An Act To Extend the Statute of Limitations on Certain Civil Professional Negligence Suits
Maine Legislature, Session 126, LD 0744
Committee Amendment CA_A_S232 (Senate)

COMMITTEE AMENDMENT" 
"to S.P. 282, L.D. 744, Bill, "An Act To Extend 
the Statute of Limitations on Certain Civil Professional Negligence Suits" 
Amend the bill in section 1 in §853 in the paragraph in the 2nd and 3rd lines (page 1, 
lines 6 and 7 in L.D.) by striking out the following: "sectio" sections 2902 and 2902-B" 
and inserting the following: 'section 2902 and, until July 1, 2017, section 2902-B' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 24 MRS A §2902-B is enacted to read: 
§2902-B. Statute of limitations for mental health professionals for claims based on 
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sexual acts 
1. 
Limitation. 
Except as provided in Title 14, section 752-C, actions for 
professional negligence based on a sexual act engaged in by a professional listed in 
subsection 3 with a person during the period of time that person was a patient or client of 
the professional must be comme:nced within 6 years after the cause of action accrues. For 
purposes of this section, a cause of action accrues on the date of the act or omission 
giving rise to the injury. 
2. Definitions. As used in this section, the following terms have the following 
meanings. 
A. "Patient or client" means a person who receives counseling or treatment from a 
professional listed in subsection 3. 
B. "Sexual act" means the following: 
(1) A sexual act, as defined in Title 17 -A, section 251, subsection 1, paragraph 
C; or 
(2) Sexual contact, as defined in Title 17 -A, section 251, subsection 1, paragraph 
D. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to S.P. 282, L.D. 744 
3. 
Professionals. 
Subsection 1 applies with respect to the following types of 
professionals: 
A. A psychiatrist licensed in this State; 
B. A psychologist licensed in this State; 
C. A clinical social worker licensed in this State; 
D. A social worker certified in this State; 
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E. A clinical professional counselor licensed in this State; 
F. A pastoral counselor licensed in this State; 
G. A marriage and family therapist licensed in this State; and 
H. A clinical professional counselor licensed in this State. 
4. Repeal. This section is repealed July 1, 2017.' 
Amend the bill in section 4 in the 2nd line (page 2, line 6 in L.D.) by striking out the 
following: "health care providers and health care practitioners" and inserting the 
following: 'professionals specified in the Maine Revised Statutes, Title 24, section 
2902-B, subsection 3' 
Amend the bill in section 4 in subsection 2 in the first and 2nd lines (page 2, lines 10 
and 11 in L.D.) by striking out the following: "the Maine Revised Statutes," 
SUMMARY 
The bill proposes to extend the statute of limitations for professional negligence 
actions against certain health care providers and health care practitioners to 10 years 
when the action is based on a sexual act or sexual contact. The amendment decreases the 
extension of the statute of limitations to 6 years and applies it to professional negligence 
actions against specifically psychiatrists, psychologists, social workers, professional 
counselors, pastoral counselors, marriage and family therapists and clinical professional 
counselors. In addition, the amendment provides that the sexual act or sexual contact 
must have occurred during the period of time the person was a patient or client of the 
professional. The amendment also repeals this extension of the statute oflimitations July 
1,2017. 
FISCAL :\01E REQl!IRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/01113 
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LD744 
LR 1933(02) 
An Act To Extend the Statute of Limitations on Certain Civil Professional Negligence Suits 
Fiscal Note for Bill as Ame~ded by C.o~mittee Amendment!t /232-) 
CommIttee: JudICIary 
L 
~ 
Fi!,cal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR1933(02) - Fiscal Note - Page 1 of 1