Maine § 10 §8003-B Confidentiality of investigative records

Maine Statutes

§ 10 §8003-B — Confidentiality of investigative records

Maine·Title 10 COMMERCE AND TRADE·Part 9 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

1.During investigation. Unless otherwise provided by Title 24, chapter 21, all complaints and investigative records of the licensing boards, commissions and regulatory functions within or affiliated with the Department of Professional and Financial Regulation are confidential during the pendency of an investigation. Those records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this section, an investigation is concluded when:

2.Exceptions. Notwithstanding subsection 1, during the pendency of an investigation, a complaint or investigative record may be disclosed: 2-A. Certain client records confidential. Notwithstanding subsections 1 and 2, a treatment record provided to a licensing board or c

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1.
During investigation.
Unless otherwise provided by Title 24, chapter 21, all complaints and investigative records of the licensing boards, commissions and regulatory functions within or affiliated with the Department of Professional and Financial Regulation are confidential during the pendency of an investigation. Those records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this section, an investigation is concluded when:
2.
Exceptions.
Notwithstanding subsection 1, during the pendency of an investigation, a complaint or investigative record may be disclosed:
2-A.
Certain client records confidential.
Notwithstanding subsections 1 and 2, a treatment record provided to a licensing board or commission or in connection with a regulatory function within or affiliated with the department during investigation of a person licensed by the department in a medical, mental health, substance use disorder, psychological or health field that contains information personally identifying a licensee's client or patient is confidential during the pendency of the investigation and remains confidential upon the conclusion of the investigation. A treatment record may be disclosed only if:
3.
Attorney General records.
The provision or disclosure of investigative records of the Department of the Attorney General to a departmental employee designated by the commissioner or to a complaint officer of a board or commission does not constitute a waiver of the confidentiality of those records for any other purposes. Further disclosure of those investigative records is subject to Title 16, section 804 and the discretion of the Attorney General.
4.
Violation.
A person who knowingly or intentionally makes a disclosure in violation of this section or who knowingly violates a condition of a release pursuant to subsection 2‑A commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged.

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Legislative History

PL 1989, c. 173 (NEW). PL 1993, c. 552, §§1,2 (AMD). PL 1993, c. 719, §4 (AMD). PL 1993, c. 719, §12 (AFF). PL 1999, c. 386, §B6 (AMD). PL 1999, c. 687, §§C10,11 (AMD). PL 2001, c. 345, §1 (AMD). PL 2009, c. 465, §§1, 2 (AMD). PL 2013, c. 267, Pt. B, §4 (AMD). PL 2017, c. 407, Pt. A, §50 (AMD).