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HIV AIDS Resource Guide
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1993-01-14
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/* The ALASKA ADMINISTRATIVE CODE addresses the issues of pupils
and school personnel who are HIV positive; educational programs;
and communicable disease control. Any Alaska Statutes cited as
authority for these administrative codes are not relevant to the
HIV issue; the statutes in these cases consist of "elastic
clauses," giving various departments the authority to address any
matters affecting their operation. */
CHAPTER 4. EDUCATION
4 AAC 06.060. SUSPENSION OR DENIAL OF ADMISSION. (a) In a public
school, the superintendent or principal may suspend a pupil under
the provisions of AS 14.30.045, and the pupils may be reinstated
by the superintendent or principal or by the school board. A
child who is diagnosed as having the disease known as acquired
immune deficiency syndrome (AIDS) or AIDS-related Complex (ARC)
or who is infected with the AIDS-producing virus, does not have a
condition "which will cause the attendance of the child to be
inimicable of the welfare of other pupils," within the meaning of
AS 14.30.045(4), unless, in addition, the child has uncoverable
oozing lesions or other symptoms, or displays behavior, such as
biting, which in the opinion of a team made up of the child's
physician, public health personnel, the child's parent or
guardian, and school personnel associated with the child's
educational placement, substantially increases the risk of
transmission of the AIDS virus to other pupils.
(b) Expulsion or denial of admission of a pupil shall be only
upon the action of the governing school board in a district
school.
(c) A pupil suspended or expelled under this section may appeal
to the district board (In effect before 7/28/59; am 9/24/65
Register 20; am 9/6/66, Register 24; am 1/9/68, Register 26; am
5/10/78, Register 66; am 12/13/87, Register 104)
Authority: AS 14.07.060
AS 14.30045
4 AAC 06.140. AIDS IN SCHOOL PERSONNEL. No employee of a public
school district may be transferred, suspended, or terminated from
employment because the employee has the disease known as acquired
immune deficiency syndrome (AIDS) or AIDS-related Complex (ARC)
or is infected with the AIDS-producing virus, unless, in
addition, the employee's condition prevents the employee from com
petently performing the employee's duties or the employee has
uncoverable oozing lesions or other symptoms which, in the
opinion of competent medical personnel, substantially increases
the risk of transmission of the AIDS virus to students or others
with whom the employee has regular contact. (Eff. 12/1,3/87,
Register 104)
Authority: AS 14.07.020
4 AAC 06.150. CONFIDENTIALITY OF AIDS INFORMATION. A school
district, and a school district employee, having information that
a student or employee of the district has acquired immune
deficiency syndrome (AIDS) or AIDS-related Complex (ARC), or is
infected with the AIDS-producing virus, shall keep that
information confidential except from public health officials and
district personnel who need the information in order to make
informed decisions under 4 AAC 06.060(a), 4 AAC 06.140, and AS
14.30.185 - 14.30.350. (Eff. 5/8/88, Register 106)
CHAPTER 27. PREVENTIVE MEDICAL SERVICES
Article 1. Control of Diseases of Public Health Significance
7 AAC 27.005. REPORTING BY HEALTH CARE PROVIDERS. (a) The
following common diseases of public health significance must be
reported by the physician, nurse, or other health care
professional who prescribes for or attends a person with these
diseases or suspected diseases: amebiasis. botulism. brucellosis,
campylobacter, diphtheria, giardia, gonorrhea, hepatitis (type A
or B, or non A - non B), legionnaire's disease, meningitis,
mumps, paralytic shellfish poisoning, pertussis, psittacosis,
Reye's Syndrome, rheumatic fever rubella, rubeola, salmonella,
shigella, syphilis, trichinosis, tuberculosis, tularemia,
typhoid, yersinia, severe reactions to any vaccination, and
epidemic outbreaks or unusual incidences of communicable disease.
(b) The following rare diseases of public health significance
must be reported by the physician, nurse, or other health care
professional who prescribes for or attends a person with these
diseases or suspected diseases; acquired immune deficiency
syndrome (AIDS), cholera, echinococcus, encephalitis, leprosy,
malaria, poliomyelitis, plague, rabies, smallpox, tetanus, and
yellow fever.
(c) Reports must be submitted to the Department of Health and
Social Services, division of public health, orally or on a form
provided by the division of public health promptly after first
discovering or suspecting the existence of the disease or disease
outbreak. Each report must give the name, address, age, sex, and
race of the person diagnosed as having the reported disease, and
the name and address of the health care provider reporting the
disease.
(d) Outbreaks or unusual incidences of diseases which are known
or suspected to be related to exposure to environmental toxic or
hazardous material must be reported by the physician, nurse, or
other health care professional who prescribes for or attends
those affected. (Eff. 8/21/74, Register 51; am 9/20/75, Register
55; am 3/28/84, Register 89)
Authority: AS 18.05.040(1)
7 AAC 27.010. CONTROL OF COMMUNICABLE DISEASES IN MAN. (a) The
provision on methods of control of communicable diseases outlined
in the Control of Communicable Diseases in Man, American Public
Health Association, Thirteenth Edition, 1981, are adopted by
reference as the regulations governing "Preventive Measures,"
"Control of Patients, Contacts and the Immediate Environment,"
and "Epidemic Measures."
(b) The provisions of (a) of this section are not applicable to
the control of rabies in animals or on the reporting of diseases
of public health significance. (Eff. 6/10/62, Register 6; am
8/21/74, Register 51; am 3/28/84, Register 89)
Authority: AS 18.05.040(1)
7 AAC 27.016. RIGHT OF INSPECTION. The division of public health
may have access to any establishment and records of any
establishment in the discharge of its official duties in
accordance with law (Eff. 3/28/84, Register 89)
Authority: AS 18.05.040