Current through 2024-13, March 27, 2024
STANDARDS
A. Requests
for and authorization of tests for a communicable disease, including an HIV
test of a public ward, may be authorized by Division Regional staff, after
consultation with a Central Office Duly Authorized Agent: namely, the Public
Guardianship Program Manager, Division Director, or Adult Protective Services
Program Manager.
B. HIV test
results, either positive or negative, shall be kept confidential except as
outlined in the following sections of C, D, or E.
C. HIV test results may be disclosed to the
following designated Division staff:
1. the
assigned Caseworker,
2. the
assigned Caseworker's Supervisor,
3. the Regional Program Manager,
and
4. a Central Office Duly
Authorized agent.
D. The
decision to disclose HIV test results to others inside or outside of the
Division shall be made by a Central office Duly Authorized Agent Disclosure to
others may be made as follows:
1. to those
responsible for treatment of the ward, including medical and
psychiatric;
2. to those
responsible for care of the ward when the care includes nursing care;
3. to those responsible for care of the ward
if that responsibility includes twenty-four hour supervision of the ward;
and
4. to a court through testimony
when that medical information is relevant, and to the attorney representing the
Department.
E.
Confidentiality of records:
1. Division
records containing written information on any communicable disease, with the
exception of HIV infection status information, shall be kept in the medical
section of the Regional case records.
2. Written information on HIV infection
status shall be kept in a Central Office confidential medical file, which will
require a specific and separate authorization for release
3. There shall be no written information on
HIV infection status in Regional case records. Any actions taken for medical
reasons shall be documented in general in the Regional case record and shall
include a reference to further medical information in the Central Office
medical file.
4. Disclosure to
designated Division staff and to others, as outlined in section C and D, shall
be oral disclosure, only.
5. Upon
receipt of HIV status information, any person authorized to receive such
information under these rules shall sign a statement acknowledging receipt of
this information and informing them of confidentiality requirements. They may
not further disclose the test results, except to the extent authorized by law.
These statements shall be kept in the Central Office confidential medical
file.
F. The Division
will cooperate with other Department Bureaus to coordinate planning on behalf
of a public ward who has been diagnosed as infected with a communicable
disease.
