Sec. 4. 32 MRSA §92, first ¶, as amended by PL 2001, c. 229, §10, is further amended to read:

All complaints and investigative records of the board are confidential during the pendency of an investigation. Any reports, information or records provided to the board or department pursuant to this chapter must be provided to the licensee and are confidential insofar as the reports, information or records identify or permit identification of any patient, provided that the.__The board may disclose any confidential information as follows.

Sec. 5. 32 MRSA §92, sub-§§3 and 4, as enacted by PL 2001, c. 229, §10, are amended to read:

3. Investigations. All complaints and investigative records of the board are confidential during the pendency of an investigation. Those Investigative records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this subsection, an investigation is concluded when:

A. A notice of an adjudicatory hearing as defined under Title 5, chapter 375, subchapter I 1 has been issued;

B. A consent agreement has been executed; or

C. A letter of dismissal has been issued or the investigation has otherwise been closed.

4. Exceptions. Notwithstanding subsection 3 any other provision of this section, during the pendency of an investigation, a complaint or investigative record may be disclosed:

A. To Maine Emergency Medical Services employees designated by the director;

B. To designated complaint officers of the board;

C. By a Maine Emergency Medical Services employee or complaint officer designated by the board when, and to the extent, considered necessary to facilitate the investigation;

D. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies;