28 Tex. Admin. Code § 122.3 - Exposure to Communicable Diseases: Reporting and Testing Requirements for Emergency Responders
(a) This section
applies to all law enforcement officers, fire fighters, emergency medical
service employees, paramedics, and correctional officers who are either state
employees or employees covered under workers' compensation insurance (to
include those who are providing services as a volunteer and are covered by
workers' compensation insurance).
(b) For purposes of this section "reportable
disease" means communicable diseases and health conditions required to be
reported to the Texas Department of Health by the Texas Health and Safety Code,
§
81.041, as
amended, including: acquired immune deficiency syndrome (AIDS); amebiasis;
anthrax; botulism--adult and infant; brucellosis; campylobacteriosis;
chancroid; chickenpox; Chlamydia trachomatis infection; cholera;
cryptosporidiosis; dengue; diphtheria; ehrlichiosis; encephalitis; Escherichia
coli 0157:H7; gonorrhea; Hansen's disease (leprosy); Heamophilus influenzae
type b infection, invasive; hantavirus infection; hemolytic uremic syndrome
(HUS); hepatitis, acute viral; human immunodeficiency virus (HIV) infection;
legionellosis; listeriosis; Lyme disease; malaria; measles (Rubeola);
meningitis; meningococcal infection, invasive; mumps; pertussis; plague;
poliomyelitis, acute paralytic; rabies in man; relapsing fever; Rocky Mountain
spotted fever; rubella (including congenital); salmonellosis, including typhoid
fever; shigellosis; streptococcal disease, invasive Group A; syphilis; tetanus;
trichinosis; tuberculosis; tuberculosis infection in persons less than 15 years
of age; typhus; Vibrio infection; viral hemorrhagic fevers; and yellow fever.
This list of diseases may change from time to time. To determine the most
current list of reportable diseases and exposure criteria refer to Texas
Department of Health rules, 25 TAC Chapter 97, Communicable Diseases.
(c) An employee listed in subsection (a) of
this section will not be entitled to workers' compensation benefits for a
reportable disease unless the employee:
(1)
had a test performed within 10 days of an exposure to the reportable disease
that indicated the absence of the reportable disease (Exposure criteria and
testing protocol must conform to Texas Department of Health requirements. This
rule does not prohibit a decision-maker's consideration of other factors.);
and
(2) provided the employer with
a sworn affidavit of the date and circumstances of the exposure and a copy of
the results of the test required by paragraph (1) of this subsection.
(d) The employer's insurance
carrier, including state and political subdivision employers, shall be liable
for the costs of test(s) required by subsection (c) of this section, regardless
of the results of the test(s), in addition to any other benefits required to be
paid by the Texas Workers' Compensation Act or administrative rules. The cost
of a state employee's testing, regardless of the results of the test, shall be
paid from funds appropriated for payment of workers' compensation benefits to
state employees.
(e) Section
110.108 of this title (relating to
Employer Notice Regarding Work-Related Exposure to Communicable Diseases/HIV:
Posting Requirements; Payment for Tests) requires each employer with employees
covered by this section to post the notice contained in subsection (d) of that
section in its workplace to inform employees of the requirements of this
section.
(f) Emergency responders
and employers of emergency responders should also refer to the Texas Health and
Safety Code, Chapter 81 and Texas Department of Health rules, 25 TAC Chapter
97, Communicable Diseases, to ensure compliance with all applicable
requirements.
Notes
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