Epidemiological studies show that AIDS is transmitted primarily via sexual contact or blood-to-blood contact. Researchers state that casual transmission of the virus has not occurred in close family environments, and opportunistic infections associated with AIDS do not present an appreciable risk to healthy individuals. Since there is no evidence of casual transmission by sitting near, living in the household, or caring for an individual with AIDS, the following policy and procedures are intended to insure the privacy and protect the rights of all students and employees of Hillcrest Educational Centers.
A. Legal Effect of This Policy Statement
This instrument is an expression of policy. It is not intended to and does not want to modify contractual or other legal rights held by the Hillcrest Educational Centers’ students or employees. This statement is not intended to and does not create or modify Hillcrest Educational Centers’ legal duty of care to students or employees.
B. Definitions:
“HEC” means the Hillcrest Educational Centers, Inc.
“Student” means a student, who has been admitted to, enrolled in, and is residing at the agency, and who has not graduated, transferred, or discharged from HEC, or who has been otherwise removed from active status for any reason.
“Employee” means a person, including an administrator, who receives wages or a salary from HEC.
“HIV” means the Human Immunodeficiency Virus, sometimes referred to as the Human T-Lymphotropic Virus, Type III (HLTV-III) or the Human T-Lymphotropic Virus, Type III/Lymphaadenopathy Associated Virus (HLTV-III/LAV)
“HIV test” means a properly performed test licensed by the U.S. Food and Drug Administration to detect the presence of HIV antibodies or antigens in a person’s blood.
“AIDS” means Acquired Immune Deficiency Syndrome caused by HIV, as well as the condition sometimes referred to as AIDS-Related Complex (ARC).
“Person with HIV infection” means a person who is infected with HIV, whether the person has AIDS or some symptoms of AIDS or is asymptomatic.
“Person believed to have HIV infection” means a person believed to have HIV infection
“Person believed to be at risk of HIV infection” means a person believed to be at risk of contracting the HIV infection by a student of employee of HEC.
C. General Policy
1) HEC will not discriminate against students or employees with HIV infection, students or employees believed to have the HIV infection, or students or employees believed to be at risk of the HIV infection on the basis of their perceived risk.
2) HEC will conform its policies regarding persons with HIV infection to the law, the best available scientific and medical evidence and the imperatives of human dignity, including privacy.
3) HEC will treat students and employees with HIV with respect and will, where necessary, accommodate such students and employees accordingly.
4) Since HIV is not known to be transmitted by food or air, according to the latest available scientific and medical evidence, HEC’s students and employees will follow standard sanitary procedures related to preparing food and cleaning eating-ware, regardless of the presence at HEC of a person with HIV infection or believed to have HIV infection.
5) Since HIV is not transmitted through sharing bathroom facilities, and standard sanitary procedures will prevent the growth of fungi and bacteria that may potentially cause illness to immuno-compromised people, HEC’s students and employees will follow standard sanitary procedures in sharing and cleaning bathroom facilities, regardless of the presence at HEC of a person with HIV infection or believed to have HIV infection. Toothbrushes and razors should not be shared under any circumstances but in particular because of HIV status.
6) Since HIV is transmitted through blood, semen and vaginal secretions, as are other pathogens, and since according to the latest scientific and medical evidence HIV is not transmitted by sweat, feces, urine, vomit, tears, saliva, sputum or nasal mucous, unless these fluids contain blood, HEC’s students and employees will follow the Universal Precautions issued by the Center for Disease Control to clean up all bodily fluids, in handling materials, such as clothing and sanitary napkins, that have come in contact with bodily fluids, regardless of whether those bodily fluids are from a person with HIV infection or believed to have HIV infection and regardless of whether or not the body fluid is considered to contain blood.
7) HEC will educate students and employees about HIV infection/AIDS so that they will understand that they need not feel threatened by the simple presence at HEC of persons with HIV infection, persons believed to have HIV infection, or persons believed to be at risk of HIV infection.
8) HEC will not tolerate, and will strive to prevent and eliminate, any possible discrimination or harassment by students or employees directed at persons with HIV infection, persons believe to have HIV infection, or persons believed to be at risk of HIV infection.
D. Students
1) Students or prospective students, or their parents or guardians who know that the students or prospective students have HIV infection must disclose this information to the Coordinator of Nursing Services in order to facilitate appropriate medical treatment and counseling. Students with AIDS or with clinical evidence of HIV, who are too ill to receive treatment in a residential facility should have an alternative treatment in an appropriate medical or hospital setting.
2) It is assumed that HIV infected students can be served in residential facilities and that their diagnosis does not pose any special consideration in terms of physical facility requirements. In some unusual circumstances, however, a student may exhibit exceptional behavior that poses a theoretical risk to other students or employees. Such behavior would consist of engaging in sexual activity with other students, using parenteral drugs, frequent incontinence and public defecation. Those students whose behavior is determined to be unmanageable should be transferred to an appropriate setting.
3) HEC will not require prospective students to undergo HIV tests as a condition of admission. However, HIV testing may be done after admission in the following circumstances:
a. If the authorization for Diagnostic Testing has been signed by the legal guardian during the pre-placement process and that student has exposed peers or staff to his/her own body fluids.
b. If testing for HIV is requested by a student and the guardian consents and , an HEC physician orders testing. In this case, results would be available to HEC staff as outlined in section D, # 10 of this policy. If the student is 18 years old or older, and competent, guardian consent would not be needed.
c. Anonymous testing may be arranged, if requested by a student, for any student 13 years old or older, at the Neighborhood Health Clinic with no guardian consent, in this case results will not be made available to HEC or any HEC staff.
4) HEC will not deny admission to prospective students with HIV infection, believed to have HIV infection, or believed to be at risk of HIV infection, on the basis that they have HIV infection, are believed to have HIV infection, or are believed to be at risk of HIV infection. HIV infection is not considered a communicable infectious disease for the purpose of the provision elsewhere in this policy. HEC will not admit a student without verification that the student is free from communicable / infectious disease.
5) The person with HIV infection and /or AIDS has a somewhat greater risk of encountering infections in a residential program. In the event of an outbreak at HEC of a communicable disease, nursing will immediately notify the Medical Director of any students with HIV/AIDS infection and follow the directives given, including if necessary transfer and/ or quarantine within HEC, if possible, or at another facility.
6) HEC will not deny students with HIV infection, believed to have HIV infection, or believed to be at risk of HIV infection, any rights, privileges, benefits, or status as students on the basis that they have HIV infection, are believed to have HIV infection, or are believed to be at risk of HIV infection.
7) HEC will not require or request students undergo HIV testing as a condition for obtaining, or retaining rights, privileges, or benefits as a student,
8) If a Program Director has a reasonable belief that a student has HIV infection, the Program Director may request that the school physician refer the student to an appropriate medical setting for an HIV test and, if necessary, treatment. At an appropriate medical setting, the student will be administered an HIV test only after the student or the student’s parent or guardian voluntarily signs an informed consent form consistent with section D, #5 above.
9) A student’s HIV test results, whether positive or negative, will be placed in a sealed envelope labeled “Confidential Medical Information.” HEC will determine whether to maintain any such sealed envelopes in individual students’ medical records or in a separate file with restricted access. Release of test results shall be in accordance with Section D, # 10 below.
10) Testing for HIV antibody is not recommended for any purpose other than early intervention and treatment. HEC will restrict information regarding a student’s HIV status to as few employees as is possible, and will strive to maintain maximum feasible confidentiality. Only employees with an absolute need to know should have medical knowledge of a particular student. In individual situations this might include one or more of the following:
a) student
b) parent or guardian
c) administrators
d) direct care staff, if deemed appropriate by HEC’s community based healthcare provider for employees (e.g., Occupational Health) after an exposure.
e) nursing/medical staff
f) clinical staff
11) If the Medical Director determines that he/she should release a student’s HIV test results in circumstances not mandated by law to anyone other than an employee of HEC, the managing physician, or the student’s parent or guardian, HEC must first obtain the voluntary consent, in accordance with Section D, #3 above, of the student or the student’s parent or guardian.
Employees
1) HEC will not dismiss, refuse to hire, refuse to advance in employment, or otherwise discriminate against persons with HIV infection, believed to have HIV infection, or persons believed to be at risk of HIV infection.
2) HEC will not require that employee or prospective employees disclose their HIV status.
3) HEC will not require that employees or prospective employees undergo HIV testing as a condition of application or employment.
4) Information voluntarily provided by an HEC employee of their HIV status shall be kept confidential and contained in a separate medical file.
5) If requested to do so, HEC will make every effort to accommodate an employee diagnosed with HIV, AIDS , or any other infectious disease.