§ 42-56-37 Human Immunodeficiency Virus(HIV) testing. – (a) Every person who is committed to the adult correctional institutions toanswer for any criminal offense, after conviction, is required to be tested forhuman immunodeficiency virus (HIV). No consent for this test is required fromthe person being tested, nor is this test subject to waiver. In addition,periodic testing for HIV, including testing at the time of release and whendeemed appropriate by a physician, is required. No consent on the part of theperson being tested is required.
(b) All inmates shall be provided appropriate pretest andpost-test counseling in accordance with accepted medical standards. Inmates whodevelop AIDS or AIDS related complex are entitled to all reasonable medicaltreatment available for their illness. No inmate shall be punished, segregated,or denied recreation privileges solely on the basis of a positive test result.However, the health care services division of the department of correctionsshall, not later than September 1, 1998, adopt and put into effect reasonablerules and steps to protect the confidentiality of the HIV test results, inaccordance with § 23-6-17 and to prevent persons testing positive for HIVfrom infecting other inmates and/or correctional staff. If any person,including any member of the correctional staff at the state department ofcorrections, is assaulted or comes into contact with bodily fluid from aninmate or detainee, a department of corrections physician will incorporateaccepted medical standards and determine whether the incident places theexposed person at risk for HIV or any other blood borne disease. This mayinvolve drawing a serum sample on the source inmate or detainee in accordancewith § 23-6-14 and performing tests to determine the presence of bloodborne infections such as HIV or hepatitis virus. The physician will immediatelyinform the exposed person of the medical assessment of risk, which will takeinto account the serostatus of the source inmate or detainee, and will providefor emergency medical care, according to accepted medical standards.
(c) The department of corrections shall institute acomprehensive HIV education and drug treatment program for inmates and staff atall of its facilities. The educational program for correctional staff shall bein-service, fully reimbursable to the employee, and mandatory and shall begiven periodically in collaboration with the department of health. Thedepartment of corrections shall make easily accessible personal protectiveequipment for correctional personnel to be used in the event of administeringcardiac or respiratory resuscitation.
§ 42-56-37 Human Immunodeficiency Virus(HIV) testing. – (a) Every person who is committed to the adult correctional institutions toanswer for any criminal offense, after conviction, is required to be tested forhuman immunodeficiency virus (HIV). No consent for this test is required fromthe person being tested, nor is this test subject to waiver. In addition,periodic testing for HIV, including testing at the time of release and whendeemed appropriate by a physician, is required. No consent on the part of theperson being tested is required.
(b) All inmates shall be provided appropriate pretest andpost-test counseling in accordance with accepted medical standards. Inmates whodevelop AIDS or AIDS related complex are entitled to all reasonable medicaltreatment available for their illness. No inmate shall be punished, segregated,or denied recreation privileges solely on the basis of a positive test result.However, the health care services division of the department of correctionsshall, not later than September 1, 1998, adopt and put into effect reasonablerules and steps to protect the confidentiality of the HIV test results, inaccordance with § 23-6-17 and to prevent persons testing positive for HIVfrom infecting other inmates and/or correctional staff. If any person,including any member of the correctional staff at the state department ofcorrections, is assaulted or comes into contact with bodily fluid from aninmate or detainee, a department of corrections physician will incorporateaccepted medical standards and determine whether the incident places theexposed person at risk for HIV or any other blood borne disease. This mayinvolve drawing a serum sample on the source inmate or detainee in accordancewith § 23-6-14 and performing tests to determine the presence of bloodborne infections such as HIV or hepatitis virus. The physician will immediatelyinform the exposed person of the medical assessment of risk, which will takeinto account the serostatus of the source inmate or detainee, and will providefor emergency medical care, according to accepted medical standards.
(c) The department of corrections shall institute acomprehensive HIV education and drug treatment program for inmates and staff atall of its facilities. The educational program for correctional staff shall bein-service, fully reimbursable to the employee, and mandatory and shall begiven periodically in collaboration with the department of health. Thedepartment of corrections shall make easily accessible personal protectiveequipment for correctional personnel to be used in the event of administeringcardiac or respiratory resuscitation.
§ 42-56-37 Human Immunodeficiency Virus(HIV) testing. – (a) Every person who is committed to the adult correctional institutions toanswer for any criminal offense, after conviction, is required to be tested forhuman immunodeficiency virus (HIV). No consent for this test is required fromthe person being tested, nor is this test subject to waiver. In addition,periodic testing for HIV, including testing at the time of release and whendeemed appropriate by a physician, is required. No consent on the part of theperson being tested is required.
(b) All inmates shall be provided appropriate pretest andpost-test counseling in accordance with accepted medical standards. Inmates whodevelop AIDS or AIDS related complex are entitled to all reasonable medicaltreatment available for their illness. No inmate shall be punished, segregated,or denied recreation privileges solely on the basis of a positive test result.However, the health care services division of the department of correctionsshall, not later than September 1, 1998, adopt and put into effect reasonablerules and steps to protect the confidentiality of the HIV test results, inaccordance with § 23-6-17 and to prevent persons testing positive for HIVfrom infecting other inmates and/or correctional staff. If any person,including any member of the correctional staff at the state department ofcorrections, is assaulted or comes into contact with bodily fluid from aninmate or detainee, a department of corrections physician will incorporateaccepted medical standards and determine whether the incident places theexposed person at risk for HIV or any other blood borne disease. This mayinvolve drawing a serum sample on the source inmate or detainee in accordancewith § 23-6-14 and performing tests to determine the presence of bloodborne infections such as HIV or hepatitis virus. The physician will immediatelyinform the exposed person of the medical assessment of risk, which will takeinto account the serostatus of the source inmate or detainee, and will providefor emergency medical care, according to accepted medical standards.
(c) The department of corrections shall institute acomprehensive HIV education and drug treatment program for inmates and staff atall of its facilities. The educational program for correctional staff shall bein-service, fully reimbursable to the employee, and mandatory and shall begiven periodically in collaboration with the department of health. Thedepartment of corrections shall make easily accessible personal protectiveequipment for correctional personnel to be used in the event of administeringcardiac or respiratory resuscitation.
