An Act To Update the Family Planning Statutes
Maine Legislature, Session 129, LD 0494
Committee Amendment CA_A_S151 (Senate)
Amends: 22 MRSA §1823, 22 MRSA §1901, 22 MRSA §1904, 22 MRSA §1905, 22 MRSA §1906, 22 MRSA §1908, 32 MRSA §2595, 32 MRSA §3292

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT" A- "to S.P. 159, L.D. 494, Bill, "An Act To Update 
the Family Planning Statutes" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 22 MRSA §1823, as amended by PL 2017, c. 407, Pt. A, §73, is further 
amended to read: 
§1823. Treatment of minors 
Any hospital licensed under this chapter or alcohol or drug treatment facility licensed 
pursuant to section 7801 that provides facilities to a minor in connection with the 
prevention of a sexually transmitted infection or the treatment of that minor for veaereal 
disease a sexually transmitted infection or treatment of that minor for substance use or for 
the collection of sexual assault evidence through a sexual assault forensic examination is 
under no obligation to obtain the consent of that minor's parent or guardian or to inform 
that parent or guardian of the provision of such facilities so long as such facilities have 
been provided at the direction of the person or persons referred to in Title 32, sections 
2595, 3292, 3817, 6221 or 7004. The hospital shall notify and obtain the consent of that 
minor's parent or guardian if that hospitalization continues for more than 16 hours. 
Sec. 2. 22 MRSA §1901, as enacted by PL 1973, c. 624, §1, is amended to read: 
§1901. Legislative intent 
The Legislature finds that family planning services are not sufficiently available as a 
practical matter to many persons in this Statet,. that unwanted oonoeptioa pregnancy may 
place severe medical, emotional, social and economic burdens on the family unit and that 
it is desirable that inhibitions and restrictions to the delivery of family planning services 
be reduced so that all persons desiring and needing such services shall have ready and 
practicable access therete to the services in appropriate settings sensitive to their persons' 
needs and beliefs. The Legislature therefore declares that it is consistent with public 
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COMMITTEE AMENDMENT"(\ "to S.P. 159, L.D. 494 
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policy to make available comprehensive medical knowledge, assistance and services 
relating to family planning.' 
Amend the bill in section 1 in § 1902 in subsection 4 in the 5th line from the end 
(page 1, line 34 in L.D.) by striking out the following: ", including" 
Amend the bill in section 1 in §1902 in subsection 4 in the 2nd and 3rd lines from the 
end (page 1, lines 36 and 37 in L.D.) by striking out the following: "screening, testing, 
counseling and vaccinating for" and inserting the following: 'prevention or treatment of 
Amend the bill in section 2 in § 1903 in subsection 3 in the last line (page 2, line 17 in 
L.D.) by striking out the following: "and" and inserting the following: 'and' 
Amend the bill in section 2 in§ 1903 in subsection 4 in the 2nd line (page 2, line 19 in 
L.D.) by striking out the following: "physician shall may not" and inserting the following: 
'ohvsioian shall health care practitioner may not' 
Amend the bill in section 2 in §1903 in subsection 4 in the last line (page 2, line 21 in 
L.D.) by striking out the following: "." and inserting the following: '.,. ; and' 
Amend the bill in section 2 in §1903 by adding after subsection 4 the following: 
'5. Scope of practice. Nothing in this chapter changes the scope of practice of a 
health care practitioner.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 22 MRSA §1904, as enacted by PL 1973, c. 624, §1 and amended by PL 
2003, c. 689, Pt. B, §§6 and 7, is repealed and the following enacted in its place: 
§1904. Rules 
The commissioner is authorized and directed to adopt rules and establish programs to 
enable the department, either directly or under contractual arrangements with other 
organizations, to promptly implement this chapter. 
Sec. 4. 22 MRSA §1905, as enacted by PL 1973, c. 624, §1 and amended by PL 
1975, c. 293, §4 and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
§1905. Funds 
The Department of Hsal-th and Hmnan Ssrviess department is authorized to receive 
and disburse such funds as may be available to it for family planning services to any 
nonprofit organization, public or private, engaged in providing such services. Family 
planning programs administered by the Department of Health and Hl:ID1an Serviees 
department may be developed in consultation, in coordination or on a contractual basis, 
with other family planning agencies in this State, including, but not limited to, the Family 
Planning Association of Maine, fuc., and its affiliates. 
Sec. 5. 22 MRSA §1906, as enacted by PL 1973, c. 624, §1 and amended by PL 
1975, c. 293, §4 and PL 2003, c. 689, Pt. B, §§6 and 7, is repealed and the following 
enacted in its place: 
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§1906. Availability 
To the extent family planning funds are available, the department shall provide 
family planning services to medically indigent persons eligible for such services as 
determined by rules adopted by the commissioner. Family planning services must also be 
available to all others who are unable to reasonably obtain these services privately, at a 
reasonable cost to be determined by the rules adopted by the commissioner. Any funds so 
collected must be retained by the department for the support of these services.' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 22 MRSA §1908, as enacted by PL 1973, c. 624, §1, is repealed and the 
following enacted in its place: 
§1908. Minors 
Notwithstanding section 1503, family planning services may be furnished to any 
minor by a health care practitioner. The health care practitioner is under no obligation to 
obtain the consent of the minor's parent or guardian or to inform the parent or guardian of 
the prevention or treatment under this section. Nothing in this section may be construed 
to prohibit the health care practitioner rendering the prevention services or treatment from 
informing the parent or guardian. 
Sec. 5. 32 MRSA §2595, as amended by PL 1999, c. 90, §3, is further amended to 
read: 
§2595. Treatment of minors 
An individual licensed under this chapter who renders medical care to a minor for the 
prevention or treatment of venereal disease a sexually transmitted infection or abuse of 
drugs or aleohol treatment of substance use or for the collection of sexual assault 
evidence through a sexual assault forensic examination is under no obligation to obtain 
the consent of the minor's parent or guardian or to inform the parent or guardian of the 
prevention or treatment or collection. Nothing in this section may be construed so as to 
prohibit the licensed individual rendering the prevention services or treatment or 
collection from informing the parent or guardian. For purposes of this section, "abuse of 
drags substance use" means the use of drugs or alcohol solely to induce a stimulant, 
depressant or hallucinogenic effect upon the higher functions of the central nervous 
system and not as a therapeutic agent recommended by a practitioner in the course of 
medical treatment. 
Sec. 6. 32 MRSA §3292, as amended by PL 2017, c. 407, Pt. A, § 128, is further 
amended to read: 
§3292. Treatment of minors 
An individual licensed under this chapter who renders medical care to a minor for the 
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prevention or treatment of venereal disease a sexually transmitted infection or treatment 
of substance use or for the collection of sexual assault evidence through a sexual assault 
forensic examination is under no obligation to obtain the consent of the minor's parent or 
guardian or to inform the parent or guardian of the prevention or treatment or collection. 
This section may not be construed to prohibit the licensed individual rendering the 
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COMMITTEE AMENDMENT" I~ "to S.P. 159, L.D. 494 ( -, - \ ') \ \ 
prevention services or treatment or collection from informing the parent or guardian. For 
purposes of this section, "substance use" means the use of drugs or alcohol solely for their 
stimulant, depressant or hallucinogenic effect upon the higher functions of the central 
nervous system and not as a therapeutic agent recommended by a practitioner in the 
course of medical treatment.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, amends the bill to 
remove conflicts with other provisions in statute relating to consent by minors. Current 
law provides that the treatment of a minor for a sexually transmitted infection does not 
require the consent of the minor's parent or guardian. This amendment provides that the 
prevention or treatment of a sexually transmitted infection does not require the consent of 
the minor's parent or guardian. Current law also provides that family planning services 
may be provided to a minor who is a parent, who is married, with the consent of the 
minor's guardian or if the minor will suffer probable health hazards. This amendment 
provides that a health care provider may provide family planning services to a minor 
without requiring the consent of the minor's parent or guardian, just as with sexually 
transmitted infections. 
This amendment clarifies that the provisions of the Maine 
Revised Statutes, Title 22, chapter 406 regarding family planning services are not 
intended to change the scope of practice of a health care provider. It also makes other 
technical changes. 
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