Sec. 7. 22 MRSA §1711-B, sub-§1, ¶¶A and B, as amended by PL 1997, c. 793, Pt. A, §3 and affected by §10, are further amended to read:

A. "Health care practitioner" has the same meaning as in Title 24, section 1711-C, subsection 1, paragraph F 2502. "Health care practitioner" also includes "licensed clinical social worker" as defined in Title 32, chapter 83 and "marriage and family therapist" and "professional counselor" as defined in Title 32, chapter 119.

B. "Treatment records" means all records relating to a patient's diagnosis, and treatment and care, including x rays, performed by a health care practitioner.

Sec. 8. 22 MRSA §1711-B, sub-§2, as amended by PL 1997, c. 793, Pt. A, §4 and affected by §10, is further amended to read:

2. Access. Upon written authorization executed in accordance with section 1711-C, subsection 3 consent of the person to whom copies of records must be released pursuant to this section, a health care practitioner shall release copies of all treatment records of a patient or a narrative containing all relevant information in the treatment records to the patient. The health care practitioner may exclude from the copies of treatment records released any personal notes that are not directly related to the patient's past or future treatment and any information related to a clinical trial sponsored, authorized or regulated by the federal Food and Drug Administration. The copies or narrative must be released to the designated person within a reasonable time.

If the practitioner believes that release of the records to the patient is detrimental to the health of the patient, the practitioner shall advise the patient that copies of the treatment records or a narrative containing all relevant information in the treatment records will be made available to the patient's authorized representative upon presentation of a written authorization signed by the patient. The copies or narrative must be released to the authorized representative within a reasonable time.

Except as provided in subsection 3, release of a patient's treatment records to a person other than the patient is governed by section 1711-C.