25 Tex. Admin. Code § 97.140 - Counseling and Testing for State Employees Exposed to Human Immunodeficiency Virus (HIV) Infection on the Job
(a)
Purpose. The purpose of this section is to implement the provisions of the
Communicable Disease Prevention and Control Act, Texas Health and Safety Code,
§
85.116, which
requires the Department of State Health Services (department) to adopt rules to
implement the Act.
(b) Counseling
and testing.
(1) The counseling for state
employees exposed to HIV on the job should be performed in accordance with the
most current guidelines developed by the department. Copies are available for
review in the HIV/STD Comprehensive Services Branch, Department of State Health
Services, 1100 West 49th Street, Austin, Texas 78756-3199. Copies also are
available on request.
(2) A state
employee who may have been exposed to HIV while engaged in activities within
the course and scope of state employment may not be required to be tested for
HIV.
(3) HIV counseling and testing
will be performed on the state employee, when requested by that employee, at
the expense of the state agency if:
(A) the
employee documents to the agency's satisfaction that he or she may have been
exposed to HIV while engaged in activities within the course and scope of state
employment; and
(B) the exposure
was a needlestick or other penetrating puncture of the skin with a used needle
or other contaminated item; or either a splatter or aerosol into the eye, nose,
or mouth or any significant contamination of an open wound or non-intact skin
with blood or body fluids known to transmit HIV.
(c) Workers' compensation. To
qualify for workers' compensation or similar benefits or compensation, the
employee must provide the state agency with a written statement of the date and
circumstances of the exposure and document that, within ten days after the date
of the exposure, the employee had a test result that indicated the absence of
HIV infection. Further information can be obtained from "Risk Management for
Texas State Agencies, Volume III, Workers' Compensation Exposures," which is
available from the State Office of Risk Management, P.O. Box 13777, Austin,
Texas 78711-3777.
Notes
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