10-148-24 Me. Code R. § II

Current through 2024-25, June 19, 2024
Section 148-24-II - DISCLOSURE OF HIV TEST RESULTS TO OTHER PERSONS
A. The results of an HIV test of a child in the legal custody of the Department may be disclosed by a designated Department employee to any of the following designated persons provided that information is relevant and necessary in order for the child to receive appropriate care or treatment:
1. A person responsible for regular day-to-day 24 hour care and supervision of the child.
2. A parent of the child who was the subject of the test provided his parental rights to the child have not been terminated by a court.
3. A person responsible for developing a plan for the child based on the child's needs and/or presenting such a plan as part of a court proceeding. These include but are not limited to Assistant Attorneys General assigned to the cases guardians ad litem, Court Appointed Special Advocates (CASAs), and persons with responsibilities under the Interstate Compact on the Placement of Children.
4. A person temporarily providing care and -supervision to the child as a supplement to care provided by 1. This includes but is not limited to, day care providers, respite care providers.
5. A person who is willing and able to provide regular 24-hour, residential care to a child with special medical considerations but needs to know specific health status information in order to decide whether to accept the child for care, provided the identity of the child is protected or that the information is disclosed solely as a required part of a formal placement or evaluation processor.
6. A person who is assigned to, contracted to or responsible to deliver a specific service or services to or for the child provided the knowledge of HIV status is relevant and necessary to the service to be delivered.
B. The results of an HIV test of a child in the Department's legal custody will be disclosed by a designated Department employee to a person who holds a current provisional or full license to operate a family foster home in accordance with 22 MRSA, Chapter 1669, and the rules pertaining thereto when such a child is residing in his home.
C. In an medical emergency, HIV test results may be disclosed
1. By a licensed foster parent or staff person of a licensed children's home who is consenting to emergency treatment in accordance with 22 MRSA §3-B, or
2. By a person designated in II.A. if failure to provide or delay in providing this information to the medical care providers would place the child at risk.
D. No person designated in II.A. or B. may disclose the results of any HIV test except under the conditions described in II.C. or otherwise permitted under 5 MRSA §19203.
E. Upon receipt of any HIV status information any person designated in II.A. or B. shall confirm in writing that he has been informed of the results of an HIV test and of the confidentiality of this HIV status information.

10-148 C.M.R. ch. 24, § II