Maine Revised Statutes Title 22 Sec. 3292 – Disclosure and use of confidential information; governing provisions
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Any information derived by the department in the course of carrying out its functions and deemed confidential by chapter 958?A or 1071 or section 7703 or 1828, which relates to a state employee or a person licensed, certified or registered by a licensing board as defined in section 3291 who is alleged to have engaged in any unlawful activity or professional misconduct, or in conduct in violation of laws or rules relating to a licensing board, may be disclosed to and used by the appropriate state agencies and licensing boards only in accordance with this chapter. The department, other state agencies and licensing boards shall comply with the following. [PL 1989, c. 175, §5 (AMD).]
1. Purpose for which disclosure is made. Any confidential information provided to a state agency, department or licensing board shall be used only for investigative and other action within the scope of the authority of that agency, department or licensing board and to determine whether the employee or the person licensed, certified or registered by the board has engaged in unlawful activity, professional misconduct or activities in violation of the laws or rules relating to the board.
[PL 1987, c. 714, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 3292
- Bureau: means the Office of MaineCare Services with respect to section 7703 and section 1828. See Maine Revised Statutes Title 22 Sec. 3291
- Confidential information: means information deemed confidential by chapters 958?A and 1071, and sections 7703 and 1828. See Maine Revised Statutes Title 22 Sec. 3291
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 3291
- Director: means the Director of the Office of Child and Family Services with respect to confidential information derived from chapters 958?A and 1071, and the Director of the Office of MaineCare Services or the Director of the Office of Child and Family Services with respect to confidential information derived from section 7703 and the Director of the Office of MaineCare Services with respect to confidential information derived from section 1828. See Maine Revised Statutes Title 22 Sec. 3291
- Licensing board: means a professional or occupational licensing board that licenses, certifies or registers a person in a profession or occupation which is included in the list of professional and occupational licensing boards in Title 5, section 12004?A. See Maine Revised Statutes Title 22 Sec. 3291
2. Designation of person to receive confidential information. State agencies, departments and licensing boards reasonably expected to be recipients of confidential information, as determined by the director of the bureau, shall designate a person to receive the confidential information for investigative purposes.
[PL 1987, c. 714, §2 (NEW).]
3. Limitations on disclosure. Disclosure is limited to information which is directly related to the matter at issue. The identity of reporters and other persons shall not be disclosed except as necessary and relevant. Access to the information shall be limited to parties, parties’ representatives, counsel of record and the hearing officers responsible for the determinations. The information shall be used only for the purpose for which the release was intended.
[PL 1987, c. 714, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW). PL 1989, c. 175, §5 (AMD).