An Act To Clarify the Responsibilities under the Adult Protective Services Act LR 2644(02)
Maine Legislature, Session 121, LD 1765
Committee Amendment CA_A_H887 (House)
Amends: 22 MRSA §3471, 22 MRSA §3477, 22 MRSA §3480-A

12lST LEGISLATURE 
COMMITTEE AMENDMENT ,4, to H.P. 1287, 
To Clarify the Responsibilities under 
L.D. 1765, Bill, "An 
the Adult Protective 
Services Act" 
Amend the bill by inserting after the enacting clause and 
before section 1 the following: 
'Sec. 1. 22 MRSA §3471, as amended by PL 1991, c. 711, §1, is 
further amended to read: 
§347l. Declaration of policy and leqislative intent 
The Legislature recognizes that many adult citizens of the 
State, because of incapacitation or dependency, 
are unable to 
manage their own affairs or to protect themselves from abuse, 
neglect or exploitation. Often these persons 
eaRRe~ can not find 
others able or willing to render assistance. 
The Legislature 
intends, through this Act, to establish a program of protective 
services designed to fill this need and to aSStlFe ensure its 
availability to all incapacitated and dependent adults who are 
faced with abuse, neglect, exploitation or the substantial risk 
of abuse, neglect or exploitation. It is also the intent of the 
Legislature to authorize only the least possible restriction on 
the exercise of personal and civil rights consistent with the 
person's need for services and to require that due process be 
followed in imposing those restrictions. 
Any requirements for 
disclosure 
of 
information 
contained in this 
chapter 
do 
not 
supersede federal law if federal law prohibits the disclosure of 
such information in the manner as set forth in this chapter.' 
Page l-LR2644(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ;?}" to H.P. 1287, L.D. 1765 
Further amend the bill in section 8 by striking out all of 
first 3 lines (page 5, lines 33 to 35 in L.D.) and inserting in 
their place the following: 
'Sec. 8. 22 MRSA §3477, sub-§l, as amended by PL 2003, c. 599, 
§7 and affected by §9, is repealed and the following enacted in 
its place:' 
Further amend the bill by inserting after section 9 the 
following: 
'Sec. 10. 22 MRS A §3477, sub-§3, as enacted by PL 1981, c. 
705, Pt. E, §2, is amended to read: 
3. 
Confidentiality in case of treatment of individual 
suspected of causing 
abuse, 
neglect or exploitation. 
This 
section does not require any person acting in eRe~~ that person's 
professional 
capacity 
to 
report 
when 
all 
of 
the 
following 
requirements are met: 
abuse, 
this 
the 
A. 
The 
factual basis for 
knowing or suspecting 
neglect or exploitation of an adult covered under 
subchapter derives from the professional's treatment of 
individual 
suspected 
of 
causing 
the 
abuse, 
neglect 
exploitation; 
or 
B. 
The treatment was sought by the individual for a problem 
relating to the abuse, neglect or exploitation; and 
C. 
In the opinion of the person required to report, the 
abused, neglected or exploited adult's life or health is not 
immediately threatened. 
Sec. II. 22 MRSA §3477, sub-§4 is enacted to read: 
4. 
Confidentiality in case of treatment of individual 
sus,pected of being abused, neglected or e:qlloited. 
This section 
does not require any person acting in that person's professional 
capacity to report when all of the following requirements are met: 
A. 
The factual basis for 
knowing or suspecting abuse, 
neglect or exploitation of an adult covered under this 
subchapter derives from the professional's treatment of the 
individual suspected of being abused, neglected or exploited: 
B. 
The treatment was sought by the individual for a problem 
relating to the abuse, neglect or exploitation: and 
COMMITTEE AMENDMENT 
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~ 
~. 
COMMITTEE AMENDMENT ,A" to H.P. 1287, L.D. 1765 
C. 
In the opinion of the person required to report, the 
individual is not incapacitated and the individual's life or 
health is not immediately threatened. ' 
Further amend the bill by striking out all of section 13 and 
inserting in its place the following: 
'Sec. 13. 22 MRSA §3480-A is enacted to read: 
§3480-A. Confidential communications 
The confidential quality of communications under section 
1711-C, Title 24 A, section 4224 and Title 32, sections 1092-A 
and 7005 is abrogated to the extent allowable under federal law 
in relation 
to 
required 
reporting 
or 
cooperating 
with 
the 
department in an investigation or other protective activity under 
this chAPter. 
Information releAsed to the department pursuant to 
this section must be kept confidential and may not be disclosed 
by the department except as provided in section 3474.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This 
amendment 
adds 
language 
to 
the 
adult 
protective 
services program policy and legislative intent provisions to make 
it clear 
that 
federal 
confidentiality 
protections 
supersede 
conflicting state 
requirements 
to 
report 
abuse, 
neglect 
or 
exploitation of incapacitated or dependent adults. 
Current law gives a professional treating an individual who 
is known or suspected of causing abuse, neglect or exploitation 
of an incapacitated or dependent adult discretion as to whether 
to make a report to the Department of Human Services if certain 
requirements are met. 
This amendment extends that discretion in 
situations in which the individual being treated is the known or 
suspected victim of the abuse, neglect or exploitation. 
The 
report is not required if the same requirements are satisfied 
and, 
in 
the 
professional's 
opinion, 
the 
individual 
is 
not 
incapacitated. 
This 
amendment 
abrogates 
the 
confidential 
quality 
of 
communications provided by statute with regard to hospitals, 
health maintenance organizations, dentists and social workers to 
the extent authorized under federal law in relation to required 
reporting or cooperating with the department in an investigative 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,;t:, to H.P. 1287, L.D. 1765 
or other protective activity. 
Information received can not be 
further disclosed except as provided by law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/05/04 Jtivae. 
Office of Fiscal and Program Review 
LD 1765 
An Act To Clarify the Responsibilities under the Adult Protective 
Services Act 
LR 2644(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Human Services in implementing this legislation can be absorbed by the 
department utilizing existing budgetary resources. 
LR2644(2) - Fiscal Note - Page 1 of 1