An Act to Improve
Maine Legislature, Session 132, LD 0156
Committee Amendment CA_A_H650 (House)
Amends: 22 MRSA §4002, 22 MRSA §4004-B, 22 MRSA §4004-C, 22 MRSA §4011-B, 22 MRSA §4011-C

COMMITTEE AMENDMENT "A" to H.P. 89, L.D. 156, "An Act to Improve 
Notifications Related to Substance-exposed Infants» 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §4002, sub-§5-D is enacted to read: 
5-D. Family care plan. "Family care plan" means a plan of safe care as described in 
the federal Child Abuse Prevention and Treatment Act. 
Sec. 2. 22 MRSA §4004-B, as amended by PL 2019, c. 342, §2, is repealed. 
Sec. 3. 22 MRSA §4004-C is enacted to read: 
§4004-C. Infants born affected by substance abuse or withdrawal symptoms resulting 
from prenatal drug exposure or fetal alcohol spectrum disorder 
The department shall: 
1. Receive notifications. Receive notifications from health care providers, or their 
designees, regarding infants who are identified as having been bom affected by substance 
abuse or having withdrawal symptoms resulting from prenatal drug exposure or who have 
a fetal alcohol spectrum disorder; 
2. Develop family care plan, For each infant for whom the department receives a 
notification under subsection 1, develop, with the assistance of any health care provider 
involved in the infant's caregiver's or the infant's medical or mental health care, a family 
care plan, including any appropriate referrals for services for the child or caregiver. This 
subsection may not be construed as limiting a health care provider's ability to develop a 
family care plan for any family who could benefit from one; 
3. Collect data; Collect data for reporting in a manner that complies with the federal 
Child Abuse Prevention and Treatment Act: 
4. Comply with section 4004. For any infant about whom the department receives a 
report of abuse or neglect. comply with section 4004, subsection 2: and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 89, L.D. 156 
5. Adopt rules. Adopt rules to implement this section. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
For the 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) 
and (22) or any person who assists in the delivery or birth of a child for compensation, 
including, but not limited to, a midwife. 
Sec. 4. 22 MRSA §4011-B, as amended by PL 2019, c. 342, §3, is repealed. 
Sec. 5. 22 MRSA §4011-C is enacted to read: 
§4011-C. Notification regarding infants affected by substance abuse or withdrawal 
symptoms resulting from prenatal drug exposure or fetal alcohol spectrum 
disorder 
1. Notification regarding infants affected by substance abuse or withdrawal 
symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder. 
A health care provider involved in the delivery or care of an infant the provider identifies 
as having been born affected by substance abuse, as having withdrawal symptoms resulting 
from prenatal drug exposure or as having a fetal alcohol spectrum disorder shall notify the 
department of that condition in the infant. 
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. 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, 
subsection 1, paragraph A. 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. 
3. 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) and (22) or any person who assists in the delive1y or birth of a child for 
compensation, including, but not limited to, a midwife. 
4. Rulemaking. The department shall adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It establishes and defines a family care plan in 
statute as a plan of safe care as described in the federal Child Abuse Prevention and 
Treatment Act. 
It specifies the procedures for health care providers to notify the 
Department of Health and Human Services regarding infants affected by substance abuse 
or withdrawal symptoms resulting from prenatal drug exposure, including developing a 
family care plan. It requires data collection in a manner that complies with federal law. 
COMMITTEE AMENDMENT 
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COMMITTEE AMEND:MENT "A" to H.P. 89, L.D, 156 
The amendment also strikes the language in the bill that removes references in law to 
notifications not being construed to establish a definition of "abuse" or "neglect" or to 
require prosecution. It removes references to investigations by the Department of Health 
and Human Services upon notification. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29/25 LRL-
LD 156 
LR 271(02) 
An Act to Improve Notifications Related to Substance-exposed Infants 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment :a:' ( H - ~s O) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additionaJ costs to the Department of Health and Human Services from the provisions of this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR0271(02) - Fiscal Note - Page 1 of 1