Appendix G: Policy on AIDS and HIV Infection

Background

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 members, staff members, 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 to the University for compliance with Title 25, part 1, chapter 96, Texas Administrative Code, Bloodborne Pathogens and section 51.919, Texas Education Code, for responding to specific situations involving persons with AIDS (acquired immune deficiency syndrome) or HIV (human immunodeficiency virus) 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.

General Policies

1. Institutional committee. The University Bloodborne Pathogens Control committee annually reviews its written Bloodborne Pathogens Exposure Control Plan that provides direction on the elimination or minimization of exposure to bloodborne pathogens, including HIV, in occupational and educational settings in accordance with the State of Texas Health and Safety Code, section 81.304 and with guidance from the Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens. The committee will include, as a minimum, the Environmental Health & Safety (EHS) department, University Health Services (UHS), the HealthPoint Occupational Health Program and representation from departments that employ workers with reasonable anticipation of exposure to bloodborne pathogens, including HIV.
2. 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.
3. 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 is able to perform the essential functions of the job and is able to meet the job performance standards.
4. 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.
5. Access to facilities. A person with HIV infection will not be denied access to any University facility on the basis of HIV-positive status.
6. 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.
7. Safety precautions. The University has guidelines for health care workers and students in the health professions concerning the prevention of transmission of bloodborne pathogens, which includes HIV among others. Training requirements are detailed in the University's Bloodborne Pathogens Exposure Control Plan. 
8. Education.
   1. Information on prevention provided to students.
      1. The University will routinely offer students education based on HIV education and prevention programs developed by the Texas Department of State Health Services, the Centers for Disease Control, and other health authorities and tailored to students’ cultural, educational, language, and developmental needs.
      2. University Health Services will provide information on prevention of HIV infection, including
         1. the value of abstinence and long-term mutual monogamy;
         2. information on the efficacy and use of condoms;
         3. information on conduct that may result in the transmission of HIV; and
         4. state laws relating to the transmission of HIV; offering or referring students to anonymous HIV counseling and testing services.
   2. Guidelines for laboratory courses. Departments offering laboratory courses requiring exposure to material that has potential for transmitting HIV will adopt safety guidelines using standard precautions for handling such material and distribute these guidelines to students and staff members prior to such exposure.
   3. Distribution of policy. The University will make this policy on HIV infection available to students, faculty members, and staff members by including the policy in the student, faculty, and personnel guides if practicable, or by any other method.
   4. 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
      1. methods of transmission and methods of prevention of HIV infection;
      2. federal and state laws, rules, and regulations concerning HIV infection and AIDS; and
      3. the physical, emotional, and psychological stress associated with the care of patients with terminal illnesses.
   5. Education of employees where exposure to HIV may be part of their employment duties.  Departments requiring employees to perform employment duties where risk of exposure to HIV is possible will provide training about HIV transmission specific to their employment duties and methods to minimize or eliminate that risk by following standard precautions. Standard precautions includes an overview of the engineering controls, administrative controls, and personal protective equipment used to minimize or eliminate risk of exposure. The University's Bloodborne Pathogens Exposure Control training program includes information specific to HIV and standard precautions.  
9. 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
   1. if the Texas Workforce 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.
   2. if the Texas Workforce 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.
10. 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.

^{Source: Excerpted from the Handbook of Operating Procedures, section 7.26}