A.__The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives from the professional's treatment of the individual suspected of being abused, neglected or exploited;

B.__The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and

C.__In the opinion of the person required to report, the individual is not incapacitated and the individual's life or health is not immediately threatened.

Sec. 13. 22 MRSA §3479, as repealed and replaced by PL 1989, c. 858, §12, is amended to read:

§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 or dependent 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. 14. 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 state or local laws or rules regarding confidentiality of information.

Sec. 15. 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.