Family Life/Human Sexuality and HIV/AIDS

CONFIDENTIALITY IS THE LAW!

Florida law is very specific regarding the need to keep all information regarding a student’s or staff member’s HIV status confidential. In accordance with Florida Statute 381.004, all clinical (medical/health) records dealing with HIV or AIDS must be kept confidential. All health records, notes, and other documents that reference a person’s HIV/AIDS status must be kept under lock and key. Information regarding HIV status should not be added to a student’s permanent educational or health record without written consent of the student’s natural parent(s), legal guardian(s) or the student, if 18 years of age or older.

Every employee has a duty to treat as highly confidential any knowledge or speculation concerning the HIV status of a student or other staff member. Violation of medical privacy is cause for disciplinary action and/or personal liability for a civil suit. It is the intent of the School Board of Broward County policies and procedures to maintain confidentiality when dealing with student or staff HIV/AIDS related issues in a school situation.

In addition to confidentiality issues, teachers, administrators and clerical personnel must also remember that HIV/AIDS is a protected status under the Americans with Disabilities Act (ADA). Since HIV infection is a disability, students and faculty with complications from HIV are entitled to the same considerations as other individuals with limitations.

If you have any questions regarding HIV/AIDS issues in a school situation, the Office of Prevention Programs at 754-321-2568.