§ 25 §2415 — Reporting by health care practitioner

1.
Reasonable cause to suspect; information disclosed.
A health care practitioner, as defined by Title 24, section 2502, subsection 1‑A, who, as a result of the practitioner's examination or treatment of a person for a burn injury, has reasonable cause to suspect that the burn injury was sustained in connection with an act of arson, may report to the Office of the State Fire Marshal. The health care practitioner's report may include the name and address of the person examined or treated, the basis for the practitioner's suspicion and other information which, in the judgment of the practitioner, may aid in investigation by the Office of the State Fire Marshal.
2.
Immunity.
A health care practitioner who, acting in good faith in reporting under this section or participating in a related investigation or proceeding, makes a report pursuant to subsection 1 is immune from civil or criminal liability for the act of reporting or participating in a related investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false. Nothing in this section may be construed to bar criminal or civil action regarding perjury.
3.
Presumption of good faith.
In a proceeding regarding immunity from liability, there shall be a rebuttable presumption that a report made under subsection 1 was made in good faith.
4.
Privileged or confidential communications.
The physician-patient privilege under the Maine Rules of Evidence is abrogated in relation to a report authorized under subsection 1.

Legislative History

PL 1989, c. 267 (NEW).