An Act To Amend the Occupational Disease Reporting Laws
Maine Legislature, Session 125, LD 0654
Committee: Health and Human Services
Sponsors: SANBORN, BRANNIGAN, HERBIG, LOVEJOY, ROCHELO, STUCKEY
Amends: 22 MRSA §1493, 22 MRSA §1494

Legislative Document 
No. 654 
H.P. 484 
House of Representatives, February 17, 2011 
An Act To Amend the Occupational Disease Reporting Laws 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SANBORN of Gorham. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
Representatives: HERBIG of Belfast, LOVEJOY of Portland, ROCHELO of Biddeford, 
STUCKEY of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1493, as enacted by PL 1985, c. 452, §1 and amended by PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
§1493.  Duties of health care providers, health care facilities and medical 
laboratories 
All physicians or hospitals health care providers, health care facilities and medical 
laboratories shall report to the Department of Health and Human Services all persons 
diagnosed as having an occupational disease no later than 30 days from the date of 
diagnosis or from discharge from a hospital. The report shall must include any factor 
known to the physician which that is suspected of being a contributing factor to the 
disease, including, but not limited to, whether or not the person smokes and, if so, the 
frequency of smoking. 
A physician health care provider, health care facility or medical laboratory, upon 
notification by the Department of Health and Human Services, shall report to the 
department any further information requested by the department concerning any person 
now or formerly under his its care, diagnosed as having or having had an occupational 
disease. 
No physician or hospital A health care provider, health care facility or medical 
laboratory complying with the reporting requirements of this section may be is not liable 
for any civil damages as a result of those acts. 
Sec. 2.  22 MRSA §1494, as enacted by PL 1985, c. 452, §1, is repealed and the 
following enacted in its place: 
§1494.  Confidentiality 
Unless otherwise authorized by section 42, subsection 5, the department may not 
release any information described in section 1493 regarding reporting of occupational 
diseases if that information identifies persons with occupational diseases directly or 
indirectly.  The department may disclose information that relates to the site of 
employment to the Department of Labor, Bureau of Labor Standards if the disclosure 
contains only the information necessary to advance the public health and does not directly 
identify an individual having an occupational disease. 
All other information submitted pursuant to this chapter may be made available to the 
public. 
SUMMARY 
This bill amends the laws governing occupational disease reporting to clarify who 
must report occupational diseases to the Department of Health and Human Services to be 
consistent with the mandated reporters designated in the rules for notifiable diseases and 
conditions adopted under the Maine Revised Statutes, Title 22, section 802.  The bill also 
revises the confidentiality provision to allow the identification of the site of employment 
where an occupational disease has occurred to the Department of Labor, Bureau of Labor 
Standards.