North Dakota Century Code Title 23. Health and Safety § 23-07.5-01. Definitions

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.