An Act To
Maine Legislature, Session 127, LD 1434
Committee Amendment CA_A_H409 (House)
Amends: 22 MRSA §1711-C, 22 MRSA §1726

COMMITTEE AMENDMENT "A" to H.P. 978, L.D. 1434, Bill, "An Act To 
Amend the Laws Governing Law Enforcement's Access to, and Access to Information 
about, Celiain Persons in Hospitals and Mental Health Facilities" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1711-C, sub-§6, ~-2 is enacted to read: 
B-2. To federal, state or local governmental entities if the health care practitioner or 
facility that is providing diagnosis, treatment or care to an individual has determined 
in the exercise of sound professional judgment that the disclosure is reguired by 
section 1726; 
Sec. 2. 22 MRSA §1726 is enacted to read: 
§1726. Cooperation with law enforcement 
A hospital licensed under chapter 404 or 405 shall make a good faith effort to 
cooperate with law enforcement agencies as provided in this section. 
1. Service of protection from abuse order. A law enforcement agency may reguest 
that a hospital provide access to a defendant who is receiving care in the hospital for the 
purpose of serving a protection from abuse order pursuant to Title 19-A, section 4006, 
subsection 6. 
A. The hospital shall provide the law enforcement agency with an opportunity to 
serve the defendant personally with the order at a time the hospital determines is 
clinically appropriate with due consideration to the medical condition of the 
defendant. 
B. A hospital may disclose that the defendant is a patient to facilitate service under 
this section regardless of patient consent. 
COMMITTEE AMENDMENT 
~SI 
~O 2 
COMMITTEE AMENDMENT "A "to H.P. 978, L.D. 1434 
2. Notice of upcoming release. A law enforcement agency may request that a 
hospital provide notice to the law enforcement agency that a person is to be released from 
the hospital so that the law enforcement agency may arrest the person. 
A. 
The hospital shall provide notice that the person is to be released from the 
hospital if the person was transported or was caused to be transported to the hospital 
by the law enforcement agency. 
B. The information contained in the notice provided by the hospital must be no more 
than the minimum amount necessary to satisfy the requirements of this subsection. 
3. Required consistency with federal requirements. A hospital may provide 
access under subsection 1 and information under subsection 2 only if the request is 
consistent with the provisions of 45 Code of Federal Regulations, Section 164.512 (2015) 
and 42 Code of Federal Regulations, Part 2 (2015). 
4. Immunity; no cause of action. A hospital, hospital agent, employee or other 
person who in good faith and without gross negligence provides access or information to 
a law enforcement agency as required by this section or cooperates in an investigation or 
a criminal or judicial proceeding related to the requirements of this section is immune 
from civil and criminal }iability and professional licensure action arising out of or related 
to compliance with this section .. This section does not create a cause of action against the 
hospital, hospital agent. employee or other person for failure to comply with this section.' 
SUMMARY 
This amendment replaces the bill. It authorizes a hospital to disclose otherwise 
confidential health information of a patient without the consent of the patient under 
specific circumstances: 
1. For the purpose of assisting a law enforcement agency to serve a protection from 
abuse order to a person who is a patient in the hospital; or 
2. For the purpose of notifying a law enforcement agency that brought a patient to 
the hospital that the patient is leaving the hospital so that the agency may arrest the 
patient. 
The hospital may provide this information only if the request from law enforcement 
is consistent with the federal Health Insurance Portability and Accountability Act of 1996 
privacy regulations, 45 Code of Federal Regulations, Section 164.512 (2015) and the 
federal privacy regulations for drug and alcohol abuse patients, 42 Code of Federal 
Regulations, Part 2 (2015). 
The hospital is immune from civil or criminal liability or professional licensure 
action arising out of the hospital's compliance with this law. No cause of action against 
the hospital is created for failure to provide the access or information. 
COMMITTEE AMENDMENT