An Act To Permit Mental Health Professionals To Disclose Risks to People Likely To Be Harmed by a Patient
Maine Legislature, Session 123, LD 1119
Committee Amendment CA_A_S189 (Senate)
Amends: 34-B MRSA §1207

COMMITTEE AMENDMENT "A " to S.P. 371, L.D. 1119, Bill, "An Act To 
Permit Mental Health Professionals To Disclose Risks to People Likely To Be Harmed 
by a Patient" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34-B MRSA §1207, sub-§4, as enacted by PL 1983, c. 459, §7, is 
repealed. 
Sec. 2. 34-B MRSA §1207, sub-§4-A is enacted to read: 
4-A. Violation. Disclosure of client information in violation of this section is an 
offense under the licensing standards of the mental health professional committing the 
violation and must be promptly reported to the licensing board with jurisdiction for 
review, hearing and disciplinary action. 
Sec. 3. 34-B MRSA §1207, sub-§5, as amended by PL 1995, c. 560, Pt. K, §19, 
is repealed. 
Sec. 4. 34-B MRSA §1207, sub-§5-A is enacted to read: 
5-A. 
Disclosure to family, caretakers. Under the following circumstances, a 
licensed mental health professional providing care to an adult client may disclose to a 
family member, to another relative, to a close personal friend or caretaker of the client or 
to anyone identified by the client, the client's health information that is directly relevant 
to the person's involvement with the client's care. 
A. 
If a client with capacity to make health care decisions is either present or 
available prior to disclosure, the professional may disclose the information: 
(I) When the client gives oral or written consent; 
(2) When the client does not object in circumstances in which the client has the 
opportunity to object; or 
COMMITTEE AMENDMENT 
~." 
COMMITTEE AMENDMENT:A .. to S.P. 371, L.D. 1119 
(3) When the professional may reasonably infer from the circumstances that the 
client does not object. 
B. The professional may disclose the information if in the professional's judgment it 
is in the client's best interests to make the disclosure and the professional determines 
either that the client lacks the capacity to make health care decisions or an emergency 
precludes the client from participating in the disclosure. 
Sec. 5. 34-B MRSA §1207, suh-§6, as enacted by PL 1997, c. 422, §2, IS 
repealed. 
Sec. 6. 34-B MRSA §1207, suh-§6-A is enacted to read: 
6-A. Disclosure of danger. A licensed mental health professional may disclose 
protected health information that the professional believes is necessary to avert a serious 
and imminent threat to health or safety when the disclosure is made in good faith to any 
person, including a target of the threat, who is reasonably able to prevent or minimize the 
threat.' 
SUMMARY 
This amendment replaces the bill but carries out the original intent to allow a mental 
health professional to disclose protected health information about a patient when 
necessary to avert a serious and imminent threat to health or safety if the disclosure is 
made in good faith and to a person who is reasonably able to prevent or minimize the 
threat. It also allows a mental health professional to disclose a client's mental health 
information to a family member, to another relative, to a close personal friend or 
caretaker or to anyone identified by the client in circumstances consistent with disclosure 
under the federal Health Insurance Portability and Accountability Act. 
This amendment repeals the designation as a Class D crime for violations and instead 
provides that a violation of the section subjects a mental health professional to the 
disciplinary procedures under the regulatory requirements for that profession. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/22/07 ;:!;r?ac:.. 
LD 1119 
LR 1409(02) 
An Act To Permit Mental Health Professionals To Disclose Risks to People Likely To Be Harmed by a 
Patient 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ';4 " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with changing the laws governing the disclosure of patient information can be 
absorbed by the Department of Health and Human Services utilizing existing budgeted resources. 
LR1409(02) - Fiscal Note - Page 1 of 1