(1) Incident reports and investigations are confidential.

(2) An incident report is available to the department, the contractor and providers of necessary professional services for use relating to their responsibilities for the care and protection of the individual and the provision of services to the individual.

(3) An incident report or information contained therein may be made available to other governmental entities if those entities are responsible for the care and protection of the individual or the provision of services to the individual and the receipt of the incident report or information is necessary to the conduct of those responsibilities.

(4) Information in an incident report concerning an individual is available to the individual, to a legal guardian or legally responsible family member of the individual, or to an advocate designated by the individual or legal guardian or legally responsible family member. Information, however, need not be provided to a person who is an alleged or suspected perpetrator.

(5) An incident of abuse and neglect involving a child is subject to the confidentiality provisions of 41-3-205 , MCA. An incident of abuse, neglect and exploitation involving a person with a developmental disability is subject to the confidentiality provisions of 52-35-813 , MCA.