CODE:GBEB/JHCE

LOGAN SCHOOL DISTRICT
HIV POSITIVE STUDENT OR SCHOOL EMPLOYEE POLICY


AUTHORITY AND PURPOSE


  1. This policy is established under authority of Utah Code Annotated 26-1-30, (2).

  2. The purpose of this policy is to establish standards relating to HIV infection in the schools in order to (a) reduce the risk to susceptible individuals and (b) protect infected individuals against both unreasonable health risks and unnecessary restrictions in activities and associations.

DEFINITIONS AS USED IN THESE RULES


  1. “Director” means the executive director of the Utah Department of Health.

  2. “Employee” means anyone employed by the Logan School District or serving as a volunteer with the permission of the school.

  3. “HIV” means human immunodeficiency virus.

  4. “HIV Infection” is defined as an indication of the presence of human immunodeficiency virus (HIV) as detected by any of the following:

    1. Presence of antibodies to HIV, verified by appropriate confirmatory tests.

    2. Presence of HIV antigen.

    3. Isolation of HIV.

    4. Demonstration of HIV proviral DNA.

  5. “Review committee” or “committee” means a group consisting of a school administrator, a representative from the local health department, the subject’s physician, the subject or, in the case of a minor, the subject’s parents or guardian. The committee is appointed and chaired by the school administrator.

  6. “School” means anything controlled by the Logan School District.

  7. “School administrator” means the person designated by the Superintendent to implement this policy.

  8. “School board” means the Logan City Board of Education.

  9. “Student” means anyone enrolled in the Logan School District.

  10. “Subject” means a person who is the focus of deliberation by a review committee.

  11. “Superintendent” means the superintendent of the Logan School District.

CONFIDENTIALITY


  1. The identities or other case details of HIV-infected subjects shall not be disclosed to any person other than the members of the review committee and the Superintendent, or as otherwise permitted by law.

  2. Any person or entity entitled to receive confidential information under this chapter other than the individual identified in the information, who violates this section by releasing or making public confidential information, is guilty of a class A misdemeanor.

ANTI-DISCRIMINATION


In the school setting, no person shall be discriminated against, or denied activities or associations, based solely upon a diagnosis of HIV infection except as permitted under this policy.

REQUIREMENTS FOR DETERMINING IF A STUDENT OR EMPLOYEE INFECTED WITH HIV SHOULD REMAIN IN THE REGULAR CLASSROOM OR JOB ASSIGNMENT


  1. Upon notification that a student or employee has been diagnosed with HIV infection, the school administrator shall convene a review committee.

  2. A student or employee infected with HIV shall continue in his regular classroom or job assignment until such time as a review committee can meet and formulate recommendations.

  3. The committee shall review all pertinent information including current findings and recommendations of the United States Public Health Service, the American Academy of Pediatrics, and the Utah Department of Health; apply that information to the subject and the nature or activities and associations in which the subject is involved with the school; and establish written findings of fact and recommendations based upon reasonable medical judgments and other information concerning the following:

    1. The nature of the risk of transmission of HIV relevant to the activities of the subject in the school setting;

    2. The probability of the risk, particularly the reasonable likelihood that HIV could be transmitted to other persons by the subject in the school setting;

    3. The nature and the probability of any health related risks to the subject;

    4. If restrictions are determined to be necessary, what accommodations could be made by the school to avoid excessive limitations on activities and associations of the subject.

  4. The review committee shall forward its findings and recommendations to the Superintendent.

  5. The school administrator will implement the recommendations without delay.

  6. The school administrator shall immediately advise the subject or, in the case of a minor, the subject’s parents or guardian in writing, of the decision of the review committee and that continued participation in the school setting may result in exposure to other communicable diseases.

  7. The school administrator shall review the committee’s decision on a regular basis and may reconvene the committee if, in his opinion, the facts of the case have changed.

LIABILITY


Responsibility for continued participation in the classroom or job assignment, despite potential personal risk, shall be left to the discretion of the subject or, in the case of a minor, the subject’s parents or guardian.

APPEAL PROCESS


  1. The Superintendent or any member of the review committee may appeal the recommendation of the committee by submitting a written appeal within ten (10) working days for employees, after receiving notice of the committee’s recommendations. If the appellant’s concerns relate to medical issues, the appeal shall be submitted to the director, and the director (or designee) may order restrictions on the school-related activities or associations of the subject or may stay implementation of the committee’s recommendations. If the concerns relate to the school’s ability to provide an accommodation, the appeal shall be directed to the school board.

  2. The appealing party shall submit copies of any appeal to the director, the Superintendent, and all other members of the review committee.

  3. The director or the school board shall review the findings and recommendations of the committee and any additional information that the director or board finds to be pertinent to the question raised in the appeal, and shall render a final decision in writing within ten (10) school days for students or ten (10) working days for employees.

  4. Copies of the decision shall be sent to the appealing party, members of the review committee, and the Superintendent.

  5. The Superintendent shall implement the decision without delay.

  6. Judicial review of any decision rendered under this section by the director or the school board may be secured by persons adversely affected thereby by filing an action for review in the appropriate court of law. Any appeal must be filed in an appropriate court of law within fifteen (15) days of receipt by the party filing the action for review.

SPECIAL PROCEDURES


  1. The Superintendent may place on leave a subject from school or school employment for a period not to exceed ten (10) school days for students or ten (10) working days for employees, prior to receiving the recommendation of a review committee if the Superintendent determines that there are emergency conditions which present a reasonable likelihood that suspension is medically necessary to protect the subject of other persons, or such other reasonable length of time.

  2. If the subject is unable to obtain the services of a physician to serve on the review committee, the local health officer may appoint a licensed physician to provide consultation.

PROCEDURES FOR HANDLING BLOOD OR BODY FLUIDS


Routine procedures for handling blood or body fluids, including sanitary napkins, regardless of whether students or employees with HIV infections are known to be present, are as listed:


Gloves

Disposable gloves should be a standard component of emergency response equipment and should be donned by all personnel prior to initiating any emergency patient care task involving exposure to blood or other body fluids to which universal precautions apply. Extra pairs should always be available. Considerations in the choice of disposable gloves should include dexterity, durability, fit, and the task being performed. Thus, there is no single type or thickness of glove appropriate for protection in all situations. For situations where large amounts of blood are likely to be encountered, it is important that gloves fit tightly at the wrist to prevent blood contamination of hands around the cuff. For multiple trauma victims, gloved should be changed between patient contact, if the emergency situation allows.

Hand Washing

Hands and other skin surfaces should be washed immediately and thoroughly if contaminated with blood, other body fluids to which universal precautions apply, or potentially contaminated articles. Hands should always be washed after gloves are removed, even if the gloves appear to be intact. Hand washing should be completed using the appropriate facilities, such as utility or restroom sinks. Waterless antiseptic hand cleanser should be provided on responding units to use when hand washing facilities are not available. When hand washing facilities are available, wash hands with warm water and soap. When hand washing facilities are not available use a waterless antiseptic hand cleanser. The manufacturer’s recommendations for the product should be followed.

Cleaning and Decontaminating Spills of Blood

All spills of blood and blood-contaminated fluids should be promptly cleaned up using an EPA-approved germicide of a 1:100 solution of household bleach in the following manner while wearing gloves. Visible material should first be removed with disposable towels or other appropriate means that will ensure against direct contact with blood. If splashing is anticipated, protective eyewear should be worn along with an impervious gown or apron which provides an effective barrier to splashes. The area should then be decontaminated with an appropriate germicide. Hands should be washed following removal of gloves. Soiled cleaning equipment should be cleaned and decontaminated or placed in an appropriate container and disposed of according to agency policy. Plastic bags should be available for removal of contaminated items from the site of the spill.

Decontamination and Laundering of Protective Clothing

Protective work clothing contaminated with blood or other body fluids to which universal precautions apply should be placed and transported in bags or containers that prevent leakage. Personnel involved in the bagging, transport, and laundering of contaminated clothing should wear gloves. Protective clothing and station and work uniforms should be washed and dried according to the manufacturer’s instructions. Boots and leather goods may be brush-scrubbed with soap and hot water to remove contamination.

Infective Waste

The selection of procedures for disposal of infected waste is determined by the relative risk of disease transmission and application of local regulations, which vary widely. In all cases, local regulations should be consulted prior to disposal procedures and followed. Infective waste, in general, should either be incinerated or should be decontaminated before disposal in a sanitary landfill. Bulk blood, suctioned fluids, excretions, and secretions may be carefully poured down a drain connected to a sanitary sewer, where permitted. Sanitary sewers may also be used to dispose of other infectious wastes capable of being ground and flushed into the sewer, where permitted. Sharp items should be placed in puncture-proof containers and other blood-contaminated items should be placed in leak-proof plastic bags for transport to an appropriate disposal location. Prior to the removal of protective equipment, personnel remaining on the scene after the patient has been cared for should carefully search for and remove contaminated materials. Debris should be disposed of as noted above.



Approved: May 5, 1992