Sec. B-1. 5 MRSA §19203, sub-§2, as amended by PL 1997, c. 793, Pt. B, §1 and affected by §6 and as affected by PL 1999, c. 3, §§4 and 5, is further amended to read:
2. Designated health care provider. To a health care provider designated by the subject of the test in writing pursuant to Title 22, section 1711-C. When a patient has authorized disclosure of HIV test results to a person or organization providing health care, the patient's health care provider may make these results available only to other health care providers working directly with the patient and only for the purpose of providing direct medical or dental patient care. Any health care provider who discloses HIV test results in good faith pursuant to this subsection is immune from any criminal or civil liability for the act of disclosing HIV test results to other health care providers;
Sec. B-2. 5 MRSA §19203, sub-§9, as amended by PL 1997, c. 793, Pt. B, §2 and affected by §6 and as affected by PL 1999, c. 3, §§4 and 5, is further amended to read:
9. Medical records. As part of a medical record when release or disclosure of that record is authorized pursuant to Title 22, section 1711, 1711-B, subsection 1 or section 1711-C, subsection 3, 6 or 11 section 19203-D; or
Sec. B-3. 5 MRSA §19203, last ¶, as amended by PL 1997, c. 793, Pt. B, §3 and affected by §6 and as affected by PL 1999, c. 3, §§4 and 5, is further amended to read:
Nothing in this section may be construed as prohibiting the entry of an HIV test result on the patient's medical record in accordance with this chapter.
Sec. B-4. 5 MRSA §19203-D, as repealed by PL 1997, c. 793, Pt. B, §4 and affected by §6 and as affected by PL 1999, c. 3, §§4 and 5, is reenacted to read:
When a medical record entry is made concerning information of a person's HIV infection status, including the results of an HIV test, the following apply to the release of that information as a part of the medical record.
1. Authorized release. The person who is the subject of an HIV test, at or near the time the entry is made in the medical record, shall elect, in writing, whether to authorize the release of that portion of the medical record containing the HIV infection status information when that person's medical record has been requested. A new election may be made when a change in the person's HIV infection status occurs or whenever the person makes a new election. The release form must clearly state whether or not the person has authorized the release of that information. The person must be advised of the potential implications of authorizing the release of that information.
A. When release has been authorized, the custodian of the medical record may release, upon request, the person's medical record, including any HIV infection status information contained in the medical record. Release of HIV infection status information pursuant to this paragraph is not a violation of any of the confidentiality provisions of this chapter.
B. When release has not been authorized, the custodian of the medical record may, upon request, release that portion of the medical record that does not contain the HIV infection status information. Except as otherwise provided in this section, HIV infection status information may be released only if the person has specifically authorized a separate release of that information. A general release form is insufficient.
2. Authorized disclosure. A medical record containing results of an HIV test may not be disclosed, discoverable or compelled to be produced in any civil, criminal, administrative or other proceedings without the consent of the person who is the subject of an HIV test, except in the following cases:
A. Proceedings held pursuant to the communicable disease laws, Title 22, chapter 251;
B. Proceedings held pursuant to the Adult Protective Services Act, Title 22, chapter 958-A;
C. Proceedings held pursuant to the child protection laws, Title 22, chapter 1071;
D. Proceedings held pursuant to the mental health laws, Title 34-B, chapter 3, subchapter IV, article III; and
E. Pursuant to a court order upon a showing of good cause, provided that the court order limits the use and disclosure of records and provides sanctions for misuse of records or sets forth other methods for ensuring confidentiality.
3. Utilization review; research. Nothing in this section may be interpreted to prohibit reviews of medical records for utilization review purposes by duly authorized utilization review committees or peer review organizations. Qualified personnel conducting scientific research, management audits, financial audits or program evaluation with the use of medical records may not identify, directly or indirectly, any individual patient in any report of such research, audit, evaluation or otherwise disclose the identities of persons tested in any manner.
4. Access by health care providers. Nothing in this section may prohibit access to medical records by the designated health care provider of the person who is the subject of an HIV test in accordance with section 19203, subsection 2.
5. Confidentiality policy. Health care providers and others with access to medical records containing HIV infection status information shall have a written policy providing for confidentiality of all patient information consistent with this chapter. That policy must require, at a minimum, action consistent with disciplinary procedures for violations of the confidentiality policy.
Sec. B-5. PL 1997, c. 793, Pt. B, §6, as amended by PL 1999, c. 3, §4 and affected by §5, is further amended to read:
Sec. B-6. Effective date. This Part takes effect October 1, 1999 February 1, 2000.
Effective September 18, 1999, unless otherwise indicated.
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