| | | Sec. 3. 5 MRSA §19203, last ¶, as amended by PL 1997, c. 793, Pt. B, | | §3 and affected by §6, 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| | | Sec. 4. 5 MRSA §19203-D, as repealed by PL 1997, c. 793, Pt. B, §4 | | and affected by §6, 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 |
|
|
