Sec. 7.10. Training and protection of persons who may be in contact with the human immunodeficiency virus (HIV)

(a) The department will seek to protect individuals in contact with protected individuals, when such contact creates a significant risk of contracting or transmitting HIV infection.

(b) The following procedures will be adopted to protect employees:

(1) Employees will be instructed to use universal precautions and infection control equipment in accordance with the Centers for Disease Control in situations where there is actual or potential contact with significant risk body substances as defined in section 7.9(b) of this Part.

(2) Employees shall use generally accepted preventive practices during job-related activities which involve the use of contaminated instruments or equipment which may cause puncture injuries.

(3) Employees shall receive education at the time of employment and appropriate intervals thereafter on the use of protective equipment, preventive practices, and circumstances which represent a significant risk for all employees whose job-related tasks involve, or may involve, exposure to significant risk body substances.

(c) Employees may voluntarily report exposures thought to represent a circumstance for significant risk to facility health services personnel or the Deputy Commissioner/Director of Correctional Medical Standards. The circumstances of the reported exposure shall be evaluated and appropriate follow-up of the exposed individual shall be offered, including the following:

(1) medical and epidemiological assessment of the individual who is the source of the exposure, where that individual is known and available;

(2) if epidemiologically indicated, HIV counseling and referral for voluntary testing of the exposed individual. If the HIV status is not known to the exposed individual, disclosure can be made with the express written consent of the protected individual, or pursuant to court order, or a person authorized by law to consent to health care for the protected individual if such person lacks capacity to consent;

(3) appropriate medical follow-up of the exposed individual;

(4) assurances for protection of confidentiality for those involved in reported exposures;

(5) at any time that testing or other activity is considered pursuant to this section, both the source individual and the exposed individual shall, in addition to any other notices, receive and sign a notice that no one can be compelled to disclose information concerning an HIV test or HIV-related illness, nor can anyone be compelled to submit to an HIV-related test absent a court order or unless otherwise specifically authorized under State or Federal law;

(6) no person may retaliate against any individual by reason or his or her refusal to submit to testing or to disclosing confidential HIV-related information.