37 Tex. Admin. Code § 163.41
Medical and Psychological Information
Effective Dec 12, 199924 TexReg 10894Source 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.Texas Secretary of State
(a) Human immunodeficiency virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) policies. CSCD directors shall develop and implement policies relevant to HIV-AIDS 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) education/training;
- (2) confidentiality;
- (3) workplace guidelines; and
- (4) supervision of individuals with HIV or AIDS infection.
- (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. Education programs for employees shall include information and training relating to infection control procedures.
- (c) HIV confidentiality. Information regarding HIV-AIDS testing and results is confidential. HIV-AIDS information 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 by law or with a duly executed release and waiver of confidentiality. The CSCD may disclose HIV-AIDS information relating to special needs offenders in accordance with Health and Safety Code, Chapter 614.
- (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. Medical and psychological information 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 by law or with a duly executed release and waiver of confidentiality. The CSCD may disclose medical and psychological information relating to special needs offenders in accordance with Health and Safety Code, Chapter 614. A department may be required to take additional measures to restrict access to information concerning the offender's HIV-AIDS 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; amended to be effective December 12, 1999, 24 TexReg 10894.