C.M.R. 14, 191, ch. 4
The Department shall only disclose HIV test results without the consent of the person tested if authorized pursuant to Title 5 MRSA, section19203 or in accordance with the standards outlined below.
DEFINITIONS
"Person" means a patient, client or resident in the custodial care of the Department of Mental Health and Mental Retardation or, where applicable, the guardian, legally responsible parent or other legally authorized agent of such person.
"State institution" means an institution operated by the Department of Mental Health and Mental Retardation as that term is defined in 34-B MRSA section1001(8) or a facility operated by the Department of Corrections as that term is defined in 34-A MRSA section1001(6).
"Residential programs" include, without limitation, a boarding care facility for adults as that term is defined in 22 MRSA section7901-A(3) and a children's home as defined in 22 MRSA section8101(1).
STATE INSTITUTIONS
HIV test results nay be disclosed, without the informed consent of the person tested, to the director or equivalent of a state institution.
The director or equivalent of a state institution operated by the Department of Mental Health and Mental Retardation shall be responsible for further disclosure of test results to direct care or administrative staff, on a need-to-know basis, for purposes of furthering the treatment of the person tested. Such institutions shall be responsible for establishment of a policy that will inform staff concerning their obligations around confidentiality of HIV test results and concerning the nature of HIV infection and the AIDS disease.
RESIDENTIAL PROGRAMS
HIV test results may be disclosed by a state institution operated by the Department of Mental Health and Mental Retardation, without the informed consent of the person tested, to the director or equivalent of a residential program where the person is or will be a resident.
The director or equivalent of a program licensed or funded by the Department that employs staff shall be responsible for further disclosure of test results to direct care staff of that program, on a need-to-know basis, for purposes of furthering the treatment of the person tested.
Residential programs licensed or funded by the Department that employ staff shall be responsible for establishment of a policy that will inform staff concerning their obligations around confidentiality of HIV test results and concerning the nature of HIV infection and the AIDS disease.
AIDS EDUCATION
The Department shall make available to all state institutions and to all residential programs licensed or funded by the Department, education on HIV infection, the AIDS disease and the law regarding confidentiality of HIV test results. Such Institutions and residential programs shall provide training and education on a regular basis to all administrators, medical and direct care staff who will have access to HIV test result Information.
FURTHER DISCLOSURE
Parties authorized to receive HIV test results pursuant to this policy shall not further disclose test results without the consent of the person tested, except as outlined above.
These rules are promulgated pursuant to 5 MRSA, Section19203(7).
C.M.R. 14, 191, ch. 4
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 15, 1996