Maine Revised Statutes Title 22 Sec. 4011-B – Notification of prenatal exposure to drugs or having a fetal alcohol spectrum disorder
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1. Notification of prenatal exposure to drugs or having a fetal alcohol spectrum disorder. A health care provider involved in the delivery or care of an infant who the provider knows or has reasonable cause to suspect has been born affected by substance use, has withdrawal symptoms that require medical monitoring or care beyond standard newborn care when those symptoms have resulted from or have likely resulted from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or has a fetal alcohol spectrum disorder shall notify the department of that condition in the infant. The notification required by this subsection must be made in the same manner as reports of abuse or neglect required by this subchapter.
A. This section, and any notification made pursuant to this section, may not be construed to establish a definition of “abuse” or “neglect.” [PL 2003, c. 673, Pt. Z, §5 (NEW).]
B. This section, and any notification made pursuant to this section, may not be construed to require prosecution for any illegal action, including, but not limited to, the act of exposing a fetus to drugs or other substances. [PL 2003, c. 673, Pt. Z, §5 (NEW).]
[PL 2019, c. 342, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4011-B
- Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Fetal alcohol spectrum disorder: means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. See Maine Revised Statutes Title 22 Sec. 4002
- Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002
2. Definition. For purposes of this section, “health care provider” means a person described in section 4011?A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20) or (22) or any person who assists in the delivery or birth of a child for compensation, including, but not limited to, a midwife.
[PL 2003, c. 673, Pt. Z, §5 (NEW).]
SECTION HISTORY
PL 2003, c. 673, §Z5 (NEW). PL 2013, c. 192, §3 (AMD). PL 2017, c. 407, Pt. A, §84 (AMD). PL 2019, c. 342, §3 (AMD).