CHAPTER 602
H.P. 1437 - L.D. 1940
An Act To Clarify Departmental Reporting Requirements for Developmental Disability Prevention Activities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3573, as amended by PL 2001, c. 354, §3, is repealed and the following enacted in its place:
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Developmental disability" means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:
(1) Is manifested before the person reaches 22 years of age;
(2) Is likely to continue indefinitely;
(3) Results in substantial functional limitations in 3 or more of the following areas of major life activity:
(a) Self-care;
(b) Receptive and expressive language;
(c) Learning;
(d) Mobility;
(e) Self-direction;
(f) Capacity for independent living; and
(g) Economic self-sufficiency.
A person from birth through 9 years of age who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting 3 of the criteria stated in this subparagraph if there is a high probability that the person will meet those criteria later in life if services and supports are not provided to the person; and
(4) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of a lifelong or extended duration and are individually planned and coordinated.
B. "Mental and physical impairments" include, but are not limited to, the following conditions: mental retardation, autism, cerebral palsy, Asperger syndrome, mental illness, Prader-Willi syndrome and epilepsy.
2. Reporting requirements. The Department of Human Services, Department of Behavioral and Developmental Services and Department of Education shall by January 15th of each year submit a joint report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding activities conducted over the past fiscal year related to the prevention of developmental disabilities and underlying mental and physical impairments and plans for such activities in the succeeding year. The report must also include data on the incidence rate of births of developmentally disabled children in the State.
3. Limitation. The provisions of this section may not be interpreted to expand or otherwise affect the requirements of the Department of Behavioral and Developmental Services to provide services to children and families under section 3571, subsection 2 or under Title 34-B.
Effective July 30, 2004, unless otherwise indicated.
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