For purposes of OAR 333-022-0205 through 333-022-0210, unless otherwise specified the following definitions shall apply:

1. (1) "Division" means the Public Health Division within Oregon Health Authority.
2. (2) “Health care provider” has the meaning given that term in ORS 433.045.
3. (3) "HIV test" has the meaning given that term in ORS 433.045.
4. (4) "HIV-positive test" means a positive result on the most definitive HIV test procedure used to test a particular individual. In the absence of any recommended confirming tests, this means the positive result of the initial test done.
5. (5) “Insurance producer” has the meaning given that term in ORS 746.600.
6. (6) “Insurance-support organization” has the meaning given that term in ORS 746.600.
7. (7) “Insurer” has the meaning given that term in ORS 731.106.
8. (8) "Licensed health care facility" means a health care facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS Chapters 426 or 430.
9. (9) "Local public health administrator" has the meaning given that term in ORS 433.060.
10. (10) “Local public health authority” has the meaning given that term in ORS 431.260.

11. (11) “Next of kin” means an individual within the first applicable class of the following listed classes:

    1. (a) The spouse of the decedent;
    2. (b) A son or daughter of the decedent 18 years of age or older;
    3. (c) Either parent of the decedent;
    4. (d) A brother or sister of the decedent 18 years of age or older;
    5. (e) A guardian of the decedent at the time of death;
    6. (f) A person in the next degree of kindred to the decedent;
    7. (g) The personal representative of the estate of the decedent; or
    8. (h) The person nominated as the personal representative of the decedent in the decedent’s last will.
12. (12) "Personal representative" means a person who has authority to act on behalf of an individual in making decisions related to health care.
13. (13) "Substantial exposure" means an exposure to blood or certain body fluids that have a potential for transmitting the human immunodeficiency virus based upon current scientific information and may include but is not limited to contact with blood or blood components, semen, or vaginal/cervical secretions through percutaneous inoculation or contact with an open wound, non-intact skin, or mucous membrane of the exposed person.

Statutory/Other Authority

ORS 433.045 - 433.080

Statutes/Other Implemented

ORS 433.006 & 433.065

History

PH 6-2013, f. & cert. ef 2-4-13