Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 12 - POLICY AND PROCEDURES MANUAL - JUVENILE › Subsection 201-12-13.22 - Consent to HIV Testing and Disclosure of Test Results

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in 5M.R.S.A. Section19203(7).
II.
APPLICABILITY
Adult and Juvenile Correctional Facilities
III.
POLICY
It is the policy of the Department of Corrections to
				  establish a uniform procedure for obtaining the informed consent of a prisoner
				  or resident to HIV testing, including informed consent to the disclosure of
				  test results.
IV.
CONTENTS
Procedure A: Consent to HIV Testing and Disclosure of Test
				  Results, General Guidelines
V.
ATTACHMENTS
Attachment A: Consent to Test for HIV
Attachment B: Authorization for the Disclosure of Information
				  Acquired by Virtue of HIV
Testing (AIDS Testing) by the Department of
				  Corrections
VI.
PROCEDURES
Procedure A: Consent to HIV Testing and Disclosure of
				  Test Results, General Guidelines
1. A prisoner or resident may make a request of a health care
				  staff person or other staff person to be tested for HIV. If a prisoner or
				  resident makes a request of a staff person other than a health care staff
				  person to be tested for HIV, the prisoner or resident shall be referred to
				  facility health care staff.
2. Health care staff shall follow the requirements of
				  Department Policies 18.8.1, Infection Control, Bloodborne Pathogens (Adult) and
				  13.8.1, Infection Control, Bloodborne Pathogens (Juvenile), relating to HIV
				  testing.
3. The prisoner or resident shall be informed that the test
				  result will be treated as confidential information except that the result may
				  be disclosed as follows:
a. To the prisoner or resident tested;
b. To the health care staff at the facility where the
				  prisoner or resident is housed or one to which he/she may be transferred in the
				  future;
c. To the Chief Administrative Officer of the facility where
				  the prisoner or resident is housed or one to which he/she may be transferred in
				  the future;
d. To the Commissioner of Corrections;
e. To any other staff of the Department of Corrections
				  responsible for the treatment or care of the resident or prisoner, excluding
				  Community Corrections staff, and who is authorized to have such information by
				  the Commissioner of Corrections and/or the Chief Administrative Officer of the
				  facility. Such treatment or care may include, but is not limited to, treatment
				  or care which may be provided by teachers, social workers, correctional
				  officers, psychologists, and counselors; and
f. To the Bureau of Health of the Department of Health and
				  Human Services, if the test result is positive.
4. Prior to testing, health care staff shall have the
				  prisoner or resident sign the Consent to Test for HIV form. Attachment A
5. When the test result has been returned to health care
				  staff, a qualified health care staff person shall inform the prisoner or
				  resident of the test result as soon as is reasonable under the circumstances.
				  Health care staff shall also inform the Chief Administrative Officer, or
				  designee, of the test result.
6. The Chief Administrative Officer, or designee, shall
				  ensure that any facility staff members who are permitted to know the test
				  result are informed of the name of the prisoner or resident and the test
				  result, as determined necessary by the Chief Administrative Officer, or
				  designee.
7. The Chief Administrative Officer, or designee, shall
				  ensure that the Commissioner of Corrections, or designee, is informed of any
				  HIV positive test result. The Commissioner, or designee, shall report any
				  positive test result to the Bureau of Health.
8. When a prisoner or resident is transferred from one
				  departmental facility to another departmental facility, to a county jail, or to
				  another jurisdiction's detention or correctional facility, the health care
				  records being transferred shall include the results from any HIV
				  testing.
9. Except as set out in 8. above, health care records being
				  forwarded to Community Corrections staff or to another person or agency shall
				  not include the results from any HIV testing, unless the prisoner or resident
				  has signed an Authorization for the Disclosure of Information Acquired by
				  Virtue of HIV Testing (AIDS Testing) by the Department of Corrections form.
				  Attachment B
10. The results of any HIV testing shall not otherwise be
				  disclosed to Community Corrections staff or to any other person or agency,
				  unless the prisoner or resident has signed an Authorization for the Disclosure
				  of Information Acquired by Virtue of HIV Testing (AIDS Testing) by the
				  Department of Corrections form.
11. Any person to whom an HIV test result is disclosed shall
				  be expressly informed that any further disclosure to another person or agency
				  is prohibited by Departmental policy and also may be a violation of law. That
				  person shall be informed that indirect disclosure to another person is
				  prohibited, such as by way of actions which imply that the person tested is to
				  be avoided. Disciplinary action shall be taken against a departmental employee
				  for any prohibited disclosure. Other action, including, but not limited to,
				  notification to a licensing board, may be taken.
VII.
PROFESSIONAL
				STANDARDS