1. (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 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. (1) Education/Training;
   2. (2) Confidentiality;
   3. (3) Workplace guidelines; and
   4. (4) Supervision of individuals with HIV or AIDS infection.
2. (b) Employee Training. In accordance with state law, each employee of the CSCD shall attend an HIV-AIDS training program within the first year of employment and each year thereafter. Education programs for employees shall include information and training relating to infection control procedures.
3. (c) HIV Confidentiality. Information regarding HIV-AIDS testing and results is confidential and 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. The CSCD may disclose HIV-AIDS information relating to special offenders in accordance with Texas Health and Safety Code, Chapter 614 and other state and federal law.
4. (d) Medical and Psychological Information. All records and other information concerning an offender's physical or mental state, including all information pertaining to an offender's HIV-AIDS status, are confidential in accordance with the statutes and other 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 and Safety Code, Chapter 614 and other state and federal law.

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.