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or other proceedings without the consent of the person who is the | subject of an HIV test, except in the following cases: |
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| A.__Proceedings held pursuant to the communicable disease | laws, Title 22, chapter 251; |
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| B.__Proceedings held pursuant to the Adult Protective | Services Act, Title 22, chapter 958-A; |
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| C.__Proceedings held pursuant to the child protection laws, | Title 22, chapter 1071; |
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| D.__Proceedings held pursuant to the mental health laws, | Title 34-B, chapter 3, subchapter IV, article III; and |
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| 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | Sec. 5. 22 MRSA §1711, as amended by PL 1997, c. 793, Pt. A, §1 and | affected by §10, is further amended to read: |
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| §1711. Patient access to hospital medical records |
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| | If a patient of an institution licensed as a hospital by the | State, after discharge from such institution, makes written |
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