B. The parent, guardian ad litem or legal guardian of the person who is the subject of the record if the person is a minor, or the legal guardian if the person who is the subject of the record is mentally incompetent; or

C. The designee of a durable health care medical power of attorney executed by the person who is the subject of the record, at such time as the power of attorney is in effect; or if the person who is the subject of the record is incompetent and executed such an instrument.

Sec. 10. 22 MRSA §1711-B, sub-§3, ¶D, as enacted by PL 1997, c. 793, Pt. A, §6 and affected by §10, is repealed.

Sec. 11. 22 MRSA §1711-B, sub-§3-A, as enacted by PL 1997, c. 793, Pt. A, §7 and affected by §10, is repealed.

Sec. 12. 22 MRSA §1711-B, sub-§5, as amended by PL 1997, c. 793, Pt. B, §5 and affected by §6, is further amended to read:

5. HIV test. Release of information regarding the HIV infection status of a patient is governed by Title 5, section 1711-C 19203-D.

Sec. 13. 22 MRSA §1711-C, as corrected by RR 1997, c. 2, §44, is repealed.

Sec. 14. PL 1997, c. 793, Pt. A, §§9 and 10 are repealed.

Sec. 15. PL 1997, c. 793, Pt. B, §6 is repealed.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill amends the laws regarding the confidentiality of health care information by removing the changes made in Public Law 1997, chapter 793 by the Second Special Session of the 118th Legislature.