An Act To Amend the Laws Relating to Medical Certification of the Cause of Death and the Medical Examiner Act and To Create the Maine Elder Death Analysis Review Team Further
Maine Legislature, Session 121, LD 1211
Committee Amendment CA_A_H493 (House)
Amends: 5 MRSA §200-H

COMMITTEE AMENDMENT "f/" to H.P. 885, 
Act To Amend the Laws Relating to Medical 
Cause of Death and the Medical Examiner Act" 
L.D. 1211, Bill, "An 
Certification of the 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Laws Relating to Medical Certification of 
the Cause of Death and the Medical Examiner Act and To Create the 
Maine Elder Death Analysis Review Team' 
Further 
amend the bill by inserting after the enacting 
clause and before section 1 the following: 
'Sec. 1. 5 MRSA §200-H is enacted to read: 
§200-H. 
Maine Elder Death Analysis Review Team 
There is created. within the Office of the Attorney General. 
the Maine Elder Death Analysis Review Team. referred to in this 
section as "the team." 
1. 
Composition. 
The team is composed of 13 members as 
follows: 
A. 
The Chief Medical Examiner. ex officio: 
B. 
The Director of Investigations for the Office of the 
Attorney General. ex officio; 
C. 
The 
Director 
of 
the 
Division 
of 
Licensing 
and 
Certification within 
the 
Department 
of 
Human 
Services. 
Bureau of Medical Services. ex officio: 
Page l-LRl8l7(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fr· to H.P. 885, L.D. 1211 
D. 
The Director of the Health Care Crimes Unit within the 
Office of the Attorney General, ex officio; 
E. 
The Director of Community Resource Development wi thin 
the Department of Human Services, Bureau of Elder and Adult 
Services, ex officio; 
F. 
The Director of the Adult Protective Services program 
within the Department of Human Services, Bureau of Elder and 
Adult Services, ex officio; 
G. 
The Director of Adult Mental Health Services within the 
Department of Behavioral 
and 
Developmental 
Services, 
ex 
officio; 
H. 
The executive director of the long-term care ombudsman 
program, 
as 
established 
in 
Title 
22, 
section 
5106, 
subsection II-C. ex officio: 
I. 
A representative of victim services, appointed by the 
Attorney General; 
J. 
A 
commanding officer of 
the 
Criminal 
Investigation 
Diyision within the Department of Public Safety. Bureau of 
the State Police. appointed by the Attorney General; 
K. 
A prosecutor. nominated by a statewide association of 
prosecutors and appointed by the Attorney General: 
L. 
A police chief. nominated by a statewide association of 
chiefs of police and appointed by the Attorney General: and 
M. 
A sheriff. 
nominated by 
a 
statewide association of 
sheriffs and appointed by the Attorney General. 
2. 
Designees: terms of office. 
An ex officio member may 
appoint a designee to represent the ex officio member on the 
team. 
A designee. once appointed, gualifies as a full voting 
member of the team who may hold office and enjoy a11 the other 
rights and privileges of full membership on the team. 
All of the 
appointed members of the team serve for a term of 3 years. 
Any 
vacancy on the team must be fi11ed in the Same manner as the 
original appointment, but for the unexpired term. 
3. 
Meetings: officers. 
The team shall meet at such time or 
times as may be reasonably necessary to carry out its duties. but 
it sha11 meet at least once in each calendar guarter at such 
place and time as the team det.ermines. and it sha11 meet at the 
ca11 of the chair. 
The Attorney General sha11 ca11 the first 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fr· to H.P. 885, L.D. 1211 
meeting 
before 
January 
1, 
2004. 
The 
team 
shall 
organize 
initially and thereafter annually by electing a 
chair and 
a 
vice chair from among its members. 
The vice chair shall also 
serve as secretary. 
4. 
Powers and duties. 
The team shall examine deaths and 
serious injuries associated with suspected abuse or neglect of 
elderly adults 
and vulnerable adults. 
The 
purpose 
of 
such 
examinations 
is 
to 
identify whether 
systems 
that 
have 
the 
responsibility to assist or protect victims were sufficient for 
the particular circumstances or whether 
such systems require 
adjustment or improvement. 
The team shall recommend methods of 
improving the 
system for protecting persons 
from 
abuse 
and 
neglect, including modifications of statutes, rules. training and 
policies and procedures. 
5. 
Access to information and records. 
In any case subject 
to review by the team, upon oral or written request of the team. 
notwithstanding any other 
prov~s~on of law. 
any person that 
possesses information or records that are necessary and relevant 
to a team review shall as soon as practicable provide the team 
with 
the 
information 
and 
records. 
Persons 
disclosing 
or 
providing information or records upon request of the team are not 
criminally 
or 
civilly 
liable 
for 
disclosing 
or 
providing 
information or records in compliance with this subsection. 
6. 
Confidentiality. 
The proceedings and records of the 
team are confidential and are not subject to subpoena. discovery 
or introduction into evidence in a civil or criminal action. 
The 
Office of the Attorney General shall disclose conclusions of the 
review team 
upon 
request, 
but may 
not disclose information. 
records or data that are otherwise classified as confidential.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment creates the Maine Elder Death Analysis Review 
Team to examine deaths 
and serious injuries associated with 
suspected abuse or neglect of elderly adults 
and vulnerable 
adults. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/14/03 ~ac 
Office of Fiscal and Program Review 
LD 1211 
An Act To Amend the Laws Relating to Medical Certification of the 
Cause of Death and the Medical Examiner Act 
LR1817(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: .Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1817(2) - Fiscal Note - Page 1 of 1