An Act to Improve Notifications Related to Substance-exposed
Maine Legislature, Session 132, LD 0156
Committee: Health and Human Services
Sponsors: MEYER
Amends: 22 MRSA §4004-B, 22 MRSA §4011-B

Legislative Document
No. 156
H.P. 89
House of Representatives, January 14, 2025
An Act to Improve Notifications Related to Substance-exposed 
Infants
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4004-B, as amended by PL 2019, c. 342, §2, is further amended 
to read:
§4004-B.  Infants born affected by substance use disorder or after prenatal exposure 
to drugs or with a fetal alcohol spectrum disorder Investigation by 
department upon notice by health care provider
The department shall act to protect infants born identified as being affected by 
substance use or withdrawal symptoms resulting from prenatal drug exposure, whether the 
prenatal exposure was to legal or illegal drugs, or having a fetal alcohol spectrum disorder, 
regardless of whether the infant is abused or neglected for whom a notification is made to 
the department under section 4011-B.  The department shall:
1.  Receive notifications.  Receive notifications of infants who may be affected by 
substance use or withdrawal symptoms resulting from prenatal drug exposure or who have 
a fetal alcohol spectrum disorder as required under section 4011-B;
2.  Investigate.  Promptly investigate review notifications received of infants born who 
may be affected by substance use or withdrawal symptoms resulting from prenatal drug 
exposure or who have a fetal alcohol spectrum disorder as required under section 4011-B 
and investigate as determined to be necessary by the department to protect the infant;
3.  Determine if infant is affected.  Determine whether each infant for whom the 
department conducts an investigation receives a notification is affected by the infant's 
parent's substance use or withdrawal symptoms resulting from prenatal drug exposure, 
regardless of whether the parent is using legal or illegal substances, or has a fetal alcohol 
spectrum disorder;
4.  Determine if infant is abused or neglected.  Determine whether the infant for 
whom the department conducts an investigation is abused or neglected and, if so, determine 
the degree of harm or threatened harm in each case;
5.  Develop plan for safe care.  For each infant who the department determines to be 
affected by the infant's parent's substance use or withdrawal symptoms resulting from 
prenatal drug exposure, regardless of whether the parent is using legal or illegal substances, 
or who has a fetal alcohol spectrum disorder, develop, with the assistance of any health 
care provider involved in the caregiver's parent's or the child's medical or mental health 
care, a plan for the safe care of the infant and, in appropriate cases, refer the child or 
caregiver parent or both to a social service agency, a health care provider or a voluntary 
substance use disorder prevention service.  For purposes of this subsection, "health care 
provider" means a person described in section 4011‑A, subsection 1, paragraph A, 
subparagraphs (1) to (10), (15), (17) to (20) or (22); and
6.  Comply with section 4004.  For each infant who the department determines to be 
abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.
Sec. 2.  22 MRSA §4011-B, as amended by PL 2019, c. 342, §3, is further amended 
to read:
§4011-B.  Notification of prenatal exposure to drugs or having a fetal alcohol 
spectrum disorder by health care provider
1.  Notification of prenatal exposure to drugs or having a fetal alcohol spectrum 
disorder regarding infants affected by parent's substance use.  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 substance use, has 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 a fetal alcohol spectrum disorder 
shall notify the department of that condition in the infant.  The notification required by this 
subsection must be made in the same manner as reports of abuse or neglect required by this 
subchapter is affected by the infant's parent's substance use, regardless of whether the 
parent is using legal or illegal substances, shall notify the department. The department shall 
adopt rules that set out the process for identifying these infants, notifying the department 
and the department's response to such notifications.
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.
2.  Definition.  For purposes of this section, "health care provider" means a person 
described in section 4011‑A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), 
(17) to (20) or (22) or any person who assists in the delivery or birth of a child for 
compensation, including, but not limited to, a midwife.
The department shall adopt rules to implement this section. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill updates the law regarding notification to the Department of Health and Human 
Services of infants affected by their parents' substance use by granting the department rule-
making authority to set out the process for identifying these infants, notifying the 
department and the department's response to such notifications. The bill also creates a 
distinction between notifications of infants affected by their parents' substance use and 
reports of suspected abuse or neglect.