§ 23-07.5-01 — Definitions

North Dakota § 23-07.5-01

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-07.5: Bloodborne Pathogen Testing

Text

In this chapter, unless the context otherwise requires:
1. "Bloodborne pathogen" means a micro-organism that is present in human blood or in
other bodily fluid or tissue which can cause a disease in humans, including the
hepatitis B virus, the hepatitis C virus, and the human immunodeficiency virus, and for
which testing is recommended by the United States public health service.
2. "Exposed individual" means an individual, including a patient, health care provider,
firefighter, peace officer, correctional officer, court officer, law enforcement officer,
emergency medical technician, laboratory personnel, or an individual trained and
authorized by law or rule to render emergency medical assistance or treatment,
including an individual rendering aid under chapter 32-03.1, who is exposed to a
bloodborne pathogen.
3. "Exposure" means a percutaneous injury, including a needle stick or cut with a sharp
object; contact with blood, bodily fluid, or tissue of a mucous membrane or nonintact
skin, including exposed skin that is chapped, abraded, or afflicted with dermatitis; or
contact with other bodily fluids that are potentially infectious as determined under
guidelines of the United States public health service.
4. "Health care" means any services included in the furnishing to an individual of
hospitalization, or medical or dental care, or any services incident to the furnishing of
that care or hospitalization, as well as the furnishing to an individual of any other
services for the purpose of preventing, alleviating, curing, or healing human illness or
injury.
5. "Health care provider" means an individual licensed, certified, or otherwise authorized
by the law of this state to provide health care and includes personnel at the state crime
laboratory or any commercial or research laboratory that handles blood, bodily fluid, or
tissues.
6. "Informed consent for testing" means that the individual to be tested for bloodborne
pathogens has been informed of the nature of the testing; the reason for the testing;
the relevant risks, benefits, and potential alternatives for testing; and the individual has
granted permission to be tested.
7. "Personal representative" means any person who has authority under law to act on
behalf of an individual or deceased individual in making decisions related to health
care or health information.
8. "Test subject" means the individual who is the source of the blood, other bodily fluids,
or tissue that caused the exposure.