An Act Regarding the Admissibility of Certain Health Care Records as Evidence
Maine Legislature, Session 129, LD 1672
Committee: Judiciary
Sponsors: BAILEY
Amends: 16 MRSA §357

Legislative Document
No. 1672
H.P. 1199
House of Representatives, May 2, 2019
An Act Regarding the Admissibility of Certain Health Care Records 
as Evidence
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  16 MRSA §357, as amended by PL 2011, c. 335, §1, is repealed and the 
following enacted in its place:
§357.  Health care records and copies of records
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Health care entity" has the same meaning as in Title 22, section 1718-B, 
subsection 1, paragraph B.
B.  "Health care practitioner" has the same meaning as in Title 24, section 2502, 
subsection 1-A.
C.  "Health care provider" has the same meaning as in Title 24, section 2502, 
subsection 2.
D.  "Medical entity" means a health care entity, health care practitioner, health care 
provider, pharmacist or pharmacy.
E.  "Pharmacist" has the same meaning as in Title 32, section 13702-A, subsection 
22.
F.  "Pharmacy" has the same meaning as in Title 32, section 13702-A, subsection 24.
G.  "Records" includes itemized bills.
2.  Records admissible.  Records kept by medical entities licensed under the laws of 
this State and records that the court finds are required by the laws of any other state or 
territory, or the District of Columbia, or by federal laws and regulations pertaining to the 
Department of Defense and the Department of Veterans Affairs or kept by medical 
entities similarly conducted or operated or that offer treatment free of charge are 
admissible in the courts of this State as evidence of:
A.  The fair and reasonable charge for such services or the necessity of services or 
treatments;
B.  The diagnosis provided by the medical entity;
C.  The prognosis provided by the medical entity;
D.  The opinion provided by the medical entity regarding the proximate cause of the 
condition diagnosed by the medical entity; and
E.  The opinion provided by the medical entity regarding any disability or incapacity 
proximately resulting from the condition diagnosed by the medical entity.
The court shall admit copies of records if certified by the persons having custody of those 
records as being true and complete, but nothing contained in those records is admissible 
as evidence on the issue of liability. Copies of photographic or microphotographic 
records kept by medical entities, when duly certified by the person in charge of the 
medical entity, must be admitted in evidence equally with the original photographs or 
microphotographs.
3.  Results reflecting presence of alcohol, drugs.  Notwithstanding subsection 2, the 
result of a laboratory or any other test kept by a hospital or other medical facility that 
reflects an alcohol level, a detectable urine-drug level, a detectable blood-drug level or a 
drug concentration of either blood or urine may not be excluded as evidence in a criminal 
or civil proceeding by reason of any claim of confidentiality or privilege and may be 
admitted as long as the result is relevant and reliable evidence if the proceeding is one in 
which the operator of a motor vehicle, snowmobile, all-terrain vehicle or watercraft is 
alleged to have operated under the influence of intoxicating liquor or drugs and the court 
is satisfied that probable cause exists to believe that the operator committed the offense 
charged.
SUMMARY
This bill makes changes to the law governing the admissibility of health care records 
as evidence in court. It specifies that records, including itemized bills, kept by health care 
practitioners, health care entities, health care providers, pharmacists and pharmacies may 
be admissible in court as evidence of (1) the fair and reasonable charge for such services 
or the necessity of services or treatments; (2) the diagnosis provided by the medical 
entity; (3) the prognosis provided by the medical entity; (4) the opinion provided by the 
medical entity regarding the proximate cause of the condition diagnosed by the medical 
entity; and (5) the opinion provided by the medical entity regarding any disability or 
incapacity proximately resulting from the condition diagnosed by the medical entity.