2006 Code of Virginia § 53.1-40.10 - Exchange of medical and mental health information and records

53.1-40.10. Exchange of medical and mental health information and records.

Medical and mental health information and records of any person committed tothe Department of Corrections may be exchanged among the following:

1. Administrative personnel for the facility in which the prisoner isimprisoned when there is reasonable cause to believe that such information isnecessary to maintain the security and safety of the facility, its employees,or other prisoners. The information exchanged shall continue to beconfidential and disclosure shall be limited to that necessary to ensure thesafety and security of the facility.

2. Members of the Parole Board, as specified in 53.1-138, in order toconduct the investigation required under 53.1-155.

3. Probation and parole officers for use in parole and probation planning,release and supervision.

4. Officials within the Department for the purpose of formulatingrecommendations for treatment and rehabilitative programs; classification,security and work assignments; and determining the necessity for medical,dental and mental health care, treatment and programs.

5. Medical and mental health hospitals and facilities, both public andprivate, including community service boards, for use in planning for andsupervision of post-incarceration medical and mental health care, treatment,and programs.

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.

The release of medical and mental health information and records to any otheragency or individual shall be subject to all regulations promulgated by theDepartment which govern confidentiality of such records. Medical and mentalhealth information concerning a prisoner which has been exchanged pursuant tothis section may be used only as provided herein and shall otherwise remainconfidential and protected from disclosure.

(1991, c. 597.)