1. (a) Human immunodeficiency virus (HIV) policies. CSCD directors shall develop and implement policies relevant to HIV in accordance with guidelines established by the Texas Department of Health and adopted by the TDCJ-CJAD. These policies, to be incorporated in the CSCD's administrative manuals, shall include, but not be limited to, the following:

   1. (1) education/training;
   2. (2) confidentiality;
   3. (3) workplace guidelines; and
   4. (4) supervision of individuals with Acquired Immune Deficiency Syndrome (AIDS) or HIV infection.
2. (b) Employee training. In accordance with statute, each employee of the CSCD shall attend an HIV-AIDS training program, within the first year of employment.
3. (c) HIV confidentiality. Information regarding HIV-AIDS testing and results are strictly confidential and may not be released to any other staff of the CSCD, staff of other CSCDs in Texas, staff of community supervision/probation jurisdictions in other states, or documented in official community supervision records of the department unless the offender voluntarily completes and signs a Voluntary Consent and Waiver of Confidentiality (Texas Health Standards Code).
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 status, must be kept in strict confidence. Upon execution of a duly authorized release of medical or psychological information, that information shall be sealed within, or kept separate from the supervision file. Medical and psychological information contained in this file shall be maintained in a safe and secure manner with access to this confidential information restricted to only those persons who have been authorized to receive this information in a duly executed waiver of confidentiality. A department may be required to take additional measures to restrict access to information concerning the offender's HIV status, depending on the extent to which an offender limits the access to specific personnel.

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.