An Act To Clarify Departmental Reporting Requirements for Developmental Disability Prevention Activities
Maine Legislature, Session 121, LD 1940
Amends: 22 MRSA §3573

Legislative Document 
No. 1940 
H.P.1437 
House of Representatives, March 18,2004 
An Act To Clarify Departmental Reporting Requirements for 
Developmental Disability Prevention Activities 
Reported by Representative KANE of Saco for the Joint Standing Committee on Health 
and Human Services pursuant to Resolve 2003, chapter 69 and Resolve 2003, chapter 101, 
section 3. 
Printed on recycled paper 
111~ 
111.1i!~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3573, as amended by PL 2001, c. 354, § 3, is 
repealed and the following enacted in its place: 
§3573. Reporting 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Developmental 
disability" 
means 
a 
disability 
attributable 
to 
a 
mental 
or 
physical 
impairment 
or 
combination of mental and physical impairments that: 
Is manifested before the person reaches 22 years 
of age; 
(2) 
Is likely to continue indefinitely; 
(3) 
Results in substantial functional limitations in 3 
or more of the following areas of major life activity: 
(a) 
Self-care; 
(b) 
Receptive and expressive language; 
( c) 
Learning; 
(d) 
Mobility; 
(e) 
Self-direction; 
(f) 
Capacity for independent living; and 
(g) 
Economic self-sufficiency. 
.A person from birth through 9 years of age who has a 
substantial developmental delay or specific congenital 
or acquired condition may 
be 
considered to 
have 
a 
developmental 
disability without 
meeting 
of 
the 
criteria stated in this subparagraph if there is a high 
probability that the person will meet those cd ter ia 
later in life if services and supports are not provided 
to the person; and 
(4) 
Reflects the person's need for a combination and 
sequence of special, interdisciplinary or generic care, 
treatment or other services that are of a lifelong or 
Page l-LR2840(1) 
extended duration 
and 
are 
individually planned 
and 
coordinated. 
B. 
"Mental and physical impairments" include, but are not 
limited to, 
the following conditions: mental retardation, 
autism, cerebral palsy, Asperger syndrome, mental illness, 
Prader-Willi syndrome and epilepsy. 
2. 
Reporting 
r~uirements. 
The 
Department 
of 
Human 
Services, Department of Behavioral and Developmental Services and 
Department of Education shall by January 15th of each year submit 
a joint report to the joint standing committee of the Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services 
matters 
regarding activities conducted over the past fiscal year related 
to the prevention of developmental disabilities and underlying 
mental and physical impairments and plans for such activities in 
the succeeding year. The report must also include data on the 
incidence rate of births of developmentally disabled children in 
the State. 
3. 
Limitation. 
The provisions of thi,s section may not be 
interpreted to expand or otherwise affect the requirements of the 
Department of Behavioral and Developmental Services to provide 
services to children and families under section 3571. subsection 
or under Title 34-B. 
SUMMARY 
This bill, which implements the recommendations of the Maine 
Developmental 
Disabilities 
Council, 
amends 
the 
reporting 
requirements for the Department of Human Services, the Department 
of Behavioral and Developmental Services and the Department of 
Education 
relating 
to 
the 
prevention 
of 
developmental 
disabilities. 
The 
bill 
enacts 
definitions 
of 
developmental 
disabilities and mental and physical impairments for the purposes 
of reporting requirements, 
and it clarifies the scope of the 
required annual 
report. 
The bill explicitly states that the 
provisions of this section may not be interpreted to expand or 
otherwise affect the requirements of the Department of Behavioral 
and Developmental Services to provide services to children and 
families.