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Excerpted from section 7.26 of the Handbook of Operating Procedures
of the University of Texas at Austin, currently being revised.
The University of Texas at Austin recognizes Human Immunodeficiency Virus (HIV)
as a serious public health threat and is committed to encouraging an informed
and educated response to questions raised by faculty, staff, and students.
Guidelines in this policy have been developed to address the medical,
educational, legal, administrative, and ethical issues involved.
The purpose of this policy is to provide guidelines for the University for
compliance with Section 51.917, Texas Education Code, and for responding to
specific situations involving persons with AIDS or HIV infections in the areas
of administrative policy, residence life, health education, testing for HIV
infection, confidentiality of information related to persons with AIDS or HIV
infection, and patient care. The policy is applicable to students and employees
of the University.
Throughout this appendix, "HIV infection" denotes the total spectrum of the
disease, from HIV seropositive but asymptomatic infection to fully developed
AIDS.
- Institutional committee. The University committee to oversee
educational programs related to AIDS and HIV and to advise the administration
on the implementation of these policies will include, as a minimum,
representation from the faculty, the student body, and administrative areas
such as housing services, health services, counseling services, and food
services.
- Admissions. The existence of HIV infection will not be considered
in admissions decisions unless current scientific information indicates
required academic activities may expose others to risk of transmission.
- Employment. The existence of HIV infection will not be used to
determine suitability of applicants for employment by the University. An
HIV-infected employee will remain employed as long as he or she meets job
performance standards and does not engage in job-related activities that
current scientific information indicates may expose others to risk of
transmission.
- Class attendance. A student with HIV infection will be allowed to
attend all classes without restrictions, as long as the student is physically
and mentally able to participate and perform assigned work, and poses no health
risk to others.
- Access to facilities. A person with HIV infection will not be
denied access to any University facility on the basis of HIV-positive status.
- Residential housing. The University residential housing staff will
not exclude HIV-positive students from University housing, and will not inform
other students that a person with HIV infection lives in University housing.
- Testing for HIV infection.
- Mandatory testing. No program for mandatory HIV testing of
employees, students, or patients will be undertaken without that person's
consent unless required by law or court order, or as specified by section G
below.
- Voluntary testing and counseling. The University Student Health
Center will offer or refer students, faculty, and staff members for
confidential or anonymous HIV counseling and testing services. All testing
conducted by the University will include counseling before and after the test.
Unless required by law, test results will be revealed to the person tested only
when the opportunity is provided for immediate, individual, face-to-face
counseling about:
- the meaning of the test result;
- the possible need for additional testing;
- measures to prevent transmission of HIV;
- the availability of appropriate health care services, including mental
health care, and appropriate social and support services in the geographic area
of the person's residence;
- the benefits of partner notification; and
- the availability of partner notification programs.
- Informed consent.
- Unless otherwise authorized or required by law, no HIV test will be
performed without informed consent of the person to be tested.
- Consent will be written on a separate form, or the medical record will
document that the test has been explained and consent has been obtained. The
consent form will state that post-test counseling will be offered or the
medical record will note that the patient has been informed that post-test
counseling will be offered.
- Reporting of test results. HIV test results will be reported in
compliance with all applicable statutory requirements, including the
Communicable Disease Prevention and Control Act, Texas Health and Safety Code,
Section 81.001.
- Conditions of HIV testing of employees at University's expense.
Employees will be informed that they may request HIV testing and counseling at
the University's expense, if:
- The employee documents possible exposure to HIV while performing duties of
employment; and
- The employee was exposed to HIV in a manner that is capable of
transmitting HIV as determined by guidelines developed in accordance with
statements of the Texas Department of Health and the Centers for Disease
Control.
- Qualifying for workers' compensation benefits. State law requires
that an employee must provide a written statement of the date and circumstances
of the exposure to HIV infection and document that within ten days after the
exposure, the employee had a test result that indicated absence of HIV
infection. An employee who may have been exposed to HIV while performing
duties of employment may not be required to be tested, but refusal to be tested
may jeopardize workers' compensation benefits.
- Testing following potential exposure to HIV. The University
will develop guidelines and protocols for employees and students who have been
exposed to material that has a potential for transmitting HIV as a result of
employment or educational assignments. Testing of employees or students exposed
to such material will be done within seven days after exposure and will be
repeated after one, three, and six months. These guidelines follow Texas
Department of Health, U.S. Public Health Service, and the Centers for Disease
Control guidelines.
In cases of exposure of an employee or student to another individual's
("Individual" in this paragraph) blood or body fluid, the University, at
University expense, may test that Individual for HIV infection with or without
the Individual's consent, provided that the test is performed under approved
institutional guidelines and procedures that provide criteria for testing and
that respect the rights of the person being tested. This includes post-test
counseling as specified in section B. If the test is done without the
Individual's consent, the guidelines must ensure that any identifying
information concerning the Individual's test will be destroyed as soon as the
testing is complete and the person who may have been exposed is notified of the
result. Test results will be reported in compliance with all applicable
statutory requirements, as specified in section D.
- Confidentiality of records. Except where release is required or
authorized by law, information concerning the HIV status of students,
employees, or patients and any portion of a medical record will be kept
confidential and will not be released without written consent. HIV status in
personnel files and workers' compensation files is to remain confidential and
have the confidentiality status of medical records.
- Safety precautions. The University will develop guidelines for
health care workers and students in the health professions concerning
prevention of transmission of HIV and concerning health care workers who have
HIV infection. Each University health care worker who is involved in hands-on
patient care should complete an educational course about HIV infection based on
the model education program and workplace guidelines developed by the Texas
Department of Health and the guidelines of this policy.
- Education.
- Employee education pamphlet. The University will provide each
employee an educational pamphlet about methods of transmission and prevention
of HIV infection. The pamphlet will be the Texas Department of Health
educational pamphlet or a pamphlet based on the model developed by the Texas
Department of Health. The pamphlet will be provided to new employees on the
first day of employment and to all employees annually.
- Information on prevention provided to students.
- The University will routinely offer students education based on the model
HIV education and prevention program developed by the Texas Department of
Health and tailored to the students' cultural, educational, language, and
developmental needs.
- The University Student Health Center will provide information on
prevention of HIV infection including:
- the value of abstinence and long-term mutual monogamy,
- information on the efficacy and use of condoms, and
- state laws relating to the transmission and to conduct that may result in
the transmission of HIV.
- The employee educational pamphlet will be available to students on
request.
- Guidelines for laboratory courses. Departments offering laboratory
courses requiring exposure to material that has potential for transmitting HIV
will adopt safety guidelines for handling such material and distribute these
guidelines to students and staff prior to such exposure.
- Distribution of policy. The University will make this policy on HIV
infection available to students, faculty and staff members by including the
policy in the student, faculty and personnel guides if practicable, or by any
other method.
- Education of students entering health professions. Each college or
school offering medical, dental, nursing, allied health, counseling, and/or
social work degree programs should include within the program curricula
information about:
- methods of transmission and methods of prevention of HIV infection,
- federal and state laws, rules and regulations concerning HIV infection and
AIDS, and
- the physical, emotional, and psychological stress associated with the care
of patients with terminal illnesses.
- Unemployment compensation benefits. The University will inform
employees via employee or faculty guides that state law provides that an
individual will be disqualified for unemployment compensation benefits
- if the Texas Employment Commission finds that the employee left work
voluntarily rather than provide services included within the course and scope
of employment to an individual infected with a communicable disease, including
HIV. This disqualification applies if the University provided facilities,
equipment, training, and supplies necessary to take reasonable precautions
against infection.
- if the Texas Employment Commission finds that the employee has been
discharged from employment based on a refusal to provide services included
within the course and scope of employment to an individual infected with a
communicable disease, including HIV. This disqualification applies if the
University provided facilities, equipment, training, and supplies necessary to
take reasonable precautions against infection.
- Health benefits. No University student or employee will be
subjected to impermissible discrimination under a health benefits plan endorsed
by the University on the basis of a positive HIV test result.
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28 August 1996. Registrar's Web Team
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