Sec. 4. 22 MRSA §3022, sub-§11, as enacted by PL 1991, c. 339, §2, is repealed.

Sec. 5. 22 MRSA §3022, sub-§§12, 13 and 14 are enacted to read:

12.__Access to or dissemination of confidential records.__ Except as specified in subsections 10 and 13, access to or dissemination of records made confidential under subsection 8 is limited to:

A.__A criminal justice agency for the purpose of the administration of criminal or juvenile justice;

B.__A person for whom the Chief Medical Examiner determines access is necessary or desirable to carry out a duty under this Act;

C.__A person for whom the Chief Medical Examiner determines access is necessary or desirable to allow for the harvesting of a decedent's organs and other tissues;

D.__A person when authorized or required under any state or federal law, rule or regulation; and

E.__A person pursuant to a court order.

Access to or dissemination of records as provided under paragraphs A to C can be done as a matter of course by the Chief Medical Examiner unless the Attorney General directs otherwise.

13.__Access to certain information by certain persons.__Unless a medical examiner case is under investigation by the Department of the Attorney General or the office of a district attorney and the Attorney General or the district attorney determines that there is a reasonable possibility that release or inspection interferes with a criminal investigation or prosecution by the disclosure:

A.__A copy of a report or other items identified in subsection 8, paragraphs F and G may be inspected and obtained, upon payment of any required fee under section 3035, by:

(1)__A next of kin of the deceased, as defined under section 2843-A.__The Chief Medical Examiner may provide the original of the items described in subsection 8,

paragraph G to the next of kin or other person to whom that item is addressed or directed;

(2)__An insurer that may be responsible for payment of benefits as a result of a death if relevant to the payment obligation;

(3)__An attorney representing the estate of the decedent or the decedent's property if relevant to the representation; and

(4)__An attorney representing a person or a person's estate and exploring a possible civil action against the estate of the decedent if relevant to the representation; and

B.__A person may inspect and obtain a copy of communications identified in subsection 8, paragraphs C and D, except work product as defined in Rule 16(b)(3) of the Maine Rules of Criminal Procedure, as long as the communications would otherwise be open to inspection and release if in the possession or custody of the Department of the Attorney General or the office of a district attorney.

As used in this subsection and subsections 10 and 12, "person" means a natural person, including a public servant, and a corporation, partnership, unincorporated association or other nonhuman legal entity, including a governmental unit.

14.__Testing for HIV.__Notwithstanding Title 5, chapter 501, the Chief Medical Examiner in a medical examiner case may test for the human immunodeficiency virus and may disclose the test result as authorized under subsection 12.

SUMMARY

This bill amends the Medical Examiner Act as follows.

1. Confidentiality of records in the possession or custody of a medical examiner of the Office of Chief Medical Examiner is comprehensively addressed. In addition to incorporating those records currently made confidential, the bill significantly broadens current law by including as confidential communications with the office of a district attorney relating to a medical examiner case, report documents, as defined, photographs and transparencies, histological slides, videotapes and other like items and mechanical or electronic data compilations relating to a medical examiner case.

2. Access to or dissemination of records made confidential is expressly addressed and "person" is defined for those purposes. Each provision authorizing access or dissemination reflects current practice.

3. Finally, testing for HIV when determined necessary by the Chief Medical Examiner and disclosure of test results are expressly authorized notwithstanding current law governing the testing for HIV and the disclosure of the results of those tests.