Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 4 - RULES REGARDING DISCLOSURE OF HIV TEST RESULTS TO PERSONS RESPONSIBLE FOR THE TREATMENT OR CARE OF PERSONS TESTED

Current through 2024-29, July 17, 2024
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).