Sec. D-1. 24 MRSA §2509, sub-§2, as enacted by PL 1977, c. 492, §3, is amended to read:
2. Reports dismissed without disciplinary action; removal and destruction. Upon determination by If the board that dismisses any report submitted to it is without merit without imposing disciplinary action, the report shall must be removed from the physician's individual historical record and destroyed, unless the report has been placed on file for a specified amount of time pursuant to Title 10, section 8003, subsection 5, paragraph E. Reports placed on file pursuant to Title 10, section 8003, subsection 5, paragraph E may only be removed and destroyed upon the expiration of the specified amount of filing time.
Sec. D-2. 24 MRSA §2509, sub-§6, as amended by PL 1991, c. 534, §1, is further amended to read:
6. Court action for amendment or destruction. A With the exception of orders of the board relating to disciplinary action, and reports placed on file for a specified amount of time pursuant to Title 10, section 8003, subsection 5, paragraph E, a physician has the right to seek through court action pursuant to the Maine Rules of Civil Procedure the amendment or destruction of any part of that physician's historical record in the possession of the board. When a physician initiates court action under this subsection, the board shall notify the persons who have filed complaints of the physician's request to amend these complaints or expunge them from the record. Notice to complainants must be sent to the last known address of the complainants. The notice must contain the name and address of the court to which a complainant may respond, the specific change in the complaint that the physician is seeking or the complaint that the physician seeks to expunge, and the length of time that the complainant has to respond to the court. The board shall provide complainants with at least 60 days' notice from the date the notice is sent in which to respond.
Sec. D-3. 24 MRSA §2509, sub-§7, as repealed and replaced by PL 1991, c. 534, §2, is repealed.
Sec. D-4. 24 MRSA §2510, sub-§2-A is enacted to read:
2-A. Confidentiality of letters of guidance or concern. Letters of guidance or concern issued by the board pursuant to Title 10, section 8003, subsection 5, paragraph E, are not confidential.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
