LD 1606
pg. 5
Page 4 of 11 An Act To Amend the Adult Protective Services Act Page 6 of 11
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LR 1946
Item 1

 
B. Requests for emergency guardianships arising from the need
for emergency medical treatment or placement in adult foster
homes, boarding homes or nursing homes assisted living
programs, residential care facilities or nursing facilities or
for orders necessary to apply for or preserve an estate in
emergency situations.

 
Sec. 4. 22 MRSA §3474, sub-§2, as amended by PL 1989, c. 7, Pt. N, §2
and c. 858, §§6 to 8, is further amended to read:

 
2. Optional disclosure of records. The department may
disclose relevant information in the records to the following
persons, with protection for identity of reporters and other
persons when appropriate:

 
A. An agency responsible for investigating a report of
adult abuse, neglect or exploitation when the investigation
is authorized by statute or by an agreement with the
department;

 
B. An advocacy agency conducting an investigation under
chapter 961, United States Public Law 88-164, Title I, Part
C or United States Public Law 99-319, except as provided in
subsection 3, paragraph D;

 
C. A physician treating an incapacitated adult or dependent
a vulnerable adult whom he who the physician reasonably
suspects may be abused, neglected or exploited;

 
D. An incapacitated adult or dependent a vulnerable adult
named in a record who is reported to be abused, neglected or
exploited, or the caretaker of the incapacitated adult or
dependent vulnerable adult, with protection for identity of
reporters and other persons when appropriate;

 
E. A person having the legal responsibility or
authorization to care for, evaluate, treat or supervise an
incapacitated adult or dependent a vulnerable adult;

 
F. Any person engaged in bona fide research, provided that
no personally identifying information is made available,
unless it is essential to the research and the commissioner
or the commissioner's designee gives prior approval. If the
researcher desires to contact a subject of a record, the
subject's consent must be obtained by the department prior
to the contact;

 
G. Persons and organizations pursuant to Title 5, section
9057, subsection 6, and pursuant to chapter 857; and


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