Tex. Health & Safety Code Section 85.116
Testing and Counseling for State Employees Exposed to Hiv Infection on the Job

(a)

On an employee’s request, a state agency shall pay the costs of testing and counseling an employee of that agency concerning HIV infection if:

(1)

the employee documents to the agency’s satisfaction that the employee may have been exposed to HIV while performing duties of employment with that agency; and

(2)

the employee was exposed to HIV in a manner that the United States Public Health Service has determined is capable of transmitting HIV.

(b)

The executive commissioner by rule shall prescribe the criteria that constitute possible exposure to HIV under this section. The criteria must be based on activities the United States Public Health Service determines pose a risk of HIV infection.

(c)

For the purpose of qualifying for workers’ compensation or any other similar benefits or compensation, an employee who claims a possible work-related exposure to HIV infection must provide the employer with a written statement of the date and circumstances of the exposure and document that, within 10 days after the date of the exposure, the employee had a test result that indicated an absence of HIV infection.

(d)

The cost of a state employee’s testing and counseling shall be paid from funds appropriated for payment of workers’ compensation benefits to state employees. The State Office of Risk Management shall adopt rules necessary to administer this subsection.

(e)

Counseling or a test conducted under this section must conform to the model protocol on HIV counseling and testing prescribed by the department.

(f)

A state employee who may have been exposed to HIV while performing duties of state employment may not be required to be tested.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0287, eff. April 2, 2015.

Source: Section 85.116 — Testing and Counseling for State Employees Exposed to Hiv Infection on the Job, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­85.­htm#85.­116 (accessed Jun. 5, 2024).

85.001
Short Title 85.002
Definitions 85.003
Department as Lead Agency and Primary Resource 85.004
Educational Materials 85.005
Educational Materials Designed for Certain Persons 85.006
Educational Materials for Persons with Disabilities 85.007
Educational Materials for Minors 85.008
Promotion of Availability of Educational Materials 85.009
Availability of Educational Materials 85.010
Educational Course for Employees and Clients of Health Care Facilities 85.011
Contracts for Educational Materials 85.012
Model Workplace Guidelines 85.014
Technical Assistance to Community Organizations 85.015
Contract for Services 85.016
Rules 85.031
State Grant Program to Community Organizations 85.032
Rules 85.033
Coordination of Services 85.034
Application Procedures and Eligibility Guidelines 85.035
Applicant Information 85.036
Awarding of Grants 85.037
Restrictions on Grants 85.038
Restrictions on Funds 85.039
Information Provided by Funded Program 85.040
Evaluation of Funded Programs 85.041
Records and Reports 85.042
Financial Records 85.043
Due Process 85.044
Advisory Committee 85.061
Hiv Medication Program 85.062
Eligibility 85.063
Procedures and Eligibility Guidelines 85.064
Funding 85.065
Sliding Fee Scale to Purchase Medication 85.081
Model Protocols for Counseling and Testing 85.082
Department Voluntary Testing Programs 85.085
Physician Supervision of Medical Care 85.086
Reports 85.087
Training of Counselors 85.088
State-funded Health Clinics 85.089
Disciplinary Action 85.111
Education of State Employees 85.112
Workplace Guidelines 85.113
Workplace Guidelines for State Contractors 85.114
Education of Certain Clients, Inmates, Patients, and Residents 85.115
Confidentiality Guidelines 85.116
Testing and Counseling for State Employees Exposed to Hiv Infection on the Job 85.141
Model Policies Concerning Persons in Custody 85.142
Adoption of Policy 85.143
Content of Policy 85.201
Legislative Findings 85.202
Definitions 85.203
Infection Control Standards 85.204
Modification of Practice 85.205
Disciplinary Procedures 85.206
Retention of License 85.251
Definitions 85.252
Prohibitions Relating to Home Collection Kit 85.253
Prohibitions Relating to Home Testing 85.254
Package of Services 85.255
Qualified Facility 85.256
Oral Reporting 85.257
Counseling 85.258
Labeling 85.259
Enforcement 85.260
Confidentiality 85.261
Certain Technology Prohibited 85.262
Reports 85.271
Definitions 85.272
Texas Hiv Medication Advisory Committee 85.273
Duties 85.274
Terms 85.275
Officers 85.276
Meetings 85.277
Attendance 85.278
Procedures 85.279
Subcommittees 85.280
Statement by Member 85.281
Compensation 85.282
Reports
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Accessed:
Jun. 5, 2024

§ 85.116’s source at texas​.gov