Human Immunodeficiency Virus (HIV) is the virus that causes AIDS, or Acquired Immunodeficiency Syndrome. HIV harms the body’s immune system by attacking certain cells, known as helper T cells or CD4 cells, which defend the body against illness.

HIV isn’t spread through daily contact (like shaking hands or coughing). What are the ways that people may become infected with HIV? How do people find out if they are HIV positive?

By engaging in unprotected oral, anal, or vaginal sex with a person who is infected with HIV.

By sharing drug needles or syringes with a person who is infected with HIV.

If you are pregnant and have HIV, you can pass the virus to your baby. Babies can become infected during pregnancy, childbirth, or breast-feeding.

They find out if they are infected by getting tested.

If someone is HIV positive or has AIDS, what can be done to prevent it from spreading it to others?

• Abstain from sex or delay first sex
• Be faithful to one partner or have fewer partners
• Use male condoms or female condoms consistently and correctly
• Take all medications regularly to reduce symptoms as much as possible
• Make sure you are open and honest with your partner about your HIV status before engaging in any sexual activity

Usually, there is no basis for a teacher to be told. The private medical fact of HIV status is confidential. The parents/legal guardian of a child control who can learn of the health status of that child and it is their decision if anyone should know.

WHAT TESTING AND UNIVERSAL PRECAUTIONS ISSUES ARISE?

Everyone must use the Occupational Safety and Health Administration (OSHA) universal precautions when dealing with body fluids. The exposure may leave a question of the possibility of transmission of HIV or a more easily transmitted illness like Hepatitis B. To know one’s HIV status, HIV antibody tests would have to be performed.

ABOUT ANOTHER STUDENT, WHAT RESPONSE MAY THE TEACHER GIVE?

HIV related medical facts about students are always strictly confidential by school board policy. There is no need for others to know any information, except for special circumstances (public health threat) and court orders. Teachers should simply say that all medical information is confidential.

WHAT SHOULD SCHOOL PERSONNEL BE ABLE TO TELL THEM ABOUT THEIR RIGHTS TO TESTING OR MEDICAL CARE?

A minor (under 18 years old) has the right to get testing for HIV infection and receive treatment for HIV/AIDS without parents being involved. The same is true for other sexually transmitted diseases. Consultation, treatment or examinations are matters that the parent or guardian of a minor is not to be told about unless the minor agrees. Minors are encouraged to communicate with their parents.

WHAT CAN A TEACHER OR SCHOOL DO, FROM A LEGAL LIABILITY STANDPOINT, TO ADDRESS THE ISSUE?

Although there was a recent case where an HIV positive woman with bleeding gums very severely bit a senior citizen and apparently transmitted the virus to him, the mode of transmission was through blood, not saliva. Even though blood-to-blood transmission of HIV is recognized as a mode of transmission, the risk of infection through biting is remote. The idea is that blood from one person would need to enter the blood system of the other in order for possible transmission of HIV during a biting incident. Schools should implement the following procedures for human bites.

WHAT CAN A TEACHER OR SCHOOL DO, FROM A LEGAL LIABILITY STANDPOINT, TO ADDRESS THE ISSUE? continued

1.Wounds caused by human bits, especially if they deeply penetrate the skin, are extremely dangerous because of the bacteria present in the human mouth.

2. Call 9-1-1.

3. Use Universal Precautions and wear latex gloves to allow a freely-bleeding wound to do so for about three to four seconds, then immediately cleanse the wound under running water.

Wash with mild soap, using cotton balls or gauze, and rinse several times with water. Pat the wound dry with clean gauze and apply a sterile dressing.

4. All human bites that break the skin need urgent treatment by a health care provider. The bitten individual should be immediately referred to their private health care provider or to the nearest hospital emergency room to determine if tetanus immunization or other special treatment is necessary.

5. Notify parents. Complete an accident report for the students. If the bitten person is a staff member, complete a Workers Compensation Notice of Injury Form and contact Risk Management and Safety.

Yes. HIV is a protected status under the Americans With Disabilities Act. Since HIV infection is a disability, rights are for reasonable accommodation to public facilities, to most jobs, to most housing and to public education. School systems have policies to handle the special needs of a disabled student or employee. Students with complications from HIV are entitled to the same considerations as other students with limitations. Admission criteria must not have the effect (or intent) of discrimination. All educational programs and activities are included.

One must assume that everyone has the potential for being infected with some disease and everyone should use universal precautions. Proper hygienic and infection control procedures should be routinely followed in all instances of handling blood or other body fluids. All

schools should maintain paper towels and hand soap in all bathroom facilities. Teachers should stress the need for frequent washing of hands, especially after use of the bathroom facilities and before eating. School personnel should take every opportunity to be given updated

and accurate information on AIDS, hepatitis and blood borne pathogens. The Occupational Safety and Health Administration (OSHA), of the Federal Government requires that all employees participate in an annual update on universal precautions procedures. Please contact Health Education Services, to arrange for this training.

SYSTEM ABOUT THEIR HEALTH STATUS?

No. Most attorneys advise the status of employees generally be kept from the employer and all others without a need to know. If however, the employee has health problems that require

accommodation, such as, time off for doctor visits, reduced hours or less stressful tasks, and the employer is reasonably able to allow the changes, the employee is not to lose their job. It is then better for the employee to notify the personnel department, and show medical proof of the need for accommodation. If notification is not made, the employee could be terminated due to poor performance or unexcused absences. The employee should pick the proper timing for disclosure

with care and may even want to secure legal advise about his/her decision.

Florida Statute 233.067 requires that secondary schools include the teaching of Sexually Transmitted Disease (STD) prevention, including HIV/AIDS as part of comprehensive health education.

Social security for disabled persons (including children) or their dependents may provide income to a household where a parent or child is HIV infected. Medicaid waivers may be available to help with costs of care. Contact local social security offices or Broward County Health Department or the Broward County Department of Children and Families Medicaid offices for information.