An Act To Require Certain Licensing Boards To Report Cases of Sexual Abuse of a Patient or Client by a Licensee to a Law Enforcement Agency or the Department of Health and Human Services
Maine Legislature, Session 128, LD 0013
Committee: Labor, Commerce, Research and Economic Development
Sponsors: ESPLING, VOLK, HANLEY, DIAMOND
Amends: 32 MRSA §2562, 32 MRSA §3269, 32 MRSA §7030, 32 MRSA §13853, 32 MRSA §18323

Legislative Document
No. 13
H.P. 14
House of Representatives, January 5, 2017
An Act To Require Certain Licensing Boards To Report Cases of 
Sexual Abuse of a Patient or Client by a Licensee to a Law 
Enforcement Agency or the Department of Health and Human 
Services
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ESPLING of New Gloucester.
Cosponsored by Senator VOLK of Cumberland and
Representative: HANLEY of Pittston, Senator: DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2562, as amended by PL 1997, c. 680, Pt. B, §1, is further 
amended by adding at the end a new paragraph to read: 
The board shall report or cause a report to be made to the Department of Health and 
Human Services or a law enforcement agency when the board knows or has reasonable 
cause to suspect sexual abuse of a patient by an individual licensed or registered under 
this chapter or by an unlicensed person to whom a licensee or registrant has delegated 
activities pursuant to subchapter 7. 
Sec. 2.  32 MRSA §3269, sub-§16, as amended by PL 2001, c. 260, Pt. H, §2, is 
further amended to read: 
16.  Executive director.  The power to appoint an executive director who serves at 
the pleasure of the board and who shall assist the board in carrying out its administrative 
duties and responsibilities under this chapter.  The salary range for the executive director 
must be set by the board within the range established by Title 2, section 6-C; and 
Sec. 3.  32 MRSA §3269, sub-§17, as enacted by PL 2001, c. 260, Pt. H, §3, is 
amended to read: 
17.  Approval of licenses.  The power to direct staff to review and approve 
applications for licensure or renewal in accordance with criteria established in law or in 
rules adopted by the board.  Licensing decisions made by staff may be appealed to the 
full board.; and 
Sec. 4.  32 MRSA §3269, sub-§18 is enacted to read: 
18.  Duty to report sexual abuse of patient by licensee, registrant or certificate 
holder.  The duty to report or cause a report to be made to the Department of Health and 
Human Services or a law enforcement agency when the board knows or has reasonable 
cause to suspect sexual abuse of a patient by an individual licensed, registered or certified 
under this chapter or by an unlicensed person to whom a licensee, registrant or certificate 
holder has delegated activities pursuant to subchapter 2. 
Sec. 5.  32 MRSA §7030, sub-§6 is enacted to read: 
6.  Duty to report sexual abuse of client by licensee or registrant.  The board shall 
report or cause a report to be made to the Department of Health and Human Services or a 
law enforcement agency when the board knows or has reasonable cause to suspect sexual 
abuse of a client by an individual licensed or registered under this chapter. 
Sec. 6.  32 MRSA §13853, sub-§16 is enacted to read: 
16.  Duty to report sexual abuse of client by licensee or registrant.  The board 
shall report or cause a report to be made to the Department of Health and Human Services 
or a law enforcement agency when the board knows or has reasonable cause to suspect 
sexual abuse of a client by an individual licensed or registered under this chapter. 
Sec. 7.  32 MRSA §18323, sub-§§8 and 9, as enacted by PL 2015, c. 429, §21, 
are amended to read: 
8.  Protocols for professional review committee.  The authority to establish 
protocols for the operation of a professional review committee as defined in Title 24, 
section 2502, subsection 4-A. The protocols must include the committee reporting 
information the board considers appropriate regarding reports received, contracts or 
investigations made and the disposition of each report, as long as the committee is not 
required to disclose any personally identifiable information. The protocols may not 
prohibit an impaired licensee under this chapter from seeking alternative forms of 
treatment; and 
9.  Authority to order a mental or physical examination.  The authority to direct a 
licensee, who by virtue of an application for and acceptance of a license to practice under 
this chapter is considered to have given consent, to submit to an examination whenever 
the board determines the licensee may be suffering from a mental illness or physical 
illness that may be interfering with competent practice under this chapter or from the use 
of intoxicants or drugs to an extent that prevents the licensee from practicing competently 
and with safety to patients. A licensee examined pursuant to an order of the board may 
not prevent the testimony of the examining individual or prevent the acceptance into 
evidence of the report of an examining individual. The board may petition the District 
Court for immediate suspension of a license if the licensee fails to comply with an order 
of the board to submit to a mental or physical examination pursuant to this subsection.; 
and 
Sec. 8.  32 MRSA §18323, sub-§10 is enacted to read: 
10.  Duty to report sexual abuse of patient by licensee or registrant.  The duty to 
report or cause a report to be made to the Department of Health and Human Services or a 
law enforcement agency when the board knows or has reasonable cause to suspect sexual 
abuse of a patient by an individual licensed or registered under this chapter or by an 
unlicensed person to whom a licensee has delegated activities pursuant to subchapter 4. 
SUMMARY 
This bill requires the Board of Osteopathic Licensure, the Board of Licensure in 
Medicine, the State Board of Social Worker Licensure, the Board of Counseling 
Professionals Licensure and the Board of Dental Practice to report to a law enforcement 
agency or the Department of Health and Human Services known or suspected incidents of 
sexual abuse of a client or patient by a professional regulated by the board or by an 
assistant to a professional regulated by the board.