§ 15 §101-C — Access to records by persons or entities performing examinations or evaluations

1.
Written demand for records.
When a person or entity has been ordered to perform an examination or evaluation pursuant to section 101‑D, a diagnostic evaluation pursuant to section 3309‑A, a competency examination pursuant to section 3318‑A, an evaluation and treatment pursuant to section 3318‑B, or an examination of a juvenile with reference to insanity or abnormal condition of mind, and the person to be examined has sought the examination, joined in a request or order for the examination or has entered a plea or answer of not criminally responsible by reason of insanity, that person or entity may make written demand upon any individual, partnership, association, corporation, institution or governmental entity to produce the records or copies of the records, in whatever medium preserved, of the subject of the examination or evaluation.
2.
Production of records.
Any such entity from whom records are demanded pursuant to subsection 1 shall produce the records or copies of the records forthwith. The production shall be made notwithstanding any other law. No entity, or employee or agent of the entity, may be criminally or civilly responsible for furnishing any records in compliance with this section.
3.
Confidentiality of records.
Records provided under this section shall be confidential and shall not be disseminated by any person other than upon order of the court pursuant to a petition for release under section 104‑A or pursuant to an involuntary commitment proceeding under Title 34‑B, section 3864.
4.
Definition.
"Records" means information about a person, in whatever medium preserved. It includes, but is not limited to, medical histories, social histories, military histories, government histories, educational histories, drug and alcohol treatment histories, criminal record histories, penal institution histories and documentation pertaining to diagnosis or treatment.
5.
Failure to produce records.
A person who is required to produce records by this section and intentionally or knowingly fails to do so within 20 days of the service of the written request upon the person may be subject to civil contempt for the person's failure to comply with the request.

Legislative History

PL 1987, c. 402, §A109 (NEW). PL 1989, c. 621, §6 (AMD). PL 1989, c. 878, §H3 (AMD). PL 2009, c. 268, §2 (AMD). PL 2013, c. 234, §1 (AMD). RR 2021, c. 2, Pt. A, §31 (COR). RR 2023, c. 2, Pt. D, §4 (COR).