An Act Regarding the Maternal and Infant Death Review Panel
Maine Legislature, Session 128, LD 1112
Committee: Health and Human Services
Sponsors: KEIM, HAMANN, BRAKEY, MAKER, HEAD, MALABY, SANDERSON
Amends: 22 MRSA §261

Legislative Document
No. 1112
S.P. 366
In Senate, March 21, 2017
An Act Regarding the Maternal and Infant Death Review Panel
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Representative HAMANN of South Portland and
Senators: BRAKEY of Androscoggin, MAKER of Washington, Representatives: HEAD of 
Bethel, MALABY of Hancock, SANDERSON of Chelsea.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §261, sub-§2, as enacted by PL 2005, c. 467, §1, is amended to 
read: 
2.  Membership; meetings.  The panel consists of health care and social service 
providers, public health officials, law enforcement officers and other persons with 
professional expertise on maternal and infant health and mortality.  The director shall 
appoint the members of the panel, who serve at the pleasure of the director.  The director 
shall appoint an employee of the center to serve as panel coordinator.  The panel shall 
meet at least twice per year. 
Sec. 2.  22 MRSA §261, sub-§4, ¶¶B andC, as amended by PL 2009, c. 531, §1, 
are further amended to read: 
B.  Prior to accessing medical records, the panel coordinator shall obtain permission 
in all cases for access to those records from the family, except that the panel 
coordinator may obtain information pursuant to subsection 4-A. 
C.  Prior to conducting a voluntary interview, the panel coordinator shall obtain 
permission in all cases for the interview from the family, except that the panel 
coordinator may obtain information pursuant to subsection 4-A. 
Sec. 3.  22 MRSA §261, sub-§4, ¶F is enacted to read: 
F.  In order to conduct a review under this section, the panel coordinator may apply to 
the commissioner, the commissioner's designee or the legal counsel for the 
department to issue a subpoena to collect information pursuant to subsection 4-A. 
Sec. 4.  22 MRSA §261, sub-§4-A is enacted to read: 
4-A.  Investigations.  The commissioner, the commissioner's designee or the legal 
counsel for the department may: 
A.  Issue subpoenas requiring persons to disclose or provide to the panel coordinator 
and the panel information or records in their possession that are necessary and 
relevant to a review under this section. 
(1)  The department may apply to the District Court to enforce a subpoena under 
this paragraph. 
(2)  A person who complies with a subpoena is immune from civil or criminal 
liability that might otherwise result from the act of turning over or providing 
information or records to the panel coordinator; and 
B.  Obtain confidential criminal history record information and other criminal history 
record information under Title 16, chapter 7 that the commissioner, the 
commissioner's designee or the legal counsel for the department considers relevant to 
a review under this section. 
Sec. 5.  22 MRSA §261, sub-§6, as amended by PL 2009, c. 531, §1, is further 
amended to read: 
6.  Limitations.  The panel coordinator may not proceed with reviews of medical 
records or voluntary interviews without the permission of the family, except that the 
panel coordinator may proceed with reviews of information obtained pursuant to 
subsection 4-A.  The panel coordinator may not photocopy or retain copies of medical 
records or review cases of abortion.  In performing work under this section, the panel 
coordinator shall minimize the burden imposed on health care practitioners, hospitals and 
facilities. 
Sec. 6.  Report.  The maternal and infant death review panel within the Department 
of Health and Human Services shall study the causes of the increase in infant mortality in 
the State within the past 10 years.  By February 7, 2018, the panel shall report its findings 
to the department and the Joint Standing Committee on Health and Human Services in the 
SUMMARY 
This bill gives the maternal and infant death review panel the power to request the 
Commissioner of Health and Human Services to issue subpoenas to require disclosure of 
records and information.  This is the same authority allowed the child death and serious 
injury review panel.  It requires the panel to meet twice per year and to study the causes 
of the increase in infant mortality in the State within the past 10 years.  The panel is 
required to report its findings by February 7, 2018 to the Department of Health and 
Human Services and the Joint Standing Committee on Health and Human Services in the