LD 1653
pg. 4
Page 3 of 8 An Act to Amend the Law Governing the Confidentiality of Health Care Informatio... Page 5 of 8
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LR 1213
Item 1

 
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;


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