An Act to Prohibit Medical Providers and Certain Others from
Maine Legislature, Session 132, LD 1001
Committee: Health and Human Services
Sponsors: MILLIKEN, BRENNER
Amends: 22 MRSA §4004-B, 22 MRSA §4011-A, 22 MRSA §4011-B

Legislative Document
No. 1001
H.P. 648
House of Representatives, March 11, 2025
An Act to Prohibit Medical Providers and Certain Others from 
Reporting Prescribed Medication-assisted Treatment of Parents to 
Child Protective Services
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Senator BRENNER of Cumberland and
Representative: DILL of Old Town, Senator: MOORE of Washington.
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 
by enacting at the end a new paragraph to read:
If an infant is identified as affected by substance use or withdrawal symptoms from 
prenatal drug exposure resulting only from the parent's receiving medication-assisted 
treatment, as defined in section 4011-B, subsection 2, paragraph B, and there is no evidence 
that the infant is abused or neglected or at risk of being abused or neglected, the 
requirements of this section do not apply.
Sec. 2.  22 MRSA §4011-A, sub-§4-A is enacted to read:
4-A.  Medication-assisted treatment.  Notwithstanding any provision of law to the 
contrary, a person who is otherwise required under this section to report to the department 
any suspicion or knowledge of abuse or neglect may not report that a custodial parent, 
parent, foster parent or other person responsible for the child is receiving medication-
assisted treatment as defined in section 4011-B, subsection 2, paragraph B if there is no 
suspicion that a child has been or is at risk of being abused or neglected.
Sec. 3.  22 MRSA §4011-B, sub-§1, as amended by PL 2019, c. 342, §3, is further 
amended to read:
1.  Notification of prenatal exposure to drugs or having a fetal alcohol spectrum 
disorder.  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 
unless the infant is born to a parent who is receiving medication-assisted treatment and 
there is no evidence of abuse or neglect. If a health care provider notifies the department 
that an infant is born to a parent who is receiving medication-assisted treatment when there 
is no evidence of abuse or neglect, the department may not take any further action based 
on the notification. The notification required by this subsection 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.
Sec. 4.  22 MRSA §4011-B, sub-§2, as enacted by PL 2003, c. 673, Pt. Z, §5, is 
repealed and the following enacted in its place:
2.  Definitions.  As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings.
A.  "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 or provides services to a newborn child.
B.  "Medication-assisted treatment" means a treatment method that consists of, or 
includes, medication approved by the federal Food and Drug Administration for the 
treatment of substance use disorder provided by a health care provider or at a 
methadone treatment program.
Sec. 5.  22 MRSA §4011-B, sub-§3 is enacted to read:
3.  Develop plan for safe care.  For an infant who a health care provider knows or has 
reasonable cause to suspect has been born affected by substance use or has withdrawal 
symptoms that require medical monitoring or care beyond standard newborn care due to 
the parent's receiving medication-assisted treatment, but when there is no evidence of abuse 
or neglect, the health care provider shall develop a plan for the safe care of the infant and, 
in appropriate cases, refer the infant or parent or both to a social service agency or another 
health care provider for any required services.
SUMMARY
This bill modifies the requirements for notification to the Department of Health and 
Human Services when an infant is born affected by substance use or 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.  If 
the infant is affected by substances because the infant is born to a person who is receiving 
medication-assisted treatment but there is no apparent risk of abuse or neglect, the health 
care provider may not notify the department and must develop a plan of care for the infant. 
If the health care provider notifies the department anyway, the department may not take 
further action. The bill also prohibits a mandated reporter from notifying the department 
that a parent or other person responsible for the child is receiving medication-assisted 
treatment when there is no suspicion of abuse or neglect.