Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 32 MRSA §2109-A is enacted to read:
Sec. 2. 32 MRSA §2600-E is enacted to read:
Sec. 3. 32 MRSA §3300-H is enacted to read:
This amendment is the majority report of the Joint Standing Committee on Judiciary. It replaces the bill but retains the basic concept of protecting information in applicants' and licensees' records held by medical licensing boards when the records are requested to be inspected or copied.
This amendment revises terminology to refer to an applicant's or licensee's record rather than a licensing file as in the bill. It requires that the acknowledgement that the licensing board must send to a requester that a request for a record has been received include a description of the review process provided to the applicant or licensee, including the fact that all or part of the record may be withheld if the board finds that disclosure of all or part of the redacted record creates a risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party.
The amendment extends the time for the licensing board to review the applicant's or licensee's petition to withhold all or part of the record from 30 days in the bill to 60 days.
It allows an applicant or licensee who does not agree with the licensing board's decision to seek an injunction in Superior Court.
It clarifies that the restriction on releasing an applicant's or licensee's record does not apply to requests for records from other governmental licensing or disciplinary authorities or from any health care providers located within or outside this State that are concerned with granting, limiting or denying an applicant's or licensee's employment or privileges.
FISCAL NOTE REQUIRED