BCCO PCT #4 PowerPoint AND HIV/AIDS & Viral Hepatitis In the Criminal Justice Profession TCOLE Course # 3804 FIVE Texas Commission On Law Enforcement and Texas Department of State Health Services

Unit Five 5.0 Learning Objective: The student will be able to list and briefly describe the State and Local laws that govern the communicable diseases identified in this curriculum.

Learning Objective 5.0 Learning Objective 5.0 : The participant will be able to list and briefly describe the Federal and State laws that govern the communicable diseases identified in this curriculum. Learning Objective 5.1 Learning Objective 5.1 :The participant will be able to describe provisions of the federal law American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation Learning Objectives

Learning Objective 5.2 Learning Objective 5.2 :The participant will be able to list and briefly describe the State Laws that govern the communicable diseases identified in this curriculum. Learning Objective 5.3 Learning Objective 5.3 :The participant will be able to briefly describe the prison population study and testing requirements as it relates to the State of Texas. Learning Objectives

Learning Objective Learning Objective: The participant will be able to describe provisions of the federal law American Disability Act of 1990 and the Federal Rehabilitation Act of 1973.

5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation A. American Disability Act 1990 A. American Disability Act 1990: 1. 1.In June of 1998, the high court stated that people infected with HIV/AIDS were entitled to _______________ under Americans with Disabilities Act, regardless if they were asymptomatic.

A. American Disability Act 1990 A. American Disability Act 1990: Employers must make reasonable ________________ for the infected person. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

A. American Disability Act 1990 A. American Disability Act 1990: When criminal justice professionals learn about an individual’s ____ status through self-disclosure or other means, they must realize that if an individual exhibits no behavior for isolation, that the detention, booking 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

A. American Disability Act 1990 A. American Disability Act 1990: Cont’d: and processing policies within their agency dictates how these individuals must be handled; HIV is no ______________. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

A. American Disability Act 1990 A. American Disability Act 1990: 4. discriminatory 4. Some criminal justice professionals practice ____________ enforcement because of someone’s known HIV status, which is discriminatory. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

A. American Disability Act 1990 A. American Disability Act 1990: 5. high-risk 5. Some peace officers also refuses to provide lifesaving _____ ___ based on their opinion that the individual belongs to a high-risk group. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

B. Federal Rehabilitation Act of 1973 B. Federal Rehabilitation Act of 1973: Applies to employers and organizations which receive federal financial assistance from any Federal department or agency, including the DHHS. The DHHS Section 504 regulation can be found at 45 CFR Part American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

B. Federal Rehabilitation Act of 1973 B. Federal Rehabilitation Act of 1973: If a person with ____ infection has been terminated from their jobs, denied access to social services, or denied medical treatment solely because of their handicap. Individuals have been similarly treated because they have been perceived as having 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

B. Federal Rehabilitation Act of 1973 B. Federal Rehabilitation Act of 1973: – Cont’d: HIV infection. Such actions by an agency, institution, hospital, nursing home, drug treatment center, clinic, organization or other entity receiving Federal funds may constitute unlawful ______________ under Section American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : The employer shall make available the at no cost to the employee hepatitis B vaccine and vaccination series to all employees at _______, who have been exposed, and post exposure evaluation and follow-up to all employees who have had an exposure incident. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : Hepatitis B vaccination shall be made available after the employee has received training required in para (g)(92)(vii)(I) and within ___ working days of initial assignment of all employees who have occupational exposure unless the employee has received the complete hepatitis 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : 2.Cont’d: 2. – Cont’d: vaccination series and antibody testing has revealed that the employee is ________ or the vaccine is contraindicated for medical reasons. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : The employer shall not make participation in a prescreening program a _______________ for receiving hepatitis B vaccination 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : If an employee initially ________ hepatitis B vaccination but at a later date while still covered under the standards decides to accept vaccination, the employer shall make available hepatitis B vaccination at that time. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : The employer shall assure that employees who decline to accept hepatitis B vaccination offered by the employer sign the ______________ in Appendix A of 29CFR American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : 6. written Exposure Control 6. Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this law shall establish a written Exposure Control _____ designed to eliminate or minimize employee exposure. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : Employers shall ensure that a copy of the Exposure Control Plan is accessible to ________________ in accordance with 29CFR American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : Exposure plan shall be reviewed and updated at least __________ and when ever necessary to reflect new or modified tasks and procedures. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973,and 29 Code Federal Regulation – Cont’d

C. OSHA 29CFR : When there is occupational exposure, the employer shall provide, at no cost to the employee, appropriate personal _____________ equipment such as gloves, gown, lab coats, face shields (masks) and eye protection, mouth pieces, resuscitation bags, etc. 5.1 American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation – Cont’d

LEARNING OBJECTIVE 5.2 Learning Objective: The student will be able to list and briefly describe the State Laws that govern the communicable diseases identified in this curriculum.

5.2 State Laws that govern the communicable diseases A. A. Texas Health and Safety Code, Chapter 81- Subchapter A Prevention, Control and Reports of Diseases

B. 46A B. C ode of C riminal P rocedure, ___________ 46A - AIDS and HIV Testing in County and Municipal Jails C. C. G overnment C ode, Chapter Subchapter A - Inmate Welfare 5.2 State Laws that govern the communicable diseases

D.GC D. G overnment C ode, Chapter 507- Subchapter A State Jail Felony Facilities E.GC E. G overnment C ode, Chapter State Laws that govern the communicable diseases

Texas Health and Safety Code, Chapter 81- Subchapter A –Prevention, Control and Reports of Diseases Code of Criminal Procedure, Chapter 46A –AIDS and HIV Testing in County and Municipal Jails Government Code, Chapter 507- Subchapter A –Inmate Welfare Government Code, Chapter 507- Subchapter A –State Jail Felony Facilities Government Code, Chapter 607 –Benefits Relating to Certain Contagious Diseases State Laws & Legal Issues Review

LEARNING OBJECTIVE 5.3 Learning Objective: The student will be able to briefly describe the prison population study and testing requirements as it relates to the State of Texas.

5.3 Testing requirements as it relates to the State of Texas. A. Prison Studies 1. Texas % % 1. Studies of prison populations in California, Virginia, Connecticut, Maryland, and Texas has found evidence of HCV infection in ___ % - ___ % of inmates, and national figures for HCV infection among incarcerated

A. Prison Studies – Cont’d: populations estimate that 15%-30% of inmates across the country may be _____ positive. 5.3 Testing requirements as it relates to the State of Texas.

A. Prison Studies Injection drug use is the primary transmission route for HCV. High-risk sexual behaviors (such as unprotected sex with multiple partners) and injection drug use are the major transmission _________ for _____. 5.3 Testing requirements as it relates to the State of Texas.

A. Prison Studies 2. % 2. Substantial majority of prisons and jail inmates – as much as ____ % – have serious drug problems, including injection drug use. 5.3 Testing requirements as it relates to the State of Texas.

A. Prison Studies Currently, there are no specific federal ______________ that exist for screening or treating inmates who may be at risk or who are already infected with HBV and HCV, although such guidelines are currently being developed 5.3 Testing requirements as it relates to the State of Texas.

A. Prison Studies – Cont’d: for facilities with assistance in developing and implementing policies for routine screening, immunization, and medical evaluation and management. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison Across The Nation the Texas Attorney General Gregg Abbott Rules that State Law __________ prison officials to mandate HIV Testing among State Prisoners. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison 2.,____ are HIV-positive 2. July 2006 statistics show that out of 154,000 prisoners in Texas, _,____ are HIV-positive 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison The state prison system in August 2006 had proposed a change to its HIV testing policy from saying new inmates "should be tested" upon entering prison to saying they “______ be tested" unless they opt out of testing. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison In Feb 05, 2007, Houston Chronicle reported that Texas Attorney General Greg Abbott (R) ruled that state law permits the Texas Board of Criminal Justice to mandate HIV testing among inmates upon entry to state prisons, the Houston Chronicle reports. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison Sponsored legislation was approved last year that ___________ inmates to be tested for HIV before departing prison. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison 6.80% 6. About 80% of inmates have agreed to take an HIV test upon entering prison since the state began its testing program, and prison system statistics show more than 38,700 inmates received HIV tests in Of those, _____ tested HIV-positive. 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison 7. negative 7. Texas law mandates that HIV test results are __________ and that HIV- positive inmates are ____ separated from HIV-negative inmates Advocates for mandatory HIV testing upon entry into the prison 5.3 Testing requirements as it relates to the State of Texas.

B. B. HIV/AIDs Testing in Texas Prison 8. – Cont’d: 8. – Cont’d: system say __________ testing would help prison officials properly treat HIV- positive people. HIV-positive in prison They say it would provide more accurate data on the ________ of the disease and it could help officials estimate how many people are becoming HIV-positive in prison. 5.3 Testing requirements as it relates to the State of Texas.

State of Texas Statistics Statistical Information On HIV/AIDS Calendar Year Average Offender Population # Tests# PositiveHIV PopulationAIDS Population ,38625, , ,72929, , ,92449, , ,47455, , ,02157, , ,90051, , ,09756, ,85064, ,12067, ,64770,

Additional Training Videos Texas Associations of Counties (Members Only) –Blood-borne Pathogens For Corrections –Silent War 1- Infection Control For Law Enforcement: Understanding Contagious Diseases –Silent War 2-Infection Control For Law Enforcement: Reducing Your Risk –Silent War 3-Infection Control For Law Enforcement: Post-Incident Procedures Texas Municipal League (Members Only) –Blood-Borne Pathogens Backup: Force Continuum

Questions?

49 DEFINE & PROCESS Process: Define 5.1: Federal Rehabilitation Act Define 5.1: Describe provisions of the federal law American Disability Act of 1990, Federal Rehabilitation Act of 973, and 29 Code Federal Regulation

50 DEFINE & PROCESS Process: Define 5.2: Define 5.2: List and briefly describe theState Laws that govern the communicable diseases identified in this curriculum

51 DEFINE & PROCESS Process: Define 5.3: Define 5.3: Describe the prison population study and testing requirements as it relates to the State of Texas

SOURCES All Course Sources and/or Resources are listed in your Participant Handout HIV-AIDS & Viral Hepatitis in CJ Profession TCOLE Course # 3271 Bexar County Constable Office PCT#4

“Knowledge is “POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive”

UPCOMING TRAINING Current TRAINING Schedule of Courses offered by Bexar County Constable’s Office PCT#4 Racial Profiling Course – TCOLE Course #3256 (4-hrs) 4hrs on Saturday October 4 th, 2014 from 10:30 am to 7:30 pm. Racial Profiling Course – TCOLE Course #3256 (4-hrs) on Friday October 10, 2014 from 8:00 am to 5:00 pm. 54 Bexar County Constable’s Office PCT#4 TRAINING SCHEDULE 2014

Eye Witness Evidence Course – TCOLE Course # 3286 (4-hrs) Saturday October 11, 2014 from 10:30 am to 2:30 pm Eye Witness Evidence Course – TCOLE Course # 3286 (4-hrs) Sunday October 12 th, 2014 from 11:00 am to 3:00 pm. Eye Witness Evidence Course – TCOLE Course # 3286 (4-hrs) Friday October 17 th, 2014 from 1:00 pm to 5:00 pm.

56 Advanced TCOLE Instructor Course – TCOLE #1017 (40hrs), Day One Saturday November 1 st,2014 from 11:00 am to 6:00 pm (Deputy Chief George D. Little and Deputy Constable Roland Berg) Day Two Advanced TCOLE Instructor Course – TCOLE #1017, Day Two Sunday November 2 nd,2014 from 11:00 am to 6:00 pm (Deputy Chief George D. Little and Deputy Constable Roland Berg) Day Three Advanced TCOLE Instructor Course – TCOLE #1017, Day Three Friday November 7 th,2014 from 9:00 am to 6:00 pm (Deputy Chief George D. Little and Deputy Constable Roland Berg ) Lesson Presentation preparation time. Instructors available Day Four Advanced TCOLE Instructor Course – TCOLE #1017, Day Four Saturday November 8 th,2014 from 11:00 am to 6:00 pm (Deputy Chief George D. Little and Deputy Constable Roland Berg)

57 Day Five Advanced TCOLE Instructor Course – TCOLE #1017, Day Five & Grad Sunday November 9 th, 2014 from 11:00 am to 6:00 pm – Presentations, Final Test & Graduation (Deputy Chief G. D. Little and Dep. Constable R. Berg ) HIV-AIDS & Viral Hepatitis in Criminal Justice Profession Course – TCOLE # 3804 (8-hrs) 8-hrs on Saturday November 15 th, 2014 from 10:00 am to 6:00 pm. HIV-AIDS & Viral Hepatitis in Criminal Justice Profession Course – TCOLE # 3804 (8-hrs) 4-hrs on Thursday December 4th, 2014 from 1:00 am to 5:00 pm HIV-AIDS & Viral Hepatitis in Criminal Justice Profession Course – TCOLE # 3804 (8-hrs) 4-hrs on Friday December5th, 2014 from 1:00 am to 5:00 pm KNOWLEDGE IS POWER

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