The Florida Senate

945.35  Requirement for education on human immunodeficiency virus and acquired immune deficiency syndrome.--

(1)  The Department of Corrections, in conjunction with the ¹Department of Health and Rehabilitative Services, shall establish a mandatory introductory and continuing education program on human immunodeficiency virus and acquired immune deficiency 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)  The Department of Corrections, in conjunction with the ¹Department of Health and Rehabilitative Services, shall establish a mandatory education program on human immunodeficiency virus and acquired immune deficiency syndrome with an emphasis on appropriate behavior and attitude change to be offered on an annual basis to all staff in correctional facilities, including new staff.

(3)  When 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 may begin a testing program which is consistent with guidelines of the Centers for Disease Control and Prevention and recommendations of the Correctional Medical Authority. For purposes of this subsection, "high-risk behavior" includes:

(a)  Sexual contact with any person.

(b)  An altercation involving exposure to body fluids.

(c)  The use of intravenous drugs.

(d)  Tattooing.

(e)  Any other activity medically known to transmit the virus.

(4)  The results of such tests shall become a part of that inmate's medical file, accessible only to persons designated by agency rule.

(5)  The department shall establish policies consistent with guidelines of the Centers for Disease Control and Prevention 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.

(6)  The department shall report to the Legislature by March 1 each year as to the implementation of this program and the participation by inmates and staff.

History.--s. 12, ch. 88-380; s. 20, ch. 97-93.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.