PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Require Notice to Municipal Officers of Violations of Emergency Medical Services Law and Rule
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §83, sub-§17-B  is enacted to read:
 
17-B.  Municipal officers.     "Municipal officers" means:
 
A.  The selectmen or councillors of a town; or
 
B.  The mayor and aldermen or councillors of a city.
Sec. 2.  32 MRSA §90-A, sub-§2-A  is enacted to read:
 
2-A.  Notice to municipal officers.     In any proceeding under this section regarding a violation of law or rule in connection with the provision of emergency medical services in a municipality, subject to the confidentiality provisions of section 91-B, the board shall notify the municipal officers of that municipality.
Sec. 3. 32 MRSA §91-B, sub-§2, ¶D, as enacted by PL 2011, c. 271, §19, is amended to read:
 
D. During the pendency of an investigation, a complaint or investigative record may be disclosed:
 
(1) To Maine Emergency Medical Services employees designated by the director;
 
(2) To designated complaint officers of the board;
 
(3) By a Maine Emergency Medical Services employee or complaint officer designated by the board to the extent considered necessary to facilitate the investigation;
 
(4) To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies;
 
(5) By the director, to the extent the director determines such disclosure necessary to avoid imminent and serious harm. The authority of the director to make such a disclosure may not be delegated;
 
(6) When it is determined, in accordance with rules adopted by the department, that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; or
 
(7) To the person investigated on request of that person. The director may refuse to disclose part or all of any investigative information, including the fact of an investigation, when the director determines that disclosure would prejudice the investigation. The authority of the director to make such a determination may not be delegated.; or
 
(8) To the municipal officers of a municipality in a proceeding in which notice is provided under section 90-A, subsection 2-A.
 
SUMMARY
This bill provides notice to the municipal officers of a municipality when the Emergency Medical Services' Board investigates or takes action with regard to a violation of law or rule in connection with the provision of emergency medical services in the municipality. The bill provides an exception to Emergency Medical Services' Board confidentiality protections when notice is given to municipal officers.