An Act to Update
Maine Legislature, Session 132, LD 2105
Committee Amendment CA_A_H907 (House)
Amends: 22 MRSA §4002, 22 MRSA §4009, 22 MRSA §4011-A, 22 MRSA §4011-C, 22 MRSA §4021

COMMITTEE AMENDMENT "j\ " to H.P. 1420, L.D. 2105, "An Act to Update
Maine's Mandated Reporting Laws"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 22 MRSA §4002, sub-§5-E is enacted to read:
5-E. Health care practitioner. "Health care practitioner" means a physician or any
other person certified, registered or licensed in the healing ^rts, includmg. but not limited
to. a nurse, nurse practitioner, oodiatrist. ootometrist. chiroDractor. dentist. dental hveienist.
dental assistant, physician associate and emergency medical services provider.
Sec. 2. 22 MRSA §4002, sub-§6-A, as enacted by PL 1985, c. 495, §16, is amended
to read:
6-A. Licensed mental health professional. "Licensed mental health professional"
means a psychiatrist, licensed psychologist, licensed clinical social worker er. certified
social worker or community service provider as defined in^ Title 5. section 20003.
subsection 4.
Sec. 3. 22 MRSA §4009, as enacted by PL 1979,c. 733,§18, is repealed.
See. 4. 22 MRSA §4011-A, sub-§l, as corrected by RR 2025,c. 1, Ft. B, §4, is
amended to read:
1. Required report to department. The following adult persons shall immediately,
within no more than 24 hours, report or cause a report to be made to the department when
the person knows or has reasonable cause to suspect that a child has been or is likely to be
abused or neglected or that a suspicious child death has occurred:
A. When acting in a professional capacity:
(1) An alloputhic or osteopathic physician, reaidont or mtem;
(2) An emergency medical services person;
COMMITTEE AMENDMENT
A..,
COMMHTEE AMENDMENT T \" to H.P. 1420, L.D. 2105
(3) A modioal oxaminor;
(A) A physician associate;
(5) Adontiot;
(6) A dental hygienist;
(7) A dental assistant;
(8) A chiropractor;
(9) Apodiatrist;
(10) A registered or licensed practical nurse;
(11) Atoaohor;
(12) A guidance counselor;
(13) A school official;
(1'1) A youth camp administrator or oo-unaolor;
(15) A social worker;
(16) A court appointed special advooato or guardian ud litom for the child;
(17) Ahomomaker;
(18) A home health aido;
(19) A medical or social service worker;
(20) Apsychologiat;
(21) Child core personnel;
(22) A mental health profeaoional;
(23) A law enforcement official;
(2/1) A state or municipal fire inspector;
(25) A municipal code enforoemont official;
(26) A commercial fihn and photographic print processor;
(27) A olorgy momber acquiring the information as a result of clorioal professional
work except for information received during confidential communications;
(28) A chair of a professional licensing board that has jurisdiction over mandated
reporters;
(29) A humane agent employed by the Department of Agriculture, Conservation
and Forestry;
(30) A sexual assault counselor;
(31) A family or domestic violence victim advocate; and
(32) A school bus driver or school bus attendant;
A-l. When actine in a professional capacity:
d) S chool personnel;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT '^\" to H.P, 1420, L,D, 2105
(2) A health care practitioner;
(3) A medical examiner;
C41 A youth camp administrator or counselor:
(S) Child care personnel;
(6} A social worker;
C7) A court-aDUomted special advocate or guardian ad litem for the child:
(S~) A sexual assault counselor:
(9) _A. family or domestic violence victim advocate;
dO) A licensed mental health professional:
d I) A law enforcement official:
d 2) A municipal code enforcement official: and
d 3) A person affiliated with a church or other relieious institution, includine. but
not limited to. a member of the clergy. who serves in an administrative capacity or
has otherwise assumed a position of trust or responsibility regardless of whether
the person receives compensation for that role.
B. Any person who has assumed full, intermittent or occasional responsibility for the
care or custody of the child, regardless of whether the person receives compensation;
eed
G-. — Any person affiliated with a church or religious institution who serves in an
adminiotrative capacity or has otherwise assumed a position of tmst or responsibility
to tho members of that church or religious institution, while aotmg in that oupaoity,
regardless of whether the person receives compensation.
Whenever possible, the person with first-hand information about suspected child abuse or
neglect shall make the report,
Whenever a person is required to report in a capacity as a member of the staff of a medical
or public or private institution, agency or facility, that person immediately shall notify
either the person in charge of the institution, agency or facility or a designated agent who
then shall cause a report to be made. If a designated agent is required to make the report.
that designated aeent is responsible for meeting the reauirements^Qfthisse^^^^^ The staff
also may make a report directly to the department. The institution, agency or facility may
establish internal procedures to facilitate reporting, as lone as those Droceduresare not
inconsistent with this subsection.
If a person required to report notifies either the person in charge of fhe institution, agency
or facility or the designated agent, the notifying person shall acknowledge m writing that
the institution, agency or facility has provided confirmation to the notifying person that
another individual from the institution, ugonoy or facility has mudo a report to tho
department. The confirmation must include, at a mmimum, the name of the individual
8 making the report to the department, the date and time of the report and a summary of tho
information conveyed. If the notifying person does not receive the confirmation from the
institution, agency or facility within 2/1 houro of the notification, the notifying person
immediately shall make a report directly to the department.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/\" to H.P. 1420, L.D. 2105
•A"'
This subsection may not be constmed to prohibit a person required to report under this
subsection from seeking consultation to determine if a report to the department is required.
An employer may not take any action to prevent or discourage an employee from making
a report.
Sec. 5. 22 MRSA §4011-A, sub-§l-A, as enacted by PL 2007, c. 139, §2, is
repealed.
Sec. 6. 22 MRSA §4011-A, sub-§2, as amended by PL 2015,c. 117,§2, is repealed
and the following enacted in its place:
2._Required report to district attorney. When a mandated report is made to the
department under subsection 1. the department shall report to the approoriate district
attorney's office any instance ia which the reported child abuse or neelect or suspicious
child death is caused by a person not responsible for the child. A person required to reeort
under subsection 1 may also report directly to the aoprooriate district attorney's office.
Sec. 7. 22 MRSA §4011-A, sub-§4, as amended by PL 2007, c. 586, §13, is
repealed.
Sec. 8. 22 MRSA §4011-A, sub-§4-A is enacted to read:
4-A. Mental health treatment. When a licensed mental health professional is
required to report under subsection 1 and the reportable mformation comes from the
treatment of a person responsible for the child or the child who is the subject of the report,
the licensed mental health orofessional mav mclude in the licensed mental health
professional's report a request that the department consider the impact of any resulting
invesrigation or action on the licensed mental health professional's ongoing treatment of
the person who is the subject of thereport. The department shall take reasonable steps to
eneaee with the licensed mental health professional to avoid imoairina. to the extent
possible, the licensed mental health professional's oneoine ability to treat the person •Hi'ho
is the subject of the report.
Sec. 9. 22 MRSA §4011-A, sub-§8, as enacted by PL 2015,c.274, §7, is repealed.
Sec. 10. 22 MRSA §4011-A, sub-§9, as enacted by PL 2015, c. 407, §1, is amended
to read:
9. Training requirement. A person required to make a report under subsection 1
shall complete at least once every 4 2 years mandated reporter training approved by the
department.
Sec. 11. 22 MRSA §4011-A, sub-§10 is enacted to read:
10. Authority of licensine board. This section may not be constmed to limit the
authority of an aopropriate licensing board to take action related to a violation of this
section.
See. 12. 22 MRSA §4011-C, sub-§2, as enacted by PL 2025, c. 353, §5, is amended
to read:
2. Report. When a health care provider suspects that an infant has been abused or
neglected, the provider shall report to the department in accordance with section 4011-A,
Page4-132LR2901(02)
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT "A\ " to H.P. 1420, L.D. 2105
subsection 1, paragraph A A-l. If the infant has a family care plan developed under section
4004-C, subsection 2, a copy of the family care plan must accompany the report.
Sec. 13. 22 MRSA §4011-C, sub-§3, as enacted by PL 2025,c.353,§5, is amended
to read:
3. Definition. For purposes of this section, "health care provider" means a person
dosoribod in sootion ^1011 A, subsootion 1, paragraph A, subpamgraphs (1) to (10), (15),
(17) to (20) and (22) licensed under Title 32. chapter 31. 36.48. 56. 81 or 83 or any person
who assists in the delivery or birth of a child for compensation, including, but not limited
to, a midwife.
Sec. 14. 22 MRSA §4021, sub-§3, ^C, as amended by PL 2023, c. 248, §3, is
further amended by amending the first blocked paragraph to read:
Violation of this paragraph subjects any person involved in the violation, mcludmg
individual school personnel, to the penalty provided in section /1009. This section does
not apply to out-of-home abuse and neglect allegations as covered under subchapter
18.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. It replaces the list of mandated reporters of child
abuse and neglect in the Maine Revised Statutes, Title 22 with a list that consolidates
categories of mandated reporters and removes some from the list.
The amendment also requires that mandated reporters make a report within a 24-hour
period.
The amendment keeps the current statutory structure of mandated reporters in
institutions, agencies or facilities to use the designated agent system, although the person
with first-hand information about suspected child abuse or neglect must make the report
whenever possible. The institution, agency or facility may establish internal procedures to
facilitate reporting. The amendment also clarifies that a person required to report may seek
consultation to determine if a report is required,
The amendment also clarifies that Title 22, section 402 1 does not limit the authority of
an appropriate licensing board of a mandated reporter to take action for a violation of the
mandated reporter requirements in statute.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/23/26 i-KL
LD 2105 LR 2901(02)
An Act to Update Maine's Mandated Reporting Laws
Fiscal Note for Bill as Amended by Committee Amendment '^.'
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Departments of Health and Human Services to adopt the changes in this bill are expected
to be minor and can be absorbed within existing budgeted resources.
LR2901(02) - Fiscal Note - Page 1 of 1