Management of Acquired Immune Deficiency UPPS No. 07.09.01
Syndrome (AIDS) on Campus Issue No. 4
Effective
Date: 12/18/2009
Review: June 1 E10Y
01.01 This UPPS’s purpose is to set forth the university’s policy regarding HIV/AIDS on campus.
01.02 Texas
State recognizes that preventing the transmission of HIV is the only effective
means of stopping the spread of the HIV/AIDS. The university will address
HIV/AIDS through education, support services, and appropriate accommodations
for those infected with HIV.
02.01 Acquired
Immune Deficiency Syndrome (AIDS) is the end result of an infection caused
by a virus called Human Immunodeficiency Virus (HIV). This virus causes
a deterioration of the body's immune system. As a result, a person with AIDS is
susceptible to a variety of potentially fatal infections.
02.02 HIV
infection is a condition in which an individual has tested positive for HIV
antibodies. In the early stages of HIV infection, people may appear healthy but
can transmit the virus to others.
02.03 Employees,
in this UPPS, include faculty, staff, and student employees.
03.01 Admissions
– The university will not deny admission to a prospective student on the basis
of HIV infection.
03.02 Employment
– The university will not deny a person consideration for employment on the
basis of HIV infection. An HIV-infected employee may request employment
accommodations following the procedures outlined UPPS No.
04.04.60, Workplace Accommodation. The university will make a reasonable
effort to accommodate the employee’s disability.
03.03 Class
Attendance – A student with HIV infection may attend all classes without
restriction, provided that the student is able to perform assigned work. A
student with HIV infection is entitled to reasonable and appropriate academic
accommodations as outlined in UPPS No.
07.11.01, Disability Services for Students.
03.04 Access
to Facilities – The university will not deny a person access to its facilities
on the basis of HIV infection.
03.05 Athletic
and Recreation Programs – The university will not restrict a student from
participating in intercollegiate athletics, intramurals, or recreational sports
unless the student poses a direct threat of infection to others.
03.06 Residential
Housing – The university will not restrict students with HIV from university
housing. Housing and Residential Life staff will not disclose this information
without the student’s prior written consent, and will make decisions regarding
an HIV-infected student on an individual basis. A student with HIV infection
who may require an accommodation in university housing should follow the
procedures outlined in Requests
for University Housing Accommodations Based on Disability-Related Needs.
03.07 Exemptions
Based on Presence of HIV-infected Individual – The presence of an HIV-infected
student does not justify others from withdrawing from class or not fulfilling the
terms of a Residential Housing Contract. The presence of an HIV-infected
employee does not justify others from avoiding performing job duties.
03.08 Mandatory HIV Testing – The university will not undertake any programs that require mandatory testing of students or employees except as provided by law.
03.09 Laws Protecting Persons with HIV/AIDS –
Section 504 of the Rehabilitation
Act of 1973 and the 1990
Americans with Disabilities Act protect persons with disabilities,
including those infected with HIV, from discrimination and harassment.
Employees and students who discriminate on an illegal basis are subject to
disciplinary sanctions as provided by upps no. 04.04.46, Prohibition of Discrimination or
Harassment Based on Race, Color, National Origin, Age, Sex, Religion,
Disability, or Sexual Orientation.
04.01 The Family
Educational Rights and Privacy Act of 1974, Chapter 159
of the Occupations Code, Section
81.103 of the Health and Safety Code, Health Insurance Portability and Accountability Act
of 1996
and other laws protect individuals from the unauthorized disclosure of
confidential information. The HIV status of students and employees is
confidential information that the university will not release without the prior
written consent of the individual, except where release is required or
authorized by law. HIV status in personnel records and Workers' Compensation
files is confidential information, safeguarded to prevent unauthorized
disclosure.
04.02 Every
university department head will establish procedures to protect the
confidentiality of HIV infection information in personnel records and to limit
the number of persons involved in matters concerning individuals with HIV/AIDS.
The Health and Safety Code provides criminal sanctions for persons who, with
criminal negligence and in violation of the code, (1) release or disclose a
test or other information or (2) allow a test result or other information to
become known.
05.01 The
Student Health Center will provide services as follows:
a. The Student Health Center will provide
students with:
1) Medical information about HIV/AIDS and
resources available to infected students;
2) Medical care for routine medical problems;
and
3) Referral for counseling services to address
the emotional and psychological effects of the disease.
b. The Student Health Center will provide
employees with:
1) General information about HIV/AIDS; and
2) Information about area HIV/AIDS support
resources.
c.
The
director of the Student Health Center or a designated medical representative
will provide consultation to supervisors, faculty and administrators regarding
HIV/AIDS issues.
05.02 The
Counseling Center will provide confidential counseling services as well as
information about other resources available to students who are infected with
HIV.
05.03 The
Office of Disability Services will assist infected students in obtaining
services and accommodations. A medical diagnosis of HIV/AIDS does not automatically
mean a student will qualify for accommodations. The condition must cause a
substantial limitation on the student’s ability to learn or on another major
life activity.
05.04 The
offices of Human Resources, Disability Services, and Equity and Access will
assist infected employees in obtaining services and accommodations.
06.01 Voluntary
Testing and Counseling – The Student Health Center will provide confidential
HIV testing with pre- and post-test counseling, as needed, to Texas State
students. An anonymous testing program is available whereby no information
regarding the HIV test is recorded in the student's medical record. Unless
authorized or required by law, the Student Health Center will not perform HIV
tests without the patient’s written consent. The university will refer its
employees to the county health department or their personal physician for HIV
testing.
06.02 Reporting
of HIV Test Results – The university will report HIV test results in compliance
with all applicable statutory requirements including Chapters 81
and 84 of
the Texas Health and Safety Code and Chapter
97 of the Texas Administrative Code.
06.03 HIV
Testing Protocol After a Possible Exposure – Following guidelines established
by the Centers for Disease Control and Prevention and the Texas Department of
State Health Services, the university will test a student or employee who may
have been exposed to HIV at baseline, six weeks, three months, and six months
after the possible exposure.
06.04 Student
Request for HIV Testing – A student may request HIV testing and counseling at
university expense, if the student documents possible exposure to HIV during a
class activity or an educational assignment in a manner that is capable of
transmitting HIV in accordance with information from the Centers for Disease
Control and Prevention and the Texas Department of State Health Services. The
university may, with informed consent and at its own expense, also test the
individual that may have exposed the student for HIV infection. The Student
Health Center may conduct HIV tests for students and persons who are not
university employees.
06.05 Employee
Request for HIV Testing – An employee may request HIV testing and counseling at
university expense, if the employee documents possible exposure to HIV, while
performing the duties of employment, in a manner that is capable of
transmitting HIV in accordance with information from the Centers for Disease
Control and Prevention and the Texas Department of State Health Services. The
university may, with informed consent and at its own expense, also test the
individual that may have exposed the employee for HIV infection. Any physician
listed in the Texas Department of Insurance, Division of Workers’
Compensation (TXCOMP) approved doctor listing may perform HIV tests
for employees.
06.06 Worker's
Compensation Benefits and HIV Testing – Although the university cannot require
employees exposed to HIV during the scope of their employment to undergo
testing, the employees’ failure to do so may jeopardize their Workers’
Compensation claim. State law requires that an employee
must provide a written statement of the date and circumstances of a possible exposure
to HIV. The employee must document that he or she had a negative HIV test
within ten days of the exposure (Chapter 85
of the Health and Safety Code). As provided in UPPS No.
04.04.43, Workers'
Compensation Injuries, Illnesses, and Claims, supervisors must complete a Supervisor’s
Report of Incident, Injury or Illness to establish the employee’s workers’
compensation benefits.
07.01 The
Student Health Center, through a combination of health education presentations,
outreach events, pamphlets, Student Health Center Web page content, and
responses to individual requests, will provide information on prevention of HIV
infection including the value of abstinence and responsible relationships;
information on the efficacy, use, and availability of condoms; conduct that may
result in the transmission of HIV; and state laws relating to HIV/AIDS.
07.02 The
university will provide HIV education to students based on the model HIV
education and prevention program developed by the Texas Department of State
Health Services, by including this information in the curricula of its Allied
Health, Counseling, Health Education, and Social Work Programs. These programs
will also address the physical, emotional, and psychological stress associated
with HIV/AIDS infection of caring for someone with HIV/AIDS infection. The
university will encourage other academic degree programs to include relevant
HIV information in their curricula.
07.03 Human
Resources will provide each employee with educational
materials containing information similar to HIV/AIDS
and the Workplace
developed by the Texas Department of State Health Services. The university will
provide the information to new employees on the first day of employment and to
all employees annually.
08.01 Academic
– Departments offering laboratory courses that may involve exposure to blood
and other potentially infectious materials will adopt safety guidelines for
handling such materials and distribute these guidelines to students and staff
prior to such exposure. The safety guidelines will include the guidelines
established by the OSHA Bloodborne Pathogens Final Standard and the CDC
Universal Precautions. The university will also provide students with
appropriate personal protective equipment.
08.02 Residential
Housing – Department of Housing and Residential Life staff will annually review
and follow the guidelines established by the OSHA Bloodborne Pathogens Final
Standard and the CDC Universal Precautions. Department of Housing and
Residential Life staff will provide annual programs for department staff that
include information about methods of transmission and prevention of HIV
infection, safety guidelines established by the OSHA Bloodborne Pathogens Final
Standard and the CDC Universal Precautions, federal and state laws concerning
HIV/AIDS, and relevant information contained in this university HIV/AIDS
policy. Department of Housing and Residential Life staff will provide education
and programming opportunities in the residence halls regarding safer sex to
help prevent sexually transmitted infections, including HIV.
08.03 Occupational
– Department heads will provide annual HIV safety programs for employees whose
duties may involve exposure to blood or other potentially infectious materials.
The HIV safety programs will include information about methods of transmission
and prevention of HIV infection, safety guidelines established by the OSHA
Bloodborne Pathogens Final Standard and the CDC Universal Precautions, federal
and state laws concerning HIV/AIDS, and relevant information contained in this
university HIV/AIDS policy. The university will also provide employees with
appropriate personal protective equipment.
08.04 University
Police Department – The University Police Department will develop and implement
HIV/AIDS workplace policies similar to the model policies developed by the
Texas Department of State Health Services in its HIV/STD Program Policy
090.020, Model Policies for Handling, Caring and Treating persons infected with
a sexually transmitted disease (including HIV/AIDS) while in the custody,
supervision or care of correctional, law enforcement, or emergency services
entities (Section
85.141 of the Health and Safety Code).
08.05 Athletics
– The Athletic Department will provide athletic trainers with annual HIV safety
programs which will include information about methods of transmission and
prevention of HIV infection, safety guidelines established by the OSHA
Bloodborne Pathogens Final Standard and the CDC Universal Precautions, federal
and state laws concerning HIV/AIDS, and relevant information contained in this
university HIV/AIDS policy. Athletic trainers will also comply with the
HIV/AIDS Guidelines of the most recent edition of the NCAA Sports Medicine
Handbook. The Athletic Department will provide athletic trainers with
appropriate personal protective equipment.
09. PROCEDURES
FOR DISTRIBUTION OF HIV/AIDS POLICY INFORMATION
09.01 The
university will include relevant summaries of this HIV/AIDS policy in the
student, faculty, and staff handbooks.
09.02 The
University News Service will coordinate the release
of information regarding university HIV/AIDS policy and programs. The
University News Service will consult with appropriate departments and offices
to ensure that accurate information and a consistent university policy are
presented to the public.
09.03 The director of the Student Health Center will
respond to inquiries pertaining to the incidence of HIV/AIDS on campus.
10.01 Reviewers
of this UPPS include the following:
Position Date
Director,
Student Health Center June
1 E10Y
University
Attorney June
1 E10Y
Director,
Human Resources June
1 E10Y
Director,
Office of Disability Services June 1
E10Y
Chief
Diversity Officer and June
1 E10Y
Director,
Equity and Access
This UPPS
has been approved by the following individuals in their official capacities and
represents Texas State policy and procedure from the date of this document
until superseded.
Director,
Student Health Center; senior reviewer of this UPPS
Assistant
Vice President for Student Affairs
Vice
President for Student Affairs
President