An Act To Protect Newborns Exposed to Drugs or Alcohol
Maine Legislature, Session 126, LD 0257
Committee Amendment CA_B_H235 (House)
Amends: 22 MRSA §4002, 22 MRSA §4011-B

COMMITTEE AMENDMENT ·B" to H.P. 194, L.D. 257, Bill, "An Act To 
Protect Newborns Exposed to Drugs or Alcohol" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §4002, sub-§5-B is enacted to read: 
5-B. Fetal alcohol spectrum disorders. "Fetal alcohol spectrum disorders" means 
conditions whose effects include having facial characteristics, growth restriction, central 
nervous system abnormalities or other characteristics consistent with prenatal alcohol 
exposure identified in a child from birth to 12 months of age. 
Sec. 2. 22 MRS A §4004-B, as enacted by PL 2003, c. 673, Pt. Z, § 1, is amended 
to read: 
§4004-B. Infants born affected by substance abuse or after prenatal exposure to 
drugs or with fetal alcohol spectrum disorders 
The department shall act to protect infants born identified as being affected by illegal 
substance abuse or sllfferiBg from, demonstrating withdrawal symptoms resulting from 
prenatal drug exposure, whether er-net the prenatal exposure was to legal or illegal drugs, 
or having fetal alcohol spectrum disorders, regardless of whether eF-Bet the infant is 
abused or neglected. The department shall: 
1. 
Receive notifications. Receive reports notifications of infants who may be 
affected by illegal substance abuse or sllfferiBg from demonstrating withdrawal 
symptoms resulting from prenatal drug exposure or who have fetal alcohol spectrum 
disorders; 
2. Investigate. Promptly investigate all reports notifications received of infants born 
who may be affected by illegal substance abuse or sllfferiBg from demonstrating 
withdrawal symptoms resulting from prenatal drug exposure or who have fetal alcohol 
spectrum disorders as determined to be necessary by the department to protect the infant; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT;.8" to H.P. 194, L.D. 257 
3. Determine if infant is affected. Determine whether 6f-fl6t each infant reported 
for whom the department conducts an investigation is affected by illegal substance abuse 
or suffers from, demonstrates withdrawal symptoms resulting from prenatal drug 
exposure or has fetal alcohol spectrum disorders; 
4. Determine if infant is abused or neglected. Determine whether 6f-fl6t the infant 
for whom the department conducts an investigation is abused or neglected and, if so, 
determine the degree of harm or threatened harm in each case; 
5. Develop plan for safe care. For each infant whom the department determines to 
be affected by illegal substance abuse eF~ to be sufferiag from demonstrating withdrawal 
symptoms resulting from prenatal drug exposure or to have fetal alcohol spectrum 
disorders, develop, with the assistance of any health care provider involved in the 
mother's or the child's medical or mental health care, a plan for the safe care of the infant 
and, in appropriate cases, refer the child or mother or both to a social service agency or 
voluntary substance abuse prevention service; and 
6. Comply with section 4004. For each infant whom the department determines to 
be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F. 
Sec. 3. 22 MRSA §4011-B, as enacted by PL 2003, c. 673, Pt. Z, §5, is amended 
to read: 
§4011-B. 
Notification of prenatal exposure to drugs or having fetal alcohol 
spectrum disorders 
1. Notification of prenatal exposure to drugs or having fetal alcohol spectrum 
disorders. A health care provider involved in the delivery or care of an infant who the 
provider knows or has reasonable cause to suspect has been born affected by illegal 
substance abuse eF~ is sufferiag from demonstrating withdrawal symptoms resulting from 
prenatal drug exposure, whether er-aet the prenatal exposure was to legal or illegal drugs, 
or has fetal alcohol spectrum disorders shall notify the department of that condition in the 
infant. The repert notification required by this subsection must be made in the same 
manner as reports of abuse or neglect required by this subchapter. 
A. 
This section, and any notification made pursuant to this section, may not be 
construed to establish a definition of "abuse" or "neglect." 
B. 
This section, and any notification made pursuant to this section, may not be 
construed to require prosecution for any illegal action, including, but not limited to, 
the act of exposing a fetus to drugs or other substances. 
2. Definition. For purposes of this section, "health care provider" means a person 
described in section 4011-A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), 
(17) to (20) or (22) or any person who assists in the delivery or birth of a child for 
compensation, including, but not limited to, a midwife.' 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. The 
amendment amends current law on reporting to the Department of Health and Human 
COMMITTEE AMENDMENT 
o-v,S 
~ 
COMMITTEE AMENDMEN~ "to H.P. 194, L.D. 257 
Services by a health care provider involved in the delivery or care of an infant with 
prenatal exposure to drugs as follows: 
1. 
The amendment changes "reports" to the department to "notifications" to the 
department and changes "suffering from withdrawal symptoms" to "demonstrating 
withdrawal symptoms"; 
2. The amendment repeals the requirement that the department investigate all reports 
and authorizes the department to investigate as it determines to be necessary to protect an 
infant for whom the department has received notification; and 
3. 
The amendment defines "fetal alcohol spectrum disorders" and adds it to the 
conditions of an infant that require notification to the department. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
• 
Approved: 05/15/13 
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LD257 
LR 519(03) 
An Act To Protect Newborns Exposed to Drugs or Alcohol 
Fiscal Note for BiU as Amended by Committee Amendment:B. [ H 
~ () 3~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR0519(03) - Fiscal Note - Page 1 of 1