| | Sec. 12. 22 MRSA §3480, sub-§1, ķA, as enacted by PL 1981, c. 527, §2, | is amended to read: |
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| 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. |
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| (1) The department may apply to the District Court and | Probate Court to enforce a subpoena; and. |
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| (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 |
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| | Sec. 13. 22 MRSA §3480-A is enacted to read: |
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| §3480-A.__Privileged or confidential communications |
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| | The husband-wife, physician-patient and psychotherapist- | patient privileges under the Maine Rules of Evidence and the | confidential quality of communications under section 1711-C, | Title 24-A, section 4224 and Title 32, sections 1092-A and 7005 | are abrogated in relation to required 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. |
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| | 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.__This section | does not limit any responsibilities of the professional pursuant | to this Act. |
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| | Sec. 14. 22 MRSA §3484, as enacted by PL 1981, c. 527, §2, is | amended to read: |
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| §3484. Payment for protective services |
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| | 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 or dependent |
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