LD 1606
pg. 10
Page 9 of 11 An Act To Amend the Adult Protective Services Act Page 11 of 11
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LR 1946
Item 1

 
reporting, cooperating with the department in an investigation or
other protective activity or giving evidence in a protective
proceeding.__Information released to the department pursuant to
this section must be kept confidential and may not be disclosed by
the department except as provided in section 3474.

 
A statement made to a licensed mental health professional in
the course of counseling, therapy or evaluation in a case in
which a privilege is abrogated under this section may not be used
against the client in a criminal proceeding except to rebut the
client's testimony contradicting that statement.__Nothing in this
section may limit any responsibilities of the professional
pursuant to this Act.

 
Sec. 15. 22 MRSA §3481, first ¶, as enacted by PL 1981, c. 527, §2, is
amended to read:

 
When it has been determined that an incapacitated adult or
dependent a vulnerable adult is in need of protective services,
the department shall immediately provide or arrange for
protective services, provided that the adult consents.

 
Sec. 16. 22 MRSA §3481, sub-§1, as enacted by PL 1981, c. 527, §2, is
amended to read:

 
1. Consent. If an incapacitated adult or dependent a
vulnerable adult does not consent to the receipt of protective
services, or if he that adult withdraws consent, the service
shall may not be provided.

 
Sec. 17. 22 MRSA §3484, as enacted by PL 1981, c. 527, §2, is
amended to read:

 
§3484. Payment for protective services

 
At the time the department makes an evaluation of the case
reported, it shall must be determined, according to regulations
set by the commissioner, whether the incapacitated adult or
dependent vulnerable adult is financially capable of paying for
the essential services. To the extent that assets are available
to the incapacitated adult or dependent adults vulnerable adult,
or wards ward or protected person, the cost of services shall
must be borne by the estate of persons a person receiving those
services.

 
Sec. 18. 22 MRSA §3485, as amended by PL 1995, c. 183, §1, is
further amended to read:

 
§3485. Reporting abuse


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