| (a) The treatment program shall establish and maintain
a separate treatment record for every client, beginning at the time
of admission into the treatment program.
(b) The treatment program shall protect all client
records and other client-identifying information from destruction,
loss, or tampering and from unauthorized access, use, or disclosure.
These safeguards must protect against verbal disclosure and prevent
unsecured maintenance of records or recording of an activity or presentation
without appropriate releases. Information that identifies those seeking
services shall be protected to the same degree as information that
identifies clients.
(c) Only personnel whose duties require access to client
records may have such access. The treatment program shall keep records
locked at all times unless authorized personnel are continuously present
in the immediate area.
(d) The treatment program shall comply with federal
and state confidentiality laws and regulations, including 42 CFR Part
2 (federal regulations on the confidentiality of substance use disorder
patient records), Chapter 611, Texas Health and Safety Code (relating
to mental health records), and the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). The treatment program shall also
protect the confidentiality of HIV information as required in Section
81.103, Texas Health and Safety Code (relating to confidentiality;
criminal penalty).
(e) The treatment program shall adopt written policies
for personnel regarding the confidentiality of substance use disorder
treatment records under the law. The policies shall specify the circumstances
in which information regarding a client's substance use disorder treatment
may be shared by law.
(f) The treatment program may not deny clients access
to the content of their records except as provided by Section 611.0045,
Texas Health and Safety Code, and HIPAA or other law.
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