4-08/000.00 Reporting of HIV/AIDS and Other Communicable Diseases



Responsibilities of Custody Division Personnel  

Unit commanders shall develop and implement unit orders to distribute information concerning inmates in custody who have been exposed to or infected by HIV/AIDS, or other communicable disease. This information will be made available to all personnel, contract personnel, and volunteers who have or may have direct contact with the inmate in question, or his bodily fluids, as required by the Health and Safety Code, section 199.99(c).  

Custody Division personnel who observe or are informed of activity that may cause the transmission of HIV/AIDS or other communicable diseases shall take immediate action. The activity shall be documented via an Inmate Incident Report (SH-J-213) and/or Complaint Report (SH-R-49) as appropriate, and a Department of Health Services form, "Request and Decision for HIV Testing (DHS 8459), pursuant to the Department Manual of Policy and Procedures, section 5-03/175.25, "Reporting of Inmate's Exposure to Aids and Other Communicable Diseases."  

The information reported shall remain confidential. All employees shall maintain the confidentiality of inmates personal information except when disclosure is necessary to obtain medical or psychological care or advice.  

When seeking medical or psychological care or advice, disclosure of confidential information shall be only to those necessary to obtain the advice, and shall in no instance be available to other inmates.  

Inmates Who Claim to Be Infected with HIV/AIDS or Other Communicable Diseases  

Any inmate within Custody Division that alleges to be infected with the HIV/AIDS virus will be expedited to a facility medical clinic. The medical staff at that facility's medical clinic, upon examination and evaluation, will determine if transportation to IRC/TTCF or another medical facility is needed. Both medical and custody personnel shall make the necessary notifications.  

INMATE RECEPTION CENTER (IRC)
 

Inmate Processing and Release  

Persons entering custody who are under the care of a health provider for HIV/AIDS, upon intake into Inmate Reception Center, shall be immediately taken to the IRC clinic where their medication needs will be assessed. Any prescribed medication in the inmate's possession shall be placed in their property. Inmates who meet the criteria for the self medication program will be enrolled by the IRC physician and nursing staff. When HIV patients who are enrolled in the self medication program are released from custody, all jail-issued medication will be given to the inmate along with any medication held in their property.  

Responsibilities of the Inmate Reception Center Captain  

The Inmate Reception Center captain is responsible for updating computer records of all applicable inmates (both male and female) to indicate a [REDACTED TEXT] in the special handling area of the daily purge sheets. The IRC captain will forward a list of inmates that are designated[REDACTED TEXT]to the chief physician or a designee. Upon notification from the Correctional Health Services (CHS) chief physician or designee that an inmate no longer has a communicable disease, the special handling code/status shall be removed from all records. The CHS chief physician or designee shall forward a list of all inmates that are no longer considered contagious to the IRC captain on a daily basis.  

Responsibilities of The Inmate Reception Center Watch Commander  

Upon notification by a station or facility watch commander or Court Services supervisor of an HIV/AIDS infected inmate in transit, the Inmate Reception Center watch commander will: 

  • Notify the IRC nursing supervisor or their designee
  • Provide an estimated time of arrival
  • Notify the IRC nursing supervisor or their designee upon arrival of the inmate before accepting custody of the inmate
  • Not accept custody of the inmate after it has been determined by the IRC nursing supervisor or their designee that the inmate is medically unstable
  • Refer the inmate to an acute care hospital for further evaluation at the direction of the IRC nursing supervisor or their designee  

Responsibilities of the Inmate Reception Center Nursing Supervisor  

The Inmate Reception Center nursing supervisor, upon notification by a station or facility watch commander or Court Services supervisor of an identified HIV/AIDS infected inmate, will obtain: 

  • The name of the inmate
  • The inmate's booking Number
  • The names of the inmate's medication(s), including the time of the last dose
  • The inmate's current condition
  • Name and Employee Number of the station watch commander or court supervisor
  • The name of the station or court lock-up
  • The estimated time of arrival
  • The date and time of the call  

Based on this information, the nursing supervisor will assist the facility watch commander or court supervisor in determining the need to expedite the inmate to IRC, self medicate, or to transport to an acute care hospital. The nursing supervisor will also notify the IRC watch commander if not already notified.  

Responsibilities of Correctional Health Services  

Chief Physician  

The chief physician, CHS staff, custody medical liaison (MCJ, TTCF), or their designee, shall report to the facility watch commander all information received by medical personnel that an inmate in custody has been exposed to or infected by the HIV/AIDS virus or other communicable disease.  

The report shall be made as soon as possible, and in no event more than 24 hours after the staff receives the information. The report shall be confidential and contain the following: 

  • The inmate's name
  • The results of all laboratory tests indicating exposure to or infection by the HIV/AIDS Virus or other communicable disease
  • The specific disease the inmate has contracted
  • Any statement by the inmate to medical staff that he has been exposed to or infected by AIDS or other communicable disease  

The chief physician of CHS shall provide a daily list to the unit commanders and custody medical liaison (MCJ, TTCF) of all inmates who have HIV/AIDS or any other communicable disease. The chief physician shall also provide a daily list of inmates who no longer have a communicable disease to the IRC watch commander.  

If an employee has been exposed to one of the five bodily fluids that transmit HIV (blood, semen, vaginal secretions, breast milk, or pre-ejaculate fluid), or has been exposed to bodily fluids which may transmit other communicable diseases of an inmate, medical staff as assigned by the chief physician shall review the inmate's medical history and attempt to obtain the inmate's legal consent for all appropriate treatment, pre-test counseling, and tests.