§ 10 §8012 — Legally protected health care activity

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Professional discipline prohibited.
Notwithstanding any provision of state law to the contrary and except as required by federal law, the commissioner; the Director of the Office of Professional and Occupational Regulation within the department; any agency, bureau, board or commission within or affiliated with the department; and the Department of Health and Human Services may not subject a covered health care practitioner to professional discipline based solely on:
3.
Confidentiality.
Notwithstanding any provision of state law to the contrary and except when public disclosure is authorized by federal law or another state law, the portions of a record of a conviction of a crime in this State or another state, any civil judgment, arbitration award or settlement agreement from this State or another state or professional discipline imposed in this State or another state that are in the possession of the commissioner; the Director of the Office of Professional and Occupational Regulation within the department; any agency, bureau, board or commission within or affiliated with the department; or, for a licensed electrologist, the Department of Health and Human Services are confidential to the extent that the criminal conviction, civil judgment, arbitration award or settlement agreement or professional discipline is based on the covered health care practitioner's engaging in legally protected health care activity or aiding and assisting legally protected health care activity.

Legislative History

PL 2023, c. 648, Pt. E, §1 (NEW).