SECTION 379.613. General Confidentiality Policy  


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  • A center must have a written general confidentiality policy that provides:

    (1) that all information will be kept confidential, including all personal information and all communications, observations, and information made by and between or about adult and child residents and nonresidents, employees, volunteers, student interns, and board members;

    (2) a statement about the importance of confidentiality in maintaining the safety of:

    (A) victims;

    (B) victims' families;

    (C) volunteers;

    (D) employees; and

    (E) others related to the program;

    (3) the parameters of what must be held confidential and by whom, including internal communications between staff regarding clients;

    (4) the limits of confidentiality under the law;

    (5) a designation of custodian of the records; and

    (6) procedures for:

    (A) retention and destruction of records;

    (B) responses to court orders;

    (C) release of information;

    (D) reports of abuse or suspected abuse of:

    (i) children;

    (ii) the elderly; and

    (iii) people with disabilities;

    (E) requests for information under the Public Information Act;

    (F) maintenance of records; and

    (G) access to records that comply with confidentiality provisions in state and federal law.

Source Note: The provisions of this §379.613 adopted to be effective December 23, 2007, 32 TexReg 9328; amended to be effective September 1, 2013, 38 TexReg 4309