An Act To Ensure Health Care Practitioners Understand and Screen for pomestic Abuse for Pregnant Women and New Mot,hers
Maine Legislature, Session 124, LD 1116
Committee: Health and Human Services
Sponsors: MORRISON, BLISS, BOLAND, FLAHERTY, KAENRATH, RUSSELL
Amends: 22 MRSA §263

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLA URE 
. ~egislative Document 
No. 1116 
H.P.771 
House of Representatives, Marcb 
An Act To Ensure Health Care Practitioners Understand and 
Screen for pomestic Abuse for Pregnant Women and New Mot,hers 
2009 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
114~ 
1n.1ll!LC~WM4( 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MORRISON of South Portland. (BY REQUEST) 
Cosponsored by Senator BLISS of Cumberland and 
Representatives: BOLAND of Sanford, FLAHERTY of Scarborough, KAENRATH of South 
. Portland, MacDONALD of Boothbay, RUSSELL of Portland, STEVENS of~angor. 
Pl'intt:d l'n recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. I. 22 MRSA §263 is enacted to read: 
§263. Domestic abuse screening and education 
The department, the Board- of Licensure in' Medicine, the Board of Osteopathic 
Licensure and the State Board of Nursing shall develop policies and procedures and adopt 
any rules necessary to achieve the requirements of this section regarding the screening of 
pregnant women and new mothers for domestic abuse, the provision of information to 
- pregnant women and new mothers' about domestic abuse services and the required 
training for health care practitioners regarding dorriestic abuse. . 
.1. Screeniu'g and education. A health ca~e practitioner who provides prenatal, 
obstetric or pediatric care or birthing services to women and their children shall, in a 
private setting, use a nationally recognized domestic abuse- risk and lethality assessment 
tool during a specific time segment designated for this purpose as part of each patient 
1-4 
visit for pregnant women and new mothers in order to assess the patient's risk of domestic 
abuse. This assessment must be part of regular hospital care for new mothers immediately 
following a birth and -must include a specific time for the new mother to discuss any 
concerns about domestic abuse with a health care practitioner in a private setting. 
2. 
Information and monitoring. A health care practitioner shall provide each 
pregnant woman and new mother under the practitioner's care with information about 
domestic abuse services available, including where to seek help at any time violence or 
abuse occurs, and shall monitor each pregnant woman and new mother closely for signs 
and symptoms of abuse. 
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3. Reporting and tracking. A health care practitioner shall report the number and 
frequency of assessments under subsection 1 and the results, absent the names of the 
parties, to the department. The department shall track the results statewide. 
4. Training. A health care practitioner, including a mental health professional, shall 
attend domestic violence training of at least 40 hours as part of continuing education at 
the practitioner's own expense. The training must be based on a program developed by a 
national expert on domestic violence paradigms and approved by the department and the 
Department of the Attorney General. 
5. 
Rulemaking. . Rules adopted by the. department, the Board of Licensure in 
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Medicine, the Board of Osteopathic Licensure or the State Board of Nursing to 
implement- this section are major substantive rules as -defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill requires the Department of Health and Human Services, the Board of 
Licensure -in Medicine, the Board of Osteopathic Licensure and the State Board of 
Nursing to develop . policies and procedures and adopt any rules necessary to mandate the 
screening by health care practitioners of pregnant women and new mothers for domestic;: 
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abuse. This bill requires· that the practitioners educate these patients about domestic 
abuse services as well as attend training on domestic abuse, approved by the department 
and the Department of the Attorney General. The bill requires health care practitioners 
during a specific time segment designated for the purpose in each patient visit and in·a 
private setting to assess the patient's riskof domestic abuse and t6 discuss concerns about 
domestic violence. The bill specifies the use of a nationally .recognized domestic abuse 
. risk and lethality assessment. tool and requires the assessment to be. part of regular 
hospital care for new mothers immediately following a birth and must include a specific 
time for the new mother to discuss any concerns about domestic abuse with a health care 
practitioner in a private settirig. 
The bill requires practitioners to provide specific 
information about domestic abuse services available and to monitor each patient closely 
for signs and symptoms of abuse. It requires the practitioners to report the number arid 
frequency of assessments and results of the assessments,absent the names of the parties, 
to the depaltment. It requires the department to track the results statewide.