HP0242, LD 337, item 1, An Act To Require That Burn Injuries and Wounds Be Reported to the Office of the State Fire Marshal

An Act To Require That Burn Injuries and Wounds Be Reported to the Office of the State Fire Marshal

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1725 is enacted to read:

§ 1725. Report to the State Fire Marshal

A health care practitioner shall report to the State Fire Marshal burn injuries and wounds as provided in this section.

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Health care practitioner" means a physician or a person certified, registered or licensed in the healing arts, including but not limited to a nurse, podiatrist, optometrist, chiropractor, physical therapist, dentist, counselor, psychologist, physician assistant or veterinarian.

B. "Office" means the Office of the State Fire Marshal as established in Title 25, section 2396.

C. "Reportable burn injury" means a burn injury or wound in which the victim has sustained:

(1) Second-degree or 3rd-degree burns to 5% of the body;

(2) Burns to the upper respiratory tract or sustained laryngeal edema from inhaling superheated air; or

(3) Burns or wounds that may result in the death of the victim.

2. Requirement. Within 72 hours of being called upon to treat, dress or bandage a reportable burn injury, a health care practitioner shall notify the office. The report must be made in the manner and on the forms required by the office.

3. Privileged or confidential communications and health care information. The health care professional-patient privilege under the Maine Rules of Evidence, Rule 503 is abrogated for the purposes of reporting under subsection 2. A report made under subsection 2 is considered to be required by statute for the purposes of section 1711-C, subsection 6, paragraph F-1.

4. Immunity from liability. A health care practitioner who reports in good faith under subsection 2 is immune from any criminal or civil liability for the act of reporting. In a proceeding regarding immunity from liability, there is a rebuttable presumption that a report made under subsection 2 is made in good faith.

5. Rules. The office shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

summary

This bill establishes a requirement that health care practitioners report to the Office of the State Fire Marshal within the Department of Public Safety certain burn injuries and wounds. The bill authorizes the Office of the State Fire Marshal to adopt routine technical rules as required for reporting. The bill provides criminal and civil immunity for persons who report in good faith, abrogates the health care practitioner-patient privilege for the purposes of reporting, provides a rebuttable presumption of good faith and clarifies that a report made pursuant to the law is an exception to certain confidentiality requirements for the purposes of the Maine Revised Statutes, Title 22, section 1711-C, subsection 6, paragraph F-1.

HP0242 LD 337	Session - 126th Maine Legislature		LR 144 Item 1
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