22 M.R.S. § 2697 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2697
22 §2697. Profiteering in prescription drugs
Status: in_force

Prescription drugs are a necessity of life. Profiteering in prescription drugs is unlawful and is subject to the provisions of this section. The provisions of this section apply to manufacturers, distributors and labelers of prescription drugs. [PL 1999, c. 786, Pt. A, §3 (NEW).]

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (1999). [PL 1999, c. 786, Pt. A, §3 (NEW).] B. "Manufacturer" means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. [PL 1999, c. 786, Pt. A, §3 (NEW).] [PL 1999, c. 786, Pt. A, §3 (NEW).]

2. Profiteering. A manufacturer, distributor or labeler of prescription drugs engages in illegal profiteering if that manufacturer, distributor or labeler: A. Exacts or demands an unconscionable price; [PL 1999, c. 786, Pt. A, §3 (NEW).] B. Exacts or demands prices or terms that lead to any unjust or unreasonable profit; [PL 1999, c. 786, Pt. A, §3 (NEW).] C. Discriminates unreasonably against any person in the sale, exchange, distribution or handling of prescription drugs dispensed or delivered in the State; or [PL 1999, c. 786, Pt. A, §3 (NEW).] D. Intentionally prevents, limits, lessens or restricts the sale or distribution of prescription drugs in this State in retaliation for the provisions of this chapter. [PL 1999, c. 786, Pt. A, §3 (NEW).] [PL 1999, c. 786, Pt. A, §3 (NEW).]

3. Right of action and damages. The State may bring a civil action in District Court or Superior Court for a direct or indirect injury to any person, group of persons, the State or a political subdivision of the State caused by a violation of this subchapter. There is a right to a jury trial in any action brought in Superior Court under this section. If the State prevails, the defendant shall pay 3 times the amount of damages and the costs of suit, including necessary and reasonable investigative costs, reasonable expert fees and reasonable attorney's fees. For a willful or repeated violation of this section, punitive damages may be awarded. After deduction of the costs of distribution, the damages must be equitably distributed by the State to all injured parties. [PL 1999, c. 786, Pt. A, §3 (NEW).]

4. Civil violation. Each violation of this section is a civil violation for which the Attorney General may obtain, in addition to other remedies, injunctive relief and a civil penalty in an amount not to exceed $100,000, plus the costs of suit, including necessary and reasonable investigative costs, reasonable expert fees and reasonable attorney's fees. [PL 1999, c. 786, Pt. A, §3 (NEW).]

5. Unfair trade practice. A violation of this section is also a violation of the Maine Unfair Trade Practices Act. [PL 1999, c. 786, Pt. A, §3 (NEW).]
22 M.R.S. § 2001 — ME Code / Title 22 / Subtitle 2 / Chapter 409 / Section 2001
22 §2001. Program of service
Status: in_force

The department, through its Bureau of Health, is authorized to administer a program of services for children who are disabled or who are suffering from conditions that lead to a disability, and to supervise the administration of those services included in the program that are not administered directly by it. The purpose of the program is to develop, extend and improve services for locating such children and for providing for medical, surgical, corrective and other services of care, and for facilities for diagnosis, hospitalization and aftercare. This chapter may not be construed as authorizing any public official, agent or representative, in carrying out this chapter, to take charge of any child over the objection of a parent of that child, or of the person standing in loco parentis to that child, except pursuant to a proper court order. [RR 2021, c. 2, Pt. B, §111 (COR).]
22 M.R.S. § 16 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 16
22 §16. Access to financial records of deposit accounts of recipients of public assistance
Status: in_force

1. Definitions. For the purposes of this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Financial institution" means a trust company, savings bank, industrial bank, commercial bank, savings and loan association or credit union organized under the laws of this State or otherwise authorized to do business in this State. [PL 1985, c. 819, Pt. A, §24 (REEN).] B. "Match" means a comparison by name and social security number of individuals included in any public assistance roll with individuals included in records of deposit accounts in any financial institution. [PL 1985, c. 819, Pt. A, §24 (REEN).] C. "Public assistance" means aid, assistance or benefits available through: (1) A program of temporary assistance for needy families administered in this State pursuant to chapter 1053‑B or the Parents as Scholars program pursuant to chapter 1054‑B ; (2) A program of medical assistance administered in this State pursuant to chapter 855 ; or (3) Any other program that is based on need and is conducted or administered by this State. [PL 1997, c. 530, Pt. A, §7 (AMD).] D. "Public assistance roll" means a list of individuals who are receiving aid, assistance or benefits in this State under one or more public assistance programs. The list may include individuals whose applications for aid, assistance or benefits are pending at the time of the match. [PL 1985, c. 819, Pt. A, §24 (REEN).] [PL 1997, c. 530, Pt. A, §7 (AMD).]

2. Verification procedure. Upon written request from the commissioner and at the expense of the department, each financial institution in this State shall match its records of deposit accounts against public assistance rolls provided to the financial institution by the department and shall compile for the department a list of accounts that, as a result of the match, appear to be owned in whole or in part by recipients of or applicants for public assistance. The list of accounts shall include the name and social security number of each matched applicant or recipient and the type of deposit account, the account number and the account balance that appear in the records of the financial institution. The department shall be responsible for making its computer data compatible with the data of any financial institution with which a match is sought. The department may not automatically terminate or deny public assistance benefits solely on the basis of information received through a match, nor shall anything in this section be construed to create a lien on or otherwise encumber deposit accounts that are subject to a match. The department shall ensure that the privacy of individuals involved in matching will be protected to the maximum extent possible. [PL 1985, c. 819, Pt. A, §24 (REEN).]

3. Repeal. [PL 1985, c. 668, §2 (RP).]
22 M.R.S. § 4315-A — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4315-A
22 §4315-A. Use of income for basic necessities required
Status: in_force

All persons requesting general assistance must use their income for basic necessities. Except for initial applicants, recipients are not eligible to receive assistance to replace income that was spent within the 30-day period prior to the application on goods and services that are not basic necessities. The income not spent on goods and services that are basic necessities is considered available to the applicant. A municipality may require recipients to utilize income and resources according to standards established by the municipality, except that a municipality may not reduce assistance to a recipient who has exhausted income to purchase basic necessities. Municipalities shall provide written notice to applicants of the standards established by the municipalities. [PL 1991, c. 528, Pt. OOO, §2 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. OOO, §2 (NEW).]
22 M.R.S. § 3740-B — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3740-B
22 §3740-B. High-quality child care costs estimator tool
Status: in_force

The department shall create and maintain an estimator tool in accordance with this section to calculate the actual cost of quality child care. [PL 2023, c. 412, Pt. VVV, §7 (NEW).]

1. Considerations. In developing the costs estimator tool, the department shall consider: A. Including a living wage compensation scale for early childhood educators; [PL 2023, c. 412, Pt. VVV, §7 (NEW).] B. Including employee salaries and benefits; [PL 2023, c. 412, Pt. VVV, §7 (NEW).] C. Including facility costs; [PL 2023, c. 412, Pt. VVV, §7 (NEW).] D. Including costs associated with compliance with statutory and rule requirements, including the child care quality rating system under section 3737, subsection 3 and specific costs associated with each step of the rating system and any quality indicators used; [PL 2023, c. 412, Pt. VVV, §7 (NEW).] E. Differentiating rates by child age and geographic region; and [PL 2023, c. 412, Pt. VVV, §7 (NEW).] F. Using data and research from available studies and reports. [PL 2023, c. 412, Pt. VVV, §7 (NEW).] [PL 2023, c. 412, Pt. VVV, §7 (NEW).]

2. Accessibility. The estimator tool must be publicly accessible. The department's process for making changes to the tool must be transparent to the public. [PL 2023, c. 412, Pt. VVV, §7 (NEW).]
22 M.R.S. § 3276 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3276
22 §3276. Disqualification
Status: in_force

A beneficiary of state supplemental income not administered by the secretary is disqualified from receiving benefits unless the beneficiary files with the department, whenever the department requires it, information concerning the beneficiary's income, assets and other conditions relating to the beneficiary's financial circumstances. [RR 2021, c. 2, Pt. B, §168 (COR).]
22 M.R.S. § 1580-E — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-E
22 §1580-E. Smoking in state parks and state historic sites
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings: A. "Enclosed area" has the same meaning as in section 1541, subsection 2 ; [PL 2009, c. 65, §1 (NEW).] B. "Public place" has the same meaning as in section 1541, subsection 4 ; [PL 2009, c. 65, §1 (NEW).] C. "Smoking" has the same meaning as in section 1541, subsection 6 ; [PL 2009, c. 65, §1 (NEW).] D. "State historic site" has the same meaning as "historic site" in Title 12, section 1801, subsection 5 ; and [PL 2009, c. 65, §1 (NEW).] E. "State park" has the same meaning as "park" in Title 12, section 1801, subsection 7 . [PL 2009, c. 65, §1 (NEW).] [PL 2009, c. 65, §1 (NEW).]

2. Smoking prohibited. A person may not smoke tobacco or any other substance in, on or within 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place or restroom in a state park or state historic site. [PL 2009, c. 65, §1 (NEW).]

3. Signs; public education. To the extent possible within existing budgeted resources, the Maine Center for Disease Control and Prevention shall erect signs and undertake public education initiatives regarding the prohibition on smoking in certain areas of state parks and state historic sites. [PL 2009, c. 65, §1 (NEW).]
22 M.R.S. § 4192 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4192
22 §4192. Definitions -- Article II
Status: in_force

As used in this compact:

1. Child. "Child" means a person who, by reason of minority being under 18 years of age, is legally subject to parental, guardianship or similar control. [PL 1971, c. 598, §39 (AMD).]

2. Placement. "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

3. Receiving state. "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

4. Sending agency. "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.
22 M.R.S. § 3890-B — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3890-B
22 §3890-B. Liberal construction
Status: in_force

This chapter must be construed liberally to effect the interests and purposes of the fund for the prevention of child abuse and neglect in the State and must be broadly interpreted to effect the intent and purposes and may not be interpreted as a limitation of powers. [PL 1993, c. 600, Pt. A, §16 (NEW).]
22 M.R.S. § 4197 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4197
22 §4197. Compact administrator -- Article VII
Status: in_force

The executive head of each jurisdiction party to this compact shall designate an officer who is to be the general coordinator of activities under this compact in the officer's jurisdiction and who, acting jointly with like officers of other party jurisdictions, has power to adopt rules to carry out more effectively the terms and provisions of this compact. [RR 2021, c. 2, Pt. B, §196 (COR).]
22 M.R.S. § 1580-F — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-F
22 §1580-F. Furnishing or allowing consumption of tobacco products by certain persons prohibited
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Minor" means a person who has not reached the age of 21 years, unless the person has attained 18 years of age as of July 1, 2018. [PL 2019, c. 495, §3 (NEW).] B. "Tobacco product" has the same meaning as in section 1551, subsection 3 . [PL 2019, c. 495, §3 (NEW).] [PL 2019, c. 495, §3 (NEW).]

2. Offense. Except as provided in subsection 3 , a person who is 21 years of age or older may not knowingly: A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver a tobacco product for or to a minor. The following penalties apply to violations of this paragraph. (1) A person who violates this paragraph commits a Class D crime. (2) A person who violates this paragraph commits a Class D crime for which a fine of not less than $500 may be imposed, none of which may be suspended, if the violation involves a minor who is less than 18 years of age. (3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B within a 6-year period commits a Class D crime for which a fine of not less than $1,000 may be imposed, none of which may be suspended. (4) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B 2 or more times within a 6-year period commits a Class D crime for which a fine of not less than $1,500 may be imposed, none of which may be suspended; or [PL 2019, c. 495, §3 (NEW).] B. Allow a minor under that person's control or in a place under that person's control to possess or consume a tobacco product. The following penalties apply to violations of this paragraph. (1) A person who violates this paragraph commits a Class D crime. (2) A person who violates this paragraph commits a Class D crime for which a fine of not less than $1,000 may be imposed, none of which may be suspended, if the violation involves a minor who is less than 18 years of age. (3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph A within a 6-year period commits a Class D crime for which a fine of not less than $2,000 may be imposed, none of which may be suspended. [PL 2019, c. 495, §3 (NEW).] [PL 2019, c. 495, §3 (NEW).]

3. Exceptions. This section does not apply to a licensee under chapter 262‑A or an agent of that licensee in the scope of employment. [PL 2019, c. 495, §3 (NEW).]
22 M.R.S. § 343 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 343
22 §343. Public information
Status: in_force

The department shall prepare and publish at least annually a report on its activities conducted pursuant to this Act. The annual report must include information on all certificates of need granted and denied and on the assessment of penalties. With regard to all certificates granted on a conditional basis, the report must include a summary of information reported pursuant to section 332 and any accompanying statements by the commissioner or department staff submitted regarding the reports. [PL 2009, c. 383, §13 (AMD).]
22 M.R.S. § 1910 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1910
22 §1910. Comprehensive family life education services
Status: in_force

The commissioner shall undertake initiatives to implement effective, comprehensive family life education services. In providing such services, the commissioner shall contract with local family planning programs to provide: [PL 2001, c. 654, §2 (NEW).]

1. Training. Training for teachers, parents and community members in the development and implementation of comprehensive family life education curriculum and in planning for an evaluation component as part of comprehensive school health education; [PL 2001, c. 654, §2 (NEW).]

2. Staff. Resource staff persons to provide expert training, curriculum development and implementation and evaluation services on a statewide basis; [PL 2001, c. 654, §2 (NEW).]

3. Forums. Funding to promote and coordinate community and youth forums in communities identified as having high needs for comprehensive family life education; [PL 2001, c. 654, §2 (NEW).]

4. Issue management; policy development training. Funding for issue management and policy development training for school boards, superintendents, principals and administrators across the State; and [PL 2001, c. 654, §2 (NEW).]

5. Recognition of performance. Funding for grants to school-based comprehensive family life education programs to recognize outstanding performance and share strategies for success. [PL 2001, c. 654, §2 (NEW).]
22 M.R.S. § 1951 — ME Code / Title 22 / Subtitle 2 / Chapter 407 / Section 1951
22 §1951. Health improvement program
Status: in_force

The department is authorized to administer a program to extend and improve its services for promoting the health of mothers and children, especially in rural areas and in areas suffering from severe economic distress. This chapter may not be construed as authorizing any public official, agent or representative, in carrying out this chapter, to take charge of any child over the objections of a parent of that child, or of the person standing in loco parentis to that child, except pursuant to a proper court order. [RR 2021, c. 2, Pt. B, §110 (COR).]
22 M.R.S. § 257 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 257
22 §257. Health workforce forum
Status: in_force

The department shall convene at least once annually a health workforce forum to review the latest report developed under section 256‑A and discuss current health care workforce issues. The forum must include representatives of health professionals, licensing boards, employers, health education programs and the Department of Labor. [PL 2007, c. 631, §2 (AMD).]

1. Inventory. [PL 2005, c. 327, §3 (RP).]

2. Research. [PL 2005, c. 327, §3 (RP).]

The department shall use the information gathered through the forum to develop its health policy and planning decisions authorized under this Title and to make appropriate policy recommendations based on its analysis of the health care workforce. The department shall post the report and recommendations on a publicly accessible site on the Internet maintained by the department by December 31st beginning in 2009. [PL 2007, c. 631, §2 (AMD).]
22 M.R.S. § 681 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 681
22 §681. Surety requirements
Status: in_force

Licensees shall pay to the department for deposit by the Treasurer of State, into a fund called the Radiation Materials Recovery Fund, adequate funds to permit the department to complete the requirements established by the department for the decontamination, decommissioning, closure and reclamation of sites, structures and equipment used in conjunction with the licensed activity. In lieu of the deposit of funds, the licensee may provide an adequate surety. The condition of the surety shall be to account for the completion of the requirements according to standards established by the department by rule. All sureties forfeited shall be paid to the department for deposit by the Treasurer of State to the aforementioned fund. Money in the fund shall not be used for normal operations of the department. The department shall adopt by rule the standards for determining the amount of financial responsibility required by each licensee and the procedures for the payment of funds or provision of surety. [PL 1987, c. 493, §6 (NEW).]

The funds or sureties required in this section shall be in amounts necessary to comply with standards established by the United States Nuclear Regulatory Commission or the State. [PL 1987, c. 493, §6 (NEW).]

The department may accept gifts or transfers from another agency or individual of land or appurtenances necessary to fulfill the purposes of this section. [PL 1987, c. 493, §6 (NEW).]
22 M.R.S. § 8945 — ME Code / Title 22 / Subtitle 6 / Chapter 1687 / Section 8945
22 §8945. Report
Status: in_force

By the last business day of each year the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the program and the central registry. The report must include information on any findings and activities of the department with regard to birth defects and a summary of statistical information from the program and the central registry. The report may include recommendations from the department to improve the operation of the program and the central registry. [PL 1999, c. 344, §1 (NEW).]
22 M.R.S. § 3174-ZZ — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-ZZ
22 §3174-ZZ. Reimbursement for hearing aids
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Hearing aid; definition. For purposes of this section, "hearing aid" means a nonexperimental, wearable instrument or device designed for the ear and offered for the purpose of aiding or compensating for impaired human hearing. [PL 2017, c. 237, §1 (NEW).]

2. (TEXT EFFECTIVE UNTIL 7/01/26) Required reimbursement. The department shall provide reimbursement for a hearing aid for one hearing-impaired ear of an individual enrolled in the MaineCare program in accordance with the following requirements: A. The hearing loss must be documented by a primary care provider or an audiologist licensed pursuant to Title 32, chapter 137 ; [PL 2017, c. 237, §1 (NEW).] B. The hearing aid must be provided by an audiologist or a hearing aid dealer licensed pursuant to Title 32, chapter 137 ; and [PL 2017, c. 237, §1 (NEW).] C. The hearing loss must meet the requirements established by the department in rule regarding the individual's severity of hearing loss. [PL 2017, c. 237, §1 (NEW).] The department shall provide reimbursement for a hearing aid for the 2nd hearing-impaired ear of an individual enrolled in the MaineCare program if the individual meets requirements established by the department by rule regarding the individual's severity of hearing loss, enrollment in school, enrollment in vocational training, employment needs or the needs identified by a primary care provider. [PL 2017, c. 237, §1 (NEW).]

2. (TEXT EFFECTIVE 7/01/26) Required reimbursement. The department shall provide reimbursement for a hearing aid for each hearing-impaired ear of an individual enrolled in the MaineCare program in accordance with the following requirements: A. The hearing loss must be documented by a primary care provider or an audiologist licensed pursuant to Title 32, chapter 137 ; [PL 2017, c. 237, §1 (NEW).] B. The hearing aid must be provided by an audiologist or a hearing aid dealer licensed pursuant to Title 32, chapter 137 ; and [PL 2017, c. 237, §1 (NEW).] C. The hearing loss must meet the requirements established by the department in rule regarding the individual's severity of hearing loss. [PL 2017, c. 237, §1 (NEW).] [PL 2025, c. 446, §1 (AMD); PL 2025, c. 446, §3 (AFF).]

3. Rulemaking. The department 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 . [PL 2017, c. 237, §1 (NEW).]
22 M.R.S. § 678 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 678
22 §678. Source material processing and related material
Status: in_force

State regulation of source material processing shall be subject to the primary jurisdiction of the Department of Environmental Protection, as specified in Title 38 . [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 3740 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3740
22 §3740. Office of Child Care and Head Start
Status: in_force

1. Establishment. The Office of Child Care and Head Start is established within the Division of Purchased and Support Services. [PL 1995, c. 502, Pt. D, §9 (AMD).]

2. Powers and duties. The office has the following powers and duties: A. Maintain an inventory of child care information; [PL 1993, c. 158, §2 (NEW).] B. Provide public education on becoming better consumers of child care; [PL 1993, c. 158, §2 (NEW).] C. Provide staffing assistance to the council; [PL 1993, c. 158, §2 (NEW).] D. Coordinate an ongoing review of all child care licensing rules; [PL 1993, c. 158, §2 (NEW).] E. Provide technical assistance to public and private sector employers, school systems and community groups concerning child care, flexible benefits and work schedules; [PL 1993, c. 158, §2 (NEW).] F. Coordinate the development of a training system for child care providers; [PL 1993, c. 158, §2 (NEW).] G. Develop incentives for employer involvement in child care; and [PL 1993, c. 158, §2 (NEW).] H. Promote cooperative relationships between public health organizations and child care programs. [PL 1993, c. 158, §2 (NEW).] [PL 1993, c. 158, §2 (NEW).]
22 M.R.S. § 1606 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1606
22 §1606. Penalty
Status: in_force

Any person violating any provision of this chapter, or any rule and regulation issued pursuant thereto, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 11 months, or by both. [PL 1971, c. 341 (NEW).]
22 M.R.S. § 7924 — ME Code / Title 22 / Subtitle 6 / Chapter 1666 / Section 7924
22 §7924. Reporting of violations
Status: in_force

1. Alleged violations reported and investigated. Any person who believes that any of those rules governing the licensure of long-term care facilities or the operation of assisted living programs and services authorized pursuant to section 7853 adopted by the department pertaining to residents' rights and conduct of resident care has been violated may report the alleged violation to the protection and advocacy agency designated pursuant to Title 5, section 19502 ; the long-term care ombudsman pursuant to section 5106, subsection 11‑C and section 5107‑A ; and any other agency or person whom the commissioner may designate. [PL 2011, c. 657, Pt. EE, §1 (AMD).]

2. Professionals to report. Any professional who provides health care, social services or mental health services or who administers a long-term care facility or program and who knows of or has reasonable cause to suspect that there has been a violation of any of those rules adopted by the department governing the licensure of long-term care facilities pertaining to residents' rights or conduct of resident care shall immediately report or cause a report to be made to an agency or person referred to in subsection 1 . [PL 2005, c. 397, Pt. A, §25 (AMD).]

3. Written report of findings. Any agency or person investigating a situation pursuant to subsection 1 or 2 shall submit a written report of the findings and results of the investigation to the administrator of the long-term care facility in which the residents' rights allegedly have been violated and to the commissioner. [PL 2005, c. 397, Pt. A, §26 (AMD).]

4. Immunity from liability. No professional shall be held liable for any report or action taken pursuant thereto if the professional acted in good faith pursuant to this section. [PL 1981, c. 445 (NEW).]

5. Construction. This section may not be construed to limit the powers or responsibilities of the long-term care ombudsman. [PL 1999, c. 384, §4 (AMD).]

6. Notice of program. Each long-term care facility shall provide to each resident, guardian or personal representative, at the time of admission, information that the long-term care ombudsman program is a source of assistance with complaints and problems. At least 2 posters must be mounted in prominent places in each long-term care facility to inform residents about the services of the program. The posters must also include the department's current rules regarding the rights of residents of long-term care facilities. [PL 1989, c. 644 (NEW).]
22 M.R.S. § 2063 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2063
22 §2063. Credit of State not pledged
Status: in_force

Bonds and notes issued under this chapter do not constitute or create a debt or debts, liability or liabilities on behalf of the State or of a political subdivision of the State other than the authority or a loan of the credit of the State or a pledge of the faith and credit of the State or of any such political subdivision other than the authority, but are payable solely from the funds provided for the bonds and notes. All such bonds and notes must contain on the face of the bonds and notes a statement to the effect that neither the State nor a political subdivision of the State is obligated to pay the same or the interest on the bonds and notes, except from revenues of the project or the portion of the project for which they are issued and that neither the faith and credit nor the taxing power of the State or of a political subdivision of the State is pledged to the payment of the principal of or the interest on such bonds or notes. The issuance of bonds or notes under this chapter may not directly or indirectly or contingently obligate the State or a political subdivision of the State to levy or to pledge any form of taxation whatever for the bonds and notes or to make an appropriation for their payment. Nothing in this section may prevent nor be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health care facility, participating institution for higher education or participating institution providing an educational program to the payment of bonds or notes or issue of notes or bonds authorized pursuant to this chapter. [PL 2007, c. 354, §22 (AMD).]
22 M.R.S. § 4174 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4174
22 §4174. Optional contents of compacts
Status: in_force

1. Optional content. A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to section 4173 , as follows: A. Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and [PL 1983, c. 721 (NEW).] B. Such other provisions as may be appropriate or incidental to the proper administration of the compact. [PL 1983, c. 721 (NEW).] [PL 1983, c. 721 (NEW).]
22 M.R.S. § 2148 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2148
22 §2148. Right of entry and inspection
Status: in_force

The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any home health care provider who has applied for a license or who is licensed pursuant to this chapter at any reasonable time and, upon demand, have the right to inspect and copy books, accounts, papers, records and other documents in order to determine the state of compliance with this chapter and any rules in force pursuant thereto. The right of entry and inspection shall extend to any premises and documents of providers whom the department has reason to believe are providing home health services without a license, but no such entry or inspection may be unreasonable or made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the District Court authorizing that entry or inspection. [PL 1983, c. 570 (NEW).]
22 M.R.S. § 1502 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1502
22 §1502. Consent
Status: in_force

In addition to the ability to consent to treatment for health services as provided in sections 1823 and 1908 and Title 32, sections 2595 , 3292 , 3817 , 6221 and 7004 , a minor may consent to treatment for substance use disorder or for emotional or psychological problems. [PL 2017, c. 407, Pt. A, §70 (AMD).]
22 M.R.S. § 1861 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1861
22 §1861. Limitation on payments to health care institutions
Status: in_force

The Legislature is concerned that certain health care institutions have engaged persons with the intent to interfere with, inhibit or disrupt the free exercise of the right of all employees to organize and choose representatives for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection as provided in Title 26, section 931 . The Legislature declares that it is consistent with public policy to prohibit the use of funds received from the State for the purpose of engaging those persons. The Legislature acknowledges the right of employers to communicate with employees concerning the issue of unionization and further recognizes that employers may obtain counsel for advice and assistance. [PL 1989, c. 502, Pt. A, §69 (AMD).]
22 M.R.S. § 2051 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2051
22 §2051. Title
Status: in_force

This chapter shall be known as, and may be cited as, the "Maine Health and Higher Educational Facilities Authority Act." [PL 1979, c. 680, §1 (AMD).]
22 M.R.S. § 4036-B — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4036-B
22 §4036-B. Removal of child from home
Status: in_force

1. Application. The provisions of this section apply in any case in which the court orders, or has ordered, the removal of a child from home. [PL 2003, c. 408, §1 (NEW).]

2. Welfare of child. Before a court may order removal of a child from home, the court must specifically find that remaining in the home is contrary to the welfare of the child. [PL 2003, c. 408, §1 (NEW).]

3. Reasonable efforts to prevent removal. The department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor. In an order providing for removal of the child from home, or within 60 days of the date of removal of the child from home, the court shall make a finding: A. Whether or not the department has made reasonable efforts to prevent the removal of the child from home; and [PL 2003, c. 408, §1 (NEW).] B. If the court finds that the department did not make reasonable efforts to prevent the removal of the child from home, whether or not there is an aggravating factor. [PL 2003, c. 408, §1 (NEW).] [PL 2003, c. 408, §1 (NEW).]

3-A. Notification to relatives. Except as required by family or domestic violence safety precautions, the department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian, to the following relatives: all grandparents; all parents of a sibling of the child who have legal custody of the sibling; and other adult relatives of the child, including any other adult relatives suggested by the parents. For the purposes of this subsection, "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights, such as the death of a parent. Failure to comply with this provision does not affect service on a parent or custodian. [PL 2015, c. 381, §4 (AMD).]

4. Reasonable efforts to reunify. The department shall make reasonable efforts to rehabilitate and reunify the family as provided in section 4041, subsection 1‑A unless the court has ordered that the department need not commence or may cease reunification pursuant to section 4041, subsection 2 . In the jeopardy order pursuant to section 4035 and in each judicial review order pursuant to section 4038 , the court shall make a finding whether or not the department has made reasonable efforts to rehabilitate and reunify the family. [PL 2003, c. 408, §1 (NEW).]

5. Reasonable efforts to finalize permanency plan. The department shall make reasonable efforts to finalize the permanency plan. In each order determining a permanency plan pursuant to section 4038‑B , the court shall make a finding whether or not the department has made reasonable efforts to finalize the permanency plan. [PL 2005, c. 372, §3 (AMD).]

6. Requirements for findings. A court order making any finding required by this section must: A. Be in writing; [PL 2003, c. 408, §1 (NEW).] B. State that the finding was based on the specific facts and circumstances relating to the child; and [PL 2003, c. 408, §1 (NEW).] C. Explicitly document the basis for the finding. [PL 2003, c. 408, §1 (NEW).] [PL 2003, c. 408, §1 (NEW).]
22 M.R.S. § 821 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 821
22 §821. Authority of department
Status: in_force

The department shall adopt rules pursuant to section 802 and establish procedures to carry out the rules to provide a uniform system of reporting, recording and collecting information and maintaining confidentiality concerning communicable diseases, environmental or occupational diseases or exposure to toxic agents. The department may designate any communicable disease, environmental disease, occupational disease or exposure to a toxic agent as a notifiable disease or condition. Any notifiable disease or condition must be reported to the department in accordance with this subchapter and the rules established by the department. [PL 2005, c. 383, §18 (AMD).]
22 M.R.S. § 2070 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2070
22 §2070. Refunding bonds
Status: in_force

1. Refunding. The authority is authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project or any portion thereof. [PL 1971, c. 303, §1 (NEW).]

2. Use of proceeds. The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. [PL 1971, c. 303, §1 (NEW).]

3. Escrow proceeds. Any such escrowed proceeds, pending such use, may be invested and reinvested in obligations of, or guaranteed by, the United States of America, or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. [PL 1971, c. 303, §1 (NEW).]

4. Investments. The portion of the proceeds of any such bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project may be invested and reinvested in obligations of, or guaranteed by, the United States of America, or in certificates of deposit or time deposit secured by obligations of, or guaranteed by, the United States of America, maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. The interest, income and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the authority in any lawful manner. [PL 1971, c. 303, §1 (NEW).]

5. Conditions. All such bonds shall be subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 3884-A — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3884-A
22 §3884-A. Duties of board; powers of board
Status: in_force

1. Duties. The board shall: A. Develop a biennial working plan for trust activities that sets overall statewide goals and objectives for child abuse prevention activities, establishes priorities for distribution of money in the fund and provides a working plan for the trust for the biennium. In developing the plan, the board may: (1) Review and evaluate existing prevention programs, including high-quality child care options; (2) Ensure that equal opportunity exists for the establishment of prevention programs and receipt of money from the fund among all geographic areas in the State; and (3) Review and evaluate public and private funding sources; [PL 2001, c. 11, §2 (NEW).] B. Develop, initiate, propose or recommend ideas for innovations in rules, laws, policies and programs concerning child abuse and neglect to the Governor, the Legislature, state executive agencies, the business community and other entities. The board may also assist in the coordination and exchange of information and the maintenance of prevention programs; [PL 2001, c. 11, §2 (NEW).] C. Publicize criteria and review applications for grants and award those grants to recipients that best address the purposes of this chapter and submit to the Legislature the list of both successful and unsuccessful applicants who have allowed their names to be placed on the list along with reasons for and against the application; [PL 2001, c. 11, §2 (NEW).] D. Establish a process for monitoring and review of grants awarded pursuant to this chapter; [PL 2001, c. 11, §2 (NEW).] E. As a primary prevention activity of the trust, develop and implement a campaign to provide statewide education and public information to enhance public awareness concerning child abuse and neglect; [PL 2001, c. 11, §2 (NEW).] F. Enter into contracts with public or private agencies and accept gifts or grants from federal, state or private sources to carry out this chapter; [PL 2001, c. 11, §2 (NEW).] G. Employ staff as the board determines necessary to implement its responsibilities; [PL 2001, c. 11, §2 (NEW).] H. Cooperate with and avail itself of the services of governmental agencies and the University of Maine System and cooperate with, assist and otherwise encourage local or regional, private or public organizations in the various communities of the State in the prevention of abuse and neglect among children in the community and the State; and [PL 2001, c. 11, §2 (NEW).] I. Develop plans, with the cooperation of the child abuse and neglect prevention councils established under chapter 1057 , to provide a stable base for funding the councils in amounts no lower than the amounts provided in the biennial budget of fiscal years 1999-00 and 2000-01. [PL 2009, c. 204, §10 (AMD).] [PL 2009, c. 204, §10 (AMD).]

2. Powers. The board may: A. Apply for and receive funds from any private source or governmental entity, whether by way of grant, donation, loan or other means; [PL 2001, c. 11, §2 (NEW).] B. Create partnerships between the public and private sectors to facilitate the purposes of this chapter and to: (1) Bridge the gap in knowledge and communication between the public and private sectors regarding prevention programs and prevention policies; (2) Build the leadership capacity of public and private sector individuals and institutions regarding prevention programs, prevention policies and the importance of high-quality child care in all children's early years; and (3) Encourage active financial and in-kind participation from the public and private sectors in carrying out the purposes of this chapter; [PL 2001, c. 11, §2 (NEW).] C. Adopt bylaws, have the general powers accorded corporations under Title 13, chapter 81 and perform other acts necessary or convenient to carry out the lawful purposes of the trust; [PL 2001, c. 11, §2 (NEW).] D. Sue or be sued in the board's own name; [PL 2001, c. 11, §2 (NEW).] E. Purchase, receive, hold, lease or acquire by foreclosure, operate, manage, license and sell, convey, transfer, grant or lease real and personal property, together with those rights and privileges that may be incidental and appurtenant to the property and the use of the property, including, but not limited to, real or personal property acquired by the board from time to time in the satisfaction of debts or enforcement of obligations; [PL 2001, c. 11, §2 (NEW).] F. Make expenditures and incur obligations reasonably required in the exercise of sound business principles to secure possession of, preserve, maintain, insure and improve real and personal property interests acquired by the board; [PL 2001, c. 11, §2 (NEW).] G. Acquire, subscribe for, own, hold, sell, assign, transfer, mortgage or pledge the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of a person, firm, corporation, joint stock company, partnership, association or trust, and, while the owner or holder of stock, shares, bonds, debentures, notes or other securities, exercise the rights, powers and privileges of ownership, including the right to vote on the stock, shares, bonds, debentures, notes or other securities; [PL 2001, c. 11, §2 (NEW).] H. Mortgage, pledge or otherwise encumber any property right or thing of value acquired pursuant to the powers contained in paragraph E , F or G as security for the payment of any part of the purchase price of the property right or thing of value; and [PL 2001, c. 11, §2 (NEW).] I. Expend principal from the endowment fund established in section 3885, subsection 5 only under emergency circumstances by 2/3 vote of the board. [PL 2001, c. 11, §2 (NEW).] [PL 2001, c. 11, §2 (NEW).]
22 M.R.S. § 2068 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2068
22 §2068. Bonds declared legal investments
Status: in_force

Bonds and notes issued by the authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business, and all other persons whatsoever, who are now or may hereafter be, authorized to invest in bonds or other obligations of the State, may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal or public officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 8708-A — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8708-A
22 §8708-A. Quality data
Status: in_force

The board shall adopt rules regarding the collection of quality data. The board shall work with the Maine Quality Forum and the Maine Quality Forum Advisory Council established in Title 24‑A, chapter 87, subchapter 2 to develop the rules. The rules must be based on the quality measures adopted by the Maine Quality Forum pursuant to Title 24‑A, section 6951, subsection 2 . The rules must specify the content, form, medium and frequency of quality data to be submitted to the organization. In the collection of quality data, the organization must minimize duplication of effort, minimize the burden on those required to provide data and focus on data that may be retrieved in electronic format from within a health care practitioner's office or health care facility. As specified by the rules, health care practitioners and health care facilities shall submit quality data to the organization. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 469, Pt. C, §28 (NEW).]
22 M.R.S. § 1556 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1556
22 §1556. Municipal regulation
Status: in_force

Except as otherwise provided in this section, nothing in this chapter affects the authority of municipalities to enact ordinances or regulations that are more restrictive than this chapter. [PL 1997, c. 63, §1 (AMD).]

When a municipality intends to consider an ordinance or regulation or intends to amend an ordinance or regulation so that the ordinance or regulation would be more restrictive than this chapter, the municipality shall give notice of that intention by mail, at least 30 days prior to consideration of the ordinance, regulation or amendment, to the last known address of each retail tobacco licensee doing business within the municipal corporate limits. This notice must state the time, place and date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation or amendment. [PL 1997, c. 63, §1 (NEW).]
22 M.R.S. § 3174-HHH — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-HHH
22 §3174-HHH. Ostomy equipment reimbursement (REALLOCATED FROM TITLE 22, SECTION 3174-FFF)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-FFF)

Beginning January 1, 2022, the department shall reimburse under the MaineCare program for ostomy equipment and supplies when that equipment or those supplies have been prescribed or recommended by a health care practitioner authorized to prescribe or recommend such equipment or supplies. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . For purposes of this section, "health care practitioner" has the same meaning as in Title 24, section 2502, subsection 1‑A . [PL 2021, c. 467, §1 (NEW); RR 2021, c. 1, Pt. A, §22 (RAL).]
22 M.R.S. § 1471-K — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-K
22 §1471-K. Appeal
Status: in_force

Any person aggrieved by any action of the board may obtain a review thereof by filing in the Superior Court, within 30 days of notice of the action, a written petition praying that the action of the board be set aside. A copy of such petition shall forthwith be delivered to the board, and within 30 days thereafter the board shall certify and file in the court a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the board, except that the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive. [PL 1975, c. 397, §2 (NEW).]
22 M.R.S. § 1402 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1402
22 §1402. Duty of physicians and hospitals
Status: in_force

All hospitals and other health care facilities providing screening, diagnostic or therapeutic services with respect to cancer shall report to the Department of Health and Human Services all persons diagnosed as having a malignant tumor or certain benign tumors as determined by rule no later than 6 months from the date of diagnosis. The report must include information on the person's usual occupation and industry of employment and other elements determined by rule to be appropriate. The Commissioner of Health and Human Services shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 421, §11 (AMD); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]

A physician, surgeon or other health care practitioner who diagnoses or provides treatment for cancer patients, upon notification by the Department of Health and Human Services, shall report to the department any further information requested by the department concerning any person now or formerly under the health care practitioner's care, diagnosed as having or having had a malignant tumor. A physician, surgeon or other health care practitioner who diagnoses or provides treatment for cancer patients is required to report any newly diagnosed cancer case to the department when that patient will not be referred to a reporting facility for diagnosis or treatment. [PL 1995, c. 292, §1 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

A facility or individual complying with the reporting requirements of this section is not liable for any civil damages as a result of such acts. [PL 1995, c. 292, §1 (AMD).]

The requirements of this section do not apply to health care practitioners who provide treatment by spiritual means alone. [PL 1995, c. 292, §1 (NEW).]
22 M.R.S. § 6111 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6111
22 §6111. Cost sharing of expenditures
Status: in_force

1. Development of resources, cooperation and funding. To encourage and assist development of more effective and more coordinated use of existing and new resources and interagency cooperation as well as combined, joint funding of social services; expenditures for priority social services shall be shared either by the beneficiary of each service to extent possible within the resources available to the beneficiary in accordance with subsection 2 ; or by the agency providing the social service; by available federal resources as discussed in subsection 3 ; or by the State of Maine in total amount not to exceed that specified in each agreement and in a proportion not to exceed the percent of expenditures for each type of service specified in subsection 4 . [P&SL 1975, c. 90, §C/§4 (RPR).]

2. Fees for services. Private, nonprofit and public agencies operating social services as authorized and funded in part under the Priority Social Services Program may charge fees or accept contributions to the agency for beneficiaries for actual provision of priority social services. Fee charges will be in accordance with a graduated fee scale. This scale shall not require charges to lower income beneficiaries. The Department of Health and Human Services may establish and enforce adherence to a graduated fee scale that applies uniformly throughout the State of each type of service and based upon a resident's ability to pay. Social agencies making charges for priority social services shall do so in accordance with the graduated fee scale established by the department. [P&SL 1975, c. 90, §C/§4 (RPR); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Use of federal government resources. State funds appropriated for priority social services may be used to match appropriate federal funds, except those appropriated under the Social Services Block Grant, to continue or expand priority programs under this chapter. [PL 1981, c. 608, §2 (RPR).]

4. Maximum state share of cost. State funds appropriated for priority social services may be used to pay a portion of expenditures under each agreement for each type of social service in an amount not to exceed the maximum percentage for state funds of 100% of the total expenditures for each type of priority social service as specified below. One hundred percent funding must be available for not more than 2 years consecutively or in total. State funds appropriated for priority social services may be used to pay a portion of expenditures under each agreement for each type of social service in an amount not to exceed the maximum percentage for state funds of the total expenditures for each type of priority social service as specified below when programs have been funded for a total of 2 years, consecutively or in total. The maximum percentage of state funds of the total expenditures for each type of service may not exceed: 75% for homemaker service; 75% for developmental day care, including family day care; 75% for services for persons with intellectual disabilities or autism; 75% for meals for older people; 75% for mental health services; 75% for transportation services; 75% for health and home care needs for the elderly. [PL 2011, c. 542, Pt. A, §44 (AMD).]

5. Maximum use of nonstate resources. State funds paying a portion only of expenditures for priority social services are valid only when "earned" or "matched" by expenditure of nonstate resources, which may be cash or in-kind. The expenditure of such resource must be in an amount at least equal to the minimum percentage for nonstate resources of the total expenditures for each type of priority social services as specified below. The minimum percentage for nonstate resources of the total expenditures for each type of service is: 25% for homemaker service; 25% for developmental day care, including family day care; 25% for services for persons with intellectual disabilities or autism; 25% for meals for older people; 25% for mental health services; 25% for transportation services; 25% for health and home care needs for the elderly. Nonstate resources authorized to qualify to earn or match state funds include private funds such as gifts, grants, fees for service or contributions; in-kind resources that are actual out-of-pocket expenditures; or actual loss of revenue related directly and essentially as an integral part of the operation of a priority social service; and public revenues such as municipal taxes, a municipal or county amount of federal revenue sharing funds, other appropriate federal resources and state revenue sharing funds and such other public resources as may be received by, generated by or available to a municipal or county government or other political subdivision or quasi-governmental bodies. [PL 2011, c. 542, Pt. A, §45 (AMD).]
22 M.R.S. § 1322-F — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1322-F
22 §1322-F. Lead poisoning prevention fee (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY:  See T. 22, §1322-F, sub-§4)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See T. 22, §1322-F, sub-§4)

1. Fee imposed. Beginning July 1, 2006, a fee is imposed on manufacturers or wholesalers of paint sold in the State to support the Lead Poisoning Prevention Fund under section 1322‑E. The fee must be imposed at the manufacturer or wholesaler level, and until June 30, 2026, the fee must be in the amount of 25¢ per gallon of paint estimated to have been sold in the State during the prior year, as determined by rule adopted by the department. Beginning July 1, 2026, the fee imposed under this subsection must be 75¢ per gallon of paint estimated to have been sold in the State during the prior year, as determined by rule adopted by the department. [PL 2025, c. 388, Pt. RR, §4 (AMD).]

2. Rules. The department shall adopt rules to implement this section, including rules to determine which manufacturers or wholesalers of paint sold in the State are responsible for the fees imposed under subsection 1 and rules establishing the estimated number of gallons of paint sold in the State in the prior year for each manufacturer and rules determining the manner of payment. The rules must provide for waivers of payment for manufacturers and wholesalers of paint that is sold in low quantities in the State. The costs for development of these rules and for administration of the Lead Poisoning Prevention Fund must be reimbursed from the fees collected. The rules must specify that the first payment of the fees imposed beginning July 1, 2026 is due by October 1, 2026. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 388, Pt. RR, §5 (AMD).]

3. Enforcement. The Attorney General shall enforce payment of fees under this section through an action in Superior Court in Kennebec County and may collect costs and attorney's fees. [PL 2005, c. 403, §1 (NEW).]

4. Contingent repeal. This section is repealed when the Commissioner of Health and Human Services certifies that a period of 24 months has elapsed since the Department of Health and Human Services identified a child with an elevated blood lead level through screening by health care providers under section 1317‑C . The Commissioner of Health and Human Services shall provide notice to the Secretary of the Senate, the Clerk of the House of Representatives and the Office of the Revisor of Statutes when this condition has been met. For purposes of this subsection, "elevated blood lead level" means a confirmed level of blood lead that is equal to or exceeds 5 micrograms per deciliter. [PL 2019, c. 479, §3 (AMD).]
22 M.R.S. § 1560 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1560
22 §1560. Nicotine water
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Nicotine water" means water that is sold in the State, that is intended for human consumption and that contains as an added ingredient nicotine or an alkaloid having similar physiological activity. [PL 2003, c. 623, §1 (NEW).] [PL 2003, c. 623, §1 (NEW).]

2. Prohibition. A person may not sell, furnish, give away or offer to sell, furnish or give away nicotine water in this State. [PL 2003, c. 623, §1 (NEW).]

3. Violation. A person who violates this section commits a civil violation for which fines may be imposed under subsection 4. [PL 2003, c. 623, §1 (NEW).]

4. Fines. The following fines apply to violations of this section. A. A person who violates subsection 2 commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 623, §1 (NEW).] B. A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine of $1,000 may be adjudged. [PL 2003, c. 623, §1 (NEW).] C. A person who violates subsection 2 after having previously violated subsection 2 more than once commits a civil violation for which a fine of $5,000 may be adjudged. [PL 2003, c. 623, §1 (NEW).] [PL 2003, c. 623, §1 (NEW).]
22 M.R.S. § 3913 — ME Code / Title 22 / Subtitle 3 / Chapter 1063 / Section 3913
22 §3913. Report
Status: in_force

The department shall report to the joint standing committee of the Legislature having jurisdiction over human resource matters and the joint standing committee of the Legislature having jurisdiction over state and local government regarding the training plan and any findings and recommendations, including any necessary implementing legislation of the department, no later than January 3, 1990. The report shall include a statistical analysis of social workers who have taken and completed various courses and training programs provided by the department or by agencies, organizations, or persons outside the department. [PL 1989, c. 268, §1 (NEW).]
22 M.R.S. § 8715 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8715
22 §8715. Public health (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12)

1. Permitted use and disclosure to public health authorities. The organization may disclose protected health information, without an individual's authorization, to a public health authority for public health purposes mandated by state or federal law. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

2. Use by public health authority. A state or federal public health authority to which protected health information has been disclosed under subsection 1 may use that information for public health activities and may disclose that information for public health activities as allowed by state or federal law and in accordance with board rules on data release adopted pursuant to section 8714 . [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

3. Data use agreement. Prior to disclosing any data under subsection 1 , the organization shall enter into a data use agreement with a public health authority. The agreement must include protocols that have been approved by the board for safeguarding confidential information and for ensuring there will be no disclosures of protected health information. The protocols must include appropriate accountability and notification requirements as in the business associate agreements under HIPAA. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]
22 M.R.S. § 2761-A — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2761-A
22 §2761-A. Baptismal records in lieu of birth certificates
Status: in_force

Any Native American whose birth is not recorded pursuant to this Title relating to the registration of live births may, in lieu of a birth certificate, present an official copy of the baptismal record from the files of the mission where the Native American was baptized. The baptismal record has the same evidentiary character as an unamended and undelayed birth certificate under section 2707 . [PL 2009, c. 601, §19 (AMD).]
22 M.R.S. § 2525 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2525
22 §2525. Official devices, marks and certificates
Status: in_force

1. Mark; simulation. A brand manufacturer, printer or other person may not cast, print, lithograph or otherwise make any device containing any official mark or simulation, any label bearing any mark or simulation or any form of official certificate or simulation except as authorized by the commissioner. [PL 1999, c. 777, §1 (NEW).]

2. Official device; mark; certificate. A person may not: A. Without authorization from the commissioner, use an official device, mark or certificate, or simulation, or alter, detach, deface or destroy any official device, mark or certificate; [PL 1999, c. 777, §1 (NEW).] B. Contrary to the rules established by the commissioner, fail to use or detach, deface or destroy an official device, mark or certificate; [PL 1999, c. 777, §1 (NEW).] C. Knowingly possess, without promptly notifying the commissioner or the commissioner's representative, an official device; a counterfeit, simulated, forged or improperly altered official certificate; a device or label for a carcass of an animal, including poultry; or a part or product of an animal, including poultry, bearing a counterfeit, simulated, forged or improperly altered official mark; [PL 1999, c. 777, §1 (NEW).] D. Knowingly make a false statement on a shipper's certificate or other nonofficial or official certificate provided for in the rules established by the commissioner; or [PL 1999, c. 777, §1 (NEW).] E. Knowingly represent that a product has been inspected and passed or exempted under this chapter when it has not been inspected and passed or exempted. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 20 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 20
22 §20. Director of Maine Center for Disease Control and Prevention
Status: in_force

1. Qualifications. The Director of the Maine Center for Disease Control and Prevention, referred to in this section as "the director," must have demonstrated experience in administration of public health or clinical medicine and: A. Be licensed, or eligible for licensure, as a physician under Title 32, chapter 36 or 48 or as an advanced practice registered nurse under Title 32, chapter 31 ; or [PL 2019, c. 523, §1 (NEW).] B. Have a degree in public health from an accredited school of public health or any equivalent combination of education and experience in public health. [PL 2019, c. 523, §1 (NEW).] [PL 2019, c. 523, §1 (NEW).]

2. Annual report. The director shall report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters on: A. Challenges and threats to the health of the residents of the State; and [PL 2019, c. 523, §1 (NEW).] B. The ways in which the Maine Center for Disease Control and Prevention has responded to those challenges and threats and has aided in keeping the residents of the State healthy and safe. [PL 2019, c. 523, §1 (NEW).] [PL 2019, c. 523, §1 (NEW).]
22 M.R.S. § 2959 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2959
22 §2959. Honoring decision of donors
Status: in_force

A person's decision to make a donation of that person's own body, organ or tissue after death must be honored. In the absence of a revocation or amendment under section 2946 , health care providers and procurement organizations shall act in accordance with the donor's decision and may take appropriate actions to effect the gift. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 2513 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2513
22 §2513. Rules
Status: in_force

The commissioner shall adopt rules to carry out the purposes of this chapter. Rules adopted under this section may incorporate by reference those provisions of the Code of Federal Regulations that are applicable to meat and poultry inspection, as such regulations may be amended, and that are necessary to remain in compliance with the federal requirements for the State’s meat and poultry products inspection and licensing program under section 2512 . Rules adopted under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 393, §11 (AMD).]
22 M.R.S. § 1313-B — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1313-B
22 §1313-B. Civil violation, court authorization for removal and other remedies
Status: in_force

1. Violation. A person who violates a rule established under this chapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged for each offense. In addition, the court may include an order of restitution as part of the sentencing for costs including removing, controlling and confining the animal. [PL 1997, c. 704, §12 (NEW).]

2. Court authorization for removal. When home quarantine procedures, as described on the official notice of quarantine, have been violated, or in the case of a wolf hybrid, when the owner fails to bring the animal to a veterinarian for euthanasia and testing or to turn the animal over to authorities as required by rules established pursuant to this chapter, an animal control officer, person acting in that capacity or law enforcement officer shall apply to the District Court or Superior Court for authorization to take possession of the animal for placement, at the owner's expense, in a veterinary hospital, boarding kennel or other suitable location for the remainder of the quarantine period or, in the case of a wolf hybrid, removal for euthanasia. At the end of the quarantine period for domestic animals, or if the animal shows signs of rabies, the person in possession of the animal shall report to the court, and the court shall either dissolve the possession order or order the animal euthanized and tested for rabies. [PL 2007, c. 133, §3 (AMD).]

3. Other remedies. In addition to filing a civil action to enforce this section: A. The municipality may record a lien against the property of the owner or keeper of an animal if the person fails or refuses to comply with an order to confine or quarantine the animal; [PL 1997, c. 704, §12 (NEW).] B. The municipal officers or their designated agent, such as the animal control officer, shall serve written notice on the owner or keeper of the animal that specifies the action necessary to comply with the order and the time limit for compliance; [PL 1997, c. 704, §12 (NEW).] C. If the owner or keeper of the animal fails to comply within the time stated, the animal control officer must apply to District Court or Superior Court for an order to seize the animal and make arrangements for quarantine or euthanasia at the owner's or keeper's expense; and [PL 1997, c. 704, §12 (NEW).] D. If the owner or keeper of the animal fails to pay the costs of confinement or quarantine within 30 days after written demand from the municipal officers, the municipal assessors may file a record of lien against the property of the owner or keeper of the animal. [PL 1997, c. 704, §12 (NEW).] [PL 1997, c. 704, §12 (NEW).]
22 M.R.S. § 752 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 752
22 §752. Enactment -- Article II
Status: in_force

This compact shall become effective when enacted into law by any 2 or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this Article which is contiguous to any party state may become a party to this compact by enacting the same. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 823 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 823
22 §823. Time requirements
Status: in_force

The reporting of a notifiable disease or condition must be made by telephone to the department immediately upon determination that a person has that disease and must be followed by a written report mailed to the department within 48 hours. [PL 2005, c. 383, §18 (AMD).]
22 M.R.S. § 1409 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1409
22 §1409. Maine Children's Cancer Research Fund
Status: in_force

1. Fund established. The Maine Children's Cancer Research Fund, referred to in this section as "the fund," is established as a nonlapsing fund to support children's cancer research by individuals and organizations determined to be eligible according to rules adopted by the department under subsection 3 . Money in the fund must be expended as allocated by the Legislature for the purposes of the fund and may be invested as provided by law. Interest on investments must be credited to the fund. [PL 2019, c. 433, §1 (NEW); PL 2019, c. 433, §4 (AFF).]

2. Use of fund. Amounts available in the fund must be used to provide grants and other funding to support children's cancer research provided by research facilities in this State that operate children's cancer programs. [PL 2019, c. 433, §1 (NEW); PL 2019, c. 433, §4 (AFF).]

3. Administration. The department shall administer the fund and shall adopt rules as necessary to administer the fund and to determine the criteria for eligible recipients. When providing grants and other funding under subsection 2 , the department shall consider the number of patients served by programs receiving support. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 433, §1 (NEW); PL 2019, c. 433, §4 (AFF).]

4. Income tax checkoff funding. Revenue collected from the income tax checkoff pursuant to Title 36, section 5292 must be credited to the fund. [PL 2019, c. 433, §1 (NEW); PL 2019, c. 433, §4 (AFF).]

5. Other funds. The fund may receive money from any source, including grants, gifts, bequests and donations. [PL 2019, c. 433, §1 (NEW); PL 2019, c. 433, §4 (AFF).]
22 M.R.S. § 1560-D — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1560-D
22 §1560-D. Flavored cigars
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Characterizing flavor" means a distinguishable taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink that is imparted to tobacco or tobacco smoke either prior to or during consumption. "Characterizing flavor" does not include a taste or aroma from tobacco. A cigar is deemed to have a characterizing flavor if the cigar is advertised or marketed as having or producing the taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink. [PL 2009, c. 606, §1 (AMD).] B. "Component part" includes but is not limited to the tobacco, filter and paper in a cigar. [PL 2009, c. 606, §1 (AMD).] C. "Constituent" means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to the tobacco, paper or filter of a cigar during the processing, manufacture or packing of the cigar. "Constituent" includes a smoke constituent. [PL 2009, c. 606, §1 (AMD).] D. "Flavored cigar" means a cigar or any component part of the cigar that contains a constituent that imparts a characterizing flavor. [PL 2009, c. 606, §1 (AMD).] E. [PL 2009, c. 606, §1 (RP).] E-1. "Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 cigars and is wrapped in whole tobacco leaf. [PL 2009, c. 606, §1 (NEW).] F. "Smoke constituent" means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the cigar to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. [PL 2009, c. 606, §1 (AMD).] [PL 2009, c. 606, §1 (AMD).]

2. Prohibition on sale or distribution of flavored cigars. Except as provided in subsection 5‑A , a person may not sell or distribute or offer to sell or distribute in this State any flavored cigar unless the cigar is a premium cigar. A. [PL 2009, c. 606, §1 (RP).] B. [PL 2009, c. 606, §1 (RP).] C. [PL 2009, c. 606, §1 (RP).] [PL 2009, c. 606, §1 (AMD).]

3. Violation. A person who violates this section commits a civil violation for which fines may be imposed under subsection 4 . [PL 2007, c. 467, §3 (NEW).]

4. Fines. The fines that apply to violations of this section are as set out in this subsection. A. A person who violates subsection 2 commits a civil violation for which a fine of $1,000 may be adjudged. [PL 2009, c. 606, §1 (AMD).] B. A person who violates subsection 2 after having previously been convicted of a violation of that subsection commits a civil violation for which a fine of $5,000 may be adjudged. [PL 2009, c. 606, §1 (AMD).] [PL 2009, c. 606, §1 (AMD).]

5. Exemptions. [PL 2009, c. 606, §1 (RP).]

5-A. Exemptions. Any flavored cigar that the Attorney General determined had no characterizing flavor or was otherwise exempt under former subsection 5 is exempt from the prohibition on flavored nonpremium cigars in subsection 2 so long as no material change is made to the cigar's flavoring, packaging or labeling subsequent to the Attorney General's determination. [PL 2009, c. 606, §1 (NEW).]

6. Tobacco distributors. [PL 2009, c. 606, §1 (RP).]

7. Transition. [PL 2009, c. 606, §1 (RP).]

8. Website information. To the extent that resources permit, the Attorney General shall maintain on a publicly accessible website a list of flavored cigars that are exempt from the prohibition under subsection 5‑A and authorized for distribution and sale in the State. [PL 2009, c. 606, §1 (AMD).]

9. Rulemaking. [PL 2009, c. 606, §1 (RP).]

10. Transfers of funds. Notwithstanding any other provision of law, for fiscal years beginning on or after July 1, 2009 the State Controller shall transfer $92,660 no later than June 30, 2010 and $145,147 no later than June 30, 2011 from the Fund for a Healthy Maine to General Fund undedicated revenue. [PL 2011, c. 380, Pt. II, §2 (AMD).]
22 M.R.S. § 3106 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3106
22 §3106. Telephone subsidies
Status: in_force

The department may participate in the determination of eligibility for various subsidies of telephone costs for low-income people as established by the Public Utilities Commission pursuant to Title 35‑A, section 7101 . [PL 1987, c. 856, §1 (NEW).]
22 M.R.S. § 4317 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4317
22 §4317. Use of potential resources
Status: in_force

An applicant or recipient must make a good faith effort to secure any potential resource that may be available, including, but not limited to, any state or federal assistance program, employment benefits, governmental or private pension programs, available trust funds, support from legally liable relatives, child-support payments and jointly held resources where the applicant or recipient share may be available to the individual. Assistance may not be withheld pending receipt of such resource as long as application has been made or good faith effort is being made to secure the resource. [PL 1993, c. 410, Pt. AAA, §11 (AMD).]

An individual applying for or receiving assistance due to a disability must make a good faith effort to make use of any medical and rehabilitative resources that may be recommended by a physician, psychologist or other professional retraining or rehabilitation specialist that are available without financial burden and would not constitute further physical risk to the individual. [PL 1993, c. 410, Pt. AAA, §11 (AMD).]

An applicant who refuses to utilize potential resources without just cause, after receiving a written 7-day notice, is disqualified from receiving assistance until the applicant has made a good faith effort to secure the resource. [PL 1993, c. 410, Pt. AAA, §11 (AMD).]

An applicant who forfeits receipt of or causes reduction in benefits from another public assistance program because of fraud, misrepresentation or a knowing or intentional violation of program rules or a refusal to comply with program rules without just cause is not eligible to receive general assistance to replace the forfeited assistance for the duration of the forfeiture. [PL 1993, c. 410, Pt. AAA, §11 (AMD).]

An applicant who is found to be ineligible for unemployment compensation benefits because of a finding of fraud by the Department of Labor pursuant to Title 26, section 1051, subsection 1 is ineligible to receive general assistance to replace the forfeited unemployment compensation benefits for the duration of the forfeiture established by the Department of Labor. [PL 2013, c. 368, Pt. OO, §12 (NEW).]
22 M.R.S. § 1761 — ME Code / Title 22 / Subtitle 2 / Chapter 403 / Section 1761
22 §1761. Municipal hospitals
Status: in_force

A municipality may establish and maintain one or more hospitals, nursing facilities, boarding homes or any other institution, place, building or agency for the care, accommodation or hospitalization of the sick or injured or for the care of any aged or other persons requiring or receiving chronic or convalescent care. Any such facility shall be subject to all statutes and licensing requirements applicable to the particular type of facility. [PL 1977, c. 696, §187 (REEN).]
22 M.R.S. § 3473 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3473
22 §3473. Authorizations
Status: in_force

1. General. The department shall act to: A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [PL 2003, c. 653, §3 (AMD).] B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults; [PL 2003, c. 653, §3 (AMD).] C. Enhance the welfare of these incapacitated and dependent adults; and [PL 1981, c. 527, §2 (NEW).] D. Promote self-care wherever possible. [PL 1981, c. 527, §2 (NEW).] [PL 2003, c. 653, §3 (AMD).]

2. Reports. The department shall: A. Receive, promptly investigate and determine the validity of reports of alleged abuse, neglect or exploitation or the substantial risk of abuse, neglect or exploitation; [PL 1991, c. 711, §3 (AMD).] B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement; [PL 2019, c. 661, §1 (AMD).] C. Petition for guardianship or a protective order under Title 18-C, Article 5 , when all less restrictive alternatives have been tried and have failed to protect the incapacitated adult; and [PL 2019, c. 661, §2 (AMD).] D. Establish and maintain an adult protective services registry of persons for whom there have been substantiated reports of abuse, neglect or exploitation of dependent adults or incapacitated adults. The department shall adopt routine technical rules to implement this paragraph pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 661, §3 (NEW).] [PL 2019, c. 661, §§1-3 (AMD).]

3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in: A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and [PL 2003, c. 653, §5 (AMD).] B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations. [PL 2003, c. 653, §5 (AMD).] [PL 2003, c. 653, §5 (AMD).]
22-A M.R.S. § 213 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 213
22-A §213. Funds for social services
Status: in_force

The department shall administer any funds that may be available from private, local, state or federal sources for the provision of social services as defined by the department. Within any limitation that may apply from the sources of such funds, the department may provide said social services itself, or assure itself of the provision of such services by purchase of services, by contracts or by grants, or by joint provision of services, by contracts or by grants, or by joint provision of services with other agencies through matching agreements. [PL 2007, c. 539, Pt. N, §52 (NEW).]

The department shall adopt rules as necessary to define eligibility for social services, contractual terms, conditions for grants, matching ratios and quality of performance standards and such others as are necessary for the administration of this section. These rules must be published and subject to a 30-day public review prior to taking final effect. [PL 2007, c. 539, Pt. N, §52 (NEW).]

The department may expend any unidentified child support payments and any interest earned on those funds that the department has received when the department cannot identify the child for which payment was made. The department may expend these funds only in its efforts to enforce child support laws in accordance with Title 19‑A, chapters 53 , 63 , 65 and 67 . Before making any expenditure, the department must wait at least 12 months from the date the unidentified funds were received. [PL 2007, c. 539, Pt. N, §52 (NEW).]
22 M.R.S. § 5411 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5411
22 §5411. Reporting
Status: in_force

Beginning in 2021 and annually thereafter, the marketplace shall submit a report to the Governor and the joint standing committee of the Legislature having jurisdiction over health insurance coverage matters summarizing enrollment, the affordability of health insurance for consumers using the marketplace, marketing activity and operations. This report must be submitted no later than 45 days after the end of the open enrollment period. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 7306 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7306
22 §7306. Demonstration projects
Status: in_force

The department may initiate demonstration projects to test new ways of providing in-home and community support services, including, but not limited to, projects which test the ability of hospitals, skilled nursing facilities or intermediate care facilities to provide these services. [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 7704 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7704
22 §7704. Processing fee
Status: in_force

Beginning October 1, 2010, a facility, health care provider or program subject to the licensing or certification processes of chapter 1663 , 1664 , 1667 , 1669 , 1671 or 1673 ; a nursery school subject to chapter 1675 ; an adult day care program subject to chapter 1679 ; or a hospice provider subject to chapter 1681 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license or certificate when the licensee or certificate holder made changes that require the reissuance of a license or certificate. [PL 2009, c. 590, §4 (NEW).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 590, §4 (NEW).] Revisor's Note: §7704. Criminal background checks (As enacted by PL 2009, c. 621, §6 is REALLOCATED TO TITLE 22, SECTION 7706)
22 M.R.S. § 8203 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8203
22 §8203. Additional license permitted
Status: in_force

A licensed children's home may also be licensed as a child placing agency if the children's home complies with the law and rules applicable to child placing agencies. [PL 1975, c. 719, §6 (NEW).]
22 M.R.S. § 2383-A — ME Code / Title 22 / Subtitle 2 / Chapter 558 / Section 2383-A
22 §2383-A. Possession of imitation scheduled drugs
Status: in_force

Possession of fewer than 100 tablets, capsules or other dosage units of imitation scheduled drugs, as defined in Title 17‑A, section 1101, subsection 19 , constitutes a civil violation for which a forfeiture of not more than $200 may be adjudged. In determining whether the substance is an imitation scheduled drug, the court shall apply Title 17‑A, section 1116, subsection 5 . An imitation scheduled drug is declared to be contraband and may be seized by the State. [PL 1981, c. 603, §4 (NEW).]
22 M.R.S. § 256-B — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 256-B
22 §256-B. Collection of professional data
Status: in_force

1. Voluntary surveys. All licensed, registered or certified persons, including all dependent practitioners, under the authority of the following boards must receive a voluntary survey with their licensure, registration or certification renewal beginning January 1, 2006: A. Emergency Medical Services Board; [PL 2005, c. 327, §2 (NEW).] B. Radiologic Technology Board of Examiners; [PL 2005, c. 327, §2 (NEW).] C. Board of Occupation Therapy Practice; [PL 2005, c. 327, §2 (NEW).] D. Board of Examiners on Speech Pathology and Audiology; [PL 2005, c. 327, §2 (NEW).] E. Maine Board of Pharmacy; [PL 2005, c. 327, §2 (NEW).] F. State Board of Nursing; [PL 2005, c. 327, §2 (NEW).] G. Board of Licensure in Medicine; [PL 2005, c. 327, §2 (NEW).] H. Board of Osteopathic Licensure; [PL 2005, c. 327, §2 (NEW).] I. Board of Examiners in Physical Therapy; [PL 2005, c. 327, §2 (NEW).] J. Board of Respiratory Care Practitioners; [PL 2005, c. 327, §2 (NEW).] K. Board of Licensing of Dietetic Practice; [PL 2005, c. 327, §2 (NEW).] L. State Board of Social Worker Licensure; [PL 2005, c. 327, §2 (NEW).] M. Board of Dental Practice; [PL 2005, c. 327, §2 (NEW); PL 2015, c. 429, §23 (REV).] N. State Board of Alcohol and Drug Counselors; and [PL 2005, c. 327, §2 (NEW).] O. State Board of Examiners of Psychologists. [PL 2005, c. 327, §2 (NEW).] [PL 2005, c. 327, §2 (NEW); PL 2015, c. 429, §23 (REV).]

2. Information requested on survey. The voluntary surveys issued pursuant to subsection 1 must request the following information from persons seeking renewal of their licenses, registrations and certifications: A. Home zip code; [PL 2005, c. 327, §2 (NEW).] B. Business zip code; [PL 2005, c. 327, §2 (NEW).] C. Birth year; [PL 2005, c. 327, §2 (NEW).] D. Gender; [PL 2005, c. 327, §2 (NEW).] E. Race; [PL 2005, c. 327, §2 (NEW).] F. Current employment status: employed in a health care field, employed in another field, seeking health care employment, temporarily not working and not seeking work, retired or not intending to return to work, or some specified other status; [PL 2005, c. 327, §2 (NEW).] G. Practice setting: a hospital, private practice, community clinic or nursing home; an academic, governmental or other institution; or some specified other setting; [PL 2005, c. 327, §2 (NEW).] H. Field of licensure, registration or certification; [PL 2005, c. 327, §2 (NEW).] I. Specialty credential, if any; [PL 2005, c. 327, §2 (NEW).] J. Whether the person plans to be working in health care 5 years from now; [PL 2005, c. 327, §2 (NEW).] K. Basic and advanced education, degree earned and state where educated; [PL 2005, c. 327, §2 (NEW).] L. Number of hours hired to work in the person's primary position per week, average hours worked per week, preferred number of hours per week and number of hours providing direct care per week; [PL 2005, c. 327, §2 (NEW).] M. In addition to the person's primary position, number of hours worked per week for other health care employers, if any; and [PL 2005, c. 327, §2 (NEW).] N. If not working in a health care occupation, the reasons: issues of wages or benefits, inability to find position desired, pursuit of education opportunities, pursuit of other career opportunity, retirement or some other specified reason. [PL 2005, c. 327, §2 (NEW).] [PL 2005, c. 327, §2 (NEW).]

3. Submission of surveys. All surveys conducted pursuant to subsection 1 must be submitted to the Office of Data, Research and Vital Statistics for analysis, and survey data from which personally identifiable information has been eliminated must be publicly available. [PL 2009, c. 601, §2 (AMD).]

4. Rulemaking. Rules adopted to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 327, §2 (NEW).]
22 M.R.S. § 1551 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1551
22 §1551. Definitions
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

1. Cigarette paper. "Cigarette paper" means those papers or paper-like products used to roll cigarettes, which by advertising, design or use facilitate the use of tobacco or other products for inhalation. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

1-A. Consumer. "Consumer" means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale. [PL 2003, c. 444, §1 (NEW).]

1-B. Delivery sale. "Delivery sale" means a sale of tobacco products to a consumer in this State when: A. The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the Internet or any delivery service; or [PL 2003, c. 444, §1 (NEW).] B. The tobacco products are delivered by use of a delivery service. [PL 2003, c. 444, §1 (NEW).] A sale to a person who is not licensed as a tobacco distributor or tobacco retailer is a delivery sale. [PL 2003, c. 444, §1 (NEW).]

1-C. Delivery service. "Delivery service" means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers. [PL 2003, c. 444, §1 (NEW).]

1-D. Electronic smoking device. "Electronic smoking device" has the same meaning as in section 1541, subsection 1‑A . [PL 2017, c. 308, §1 (NEW).]

2. Juvenile. [PL 2017, c. 308, §2 (RP).]

2-A. Person. "Person" means an individual, corporation, partnership or unincorporated association. [PL 2003, c. 444, §1 (NEW).]

2-B. Tobacco distributor. "Tobacco distributor" or "distributor" means a person licensed as a distributor under Title 36, chapter 704 . [PL 2003, c. 444, §1 (NEW).]

3. Tobacco product. "Tobacco product" means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus. "Tobacco product" also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine. "Tobacco product" does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. [PL 2017, c. 308, §3 (RPR).]

3-A. Tobacco retailer. "Tobacco retailer" or "retailer" means a person located within or outside the State who sells tobacco products to a person in the State for personal consumption. [PL 2003, c. 444, §1 (NEW).]

4. Vending machine. "Vending machine" means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

5. Premium cigar. "Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco leaf. [PL 2009, c. 398, §1 (NEW); PL 2009, c. 398, §6 (AFF).]

6. (TEXT EFFECTIVE 4/01/26) Pharmacy. "Pharmacy" means a retail pharmacy as defined in Title 24‑A, section 4347, subsection 19 . [PL 2025, c. 493, §1 (NEW); PL 2025, c. 493, §4 (AFF).]
22 M.R.S. § 1234 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1234
22 §1234. Civil action not maintainable
Status: in_force

No civil action shall be maintainable for failure to comply with sections 1231 to 1233 .
22 M.R.S. § 3184 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3184
22 §3184. Recovery of illegal payments
Status: in_force

The department may recover the amount expended for aid in a civil action from a recipient or a former recipient who has failed to disclose assets that would have rendered the recipient or former recipient ineligible had the recipient or former recipient disclosed the assets. Such actions must be prosecuted by the Attorney General in the name of the State of Maine, and the amount recovered must be credited to the account for aid, medical or remedial care and services for the medically indigent. [RR 2021, c. 2, Pt. B, §165 (COR).]
22 M.R.S. § 2024 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2024
22 §2024. Inspection
Status: in_force

The department is authorized to inspect the premises and operations of all medical laboratories, subject to licensure or any provisions under this Act. [PL 1987, c. 211, §7 (AMD).]
22 M.R.S. § 3293 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3293
22 §3293. Confidential information provided to state employees and the Bureau of Human Resources
Status: in_force

l. Disclosure to state employees. Confidential information that is relevant to a grievance or a disciplinary procedure within the department shall be provided to the affected employee and the employee's designated representative. [PL 2007, c. 240, Pt. HH, §13 (AMD).]

2. Disclosure to the Bureau of Human Resources. Confidential information that is relevant to a grievance or disciplinary procedure within the department must be provided to the Bureau of Human Resources in cases regarding state employment subject to the State Employee Labor Relations Act, Title 26, chapter 9-B , and for state employees not subject to Title 26, chapter 9-B , when the Bureau of Human Resources becomes involved in the grievance or disciplinary process, including appeals to an arbitrator or the Civil Service Appeals Board. [PL 2007, c. 240, Pt. HH, §13 (AMD).]

3. Procedures governed by contract. If any other procedure relating to the use of confidential information in state employee personnel actions is governed by collective bargaining agreements, the collective bargaining agreements control, except as provided in section 3292 . [PL 2007, c. 240, Pt. HH, §13 (AMD).]
22 M.R.S. § 5103 — ME Code / Title 22 / Subtitle 4 / Chapter 1451 / Section 5103
22 §5103. Declaration of objectives
Status: in_force

1. Objectives. It is declared that, in keeping with the traditional American concept of the inherent dignity of the individual in our society, the older people of our State are entitled to, and it is the joint and several duty of the individual, the individual's family, relatives and friends; the community and private agencies of the community; and the governments of the political subdivisions of this State, the State of Maine and the United States of America to assist our older people to secure equal opportunity to full and free enjoyment of the following objectives: A. An adequate income in retirement in accordance with the American standard of living; [PL 1973, c. 630, §1 (NEW).] B. The best possible physical and mental health that science can make available and without regard to economic status; [RR 2021, c. 2, Pt. B, §210 (COR).] C. Suitable housing, independently selected, designed and located with reference to special needs and available at costs that older citizens can afford; [RR 2021, c. 2, Pt. B, §210 (COR).] D. Full restorative services for those who require institutional care; [PL 1973, c. 630, §1 (NEW).] E. Opportunity for employment with no discriminatory personnel practices because of age; [PL 1973, c. 630, §1 (NEW).] F. Retirement in health, honor and dignity after years of contribution to the economy; [PL 1973, c. 630, §1 (NEW).] G. Pursuit of a meaningful life within the widest range of civic, cultural, and recreational opportunities; [PL 1973, c. 630, §1 (NEW).] H. Efficient community services, including access to low-cost transportation, that provide social assistance in a coordinated manner and that are readily available when needed; [RR 2021, c. 2, Pt. B, §210 (COR).] I. Immediate benefit from proven research knowledge that can sustain and improve health and happiness; [RR 2021, c. 2, Pt. B, §210 (COR).] J. Freedom, independence and the free exercise of individual initiative in planning and managing their own lives. [PL 1973, c. 630, §1 (NEW).] [RR 2021, c. 2, Pt. B, §210 (COR).]

2. Purpose. It is further declared that thousands of older people in this State are suffering unnecessary harm from the lack of adequate services. It is therefore the purpose of this Act, in support of the above objectives, to: A. Make available programs which include a full range of health, education and social services to our older citizens who need them; [PL 1973, c. 630, §1 (NEW).] B. Give full and special consideration to older citizens with special needs in planning such programs and, pending the availability of such programs for all older citizens, give priority to the elderly with the greatest economic and social need; [PL 1973, c. 630, §1 (NEW).] C. Provide programs which will assure the coordinated and effective delivery of a full range of essential services to our older citizens and, where applicable, also furnish meaningful employment opportunities for many individuals, including older persons, young persons and volunteers from the community; and [PL 1973, c. 630, §1 (NEW).] D. Insure that the planning and operation of such programs will be undertaken as a partnership of older citizens, families, community leaders, private agencies and community, state and local governments, with appropriate assistance as available from the Federal Government. [PL 1973, c. 630, §1 (NEW).] [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 1692-A — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1692-A
22 §1692-A. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 835, §1 (NEW).]

1. Bureau. "Bureau" means the Bureau of Health. [PL 1983, c. 835, §1 (NEW).]

2. Director. "Director" means the Director of the Bureau of Health or the director's designee. [RR 2021, c. 2, Pt. B, §102 (COR).]
22 M.R.S. § 2958 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2958
22 §2958. Donor registry
Status: in_force

1. Elements of donor registry. A donor registry must: A. Provide a database that allows an individual who has made an anatomical gift to be included on the donor registry. The Maine Organ Donor Registry maintained under Title 29‑A, section 1402‑A must comply with this paragraph beginning January 1, 2010; [PL 2007, c. 601, §2 (NEW).] B. Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made an anatomical gift; and [PL 2007, c. 601, §2 (NEW).] C. Be accessible for purposes of paragraph B 7 days a week on a 24-hour basis. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Nondisclosure of personally identifiable information. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

3. Other registries. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the State. A registry under this subsection must comply with this chapter. [PL 2007, c. 601, §2 (NEW).]

4. Certification of donor registries. Prior to the establishment of a nongovernmental donor registry, the donor registry must be certified by the department to ensure the registry operates in accordance with the standards and requirements of this chapter except that a donor registry established by an organ procurement organization designated by and in good standing with the United States Department of Health and Human Services is exempt from the certification requirement. [PL 2007, c. 601, §2 (NEW).]

5. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1543 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1543
22 §1543. Posting signs
Status: in_force

Signs must be posted conspicuously in buildings where smoking is regulated by this chapter. Designated areas must have signs that read "Smoking Permitted" with letters at least one inch in height. Places where smoking is prohibited must have signs that read "No Smoking" with letters at least one inch in height or the international symbol for no smoking. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).]
22 M.R.S. § 2844 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2844
22 §2844. Subregistrars
Status: in_force

The State Registrar of Vital Statistics or municipal clerk may appoint one or more suitable and proper persons in a municipality as subregistrars, who are authorized to issue permits for transportation and final disposition of dead human bodies in the same manner as is required of the state registrar or municipal clerk, as specified by department rule. The completed death certificate or report of death, upon which the permit is issued, together with a copy of the disposition of human remains permit must be forwarded to the municipal clerk at the earliest opening of the municipal office after the date of issue, and all permits by whomsoever issued must be returned to the municipal clerk as required by section 2843 . The appointment of subregistrars must be made with reference to locality, so as to best suit the convenience of the inhabitants of the municipality, and such annual appointment must be in writing and recorded in the office of the state registrar or municipal clerk. The subregistrars in any municipality hold office at the pleasure of the state registrar or municipal clerk. [PL 2009, c. 601, §30 (AMD).]
22 M.R.S. § 3889 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3889
22 §3889. Donations to the State
Status: in_force

The State, through the Governor, may accept donations, bequests, devises, grants or other interests of any nature on behalf of the trust and shall transfer those funds, that property or other interests to the fund. [PL 1995, c. 402, Pt. A, §9 (AMD).]
22 M.R.S. § 2677 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2677
22 §2677. Optional participation of health care practitioners and providers
Status: in_force

This chapter does not require a health care practitioner who is licensed in the State or a health care provider that is licensed in the State to provide any service related to an investigational drug, biological product or device. [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 1555-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-A
22 §1555-A. Identification cards
Status: in_force

A licensee may refuse to sell tobacco to any person who fails to display upon request an identification card issued under Title 29‑A, section 1410 or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A . [PL 1997, c. 437, §2 (AMD).]
22 M.R.S. § 18 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 18
22 §18. Private Health Insurance Premium Program
Status: in_force

1. Program. The Private Health Insurance Premium Program is operated by the Office of MaineCare Services within the department and implements the provisions of 42 United States Code, Section 1396a(a)(25)(G) and 1396e. The office shall seek to maximize enrollment in the program by establishing procedures to identify families or individuals with access to other public or private insurance coverage and educating members and employers about the purpose and benefits of the program. [PL 2007, c. 448, §10 (AMD).]

2. Condition for eligibility. The department shall require, as a condition of being or remaining eligible for medical assistance, an individual otherwise entitled to medical assistance under this Title to apply for enrollment in a group health plan in which the individual is otherwise eligible to be enrolled, if the department determines that enrollment is cost-effective. For purposes of this section, the term "cost-effective" means that the reduction in medical assistance expenditures as a result of the individual's enrollment in a group health plan is likely to be greater than the additional expenditures by the department for premiums and cost-sharing with respect to that enrollment. [PL 1997, c. 795, §5 (NEW).]

3. Payments covered. If the individual enrolls in a group health plan or is accepted for coverage under an individual health insurance policy pursuant to the department's approval under the Private Health Insurance Premium Program, except as provided in subsection 5 , the department shall provide for payments of all premiums, deductibles, coinsurance and other cost-sharing obligations for items and services otherwise covered under the department's medical assistance program and shall treat coverage under the group health plan or the individual health insurance policy as a 3rd-party liability under section 14 . [PL 1997, c. 795, §5 (NEW).]

4. Family enrollment in employer plan. The department shall require, as a condition of being or remaining eligible for medical assistance, an individual who is a parent, is eligible for medical assistance under this Title and is eligible for family health coverage through an employer, to apply for enrollment for each eligible child. If the employed parent refuses to apply for such enrollment, the employer shall accept an application for enrollment of children, if otherwise eligible for family health coverage, submitted by the other parent or by the department. The employer shall enroll children in the employer plan without regard to any enrollment season restrictions. [PL 1997, c. 795, §5 (NEW).]

5. Cost-effective enrollment. If some members of a family are not eligible for medical assistance under this Title and enrollment of the family members who are eligible for medical assistance is not possible without also enrolling the members who are not eligible for medical assistance, the department shall provide for payment of enrollment premiums for all family members if, taking into account payment of all such premiums, the enrollment is cost-effective. [PL 1997, c. 795, §5 (NEW).]
22 M.R.S. § 5113 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5113
22 §5113. Purpose
Status: in_force

It is the purpose of this chapter to encourage and assist community and regional agencies to concentrate resources in order to develop greater capacity and foster the development of coordinated community programs to help older people by entering into new cooperative arrangements with each other and with providers of social services for planning for the provision of, and providing, social services and, where necessary, to reorganize or reassign functions, in order to secure and maintain maximum independence and dignity in a home environment for older people capable of self-care with appropriate supportive services and remove individual and social barriers to economic and personal independence for older persons. [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 49 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 49
22 §49. Certificate of commissioner as evidence
Status: in_force

A certificate of the commissioner in regard to the records of the department is admissible in evidence in all prosecutions under this Title. [PL 2003, c. 452, Pt. K, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 8756 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8756
22 §8756. Rulemaking
Status: in_force

The department shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]
22 M.R.S. § 8753-A — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8753-A
22 §8753-A. Standardized procedure
Status: in_force

A health care facility shall have a written standardized procedure for the identification of sentinel events. The division shall develop the standardized reporting and notification procedures by adoption of routine technical rules under Title 5, chapter 375, subchapter 2-A . [PL 2009, c. 358, §3 (NEW).]
22 M.R.S. § 2962 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2962
22 §2962. Registration of recovery agencies
Status: in_force

1. Registration. Except as provided under subsection 2 , a recovery agency must be registered by the department prior to requesting, receiving or otherwise participating in an anatomical gift under this chapter. [PL 2007, c. 601, §2 (NEW).]

2. Rulemaking. The department shall adopt rules governing the registration of recovery agencies. The rules must provide for exemptions for organ procurement organizations designated by the United States Department of Health and Human Services and tissue banks registered with the United States Department of Health and Human Services, Food and Drug Administration that are in good standing with their respective federal oversight agencies. The rules may provide for exemptions for other recovery agencies if such agencies operate in full compliance with this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 601, §2 (NEW).]

3. Fees. The department may charge reasonable registration fees to defray administrative costs in administering this section. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3735 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3735
22 §3735. Child care for ASPIRE-TANF participants
Status: in_force

The department shall ensure that all persons referred for participation in the State's ASPIRE-TANF program receive information regarding child care options from caseworkers who are knowledgeable about the range of child care subsidies available in this State and who can explain the relative advantages of each option. This may be done directly by the department or by the department's designee. [PL 1997, c. 530, Pt. A, §13 (AMD).]
22 M.R.S. § 2660-AA — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-AA
22 §2660-AA. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 330, §1 (NEW).]

1. Bottler. "Bottler" means a person that extracts water in this State to be sold as bottled water. [PL 2023, c. 330, §1 (NEW).]

2. Community water system. "Community water system" has the same meaning as in section 2660‑B, subsection 2 . [PL 2023, c. 330, §1 (NEW).]

3. Perfluoroalkyl and polyfluoroalkyl substances or PFAS. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or polyfluoroalkyl substance that is detectable in drinking water using standard laboratory methods established by the United States Environmental Protection Agency, including regulated PFAS contaminants. [PL 2023, c. 330, §1 (NEW).]

4. Regulated PFAS contaminants. "Regulated PFAS contaminants" means those contaminants regulated under 40 Code of Federal Regulations, Section 141.61(c)(2), as promulgated on April 26, 2024 and not as superseded by subsequent versions of that federal regulation. [RR 2025, c. 1, Pt. A, §30 (COR).]

Revisor's Note: §2660-AA. Requirements for water treatment equipment (As enacted by PL 2023, c. 164, §1 is REALLOCATED TO TITLE 22, SECTION 2660-FF)
22 M.R.S. § 1413 — ME Code / Title 22 / Subtitle 2 / Chapter 255-A / Section 1413
22 §1413. Confidentiality
Status: in_force

Information that directly or indirectly identifies individual persons contained within the registry is confidential and protected by applicable law, including section 42, subsections 2 and 5 and chapters 401 and 857 . Information within the registry may be disclosed in aggregated, de‑identified form. Information that directly or indirectly identifies individual persons contained within the registry may be disclosed only in a manner consistent with applicable state and federal confidentiality laws and policies. The department may establish data sharing and protection agreements with state, regional and national amyotrophic lateral sclerosis registries for bidirectional data exchange, in a manner consistent with applicable state and federal confidentiality laws and policies. The department may disclose the minimum information necessary to accomplish a specified research purpose only upon successful completion of the research disclosure approval process established by the department and as permitted under applicable human subject research protections, state and federal laws and the department's confidentiality policies and processes. [PL 2021, c. 613, §1 (NEW).]
22 M.R.S. § 1471-H — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-H
22 §1471-H. Inspection
Status: in_force

Upon presentation of appropriate credentials, the chair or any member of the board or any authorized employee or consultant of the board may enter upon any public or private premises at reasonable times for the purpose of inspecting any equipment, device or apparatus used in applying pesticides; inspecting storage and disposal areas; inspecting or investigating complaints of injury to persons or land from pesticides; observing the use and application of pesticides; sampling pesticides in use or storage; and sampling pesticide residues on crops, foliage, soil, water or elsewhere in the environment. Upon denial of access to the board or its agents, the board or its agents may seek an appropriate search warrant in a court of competent jurisdiction. Notwithstanding other provisions of this section, a board member or any authorized employee or consultant of the board may enter public or private premises without notification if an emergency exists. The need to take a residue sample in a timely manner constitutes an emergency under this section. [PL 1989, c. 841, §7 (AMD).]
22 M.R.S. § 566 — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 566
22 §566. Record of tests for water samples
Status: in_force

A person requesting a water sample test must indicate the source of the water sample. A laboratory that tests any public water system for drinking water program compliance mandates shall forward a copy of the test results to the department. [PL 1999, c. 62, §2 (AMD).]
22 M.R.S. § 2661 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2661
22 §2661. Purpose
Status: in_force

The purpose of this chapter is to provide minimum requirements and standards for the protection of the public health, safety and welfare of persons using public pools or spas. [PL 2007, c. 631, §3 (AMD).]
22 M.R.S. § 7857 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7857
22 §7857. Personal funds of residents
Status: in_force

1. Permission to manage personal funds. An operator or agent of an assisted housing facility may not manage, hold or deposit in a financial institution the personal funds of a resident of the facility unless the operator or agent has received written permission from: A. The resident if the resident does not have a guardian, trustee or conservator; [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] B. The resident's guardian, trustee or conservator if that person exists and can be reached; or [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] C. The department if a guardian, trustee or conservator exists but cannot be reached. [PL 2023, c. 176, §27 (AMD).] [PL 2023, c. 176, §27 (AMD).]

2. Itemized accounting. An operator or agent of an assisted housing facility who, after receiving written permission pursuant to subsection 1 , manages or holds the personal funds of a resident shall maintain an account for these funds, which must include for each resident a separate, itemized accounting for the use of that resident's personal funds with supporting documentation for every expenditure in excess of $2. [PL 2023, c. 176, §28 (AMD).]

3. Depositing personal funds. The department may require an operator or agent of an assisted housing facility to deposit in a financial institution the personal funds of a resident if the resident has a guardian, trustee or conservator who cannot be reached. [PL 2023, c. 176, §29 (AMD).]

4. Use of personal funds by operator prohibited. Under no circumstances may an operator or agent of an assisted housing facility use the personal funds of a resident for the operating costs of the facility or for services or items that are reimbursed by a 3rd party. The personal funds of a resident may not be commingled with the business funds of the facility or with the personal funds or accounts of the owner, a member of the owner's family or an employee of the facility. [PL 2023, c. 176, §30 (AMD).]
22 M.R.S. § 7851 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7851
22 §7851. Assisted housing facilities
Status: in_force

Assisted housing facilities are authorized under this chapter in the following settings and subject to the following standards and licensure requirements. [PL 2023, c. 176, §7 (AMD).]

1. Standards. Assisted housing facilities further the independence of the resident and respect the privacy and personal choices of the resident, including the choice to continue to reside at home for so long as the assisted housing facility, as it is fundamentally designed, is able to meet the needs of the resident. Assisted housing facilities provided to residents must be consumer oriented and meet professional standards of quality. [PL 2023, c. 176, §7 (AMD).]

2. Settings. Assisted housing facilities consist of the following settings: A. Independent housing with services programs, as defined in section 7852, subsection 6 ; [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] B. Assisted living facilities, as defined in section 7852, subsection 4‑A ; or [PL 2023, c. 176, §7 (AMD).] C. Residential care facilities, as defined in section 7852, subsection 14 . [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] [PL 2023, c. 176, §7 (AMD).]

3. Licensure requirements. Licensure of assisted living facilities is governed by subsection 3‑A and section 7801, subsection 1 . Licensure of residential care facilities is governed by subsection 3‑A and section 7801, subsections 1 and 3 . [PL 2023, c. 176, §7 (AMD).]

3-A. Multiple licenses; limitations. This subsection governs the department's issuance of multiple licenses to assisted living facilities and residential care facilities. A. Except as provided in paragraph B , beginning October 1, 2023, the department may not issue more than one license at the same license level to an applicant for an assisted living facility license or a residential care facility license for services offered in the same location. [PL 2023, c. 176, §7 (NEW).] B. The department may issue more than one license at the same license level to an applicant for an assisted living facility license or a residential care facility license that, on October 1, 2023, held more than one license at the same license level for services offered in the same location. The department may also issue more than one license at the same license level to an applicant for an assisted living facility license or a residential care facility license if the applicant received municipal approval and permits and project financing approvals prior to March 1, 2023 and began construction, prior to October 1, 2023, on a facility at the same license level for services offered in the same location as long as there were no quality of care and services or resident rights violations of the license substantiated prior to October 1, 2023. [PL 2025, c. 307, §1 (AMD).] The department shall adopt rules to define license levels for assisted living facilities and residential care facilities. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 307, §1 (AMD).]

4. Prohibited employment based on disqualifying offenses. A licensed assisted housing facility shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2 , in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker. The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 176, §7 (AMD).]
22 M.R.S. § 1598 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1598
22 §1598. Abortions
Status: in_force

1. Policy. It is the public policy of the State that the State not restrict a woman's exercise of her private decision to terminate a pregnancy before viability except as provided in section 1597‑A. It is also the public policy of the State that all abortions may be performed only by a health care professional, as defined in section 1596, subsection 1, paragraph C. [PL 2023, c. 416, §2 (AMD).]

1-A. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of a person's decision to terminate a pregnancy and legislation concerning the provision of abortion. No political subdivision of the State, including, but not limited to, municipalities, counties, townships, plantations and village corporations, may adopt any order, ordinance, rule or regulation concerning the regulation of a person's decision to terminate a pregnancy or concerning the provision of abortion. [PL 2023, c. 352, §1 (NEW).] Revisor's Note: (Subsection 1-A as enacted by PL 2023, c. 416, §3 is REALLOCATED TO TITLE 22, SECTION 1598, SUBSECTION 1-B)

1-B. (REALLOCATED FROM T. 22, §1598, sub-§1-A) Abortion after viability. After viability, an abortion may be performed only when it is necessary in the professional judgment of a physician licensed pursuant to Title 32, chapter 36 or 48 . The physician shall apply the applicable standard of care in making a professional judgment under this subsection. [PL 2023, c. 416, §3 (NEW); RR 2023, c. 1, Pt. A, §8 (RAL).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms shall have the following meanings. A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical or by the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus. [PL 1979, c. 405, §2 (NEW).] B. "Viability" means the state of fetal development when the life of the fetus may be continued indefinitely outside the womb by natural or artificial life-supportive systems. [PL 1979, c. 405, §2 (NEW).] [PL 1979, c. 405, §2 (NEW).]

3. Persons who may perform abortions; penalties. A. Only a person licensed under Title 32, chapter 36 or 48 to practice in the State as an osteopathic or medical physician or physician associate or a person licensed under Title 32, chapter 31 to practice in the State as an advanced practice registered nurse may perform an abortion on another person. Nothing in this paragraph limits the applicability of Title 32, section 3270 or any other civil or criminal law that may apply. [PL 2023, c. 416, §4 (AMD); PL 2025, c. 316, §3 (REV).] B. [PL 2023, c. 416, §4 (RP).] [PL 2023, c. 416, §4 (AMD); PL 2025, c. 316, §3 (REV).]

4. Abortions after viability; criminal liability. [PL 2023, c. 416, §5 (RP).]
22 M.R.S. § 3175-B — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3175-B
22 §3175-B. Delinquent residential treatment facility taxes to be withheld from Medicaid payments
Status: in_force

Whenever the commissioner receives written notice from the State Tax Assessor that a residential treatment facility is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2873 , the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the residential treatment facility's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the residential treatment facility and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the residential treatment facility's tax account. [PL 2001, c. 714, Pt. CC, §1 (NEW); PL 2001, c. 714, Pt. CC, §8 (AFF).]
22 M.R.S. § 3782-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3782-A
22 §3782-A. ASPIRE-TANF program
Status: in_force

1. Case management services. The department shall provide case management services to individuals participating in the ASPIRE-TANF program, referred to in this section as the "program." The department shall adopt rules in accordance with the Maine Administrative Procedure Act defining or describing those services. [PL 1997, c. 530, Pt. A, §19 (AMD).]

2. Purchase of services. The department may contract with public and private agencies and individuals to deliver employment, training and other services for program participants consistent with the purposes of the program. Program funds may not be used to purchase services from an agency under this subsection that are available on a nonreimbursable basis, if those nonreimbursable services meet the needs of a program participant. [PL 1993, c. 385, §17 (RPR).]

3. Monitoring of contract agencies. If the department contracts for the provision of program services under this section, it shall monitor each contract agency at least annually to ensure compliance with sections 3786 and 3788 to ensure compliance with the contracts entered into by the parties and to ensure that quality services are provided for program participants. The department shall adopt rules in accordance with the Maine Administrative Procedure Act by which satisfactory performance is measured. The rules must identify the circumstances under which sanctions, including contract suspension, reduction or termination, are applied. [PL 1993, c. 385, §17 (RPR).]

4. Rural access. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to provide access to Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families program services for recipients of Temporary Assistance for Needy Families living in rural areas. Services must be provided on an equitable basis throughout the State. Access to these services may be reasonably limited by the department due to factors such as availability of staff and funding. The rules adopted by the department must include, in addition to other methods necessary to achieve this goal, adequate provisions for itinerant service stationing. [PL 1997, c. 530, Pt. A, §19 (AMD).]

5. Child care during participation in employment, education and training. The department shall provide child care in accordance with federal law and this Title when the child care is necessary to permit a TANF-eligible family member to participate in the ASPIRE-TANF program. A. The department shall establish payment rates for child care services that are up to the 75th percentile of local market rates for the various categories of child care services. The payment rates for child care services for children with special needs may be higher than the 75th percentile of local market rates. [PL 2017, c. 412, §4 (NEW).] B. The department shall provide an ASPIRE-TANF program participant's actual cost for child care up to the maximum rate authorized by federal law. In determining the maximum rate, the State shall use a method that results in an amount that equals, or most closely approaches, the actual market rate in different regions of the State for various types of child care services received by families in the State participating in the ASPIRE-TANF program. [PL 2017, c. 412, §4 (NEW).] [PL 2017, c. 412, §4 (RPR).]

6. Rulemaking. The department shall adopt rules to implement this section. Except as specifically provided, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 475, Pt. A, §38 (AMD).]
22 M.R.S. § 671 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 671
22 §671. Declaration of policy
Status: in_force

It is the policy of this State in furtherance of its responsibility to protect the public health, safety and the environment: [PL 1983, c. 345, §§13, 14 (NEW).]

1. Compatible regulatory program. To institute and maintain a regulatory program for sources of ionizing and nonionizing radiation so as to provide for compatibility and equivalency with the standards and regulatory programs of the Federal Government; an integrated effective system of regulation within the State and a system consonant insofar as possible with those of other states; [PL 1983, c. 345, §§13, 14 (NEW).]

2. Safe use of sources. To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the health and safety of the public; and [PL 1983, c. 345, §§13, 14 (NEW).]

3. State authority. Nothing in this Act may be construed to limit the authority of the State to regulate radioactive materials, or the facilities in which they are used or stored, to the fullest extent consistent with federal law. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 1663 — ME Code / Title 22 / Subtitle 2 / Chapter 269 / Section 1663
22 §1663. Rules
Status: in_force

The Commissioner of Health and Human Services is authorized and directed to adopt rules to implement this chapter to reflect widely accepted and current services that are presently provided. The commissioner shall consult with organizations who counsel rape victims, the Maine Coalition Against Sexual Assault, and other appropriate parties and shall make allocations based on these recommendations. [PL 1999, c. 127, Pt. B, §7 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 454-A — ME Code / Title 22 / Subtitle 2 / Chapter 153 / Section 454-A
22 §454-A. Powers and duties
Status: in_force

1. Supervision. For the purposes of this section, a local health officer is subject to the supervision and direction of the commissioner or the commissioner’s designee. [PL 2007, c. 598, §7 (NEW).]

2. Duties. Within jurisdictional limits, a local health officer shall: A. Make and keep a record of all the proceedings, transactions, ordinances, orders and rules acted upon by the local health officer; [PL 2007, c. 598, §7 (NEW).] B. Report to the commissioner or the commissioner's designee facts that relate to communicable diseases and cases of communicable disease as required by department rules; [PL 2007, c. 598, §7 (NEW).] C. During a declared health emergency, as defined in section 802, subsections 2 and 2‑A , report to the commissioner or the commissioner's designee facts regarding potential notifiable diseases and cases that directly relate to the declared health emergency, as the rules of the department require; [PL 2007, c. 598, §7 (NEW).] D. Receive and examine the nature of complaints made by members of the public concerning conditions posing a public health threat or a potential public health threat; [PL 2007, c. 598, §7 (NEW).] E. With the consent of the owner, agent or occupant, enter, inspect and examine any place or premises where filth, whether or not the cause of sickness, or conditions posing a public health threat are known or believed to exist. An agent with special expertise appointed by the local health officer may inspect and examine the place or premises. If entry is refused, the local health officer shall apply for an inspection warrant from the District Court, pursuant to Title 4, section 179 , prior to conducting the inspection; [PL 2007, c. 598, §7 (NEW).] F. After consulting with the commissioner or the commissioner's designee, order the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat; [PL 2007, c. 598, §7 (NEW).] G. Act as a resource for connecting residents with the public health services and resources provided by the Maine Center for Disease Control and Prevention; [PL 2023, c. 46, §3 (AMD).] H. Enforce public health safety laws, including: (1) Laws pertaining to the exclusion of students from school under Title 20‑A, section 6356 ; (2) Laws pertaining to control of browntail moths under section 1444 ; (3) Laws pertaining to the removal of a private nuisance or nuisance of a dead animal under sections 1561 and 1562 ; (4) Laws pertaining to the establishment of temporary health care facilities under section 1762 ; and (5) Laws pertaining to prohibited dumping under Title 30‑A, section 3352 ; and [PL 2023, c. 46, §4 (AMD).] I. Supervise associate health officers appointed under section 451, subsection 7 . [PL 2023, c. 46, §5 (NEW).] For purposes of this subsection, "public health threat" means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease. [PL 2023, c. 46, §§3-5 (AMD).]
22 M.R.S. § 2957 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2957
22 §2957. Law governing validity; choice of law as to execution of document of gift; presumption of validity
Status: in_force

1. Validity of document. A document of gift is valid if executed in accordance with: A. This chapter; [PL 2007, c. 601, §2 (NEW).] B. The laws of the state or country where it was executed; or [PL 2007, c. 601, §2 (NEW).] C. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Law of State governs. If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift. [PL 2007, c. 601, §2 (NEW).]

3. Presumption. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 4171 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4171
22 §4171. Findings and purposes
Status: in_force

1. Findings. The Legislature finds that: A. Finding adoptive families for children for whom state assistance is desirable, pursuant to the Adoption Assistance Program established in Title 18‑C, Article 9, Part 4 , and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and [PL 2017, c. 402, Pt. C, §71 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Provision of medical and other necessary services for children with state assistance encounters special difficulties when the provision of services takes place in other states. [PL 1983, c. 721 (NEW).] [PL 2017, c. 402, Pt. C, §71 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Purposes. The purposes of this chapter are to: A. Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department; and [PL 1983, c. 721 (NEW).] B. Provide procedures for interstate children's adoption assistance payments, including medical payments. [PL 1983, c. 721 (NEW).] [PL 1983, c. 721 (NEW).]
22 M.R.S. § 6202 — ME Code / Title 22 / Subtitle 4 / Chapter 1505 / Section 6202
22 §6202. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 545, §1 (NEW).]

1. Adult day care. "Adult day care" means an ongoing program of health, social, maintenance and rehabilitative services available to persons needing this level of service, as determined by an assessment of their functional abilities and need for health and social services. [PL 1989, c. 347, §2 (AMD).]

2. Adults with long-term care needs. "Adults with long-term care needs" means adults who have physical or mental limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently, or who are at risk of being placed, or who already have been placed in an institutional setting. [PL 1983, c. 545, §1 (NEW).]

3. Agreement. "Agreement" means a contract, grant or other method of payment. [PL 1983, c. 545, §1 (NEW).]

4. Demonstrations. [PL 1989, c. 347, §3 (RP).]

4-A. Community-based program. "Community-based program" means a program of adult day care offered outside of a long-term health care facility and which meets the licensing and program standards of the Department of Health and Human Services. [PL 1989, c. 347, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

5. Department. [PL 2011, c. 657, Pt. BB, §13 (RP).]

6. In-home services. [PL 1989, c. 347, §6 (RP).]

6-A. Licensed adult day care program. A "licensed adult day care program" means a program of adult day care which has been licensed by the Department of Health and Human Services according to section 8602 . [PL 1989, c. 347, §7 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

7. Long-term health care facilities. "Long-term health care facilities" means intermediate care and skilled nursing facilities and units, licensed pursuant to chapter 405 . [PL 1983, c. 545, §1 (NEW).]

8. Provider. "Provider" means any facility or program which meets the licensing and program standards of the department. [PL 1989, c. 347, §8 (NEW).]
22 M.R.S. § 3179 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3179
22 §3179. Change of circumstances
Status: in_force

If at any time during the continuance of aid the recipient thereof becomes possessed of any property or income in excess of the amount last disclosed to the department, it shall be the duty of the recipient immediately to notify the department of the receipt or possession of such property or income, and the department may, after investigation, either cancel the aid or change the amount thereof in accordance with the circumstances. [PL 1973, c. 790, §2 (NEW).]

A recipient of aid under this chapter whose categorical assistance benefits are terminated by the department must be sent a separate, timely and adequate notice of the effect that that termination will have on the recipient's medical assistance. The department shall develop procedures to assure the continuation, without interruption, of medical assistance to persons who, despite the termination of their categorical assistance benefits, are eligible for continuing coverage through any program under this chapter. [RR 2021, c. 2, Pt. B, §161 (COR).]
22 M.R.S. § 2039 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2039
22 §2039. Injunction
Status: in_force

The operation or maintenance of a medical laboratory subject to licensure or any provisions of this Act, in violation of this Act, is declared a nuisance inimical to the public health, welfare and safety. The department, in the name of the people of the State, through the Attorney General, may, in addition to other remedies provided, bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such medical laboratory unless compliance with this Act has been obtained. [PL 1987, c. 211, §11 (AMD).]
22 M.R.S. § 3785 — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3785
22 §3785. Sanctions
Status: in_force

An individual may not be sanctioned under this program or Temporary Assistance for Needy Families for failure to participate in the ASPIRE-TANF program if that failure to participate is based on good cause. Each individual participating in an ASPIRE-TANF orientation must receive written and oral notice of what constitutes good cause for nonparticipation in ASPIRE-TANF including the domestic violence exception. Good cause for failure to participate in this program must be found when there is reasonable and verifiable evidence of: [PL 1997, c. 530, Pt. A, §20 (AMD).]

1. Illness or incapacitation. The individual's illness, incapacity or advanced age, or the illness or incapacity of a household member, that requires the individual to provide care in the home; [PL 1993, c. 385, §18 (AMD).]

2. Sexual harassment. [PL 2017, c. 284, Pt. NNNNNNN, §13 (RP).]

3. Court-required appearance; incarceration. Court-required appearance or incarceration; [PL 1987, c. 856, §7 (NEW).]

4. Lack of supportive services. [PL 2017, c. 256, §2 (RP).]

5. Inclement weather. [PL 2017, c. 256, §2 (RP).]

6. Assignment to another activity. [PL 2017, c. 256, §2 (RP).]

7. Remoteness. [PL 2017, c. 256, §2 (RP).]

8. Crisis or special circumstance. A crisis, special circumstance or other reason that the department determines to be good cause that causes an individual to be absent from or discontinue a department activity about which the department has been advised, including lack of transportation or child care necessary for participation when the individual does not have reasonable access to that service and the department cannot offer a reasonable alternative to enable the individual to participate. If an individual has access to transportation that is reasonable under the circumstances through any program at the department, the individual is ineligible to receive an exemption based on lack of transportation; or [PL 2017, c. 284, Pt. NNNNNNN, §14 (AMD).]

9. Good cause. [PL 1989, c. 839, §8 (RP).]

10. Caretakers of children under 6 years of age. [PL 1995, c. 418, Pt. A, §28 (RP).]

11. Net loss of cash income. [PL 1995, c. 418, Pt. A, §28 (RP).]

12. Other good cause. [PL 2017, c. 256, §2 (RP).]

13. Domestic violence. Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries or the psychological effects of abuse; because of legal proceedings, counseling or other activities related to abuse; because the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for other good cause related to domestic violence. For the purposes of this subsection, reasonable and verifiable evidence may include but is not limited to the following: A. Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence; or [PL 1997, c. 530, Pt. A, §24 (NEW).] B. Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual. [PL 1997, c. 530, Pt. A, §24 (NEW).] [PL 1997, c. 530, Pt. A, §24 (NEW).]
22 M.R.S. § 4326 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4326
22 §4326. Nonlapsing funds
Status: in_force

Any balance remaining in the General Assistance - Reimbursement to Cities and Towns program in the Department of Human Services at the end of any fiscal year must be carried forward for the next fiscal year. [PL 2003, c. 673, Pt. DD, §1 (NEW).]
22 M.R.S. § 1444 — ME Code / Title 22 / Subtitle 2 / Chapter 257-A / Section 1444
22 §1444. Control of browntail moths
Status: in_force

1. Declaration of public health nuisance. The Director of the Bureau of Health may declare that an infestation of browntail moths is a public health nuisance. The declaration may be made on the director's own initiative or on petition to the director by municipal officers in a municipality affected by the infestation. [PL 1997, c. 215, §1 (NEW).]

2. Aerial spraying. When the infestation causing a public health nuisance may be controlled by the aerial spraying of pesticides, the municipal officers in the affected municipality may conduct aerial spraying subject to rules adopted by the Board of Pesticides Control pursuant to Title 7, section 610 and Title 22, section 1471‑M , except that: A. The municipality is responsible for compliance with the notification and consent regulations; [PL 2015, c. 58, §1 (AMD).] B. Landowners who are sent written notification by mail, sent to the landowner's last known address as contained in the municipal assessing records and who fail to respond to the notice within 30 days are deemed to have consented to aerial spraying; [PL 1997, c. 215, §1 (NEW).] C. A landowner's written consent to spray remains valid unless the municipal officers are notified in writing at least 90 days before spraying is to occur that: (1) The landowner withdraws consent; or (2) Ownership of the property has been transferred and the notice contains the name and mailing address of the new owner; [PL 1997, c. 215, §1 (NEW).] D. [PL 2015, c. 58, §1 (RP).] E. Written notice to the landowners must identify the chemicals to be used in the aerial spraying; and [PL 1997, c. 215, §1 (NEW).] F. Public notice of the date of the aerial spraying, subject to change because of weather conditions, must be given 24 hours prior to the spraying. [PL 1997, c. 215, §1 (NEW).] [PL 2015, c. 58, §1 (AMD).]

3. Refusal to consent; cost of extermination. After the declaration of the Director of the Bureau of Health and a written declaration by the municipal officers of their intent to conduct aerial spraying, any landowner who refuses to consent to aerial spraying shall remove any browntail moth infestation from that landowner's property at that landowner's expense in a time and manner satisfactory to the local health officer. Regardless of whether the nonconsenting landowner's property has an infestation of moths, the nonconsenting landowner is also liable for the additional expenses actually incurred by neighboring consenting landowners or the municipality when neighboring consenting landowners or the municipality uses a method of removal other than aerial spraying due to lack of consent. In such cases, consenting landowners shall remove any browntail moth infestation from their own property at their own initial expense in a time and manner satisfactory to the local health officer. All additional expenses incurred by a municipality must be repaid to the municipality within 30 days after written demand mailed to the nonconsenting landowner by the municipal officers. If the written demand is not met, a service charge may be assessed by the municipal officers against the land of the nonconsenting landowner for the amount of those expenses. The service charge must be collected in the same manner as municipal sewer service charges are collected pursuant to Title 30‑A, section 3406 . All additional expenses incurred by neighboring consenting landowners may be collected by the municipality from nonconsenting landowners as a service charge described in this subsection, following certification in writing by the consenting landowners to the municipal officers of the additional costs. The municipal officers shall make suitable provisions to reimburse the consenting landowners from the amounts collected. [PL 1997, c. 215, §1 (NEW).]

4. Limits on pesticide applications. [RR 2005, c. 2, §15 (COR); MRSA T. 22 §1444, sub-§4 (RP).]

5. Limits on pesticide applications. [PL 2007, c. 50, §1 (NEW); MRSA T. 22 §1444, sub-§5 (RP).]
22 M.R.S. § 3174-Y — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-Y
22 §3174-Y. Prior authorization in Medicaid program
Status: in_force

If the commissioner establishes maximum retail prices for prescription drugs pursuant to section 2693 , the department shall adopt rules for the Medicaid program requiring additional prior authorization for the dispensing of drugs determined to be priced above the established maximum retail prices. The department shall adopt rules for the Medicaid program requiring additional prior authorization for the dispensing of drugs provided from manufacturers and labelers who do not enter into agreements with the department under section 2681, subsection 3 . For the purposes of this section, "labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (1999). [PL 1999, c. 786, Pt. B, §3 (NEW).]
22 M.R.S. § 3174-JJ — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-JJ
22 §3174-JJ. MaineCare reimbursement for ambulance services (REALLOCATED FROM TITLE 22, SECTION 3174-HH)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-HH)

The department shall reimburse for ambulance services under MaineCare at a level that is not less than the average allowable reimbursement rate under Medicare for such services or at the highest percent of that level that is possible within resources appropriated for those purposes. Beginning March 1, 2015, the department shall reimburse for ambulance services under MaineCare at a level that is not less than 65% of the average allowable reimbursement rate under Medicare for such services. Beginning January 1, 2020, the department shall reimburse for ambulance services under MaineCare at a level that is not less than the average allowable reimbursement rate under Medicare for such services and shall reimburse for neonatal transport services under MaineCare at the average rate for critical care transport services under Medicare. [PL 2019, c. 530, Pt. B, §1 (AMD).]
22 M.R.S. § 1557-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1557-A
22 §1557-A. Imposition of penalties; causes
Status: in_force

The District Court may impose fines or revoke or suspend licenses for the following causes: [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

1. Violation of law or infraction of rule. Violation of state law or rule related to the sale of tobacco products; or [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

2. False material statement. Knowingly making a false material statement of fact in an application for licensure of the sale of tobacco products. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
22 M.R.S. § 2761-B — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2761-B
22 §2761-B. Hospital-based paternity acknowledgement
Status: in_force

1. Birthing center. As used in this section, "birthing center" means a hospital or other facility that provides childbirth services. [PL 1995, c. 419, §29 (NEW).]

2. Procedure. A birthing center shall provide an opportunity for all unmarried parents to complete a voluntary acknowledgement of paternity. A birthing center shall provide to each unmarried mother and alleged father, if present, written information about paternity establishment provided by the department, forms needed to voluntarily acknowledge paternity and the opportunity to speak with a person who is trained to clarify information and answer questions about paternity establishment. The birthing center shall forward all completed acknowledgement forms to the department. [PL 1995, c. 419, §29 (NEW).]

3. Written information. The department shall develop an acknowledgement form and written information for use by birthing centers in carrying out the requirements of this section. The information must include a description of the benefits and responsibilities of paternity establishment. The information must include instructions on completing the acknowledgement form. [PL 1995, c. 419, §29 (NEW).]

4. Technical assistance. The department shall provide birthing centers with training and technical assistance as needed to carry out the requirements of this section. [PL 1995, c. 419, §29 (NEW).]

5. Reimbursement. The department may establish by rule a fee to reimburse birthing centers for each voluntary acknowledgement of paternity form completed. [PL 1995, c. 419, §29 (NEW).]

6. Rulemaking. The department shall adopt rules to implement this section that comply with all applicable federal regulations. [PL 1995, c. 419, §29 (NEW).]
22 M.R.S. § 2151 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2151
22 §2151. Short title
Status: in_force

This subchapter shall be known and may be cited as the "Maine Food Law."
22 M.R.S. § 2521 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2521
22 §2521. Humane methods of slaughter
Status: in_force

A method of slaughtering or handling in connection with slaughtering does not comply with the public policy of the State unless it is humane. Either of the following 2 methods of slaughtering and handling are humane: [PL 1999, c. 777, §1 (NEW).]

1. Humane slaughter. In the case of livestock, rendering animals insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective before they are shackled, hoisted, thrown, cast or cut; or [PL 1999, c. 777, §1 (NEW).]

2. Ritual slaughter. Slaughtering and handling in accordance with the ritual requirements of a religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 2061 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2061
22 §2061. Procedure before issuance of bonds
Status: in_force

Notwithstanding any other provisions of this chapter, the authority is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes hereunder, the authority has determined that: [PL 1975, c. 264 (RPR).]

1. Assistance. Such a project will enable or assist a health care facility to fulfill its obligation to provide health care facilities, an institution for higher education to provide educational facilities within the State or a participating institution providing an educational program to fulfill its mission within the State; [PL 2007, c. 354, §20 (AMD).]

2. Review. Each project for a health care facility has been reviewed and approved to the extent required by the agency of the State that serves as the designated planning agency of the State or by the Department of Health and Human Services in accordance with the provisions of the Maine Certificate of Need Act of 2002, as amended; [PL 2011, c. 90, Pt. J, §19 (AMD).]

3. Lease. Such a project will be leased to, or owned by, a health care facility, institution for higher education or institution providing an educational program inside the State; [PL 2007, c. 354, §21 (AMD).]

4. Payment. Adequate provision has been or will be made for the payment of such project and that under no circumstances will the State be obligated for the payment of such project, or for the payment of the principal of, or interest on, any obligations issued to finance such project; and [PL 2001, c. 609, §2 (AMD).]

5. Projects for program of independent housing with services not required to be licensed. If the project is for a program of independent housing with services that is not required to be licensed under this Title, the participating health care facility has agreed to comply with the requirements applicable to assisted living providers with regard to the standardized contract under section 7862 and residents' rights under section 7853, subsection 6 and rules adopted pursuant to those provisions. This requirement does not apply to the refinancing of an authority loan outstanding on April 1, 2002 or to a project specifically authorized under this chapter. [PL 2023, c. 405, Pt. A, §53 (AMD).]
22 M.R.S. § 259 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 259
22 §259. Support for primary and preventive health care services
Status: in_force

The department shall maintain and expand health care access for underserved populations using funds appropriated for these purposes by the Legislature as provided in this section. [PL 2001, c. 450, Pt. B, §1 (NEW).]

1. Support for federally qualified health centers. The department shall provide support for federally qualified health centers as follows: A. Seventy-five thousand dollars in fiscal years 2001-02 and 2002-03 as the state Medicaid match to contract for Medicaid outstationing services at federally qualified health centers; [PL 2015, c. 267, Pt. JJJ, §1 (AMD).] B. Six hundred ninety-nine thousand, one hundred fifty dollars in fiscal year 2001-02 to federally qualified health centers to support the infrastructure of these programs in providing primary care services to underserved populations. Forty-four thousand, two hundred fifty dollars must be provided to each federally qualified health center with an additional $8,850 for the 2nd and each additional site operated by a federally qualified health center. For the purposes of this paragraph, "site" means a site or sites operated by the federally qualified health center within its scope of service that meet all health center requirements, including providing primary care services, regardless of patients' ability to pay, 5 days a week with extended hours. If there is not sufficient funding to meet the formula in this paragraph, the $699,150 must be allocated in proportion to the formula outlined in this paragraph; and [PL 2025, c. 388, Pt. XXX, §1 (AMD).] C. Five hundred thousand dollars, beginning with fiscal year 2015-16 and continuing each fiscal year thereafter, to support access to primary medical, behavioral health and dental services to residents of the State in rural and underserved communities and to assist with provider recruitment and retention. Twenty-five thousand dollars must be provided to each federally qualified health center. [PL 2025, c. 388, Pt. XXX, §2 (AMD).] D. [PL 2025, c. 388, Pt. XXX, §3 (RP).] [PL 2025, c. 388, Pt. XXX, §§1-3 (AMD).]

2. Restriction. Funding provided under this section may not supplant other sources of funding. [PL 2001, c. 450, Pt. B, §1 (NEW).]

3. Allocation of pharmacy services support funding. [PL 2025, c. 388, Pt. XXX, §4 (RP).]
22 M.R.S. § 1322-E — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1322-E
22 §1322-E. Lead Poisoning Prevention Fund
Status: in_force

1. Fund established. The Lead Poisoning Prevention Fund, referred to in this section as "the fund," is established within the department as a nonlapsing fund for the purposes specified in this section. [PL 2005, c. 403, §1 (NEW).]

2. Sources of fund. The fund is funded from all fees collected under section 1322‑F and from other funds accepted by the commissioner or allocated or appropriated by the Legislature. [PL 2005, c. 403, §1 (NEW).]

3. Prevention purposes. Allocations from the fund must be made for the following purposes: A. Contracts for funding community and worker educational outreach programs to enable the public to identify lead hazards and take precautionary actions to prevent exposure to lead; [PL 2005, c. 403, §1 (NEW).] B. An ongoing major media campaign to fulfill the purposes of the educational and publicity program required by section 1317‑B ; [PL 2005, c. 403, §1 (NEW).] C. Measures to prevent children's exposure to lead, including targeted educational mailings to families with children that occupy dwellings built prior to 1978 with culturally appropriate information on the health hazards of lead, the identification of lead sources, actions to take to prevent lead exposure and the importance of screening children for lead poisoning; [PL 2005, c. 403, §1 (NEW).] D. Measures to prevent occupational exposures to lead for private and public employees; [PL 2023, c. 412, Pt. UU, §3 (AMD).] E. Funding an assessment of current uses of lead and the availability, effectiveness and affordability of lead-free alternatives; [PL 2007, c. 628, Pt. A, §3 (AMD).] F. Funding for educational programs and information for owners of rental property used for residential purposes; [PL 2025, c. 388, Pt. RR, §1 (AMD).] G. Implementation of the lead-safe housing registry by the department pursuant to section 1331; and [PL 2025, c. 388, Pt. RR, §2 (AMD).] H. Funding for childhood lead poisoning prevention efforts, including, but not limited to, funding for state personnel and contracted resources dedicated to reducing lead hazard exposures and preventing harm from lead poisoning; blood lead testing and laboratory analysis; short-term relocation of families with a lead-poisoned child to a lead-safe residence; and other related costs. [PL 2025, c. 388, Pt. RR, §3 (NEW).] [PL 2025, c. 388, Pt. RR, §§1-3 (AMD).]

4. Administration. The Bureau of Health shall administer the fund allocations with the review and advice of an advisory board established by the department pursuant to section 1323 . Preference must be given to programs that reach high-risk or underserved populations. The bureau may contract for professional services to carry out the purposes of this section. [PL 2005, c. 403, §1 (NEW).]
22 M.R.S. § 2654 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2654
22 §2654. Procedure for elections
Status: in_force

1. Single community water districts. In a single community water district, the vote on the issue of fluoridation must be called by a majority vote of the municipal officers acting on their own initiative or pursuant to a petition meeting the requirements established for a referendum vote by the municipality's home rule charter or, if the municipality has no home rule charter, as provided by Title 30‑A, section 2522 . [PL 1991, c. 824, Pt. A, §43 (AMD).]

2. Multiple community water districts. In the case of a multiple community water district, authorization shall be by a majority vote of those voting at a multiple community water system district-wide election. A valid request for an election on whether or not to authorize the addition of fluoride may be made in either of the following ways. A. A valid request for an election shall have been made when a majority of municipal officers, in a majority of municipalities within a multiple community water system district, vote to call an election. All such votes must be taken at least 90 days before the general election. Each voting municipality shall certify within 5 days to all other municipalities within the public water system district the results of its vote. A multiple community water system district-wide election shall take place in each municipality within the district if, on the basis of the certificates, a majority of municipal officers within a majority of the municipalities in the district have called for an election. [PL 1987, c. 122, §4 (AMD).] B. A valid request for election shall have been made when a number of registered voters within a multiple community water district equal to at least 10% of the total number of votes cast for Governor at the last gubernatorial election in all municipalities, wholly or partially within the multiple community water district, file a petition in accordance with section 2655 . [PL 1987, c. 122, §4 (AMD).] [PL 1987, c. 122, §4 (AMD).]
22 M.R.S. § 8741 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8741
22 §8741. International referenced rate pricing
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Manufacturer" has the same meaning as in section 8731, subsection 3 . [PL 2021, c. 606, §1 (NEW).] B. "Prescription drug" has the same meaning as in section 8731, subsection 3‑A . [PL 2021, c. 606, §1 (NEW).] C. "Referenced rate" means the maximum rate established using the wholesale acquisition cost and other pricing data described in subsection 2, paragraph B . [PL 2021, c. 606, §1 (NEW).] D. "Wholesale acquisition cost" has the same meaning as in section 8731, subsection 6 . [PL 2021, c. 606, §1 (NEW).] [PL 2021, c. 606, §1 (NEW).]

2. Referenced rates determined. The following provisions govern the determination of referenced rates of prescription drugs. A. Based on the payments reported in the organization's claims database, the organization shall identify the 100 most costly prescription drugs and the 100 most frequently prescribed prescription drugs in the State, the manufacturers of those drugs and the average wholesale acquisition cost for each drug for the most current 12-month period. [PL 2021, c. 606, §1 (NEW).] B. To the extent possible, the organization, in conjunction with the Maine Prescription Drug Affordability Board established in Title 5, section 12004‑G, subsection 14‑I , shall determine the referenced rate for each drug identified in paragraph A by comparing the wholesale acquisition cost to the cost in official publications of the governments of the Canadian provinces of Ontario, Quebec, British Columbia and Alberta. The referenced rate for each prescription drug must be calculated as the lowest cost among the resources described in this paragraph and the wholesale acquisition cost for the most recent 12-month period. If a specific drug identified in paragraph A is not included within the resources described in this paragraph, the organization shall use for the purpose of determining the referenced rate the ceiling price for drugs as reported in other official publications of the government of Canada. [PL 2021, c. 606, §1 (NEW).] C. For each drug identified in paragraph A , the organization shall determine the potential savings that could be achieved by subjecting those drugs to the referenced rate as calculated pursuant to paragraph B . The savings must be determined based on the payments reported in the organization's claims database for the most current 12-month period. [PL 2021, c. 606, §1 (NEW).] [PL 2021, c. 606, §1 (NEW).]

3. Reporting. By January 1, 2023, and annually thereafter, the organization shall produce and post on its publicly accessible website a report including the information required under subsection 2 . The organization shall submit the report required by this subsection to the Office of Affordable Health Care established in Title 5, section 3122 , the Maine Prescription Drug Affordability Board established in Title 5, section 12004‑G, subsection 14‑I and the joint standing committee of the Legislature having jurisdiction over health data reporting and prescription drug matters. The joint standing committee of the Legislature having jurisdiction over health data reporting and prescription drug matters may report out legislation based on the report to the first regular or second regular session of the Legislature, depending on the year in which the report is submitted. [PL 2021, c. 606, §1 (NEW).]
22 M.R.S. § 2498 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2498
22 §2498. Fines and penalties
Status: in_force

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter, or rules enacted pursuant to this chapter, occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the public health. A. The department may impose penalties for violations of this chapter, or the rules adopted pursuant to this chapter, on any eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground. The penalties may not be greater than $100 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules. [PL 2017, c. 322, §7 (AMD).] B. The department may direct an eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground to correct any violations in a manner and within a time frame that the department determines is appropriate to ensure compliance with state rules or to protect the public health. Failure to correct violations within the time frames constitutes a separate finable violation. [PL 2017, c. 322, §7 (AMD).] C. The department may impose penalties up to $5,000 on any person, corporation, firm or copartnership that operates any eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground without an active, valid license, as determined by the department. Each day any such person, corporation, firm or copartnership operates without an active, valid license constitutes a separate offense. [PL 2021, c. 125, §14 (AMD).] D. In the event of any violation of this section or any rule pursuant to this chapter, the Attorney General may seek to enjoin a further violation, in addition to any other remedy. [PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).] E. A person, corporation, firm or copartnership that fails to pay a penalty imposed pursuant to this chapter: (1) May be referred to the Attorney General for appropriate enforcement action; and (2) In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the department, including attorney's fees. [PL 2013, c. 264, §6 (NEW).] [PL 2021, c. 125, §14 (AMD).]

2. Schedule of penalties. The department shall establish a schedule of penalties according to the nature and duration of the violation. [PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).]

3. Enforcement and appeal. Enforcement and appeal of this section is as follows. A. The department may impose any fine in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the licensee the opportunity for an administrative hearing. [PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).] B. Licensees that are fined pursuant to this chapter are required to pay the department the amount of the penalties. If a licensee has not paid any collectible fines by the time of its license renewal, the department may collect such fines by requiring their payment prior to the processing of any license renewal application. An appeal of the department's decision to fine a licensee stays the collection of any fine. Interest must accrue on fines at a rate described in Title 14, section 1602‑B prior to the completion of any appeal. After the completion of any appeal process or after any appeal period has passed, interest must accrue pursuant to Title 14, section 1602‑C . [PL 2003, c. 460, §11 (AMD).] [PL 2003, c. 460, §11 (AMD).]
22 M.R.S. § 2964 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2964
22 §2964. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This Act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that Act, 15 United States Code, Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 United States Code, Section 7003(b). [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3732 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3732
22 §3732. Principles of child care system
Status: in_force

The department shall allocate resources available under this chapter in a manner that promotes the following principles. [PL 1993, c. 158, §2 (NEW).]

1. Family self-sufficiency. A stable source of child care is a critical ingredient to economic self-sufficiency. Child care policies and programs must facilitate a smooth transition into the work force for parents and a rich and stable environment for children. [PL 1993, c. 158, §2 (NEW).]

2. Investment in children. Child care is a critical investment that affects a child's readiness to learn. High-quality child care programs recognize and implement good, early childhood practices, as articulated by Head Start, the National Association for the Education of Young Children and other early childhood organizations. [PL 1993, c. 158, §2 (NEW).]

3. Consumer orientation and education. Child care policies and programs must be responsive to the changing needs of families and educate families about available options, identifying quality programs and selecting appropriate care. [PL 1993, c. 158, §2 (NEW).]

4. Accessibility. High-quality child care must be available to any family seeking care regardless of where the family lives or the special needs of the child. A centralized system in local communities must be available to facilitate parents' access to child care. [PL 2011, c. 388, §6 (AMD).]

5. Affordability. High-quality child care must be available to families who receive child care subsidies available in the State on a sliding scale fee basis, with families contributing based on ability to pay. [PL 2011, c. 388, §7 (AMD).]

6. Diversity. It is the goal of the State to strive wherever possible to provide child care in an integrated setting, where children with various needs and of various income levels and cultures are cared for together. [PL 1993, c. 158, §2 (NEW).]

7. Efficient, coordinated administration. Child care programs must be coordinated to ensure the most effective use of federal and state funds. [PL 1993, c. 158, §2 (NEW).]

8. Support for infrastructure. State child care agencies and policies must support the orderly development of a high-quality child care system. [PL 1993, c. 158, §2 (NEW).]
22 M.R.S. § 1315-A — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1315-A
22 §1315-A. Authority of the department
Status: in_force

The commissioner may take any action that is in accordance with the purposes of this chapter and is within the powers granted in this Title to protect the public from lead poisoning. That action may include, but is not limited to, the following: [PL 1995, c. 453, §7 (AMD).]

1. Reduction and abatement program. The establishment of programs to reduce lead-based substances and abate environmental lead hazards; and [PL 1991, c. 810, §18 (NEW).]

2. Interagency agreements. The development of interagency agreements with any pertinent federal, state or local agency, including, but not limited to, public housing authorities, energy efficiency programs and home maintenance and improvement programs. [PL 1991, c. 810, §18 (NEW).]
22 M.R.S. § 21 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 21
22 §21. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 675, §1 (NEW).]

1. AFDC. [PL 2017, c. 284, Pt. NNNNNNN, §2 (RP).]

2. Automated teller machine or ATM. "Automated teller machine" or "ATM" means a machine that accepts a debit card distributed to recipients; to the extent permitted by federal law on the effective date of this subchapter, issues funds from established accounts to recipients; and records and reports individual recipient account activity related to the deposit and distribution of recipient cash benefits. [PL 1995, c. 675, §1 (NEW).]

3. Debit card. "Debit card" means an encoded plastic card distributed by the department or another department or a contractor with that department for use in an automated teller machine or a point of sale device. [PL 1995, c. 675, §1 (NEW).]

3-A. Electronic benefits transfer card or EBT card. "Electronic benefits transfer card" or "EBT card" means a card issued by the department under an electronic benefits transfer system for the delivery of benefits to recipients. [PL 2017, c. 284, Pt. NNNNNNN, §3 (NEW).]

4. Electronic benefits transfer system or EBT. "Electronic benefits transfer system" or "EBT" means a system for the delivery of benefits to recipients by means of credit or debit card services, automated teller machines, point of sale devices or access to online systems for the withdrawal of funds or the processing of a payment for merchandise or a service. [PL 2011, c. 687, §3 (AMD).]

5. Food stamps. [PL 2023, c. 405, Pt. C, §5 (RP).]

6. Medicaid. "Medicaid" means the Medicaid program under the provisions of the United States Social Security Act, Title XIX, and successors to it, and related rules of the department pursuant to chapter 855 . [PL 1995, c. 675, §1 (NEW).]

7. Other department or another department. "Other department" or "another department" means a department of the State other than the Department of Health and Human Services. [PL 1995, c. 675, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

8. Other program or another program. "Other program" or "another program" means a program of the department not defined as a program in subsection 10 or a program of another department that is approved for addition to the EBT system. [PL 1995, c. 675, §1 (NEW).]

8-A. Parents as Scholars Program. "Parents as Scholars" means the program established in chapter 1054‑B . [PL 1997, c. 530, Pt. A, §9 (NEW).]

9. Point of sale device. "Point of sale device" means a machine that accepts a debit card distributed to recipients; electronically processes transactions at the vendor's place of business; and records and reports individual recipient benefit entitlement and distribution. [PL 1995, c. 675, §1 (NEW).]

10. Program. "Program" means SNAP or the Medicaid program or another program. [PL 2023, c. 405, Pt. C, §6 (AMD).]

11. Recipient. "Recipient" means a recipient of benefits under SNAP or the Medicaid program or another program. [PL 2023, c. 405, Pt. C, §7 (AMD).]

11-A. Temporary Assistance for Needy Families. "Temporary Assistance for Needy Families" means the program established in chapter 1053‑B . [PL 1997, c. 530, Pt. A, §9 (NEW).]

11-B. Supplemental Nutrition Assistance Program or SNAP. "Supplemental Nutrition Assistance Program" or "SNAP" means the Supplemental Nutrition Assistance Program established pursuant to section 3104. [PL 2023, c. 405, Pt. C, §8 (NEW).]

12. Vendor. "Vendor" means an authorized retailer, wholesaler or health care provider that provides food, cash benefits or health care services to a recipient. [PL 1995, c. 675, §1 (NEW).]
22 M.R.S. § 5104 — ME Code / Title 22 / Subtitle 4 / Chapter 1451 / Section 5104
22 §5104. Definitions
Status: in_force

For the purposes of this Act, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1973, c. 793, §3 (RPR).]

1. Agreement. "Agreement" means a legally binding document between 2 parties including such documents as are commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement or purchase of service. [PL 1973, c. 793, §3 (RPR).]

1-A. Adult. "Adult" means any person who has attained the age of 18 years or who is a legally emancipated minor. [PL 1989, c. 329, §7 (NEW).]

1-B. Aging, elderly or older person. "Aging, elderly or older person" are synonymous terms, and mean any person 60 years of age or older or any person otherwise described as elderly or older for the purpose of eligibility for assistance or services under specific federal or state laws and programs. [PL 1989, c. 329, §7 (NEW).]

2. Bureau or state agency. [PL 2011, c. 657, Pt. BB, §4 (RP).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services, or the commissioner's successors. [RR 2021, c. 2, Pt. B, §211 (COR).]

4. Committee. [PL 2011, c. 657, Pt. BB, §5 (RP).]

5. Department. "Department" means the Maine Department of Health and Human Services. [PL 1973, c. 793, §3 (RPR); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

5-A. Dependent adult. "Dependent adult" means any adult who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, and who would be in danger if that care or support were withdrawn. [PL 2011, c. 542, Pt. A, §37 (AMD).]

6. Director. [PL 2011, c. 657, Pt. BB, §6 (RP).]

7. Elderly or older people. [PL 1989, c. 329, §11 (RP).]

7-A. Incapacitated adult. "Incapacitated adult" means any adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the adult lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual's person, or to the extent the adult cannot effectively manage or apply that individual's estate to necessary ends. [PL 2011, c. 542, Pt. A, §38 (AMD).]

8. Nonprofit organization. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and which has a territory of operations that may extend to a neighborhood or community region or the State. [PL 1989, c. 329, §13 (AMD).]

9. Public. "Public" means municipal, county and other governmental bodies which are political subdivisions within the State of Maine. [PL 1973, c. 793, §3 (NEW).]

10. Rural area. "Rural area" means a geographical area or place of less than 10,000 inhabitants. "Rural population" consists of all persons living in places of less than 10,000 inhabitants incorporated as cities, villages, boroughs and towns, including those persons living in the rural portions of extended cities, unincorporated places of less than 10,000 inhabitants and other territory, incorporated or unincorporated. [P&SL 1975, c. 90, §C, §1 (NEW).]

11. Extended city. "Extended city" means a city containing one or more areas, each of at least 5 square miles in extent and with a population density of less than 100 persons per square mile according to the 1970 census. The area or areas shall constitute at least 25% of the land area of the legal city or total 5 square miles or more. [P&SL 1975, c. 90, §C, §1 (NEW).]
22 M.R.S. § 3946 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3946
22 §3946. Parental rights; voluntary termination
Status: in_force

1. Consent; record; certification matters; invalid consents. When a parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, this consent is not valid unless executed in writing and recorded before a judge of the District Court or Probate Court. The court shall certify in writing that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Consent given prior to, or within 10 days after, birth of an Indian child is not valid. [PL 2023, c. 359, §5 (NEW).]

2. Foster care placement; withdrawal of consent; return of custody. Any parent or Indian custodian may withdraw consent to a voluntary foster care placement under the laws of this State at any time and, upon such withdrawal, the Indian child must be returned to the parent or Indian custodian. [PL 2023, c. 359, §5 (NEW).]

3. Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent or Indian custodian may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the Indian child must be returned to the parent or Indian custodian. [PL 2023, c. 359, §5 (NEW).]

4. Collateral attack; vacation of decree and return of custody; limitations. After the entry of a final decree of adoption of an Indian child in the District Court or Probate Court in a voluntary proceeding, the parent or Indian custodian may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding by clear and convincing evidence that the consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent or Indian custodian. An adoption that has been effective for 2 years or longer may not be invalidated under the provisions of this subsection. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 3174-K — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-K
22 §3174-K. Counseling for certain children
Status: in_force

By October 1, 1992, the department shall adopt rules to provide Medicaid coverage for crisis counseling for children up to 21 years of age who are in crisis as a result of their removal or imminent removal from their parents' homes. The rules must allow the counseling to be provided by licensed clinical social workers. [PL 1991, c. 882, §1 (NEW).]
22 M.R.S. § 8821 — ME Code / Title 22 / Subtitle 6 / Chapter 1686 / Section 8821
22 §8821. Newborn Hearing Program established
Status: in_force

There is established within the department the Newborn Hearing Program, referred to in this chapter as the "program," to enable children and their families and caregivers to obtain information regarding hearing screening and evaluation and to learn about treatment and intervention services at the earliest opportunity in order to prevent or mitigate developmental delays and academic failures associated with undetected hearing loss. The obligations of the department regarding this program begin when funding is available to the department to implement the program. [PL 1999, c. 647, §2 (NEW).]
22 M.R.S. § 1504 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1504
22 §1504. Good faith reliance on consent
Status: in_force

1. Reliance on minor's consent. A health care practitioner or health care provider who takes reasonable steps to ascertain that a minor is authorized to consent to health care as authorized in section 1503 and who subsequently renders health care in reliance on that consent is not liable for failing to have secured consent of the minor's parents or legal guardian prior to providing health care to the minor. [PL 2015, c. 444, §3 (NEW).]

2. Reliance on surrogate's consent. Recovery is not allowed against any health care practitioner or health care provider upon the grounds that the health care was rendered without informed consent if consent is given by the minor's surrogate pursuant to section 1503‑A and the health care practitioner or provider acts with good faith reliance on that consent. [PL 2015, c. 444, §3 (NEW).]
22 M.R.S. § 1692 — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1692
22 §1692. Environmental Health Program
Status: in_force

The department shall create an Environmental Health Program within the Division of Disease Control of the Bureau of Health, Department of Health and Human Services. This program shall be staffed by individuals with training and experience in environmental medicine, epidemiology, toxicology, statistics and related fields. [PL 1981, c. 508, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

The Environmental Health Program shall: [PL 1981, c. 508, §1 (NEW).]

1. Develop and monitor health status. Develop indicators of health problems in the State, monitor the health status of the people of the State and establish and maintain the necessary data banks for broad surveillance of human health and disease in Maine; [PL 1981, c. 508, §1 (NEW).]

2. Identify health problems. Identify significant health problems in the State, including those which may be related to environmental factors; [PL 1981, c. 508, §1 (NEW).]

3. Investigate. Conduct and contract for investigations as necessary to determine whether particular problems are related to environmental factors; [PL 1981, c. 508, §1 (NEW).]

4. Advise state agencies. Advise the Commissioner of Health and Human Services, as well as other state agencies and boards, such as the Departments of Conservation, Environmental Protection and Agriculture, Food and Rural Resources, regarding the potential health implications of their actions, the nature and extent of identified problems and the steps which can be taken to address them; and [PL 1981, c. 508, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

5. Public information. Provide the public with information, and advise them as to preventive and corrective actions in the area of environmental health. [PL 1981, c. 508, §1 (NEW).]