53.1-133.03 - Exchange of medical and mental health information and records.
§ 53.1-133.03. Exchange of medical and mental health information and records.
Notwithstanding any other provision of law relating to disclosure andconfidentiality of patient records maintained by a health care provider,medical and mental health information and records of any person committed tojail, and transferred to another correctional facility, may be exchangedamong the following:
1. Administrative personnel of the correctional facilities involved and ofthe administrative personnel within the holding facility when there isreasonable cause to believe that such information is necessary to maintainthe security and safety of the holding facility, its employees, or prisoners.The information exchanged shall continue to be confidential and disclosureshall be limited to that necessary to ensure the safety and security of thefacility.
2. Members of the Parole Board or its designees, as specified in § 53.1-138,in order to conduct the investigation required under § 53.1-155.
3. Probation and parole officers for use in parole and probation planning,release and supervision.
4. Officials of the facilities involved and officials within the holdingfacility for the purpose of formulating recommendations for treatment andrehabilitative programs; classification, security and work assignments; anddetermining the necessity for medical, dental and mental health care,treatment and other such programs.
5. Medical and mental health hospitals and facilities, both public andprivate, including community service boards and health departments, for usein treatment while committed to jail or a correctional facility while undersupervision of a probation or parole officer.
Substance abuse records subject to federal regulations, Confidentiality ofAlcohol and Drug Abuse Patient Records, 42 C.F.R. § 2.11 et seq., shall notbe subject to the provisions of this section. The disclosure of results of atest for human immunodeficiency virus shall not be permitted except asprovided in §§ 32.1-36.1 and 32.1-116.3.
The release of medical and mental health information and records to any otheragency or individual shall be subject to all regulations promulgated by theBoard of Corrections which govern confidentiality of such records. Medicaland mental health information concerning a prisoner which has been exchangedpursuant to this section may be used only as provided herein and shallotherwise remain confidential and protected from disclosure.
Nothing contained in this section shall prohibit the release of records tothe Department of Health Professions or health regulatory boards consistentwith Subtitle III (§ 54.1-2400 et seq.) of Title 54.1 of the Code of Virginia.
(1997, c. 443.)