The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“AIDS.” Acquired immune deficiency syndrome.

“Available blood.” Blood that is in the possession of the institutional health care provider or the source patient's physician pursuant to a valid authorization.

“CDC.” The Centers for Disease Control of the United States Public Health Service.

“Confidential HIV-related information.” Any information which is in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV-related information and which concerns whether an individual has been the subject of an HIV-related test, or has HIV, HIV-related illness or AIDS; or any information which identifies or reasonably could identify an individual as having one or more of these conditions, including information pertaining to the individual's contacts.

“Contact.” A sex-sharing or needle-sharing partner of the subject.

“Department.” The Department of Health of the Commonwealth.

“First responder.” Police, firefighters, rescue personnel or any other person who provides emergency response, first aid or other medically related assistance either in the course of their occupational duties or as a volunteer, which may expose them to contact with a person's bodily fluids.

“Health care provider.” An individual or institutional health care provider.

“HIV.” The human immunodeficiency virus.

“HIV-related test.” Any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of HIV infection.

“Home care agency.” Any organization or part of an organization which is staffed and equipped to provide in-home health care services. The term includes, but is not limited to, Pennsylvania-licensed home health agencies, home health aide agencies or private duty care agencies.

“Individual health care provider.” A physician, nurse, emergency medical services worker, chiropractor, optometrist, psychologist, nurse-midwife, physician assistant, dentist or other person, including a professional corporation or partnership, providing medical, nursing, drug or alcohol rehabilitation services, mental health services, other health care services or an employee or agent of such individual or an institutional health care provider.

“Institutional health care provider.” A hospital, nursing home, hospice, clinic, blood bank, plasmapheresis or other blood product center, organ or tissue bank, sperm bank, clinical laboratory, residential or outpatient drug and alcohol rehabilitation service, mental health facility, mental retardation facility, home care agency as defined in this act, or any health care institution required to be licensed in this Commonwealth whether privately or publicly operated.

“Insurer.” Any insurance company, association or exchange authorized to do business in this Commonwealth under the act of May 17, 1921 (P.L. 682, No. 284),¹ known as The Insurance Company Law of 1921, any entity subject to 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations), the act of December 29, 1972 (P.L. 1701, No. 364),² known as the Health Maintenance Organization Act, or the act of July 29, 1977 (P.L. 105, No. 38),³ known as the Fraternal Benefit Society Code.

“Significant exposure.” Direct contact with blood or body fluids of a patient in a manner which, according to the most current guidelines of the Centers for Disease Control, is capable of transmitting human immunodeficiency virus, including, but not limited to, a percutaneous injury (e.g., a needle stick or cut with a sharp object), contact of mucous membranes or contact of skin (especially when the exposed skin is chapped, abraded or afflicted with dermatitis) or if the contact is prolonged or involves an extensive area.

“Source patient.” Any person whose body fluids have been the source of a significant exposure to an individual health care provider.

“Subject.” An individual or a guardian of the person of that individual.

“Substitute decisionmaker.” Any guardian or person who by law or medical practice is authorized to consent on behalf of an incompetent person for medical treatment.