SECTION 850.51. Confidentiality of Customer Information in Vocational Rehabilitation Services Program

(a) Customer records.

(1) All personal information available to Agency employees as they administer rehabilitation services programs, including names, addresses, and records of customer evaluations, is confidential.

(2) The Agency may use such information and records only for purposes directly connected with administering the vocational rehabilitation programs.

(3) The Agency may directly or indirectly disclose information only in administering the rehabilitation programs, except with the customer's written consent, in compliance with a court order, or in accordance with a federal or state law or regulation. The Agency may not share information containing identifiable personal information with advisory or other bodies that do not have official responsibilities for administration of the programs.

(4) Upon a customer's request, the Agency releases information to the customer or, as appropriate, his or her parent, guardian, or other representative. If, in the opinion of the counselor, release to the customer of a particular document in the customer case file will have a harmful effect on the customer, the customer will be notified that there is information in the case file that can be released only to an appropriate representative designated in writing by the customer.

(5) All customer information is the property of the Agency.

(b) Other records.

(1) Release of customer records must be made in accordance with federal law and regulations.

(2) The Agency may provide to and receive from any state agency other nonconfidential information for the purpose of increasing and enhancing services to customers and improving agency operations.

Source Note: The provisions of this §850.51 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective May 13, 2019, 44 TexReg 2364