§3479. Optional reporting

Any person may make a report if to the department when that person knows or has reasonable cause to suspect an incapacitated adult or vulnerable adult has been or is at substantial risk of abuse, neglect or exploitation of an incapacitated or dependent adult, or has reasonable cause to suspect that an adult is incapacitated.

Sec. 12. 22 MRSA §3479-A, sub-§1, as enacted by PL 1981, c. 705, Pt. E, §2, is amended to read:

1. Reporting and proceedings. A person participating in good faith in reporting under this subchapter, or in a related adult protection investigation or proceeding, is immune from any civil liability that might otherwise result from these actions, including, but not limited to, any civil liability that might otherwise arise under other state or local laws or rules regarding confidentiality of information.

Sec. 13. 22 MRSA §3480, sub-§1, ķA, as enacted by PL 1981, c. 527, §2, is amended to read:

A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession which that are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding, including, but not limited to, health care information that is confidential under section 1711-C;

(1) The department may apply to the District Court and Probate Court to enforce a subpoena; and

(2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department; and

Sec. 14. 22 MRSA §3480-A is enacted to read:

§3480-A.__Privileged or confidential communications

The husband-wife, physician-patient and psychotherapist- patient privileges under the Maine Rules of Evidence and the confidential quality of communications under Title 22, section 1711; Title 24-A, section 4224; and Title 32, sections 1092-A and 7005, are abrogated in relation to required