An Act Regarding Licensed Children's Programs
Maine Legislature, Session 127, LD 1365
Committee: Health and Human Services
Sponsors: MALABY, BRAKEY, SANDERSON
Amends: 22 MRSA §7701, 22 MRSA §7707

Legislative Document 
No. 1365 
H.P. 927 
House of Representatives, April 23, 2015 
An Act Regarding Licensed Children's Programs 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MALABY of Hancock. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representative: SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §7701, sub-§§4 and 5 are enacted to read: 
4.  Division.  As used in section 7707, "division" means the Department of Health 
and Human Services, Division of Licensing and Regulatory Services. 
5.  Reportable incident.  As used in section 7707, "reportable incident" means: 
A.  A child's death that occurs while the child is in the care of an entity required to 
report under section 7707, subsection 1; and 
B.  An injury or trauma to a child that occurs while the child is in the care of an entity 
required to report under section 7707, subsection 1 and results in the transportation of 
the child to a hospital by emergency medical services personnel. 
Sec. 2.  22 MRSA §7707 is enacted to read: 
§7707.  Reportable incidents 
1.  Reporting requirements.  A child care facility licensed pursuant to section 
8301-A, subsection 2; a family child care provider certified pursuant to section 8301-A, 
subsection 3; and a nursery school licensed pursuant to section 8402 shall report 
reportable incidents in accordance with this section. 
2.  Notification by next business day.  An entity required to report pursuant to 
subsection 1 shall submit a division-approved reportable incident form to the division by 
the next business day after a reportable incident occurred.  The form must include at least 
the following information: 
A.  The date of the reportable incident; 
B.  The time the reportable incident occurred; 
C.  The name of the entity; 
D.  The name of the entity's contact person; 
E.  A description of the reportable incident; 
F.  The condition of the child; 
G.  The name of the child; 
H.  The action taken by the entity; and 
I.  The involvement of a fire or police department, emergency medical services or 
other entity. 
3.  Rules.  The department may adopt rules necessary to implement the reporting of 
reportable incidents. Rules adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires licensed child care facilities, certified family child care providers 
and licensed nursery schools to report incidents that result or could result in serious harm 
to the physical or mental health, safety or well-being of a child being served by these 
entities. Incidents must be reported to the Department of Health and Human Services, 
Division of Licensing and Regulatory Services.  The bill requires written notification by 
the next business day after the incident occurred.