Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Me. Rev. Stat. tit. 22, § 3472(2), (6), (10).
Me. Rev. Stat. tit. 22, § 3479.
Me. Rev. Stat. tit. 22, § 3479-A(1).
Me. Rev. Stat. tit. 32, § 16802.
Me. Rev. Stat. tit. 32, § 16801(1)(A)-(B), (3).
Me. Rev. Stat. tit. 32, § 16803.
Me. Rev. Stat. tit. 32, § 16806(1), (2)(A)-(B), (3).
Me. Rev. Stat. tit. 32, § 16807.
(Mandated? Permissive?)
An agent, investment adviser representative or individual who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser. (Mandated)
Any person. (Permissive)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. Me. Rev. Stat. tit.32, § 16806(1).
A delay of a disbursement as authorized by this section expires upon the sooner of: A. A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the eligible adult; or B. Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless the Department of Health and Human Services or the administrator requests that the broker-dealer or investment adviser extend the delay, in which case the delay expires no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless terminated earlier by the Department of Health and Human Services or the administrator or by an order of a court of competent jurisdiction. 3. Judicial order. A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief based on a petition from the Department of Health and Human Services or the administrator or from the broker-dealer or the investment adviser that initiated the delay under this section or from another interested party. Me. Rev. Stat. tit.32, § 16806(2)(A)-(B), (3).
While acting in a professional capacity: an allopathic or osteopathic physician; a medical resident or intern; a medical examiner; a physician’s assistant; a dentist, dental hygienist or dental assistant; a chiropractor; a podiatrist; a registered or licensed practical nurse; a certified nursing assistant; a social worker; a psychologist; a pharmacist; a physical therapist; a speech therapist; an occupational therapist; a mental health professional; a law enforcement official, corrections officer or other person holding a certification from the Maine Criminal Justice Academy; emergency room personnel; an ambulance attendant; an emergency medical technician or other licensed medical service provider; unlicensed assistive personnel; a humane agent employed by the Department of Agriculture, Conservation and Forestry; a clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications; a sexual assault counselor; a family or domestic violence victim advocate; a naturopathic doctor; a respiratory therapist; a court-appointed guardian or conservator; or a chair of a professional licensing board that has jurisdiction over mandated reporters; or any person who has assumed full, intermittent or occasional responsibility for the care or custody of the incapacitated or dependent adult, regardless of whether the person receives compensation; or any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation; or any person providing transportation services as a volunteer or employee of an agency, business or other entity, whether or not the services are provided for compensation. Me. Rev. Stat.tit.22, § 3477(1)(A)-(D).
Any person may make a report to the department when that person has reasonable cause to suspect an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation. Me. Rev.Stat.tit.22, § 3479.
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the qualified individual shall promptly notify the Department of Health and Human Services and the administrator. Me. Rev. Stat. tit.32, § 16802.
Qualified Individual: An agent, investment adviser representative or individual who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser. Me. Rev. Stat. tit.32, § 16801(3).
Incapacitated Adult: An adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. Me. Rev. Stat. tit. 22, § 3472(10).
Dependent Adult: An adult who has a physical or mental condition that substantially impairs the adult’s ability to adequately provide for that adult’s daily needs, including, but not limited to (a) a resident of a nursing home licensed or required to be licensed under section 1817; (b) a resident of a facility providing assisted living services licensed or required to be licensed pursuant to section 7801; (c) a person considered a dependent person under Title 17-A, section 555; or (d) a person, regardless of where that person resides, who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the person suffers from a significant limitation in mobility, vision, hearing or emotional or mental functioning. Me. Rev. Stat. tit. 22, § 3472(6).
Adult: Any person who has attained 18 years of age or who is a legally emancipated minor. Me. Rev. Stat. tit. 22, § 3472(2).
Eligible Adult: An individual 65 years of age or older; or B. An individual protected under the Adult Protective Services Act (“incapacitated” or “dependent” adult as defined above). Me. Rev. Stat. tit.32, § 16801(1)(A)-(B).
Yes.
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. Me. Rev. Stat. tit.22, § 3479-A(1).
A qualified individual who in good faith and exercising reasonable care makes a disclosure of information pursuant to section 16802 is immune from any administrative or civil liability that might otherwise arise from the disclosure or for a failure to notify the eligible adult of the disclosure. Me. Rev. Stat. tit.32, § 16803.
A broker-dealer or investment adviser that in good faith and exercising reasonable care complies with section 16806 is immune from any administrative or civil liability that might otherwise arise from a delay in a disbursement in accordance with section 16806. Me. Rev. Stat. tit.32, § 16807.
** See Senior Safe Act
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