LD 1765
pg. 4
Page 3 of 10 An Act To Clarify the Responsibilities under the Adult Protective Services Act ... Page 5 of 10
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LR 2644
Item 1

 
B. Requests for emergency guardianships arising from the
need for emergency medical treatment or placement in adult
foster homes, boarding homes assisted living programs,
residential care facilities or nursing homes facilities or
for orders necessary to apply for or preserve an estate in
emergency situations.

 
Sec. 5. 22 MRSA §3474, sub-§2, as amended by PL 1989, c. 7, Pt. N, §2
and c. 858, §§6 to 8, is further amended to read:

 
2. Optional disclosure of records. The department may
disclose relevant information in the records to the following
persons, with protection for the identity of reporters and other
persons when appropriate:

 
A. An agency responsible for investigating a report of
adult abuse, neglect or exploitation when the investigation
is authorized by statute or by an agreement with the
department;

 
B. An advocacy agency conducting an investigation under
chapter 961, United States Public Law 88-164, Title I, Part
C or United States Public Law 99-319, except as provided in
subsection 3, paragraph D;

 
C. A physician treating an incapacitated or dependent adult
whom he who the physician reasonably suspects may be abused,
neglected or exploited;

 
D. An incapacitated or dependent adult named in a record
who is reported to be abused, neglected or exploited, or the
caretaker of the incapacitated or dependent adult, with
protection for identity of reporters and other persons when
appropriate;

 
E. A person having the legal responsibility or
authorization to care for, evaluate, treat or supervise an
incapacitated or dependent adult;

 
F. Any person engaged in bona fide research, provided that
no personally identifying information is made available,
unless it is essential to the research and the commissioner
or the commissioner's designee gives prior approval. If the
researcher desires to contact a subject of a record, the
subject's consent must be obtained by the department prior
to the contact;

 
G. Persons and organizations pursuant to Title 5, section
9057, subsection 6, and pursuant to chapter 857; and


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