Section 6A-25.012 - Confidentiality and Release of consumer Information Records(1) Request for Case Record Amendment. (a) The division shall accept additional information for inclusion in the case record to the extent it determines such information to be material to providing or not providing rehabilitation services to the applicant or individual.(b) Any such additional information shall be identified as produced by the applicant or individual.(c) The division shall not alter the existing case record in any other way.(2) Information that may be harmful to the applicant or individual may not be released directly to him or her, but instead must be provided through a designated representative, physician or a licensed psychologist. HIV/AIDS tests and any related information shall not be released unless release is specifically requested by the applicant/individual or his or her guardian (if the individual is incompetent). The release of HIV/AIDS information to the applicant or individual or the applicant's or individual's guardian must be made in a face-to-face meeting during which the division is prepared to offer counseling to the applicant or individual (and guardian, if appropriate) regarding such information. All references to HIV/AIDS information in case file documents must be stricken unless the foregoing conditions are met. HIV information shall not be released without the individual's written consent except to a medical provider who will be performing services that would put such provider at risk of contracting HIV/AIDS from the individual.(3) Upon the submission of a signed request Form DOE/VR-VCMT066, Individual's Waiver of Statutory Confidentiality Rights (http://www.flrules.org/Gateway/reference.asp?No=Ref-16715) (effective July 2024) adopted herein by reference, by the applicant or individual, the division may release the same information to third parties that it could release to the applicant or individual or the applicant's or individual's representative. HIV/AIDS information shall not be released unless such release is specifically requested in writing by the applicant or individual or the applicant's or individual's representative.(4) The division may destroy an individual's closed case records in accordance with the Department of State, Division of Library and Information Services Schedule GS1-SL.Fla. Admin. Code Ann. R. 6A-25.012
Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.341 FS.
New 5-14-12, Amended by Florida Register Volume 50, Number 119, June 18, 2024 effective 7/2/2024.