Code of Maine Rules
12 - DEPARTMENT OF LABOR
150 - BLIND AND VISUALLY IMPAIRED DIVISION
Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED
Section 150-101-2 - CONFIDENTIALITY
Current through 2024-13, March 27, 2024
1. Informed Written Consent
All client/applicant information acquired by the VR program shall remain the property of DBVI and shall only be used and released for purposes directly connected with the administration of the VR program. Use and release of personal information acquired by DBVI VR shall conform with applicable state and federal regulations, including complying with performance accountability requirements under the Act, to include 29 U.S.C. § 726.
For purposes of this policy, informed written consent shall:
2. Release to Individual with Visual Impairment or His/Her Representative
Upon informed written consent by the individual or his/her representative, all information in the case record shall be made available in a timely manner, except:
3. Release to Other Programs
Upon informed written consent of the individual with visual impairment or his/her representative, DBVI may release to another agency or organization information that may be released to the individual but only to the extent that the other agency demonstrates that the information is necessary for its program.
4. Release for Audit, Evaluation or Research
At the discretion of the Division Director, personal information may be released to an organization, agency, or individual engaged in audit, evaluation or research only for purposes directly connected with the administration of the DBVI VR program, or for purposes which would significantly improve the quality of life for individuals with visual impairment, and only if the organization, agency or individual assures that:
5. Subpoena for Release of Records or For Testimony
An employee shall not testify in court or in an administrative hearing, nor release records without the consent of the individual with visual impairment, unless served with an appropriate subpoena and ordered to do so by a judge or hearing officer.