Note: For the definition of individuals with disabilities and related terms and concepts addressed in this policy, see DAA(LEGAL).

Pre-Employment Examination and Inquiries

Examination and Inquiries of Employee





  1. The medical procedure or test is necessary:
    1. As a bona fide occupational qualification, and there is not a less discriminatory means of satisfying the occupational qualification. "Bona fide occupational qualification" means a qualification that is reasonably related to the satisfactory performance of the duties of the job and for which there is reasonable cause to believe that a person of the excluded group would be unable to perform satisfactorily the duties of the job with safety.
    2. In relation to a particular person under Health and Safety Code Chapter 81.
    3. To manage accidental exposure to blood or other bodily fluids, but only if the test is conducted under written infectious disease control protocols adopted by a health- care facility. The protocols must clearly establish procedural guidelines with criteria for testing that respect the rights of the person with the infection and the person who may be exposed to that infection. The protocols may not require the person who may have been exposed to be tested and must ensure the confidentiality of the person with the infection in accordance with Health and Safety Code Chapter 81.
  2. A medical procedure is to be performed on the person that could expose health-care personnel to AIDS or HIV infection, according to Texas Department of State Health Services' (DSHS) guidelines defining the conditions that constitute possible exposure to AIDS or HIV infection, and there is sufficient time to receive the test result before the procedure is conducted.

Confidentiality of AIDS Testing

  1. DSHS.
  2. A local health authority if reporting is required under Health and Safety Code Chapter 81.
  3. The Centers for Disease Control and Prevention of the United States Public Health Service if reporting is required by federal law or regulation.
  4. The physician or other person authorized by law who ordered the test.
  5. A physician, nurse, or other health-care personnel who have a legitimate need to know the test result in order to provide for their protection and to provide for the patient's health and welfare.
  6. The person tested or a person legally authorized to consent to the test on the person's behalf.
  7. The spouse of the person tested if the person tests positive for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS.
  8. A person authorized to receive the test results under Code of Criminal Procedure 21.31 (regarding testing of persons indicted for or who waive indictment for certain crimes), concerning a person who is tested as required or authorized under that article.
  9. A person exposed to HIV infection as provided by Health and Safety Code, Section 81.050.
  10. A county or district court to comply with Health and Safety Code Chapter 81 or rules relating to the control and treatment of communicable diseases and health conditions.
  11. A designated infection control officer of an affected emergency response employee or volunteer.

HIV Education

HIV / AIDS Workplace Guidelines

Bloodborne Pathogen Control


"Bloodborne Pathogens"


Minimum Standards

Note: Copies of the exposure control plan are available on the DSHS website and at the DSHS regional offices.

DSHS-Ordered Tests

Cost of Reportable Disease Testing After Accidental Exposure

Genetic Information

Designated Infection Control Officer

  1. Receive notification of a potential exposure to a reportable disease from a health-care facility;
  2. Notify the appropriate health-care providers of a potential exposure to a reportable disease;
  3. Act as a liaison between the entity's emergency response employees or volunteers who may have been exposed to a reportable disease during the course and scope of employment or service as a volunteer and the destination hospital of the patient who was the source of the potential exposure;
  4. Investigate and evaluate an exposure incident, using current evidence-based information on the possible risks of communicable disease presented by the exposure incident; and
  5. Monitor all follow-up treatment provided to the affected emergency response employee or volunteer, in accordance with applicable federal, state, and local law.

Midland College



DATE ISSUED: 12/1/2017