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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.41Medical and Psychological Information

(a) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Policies. Community Supervision and Corrections Department (CSCD) directors shall develop and implement policies relevant to HIV in accordance with guidelines established by the Texas Department of State Health Services and adopted by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD). These policies shall be incorporated in the CSCD's administrative manuals and shall include, at a minimum, the following:

  (1) Education and Training;

  (2) Confidentiality;

  (3) Workplace guidelines; and

  (4) Supervision of individuals with HIV or AIDS infection.

(b) Employee Training. In accordance with Tex. Health & Safety Code §85.143, the HIV-AIDS policy must:

  (1) provide for periodic education of employees and probationers concerning HIV;

  (2) ensure that education programs for employees include information and training relating to the infection control procedures and that employees have infection control supplies and equipment readily available; and

  (3) ensure access to appropriate services and protect the confidentiality of medical records relating to HIV infection. In addition, CSCD residential directors shall ensure that residential staff attend and complete HIV-AIDS classroom training within the first year of employment and each year thereafter. Training shall include, at a minimum, information relating to infection control procedures, information regarding infection control supplies and equipment, and policies regarding the handling, care, and treatment of HIV-AIDS infected persons in their custody.

(c) HIV Confidentiality. Information regarding HIV-AIDS testing and results is confidential and shall be maintained in a safe and secure manner. Access to this confidential information shall be restricted to only those persons who have been authorized to receive this information by law or with a duly executed release and waiver of confidentiality. The CSCD may disclose HIV-AIDS information relating to special offenders in accordance with Tex. Health & Safety Code §§614.001 - 614.021 and other state and federal law.

(d) Medical and Psychological Information. All records and other information concerning an offender's physical or mental state, including all information pertaining to an offender's HIV-AIDS status, are confidential in accordance with the statutes and other state and federal law. Medical and psychological information shall be maintained in a safe and secure manner. Access to this confidential information shall be restricted to only those persons who have been authorized to receive this information by law or with a duly executed release and waiver of confidentiality from the offender. The CSCD may disclose medical and psychological information relating to special needs offenders in accordance with Tex. Health & Safety Code §§614.001 - 614.021 and other state and federal law.


Source Note: The provisions of this §163.41 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10894; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective September 14, 2014, 39 TexReg 7179

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