An Act To Increase the Number of Mandated Reporters of Abuse, Neglect or Exploitation
Maine Legislature, Session 123, LD 2243
Committee: Judiciary
Sponsors: SIMPSON
Amends: 16 MRSA §53-A, 16 MRSA §53-C, 22 MRSA §4011-A

Legislative Document 
No. 2243 
H.P.1604 
House of Representatives, March 4,2008 
An Act To Increase the Number of Mandated Reporters of Abuse, 
Neglect or Exploitation 
Reference to the Committee on Judiciary suggested and ordered printed. 
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MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SIMPSON of Auburn. (GOVERNOR'S BILL) 
Pnnteu Oil recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 16 MRSA §53-A, sub-§2, as enacted by PL 1983, c. 319, is amended to 
read: 
2. Privileged communications. Except with regard to reporting, cooperating in an 
investigation or giving evidence pursuant to Title 22, chapter 958-A or 1071, or except at 
the request, or with the consent of, the victim of sexual assault, He .!! sexual assault 
counselor may not be required to testify in any civil or criminal action, suit or proceeding 
at law or in equity about any information whish he that the sexual assault counselor may 
have acquired in providing sexual assault counseling services. A sexual assault counselor 
or a rape crisis center may not be required to disclose to the court any records, notes, 
memoranda or documents containing confidential communications. When a court in the 
exercise of sound discretion 6eems determines the disclosure necessary to the proper 
administration of justice, He information communicated to, or otherwise learned by, that 
sexual assault counselor in connection with the provision of sexual assault counseling 
services may be is not privileged and disclosure may be required. 
Sec. 2. 16 MRS A §53-B, sub-§3, ~A, as enacted by PL 1995, c. 128, §1, is 
amended to read: 
A. 
When disclosure is required under Title 22, chapter 958-A or 1071 and that 
disclosure is in accordance with the provisions of that either chapter; 
Sec. 3. 16 MRSA §53-C, sub-§3, ~, as enacted by PL 1999, c. 369, §l, is 
amended to read: 
B. 
When disclosure is required under Title 22, chapter 958-A or 1071 and that 
disclosure is in accordance with that either chapter; 
Sec. 4. 22 MRS A §3477, sub-§I, ~A, as repealed and replaced by PL 2003, c. 
653, §9, is amended to read: 
A. 
While acting in a professional capacity: 
(1) An allopathic or osteopathic physician; 
(2) A medical intern; 
(3) A medical examiner; 
(4) A physician's assistant; 
(5) A dentist; 
(6) A chiropractor; 
(7) A podiatrist; 
(8) A registered or licensed practical nurse; 
(9) A certified nursing assistant; 
(10) A social worker; 
(11) A psychologist; 
(12) A pharmacist; 
(13) A physical therapist; 
(14) A speech therapist; 
(15) An occupational therapist; 
(16) A mental health professional; 
(17) A law enforcement official; 
(18) Emergency room personnel; 
(19) An ambulance attendant; 
(20) An emergency medical technician; 
(21) Unlicensed assistive personnel; 
(22) A humane agent employed by the Department of Agriculture, Food and 
Rural Resources; ef 
(23) 
A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(24) A sexual assault counselor; or 
(25) A family or domestic violence victim advocate; 
Sec.S. 22 MRSA §4011-A, sub-§l, ~A, as repealed and replaced by PL 2003, c. 
599, §8 and affected by §§9 and 14, is amended to read: 
A. 
When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or intern; 
(2) An emergency medical services person; 
(3) A medical examiner; 
(4) A physician's assistant; 
(5) A dentist; 
(6) A dental hygienist; 
(7) A dental assistant; 
(8) A chiropractor; 
(9) A podiatrist; 
(10) A registered or licensed practical nurse; 
(11) A teacher; 
(12) A guidance counselor; 
(13) A school official; 
(14) A children's summer camp administrator or counselor; 
(15) A social worker; 
(16) A court-appointed special advocate or guardian ad litem for the child; 
(17) A homemaker; 
(18) A home health aide; 
(19) A medical or social service worker; 
(20) A psychologist; 
(21) Child care personnel; 
(22) A mental health professional; 
(23) A law enforcement official; 
(24) A state or municipal fire inspector; 
(25) A municipal code enforcement official; 
(26) A commercial film and photographic print processor; 
(27) 
A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(28) A chair of a professional licensing board that has jurisdiction over mandated 
reporters; aHd 
(29) A humane agent employed by the Department of Agriculture, Food and 
Rural Resources; 
(30) A sexual assault counselor; and 
(31) A family or domestic violence victim advocate; 
SUMMARY 
This bill adds sexual assault counselors and family or domestic violence victim 
advocates to the list of mandated reporters of suspected abuse, neglect or exploitation to 
both the child protective unit and the adult protective unit within the Department of 
Health and Human Services. This bill creates an exception for each new reporter in the 
statutes that would otherwise govern client confidentiality in order to permit this 
mandatory reporting.