An Act To Protect Children :from Prenatal Drug and Alcohol Exposure
Maine Legislature, Session 128, LD 1556
Committee Amendment CA_A_H261 (House)
Amends: 22 MRSA §4011-B

COMMITTEE AMENDMENT "A" to H.P. 1072, L.D. 1556, Bill, "An Act To 
Protect Children :from Prenatal Drug and Alcohol Exposure" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §4011-B, sub-§1, as amended by PL 2013, c. 192, §3, is 
further amended to read: 
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, is demonstrating withdrawal symptoms that require medical monitoring 
or care beyond standard newborn care when those symptoms have resulted from or have 
likely resulted from prenatal drug exposure, whether 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 notification required by this subsectiofl ffi'Ust be made in the 
same manner as reports of abuse or fleglect required by this sub chapter. 
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 sectiofl, and any notification made pursuant to this section, may not be 
construed to require prosecution for afly illegal action, iBcluding, but not limited to, 
the act of ~(posiBg a fetus to drugs or other substanees. 
Sec. 2. 22 MRSA §4011-B, sub-§§1-A and 1-B are enacted to read: 
1-A. Notification of prenatal exposure to unlawful use of drugs. A health care 
provider involved in the care of a pregnant woman who knows or has reasonable cause to 
suspect that a fetus has been or will be affected by the pregnant woman's unlawful use of 
drugs during the pregnancy shall notify the department of that pregnant woman's 
unlawful use of drugs. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ·A "to H.P. 1072, L.D. 1556 
1-B. Manner of notification. The notifications required by this section 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 or unlawful use of drugs by a 
pregnant woman.' 
SUMMARY 
This amendment replaces the bill and is the minority report of the committee. The 
amehdment requires that a health care provider involved in the care of a pregnant woman 
who knows or has reasonable cause to suspect that a fetus has been or will be affected by 
the pregnant woman's unlawful use of drugs during the pregnancy is required to notify the 
Department of Health and Human Services of the pregnant woman's unlawful use of 
drugs. The amendment also specifies that this notification must be made in the same 
manner as other reports of abuse or neglect required by the Maine Revised Statutes, Title 
22, chapter 1071, subchapter 2 and that the notification may not be construed to establish 
a definition of "abuse" or "neglect" and 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 or unlawful use of drugs by a pregnant woman. 
FISCAL NOTE REQVIIW> 
(See attldted) 
COMMITTEE AMENDMENT 
Approved: 05/20/17 feae:. 
LD 1556 
LR 2299(02) 
An Act To Protect Children from Prenatal Drug and Alcohol Exposure 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment Pr c H-d L)) 
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 from the provisions of this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR2299(02) - Fiscal Note - Page 1 of 1