An Act To Improve Efficiency and Effectiveness of Early Intervention and Early Childhood Special Education for Children from Birth to Eight Years of Age through Improved Oversight, Accountability and Interagency Coordination
Maine Legislature, Session 123, LD 1850
Committee Amendment CA_A-SA_A_S296 (Senate)
Amends: 22 MRSA §1532, 22 MRSA §8824, 22 MRSA §8943

SENATE AMENDMENT ",14 "to COMMITTEE AMENDMENT "A" to S.P. 666, 
L.D. 1850, Bill, "An Act To Improve Efficiency and Effectiveness of Early Intervention 
and Early Childhood Special Education for Children from Birth to Eight Years of Age 
through Improved Oversight, Accountability and Interagency Coordination" 
Amend the amendment in Part A by inserting after section 6 the following: 
'Sec. A-7. 22 MRSA §1532, as enacted by PL 1983, c. 848, §2, is amended to 
read: 
§1532. Detection of cognitive disability 
The department may shall require hospitals, maternity homes and other maternity 
services to test newborn infants, or to cause them to be tested, for the presence of 
metabolic abnormalities whieR that may be expected to result in subsequent meBtal 
defieieBeies cognitive disabilities. The department shall promulgate adopt rules to define 
this requirement and the approved testing methods, materials, procedure and testing 
sequences. Reports and records of those making these tests may be required to be 
submitted to the department in accordance with departmental rules. The department may, 
on request, offer consultation, training and evaluation services to those testing facilities. 
The department shall adopt rules according to which it shall in a timely fashion refer 
newborn infants with confirmed metabolic abnormalities to the Child Development 
Services System as defined in Title 20-A, section 700 I, subsection I-A. The department 
shall also adopt rules according to which it shall in a timely fashion refer a newborn 
infant to the Child Development Services System if at least 6 months have passed since 
an initial positive test result of a metabolic abnormality without the specific nature of the 
metabolic abnormality'S having been confirmed. The department and the Department of 
Education shall execute an interagency agreement to facilitate all referrals in this section. 
In accordance with the interagency agreement, the Department of Education shall offer a 
single point of contact for the Department of Health and Human Services to use in 
making referrals. 
Also in accordance with the interagency agreement, the Child 
Development Services System may make direct contact with the families who are 
referred. The referrals may take place electronically. For purposes of quality assurance 
and improvement, the Child Development Services System shall supply to the department 
aggregate data at least annually on the number of children referred to the Child 
SENATE AMENDMENT 
" 
~ 
II 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 666, L.D. 1850 
Development Services System under this section who are found eligible for early 
intervention services and on the number of children found not eligible for early 
intervention services. In addition, the department shall supply data at least annually to 
the Child Development Services System on how many children in the metabolic 
abnormality detection program were screened and how many were found to have a 
metabolic disorder. The pfOvisisas of this seetisa shall requirement in this section that a 
newborn infant be tested for the presence of metabolic abnormalities that may be 
expected to result in subsequent cognitive disability does not apply to a child if the 
parents of a that child object to them on the grounds that the test conflicts with their 
religious tenets and practices. 
Sec. A-8. 22 MRSA §8824, sub-§l-A is enacted to read: 
I-A. Referral to Child Development Services System. The department shall adopt 
rules according to which it shall in a timely fashion refer children identified in subsection 
as having a high likelihood of having a hearing impairment to the Child Development 
Services System. The rules must also describe the timetables under which the department 
shall refer to the Child Development Services System children identified by the 
department in accordance with subsection 1 as having possible hearing impairment but 
for whom hearing impairment has been neither confirmed nor disconfirmed by 6 months 
of age. The Department of Education and the Department of Health and Human Services 
shall execute an interagency agreement under section 7213 to facilitate the referrals in 
this subsection. 
In accordance with the interagency agreement, the Department of 
Education shall offer a single point of contact for the Department of Health and Human 
Services to use in making referrals. Also in accordance with the interagency agreement, 
the Child Development Services System may make direct contact with the families who 
are referred. 
The referrals may take place electronically. 
For purposes of quality 
assurance and improvement, the Child Development Services System shall supply to the 
Department of Health and Human Services aggregate data at least annually on the 
number of children referred under this subsection who are found eligible for early 
intervention services and on the number of children found not eligible for early 
intervention services. 
Sec. A-9. 22 MRSA §8943, as enacted by PL 1999, c. 344, §l, is amended to 
read: 
§8943. Central registry 
The department shall establish and maintain a central registry for cases of birth 
defects to .accomplish the purposes of this chapter and facilitate research on birth defects. 
The submission of information to and distribution of information from the central registry 
are subject to the requirements of this chapter and other provisions of law. Information 
that directly or indirectly identifies individual persons contained within the registry is 
confidential and must be distributed from the registry in accordance with rules adopted by 
the department. The department shall adopt rules according to which it will in a timely 
fashion refer to the Child Development Services System children with confinned birth 
defects who may be eligible for early intervention. The department and the Department of 
Education shall execute an interagency agreement to facilitate the referrals under this 
section. In accordance with the interagency agreement, the Department of Education shall 
offer a single point of contact for the Department of Health and Human Services to use in 
SENATE AMENDMENT 
SENATE AMENDMENT 'A "to COMMITTEE AMENDMENT "A" to S.P. 666, L.D. 1850 
making referrals. 
Also in accordance with the interagency agreement. the Child 
Development Services System may make direct contact with the families who are 
referred. The referrals may take place electronically. For purposes of quality assurance 
and improvement, the Child Development Services System shall supply to the department 
aggregate data at least annually on the number of children referred under this section who 
were found eligible for early intervention services and on the number of children found 
not eligible for early intervention services. In addition, the department shall supply data 
at least annually to the Child Development Services System on how many children had 
data entered into the registry. For a child whose parent or legal guardian objects on the 
basis of sincerely held religious belief. the department may not require the reporting of 
information about that child to the central registry or enter into the central registry 
information regarding birth defects of a that child v.41Ose pareRt or legal gl:lardian objeets 
OR the llasis of siReerely held religiol:ls beliefs.' 
SUMMARY 
This amendment requires the Department of Education and the Department of Health 
and Human Services to develop rules, policies and written interagency agreements to 
assign responsibility for appropriate referrals from the Department of Health and Human 
Services to the Child Development Services System from the metabolic abnormality 
detection program, the newborn hearing program and the birth defects registry. 
SPONSORED BY: ~ 
fttrhi.ett k 
(Senator MITCHELL) 
COUNTY: Kennebec 
FISCAL )lOTE REQLlRED 
(See attached)_ 
SENATE AMENDMENT 
Approved: 06/11107 
~aC! 
LD 1850 
LR2513(03) 
An Act To Improve Efficiency and Effectiveness of Early Intervention and Early Childhood Special 
Education for Children from Birth to Eight Years of Age through Improved Oversight, Accountability 
and Interagency Coordination 
Fiscal Note for Senate Amendment "A " to Committee Amendment "A " 
Sponsor: Sen. Mitchell of Kennebec 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education to execute an interagency agreement with and to supply the required 
data to the Department of Health and Human Services can be absorbed within existing budgeted resources. Additi' 
costs to the Department of Health and Human Services can also be absorbed within budgeted resources . 
. 
: 
LR2S13(03) - Fiscal Note - Page 1 of I