37 Tex. Admin. Code § 380.9197 - HIV/AIDS
(a) Purpose. This rule provides for a safe
and healthy environment for youth in Texas Juvenile Justice Department (TJJD)
residential facilities by offering HIV/AIDS education, testing, and
counseling/treatment and by ensuring compliance with confidentiality and
reporting laws. Each youth is treated equally, and every youth's right to
privacy is respected.
(b)
Definitions.
(1) AIDS--Acquired immune
deficiency syndrome, as defined by the Centers for Disease Control and
Prevention (CDC).
(2) HIV--Human
immunodeficiency virus.
(3) Test
Result--Any statement indicating that an identifiable individual has or has not
been tested for HIV infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS. This includes a statement or assertion that
the individual is positive, negative, at risk, or has or does not have a
certain level of antigen or antibody.
(c) Testing.
(1) Testing for HIV infection, antibodies to
HIV, or infection with any other probable causative agent of AIDS is part of
routine laboratory testing performed when a youth is admitted to TJJD and does
not require a specific consent form.
(2) Youth have the right to refuse HIV
testing in writing, including routine HIV testing performed during admission,
except as provided by law.
(3) HIV
testing is not performed routinely as a result of an assault.
(4) HIV testing may be performed on a youth
only when:
(A) the youth is admitted to
TJJD;
(B) the testing is requested
by the youth and/or the testing is performed with the youth's consent after
his/her admission to TJJD;
(C) the
testing is compelled by a Texas Department of State Health Services (DSHS)
order or court order following a request made by TJJD staff in accordance with
§
81.050 of the
Texas Health and Safety Code;
(D)
the testing is compelled by a court order following a request made by TJJD
staff in accordance with Article 18.22 of the Texas Code of Criminal Procedure;
and/or
(E) the testing is directed
by a warrant obtained by the TJJD Office of Inspector General or other law
enforcement entity.
(5)
Blood may be collected for HIV testing only by nurses, medical providers, or
DSHS or its local testing designee.
(6) Post-test counseling is provided for
youth with positive HIV test results. Pre-test counseling is provided for any
HIV test conducted after admission to TJJD.
(d) Confidentiality.
(1) HIV test results or a youth's HIV/AIDS
status are confidential and may be released or disclosed only by health care
staff and only to:
(A) the TJJD medical
director;
(B) the TJJD director of
nursing;
(C) a physician, nurse, or
other health care personnel who has a legitimate need to know the information
to provide for the youth's health and welfare;
(D) the youth's parent/guardian if the youth
is under 18 years of age or with the youth's consent if the youth is at least
18 years of age;
(E) any person
designated on a signed release from the youth or the youth's parent/guardian,
as appropriate. The written consent must state that HIV test results are to be
released; or
(F) any person with a
right pursuant to law to obtain the information.
(2) TJJD staff who request testing in
accordance with §
81.050 of the
Texas Health and Safety Code or Article 18.22 of the Texas Code of Criminal
Procedure have a right to receive the test results from the entity specified in
the applicable statute.
(e) Reporting. As required by state law, TJJD
reports any AIDS cases or the HIV-positive status of a youth diagnosed by a
physician in accordance with CDC standards to the appropriate DSHS authority
through the facility medical provider.
(f) Housing. HIV-positive youth are not
segregated from the general population based solely on positive HIV status.
Housing assignments are made in accordance with §
380.8524 of this title.
(g) Treatment. HIV-positive youth are
referred immediately to appropriate health care facilities or specialists for
further evaluation, treatment, and counseling.
(h) Access to Services. Youth in TJJD
facilities are not denied equal access to appropriate medical services because
of their HIV/AIDS status.
(i)
Education.
(1) TJJD provides educational
information to youth regarding HIV/AIDS as follows.
(A) All youth participate in an educational
session when admitted to TJJD.
(B)
Education may continue as part of the academic program.
(C) Medical staff educate youth as indicated
and/or as requested.
(2)
HIV/AIDS education for youth is based upon current, accurate, scientific
information provided by officially recognized authorities on public health.
Information is communicated in a manner that youth comprehend and that is
sensitive to cultural and other differences.
(3) Educational programs address topics
including, but not limited to:
(A) disease
and disease process;
(B) signs and
symptoms;
(C) modes of HIV
transmission, including high-risk and criminal behaviors that are potential
risks for HIV transmission during confinement and after release;
(D) methods of preventing HIV transmission;
and
(E) confidentiality of medical
information and the civil and criminal penalties for failing to
comply.
(j)
Training.
(1) All TJJD direct-care staff
members receive training initially during orientation and annually
thereafter.
(2) Staff at TJJD
district offices and Central Office receive educational information
annually.
Notes
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