Confidentiality of Information - Me. Rev. Stat. tit. 34-B § 1207

Mental health information is confidential and privileged to the patient, except as provided for in the statute or other regulation.
 
Disclosure With Consent:
A patient, or alternatively if applicable, the patient’s legal guardian or parent if the patient is a minor, may consent in writing to the disclosure of information relating to their mental health treatment.
 
Disclosure Without Consent:
Confidential mental health information may be disclosed if necessary to carry out provisions of the health code. Information relating to the patient’s physical condition or mental state may be disclosed to the patient’s spouse or next of kin upon proper inquiry. Disclosure is permitted for reimbursement purposes.
 
Information may be disclosed for statistical and research purposes provided that the following requirements are met:
·         The mental health facility’s chief administrative officer approves the access
·         The intended recipient’s research plan is approved by the chief administrative officer
·         Patient-identifying information cannot be removed from the facility
Information may be disclosed to the commissioner for administration, planning or research if the following requirements are met:
·         A facility that receives funds from the department must respond to the commissioner’s request to enable the commissioner to perform their oversight duties
·         The commissioner may not publish or disseminate patient-identifying information
 
Mental health information may be disclosed to family, a close personal friend, or caretaker for purposes of facilitating that person’s role in taking care of the client provided that the client has consented, or the professional “may reasonably infer from the circumstances that the client does not object;” further, the professional must believe that it is in the client’s best interests to make the disclosure.
 
A mental health professional is obligated to disclose otherwise confidential information if it is necessary to “avert a serious and imminent threat to health or safety when the disclosure is made in good faith to any person, including a target of the threat, who is reasonably able to prevent or minimize the threat.”
 
Confidential information may be disclosed to law enforcement pursuant to 45 C.F.R. 164.512(f), or if the professional has reason to believe that a committed patient has access to firearms.
 
Finally, mental health information may be disclosed between providers for purposes of coordinating the client’s care, or to a payor to facilitate care.
 
Disclosure Pursuant to Court Order:
A court may order the disclosure of confidential mental health information, provided that the disclosure is subject to Maine Rule 503—“Health Care Professional, Mental Health Professional, and Licensed Counseling Professional--Patient Privilege.”