§91-A. Appeals of nondisciplinary actions and refusals to issue

Any person or organization aggrieved by the decision of the staff or a subcommittee of the board in waiving the application of any rule, in modifying or refusing to issue or renew a license, in taking any disciplinary nondisciplinary action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or rules adopted pursuant to this chapter or in refusing to issue a license may appeal the decision to the board for a final decision. The staff's or subcommittee's decision stands until the board issues a decision to uphold, modify or overrule the staff's or subcommittee's decision. In the case of nonrenewal, the person or organization must be afforded an opportunity for hearing in accordance with this chapter and the Maine Administrative Procedure Act.

Any person or organization aggrieved by a final decision of the board in waiving the application of any rule, in refusing to issue or renew a license, in taking any disciplinary action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or any rule adopted pursuant to this chapter may appeal the board's decision to the Superior Court in accordance with A final decision of the board constitutes final agency action appealable pursuant to Title 5, chapter 375, subchapter VII 7.

Sec. 4. 32 MRSA §92, first ¶, as amended by PL 2001, c. 229, §10, is further amended to read:

All complaints and investigative records of the board are confidential during the pendency of an investigation. Any reports, information or records provided to the board or department pursuant to this chapter must be provided to the licensee and are confidential insofar as the reports, information or records identify or permit identification of any patient, provided that the.__The board may disclose any confidential information as follows.

Sec. 5. 32 MRSA §92, sub-§§3 and 4, as enacted by PL 2001, c. 229, §10, are amended to read:

3. Investigations. All complaints and investigative records of the board are confidential during the pendency of an investigation. Those Investigative records and complaints become public records upon the conclusion of an investigation unless