SP0395
LD 1275
PUBLIC Law, Chapter 206

on - Session - 129th Maine Legislature
 
 
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An Act To Support Access to Health Services for Homeless Youth in Maine

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1503, sub-§1,  as enacted by PL 1995, c. 694, Pt. C, §8 and affected by Pt. E, §2, is repealed and the following enacted in its place:

1 Living separately; independent of parental support.   Is living separately from parents or a legal guardian and is independent of parental support. A minor may prove that the minor meets the requirements of this subsection with documentation including, but not limited to:
A A written statement affirming that the minor is living separately from parents or a legal guardian and is independent of parental support signed by:

(1) A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons;

(2) A local education agency liaison for homeless children and youth designated pursuant to 42 United States Code, Section 11432(g)(1)(J)(ii) or a school social worker or counselor; or

(3) An attorney representing the minor in any legal matter;

B A copy of a protection from abuse complaint or a temporary order or final order of protection against the minor's parent or legal guardian; or
C Proof of filing a petition for emancipation pursuant to Title 15, section 3506-A;

Sec. 2. 22 MRSA §1503,  as enacted by PL 1995, c. 694, Pt. C, §8 and affected by Pt. E, §2, is amended by adding at the end a new paragraph to read:

A health care practitioner who obtains documentation that meets the requirements of this section prior to providing medical, mental, dental or other health counseling or services to a minor pursuant to this section is immune from any civil or criminal liability based on the health care practitioner's determination to provide services, except that a health care practitioner may be held liable for the health care practitioner's gross negligence or willful or wanton acts or omissions.

Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.


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