|
6/1/2020 A- Texas DSHS HIV/STD Program - HIV/STD Program Policy 090.021
<br />• flexible work schedules'
<br />E. Confidentiality and Privaq. O nT,7; ens tk it recesve.f`ands from a state agency fir *est;er .3t Q, d'+reel ! lient services as.
<br />piibVmft shall develop and use confidentiality guidelines to protect their clients' HIV/AIDS related medical information (HSC
<br />985,115, "ConfidentiaLity Guidelines"). Organizations that fail to adopt and use confidentiality guidelines are ineligible to receive
<br />state funds.
<br />Employees are not required to reveal their HIV status to employers. All medical information that an HIV infected employee
<br />provides to medical or management personnel is confidential and private. Employers may not reveal this information without the
<br />employee's knowledge and written consent, except as provided by law (HSC 581.103, "Confidentiality; Criminal Penalty").
<br />A suggested policy statement might be, "This agency wiLL protect the confidentiality of employee medical records and
<br />f information. Written consent of the employee must be obtained to share any confidential information with other staff. Those
<br />with access to confidential information must maintain strict confidentiality and privacy, separating this information from
<br />employees' personnel records. Individuals who fail to protect these employee rights commit a serious offense, which may be
<br />cause for litigation resulting in both civil and criminal penalties, and may result in dismissal:
<br />F. Co-worker Concerns. Employers need to be aware of the concerns that co-workers may have about an HIV Infected co-worker.
<br />A polity statement that acknowledges employee concerns and offers HN/AIDS education helps to increase awareness and
<br />decrease fear. Equally important is a policy statement that clarifies the limits of an employer's response to co-worker concerns,
<br />e.g., "Employees do not have the right to refuse to work with someone who has any disability."
<br />G. Employee Education. Any health care facility licensed by the DSHS or the Department of Aging and Disability Services must
<br />require its employees to complete an educational course about HIV infection (HSC §85.010). A suggested policy statement may
<br />be: AU employees will receive education about methods of transmission and prevention of HIV infection and related conditions:
<br />In response to HSC, 585.004, "Educational Programs: DSHS developed model education program guidelines. These are available
<br />from DSHS, TB/HIV/STD Section, Post Office Box 149347, MC 1873, Austin, Texas 78714, (512) 533-3000. Employers may also
<br />find the CDCs educational kit, Business Responds to AIDS, useful in developing educational courses. HIV/AIDS education should
<br />address employee concerns about HIV communicability to themselves, their families, and co-workers. Experience shows that
<br />educated co-workers usually respond to persons with HIV/AIDS with support, rather than with fear and ostracism due to
<br />misconceptions.
<br />Education programs must stress that agency employees who provide direct client services may face occupational exposure to a
<br />cLient's blood, semen, vaginal secretions, or other body fluids that are considered to be high-risk for transmission of blood borne
<br />pathogens, including HIV/AIDS. All individuals receiving direct services are clients and include individuals who are physically or
<br />mentally impaired and Individuals confined to correctional or residential facilities. All state agencies should have, as part of their
<br />employee education program, comprehensive policies and protocols based on universal precautions, body substance isolation,
<br />and barrier methods, These precautions prevent the spread of infection in clinical settings. The employer's careful planning wilt
<br />reflect a commitment to the health and well-being of the work force and the community being served.
<br />H. Assistance. Some employers have designated benefits programs available to employees and family members with HIV
<br />infection. Such programs may:
<br />• make referrals for testing, counseling, medical, and psychosocial services,
<br />• provide HIV/AIDS workplace training for managerial staff,
<br />• serve as a liaison between management and the employer's clinical and occupational health programs, and
<br />• provide counseling for employees who irrationally fear co-workers or clients.
<br />Employers who have no employee assistance program may consider working with other organizations that provide assistance.
<br />Some of these groups include Local health departments, AIDS services organizations, American Red Cross chapters, community
<br />support groups, clinical treatment and counseling services, and the religious community.
<br />A suggested policy statement might be: An employee who wants assistance concerning a disability or a life-threatening illness
<br />should contact the Personnel Office. This agency offers the following resources to help employees and managers deal with these
<br />Issues:
<br />• education and information concerning HIV/AIDS;
<br />• confidential referral to supportive services for employees and dependents affected by fife -threatening illnesses; and
<br />• benefits consultation to help employees effectively manage health, leave, and other benefits."
<br />6.0 Where to Go for Help
<br />Refer employees to the CDC HIV/STD Information line at 1(800) CDC -INFO (English/Espafiol) or other appropriate resource.
<br />https:/ANww.dshs.state.tx.usihivstd/policylpolicies/090-021.shtm 314
<br />
|