An Act To Encourage Communication Regarding Persons with Mental Illness
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1711-C, sub-§6, ¶¶R and S, as enacted by PL 1999, c. 512, Pt. A, §5 and affected by §7 and c. 790, Pt. A, §§58 and 60, are amended to read:
R. To a member of the media who asks a health care facility about an individual by name, of brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3-B; and
S. To a member of the public who asks a health care facility about an individual by name, of the room number of the individual and brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3-B . ; and
Sec. 2. 22 MRSA §1711-C, sub-§6, ¶T is enacted to read:
T. To a family member or guardian who provides daily protection to an individual with a mental health diagnosis who withholds consent for disclosure of health care information because of the individual's compromised view of the individual's mental health. A health care practitioner may, without the consent of the individual, provide health care information that the health care practitioner reasonably believes is necessary for the health, safety or welfare of the individual or for the safety of others. A health care practitioner is not liable for failing to make a disclosure if the health care practitioner determines in good faith that there is no serious or imminent threat and the disclosure would interfere with providing effective care.
SUMMARY
This bill allows a health care practitioner to disclose health care information to the parent or guardian of an individual with a mental health diagnosis who withholds consent because of the individual's compromised view of that individual's mental health. A health care practitioner is not liable for failing to make a disclosure if the practitioner determines in good faith that there is no serious or imminent threat and the disclosure would interfere with providing effective care.