LD 1765
pg. 5
Page 4 of 10 An Act To Clarify the Responsibilities under the Adult Protective Services Act ... Page 6 of 10
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LR 2644
Item 1

 
H. A relative by blood, marriage or adoption of an
incapacitated or dependent adult named in a record.; and

 
I.__A member of a panel appointed by the department or the
Office of the Attorney General to review the death or
serious injury of an incapacitated or dependent adult or a
child.

 
Sec. 6. 22 MRSA §3474, sub-§3, ¶B, as amended by PL 1985, c. 644, §2,
is further amended to read:

 
B. A court on its finding that access to those records may
be necessary for the determination of any issue before the
court. Access shall must be limited to incamera in camera
inspection, unless the court determines that public
disclosure of the information is necessary for the
resolution of an issue pending before it;

 
Sec. 7. 22 MRSA §3475, as amended by PL 1981, c. 705, Pt. E, §1, is
further amended to read:

 
§3475. Penalty for violations

 
A person who knowingly violates a provision of this chapter
commits a civil violation for which a forfeiture of not more than
$500 may be adjudged. Any licensed, registered, accredited or
certified professional who has been adjudged to have violated a
provision of this chapter shall must, in addition to any
financial penalty, be reported by the court or the department to
the appropriate professional licensing organization, registration
board, accrediting unit or facility.

 
Sec. 8. 22 MRSA §3477, sub-§1, as amended by PL 2003, c. 145, §1 and
c. 210, §§1 and 2, is repealed and the following enacted in its
place:

 
1.__Report required.__The following persons immediately shall
report to the department when the person has reasonable cause to
suspect that an incapacitated or dependent adult has been or is
at substantial risk of abuse, neglect or exploitation:

 
A.__While acting in a professional capacity:

 
(1)__An allopathic or osteopathic physician;

 
(2)__A medical intern;

 
(3)__A medical examiner;

 
(4)__A physician's assistant;


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