28 Tex. Admin. Code § 122.4 - State Employees Exposed to Human Immunodeficiency Virus (HIV): Reporting and Testing Requirements
(a) This section
applies to all employees of the state of Texas.
(b) A state employee shall not be entitled to
workers' compensation benefits for a work-related exposure to human
immunodeficiency virus (HIV) infection unless the employee:
(1) had a test performed within 10 days of an
exposure to HIV that indicated the absence of HIV infection (Exposure criteria
and testing protocol must conform to Texas Department of Health requirements.);
and
(2) provided the employer with
a written statement of the date and circumstances of the exposure to HIV and a
copy of the results of the test required by paragraph (1) of this
subsection.
(c) The cost
of a state employee's test(s) required by subsection (b) of this section,
regardless of the results of the test(s), shall be paid from funds appropriated
for payment of workers' compensation benefits to state employees, in addition
to any other benefits required to be paid by the Texas Workers' Compensation
Act or administrative rules.
(d)
Section 110.108 of this title (relating to
Employer Notice Regarding Work Related Exposure to Communicable Disease/HIV:
Posting Requirements; Payment for Tests) requires each state agency to post the
notice contained in subsection (d) of that section in its workplace to inform
employees of the requirements of this section.
(e) State employers and state employees
should also refer to the Texas Health and Safety Code, Chapter 85 and Texas
Department of Health rules, 25 TAC Chapter 97, Communicable Diseases, to ensure
compliance with all applicable requirements.
Notes
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