Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-18.22 - 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
				  5 M.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.