(a) Consumer records.
  (1) All personal information available to DARS employees as they administer rehabilitation services programs, including names, addresses, and records of consumer evaluations, is confidential.
  (2) DARS may use such information and records only for purposes directly connected with administering the rehabilitation programs.
  (3) DARS may directly or indirectly disclose information only in administering the rehabilitation programs, except with the consumer's written consent, in compliance with a court order, or in accordance with a federal or state law or regulation. DARS 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 consumer's request, DARS releases information to a consumer or, as appropriate, his parent, guardian, or other representative. If, in the opinion of the counselor, release to the consumer of a particular document in the consumer case file will have a harmful effect on the consumer, the consumer 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 consumer.
  (5) All consumer information is the property of DARS.
(b) Other records.
  (1) Release of consumer records must be made in accordance with federal law and regulations.
  (2) DARS may provide to and receive from any state agency other nonconfidential information for the purpose of increasing and enhancing services to consumers and improving agency operations.

Source Note: The provisions of this §101.809 adopted to be effective March 12, 2012, 37 TexReg 1706