32 §92. Confidentiality of information - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982

§92. Confidentiality of information

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 are confidential insofar as the reports, information or records identify or permit identification of any patient. The board may disclose any confidential information as follows. [2003, c. 559, §4 (AMD).]

1. Hearings or proceedings. Confidential information may be released in an adjudicatory hearing or informal conference before the board or in any subsequent formal proceeding to which information is relevant.

[ 2001, c. 229, §10 (AMD) .]

2. Consent agreements or settlement. Confidential information may be released in a consent agreement or other written settlement, when the information constitutes or pertains to the basis of board action.

[ 2001, c. 229, §10 (AMD) .]

3. Investigations. Investigative records and complaints 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 1 has been issued; [2003, c. 559, §5 (AMD).]

B. A consent agreement has been executed; or [2001, c. 229, §10 (NEW).]

C. A letter of dismissal has been issued or the investigation has otherwise been closed. [2001, c. 229, §10 (NEW).]

[ 2003, c. 559, §5 (AMD) .]

4. Exceptions. Notwithstanding 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; [2001, c. 229, §10 (NEW).]

B. To designated complaint officers of the board; [2001, c. 229, §10 (NEW).]

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; [2001, c. 229, §10 (NEW).]

D. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies; [2001, c. 229, §10 (NEW).]

E. When and to the extent considered necessary by the director to avoid imminent and serious harm. The authority of the director to make such a disclosure may not be delegated; [2001, c. 229, §10 (NEW).]

F. Pursuant to rules adopted by the department, when it is determined that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; or [2001, c. 229, §10 (NEW).]

G. To the person investigated on request of that person. The director may refuse to disclose part or all of any investigative information, including the fact of an investigation when the director determines that disclosure would prejudice the investigation. The authority of the director to make such a determination may not be delegated. [2001, c. 229, §10 (NEW).]

[ 2003, c. 559, §5 (AMD) .]

SECTION HISTORY

1985, c. 730, §§14,16 (NEW). 1991, c. 588, §§21,22 (AMD). 2001, c. 229, §10 (AMD). 2003, c. 559, §§4,5 (AMD).