Sec. 1. 22 MRSA §1711-C, sub-§1, ķE, as amended by PL 1999, c. 512, Pt. A, §5 and affected by §7, is further amended to read:

E. "Health care information" means information that directly identifies the individual and that relates to an individual's physical, mental or behavioral condition, personal or family medical history or medical treatment or the health care provided to that individual. "Health care information" does not include information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals. The Board of Directors of the Maine Health Data Organization shall adopt rules to define health care information that directly identifies an individual. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2- A.

"Health care information" does not include information that is created or received by a member of the clergy or other person using spiritual means alone for healing as provided in Title 32, sections 2103 and 3270.

"Health care information" includes professional competence review records under Title 24, chapter 21 that directly identify the individual.

Sec. 2. 24 MRSA §2510-A, sub-§5 is enacted to read:

5.__Patient's health care information.__Notwithstanding provisions of this chapter to the contrary, a patient's health care information under Title 22, chapter 401 includes professional competence review records that directly identify the patient, and the professional competence committee shall ensure that such records are included in the patient's medical information records to which the patient has access.

Sec. 3. 24 MRSA §2853, sub-§3-A is enacted to read:

3-A.__Access to claimant's physician.__The person or persons accused of professional negligence and their counsel may not contact the claimant's physician except as authorized by the claimant's counsel.