(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 and AIDS 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) In accordance with Texas Health & Safety Code §§85.142
and 85.143, the HIV-AIDS policy must:
(1) provide for periodic education of employees and
offenders 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;
(3) ensure access to appropriate services and protect
the confidentiality of medical records relating to HIV infection;
and
(4) conform with the model policy guidelines. See e.g., https://www.dshs.texas.gov/hivstd/policy/policies/090-020.shtm
(c) Employee Training. 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.
(d) Medical and Psychological Information. All records
and other information concerning an offender's physical or mental
state, including information pertaining to an offender's HIV-AIDS
testing, results, and status, are confidential in accordance with
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 Texas Health & Safety Code §§614.001-614.021
and other state and federal law.
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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; amended to be effective March 29, 2020, 45 TexReg 2025 |