Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES HEADING: PL 1981, C. 527, §1 (NEW)
1.Subpoenas and obtaining criminal history.
The commissioner, his delegate or the legal counsel for the department may:
A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession 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.
(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 [2003, c. 653, §15 (AMD).]
B. Obtain nonconviction data and other criminal history record information under Title 16, section 611, which the commissioner, the commissioner's delegate or the legal counsel for the department deems relevant to a case of alleged abuse, neglect or exploitation. [RR 2009, c. 2, §56 (COR).]
RR 2009, c. 2, §56 (COR)
Information or records obtained by subpoena shall be treated in accordance with section 3474.
1981, c. 527, §2 (NEW)
3.Right of entry and access to records of licensed facilities.
The department and any duly designated officer or employee of the department have the right to enter upon and into the premises
of any facility licensed under sections 1817 and 7801 in order to obtain information necessary and relevant to an investigation
of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding. The department has
access to all records in the facility's possession that are relevant to the investigation of a report of suspected abuse,
neglect or exploitation and any subsequent adult protective proceeding and is not required to issue a subpoena to the facility
before obtaining access to the records.
1995, c. 696, Pt. B, §4 (NEW)
1981, c. 527, §2 (NEW).
1995, c. 696, §B4 (AMD).
2003, c. 653, §15 (AMD).
RR 2009, c. 2, §56 (COR).
Data for this page extracted on 10/16/2012 08:28:12.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.