An Act To
Maine Legislature, Session 129, LD 1746
Committee Amendment CA_B_S304 (Senate)
Amends: 22 MRSA §1711-B

COMMITTEE AMENDMENT "8 " to S.P. 580, L.D. 1746, Bill, "An Act To 
Amend the Licensing Laws of Certain Professions and Occupations" 
Amend the bill in Part A in section 2 in paragraph A by striking out all of 
subparagraph (12) (page 2, lines 5 to 7 in L.D.) and inserting the following: 
'(12) Failure of an individual subject to Title 22, section 1711 or Title 22, section 
1711-B to provide to a patient. upon written request. a copy of that patient's 
treatment records in accordance with the reguirements of Title 22. section 1711 
or Title 22, section 1711-B. whicheveris applicable.' 
Amend the bill by inserting after Part Ethe following: 
'PARTF 
Sec. F-1. 22 MR.SA §1711, first and 2nd ,r,r, as amended by PL 1997, c. 793, 
Pt. A, § 1 and affected by § 10, are further amended to read: 
If a patient of an institution licensed as a hospital by the State, after discharge from 
such institution, makes written request for copies of the patient's medical records, the 
copies must, if available, be made available to the patient in accordance with the 
reguirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a hospital 
not subject to the reguirements of 45 Code of Federal Regulations, Section 164.524 
(2019) within a reasonable time unless, in the opinion of the hospital, it would be 
detrimental to the health of the patient to obtain the records. If the hospital is of the 
opinion that release of the records to the patient would be detrimental to the health of the 
patient, the hospital shall advise the patient that copies of the records will be made 
available to the patient's authorized representative upon presentation of a proper 
authorization signed by the patient. The hospital may exclude from the copies of medical 
records released any information related to a clinical trial sponsored, authorized or 
regulated by the federal Food and Drug Administration. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to S.P. 580, L.D. 1746 ( S, ·-._501..,0 
If an authorized representative for a patient requests, in writing, that a hospital 
provide the authorized representative with a copy of the patient's medical records and 
presents a proper authorization from the patient for the release of the information, copies 
must be provided to the authorized representative in accordance with the requirements of 
Code of Federal Regulations, Section 164.524 (2019) or for a hospital not subject to 
the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a 
reasonable time. 
Sec. F-2. 22 MRSA §1711-B, sub-§2, as amended by PL 1997, c. 793, Pt. A, §4 
and affected by § 10, is further amended to read: 
2. Access. Upon written authorization executed in accordance with section 1711-C, 
subsection 3, a health care practitioner shall release copies of all treatment records of a 
patient or a narrative containing all relevant information in the treatment records to the 
patient. The health care practitioner may exclude from the copies of treatment records 
released any personal notes that are not directly related to the patient's past or future 
treatment and any information related to a clinical trial sponsored, authorized or regulated 
by the federal Food and Drug Administration. The copies or narrative must be released to 
the designated person in accordance with the requirements of 45 Code of Federal 
Regulations, Section 164.524 (2019) or for a health care practitioner not subject to the 
requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a 
reasonable time. 
If the practitioner believes that release of the records to the patient is detrimental to the 
health of the patient, the practitioner shall advise the patient that copies of the treatment 
records or a narrative containing all relevant information in the treatment records will be 
made available to the patient's authorized representative upon presentation of a written 
authorization signed by the patient. The copies or narrative must be released to the 
authorized representative in accordance with the requirements of 45 Code of Federal 
Regulations, Section 164.524 (2019) or for a health care practitioner not subject to the 
requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a 
reasonable time. 
Except as provided in subsection 3, release of a patient's treatment records to a person 
other than the patient is governed by section 1711-C.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the language that allows an office, board or commission to 
discipline a licensee for failure to provide treatment records in a reasonable amount of 
time to instead reference the Maine Revised Statutes, Title 22, section 1711 and Title 22, 
section 1711-B. The amendment amends Title 22, section 1711 and Title 22, section 
1711-B to reference the requirements of the federal Health Insurance Portability and 
Accountability Act of 1996 regarding access to patient records. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/19 ;'b/ae.. 
LD 1746 
LR2369(03) 
An Act To Amend the Licensing Laws of Certain Professions and Occupations 
Fiscal Note for Bill as Amended by Committee Amendment'~(__ S ·3u-J') 
Committee: Innovation, Development, Economic Advancement and Business 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Department of Professional and Financial Regulation, Office of Professional and Occupational 
Regulation to implement the requirements of this legislation can be absorbed within existing budgeted resources. 
LR2369(03) - Fiscal Note - Page 1 of 1