1. (a) All information relating to a final applicant's or employee's alcohol or drug test including other medical or personal information contained in testing program records shall be treated as strictly confidential; provided however, that, unless otherwise confidential as a matter of law, such information may be disclosed when:

   1. (1) a proceeding is initiated by the final applicant or employee and the information is relevant to the claim or defense in such proceeding;
   2. (2) required by applicable law;
   3. (3) requested in writing by the employee;
   4. (4) requested by a person bearing the written consent of the final applicant or employee; or
   5. (5) required by an office or employee of the department who has a need for the information in the performance of official duties.
2. (b) An employee who willfully discloses or releases information in violation of this section will be subject to disciplinary action up to and including immediate termination from the department.

Source Note:The provisions of this §4.38 adopted to be effective October 27, 1995, 20 TexReg 8461.