Bill Summary – FastDemocracy

                                                                 APPROVED                 CHAPTER
                                                                 JUNE 18, 2025                 353
                                                                BY GOVERNOR              PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                            IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                          _____
                                   H.P. 89 - L.D. 156
    An Act to Improve Notifications Related to Substance-exposed Infants
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 22 MRSA §4002, sub-§5-D is enacted to read:
    5-D. Family care plan. "Family care plan" means a plan of safe care as described in
the federal Child Abuse Prevention and Treatment Act.
    Sec. 2. 22 MRSA §4004-B, as amended by PL 2019, c. 342, §2, is repealed.
    Sec. 3. 22 MRSA §4004-C is enacted to read:
§4004-C. Infants born affected by substance abuse or withdrawal symptoms resulting
       from prenatal drug exposure or fetal alcohol spectrum disorder
    The department shall:
     1. Receive notifications. Receive notifications from health care providers, or their
designees, regarding infants who are identified as having been born affected by substance
abuse or having withdrawal symptoms resulting from prenatal drug exposure or who have
a fetal alcohol spectrum disorder;
    2. Develop family care plan. For each infant for whom the department receives a
notification under subsection 1, develop, with the assistance of any health care provider
involved in the infant's caregiver's or the infant's medical or mental health care, a family
care plan, including any appropriate referrals for services for the child or caregiver. This
subsection may not be construed as limiting a health care provider's ability to develop a
family care plan for any family who could benefit from one;
    3. Collect data. Collect data for reporting in a manner that complies with the federal
Child Abuse Prevention and Treatment Act;
    4. Comply with section 4004. For any infant about whom the department receives a
report of abuse or neglect, comply with section 4004, subsection 2; and
    5. Adopt rules. Adopt rules to implement this section. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
                                   Page 1 - 132LR0271(03)
    For the purposes of this section, "health care provider" means a person described in
section 4011-A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20)
and (22) or any person who assists in the delivery or birth of a child for compensation,
including, but not limited to, a midwife.
    Sec. 4. 22 MRSA §4011-B, as amended by PL 2019, c. 342, §3, is repealed.
    Sec. 5. 22 MRSA §4011-C is enacted to read:
§4011-C. Notification regarding infants affected by substance abuse or withdrawal
       symptoms resulting from prenatal drug exposure or fetal alcohol spectrum
       disorder
    1. Notification regarding infants affected by substance abuse or withdrawal
symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder.
A health care provider involved in the delivery or care of an infant the provider identifies
as having been born affected by substance abuse, as having withdrawal symptoms resulting
from prenatal drug exposure or as having a fetal alcohol spectrum disorder shall notify the
department of that condition in the infant.
    A. This section, and any notification made pursuant to this section, may not be
    construed to establish a definition of "abuse" or "neglect."
    B. This section, and any notification made pursuant to this section, may not be
    construed to require prosecution for any illegal action, including, but not limited to, the
    act of exposing a fetus to drugs or other substances.
    2. Report. When a health care provider suspects that an infant has been abused or
neglected, the provider shall report to the department in accordance with section 4011-A,
subsection 1, paragraph A. If the infant has a family care plan developed under section
4004-C, subsection 2, a copy of the family care plan must accompany the report.
    3. Definition. For purposes of this section, "health care provider" means a person
described in section 4011-A, subsection 1, paragraph A, subparagraphs (1) to (10), (15),
(17) to (20) and (22) or any person who assists in the delivery or birth of a child for
compensation, including, but not limited to, a midwife.
    4. Rulemaking. The department shall adopt rules to implement this section. Rules
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.
                                    Page 2 - 132LR0271(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 353: 22.4004, 22.4011