| | Sec. 7. 22 MRSA §1711-C, sub-§6, as corrected by RR 1997, c. 2, §44 | and as affected by PL 1999, c. 3, §§3 and 5, is amended by | amending the first paragraph to read: |
|
| | 6. Disclosure without authorization to disclose. A health | care practitioner or facility may disclose, or when required by | law must disclose, health care information without written or | oral authorization to disclose under the circumstances stated in | this subsection or as provided in subsection 11. The | circumstances in which disclosure may be made without written or | oral authorization to disclose include the following: |
|
| | Sec. 8. 22 MRSA §1711-C, sub-§6, ķA, as corrected by RR 1997, c. 2, §44 | and as affected by PL 1999, c. 3, §§3 and 5, is amended to read: |
|
| A. To another health care practitioner or facility for a | purpose related to the diagnosis, treatment or care of the | individual as follows:; |
|
| (1) In emergency circumstances; or |
|
| (2) In nonemergency circumstances: |
|
| (a) For a disclosure within the office, practice | or organization of the health care practitioner or | facility, when the disclosure is made for a | purpose related to the provision of health care to | the individual; or |
|
| (b) For a disclosure outside of the office, | practice or organization of the health care | practitioner or facility, when authorization is | given orally by the individual or may be inferred | from the individual's conduct. Health care | information related to an HIV test, HIV infection | or HIV infection status, as defined in Title 5, | section 19201, subsections 3, 4-A and 5, may not | be disclosed in reliance on an authorization | inferred from an individual's conduct. Health | care information derived from mental health | services provided by any of the following | individuals may not be disclosed by any such | individual in reliance on an authorization implied | from an individual's conduct: |
|
| (i) A clinical nurse specialist licensed | under the provisions of Title 32, chapter 31; |
|
|