Usa Maine

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 501. MEDICAL CONDITIONS (HEADING. PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))
Title 5 - §19201. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19201. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1987, c. 539 (rpr).]

1. Antibody to HIV. "Antibody to HIV" means the specific immunoglobulin produced by the body's immune system in response to HIV. [1987, c. 539 (rpr).]


1-A. Bona fide occupational exposure. "Bona fide occupational exposure" means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids of another person that results from the performance of duties by the exposed person in the course of employment. It also includes such contact resulting from performance of emergency services by a volunteer firefighter as defined by Title 30-A, section 3151 or by an emergency medical services person licensed under Title 32, chapter 2-B when responding to an emergency as part of a governmental, nonprofit or other organized entity, whether the firefighter or emergency medical services person is compensated for such services or not. [1999, c. 429, §1 (amd).]


1-B. Employer; employer of the person exposed. "Employer" and "employer of the person exposed" include a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. It also includes, in the case of a volunteer firefighter or emergency medical services person, the organization for which the services are performed. [1999, c. 429, §1 (amd).]


2. Health care provider. "Health care provider" means any appropriately licensed, certified or registered provider of mental or physical health care, either in the public or private sector or any business establishment providing health care services. [1987, c. 539 (rpr).]


2-A. Health care setting. "Health care setting" means any location where there is provision of preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures or counseling, including emergency services performed in the field, and appropriate assistance with disease or symptom management and maintenance that affects an individual's physical, mental or behavioral condition, including the process of banking blood, sperm, organs or any other tissue. [1999, c. 429, §2 (new).]


3. HIV. "HIV" means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. [1987, c. 539 (rpr).]


4. HIV antigen. "HIV antigen" means the specific immune-recognizable marker proteins of HIV. [1987, c. 539 (rpr).]


4-A. HIV test. "HIV test" means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. [1995, c. 404, §2 (amd).]


5. HIV infection; HIV infection status. "HIV infection" means the state wherein HIV has invaded the body and is being actively harbored by the body. "HIV infection status" means the results of an HIV test. [1995, c. 404, §3 (amd).]


5-A. Informed consent. "Informed consent" means consent that is:



A. Based on an actual understanding by the person to be tested:

(1) That the test is being performed;


(2) Of the nature of the test;


(3) Of the persons to whom the results of that test may be disclosed;


(4) Of the purpose for which the test results may be used; and


(5) Of any reasonably foreseeable risks and benefits resulting from the test; and
[1987, c. 811, §2 (amd).]




B. Wholly voluntary and free from express or implied coercion. [1987, c. 539 (rpr).]

[1987, c. 811, §2 (amd).]


6. Person. "Person" means any natural person, firm, corporation, partnership or other organization, association or group, however organized. [1987, c. 539 (rpr).]


7. Seropositivity. "Seropositivity" means the presence of antibody to HIV as detected by appropriate laboratory tests. [1987, c. 539 (rpr).]


8. Viral positivity. "Viral positivity" means demonstrated presence of HIV. [1987, c. 539 (rpr).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19202. Maine HIV Advisory Committee

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19202. Maine HIV Advisory Committee

1. Duties. [1999, c. 390, §1 (rp); §10 (aff).]


1-A. Duties. The Maine HIV Advisory Committee, as established in section 12004-I, subsection 42 and referred to in this section as the "committee," shall:



A. Advise all departments and agencies of the State on:

(1) Prevention of the human immunodeficiency virus, referred to in this section as "HIV," and education related to HIV;


(2) Crises that may develop related to HIV;


(3) Services to persons with HIV;


(4) Services for family members and other persons providing care and support to persons with HIV;


(5) HIV-related policy, planning, rules or legislation; and


(6) All fiscal matters related to HIV;
[1999, c. 390, §2 (new); §10 (aff).]




B. Make an annual assessment of the policies, programs and budget proposals of state agencies related to HIV, on which the committee may make recommendations; and [1999, c. 390, §2 (new); §10 (aff).]




C. Provide a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 15th of each year. [1999, c. 390, §2 (new); §10 (aff).]

[1999, c. 390, §2 (new); §10 (aff).]


2. Membership. [1999, c. 390, §3 (rp); §10 (aff).]


2-A. Membership. The committee consists of 21 members as provided in this subsection.



A. The members shall annually elect from among themselves a membership committee to perform the functions provided in this subsection. [1999, c. 390, §4 (new); §10 (aff).]




B. The membership committee shall seek nominations for membership for the coming year from the entities or persons authorized to nominate. If the nominating entities or persons do not provide the nominations within 90 days of the deadlines for the nominations, the membership committee shall seek nominations from other entities and persons. [1999, c. 390, §4 (new); §10 (aff).]




C. The membership consists of the following:

(1) Two members of the Legislature, one Senator appointed by the President of the Senate and one Representative appointed by the Speaker of the House of Representatives;


(2) Four representatives of entities serving persons infected with HIV or affected by HIV, chosen by the membership committee from nominations provided by the following:

(a) A representative of the Department of Health and Human Services, Bureau of Health, HIVSTD program, nominated by the Commissioner of Health and Human Services;


(b) A representative of the office managing the funds under the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990, 104 Stat. 576 (1990), as amended, in the Department of Health and Human Services, Auditing, Contracting and Licensing Service Center, nominated by the Commissioner of Health and Human Services;


(c) A representative of the Department of Health and Human Services, Office of Substance Abuse, nominated by the Commissioner of Health and Human Services;


(d) A representative of the Department of Education, nominated by the Commissioner of Education;


(e) A representative of the Department of Corrections, nominated by the Commissioner of Corrections; and


(f) A representative of the Department of Public Safety, nominated by the Commissioner of Public Safety;



(3) Three representatives of persons with HIV or at risk for HIV infection or from organizations with extensive participation of persons with HIV, chosen by the membership committee from nominations provided by organizations interested in and working on HIVAIDS prevention and health, other community-based organizations providing HIVAIDS services, rural health centers and the public;


(4) Four health care practitioners involved with HIVAIDS treatment and care issues, chosen by the membership committee from nominations provided by professional organizations representing allopathic and osteopathic physicians, nurses, dentists, hospitals, infection control practitioners, pharmacists and rural health centers;


(5) Four providers of other services to persons at increased risk for HIV infection or persons with HIV to be chosen by the membership committee from the following:

(a) A provider of services to homeless persons, nominated by a statewide organization of providers of services to the homeless;


(b) A provider of services to high-risk youth and injection drug users and a provider of mental health or developmental disabilities services, nominated by a statewide organization of providers of such services;


(c) A provider of services to persons with hemophilia, nominated by statewide organizations concerned with hemophilia; and


(d) A provider of services to persons with HIV, nominated by a statewide organization concerned with HIV; and



(6) Four persons representing interests related to HIV, HIV prevention or policy, to be chosen by the membership committee from the following:

(a) Representatives of statewide organizations concerned with family planning, public health, HIV prevention and treatment, organized labor, clergy, funeral directors, civil rights and disability rights, nominated by those organizations;


(b) A representative of families with school-aged children, nominated by members of the public; and


(c) A representative of the Maine Human Rights Commission.

[1999, c. 390, §4 (new); §10 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6,7 (rev).]

[1999, c. 390, §4 (new); §10 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]


3. Terms. The term of office of each member is 3 years; except that of the members first chosen by the membership committee pursuant to subsection 2-A, 13 must be chosen for a term of one year, 13 for a term of 2 years and 13 for a term of 3 years; members chosen after nomination by the Commissioner of Health and Human Services, the Commissioner of Education, the Commissioner of Corrections or the Commissioner of Public Safety serve during the nominating commissioner's term of office; and Legislators serve during the term for which they were elected. The membership shall annually elect a chair and vice-chair. The chair is the presiding member of the committee. All vacancies must be filled for the balance of the unexpired term in the same manner as original appointments. [RR 2003, c. 2, §10 (cor).]


3-A. Compensation. The members of the committee are entitled to compensation in accordance with chapter 379. All members are entitled to reimbursement for expenses. [1999, c. 390, §6 (new); §10 (aff).]


4. Meetings. The committee shall meet at least 4 times a year and more frequently if needed to respond to the duties of this committee as specified in subsection 1-A. Special meetings may be called by the chair and must be called at the request of the State Epidemiologist, the Director of the Bureau of Health, the Director of Disease Control, the Director of Sexually Transmitted Diseases or by 3 or more members of the committee. [1999, c. 390, §7 (amd); §10 (aff).]


5. Annual program and budget review. [1999, c. 390, §8 (rp); §10 (aff).]


6. Committee may accept funds. The committee may vote to accept or refuse gifts, grants or other funding that may be offered to the committee. [1993, c. 384, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-A. Informed consent required

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-A. Informed consent required

1. Individual tested. Except as provided in this section and section 19203, subsections 4 and 5, no person may perform an HIV test without first obtaining the written informed consent of the person to be tested. Informed consent is not required for repeated HIV testing by health care providers to monitor the course of established infection. Anonymous test sites under section 19203-B are exempt from the requirement that the informed consent be in writing. [1995, c. 404, §5 (amd).]


2. Insurers. Persons required to take an HIV test by an insurer, nonprofit hospital or medical service organization or nonprofit health care plan must provide their written informed consent on forms approved by the Superintendent of Insurance. Pretest and post-test counseling must be provided by the person or organization requesting the test. The Superintendent of Insurance may promulgate rules to define language requirements of the form. [1987, c. 811, §4 (amd).]


3. Access to medical care. No health care provider may deny any person medical treatment or care solely for refusal to give consent for an HIV test. No health care provider may request a person's written consent to an HIV test as a precondition to the provision of health care. All written consent to testing shall be in accordance with section 19201, subsection 5-A. Nothing in this section may prohibit a health care provider from recommending an HIV test for diagnostic or treatment purposes. No physician or other health care provider may be civilly liable for failing to have an HIV test performed for diagnostic or treatment purposes if the test was recommended and refused in writing by the patient. [1987, c. 811, §5 (new).]


4. Occupational exposure. Consent need not be obtained when a bona fide occupational exposure creates a significant risk of infection provided that a court order has been obtained under section 19203-C. The fact that an HIV test was given as a result of an occupational exposure and the results of that test may not appear in any records of the person whose blood or body fluid is the source of the exposure. Pretest and post-test counseling must be offered. The subject of the test may choose not to be informed about the result of the test. [1995, c. 404, §6 (amd).]


4-A. Occupational exposure in health care setting. When a bona fide occupational exposure occurs in a health care setting, authorization to test the source patient for HIV must be obtained from that patient if the patient is present or can be contacted at the time of exposure and is capable of providing consent. At the time of exposure, if the source patient is not present and can not be contacted or is incapacitated, then any reasonably available member of the following classes of individuals, in descending order of priority, may authorize an HIV test on a blood or tissue sample from the source patient:



A. The patient's legal guardian; [1999, c. 429, §3 (new).]




B. An individual known to have power of attorney for health care for the patient; [1999, c. 429, §3 (new).]




C. An adult relative, by blood, marriage or adoption; [1999, c. 429, §3 (new).]




D. An adult with whom the patient has a meaningful social and emotional relationship; and [1999, c. 429, §3 (new).]




E. A physician who is familiar with occupational exposures to HIV. [1999, c. 429, §3 (new).]

The individual authorizing the HIV test must be informed of the nature, reliability and significance of the HIV test and the confidential nature of the test. If the person contacted for authorization refuses to authorize the test, the test may not be conducted unless consent is obtained from the source patient or from the court pursuant to section 19203-C. This subsection does not authorize a person described in paragraphs A to D to receive the test result. Test results must be given to the exposed person, to a personal physician if designated by the exposed person and to either the physician who authorizes the test or the health care provider who manages the occupational exposure. The patient may choose not to be informed about the result of the HIV test. Without express patient authorization, the results of the HIV test and the fact that an HIV test was done as a result of an occupational exposure in a health care setting may not appear in the patient's health care records. The exposed individual's occupational health care record may include documentation of the occupational exposure and, if the record does not reveal the source patient's identity, the results of the source patient's HIV test. [1999, c. 429, §3 (new).]


5. Exposure from sexual crime. Consent need not be obtained when a court order has been issued under section 19203-F. The fact that an HIV test was given as a result of the exposure and the results of that test may not appear in a convicted offender's medical record. Counseling on risk reduction must be offered, but the convicted offender may choose not to be informed about the result of the test unless the court has ordered that the convicted offender be informed of the result. [1995, c. 319, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-B. Anonymous testing sites

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-B. Anonymous testing sites

The Department of Health and Human Services may designate or establish certification and approval standards for and support anonymous testing sites where an individual may request an HIV test under conditions which ensure anonymity. [1987, c. 539 (new); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-C. Judicial consent to HIV test

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-C. Judicial consent to HIV test

1. Petition. Any person who experiences a bona fide occupational exposure may petition the District Court with jurisdiction over the facility or other place where the exposure occurred to require the person whose blood or body fluid is the source of the exposure to submit to an HIV test and to require that the results of the test be provided to the petitioner provided that the following conditions have been met:



A. The exposure to blood or body fluids creates a significant risk of HIV infection, as defined by the Bureau of Health through the adoption of rules in accordance with the Maine Administrative Procedure Act, chapter 375; [1995, c. 404, §7 (amd).]




B. The authorized representative of the employer of the person exposed has informed the person whose blood or body fluid is the source of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and [1995, c. 404, §7 (amd).]




C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested, or, in the event of an occupational exposure in a health care setting when the source patient was not present and could not be contacted or was incapacitated, the individual contacted for authorization to test the source patient's blood or tissue sample denied the authorization. [1999, c. 429, §4 (amd).]

[1999, c. 429, §4 (amd).]


1-A. Persons authorized. [1995, c. 404, §8 (rp).]


2. Prehearing duties of the court. Upon receipt by the District Court of the petition, the court shall:



A. Schedule a hearing to be held as soon as practicable; [1987, c. 811, §6 (new).]




B. Cause a written notice of the petition and hearing to be given, in accordance with the Maine Rules of Civil Procedure, to the patient who is the subject of the proceeding; [1987, c. 811, §6 (new).]




C. Appoint counsel, if requested, for any indigent client not already represented; and [1987, c. 811, §6 (new).]




D. Furnish counsel with copies of the petition. [1987, c. 811, §6 (new).]

[1987, c. 811, §6 (new).]


3. Hearing. The hearing shall be governed as follows.



A. The hearing shall be conducted in accordance with the Maine Rules of Evidence and in an informal manner consistent with orderly procedure. [1987, c. 811, §6 (new).]




B. The hearing shall be confidential and be electronically or stenographically recorded. [1987, c. 811, §6 (new).]




C. The report of the hearing proceedings must be sealed. No report of the hearing proceedings may be released to the public, except by permission of the person whose blood or body fluid is the source of the exposure or that person's counsel and with the approval of the court. [1995, c. 404, §9 (amd).]




D. The court may order a public hearing at the request of the person whose blood or body fluid is the source of the exposure or that person's counsel. [1995, c. 404, §9 (amd).]

[1995, c. 404, §9 (amd).]


4. Determination. The court shall require the person whose blood or body fluid is the source of the exposure to obtain an HIV test if the petitioner proves, by a preponderance of the evidence, that:



A. The exposure to blood or body fluids of the person created a significant risk of HIV infection as defined by the Bureau of Health through the adoption of rules in accordance with the Maine Administrative Procedure Act, chapter 375; [1995, c. 404, §10 (amd).]




B. An authorized representative of the employer of the person exposed has informed the patient of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and [1995, c. 404, §10 (amd).]




C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested. [1995, c. 404, §10 (amd).]

[1997, c. 331, §2 (amd).]


5. Consent. The court may not order a person whose blood or body fluid is the source of the exposure to obtain an HIV test unless the employee exposed to the blood or body fluids of that person has consented to and obtained an HIV test immediately following that documented exposure. [1995, c. 404, §10 (amd).]


6. Costs. The employer of the person exposed is responsible for the petitioner's reasonable costs related to obtaining the results of an HIV test pursuant to this section, including the payment of the petitioner's attorneys' fees. [1995, c. 404, §10 (amd).]


7. Appeals. A person required to undergo an HIV test may appeal the order to Superior Court. The appeal is limited to questions of law. Any findings of fact of the District Court may not be set aside unless clearly erroneous. [1995, c. 404, §10 (amd).]


8. Reporting to bureau and counseling. [1995, c. 404, §11 (rp).]


9. Subsequent testing. Subsequent testing arising out of the same incident of occupational exposure must be conducted in accordance with this section. [1995, c. 404, §12 (amd).]


10. Bureau of Health report. The Bureau of Health shall report on an annual basis to the Maine HIV Advisory Committee the following information:



A. The number of incidents in which the Bureau of Health is requested to determine under subsection 1, paragraph A whether a bona fide occupational exposure has occurred; and [1995, c. 404, §13 (new).]




B. With regard to the incidents reported in paragraph A, the occupations represented, the nature or a description of the incidents and the number of incidents determined to be and not to be bona fide occupational exposures. [1995, c. 404, §13 (new).]

[1995, c. 404, §13 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-D. Records

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-D. Records

When a medical record entry is made concerning information of a person's HIV infection status, including the results of an HIV test, the following apply to the release of that information as a part of the medical record. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]

1. Authorized release. The person who is the subject of an HIV test, at or near the time the entry is made in the medical record, shall elect, in writing, whether to authorize the release of that portion of the medical record containing the HIV infection status information when that person's medical record has been requested. A new election may be made when a change in the person's HIV infection status occurs or whenever the person makes a new election. The release form must clearly state whether or not the person has authorized the release of that information. The person must be advised of the potential implications of authorizing the release of that information.



A. When release has been authorized, the custodian of the medical record may release, upon request, the person's medical record, including any HIV infection status information contained in the medical record. Release of HIV infection status information pursuant to this paragraph is not a violation of any of the confidentiality provisions of this chapter. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]




B. When release has not been authorized, the custodian of the medical record may, upon request, release that portion of the medical record that does not contain the HIV infection status information. Except as otherwise provided in this section, HIV infection status information may be released only if the person has specifically authorized a separate release of that information. A general release form is insufficient. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]

[1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]


2. Authorized disclosure. A medical record containing results of an HIV test may not be disclosed, discoverable or compelled to be produced in any civil, criminal, administrative or other proceedings without the consent of the person who is the subject of an HIV test, except in the following cases:



A. Proceedings held pursuant to the communicable disease laws, Title 22, chapter 251; [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]




B. Proceedings held pursuant to the Adult Protective Services Act, Title 22, chapter 958-A; [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]




C. Proceedings held pursuant to the child protection laws, Title 22, chapter 1071; [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]




D. Proceedings held pursuant to the mental health laws, Title 34-B, chapter 3, subchapter IV, article III; and [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]




E. Pursuant to a court order upon a showing of good cause, provided that the court order limits the use and disclosure of records and provides sanctions for misuse of records or sets forth other methods for ensuring confidentiality. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]

[1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]


3. Utilization review; research. Nothing in this section may be interpreted to prohibit reviews of medical records for utilization review purposes by duly authorized utilization review committees or peer review organizations. Qualified personnel conducting scientific research, management audits, financial audits or program evaluation with the use of medical records may not identify, directly or indirectly, any individual patient in any report of such research, audit, evaluation or otherwise disclose the identities of persons tested in any manner. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]


4. Access by health care providers. Nothing in this section may prohibit access to medical records by the designated health care provider of the person who is the subject of an HIV test in accordance with section 19203, subsection 2. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]


5. Confidentiality policy. Health care providers and others with access to medical records containing HIV infection status information shall have a written policy providing for confidentiality of all patient information consistent with this chapter. That policy must require, at a minimum, action consistent with disciplinary procedures for violations of the confidentiality policy. [1999, c. 512, Pt. B, §4 (ren); §§5, 6 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-E. HIV test after conviction for sexual assault (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-E. HIV test after conviction for sexual assault (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203-F. HIV test after conviction for sexual assault

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203-F. HIV test after conviction for sexual assault

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Convicted offender" means a person who has been convicted of a sexual crime or, in the case of a juvenile, a person who has been adjudicated as having committed a sexual crime. [1995, c. 319, §4 (new).]




B. "Incapacitated adult" means an adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual. [1995, c. 319, §4 (new).]




C. "Sexual crime" means a crime involving a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, subparagraph (1). [1995, c. 319, §4 (new).]

[1995, c. 319, §4 (new).]


2. Request for testing. A person who is the victim of a sexual crime, or that person's parent, guardian or authorized representative if that person is a minor or incapacitated adult, may petition the court at any time prior to sentencing or no later than 180 days after conviction to order the convicted offender to submit to HIV testing and to order that the convicted offender be informed of the test results. [1995, c. 319, §4 (new).]


3. Duties of the court. Upon receipt of the petition, the court shall order that the convicted offender obtain HIV testing conducted by or under authority of the Department of Health and Human Services and, if requested by the petitioner, that the convicted offender be informed of the test results. [1995, c. 319, §4 (new); 2003, c. 689, Pt. B, §6 (rev).]


4. Reporting and counseling. The health care facility in which a convicted offender is tested pursuant to this section shall disclose the results of the test to the victim-witness advocate, who shall disclose the result to the petitioner. The test result may not be disclosed to the petitioner until the petitioner has received counseling, pursuant to section 19204-A, regarding the nature, reliability and significance of the convicted offender's HIV test and has been offered referrals for health care and support services for the victim. The health care facility shall, upon order of the court, disclose the results of the test to the convicted offender. [1995, c. 319, §4 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19203. Confidentiality of test

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19203. Confidentiality of test

No person may disclose the results of an HIV test, except as follows: [1987, c. 811, §3 (rpr).]

1. Subject of test. To the subject of the test; [1987, c. 811, §3 (rpr).]


2. Designated health care provider. To a health care provider designated by the subject of the test in writing . When a patient has authorized disclosure of HIV test results to a person or organization providing health care, the patient's health care provider may make these results available only to other health care providers working directly with the patient and only for the purpose of providing direct medical or dental patient care. Any health care provider who discloses HIV test results in good faith pursuant to this subsection is immune from any criminal or civil liability for the act of disclosing HIV test results to other health care providers; [1999, c. 512, Pt. B, §1 (amd); §§5, 6 (aff).]


3. Authorized person. To a person or persons to whom the test subject has authorized disclosure in writing, except that the disclosure may not be used to violate any other provisions of this chapter; [1987, c. 811, §3 (rpr).]


4. Certain health care providers. A health care provider who procures, processes, distributes or uses a human body part donated for a purpose may, without obtaining informed consent to the testing, perform an HIV test in order to assure medical acceptability of the gift for the purpose intended. Testing pursuant to this subsection does not require pretest and post-test counseling; [1987, c. 811, §3 (rpr).]


5. Research facility. The Department of Health and Human Services, a laboratory certified and approved by the Department of Health and Human Services pursuant to Title 22, chapter 411, or a health care provider, blood bank, blood center or plasma center may, for the purpose of research and without first obtaining informed consent to the testing, subject any body fluids or tissues to an HIV test if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher; [1987, c. 811, §3 (rpr); 2003, c. 689, Pt. B, §6 (rev).]


6. Anonymous testing sites. To an anonymous testing site established pursuant to section 19203-B; [1987, c. 811, §3 (rpr).]


7. Other agencies. To employees of, or other persons designated by, the Department of Corrections and the Department of Health and Human Services, to the extent that those employees or other persons are responsible for the treatment or care of subjects of the test. Those agencies shall adopt rules, within 90 days of August 4, 1988, pursuant to chapter 375, subchapter 2, designating the persons or classes of persons to whom the test results may be disclosed. The rules of the Department of Corrections must designate those persons who may receive the results of an HIV test of a county jail inmate; [RR 2003, c. 2, §11 (cor).]


8. Bureau of Health. To the Bureau of Health, which may disclose results to other persons only if that disclosure is necessary to carry out its duties as provided in Title 22, sections 3, 7 and 42 and chapters 250 and 251; [1989, c. 487, §1 (amd).]


9. Medical records. As part of a medical record when release or disclosure of that record is authorized pursuant to section 19203-D; or [1999, c. 512, Pt. B, §2 (amd); §§5, 6 (aff).]


10. Court ordered disclosure. To:



A. A person authorized by section 19203-C to receive test results following an accidental exposure; or [1991, c. 803, §1 (new).]




B. A victim-witness advocate authorized by section 19203-F to receive the test results of a person convicted of a sexual crime as defined in section 19203-F, subsection 1, paragraph C, who shall disclose to a victim under section 19203-F, subsection 4. [1995, c. 319, §1 (amd).]

[1995, c. 319, §1 (amd).]
div>
This section does not prohibit limited administrative disclosure in conjunction with a mandatory testing program of a military organization subject to Title 37-B. [1987, c. 811, §3 (rpr).] div>
Nothing in this section may be construed as prohibiting the entry of an HIV test result on the patient's medical record in accordance with this chapter. [1999, c. 512, Pt. B, §3 (amd); §§5, 6 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19204-A. Counseling

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19204-A. Counseling

Except as otherwise provided by this chapter, persons who are the subjects of HIV tests must be offered pretest and post-test counseling. Persons who are authorized by section 19203-C or 19203-F to receive test results after exposure must be offered counseling regarding the nature, reliability and significance of the HIV test and the confidential nature of the test. Persons offered counseling under this section may decline the offer by signing a waiver stating that counseling has been offered and is being declined. [1995, c. 625, Pt. A, §15 (rpr).]

1. Pretest counseling. "Pretest counseling" must include:



A. Face-to-face counseling that includes, at a minimum, a discussion of:

(1) The nature and reliability of the test being proposed;


(2) The person to whom the results of the test may be disclosed;


(3) The purpose for which the test results may be used;


(4) Any reasonably foreseeable risks and benefits resulting from the test; and


(5) Information on good HIV preventive practices and HIV risk reduction plans; and
[1995, c. 404, §15 (amd).]




B. An entry in the medical record of the person being counseled summarizing the contents of the discussion concerning at least the topics listed in paragraph A, subparagraphs (1) to (5). A written informed consent form may be used to satisfy the requirement in this paragraph if it contains all the required information. A written consent form does not satisfy the requirement for personal counseling in paragraph A. [2001, c. 647, §1 (amd).]

The provider of an HIV test may offer group pretest counseling, but individual counseling must be provided if the subject of the test requests it. [2001, c. 647, §1 (amd).]


2. Post-test counseling. "Post-test counseling" must include:



A. Personal counseling that includes, at a minimum, a discussion of:

(1) The test results and the reliability and significance of the test results;


(3) Information on good preventive practices and risk reduction plans; and


(4) Referrals for medical care and information and referrals for support services, including social, emotional support and legal services, as needed;
[1995, c. 404, §15 (amd).]




B. An entry in the medical record of the person being counseled summarizing the contents of the discussion; and [2001, c. 647, §2 (amd).]




C. The offer of face-to-face counseling. If the subject of the test declines, the provider of the test may provide an alternative means of providing the information required by paragraph A. [1995, c. 404, §15 (new).]

[2001, c. 647, §2 (amd).]


3. Preventive practices. [1987, c. 811, §8 (rp).]


4. Referrals. [1987, c. 811, §8 (rp).]


5. Written information to person being counseled. To comply with the requirements of this section regarding pretest counseling, in addition to meeting the requirements of subsection 1, the provider of an HIV test shall give to the person being counseled a written document containing information on the subjects described in subsection 1, paragraph A. To comply with the requirements of this section regarding post-test counseling, in addition to meeting the requirements of subsection 2, the provider of an HIV test shall give to the person being counseled a written document containing information on the subjects described in subsection 2, paragraph A. A written consent form or other document may be used to meet one or both of the requirements for information pursuant to this subsection if the form or document contains all the information required for the type of counseling being offered. [2001, c. 647, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19204-B. Restrictions on requiring tests or results of tests

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19204-B. Restrictions on requiring tests or results of tests

1. Employee testing. An employee or applicant for employment may not be required to submit to an HIV test or reveal whether the employee or applicant for employment has obtained an HIV test as a condition of employment or to maintain employment, except when based on a bona fide occupational qualification. The Maine Human Rights Commission shall enforce this subsection. [1995, c. 404, §16 (amd).]


2. Employee rights. The employment status of any employee may not be affected or changed:



A. If the employee declines to be tested pursuant to section 19203-A; [1987, c. 811, §9 (new).]




B. If the employee testifies or assists in any proceeding under this chapter; [1987, c. 811, §9 (new).]




C. If the employee asserts any other rights exercised in good faith pursuant to this chapter; or [1987, c. 811, §9 (new).]




D. Because of the result of any test taken pursuant to this chapter. [1987, c. 811, §9 (new).]

[1995, c. 404, §16 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19204-C. Restrictions upon revealing HIV antibody test results

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19204-C. Restrictions upon revealing HIV antibody test results

An insurer, nonprofit hospital or medical services organization, nonprofit health care plan or health maintenance organization may not request any person to reveal whether the person has obtained a test for the presence of antibodies to HIV or a test to measure the virus or to reveal the results of such tests taken prior to an application for insurance coverage. [1995, c. 404, §17 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19204. Restrictions upon revealing HIV test results (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19204. Restrictions upon revealing HIV test results (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19205. Coordination of services to persons with HIV or AIDS

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19205. Coordination of services to persons with HIV or AIDS

1. Policy; services. It is the policy of the State to provide to persons who test positive for HIV or have been diagnosed as having AIDS the services of departments and agencies, including, but not limited to, the Department of Education, the Department of Health and Human Services and the Department of Corrections. [RR 2003, c. 2, §12 (cor).]


2. Coordination of services. A person designated by the Commissioner of Health and Human Services shall ensure coordination of new and existing services so as to meet the needs of persons with HIV or AIDS and identify gaps in programs. The committee established in section 12004-I, subsection 42, shall work with the person designated in this chapter to ensure the coordination of services to meet the needs of persons with HIV or AIDS. [1995, c. 404, §19 (amd); 2003, c. 689, Pt. B, §7 (rev).]


3. Development of a client support services system. A client support services system shall be developed to assist individuals infected with the Human Immune Deficiency Virus and to ensure that they receive necessary services. The client support service, arranged by the staff of community-based agencies, shall include, but not be limited to, assisting the individual's needs and assisting the individual with obtaining access to necessary health care, social service, housing, transportation, counseling and income maintenance services. The Department of Health and Human Services shall be responsible for providing overall direction for the development of the client support services system. [1987, c. 769, Pt. A, §34 (new); 2003, c. 689, Pt. B, §6 (rev).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19206. Civil liability

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19206. Civil liability

Any person violating this chapter is liable to the subject of the test for actual damages and costs plus a civil penalty of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation, subject to Title 14, chapter 741. [1987, c. 811, §10 (amd).] div>
Any person may bring an action for injunctive relief for a violation of sections 19203 and 19204 in addition to or instead of the penalties provided in this section. The applicant for injunctive relief under this section shall not be required to give security as a condition upon the issuance of the injunction. [1987, c. 539 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19207. Civil liability (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19207. Civil liability (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §19208. Proceedings

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 23: PUBLIC HEALTH (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr); 1989, c. 769, Pt. A, @32 (rpr))
Chapter 501: MEDICAL CONDITIONS (HEADING: PL 1987, c. 402, Pt. A, @76 (new); 1987, c. 443, @2 (new); 1987, c. 539 (rpr))

§19208. Proceedings

All proceedings brought pursuant to this chapter shall be closed to the public, unless the court orders otherwise with the consent of all parties. [1987, c. 811, §11 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

USA Statutes : maine