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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 433
H.P. 885 - L.D. 1211

An Act To Amend the Laws Relating to Medical Certification of the Cause of Death and the Medical Examiner Act and To Create the Maine Elder Death Analysis Review Team

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

     Sec. 1. 5 MRSA §200-H is enacted to read:

§200-H. Maine Elder Death Analysis Review Team

     There is created, within the Office of the Attorney General, the Maine Elder Death Analysis Review Team, referred to in this section as "the team."

     1. Composition. The team is composed of 13 members as follows:

     2. Designees; terms of office. An ex officio member may appoint a designee to represent the ex officio member on the team. A designee, once appointed, qualifies as a full voting member of the team who may hold office and enjoy all the other rights and privileges of full membership on the team. All of the appointed members of the team serve for a term of 3 years. Any vacancy on the team must be filled in the same manner as the original appointment, but for the unexpired term.

     3. Meetings; officers. The team shall meet at such time or times as may be reasonably necessary to carry out its duties, but it shall meet at least once in each calendar quarter at such place and time as the team determines, and it shall meet at the call of the chair. The Attorney General shall call the first meeting before January 1, 2004. The team shall organize initially and thereafter annually by electing a chair and a vice-chair from among its members. The vice-chair shall also serve as secretary.

     4. Powers and duties. The team shall examine deaths and serious injuries associated with suspected abuse or neglect of elderly adults and vulnerable adults. The purpose of such examinations is to identify whether systems that have the responsibility to assist or protect victims were sufficient for the particular circumstances or whether such systems require adjustment or improvement. The team shall recommend methods of improving the system for protecting persons from abuse and neglect, including modifications of statutes, rules, training and policies and procedures.

     5. Access to information and records. In any case subject to review by the team, upon oral or written request of the team, notwithstanding any other provision of law, any person that possesses information or records that are necessary and relevant to a team review shall as soon as practicable provide the team with the information and records. Persons disclosing or providing information or records upon request of the team are not criminally or civilly liable for disclosing or providing information or records in compliance with this subsection.

     6. Confidentiality. The proceedings and records of the team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The Office of the Attorney General shall disclose conclusions of the review team upon request, but may not disclose information, records or data that are otherwise classified as confidential.

     Sec. 2. 22 MRSA §2842, sub-§2-A is enacted to read:

     2-A. Medical certification. Notwithstanding subsection 2, with respect to a person who dies within the State naturally and for whom the physician was the attending physician the medical certification of the cause of death may be completed and signed by a physician authorized to practice at the Veterans Administration Hospital at Togus or at another federal medical facility within the State or by a physician licensed to practice in New Hampshire, Vermont or Massachusetts, who, at the request of the Chief Medical Examiner, is willing to do so.

     Sec. 3. 22 MRSA §3025, sub-§1, as amended by PL 2001, c. 222, §4 and c. 354, §3, is further amended to read:

     1. Circumstances of death that must be reported. A medical examiner case exists may exist and must be reported as provided in section 3026 when remains are found which that may be human and raise suspicion that death has occurred under any of the following circumstances:

In any case in which the necessity of a report is questionable, a report must be made.

     Sec. 4. 22 MRSA §3025, sub-§1-A is enacted to read:

     1-A. Medical examiner case determination. Notwithstanding that a case must be reported under subsection 1, the acceptance of any reported death as a medical examiner case is to be determined by the Chief Medical Examiner unless acceptance is specifically ordered by the Attorney General or district attorney having jurisdiction.

The following deaths that must be reported need not be accepted by the Chief Medical Examiner as a medical examiner case:

These reportable deaths may be referred back to the attending physician by the Chief Medical Examiner for certification of the death, even though the attending physician has not treated the patient for the specific natural disease that the attending physician will enter as the physician's diagnosis.

     Sec. 5. 22 MRSA §3025, sub-§2, as amended by PL 2001, c. 222, §5, is repealed.

     Sec. 6. 22 MRSA §3025, sub-§4, as amended by PL 2001, c. 222, §6, is repealed.

Effective September 13, 2003, unless otherwise indicated.

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