An Act To Ensure the Integrity of Neuropsychological Testing Materials
Maine Legislature, Session 126, LD 1155
Committee Amendment CA_A_H442 (House)

COMMITTEE AMENDMENT "A" to H.P. 820, L.D. 1155, Bill, "An Act To 
Ensure the Integrity of Neuropsychological Testing Materials" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure the Integrity of Neuropsychological and Psychological Testing 
Materials and Data' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law does not protect from disclosure neuropsychological and 
psychological testing materials; and 
Whereas, disclosure of neuropsychological and psychological testing materials and 
distribution to even just one person who is the subject of testing or to many persons who 
may be the subjects of the testing will compromise and invalidate such testing; and 
Whereas, maintaining th~ integrity of the testing materials is critical to test results 
and to the functioning of the system of neuropsychological and psychological testing in 
this State and requires the immediate action of the Legislature; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the Peoph~ of the State of Maine as follows: 
Sec. 1. 22 MRS A § 1725 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" I} to H.P. 820, L.D. 1155 
§1725. Neuropsychological and psychological evaluations 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Neuropsychological evaluation" means a testing method through which a 
neuropsychologist or a psychologist can acquire data about a person's cognitive, 
. behavioral and emotional functioning for purposes of diagnosing or confirming a 
diagnosis of cognitive deficit or abnormalities in the central nervous system. 
B. "Neuropsychological or psychological test data" means raw and scaled scores, a 
person's responses to test questions or stimuli, a neuropsychologist's or psychologist's 
notes and recordings concerning the person's statements and behavior during a 
neuropsychological evaluation or psychological evaluation and those portions of 
neuropsychological or psychological test materials that include the person's 
responses. 
C. 
"Neuropsychological or psychological test materials" means manuals, 
instruments, protocols, assessment devices, scoring keys, test questions and stimuli 
used in conducting a neuropsychological evaluation or psychological evaluation. 
D. "Psychological evaluation" means a testing method through which a psychologist 
acquires data about a person's cognitive and emotional functioning for purposes of 
determining cognitive ability, diagnosing a mental health condition or confirming a 
mental health diagnosis. 
2. 
Disclosure of neuropsychological or psychological test materials and 
neuropsychological or psychological test data. The disclosure of neuropsychological 
or psychological test materials and neuropsychological or psychological test data is 
governed by this subsection. 
A. 
Except as provided in paragraph B, neuropsychological or psychological test 
materials and neuropsychological or psychological test data, the disclosure of which 
would compromise the objectivity or fairness of the evaluation methods or process, 
may not be disclosed to anyone, including the person who is the subject of the test, 
and are not subject to disclosure in any administrative, judicial or legislative 
proceeding. 
Eo A person who is the subject of a neuropsychological evaluation or psychological 
evaluation is entitled to have all records relating to that evaluation, including 
neuropsychological or psychological test materials and neuropsychological or 
psychological test data, disclosed to any neuropsychologist or psychologist who is 
qualified to evaluate the test results and who is designated by the person. A 
neuropsychologist or psychologist designated to receive records under this paragraph 
may not disclose the neuropsychological or psychological test materials and 
neuropsychological or psychological test data to another person. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'R" to H.P. 820, L.D. 1155 
SUMMARY 
This amendment, which replaces the bill, retains all of the provisions of the bill and 
adds an emergency preamble and emergency clause. The amendment adds a definition of 
"psychological evaluation" and adds protection of psychological test materials and test 
data. 
The amendment changes the title to reflect the addition of protections for 
psychological test materials and data. 
COMMITTEE AMENDMENT