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
Universal Citation: 03 ME Code Rules ยง 201-10-18.22
Current through 2024-38, September 18, 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.
VII. PROFESSIONAL STANDARDS
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