197.055 Education program on AIDS -- Policies for inmates -- Testing program.
361 words·~2 min read·
/ky/chapter-197/197-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Department of Corrections, in conjunction with the Cabinet for Health and
Family Services, shall establish a mandatory introductory and continuing education
program on human immunodeficiency virus and acquired immunodeficiency
syndrome for all inmates. Programs shall be specifically designed for inmates while
incarcerated and in preparation for release into the community. Consideration shall
be given to cultural and other relevant differences among inmates in the
development of educational materials and shall include emphasis on behavior and
attitude change. The education program shall be continuously updated to reflect the
latest medical information available.
(2)If there is evidence that an inmate, while in the custody of the department, has
engaged in behavior which places the inmate at a high risk of transmitting or
contracting a human immunodeficiency disorder, the department shall begin a
testing program which is consistent with guidelines of the Centers for Disease
Control and recommendations of the correctional medical authority and shall target
persons who have been involved in or reasonably thought to have been involved in
a high-risk behavior. For purposes of this subsection, "high-risk behavior" includes:
(a)Sexual contact with any person within the institution;
(b)The use of intravenous drugs;
(c)Tattooing; and
(d)Any other activity medically known to transmit the virus.
(3)The results of the tests shall become a part of that inmate's medical file, accessible
only to persons designated by agency administrative regulations.
(4)The department shall establish policies consistent with guidelines of the Centers for
Disease Control and recommendations of the correctional medical authority on the
housing, physical contact, dining, recreation, and exercise hours or locations for
inmates with immunodeficiency disorders as are medically indicated and consistent
with the proper operation of its facilities.
(5)The department shall report to the General Assembly by July 1 each year as to the
implementation of this program and the participation by inmates and staff.
(6)If an inmate is involved in a situation with a department employee which could
result, according to the institution's physician, in the transmission of the human
immunodeficiency virus infection, the inmate shall be tested.
(7)All testing procedures, disclosure, and payment shall be pursuant to KRS 438.250.