"Health care information" does not include the presence and room location of an individual to a person who has identified the individual by name, unless the individual has directed the health care practitioner or facility otherwise, orally or in writing;

Sec. 4. 22 MRSA §1711-C, sub-§2, as enacted by PL 1997, c. 793, Pt. A, §8 and affected by §10 and as affected by PL 1999, c. 3, §§3 and 5, is amended to read:

2. Confidentiality of health information; disclosure. An individual's health care information is confidential and may not be disclosed by the health care practitioner or facility except as provided in subsection 3, 3-A, 6 or 11. Nothing in this section prohibits a health care practitioner or health care facility from adhering to applicable ethical or professional standards provided that these standards do not decrease the protection of confidentiality granted by this section. Health care information disclosed pursuant to subsection 3, 3-A, 6 or 11 retains its confidential nature after such disclosure and may be subsequently disclosed only if the written authorization to disclose allows future disclosures or if the disclosure is made pursuant to a separate written authorization to disclose or under circumstances stated in subsection 6 or 11.

Sec. 5. 22 MRSA §1711-C, sub-§3-A is enacted to read:

3-A.__Oral authorization to disclose.__An individual may choose to provide oral authorization to disclose health care information.__For those individuals who are unable to provide authorization and who do not have a reasonably available previously defined "authorized representative," a health care facility or practitioner may obtain oral authorization to disclose health care information from a reasonably available member of the following classes:

A.__The spouse, unless legally separated;

B.__An adult child;

C.__A parent;