22 M.R.S. § 8718 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8718
22 §8718. Maine Health Data Organization Health Information Advisory Committee
Status: in_force

The Maine Health Data Organization Health Information Advisory Committee, referred to in this section as "the advisory committee," is established in accordance with this section to make recommendations to the organization regarding public reporting of health care trends developed from data reported to the organization pursuant to this chapter. [PL 2021, c. 423, Pt. A, §10 (NEW).]

1. Membership. The advisory committee consists of the following 11 members: A. The executive director of the organization; [PL 2021, c. 423, Pt. A, §10 (NEW).] B. One member of the Senate, appointed by the President of the Senate; [PL 2021, c. 423, Pt. A, §10 (NEW).] C. One member of the House of Representatives, appointed by the Speaker of the House of Representatives; [PL 2021, c. 423, Pt. A, §10 (NEW).] D. The commissioner or the commissioner's designee; [PL 2021, c. 423, Pt. A, §10 (NEW).] E. The Superintendent of Insurance or the superintendent's designee; and [PL 2021, c. 423, Pt. A, §10 (NEW).] F. Six members appointed by the board as follows: (1) One member representing consumers of health care; (2) One member representing providers; (3) One member representing hospitals; (4) One member representing employers; (5) One member representing carriers; and (6) One member representing the state employee health plan under Title 5, section 285 . [PL 2021, c. 423, Pt. A, §10 (NEW).] [PL 2021, c. 423, Pt. A, §10 (NEW).]

2. Duties. The advisory committee shall: A. Make recommendations to the organization to establish priorities for health care trend data items; [PL 2021, c. 423, Pt. A, §10 (NEW).] B. Make recommendations to the organization on the annual public reporting of health care trend data items pursuant to this chapter; and [PL 2021, c. 423, Pt. A, §10 (NEW).] C. Make additional health care data trend-related recommendations as requested by the executive director of the organization. [PL 2021, c. 423, Pt. A, §10 (NEW).] [PL 2021, c. 423, Pt. A, §10 (NEW).]

3. Terms. Except for Legislators, members of the advisory committee appointed by the board serve 5-year terms except for initial appointments. Initial appointments must include one member appointed to a 3-year term, 2 members appointed to 4-year terms and 3 members appointed to 5-year terms. A member may not serve more than 2 consecutive terms. The terms of Legislators serving as members of the advisory committee coincide with their legislative term of office. [PL 2021, c. 423, Pt. A, §10 (NEW).]

4. Compensation. Except for Legislators, members of the advisory committee are eligible for compensation according to the provisions of Title 5, chapter 379 . [PL 2021, c. 423, Pt. A, §10 (NEW).]

5. Quorum. A quorum is a majority of the members of the advisory committee. [PL 2021, c. 423, Pt. A, §10 (NEW).]

6. Chair and officers. The advisory committee shall annually choose one of its members to serve as chair for a one-year term. The advisory committee may select other officers and designate their duties. [PL 2021, c. 423, Pt. A, §10 (NEW).]

7. Meetings. The advisory committee shall meet at least 4 times a year at regular intervals and may meet at other times at the call of the chair or the executive director of the organization. Meetings of the advisory committee are public proceedings as provided by Title 1, chapter 13, subchapter 1 . [PL 2021, c. 423, Pt. A, §10 (NEW).]
22 M.R.S. § 5118 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5118
22 §5118. Area plans
Status: in_force

1. Plans. In order to be approved by the state agency, an area plan must be developed by the area agency designated with respect to such area under section 5116, subsection 1, paragraph B and must: A. Provide for the establishment of a coordinated community program for the delivery of social services within the area covered by the plan, including determining the need for social services in such area, taking into consideration, among other things, the number of older persons with low incomes residing in such area, the extent to which existing public or private programs meet such need, evaluating the effectiveness of the use of resources in meeting such need, and entering into agreements with providers of social services in such area, for the provision of such services to meet such need; [PL 1973, c. 630, §1 (NEW).] B. In accordance with criteria established by the commissioner by regulation relating to priorities, provide for the initiation, expansion or improvement of social services in the area covered by the area plan; [PL 2015, c. 494, Pt. D, §8 (AMD).] C. Provide for the establishment and maintenance of information and referral sources in sufficient numbers to assure that all older persons within the planning and service area covered by the plan will have reasonably convenient access to such sources. For purposes of this paragraph, an information and referral source is a location where a public or private agency or organization: (1) Maintains current information with respect to the opportunities and services available to older persons, and develops current lists of older persons in need of services and opportunities; and (2) Employs a specially trained staff to inform older persons of the opportunities and services that are available, and assists these persons to take advantage of these opportunities and services; [PL 2015, c. 494, Pt. D, §8 (AMD).] D. Provide that the area agency will: (1) Conduct periodic evaluations of activities carried out pursuant to the area plan; (2) Render appropriate technical assistance to providers of social services in the planning and service area covered by the area plan; (3) When necessary and feasible, enter into arrangements, consistent with the area plan, under which funds under this Title may be used to provide legal services to older persons in the area carried out through federally assisted programs or other public or nonprofit agencies; (4) Take into account, in connection with matters of general policy arising in the development and administration of the area plan, the recommendations of older people in need of or served by social services provided under such plan; (5) When possible, enter into arrangements with organizations providing children services so as to provide opportunities for older persons to aid or assist, on a voluntary basis, in the delivery of such services to children; and (6) Establish an advisory council, which may be the board of directors or a subcommittee thereof, of the area agency consisting of at least 65% older people representatives of the target population and the general public, to advise the area agency on all matters relating to the administration of the plan and operations conducted thereunder. [PL 2015, c. 494, Pt. D, §8 (AMD).] E. Provide for the use of such methods of administration as are necessary for the proper and efficient administration of the plan; [PL 1981, c. 470, Pt. A, §115 (AMD).] F. Provide that the area agency will make such reports, in such form and containing such information as the commissioner may from time to time require, and comply with such requirements as the commissioner may impose to assure the correctness of these reports; [PL 2015, c. 494, Pt. D, §8 (AMD).] G. Establish objectives consistent with the purposes of this Title toward which activities under the plan will be directed, identify obstacles to the attainment of those objectives and indicate how it proposes to overcome those obstacles; [PL 2015, c. 494, Pt. D, §8 (AMD).] H. Provide that no social service will be directly provided by the state agency or an area agency, except when, in the judgment of the state agency, provision of that service by the state agency or an area agency is necessary to assure an adequate supply of that service; and [PL 2015, c. 494, Pt. D, §8 (AMD).] I. Provide that preference must be given to persons aged 60 or over for any staff positions, full-time or part-time, in area agencies for which these persons qualify. [PL 2015, c. 494, Pt. D, §8 (AMD).] J. [PL 1981, c. 470, Pt. A, §116 (RP).] K. [PL 1981, c. 470, Pt. A, §116 (RP).] L. [PL 1981, c. 470, Pt. A, §116 (RP).] M. [PL 1981, c. 470, Pt. A, §116 (RP).] [PL 2015, c. 494, Pt. D, §8 (AMD).]

2. Approval of area plan. The commissioner shall approve any area plan that the commissioner finds fulfills the requirements of subsection 1, paragraphs A to I . [PL 2015, c. 494, Pt. D, §8 (AMD).]

3. Notice and opportunity for hearing. The commissioner may not make a final determination disapproving any area plan, or any modification thereof, or make a final determination that an area agency is ineligible under section 5116 , without first affording the area agency reasonable notice and opportunity for a hearing. [PL 2015, c. 494, Pt. D, §8 (AMD).]

4. Findings. Whenever the director, after reasonable notice and opportunity for hearing to the area agency, finds that: A. The area agency is not eligible under section 5116 ; [PL 1981, c. 470, Pt. A, §117 (NEW).] B. The area plan has been so changed that it no longer complies with subsection 1, paragraphs A to I ; or [PL 1981, c. 470, Pt. A, §117 (NEW).] C. In the administration of the plan, there is a failure to comply substantially with any provision of subsection 1, paragraphs A to I , the commissioner shall notify the area agency that no further payments from its allotments under section 5115 and Section 306 of the federal Older Americans Act of 1965, 42 United States Code, Section 3026 will be made to the agency or, in the commissioner's discretion, that further payments to the agency will be limited to projects under or portions of the area plan not affected by the failure, until the commissioner is satisfied that there will no longer be any failure to comply. Until the commissioner is so satisfied, further payments may not be made to the agency from its allotments under section 5115 , or payments may be limited to projects under or portions of the area plan not affected by the failure. The commissioner shall, in accordance with rules adopted by the commissioner, disburse funds so withheld directly to any public or nonprofit private organization or agency of the area, submitting an approved plan in accordance with section 5116 . Any payment or payments must be matched in the proportions specified in section 5116 . [PL 2015, c. 494, Pt. D, §8 (AMD).] [PL 2015, c. 494, Pt. D, §8 (AMD).]

5. Final action; dissatisfaction. An agency that is dissatisfied with a final action under subsection 2 , 3 or 4 may appeal to the commissioner by filing a petition with the commissioner within 60 days after final action. The judgment of the commissioner affirming or setting aside, in whole or in part, any action is final. [PL 2015, c. 494, Pt. D, §8 (AMD).]
22 M.R.S. § 3174-EEE — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-EEE
22 §3174-EEE. Prior authorization of treatment for opioid use disorder
Status: in_force

1. Medication-assisted treatment. For the purposes of this section, "medication-assisted treatment" means an evidence-based practice that combines pharmacological interventions with substance use disorder counseling. [PL 2019, c. 645, §1 (NEW).]

2. Prior authorization limitation. The department may not require under the MaineCare program prior authorization for the following: A. The prescription of at least one drug for each therapeutic class of medication used for medication-assisted treatment for opioid use disorder; or [PL 2019, c. 645, §1 (NEW).] B. Intensive outpatient therapy services for a diagnosis of opioid use disorder. [PL 2019, c. 645, §1 (NEW).] [PL 2019, c. 645, §1 (NEW).]

3. Prior authorization for pregnant women. In addition to the prior authorization limits imposed in subsection 2 , the department may not require under the MaineCare program any prior authorization requirements with respect to a pregnant woman for medication-assisted treatment for opioid use disorder or for intensive outpatient therapy services for a diagnosis of opioid use disorder. [PL 2019, c. 645, §1 (NEW).]

4. Dosage increases. Notwithstanding subsections 2 and 3 , the department may impose prior authorization requirements under the MaineCare program for dosage increases that exceed the department's dosing criteria as identified on the department's MaineCare preferred drug list. [PL 2019, c. 645, §1 (NEW).]

5. Rulemaking. The department may 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 2019, c. 645, §1 (NEW).]

The requirements of this section must be applied in a manner that is not inconsistent with the requirements of the Medicaid drug rebate program. [PL 2019, c. 645, §1 (NEW).]
22 M.R.S. § 8715-A — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8715-A
22 §8715-A. Reporting of cancer data and vital statistics data
Status: in_force

1. Reporting; joint rule-making authority. The organization and the Department of Health and Human Services may adopt a joint rule to require the reporting to the organization of data from the cancer-incidence registry established pursuant to section 1404 and data related to the registration of vital statistics pursuant to section 2701 . The rule adopted pursuant to this section is a routine technical rule as described in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 423, Pt. A, §9 (NEW).]

2. Confidentiality of data reported. Data reported to the organization in accordance with subsection 1 is the organization's data and must be protected by privacy and security measures consistent with health care industry standards. The data is confidential and may be released only in accordance with the organization's rule on release of data to the public adopted pursuant to section 8707 . Any such cancer data or vital statistics data may be released only in accordance with the organization's rule adopted after the effective date of this subsection. [PL 2021, c. 423, Pt. A, §9 (NEW).]
22 M.R.S. § 41-A — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 41-A
22 §41-A. Biennial funding comparison report
Status: in_force

By January 31, 2003, and every 2 years thereafter, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs the amounts of appropriations and allocations that would be required to fully fund all reimbursable costs for nursing facilities and medical and remedial private nonmedical institutions covered by the department, determined pursuant to the department's principles of reimbursement and the amounts of appropriations and allocations that would be necessary to raise the reimbursement rates for all providers of services reimbursed under the Medicaid program on a fee-for-service basis who are reimbursed below 70% of usual and customary rates to a level equal to 70% of usual customary rates, as long as the rate does not exceed the rate allowed by federal law or regulation. The information in the report regarding nursing facilities and private nonmedical institutions must be presented in a manner that compares the amounts that would be required to fully fund the 2 types of facilities, the amounts that are requested in the Governor's budget bill and the amounts that were appropriated and allocated for each of the 2 years of the biennium in which the report is made. [PL 2001, c. 666, Pt. D, §1 (NEW).]
22 M.R.S. § 7856 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7856
22 §7856. Fire safety inspection for assisted living facilities
Status: in_force

In accordance with this section, the department shall adopt rules pursuant to Title 5, chapter 375 for the inspection of assisted living facilities as defined in section 7852, subsection 4‑A by the Commissioner of Public Safety or the commissioner's designee and the fees for that inspection. Rules regarding fees adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 176, §26 (AMD).]

1. Permits; inspection. Construction and renovation of assisted living facilities require a construction permit from the Commissioner of Public Safety. Prior to licensure all assisted living facilities must be inspected by the Commissioner of Public Safety or the commissioner's designee at the request of the department. All assisted living facilities must be inspected upon performing renovations and must be reinspected every 2 years. [PL 2023, c. 176, §26 (AMD).]

2. Certificate of compliance. The Commissioner of Public Safety shall issue a certificate of compliance with the provisions of this section to the department. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

3. Requirements. All assisted living facilities must be inspected using the chapter pertaining to the applicable building type of the National Fire Protection Association Life Safety Code adopted by the Department of Public Safety, Office of the State Fire Marshal and must be protected throughout by a supervised, automatic sprinkler system approved by the Commissioner of Public Safety. [PL 2023, c. 176, §26 (AMD).]
22 M.R.S. § 1319-C — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1319-C
22 §1319-C. Screening for potential lead hazards
Status: in_force

1. Annual screening required. The department shall require a child care facility and the premises of a family child care provider as defined in chapter 1673 and a nursery school as defined in chapter 1675 to have an annual screening for potential lead hazards. If potential lead hazards are identified, a full lead inspection must be conducted. [PL 2005, c. 530, §2 (AMD).]

1-A. Lead-safe status. A facility found to have lead hazards shall abate or remediate the hazards to at least a lead-safe status. [PL 2003, c. 421, §4 (NEW).]

2. Exemptions. A facility may be exempt from subsection 1 if: A. The facility was constructed in 1978 or later; [PL 1999, c. 276, §10 (NEW).] B. The facility has been certified as lead-safe within the previous 12 months; [PL 1999, c. 276, §10 (NEW).] C. The facility has been certified as lead-free; or [PL 1999, c. 276, §10 (NEW).] D. The facility does not serve any children under 6 years of age. [PL 1999, c. 276, §10 (NEW).] [PL 2003, c. 421, §5 (AMD).]

3. Approval dependent on compliance. As of July 1, 1998, a family child care provider, child care facility or nursery school may not be licensed, registered or otherwise approved or receive any state funds unless it is in compliance with this section. [PL 2021, c. 35, §1 (AMD).]
22 M.R.S. § 1718-F — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-F
22 §1718-F. Disclosure related to observation status for Medicare patients
Status: in_force

A health care entity, as defined in section 1718‑B, subsection 1, paragraph B , shall disclose to a patient who is covered by the federal Medicare program and who is on observation status and not an admitted patient at the health care entity the following information in a single notice: [PL 2019, c. 670, §3 (NEW).]

1. Medicare outpatient observation notice. The Medicare outpatient observation notice required under 42 Code of Federal Regulations, Section 489.20(y); [PL 2019, c. 670, §3 (NEW).]

2. Impact on patient's financial liability. Notification that observation status may have an impact on the patient's financial liability; and [PL 2019, c. 670, §3 (NEW).]

3. Opportunity to discuss potential financial liability. Notification that the patient may meet with a representative from the health care entity's financial office to discuss the patient's potential financial liability. [PL 2019, c. 670, §3 (NEW).]
22 M.R.S. § 9061 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9061
22 §9061. Confidentiality
Status: in_force

A criminal background check record and other personally identifiable information provided to an employer in compliance with this chapter are confidential. An employer may use this information only to determine the eligibility of an individual for new or continued employment, and the personally identifiable information or background check record may not be disseminated in any way that does not comply with this chapter or other applicable laws. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 1651 — ME Code / Title 22 / Subtitle 2 / Chapter 267 / Section 1651
22 §1651. Identification of exposed persons
Status: in_force

For the purpose of identifying persons who have been exposed to the potential hazards and afflictions of diethylstilbestrol and for the purpose of educating the public concerning the symptoms and prevention of associated malignancies, the Commissioner of Health and Human Services shall establish, promote and maintain a public information campaign on diethylstilbestrol. This campaign shall be conducted throughout the State and shall include, but not be limited to, a concerted effort at reaching those persons or the offspring of persons who have been exposed to diethylstilbestrol in order to encourage them to seek medical care for the prevention or treatment of any malignant condition. [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 3032 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3032
22 §3032. Rules
Status: in_force

The Chief Medical Examiner is authorized and empowered to carry into effect this chapter and, in pursuance thereof, to make and enforce such reasonable rules consistent with this chapter as the Chief Medical Examiner determines necessary. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 222, §11 (AMD).]
22 M.R.S. § 1964 — ME Code / Title 22 / Subtitle 2 / Chapter 408 / Section 1964
22 §1964. Required staffing
Status: in_force

Notwithstanding any other provision of law, and without further approval or justification, the department shall promptly fill all public health nurse positions within the Public Health Nursing Program for which funding is provided. [PL 2017, c. 312, Pt. A, §2 (NEW).]

The department shall widely post public notices for public health nurse vacancies under this section on publicly accessible state websites and in other appropriate locations. Public notice must be posted within 30 days of the effective date of this section for vacancies then existing and within 30 days of each subsequent vacancy that occurs. The department shall recruit and hire qualified individuals for these vacant positions. [PL 2017, c. 312, Pt. A, §2 (NEW).]
22 M.R.S. § 1691 — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1691
22 §1691. Findings and declaration of purpose
Status: in_force

The Legislature finds that adequate measures must be taken to ensure that any threats to the health of the people of the State posed by natural phenomena or the introduction of potentially toxic substances into the environment are identified, appropriately considered and responded to by those responsible for protecting the public's health and environment. [PL 1981, c. 508, §1 (NEW).]

The purpose of this chapter is to create an Environmental Health Program within the Department of Health and Human Services, Bureau of Health, which would provide the department with the capability it requires to discharge its responsibilities satisfactorily, and to advise other departments and boards charged with similar or related responsibilities regarding the potential health implications of their actions. [PL 1981, c. 508, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 835 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 835
22 §835. Rulemaking
Status: in_force

Rules adopted by the Bureau of Health pursuant to this subchapter are routine technical rules under Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 368, §1 (NEW).]
22 M.R.S. § 8708 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8708
22 §8708. Clinical data
Status: in_force

Clinical data must be filed, stored and managed as follows. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Information required. Pursuant to rules adopted by the board for form, medium, content and time for filing, each health care facility shall file with the organization the following information: A. [PL 1999, c. 353, §14 (RP).] B. A completed uniform hospital discharge data set, or comparable information, for each patient discharged from the facility after June 30, 1983 and for each hospital outpatient service occurring after June 30, 1996; and [PL 1999, c. 353, §14 (AMD).] C. In addition to any other requirements applicable to specific categories of health care facilities, the organization may require the filing of data as set forth in this chapter or in rules adopted pursuant to this chapter. [PL 1999, c. 353, §14 (AMD).] [PL 1999, c. 353, §14 (AMD).]

2. Additional information on ambulatory services and surgery. Pursuant to rules adopted by the board for form, medium, content and time for filing, each provider shall file with the organization a completed data set, comparable to data filed by health care facilities under subsection 1, paragraph B . This subsection may not be construed to require duplication of information required to be filed under subsection 1 . [PL 2001, c. 457, §16 (AMD).]

3. More than one licensed health care facility or location. When more than one licensed health care facility is operated by the reporting organization, the information required by this chapter must be reported for each health care facility separately. When a provider of health care operates in more than one location, the organization may require that information be reported separately for each location. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

4. Data lists. [PL 2001, c. 457, §17 (RP).]

5. Medical record abstract data. In addition to the information required to be filed under subsections 1 and 2 and pursuant to rules adopted by the organization for form, medium, content and time of filing, each health care facility shall file with the organization such medical record abstract data as the organization may require. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

6. Merged data. The board may require the discharge data submitted pursuant to subsection 1 and any medical record abstract data required pursuant to subsection 5 to be merged with associated billing data. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

6-A. Additional data. Subject to the limitations of section 8704, subsection 1 , the board may adopt rules requiring the filing of additional clinical data from other providers and payors as long as the submission of data to the organization is consistent with federal law. Data filed by payors must be provided in a format that does not directly identify the patient. [PL 2007, c. 136, §6 (AMD).]

7. Authority to obtain information. Nothing in this section may be construed to limit the board's authority to obtain information that it considers necessary to carry out its duties. The board shall adopt rules regarding the definition, collection, use and release of clinical data before collecting any type of clinical data that it did not collect as of March 1, 2014. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 528, §9 (AMD).]
22 M.R.S. § 1710 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1710
22 §1710. Deferred revenue payments
Status: in_force

The Department of Health and Human Services may make a payment to each general hospital in the State which is certified for participation in the Medical Assistance Program under Title 19 of the Social Security Act, not to exceed the average amount paid to that hospital by the department during a 30-day period in the next preceding fiscal year. Such payment shall constitute a deferred revenue obligation for the hospital. Any unliquidated balance of such obligation shall be repaid to the department upon demand. [PL 1973, c. 175 (NEW); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 4255 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4255
22 §4255. Assessments - Article 5 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 22, §4264, sub-§2)

1. Request for assessment. Prior to sending, bringing or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state. [PL 2007, c. 255, §6 (NEW).]

2. Sent; brought into receiving state. Prior to the sending, bringing or causing a child to be sent or brought into a receiving state, the private child placing agency shall: A. Provide evidence that the applicable laws of the sending state have been complied with; [PL 2007, c. 255, §6 (NEW).] B. Certify that the consent or relinquishment is in compliance with applicable law of the birth parent's state of residence or, where permitted, the laws of the state of where the finalization of the adoption will occur; [PL 2007, c. 255, §6 (NEW).] C. Request through the public child placing agency in the sending state an assessment to be conducted in the receiving state; and [PL 2007, c. 255, §6 (NEW).] D. Upon completion of the assessment, obtain the approval of the public child placing agency in the receiving state. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Procedures for assessment. The procedures for making and requesting an assessment must contain all information and be in such form as provided for in the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

4. Proposed placement. Upon receipt of a request from the public child welfare agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination of whether the placement qualifies as a provisional placement. [PL 2007, c. 255, §6 (NEW).]

5. Supporting information. The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and is entitled to receive, supporting or additional information necessary to complete the assessment. [PL 2007, c. 255, §6 (NEW).]

6. Completion of assessment. The public child placing agency in the receiving state shall complete or arrange for the completion of the assessment within the time frames established by the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

7. Uniform standards. The interstate commission may develop uniform standards for the assessment of the safety and suitability of interstate placements. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 3953 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3953
22 §3953. Emergency removal or placement of Indian child; termination; appropriate action
Status: in_force

This Act does not prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from their parent or Indian custodian or the emergency placement of an Indian child in a foster home or institution, under the laws of this State, in order to prevent imminent physical damage or harm to the Indian child. [PL 2023, c. 359, §5 (NEW).]

1. Termination. An emergency removal or placement of an Indian child in an emergency proceeding must terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. An emergency removal or placement of an Indian child may be terminated by, but is not necessarily terminated by, one of the following actions: A. Initiation of an Indian child custody proceeding subject to the provisions of this Act; [RR 2023, c. 1, Pt. A, §16 (COR).] B. Transfer of the Indian child to the jurisdiction of the appropriate Indian tribe; or [PL 2023, c. 359, §5 (NEW).] C. Restoration of the Indian child to the parent or Indian custodian. [PL 2023, c. 359, §5 (NEW).] [RR 2023, c. 1, Pt. A, §16 (COR).]

2. Procedure applicable to emergency proceedings. In any emergency proceeding in District Court or Probate Court, the court shall: A. Make a finding on the record, supported by clear and convincing evidence, that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the Indian child; [PL 2023, c. 359, §5 (NEW).] B. Promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended; and [PL 2023, c. 359, §5 (NEW).] C. At any court hearing during the emergency proceeding, determine whether there is clear and convincing evidence demonstrating that the emergency removal or placement remains necessary to prevent imminent physical damage or harm to the Indian child and, if not, immediately terminate or ensure that the petitioning party immediately terminates the emergency proceeding. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 4099-L — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-L
22 §4099-L. Duties of the investigation team
Status: in_force

The duties of the investigation team include, but are not limited to, the following. [PL 2023, c. 248, §4 (NEW).]

1. Receive reports of alleged abuse or neglect. The investigation team shall receive reports of alleged out-of-home abuse or neglect under circumstances set out in this subchapter. When the investigation team receives a report that alleges abuse or neglect in facilities or by persons not licensed or subject to inspection by the department, the investigation team shall immediately refer the report to the agency or department charged with the responsibility to investigate the report. [PL 2023, c. 248, §4 (NEW).]

2. Investigate. The investigation team shall investigate reported out-of-home abuse or neglect. A. The investigation team shall complete an investigation within 90 days from the date on which the investigation was initiated, except in circumstances when the information necessary to complete the investigation is unavailable to the investigation team. [PL 2023, c. 248, §4 (NEW).] B. The investigation team's investigation of a report with a high severity allegation with respect to a child in a residential care facility must be initiated within 3 business days of the date of the receipt of the report. If the investigation team cannot initiate its investigation within 3 business days, the investigation team shall request a safety plan from the facility. [PL 2023, c. 248, §4 (NEW).] C. To minimize redundant department investigations in response to the same or related allegations of out-of-home abuse or neglect, the investigation team shall conduct a single investigation sufficient to determine whether abuse or neglect occurred and whether a licensing violation has occurred. The investigation team shall coordinate and consult with the department entity that performs general licensing functions. [PL 2023, c. 248, §4 (NEW).] D. The investigation team shall refer allegations of criminal activity to the office of the district attorney or the Office of the Attorney General when appropriate and shall coordinate its investigation with the office to which allegations are referred to minimize trauma to the child or children involved. [PL 2023, c. 248, §4 (NEW).] E. The investigation team’s investigation of a suspicious child death is subject to and may not interfere with the authority and responsibility of the Office of the Attorney General to investigate and prosecute homicides pursuant to Title 5, section 200‑A . [PL 2023, c. 248, §4 (NEW).] F. The investigation team shall conduct interviews as needed to investigate allegations and determine if abuse or neglect has occurred. (1) The investigation team shall conduct interviews of a child involved in the alleged abuse or neglect in a manner that is in the child's best interest. (2) The investigation team shall notify the parent, guardian or custodian of a child prior to initiating an interview of the child except under circumstances in which prior notification is not in the child’s best interest. (3) The investigation team shall conduct an interview of a child without prior notification in accordance with section 4021, subsection 3 and rules adopted pursuant to this subchapter. [PL 2023, c. 248, §4 (NEW).] G. The investigation team, to the extent possible, shall record interviews in accordance with applicable rules adopted by the department and pursuant to section 4021 . (1) Information collected in an interview that was not recorded may not be excluded from use in court proceedings solely because the interview was not recorded. (2) A person being questioned or interviewed under this subchapter may not be prohibited from recording the questioning or interview. [PL 2023, c. 248, §4 (NEW).] H. Notwithstanding Title 20‑A, section 6101, subsection 2 , when the investigation team is conducting an investigation of a person at the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf who is subject to licensure by the Department of Education, the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and the Department of Education shall disclose the following information to the investigation team: (1) Background checks related to the person; (2) The person's credentials; (3) Any conduct on the part of the person related to the allegation; and (4) Any action taken by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf or the Department of Education in response to conduct of any person at the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that is similar to the allegation. [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]

3. Investigative powers of commissioner. The following are investigative powers of the commissioner. A. The commissioner or the commissioner's designee may issue a subpoena requiring a person to disclose or provide to the department information or records in that person's possession that are necessary and relevant to an investigation of a report of suspected out-of-home abuse or neglect. (1) The department may apply to the District Court to enforce a subpoena. (2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department. (3) Information or records obtained by subpoena must be treated in accordance with section 7703 . [PL 2023, c. 248, §4 (NEW).] B. The commissioner may obtain confidential criminal history record information and other criminal history record information under Title 16, chapter 7 that the commissioner considers relevant to an investigation of out-of-home abuse or neglect. [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]

4. Determination of harm. The investigation team shall determine whether or not a child has been harmed, in which case the investigation team shall determine the degree of harm or threatened harm by a person responsible for the child. In the case of a suspicious child death, the investigation team shall determine: A. Whether abuse or neglect was a cause or factor contributing to the child's death; and [PL 2023, c. 248, §4 (NEW).] B. The degree of threatened harm to any other child for whom the person or persons responsible for the deceased child may be responsible now or in the future. [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]

5. Issue a decision. The investigation team shall issue a written decision that an allegation of abuse or neglect is unsubstantiated, indicated or substantiated. Each allegation of abuse or neglect must be considered separately. The written decision must include at least the following: A. The factors supporting an indicated or substantiated decision; [PL 2023, c. 248, §4 (NEW).] B. The identity of the person or persons responsible in the case of an indicated or substantiated decision; and [PL 2023, c. 248, §4 (NEW).] C. The person’s right to appeal the department’s indicated or substantiated decision pursuant to paragraph B . [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]
22 M.R.S. § 4099-O — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-O
22 §4099-O. Records; confidentiality; disclosure
Status: in_force

Notwithstanding section 4008 , records that are made, acquired or retained by the department in connection with its responsibilities under this subchapter are subject to the provisions set out in section 7703 and the following provisions. [PL 2023, c. 248, §4 (NEW).]

1. Disclosure; reports of abuse or neglect. The department may disclose, upon the conclusion of an investigation under this subchapter, a statement indicating whether or not a report of out-of-home abuse or neglect has been received, the nature of the alleged abuse or neglect and the conclusion reached by the investigation team. [PL 2023, c. 248, §4 (NEW).]

2. Notification of parent, guardian or custodian of child reported to be abused. When a report is received of out-of-home abuse or neglect in a facility or program described in section 4099‑N , the investigation team may notify the child's parent, guardian or custodian that it has been reported that the child has been allegedly abused or neglected, whether an investigation is being conducted and, upon conclusion of the investigation, whether the investigation team determined that the allegations are supported or not supported. [PL 2023, c. 248, §4 (NEW).]

3. Notification of parents, guardians or custodians of other children in facility. When a report is received of out-of-home abuse or neglect in a facility or program described in section 4099‑N , the investigation team, upon conclusion of the investigation, may notify a parent, guardian or custodian who has a child in the program or facility for whom there is no report of abuse or neglect whether the investigation team determined that a violation of law or rules adopted by the department has occurred. [PL 2023, c. 248, §4 (NEW).]

4. Disclosure to facility or program. The investigation team shall notify a facility or program described in section 4099‑N when there is an indicated or substantiated finding of out-of-home abuse or neglect against an employee of the facility or program. [PL 2023, c. 248, §4 (NEW).]

5. Disclosure of investigation. The department may publish information regarding an investigation conducted pursuant to this subchapter on the department's publicly accessible website upon the conclusion of an investigation in accordance with rules adopted by the department. [PL 2023, c. 248, §4 (NEW).]

6. Disclosure to schools. The investigation team may notify the superintendent of a school administrative unit, the chief administrator of a public school not in a school administrative unit or the chief administrator of a private school when there is an indicated or substantiated finding of out-of-home abuse or neglect against an employee of that school administrative unit, public school not in a school administrative unit or private school. For the purposes of this subsection, "school administrative unit" has the same meaning as in Title 20‑A, section 1, subsection 26 . [PL 2025, c. 362, §3 (NEW).]
22 M.R.S. § 1781 — ME Code / Title 22 / Subtitle 2 / Chapter 404 / Section 1781
22 §1781. License; visitation; penalty
Status: in_force

The Department of Health and Human Services may license any suitable person to establish and keep a private hospital or private house for the reception and treatment of patients who are mentally deranged. The hospital or private house shall be subject to visitation by the department or any member thereof. [PL 1983, c. 459, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

Whoever establishes or keeps the private hospital or private house without a license, or after revocation or during suspension of the license, shall be fined not more than $500. [PL 1983, c. 459, §2 (NEW).]
22 M.R.S. § 2160 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2160
22 §2160. Notice
Status: in_force

Nothing in this subchapter shall be construed as requiring the Commissioner of Agriculture, Conservation and Forestry to report for the institution of proceedings under said subchapter minor violations of said subchapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
22 M.R.S. § 4036 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4036
22 §4036. Disposition and principles
Status: in_force

1. Disposition. In a protection order, the court may order one or more of the following: A. No change in custody; [PL 1979, c. 733, §18 (NEW).] B. Departmental supervision of the child and family in the child's home; [PL 1979, c. 733, §18 (NEW).] C. That the child, the custodians, the parents and other appropriate family members accept treatment or services to ameliorate the circumstances related to the jeopardy; [PL 1979, c. 733, §18 (NEW).] D. Necessary emergency medical treatment for the child when the custodians are unwilling or unable to consent; [PL 1979, c. 733, §18 (NEW).] E. Emancipation of the child, if the requirements of Title 15, section 3506‑A are met; [PL 1983, c. 480, Pt. B, §27 (AMD).] F. Removal of the child from the child's custodian and granting custody to a noncustodial parent, other person or the department; [RR 2021, c. 2, Pt. B, §189 (COR).] F-1. Removal of the perpetrator from the child's home, prohibiting direct or indirect contact with the child by the perpetrator and prohibiting other specific acts by the perpetrator which the court finds may threaten the child; [PL 1985, c. 164 (NEW).] F-2. Visitation between the child and a sibling pursuant to section 4068 ; [PL 2005, c. 526, §1 (NEW).] G. Payment by the parents of a reasonable amount of support for the child as determined or modified according to Title 19‑A, chapter 63 ; [PL 1995, c. 694, Pt. D, §42 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).] G-1. [PL 1997, c. 715, Pt. A, §10 (RP).] G-2. If the court's jeopardy order includes a finding of an aggravating factor, the court may order the department to cease reunification, in which case a permanency planning hearing must commence within 30 days of the order to cease reunification. [PL 1997, c. 715, Pt. A, §11 (NEW).] H. Other specific conditions governing custody; or [PL 1995, c. 405, §22 (AMD).] I. The court may not order and the State may not pay for the defendant to attend a domestic violence intervention program unless the program is certified under Title 19‑A, section 4116 . [PL 2021, c. 647, Pt. B, §51 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] [RR 2021, c. 2, Pt. B, §189 (COR).]

1-A. Parental rights and responsibilities orders. Upon request of a parent, the court may enter an order awarding parental rights and responsibilities pursuant to Title 19‑A, section 1653 if the court determines that the order will protect the child from jeopardy and is in the child’s best interest as defined in Title 19‑A, section 1653, subsection 3 . The court shall ensure that proper notice was given that the child protective case may be disposed of through an order awarding parental rights and responsibilities upon request of a parent. If the court enters an order pursuant to this subsection: A. The court shall direct the clerk to open a family matters case on behalf of the parties and require the case to be appropriately docketed without a separate initial filing by the parties. The court shall require the parties to complete the income affidavits, child support worksheets and supporting documentation as required in Title 19‑A, chapter 63 . The court shall enter the order awarding parental rights and responsibilities pursuant to Title 19‑A, section 1653 ; [PL 2013, c. 294, §1 (AMD).] A-1. The order awarding parental rights and responsibilities may not include reference to or discussion of the child protective case, although the court may identify any jeopardy that remains as a finding of fact. Child protective case documents are confidential, and the court shall seal and keep confidential any documents from the child protective case that are made a part of the record of the family matters case opened under paragraph A ; [PL 2013, c. 294, §1 (NEW).] B. The order awarding parental rights and responsibilities is subject to modification or termination in the same manner as other orders entered pursuant to Title 19‑A, section 1653 ; [PL 2013, c. 294, §1 (AMD).] C. Any person who requests a modification or termination of the order awarding parental rights and responsibilities must serve the department with the motion or petition; [PL 2013, c. 294, §1 (AMD).] D. The department is not a party to proceedings to modify or terminate the order awarding parental rights and responsibilities unless otherwise ordered by the court; [PL 2013, c. 294, §1 (AMD).] D-1. The court may either: (1) Immediately dismiss the child protection action; or (2) Enter a provisional order awarding parental rights and responsibilities and, after the passage of a period set by the court not to exceed 6 months, the child protection action must be dismissed, with the order awarding parental rights and responsibilities becoming permanent, unless there is good cause shown in writing to continue the child protection action; and [PL 2013, c. 294, §1 (NEW).] E. [PL 2013, c. 294, §1 (RP).] F. When a provisional order awarding parental rights and responsibilities is entered under paragraph D‑1 , subparagraph (2), the court may terminate the appointments of the guardian ad litem and attorneys for parents and guardians. When the child protection action is dismissed under paragraph D‑1 , subparagraph (1) or (2), the court shall terminate the appointments of the guardian ad litem and attorneys for parents and guardians. After the appointments are terminated, the attorneys and guardian ad litem have no further responsibilities to their clients or the court. [PL 2013, c. 294, §1 (AMD).] [PL 2013, c. 294, §1 (AMD).]

2. Principles. In determining the disposition, the court shall apply the following principles in this priority: A. Protect the child from jeopardy to the child's health or welfare; [RR 2021, c. 2, Pt. B, §190 (COR).] B. Give custody to a parent if appropriate conditions can be applied; [PL 1979, c. 733, §18 (NEW).] C. Make disposition in the best interests of the child; and [PL 1979, c. 733, §18 (NEW).] D. Terminate department custody at the earliest possible time. [PL 1979, c. 733, §18 (NEW).] [RR 2021, c. 2, Pt. B, §190 (COR).]

2-A. Determination of parentage. In a protection order or in a judicial review order, the court may determine the parentage of the child. The court's determination of the child's parentage must be made pursuant to Title 19‑A, chapter 61 and has the same legal effect as a determination of parentage made pursuant to that chapter. [PL 2015, c. 296, Pt. C, §29 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

3. Time of order. The order may be for a specified period, with a review at the end of that period, or it may be for an indeterminate period, not beyond age 18. [PL 1979, c. 733, §18 (NEW).]

4. Disposition of child in custody of department. The court may not order that a child who has been ordered into the custody of the department be placed with a parent. Nothing in this subsection prevents the department from placing a child in its custody in the home of a parent for a trial period. [PL 1985, c. 739, §10 (NEW).]

5. Notice of criminal penalties. If an order is issued under this section that contains a provision subject to criminal penalties under section 4036‑A , the order must indicate in a clear and conspicuous manner the potential consequences of violating the order. [PL 1993, c. 443, §1 (NEW).]
22 M.R.S. § 1814 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1814
22 §1814. Application
Status: in_force

Any person, partnership, association or corporation, including state, county or local governmental units, desiring a license shall file with the department a verified application containing the name of the applicant desiring the license; whether the persons so applying are at least 18 years of age; the type of institution to be operated; the location; the name of the person in charge. Application on behalf of a corporation or association or governmental units shall be made by any 2 officers thereof or by its managing agents. All applicants shall submit satisfactory evidence of their ability to comply with the minimum standards of this chapter and all regulations adopted thereunder. [PL 1989, c. 136, §3 (AMD).]
22 M.R.S. § 1705 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1705
22 §1705. Individuals may select own physician
Status: in_force

This Title may not be construed to empower or authorize the department or its representative to interfere in any manner with the right of an individual to select the physician or mode of treatment of the individual's choice, as long as sanitary laws, rules and regulations are complied with. [RR 2021, c. 2, Pt. B, §105 (COR).]
22 M.R.S. § 3769 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769
22 §3769. Disbursements
Status: in_force

1. Payment priority. Payments made on behalf of the department for TANF assistance, the Parents as Scholars Program under chapter 1054‑B and for foster care have priority over other payments and must be made without delay whether or not they are pursuant to a state plan or contract. The department shall cooperate with other state agencies to accomplish priority payments. [PL 1997, c. 530, Pt. A, §16 (NEW).]

2. Transfer of funds. [PL 2007, c. 282, §2 (RP).]

3. Balances of funds not to lapse. Any balances of funds appropriated for TANF or ASPIRE-TANF may not lapse but must be carried forward from year to year to be expended for the same purposes. [PL 2009, c. 571, Pt. XX, §1 (NEW).]
22 M.R.S. § 8204 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8204
22 §8204. Individuals placing children for adoption
Status: in_force

1. License required. An individual who operates a child placing agency is subject to the licensing requirements of the department, as specified under this chapter and under chapter 1663 . An individual who advertises or claims to perform the service of placing or finding homes for children for the purpose of adoption is deemed to operate a child placing agency. [PL 2023, c. 405, Pt. A, §79 (AMD).]

2. License not required. An individual who does not advertise or claim to perform the service of placing or finding homes for children for the purpose of adoption, but who places or assists in placing a child for adoption, is not considered to operate a child placing agency and is not subject to the licensing requirements of the department, as specified under this chapter and under chapter 1663 . [PL 2023, c. 405, Pt. A, §80 (AMD).]

3. Fees; violation and penalty. No individual who places or assists in placing a child for adoption shall charge a fee which represents more than the reasonable costs of the services provided. Violation of this subsection shall be a Class D crime. [PL 1977, c. 515, §3 (NEW).]
22 M.R.S. § 1562 — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1562
22 §1562. Depositing of dead animal where nuisance
Status: in_force

Whoever personally or through the agency of another leaves or deposits the carcass of a dead horse, cow, sheep, hog or of any domestic animals or domestic fowl or parts thereof in any place where it may cause a nuisance shall, upon receiving a notice to that effect from the local health officer, promptly remove, bury or otherwise dispose of such carcass. If the person fails to do so within such time as may be prescribed by the local health officer, and in such manner as may be satisfactory to the health officer, the person must be punished by a fine of not less than $10 nor more than $100 or by imprisonment for not more than 3 months. [RR 2021, c. 2, Pt. B, §94 (COR).]
22 M.R.S. § 3281 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3281
22 §3281. Civil rights
Status: in_force

The state supplemental income program shall be conducted in accordance with Title VI of the Civil Rights Act, as amended. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 4307 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4307
22 §4307. Municipality of responsibility; residency
Status: in_force

1. General assistance required. Municipalities shall provide general assistance to all eligible persons at the expense of that municipality, except as provided in section 4311 . A municipality may not move or transport a person into another municipality to avoid responsibility for general assistance support for that person. A municipality that illegally moves or transports a person, or illegally denies assistance to a person that results in that person's relocation, in addition to the other penalties provided in this chapter, shall reimburse twice the amount of assistance to the municipality that provided the assistance to that person. That reimbursement must be made in accordance with subsection 5 . A. [PL 1987, c. 349, Pt. H, §15 (RP).] B. [PL 1987, c. 349, Pt. H, §15 (RP).] [RR 2021, c. 2, Pt. B, §198 (COR).]

2. Municipality of responsibility. Except as provided in subsection 4 , a municipality is responsible for the general assistance support of the following individuals: A. A resident of the municipality. For the purposes of this section, a "resident" means a person who is physically present in a municipality with the intention of remaining in that municipality to maintain or establish a home and who has no other residence; and [PL 1987, c. 349, Pt. H, §15 (NEW).] B. Eligible persons who apply to the municipality for assistance and who are not residents of that or any other municipality. If a person is not a resident of any municipality, the municipality where that person first applies shall be responsible for support until a new residence is established. [PL 1987, c. 349, Pt. H, §15 (NEW).] [PL 1987, c. 349, Pt. H, §15 (RPR).]

3. Durational residency requirement prohibited. No municipality may establish a durational residency requirement for general assistance. [PL 1987, c. 349, Pt. H, §15 (RPR).]

4. Special circumstances. Overseers of a municipality may not move or transport an applicant or recipient into another municipality to relieve their municipality of responsibility for that applicant's or recipient's support. The municipality of responsibility for relocations and institutional settings is as follows. A. When an applicant or recipient requests relocation to another municipality and the overseers of a municipality assist that person to relocate to another municipality, the municipality from which that person is moving continues to be responsible for the support of the recipient, including processing applications and determining eligibility for assistance, unless otherwise agreed upon by the affected municipalities, for 6 months after relocation. As used in this paragraph, "assist" includes: (1) Granting financial assistance to relocate; and (2) Making arrangements for a person to relocate. [PL 2023, c. 575, §4 (AMD).] B. If an applicant is in a group home, shelter, rehabilitation center, nursing home, hospital or other institution at the time of application and has either been in that institution for 12 months or less or had a residence immediately prior to entering the institution that the applicant had maintained and to which the applicant intends to return, the municipality of responsibility is the municipality where the applicant was a resident immediately prior to entering the institution and that municipality continues to be responsible for the support of the recipient, including processing applications and determining eligibility for assistance, unless otherwise agreed upon by the affected municipalities. For the purpose of this paragraph, a hotel, motel or similar place of temporary lodging is considered an institution when a municipality: (1) Grants financial assistance for a person to move to or stay in temporary lodging; (2) Makes arrangements for a person to stay in temporary lodging; (3) Advises or encourages a person to stay in temporary lodging; or (4) Illegally denies housing assistance and, as a result of that denial, the person stays in temporary lodging. [PL 2023, c. 575, §4 (AMD).] C. [PL 2017, c. 130, §1 (RP).] [PL 2023, c. 575, §4 (AMD).]

5. Disputes between municipalities. Nothing in this section may permit a municipality to deny assistance to an otherwise eligible applicant when there is any dispute regarding residency. In cases of dispute regarding which municipality is the municipality of responsibility, the municipality where the application has been filed shall provide support until responsibility has been determined by the department. The department shall make a written determination within 30 working days of a complaint or notification of a dispute. The department's decision must include the sources of information relied upon, findings of fact and conclusions of law regarding which municipality is responsible and the reimbursement due, if any, from the responsible municipality to the municipality providing assistance. If after 30 days the reimbursement has not been paid, the municipality to which reimbursement is due shall notify the department, the department shall credit the municipality owed the reimbursement and either deduct that amount from the debtor municipality or refer the bill to the Treasurer of State for payment from any taxes, revenue, fines or fees due from the State to the municipality. [RR 2009, c. 2, §59 (COR).]

6. Appeals. Any municipality or person who is aggrieved by any decision or action made by the department pursuant to this section shall have the right to appeal pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 . A request for that appeal shall be in writing and shall be made within 30 days of the written department decision. The appeal shall be held within 30 days of receipt of that request and shall be conducted by one or more fair hearing officers. In no event may an appeal be held before a person or body responsible for the decision or action. Review of any decision under this subsection shall be pursuant to the Maine Rules of Civil Procedure, Rule 80C. [PL 1987, c. 349, Pt. H, §15 (NEW).]
22 M.R.S. § 3174-MMM — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-MMM
22 §3174-MMM. Coverage for gender-affirming care (REALLOCATED FROM TITLE 22, SECTION 3174-KKK)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-KKK)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Gender expression" means an individual's gender-related appearance and behavior, whether or not stereotypically associated with the sex assigned to the individual at birth. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).] B. "Gender identity" means an individual's internal sense of that individual's gender, regardless of the sex assigned to the individual at birth. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).] C. "Transgender individual" means an individual who identifies as a gender different from the sex assigned to the individual at birth. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).] [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]

2. Reimbursement. The department shall provide reimbursement for medically necessary treatment for or related to gender dysphoria as defined by the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, published by the American Psychiatric Association or a comparable or equivalent diagnosis. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]

3. Discrimination prohibited. The department may not discriminate in its reimbursement of medically necessary treatment on the basis of a MaineCare member's gender identity or gender expression or on the basis that the MaineCare member is a transgender individual. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
22 M.R.S. § 1532 — ME Code / Title 22 / Subtitle 2 / Chapter 261-A / Section 1532
22 §1532. Detection of serious conditions
Status: in_force

The department shall require hospitals, birthing centers and other birthing services to test newborn infants, or to cause them to be tested, by means of blood spot screening for the presence of treatable congenital, genetic or metabolic conditions that may be expected to result in subsequent cognitive disabilities, serious illness or death and by means of appropriate technology for the presence of critical congenital heart disease. [PL 2013, c. 397, §1 (NEW).]

1. Define requirement and methods; assistance. The department shall define the requirement under this section that a newborn infant must be tested for the presence of treatable congenital, genetic or metabolic conditions that may be expected to result in subsequent cognitive disabilities and the approved testing methods, materials, procedures and sequences. Reports and records of those making these tests may be required to be submitted to the department in accordance with departmental rules. The department may, on request, offer consultation, training and evaluation services to those testing facilities. [PL 2013, c. 397, §1 (NEW).]

2. Referrals. The department shall in a timely fashion refer newborn infants with confirmed treatable congenital, genetic or metabolic conditions or critical congenital heart disease to the Child Development Services System as defined in Title 20‑A, section 7001, subsection 1‑A . The department shall in a timely fashion refer a newborn infant to the Child Development Services System if at least 6 months have passed since an initial positive test result of a treatable congenital, genetic or metabolic condition without the specific nature of the condition having been confirmed. The department and the Department of Education shall execute an interagency agreement to facilitate all referrals made pursuant to this section. In accordance with the interagency agreement, the Department of Education shall offer a single point of contact for the Department of Health and Human Services to use in making referrals. Also in accordance with the interagency agreement, the Child Development Services System may make direct contact with the families who are referred. The referrals may be made electronically. For purposes of quality assurance and improvement, the Child Development Services System shall supply aggregate data to the department at least annually on the numbers of children referred to the Child Development Services System under this section who were found eligible and ineligible for early intervention services. The department shall supply data at least annually to the Child Development Services System on how many children in the newborn blood spot screening program as established by rule of the department under section 1533, subsection 2, paragraph G were screened and how many were found to have a disorder. [PL 2013, c. 397, §1 (NEW).]

3. Religious objection exemption. The requirement under this section that a newborn infant must be tested for the presence of treatable congenital, genetic or metabolic conditions that may be expected to result in subsequent cognitive disabilities or for the presence of critical congenital heart disease does not apply to a child if the parents of that child object on the grounds that the test conflicts with their religious tenets and practices. [PL 2013, c. 397, §1 (NEW).]

4. Report. A hospital, birthing center or other birthing service that tests a newborn infant pursuant to this section shall report to the department aggregate data on the testing, including but not limited to the number of infants born, the number tested for treatable congenital, genetic or metabolic conditions, the number screened for critical congenital heart disease, the results of the screening and testing and, for heart disease screening the type of screening tool used. [PL 2013, c. 397, §1 (NEW).]
22 M.R.S. § 1061 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1061
22 §1061. Definitions
Status: in_force

1. Clinic. "Clinic," as used in this subchapter, shall mean any place, establishment or institution which operates for the purpose of dispensing immunizing agents to persons who are not confined in that place. [PL 1977, c. 304, §2 (NEW).]

2. Immunizing agent. "Immunizing agent" means a vaccine, antitoxin or other substance used to increase an individual's immunity to a disease. [PL 1977, c. 304, §2 (NEW).]
22 M.R.S. § 2081 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2081
22 §2081. Short title
Status: in_force

This chapter may be known and cited as the "Health Care Practitioner Self-referral Act." [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 4051 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4051
22 §4051. Venue
Status: in_force

A petition for termination of parental rights must be brought in the court that issued the final protection order. The court, for the convenience of the parties or other good cause, may transfer the petition to another district or division. A petition for termination of parental rights may also be brought in a Probate Court as part of an adoption proceeding as provided in Title 18‑C, Article 9 , when a child protective proceeding has not been initiated. [PL 2017, c. 402, Pt. C, §68 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 1313 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1313
22 §1313. Procedures for the transportation, quarantine, euthanasia and testing of animals suspected of having rabies
Status: in_force

1. Establishment of procedures. The commissioner, in consultation with the Commissioner of Agriculture, Conservation and Forestry and the Commissioner of Inland Fisheries and Wildlife, shall adopt rules, in accordance with the Maine Administrative Procedure Act, establishing procedures for responding to a report of an animal suspected of having rabies. The procedures must include provisions for the transportation, quarantine, euthanasia and testing of an animal suspected of having rabies and, when that animal has bitten a person, provisions for the notification of the animal control officer in the locality where the bite occurred. The procedures may differ based on the perceived public health threat determined in part by consideration of the following factors: A. Whether the animal is a domesticated animal for which a known effective vaccine exists and, if so, whether the animal's vaccination status can be verified; [PL 2007, c. 133, §1 (AMD).] B. Whether the animal has bitten a person or exhibited other aggressive behavior; and [PL 2007, c. 133, §1 (AMD).] C. Whether the animal is a wolf hybrid that has bitten or may have otherwise exposed a person or a domesticated animal to rabies. [PL 2007, c. 133, §1 (NEW).] [PL 2007, c. 133, §1 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

2. Role of animal control officer; game warden. An animal control officer appointed in accordance with Title 7, section 3947 receiving a report of an animal suspected of having rabies shall ensure that the procedures established pursuant to this section and sections 1313‑A and 1313‑B are carried out. If the animal is an undomesticated animal, other than a wolf hybrid, a game warden shall assist the animal control officer. [PL 2007, c. 133, §1 (AMD).]

3. Costs associated with transportation, quarantine, testing and euthanasia. The Department of Inland Fisheries and Wildlife shall provide for or pay all necessary costs for transportation and euthanasia of an undomesticated animal suspected of having rabies. The owner of a domesticated animal or a wolf hybrid suspected of having rabies shall pay all costs for transportation, quarantine, euthanasia and testing of the animal. If a domesticated animal or a wolf hybrid is a stray or the owner is unknown, the municipality in which the animal was apprehended is responsible for transportation, quarantine, euthanasia and testing costs. Cost of testing animals judged by the department to have created a public health risk of rabies must be borne by the department through its General Fund appropriations. [PL 2007, c. 133, §1 (AMD).]
22 M.R.S. § 13-A — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 13-A
22 §13-A. MaineCare program integrity recovery audit contractor agreement
Status: in_force

Notwithstanding any other provision of law to the contrary, the provisions of this section apply to MaineCare program integrity recovery audit contracting. The department may enter into an agreement with a recovery audit contractor for the purpose of ensuring MaineCare program integrity, specifically to identify and reimburse to correct underpayments and to identify and recoup overpayments under the Medicaid state plan and under any waiver of the state plan. An agreement entered into under this section must provide that payment to the contractor may be made only from amounts recovered and that payments for identifying underpayments and collecting overpayments must be made on a contingent fee basis. After payments to correct underpayments and payment of any contingent fees due to the contractor, the proceeds of collections from overpayments must be deposited into the Medical Care - Payments to Providers program, Other Special Revenue Funds account in the Department of Health and Human Services for the purpose of providing state match under the federal Medicaid program. [PL 2011, c. 593, §1 (NEW).]
22 M.R.S. § 3821 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3821
22 §3821. Employee protected
Status: in_force

An employer may not discharge, refuse to hire, discipline or otherwise discriminate against an employee because of action by the department under this chapter. An employer who violates this section is subject to a fine of up to $5,000 payable to the State to be recovered in a civil action. The employer is also subject to an action by the employee for compensatory and punitive damages, plus attorney's fees and court costs. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 4054 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4054
22 §4054. Hearing on termination petition
Status: in_force

The court shall hold a hearing prior to making a termination order. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 2429-D — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2429-D
22 §2429-D. Local regulation
Status: in_force

Pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001 , a municipality may regulate registered caregivers, caregiver retail stores operating pursuant to section 2423‑A, subsection 2, paragraph P , registered dispensaries, cannabis testing facilities and manufacturing facilities. [PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]

A municipality may not: [PL 2017, c. 452, §18 (NEW).]

1. Registered caregivers. Prohibit or limit the number of registered caregivers; [PL 2017, c. 452, §18 (NEW).]

2. Stores, dispensaries, testing and manufacturing facilities. Prohibit caregiver retail stores, registered dispensaries, cannabis testing facilities and manufacturing facilities that are operating with municipal approval in the municipality prior to the effective date of this section. For purposes of this subsection, "municipal approval" means an examination and approval of the store, dispensary or facility for the use of the premises consistent with conduct authorized under this chapter, including, but not limited to, a conditional use approval or site plan approval. "Municipal approval" does not include issuance of a building, electrical or other similar permit or authorization that does not address the use of the structure or facility for which the permit or authorization is issued; or [PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]

3. Municipal authorization needed. Authorize caregiver retail stores, registered dispensaries, cannabis testing facilities and manufacturing facilities that are not operating on the effective date of this section to operate in the municipality unless the municipal legislative body, as defined in Title 30‑A, section 2001, subsection 9 , has voted to adopt or amend an ordinance or approve a warrant article allowing caregiver retail stores, registered dispensaries, cannabis testing facilities or manufacturing facilities, as applicable, to operate within the municipality. [PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 6208 — ME Code / Title 22 / Subtitle 4 / Chapter 1505 / Section 6208
22 §6208. Report
Status: in_force

A report of services provided pursuant to this chapter shall be included in the annual Maine Social Services Report. [PL 1989, c. 347, §11 (RPR).]
22 M.R.S. § 4304 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4304
22 §4304. General assistance offices
Status: in_force

1. Local office. There must be in each municipality a general assistance office or designated place where any person may obtain an application for general assistance during the municipality's regular business hours. A municipality shall designate the daily hours when an application for general assistance will be accepted and processed. These designated hours may not total less than 50% of the municipality's regular business hours. At all times the local office or designated place must display in a prominent location a posted notice that includes the following information: A. The regular business hours when an application may be obtained; [PL 2025, c. 149, §1 (NEW).] B. The daily business hours when an application may be accepted and processed; [PL 2025, c. 149, §1 (NEW).] C. The name of the overseer available to take applications in an emergency at all times, including times outside the daily business hours under paragraph B; [PL 2025, c. 149, §1 (NEW).] D. The fact that the municipality must issue a written decision on all applications within 24 hours; and [PL 2025, c. 149, §1 (NEW).] E. The department's toll-free telephone number for reporting alleged violations in accordance with section 4321. [PL 2025, c. 149, §1 (NEW).] [PL 2025, c. 149, §1 (AMD).]

2. District office. In situations where in the judgment of a municipality the number of applicants does not justify the establishment of a local office or designated place, or where for other reasons a local office or designated place is not necessary, 2 or more municipalities, by a vote of their respective legislative bodies, may establish a district office for the administration of general assistance and make agreements as to the payment of expenses and any other matters relevant to the operation of the office. Any district office established pursuant to this subsection shall be located so as to be accessible by a toll-free telephone call from any part of every municipality it is designated to serve. Every district general assistance officer shall be available for the taking of applications at least 35 hours each week and shall make provision for designated personnel to be available to take applications in an emergency 24 hours a day. [PL 1983, c. 577, §1 (NEW).]

3. Emergencies. In any case when an applicant is unable, due to illness, disability, lack of transportation, lack of child care or other good cause, to apply in person for assistance or unable to appoint a duly authorized representative, the overseer shall accept an application by telephone subject to verification by mail and a visit to the applicant's home with the consent of the applicant. Municipalities may arrange with emergency shelters for the homeless to presume eligible for municipal assistance persons to whom the emergency shelter provides shelter services. [PL 1989, c. 322, §2 (AMD).]
22 M.R.S. § 3033 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3033
22 §3033. Limitation on liability of certain persons appointed or retained
Status: in_force

1. Additional immunities. In addition to all existing tort immunities enumerated in the Maine Tort Claims Act: A. A medical examiner may not be held liable for damages for any injury or damage that results from the exercise and discharge of any of the medical examiner's official duties, unless it can be shown that the injury or damage resulted from gross negligence on the part of the medical examiner; [PL 2001, c. 222, §12 (NEW).] B. A pathologist performing an autopsy at the request of a medical examiner or the Chief Medical Examiner may not be held liable for damages for any injury or damage that results from the performance of the autopsy unless it can be shown that the injury or damage resulted from the gross negligence of the pathologist; [PL 2013, c. 113, §11 (AMD).] C. A professional consultant, who at the request of a medical examiner or the Chief Medical Examiner conducts an examination and renders a report, may not be held liable for damages for any injury or damage that results from the performance of the examination unless it can be shown that the injury or damage resulted from the gross negligence of the consultant; and [PL 2013, c. 113, §11 (AMD).] D. A medicolegal death investigator may not be held liable for damages for any injury or damage that results from the exercise and discharge of any of the medicolegal death investigator's official duties unless it can be shown that the injury or damage resulted from gross negligence on the part of the medicolegal death investigator. [PL 2013, c. 113, §12 (NEW).] [PL 2013, c. 113, §§11, 12 (AMD).]
22 M.R.S. § 2517-E — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517-E
22 §2517-E. Slaughter and inspection; producer exemption for rabbits
Status: in_force

1. Exemption for processing fewer than 1,000 rabbits annually. Notwithstanding section 2512 and whether or not the rabbits are intended for human consumption, inspection is not required for the slaughter of rabbits or the preparation of rabbit products as long as the rabbits are slaughtered by the rabbit producer and the rabbit products are prepared on the farm where the rabbits were raised and: A. Fewer than 1,000 rabbits are slaughtered annually on the farm; [PL 2019, c. 73, §5 (NEW).] B. No rabbits are offered for sale or transportation in interstate commerce; [PL 2019, c. 73, §5 (NEW).] C. Any rabbit products sold are sold only as whole rabbit carcasses; [PL 2019, c. 73, §5 (NEW).] D. The rabbit producer is registered under section 2514‑A ; [PL 2019, c. 73, §5 (NEW).] E. The rabbit producer assigns a lot number to all rabbit products sold and maintains a record of assigned lot numbers and the point of sale; [PL 2019, c. 73, §5 (NEW).] F. The rabbit products are sold in accordance with the restrictions in subsection 2 ; and [PL 2019, c. 73, §5 (NEW).] G. The rabbit products are labeled with: (1) The name of the farm, the name of the rabbit producer and the address of the farm including the zip code; (2) The registration number issued to the rabbit producer in accordance with section 2514‑A and the lot number for the rabbit products pursuant to paragraph E ; (3) The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517‑E NOT INSPECTED." The statement must be prominently displayed with such conspicuousness that it is likely to be read and understood; and (4) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw rabbit meat separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw rabbit meat. Cook thoroughly to an internal temperature of at least 160 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." [PL 2019, c. 73, §5 (NEW).] [PL 2019, c. 73, §5 (NEW).]

2. Restrictions on point of sale. Rabbit products sold under this section may be sold only by the rabbit producer and in the following locations or manner: A. At the farm on which the rabbits were raised; [PL 2019, c. 73, §5 (NEW).] B. At a farmers' market as defined in Title 7, section 415, subsection 1, paragraph A ; [PL 2019, c. 73, §5 (NEW).] C. Delivered to a consumer's home by the rabbit producer whose name and registration number appear on the label under subsection 1, paragraph G ; [PL 2019, c. 73, §5 (NEW).] D. Received by an individual who is a member of a community supported agriculture farm that has a direct marketing relationship with the rabbit producer. For the purposes of this paragraph, "community supported agriculture" means an arrangement whereby individual consumers have agreements with a farmer to be provided with food or other agricultural products produced on that farm; [PL 2019, c. 73, §5 (NEW).] E. To a locally owned grocery store; or [PL 2019, c. 73, §5 (NEW).] F. To a locally owned restaurant. [PL 2019, c. 73, §5 (NEW).] [PL 2019, c. 73, §5 (NEW).]

3. Rules. The commissioner shall adopt rules to establish requirements for the physical facilities and sanitary processes used by rabbit producers whose rabbit products are exempt from inspection under this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 73, §5 (NEW).]

4. Enforcement. The commissioner shall enforce the provisions of this section. [PL 2019, c. 73, §5 (NEW).]

5. Violation; penalties. A person that violates this section is subject to penalties under section 2524 . [PL 2019, c. 73, §5 (NEW).]
22 M.R.S. § 7707 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7707
22 §7707. Reportable incidents
Status: in_force

1. Reporting requirements. A child care facility licensed pursuant to section 8301‑A, subsection 2 ; a family child care provider licensed pursuant to section 8301‑A, subsection 3 ; and a nursery school licensed pursuant to section 8402 shall report reportable incidents in accordance with this section. [PL 2021, c. 35, §10 (AMD).]

2. Notification by next business day. An entity required to report pursuant to subsection 1 shall submit a division-approved reportable incident form to the division by the next business day after a reportable incident occurred. The form must include at least the following information: A. The date of the reportable incident; [PL 2015, c. 278, §2 (NEW).] B. The time the reportable incident occurred; [PL 2015, c. 278, §2 (NEW).] C. The name of the entity; [PL 2015, c. 278, §2 (NEW).] D. The name of the entity's contact person; [PL 2015, c. 278, §2 (NEW).] E. A description of the reportable incident; [PL 2015, c. 278, §2 (NEW).] F. The condition of the child; [PL 2015, c. 278, §2 (NEW).] G. The name of the child; [PL 2015, c. 278, §2 (NEW).] H. The action taken by the entity; and [PL 2015, c. 278, §2 (NEW).] I. The involvement of a fire or police department, emergency medical services or other entity. [PL 2015, c. 278, §2 (NEW).] [PL 2015, c. 278, §2 (NEW).]

3. Rules. The department may adopt rules necessary to implement the reporting of reportable incidents. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 278, §2 (NEW).]
22 M.R.S. § 2881 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2881
22 §2881. Delivery to physician for scientific purposes
Status: in_force

If any resident of the State requests or consents that after death the resident's body may be delivered to a regular physician or surgeon for the advancement of anatomical science, it may be used for that purpose, unless some kindred or family connection makes objection. [RR 2021, c. 2, Pt. B, §145 (COR).]
22 M.R.S. § 3197 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3197
22 §3197. Prescribing, dispensing and administering HIV prevention drugs
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "HIV prevention drug" has the same meaning as in Title 32, section 13786‑E, subsection 1, paragraph B . [PL 2025, c. 483, §1 (NEW).]

2. Reimbursement for pharmacists prescribing, dispensing and administering HIV prevention drugs. No later than January 1, 2027, the department shall provide reimbursement under the MaineCare program to a pharmacist for prescribing, dispensing and administering HIV prevention drugs under Title 32, section 13786‑E . The department: A. Shall provide coverage for services provided by the pharmacist under this subsection; [PL 2025, c. 483, §1 (NEW).] B. Shall authorize a pharmacist to bill the carrier and receive direct payment for a service under this subsection that the pharmacist provides to a MaineCare member and shall identify the pharmacist as the provider in the billing and the claims process for payment of the service; and [PL 2025, c. 483, §1 (NEW).] C. May not impose on a pharmacist a practice, education or collaboration requirement that is inconsistent with or more restrictive than a requirement of state law or an agency or board rule for the pharmacist to receive payment for a service provided under this subsection. [PL 2025, c. 483, §1 (NEW).] [PL 2025, c. 483, §1 (NEW).]

3. Reimbursement model. No later than January 1, 2027, the department shall create and implement under the MaineCare program a reimbursement model to increase access to HIV prevention drugs administered under Title 32, section 13786‑E . [PL 2025, c. 483, §1 (NEW).]
22-A M.R.S. § 206 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 206
22-A §206. Additional duties of the commissioner
Status: in_force

In addition to other duties set out in this Title, the commissioner has the following duties. [PL 2007, c. 539, Pt. N, §45 (NEW).]

1. General. The commissioner has general supervision, management and control of the research and planning, grounds, buildings, property, officers, employees and clients of all state institutions. [PL 2007, c. 539, Pt. N, §45 (NEW).]

2. Enforcement of laws. The commissioner shall enforce all laws concerning the institutions within the department, unless specific law enforcement duties are given by law to other persons. [PL 2007, c. 539, Pt. N, §45 (NEW).]

3. Rules. Rules adopted pursuant to section 205, subsection 2 must be established as set out in this subsection. A. The commissioner shall establish such rules, regulations, procedures and practices as the commissioner may determine appropriate or necessary for the care and management of the property of all state institutions, for the production and distribution of the products of the institutions, for guiding the institutions in determining whether to approve admissions and for the execution of the statutory purposes and functions of the institutions. [PL 2007, c. 539, Pt. N, §45 (NEW).] B. The central principle underlying all rules relating to residents of the institutions within the department is that the residents retain all rights of ordinary citizens, except those expressly or by necessary implication taken from them by law. [PL 2007, c. 539, Pt. N, §45 (NEW).] [PL 2007, c. 539, Pt. N, §45 (NEW).]

4. Grievance procedures. The commissioner shall establish procedures for hearing grievances of clients who receive mental health services or adult developmental services, of children who receive behavioral health services or of adults who receive acquired brain injury services. The procedures must include the opportunity for a timely hearing before a state hearing examiner or an independent fair hearing examiner. The commissioner may contract for the services of the hearing examiner, who shall conduct adjudicatory proceedings pursuant to the Maine Administrative Procedure Act. [PL 2021, c. 284, Pt. A, §2 (AMD).]

5. Residential child care facilities. The commissioner shall approve all programs for the provision of mental health services to residential child care facilities, as defined in Title 22, section 8101, subsection 4 , and shall participate in licensure of these programs in accordance with Title 22, section 8104 . [PL 2007, c. 539, Pt. N, §45 (NEW).]

6. Abuse allegations in state institutions. The commissioner shall ensure appropriate intervention and remediation in cases of substantiated abuse and neglect in state institutions. The commissioner shall ensure, through inspection on a periodic basis, that all state institutions meet appropriate federal and state standards relating to the health, safety and welfare of clients of these institutions. [PL 2007, c. 539, Pt. N, §45 (NEW).]

7. Establish standards of care. The commissioner shall establish standards of care for patients at the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center. [PL 2007, c. 539, Pt. N, §45 (NEW).]

8. Substance use disorder prevention, treatment and recovery. The commissioner shall administer and carry out the purposes of the Maine Substance Use Disorder Prevention, Treatment and Recovery Act. [PL 2019, c. 524, §18 (AMD).]

9. Annual reporting. [PL 2019, c. 612, §4 (RP).]
22 M.R.S. § 5325 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5325
22 §5325. Governing board for community action agency
Status: in_force

1. Board of directors; establishment. Each community action agency shall establish a governing board of directors, which must consist of not less than 15 nor more than 30 members. One third of the members must be representatives of low-income residents of the service area who are selected through a democratic process in accordance with guidelines established by the bureau. One third of the members must be elected public officials or their designees or officials of public agencies operating in the service area. One third of the members must be representatives of private sector organizations, including business and industry, as well as educational, civic, labor and religious organizations. All meetings of the board of directors must be in accordance with the freedom of access laws. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]

2. Responsibilities. A community action agency board of directors is responsible for the following: A. Overall direction, oversight and development of policies of the agency; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] B. Selection, evaluation and dismissal of the executive director of the community action agency; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] C. Approval of all contracts; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] D. Approval of all agency budgets; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] E. Performance of an annual audit by an independent, qualified outside auditor. The audit must be submitted upon completion to the bureau; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] F. Convening public meetings to provide low-income and other citizens of the service area the opportunity to comment upon policies and programs of the community action agencies; and [PL 1991, c. 780, Pt. DDD, §14 (NEW).] G. Evaluate agency programs and assess community and agency needs. [PL 1991, c. 780, Pt. DDD, §14 (NEW).] [PL 1991, c. 780, Pt. DDD, §14 (NEW).]
22 M.R.S. § 4065 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4065
22 §4065. Department's responsibility after death of committed child
Status: in_force

If a child in the custody of the department dies, the department shall arrange and pay for a decent burial for the child. If administration of the deceased child's estate is not commenced, within 60 days after the date of death, by an heir or a creditor, then the department may petition the Probate Court to appoint an administrator and settle the estate of the deceased child pursuant to Title 18‑C . [PL 2017, c. 402, Pt. C, §70 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 1646 — ME Code / Title 22 / Subtitle 2 / Chapter 266-B / Section 1646
22 §1646. Lyme disease testing information disclosure
Status: in_force

1. Definition. For the purposes of this section, "health care provider" means a physician, hospital or person that is licensed or otherwise authorized in this State to provide health care services. [PL 2013, c. 340, §1 (NEW).]

2. Lyme disease testing information disclosure. Every health care provider that orders a laboratory test for the presence of Lyme disease shall provide the patient with a copy of the results of the test. [PL 2013, c. 340, §1 (NEW).]
22 M.R.S. § 3571 — ME Code / Title 22 / Subtitle 3 / Chapter 962 / Section 3571
22 §3571. Prevention of developmental disabilities
Status: in_force

1. Prevention of developmental disabilities; Department of Health and Human Services. The Department of Health and Human Services shall serve as the principal agency for the primary prevention of developmental disabilities in the State and shall provide services for pregnant women and new mothers to minimize the likelihood of their having a developmentally disabled child. In particular, the department shall conduct professional education to assure that the best available prevention techniques are utilized by health care professionals in the State and shall assure that access to prenatal services exists for all women of childbearing age in the State. [PL 1985, c. 484 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Counseling and support services; Department of Health and Human Services. The Department of Health and Human Services shall institute programs of family counseling and support services for families with children who are developmentally disabled aged 0 to 5 years. The purpose of these counseling and support services must be to increase the family's understanding of the child's special needs and to enhance family members' abilities to cope with the physical and emotional strains experienced by families with disabled children. [PL 2021, c. 348, §29 (AMD).]

3. Preschool coordination projects; Department of Education. The Department of Education through the preschool coordination projects shall ensure the provision of comprehensive developmental services, including physical therapy, speech and language therapy and occupational therapy to preschool children who are disabled or delayed. To the maximum extent possible, these programs must make use of existing 3rd party payors and coordinate services with local resources. In instances where needed services are not available, the department shall use authorized funds to enable preschool coordination projects to work with local providers, including public and private agencies and school units to develop new or expand existing service to meet these needs. In addition, the Department of Education shall ensure that comprehensive health educational programs are available in state schools and that teacher training programs in the State include preparation in conduct of health educational programs. [PL 2021, c. 348, §30 (AMD).]
22 M.R.S. § 4099-K — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-K
22 §4099-K. Investigation team
Status: in_force

1. Investigation team established. The investigation team is established within the department to investigate reports of suspected out-of-home abuse or neglect of children in accordance with this subchapter. [PL 2023, c. 248, §4 (NEW).]

2. Participation with other departments. The investigation team, on its own or upon request, may assist and participate with another department or agency charged with the responsibility to investigate abuse or neglect, including the Department of Education or the Department of Corrections. [PL 2023, c. 248, §4 (NEW).]

3. Addition of relevant professionals. The investigation team must include, as appropriate, relevant professionals to participate in the investigations of out-of-home abuse or neglect. [PL 2023, c. 248, §4 (NEW).]

4. Assistance by licensing staff. Department staff that perform general licensing functions may assist the investigation team in conducting out-of-home abuse or neglect investigations. [PL 2023, c. 248, §4 (NEW).]

5. Consultation with law enforcement and others. The investigation team may consult with law enforcement personnel, advocates and others in the investigation of out-of-home abuse or neglect. [PL 2023, c. 248, §4 (NEW).]

6. Results. The investigation team shall provide the results of its investigation to the department or other applicable licensing agency or department for appropriate action. [PL 2023, c. 248, §4 (NEW).]
22 M.R.S. § 2625 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2625
22 §2625. Licenses
Status: in_force

The Board of Licensure of Water System Operators shall issue biennial licenses to individuals to act as operators. The license must indicate the classification level of the systems or parts of systems for the operation of which the individual is qualified to act as an operator. [PL 2003, c. 33, §6 (AMD).]

The board may suspend or revoke a license of a certified operator when it is determined that the operator has practiced fraud or deception; that the operator has been negligent in that reasonable care, judgment or the application of knowledge or ability was not used in the performance of the operator's duties; or that the operator is incompetent or unable to perform the operator's duties properly. [PL 1999, c. 688, §5 (AMD).]

This chapter may not be construed to affect or prevent the practices of any other legally recognized profession. [RR 2017, c. 1, §14 (COR).]

When the unexpired term of license of an applicant is or will be more than one year at the time of licensure, the commissioner may require the applicant to pay an additional fee not to exceed 1/2 the biennial license fee. [PL 1985, c. 748, §27 (AMD).]
22 M.R.S. § 2017 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2017
22 §2017. Renewal
Status: in_force

A license shall expire 3 years after the date of issuance unless renewed. Licenses may be renewed in the same manner and subject to the same conditions as the issuance of the original license and upon payment of a renewal application fee of $200 for the first category and $60 for each additional category. [PL 1987, c. 211, §5 (AMD).]
22 M.R.S. § 8206 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8206
22 §8206. Preadoptive homes as foster homes
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Foster home" means a child's home that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour-a-day, residential basis. [PL 1999, c. 265, §1 (NEW).] B. "Preadoptive parent" means a person who has entered into an agreement with a licensed private child-placing agency that has certified the person as a potential adoptive parent who will accept a child into care with the intent to adopt that child. [PL 1999, c. 265, §1 (NEW).] [PL 1999, c. 265, §1 (NEW).]

2. Home certification. Pursuant to rules adopted by the department, a licensed private child-placing agency may certify a preadoptive parent's home as a foster home for a child placed in that home awaiting adoption by the preadoptive parent. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 265, §1 (NEW).]
22 M.R.S. § 812 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 812
22 §812. Public health measures
Status: in_force

1. Court order. If, based upon clear and convincing evidence, the court finds that a public health threat exists, the court shall issue the requested order for treatment or such other order as may direct the least restrictive measures necessary to effectively protect the public health. These measures include, but are not limited to: A. Participation in an education program designated or developed in accordance with rules adopted pursuant to section 802 or 807 ; [PL 1989, c. 487, §11 (NEW).] B. Participation in a counseling program designated or developed in accordance with rules adopted pursuant to section 802 or 807 ; [PL 1989, c. 487, §11 (NEW).] C. Participation in a treatment program designated or developed in accordance with rules adopted pursuant to section 802 or 807 ; [PL 1989, c. 487, §11 (NEW).] D. Appearance before designated health officials for purposes of monitoring measures set out in paragraph A , B or C ; [PL 1989, c. 487, §11 (NEW).] E. Part or full-time supervision or monitoring for a period and under conditions set by the court; [PL 1989, c. 487, §11 (NEW).] F. Commitment to a facility that will provide appropriate diagnosis, care, treatment or isolation of the individual without undue risk to the public health, for a period not to exceed 30 days and under conditions set by the court; [PL 1989, c. 487, §11 (NEW).] G. Undergoing a comprehensive medical assessment by the State Forensic Service. The court, in selecting the examination site, shall consider proximity to the court, availability of an examiner and the need to protect the public health. No person may be presented for examination under this subsection without arrangements for examination having first been made by the court, clerk of the court or the petitioner with the State Forensic Service. The opinion of the State Forensic Service must be reported to the court forthwith following the examination. The court shall order the individual to be further examined by a psychiatrist, neurologist and any additional expert if, based on the report of the State Forensic Service, it appears that: (1) The individual suffers from a mental disease or defect that causes the individual to act in such a manner as to endanger others with risk of infection with a communicable disease; or (2) Further observation or examination is required. If, based on the examinations, the department determines that admission to an appropriate institution for persons with mental illness or a residential program for persons with intellectual disabilities is necessary, it shall petition for involuntary hospitalization pursuant to Title 34‑B, chapter 3 . If the District Court orders the involuntary hospitalization of the individual pursuant to Title 34‑B, chapter 3 , the petition brought pursuant to section 811 must be dismissed without prejudice. If it is determined that admission to an appropriate institution for persons with mental illness or a residential program for persons with intellectual disabilities is not necessary, the head of the institution where the examinations have taken place shall notify the commissioner or the commissioner's designee, prior to discharging the respondent. In no event may the period of examination pursuant to this subsection exceed 60 days without further order by the court, which may extend commitment for further observation or examination for an additional 60 days, provided that the court finds facts sufficient to show that the individual suffers from a mental disease or defect that causes the individual to act in such a manner as to endanger others with risk of infection with a communicable disease; and [PL 2011, c. 542, Pt. A, §26 (AMD).] H. Compliance with any combination of measures outlined in paragraphs A to G , or other measures considered just by the court. [PL 1989, c. 487, §11 (NEW).] [PL 2011, c. 542, Pt. A, §26 (AMD).]

2. Time limits. Orders issued pursuant to subsection 1, paragraphs A to E shall not exceed 180 days without further review as provided by section 813, subsection 1 . If commitment pursuant to subsection 1, paragraph F , is sought by the department beyond the original 30 days, the department shall file a motion for review pursuant to section 813, subsection 2 . [PL 1989, c. 487, §11 (NEW).]

3. Appeals. Orders issued pursuant to this chapter may be appealed to the Superior Court. A. The order of the District Court shall remain in effect pending appeal, unless stayed by the Superior Court. [PL 1989, c. 487, §11 (NEW).] B. The Supreme Judicial Court shall, by rule, provide for expedited appellate review of cases appealed under this chapter. [PL 1989, c. 487, §11 (NEW).] [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 3174 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174
22 §3174. Eligibility
Status: in_force

Medical indigency and eligibility for assistance under this chapter are to be defined and determined in manners consistent with the requirements for the receipt of federal matching funds under Title XIX, or its successors, of the Social Security Act. [PL 1977, c. 714, §3 (NEW).]

An applicant shall be an adult who requires care and assistance, an adult legally responsible for the care of another or an adult who is legally responsible for the care of, and is applying on behalf of, one or more dependent minor children. Applications may be made on behalf of those applicants by their legal representatives. [PL 1977, c. 714, §3 (NEW).]

The department shall review and reevaluate eligibility for all recipients of aid, assistance or benefits available through a program of medical assistance administered pursuant to this chapter no less than once every 12 months, notwithstanding any federal statute, regulation or waiver allowing for less frequent reviews. [PL 2017, c. 284, Pt. NNNNNNN, §9 (NEW).]

The income factor of eligibility is met if, after reducing all income received by or available to the applicant by the liabilities for the kinds of goods and services provided for in this section, the residual income does not exceed 100% of an amount equal to the Temporary Assistance for Needy Families payment standards applicable to the applicant in the case of a family of 2 or more, or does not exceed 100% of an amount equal to the Temporary Assistance for Needy Families full-need standard for a unit of one in the case of an individual. [RR 1991, c. 1, §29 (COR); PL 1997, c. 530, Pt. A, §34 (AMD).]

The application of any available insurance, other 3rd party liabilities or other benefits to which the applicant may be entitled or the determination of other eligibility factors shall be in accordance with federal matching requirements. [PL 1977, c. 714, §3 (NEW).]

The department, under rules and regulations established pursuant to section 3173 , shall set forth conditions of eligibility for assistance under this chapter. Such conditions shall provide that aid may be granted only to any applicant who: [PL 1973, c. 790, §2 (NEW).]

1. Income. Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; [PL 1973, c. 790, §2 (NEW).]

2. Residence. Is living in the State at the date of the application; and [PL 1973, c. 790, §2 (NEW).]

3. Inmate. Is not an inmate of any public institution, except as a patient in a medical institution or an inmate during the month in which the applicant becomes an inmate only to the extent permitted by federal law, but an inmate of such an institution may file application for aid and any allowance made thereon must take effect and be paid when the applicant ceases to be an inmate of the institution. [RR 2021, c. 2, Pt. B, §160 (COR).]
22 M.R.S. § 3765 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3765
22 §3765. Payments to guardian or conservator
Status: in_force

When a relative with whom a child is living is found by the department to be incapable of taking care of the child's money, payment may be made only to a legally appointed guardian or conservator and, notwithstanding Title 18‑C, Article 5, Part 4 , in the matter of infirmities of age or physical disability to manage the child's estate with prudence and understanding, the Probate Court may appoint any suitable person as a conservator. [PL 2017, c. 402, Pt. C, §58 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 7304 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7304
22 §7304. Delivery of services
Status: in_force

1. Staff; providers. In order to provide in-home and community support services, the department may use its own staff and its designees and enter into agreements with providers. [PL 1981, c. 511, §1 (NEW).]

2. Agreement. Each agreement shall specify, among other things, the types of in-home and community support services to be provided, the cost of the services, the method of payment and the criteria to be used for evaluating the provisions of services. [PL 1981, c. 511, §1 (NEW).]

3. Proposals. The department shall solicit proposals from providers who would like to provide in-home and community support services, pursuant to this subtitle. Providers shall submit proposals in such form and manner as may be required by the department. The department shall select proposals according to rankings based on the criteria developed pursuant to section 7303, subsection 2 . [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 2429-A — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2429-A
22 §2429-A. Packaging and labeling requirements
Status: in_force

1. Packaging requirements. As applicable based on the form of the item sold, harvested cannabis sold in a retail transaction under this chapter must be: A. Prepackaged in child-resistant and tamper-evident packaging or placed in child-resistant and tamper-evident packaging with a signifier that the package contains harvested cannabis at the final point of sale to a qualifying patient; [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).] B. Prepackaged in opaque packaging or an opaque container or placed in opaque packaging or an opaque container with a signifier that the package contains harvested cannabis at the final point of sale to a qualifying patient; [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).] C. Packaged in a container with an integral measurement component and child-resistant cap if the cannabis product is a multiserving liquid; and [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).] D. In conformity with all other applicable requirements and restrictions imposed by rule by the department. [PL 2017, c. 452, §18 (NEW).] Any package required under this subsection that contains edible cannabis products must include a signifier that the package contains harvested cannabis. [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).]

2. Packaging prohibitions. Harvested cannabis sold in a retail transaction under this chapter may not be: A. Labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the harvested cannabis was a trademarked product; [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).] B. Labeled or packaged in a manner that is specifically designed to appeal particularly to a person under 21 years of age; [PL 2017, c. 452, §18 (NEW).] C. Labeled or packaged in a manner that obscures identifying information on the label or uses a false or deceptive label; [PL 2017, c. 452, §18 (NEW).] D. Sold or offered for sale using a label or packaging that depicts a human, animal or fruit; or [PL 2017, c. 452, §18 (NEW).] E. Labeled or packaged in violation of any other labeling or packaging requirement or restriction imposed by rule by the department. [PL 2017, c. 452, §18 (NEW).] [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).]

3. Labels. If a registered caregiver, dispensary or manufacturing facility affixes a label on the packaging of any harvested cannabis provided to a qualifying patient and that label includes information about contaminants, the cannabinoid profile or potency of the harvested cannabis, the label must be verified by a cannabis testing facility. This subsection does not apply if there is no cannabis testing facility operating in accordance with section 2423‑A, subsection 10 . [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).]

4. Educational materials. A person that provides harvested cannabis to a qualifying patient shall make educational materials about the use of harvested cannabis available in printed or electronic form to the qualifying patient at the time of the transaction. The department shall develop the minimum content of the educational materials provided under this subsection and make that content available publicly. [PL 2021, c. 662, §32 (AMD); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 3277 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3277
22 §3277. Regulations
Status: in_force

The department shall promulgate such temporary rules and regulations, consistent with the laws of the State of Maine, which are necessary or desirable for administration of this Part. The effect of such rules shall terminate on July 1, 1975. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 7942 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7942
22 §7942. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 774, §4 (NEW).]

1. Department. "Department" means the Department of Health and Human Services. [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Directed plan of correction. "Directed plan of correction" means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made. [PL 1987, c. 774, §4 (NEW).]

3. Long-term care facility. "Long-term care facility" means an assisted living facility or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405 . [PL 2023, c. 176, §34 (AMD).]

4. Person. "Person" means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit. [PL 1987, c. 774, §4 (NEW).]

5. Plan of correction. "Plan of correction" means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. A plan of correction shall describe with specificity how and when deficiencies of state licensing rules will be corrected. [PL 1987, c. 774, §4 (NEW).]

6. Resident. "Resident" means any person who lives in and receives services or care in a long-term care facility. [PL 1987, c. 774, §4 (NEW).]

7. State licensing rules. "State licensing rules" refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with intellectual disabilities and assisted living facilities or residential care facilities. [PL 2023, c. 176, §35 (AMD).]

8. Statement of deficiencies. "Statement of deficiencies" means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules. [PL 1987, c. 774, §4 (NEW).]
22 M.R.S. § 1315 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1315
22 §1315. Definitions
Status: in_force

As used in this Act, unless the context requires otherwise, the following words shall have the following meanings. [PL 1973, c. 367 (NEW).]

1. Department. [PL 1991, c. 810, §2 (RP).]

1-A. Child; children. "Child" or "children" means a person or persons up to 6 years of age. [PL 1991, c. 810, §3 (NEW).]

1-B. Children's home. [PL 1995, c. 453, §1 (RP).]

1-C. Child-occupied facility. "Child-occupied facility" means a building or portion of a building visited regularly for the purpose of child care by the same child, 6 years of age or under, on at least 2 days within any week if each day's visit lasts at least 3 hours, the combined weekly visit lasts at least 6 hours and the combined annual visit lasts at least 60 hours. [PL 1999, c. 276, §1 (NEW).]

2. Dwelling. "Dwelling" means a structure, all or part of which is designed or used for human habitation, including a dwelling unit. [PL 1991, c. 810, §4 (AMD).]

3. Dwelling unit. "Dwelling unit" means any room, group of rooms or other areas of a structure designed or used for human habitation. [PL 1973, c. 367 (NEW).]

3-A. Environmental lead hazard. "Environmental lead hazard" means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition. [PL 1999, c. 276, §2 (AMD).]

3-B. Environmental lead inspection. "Environmental lead inspection" means a lead inspection as defined in rules of the Department of Environmental Protection in chapter 424, "Lead Management Regulations." [PL 1999, c. 276, §3 (AMD).]

3-C. Environmental lead investigation. "Environmental lead investigation" means a detailed and extensive investigation to determine the potential cause of a confirmed case of lead poisoning in a child. [PL 1999, c. 276, §3 (AMD).]

3-D. Interim controls. "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. [PL 1997, c. 375, §1 (AMD).]

4. Exposed surface. [PL 1991, c. 810, §6 (RP).]

4-A. Health care provider. [PL 2011, c. 183, §1 (RP).]

4-B. Lead abatement. "Lead abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. "Lead abatement" includes, but is not limited to: A. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures and the removal or covering of lead-contaminated soil; and [PL 1997, c. 375, §2 (NEW).] B. All preparation, cleanup and post-abatement clearance testing activities associated with such measures. [PL 1997, c. 375, §2 (NEW).] "Lead abatement" does not include renovation and remodeling as defined in Title 38, section 1291, subsection 26 . For the purpose of this subsection, "permanently" means for at least 20 years. [PL 1997, c. 375, §2 (AMD).]

4-C. Lead abatement contractor. [PL 1997, c. 375, §3 (RP).]

4-D. Lead abatement design consultant. [PL 1997, c. 375, §3 (RP).]

4-E. Lead abatement project supervisor. [PL 1997, c. 375, §3 (RP).]

4-F. Lead abatement worker. [PL 1997, c. 375, §3 (RP).]

4-G. Lead-based paint activities. "Lead-based paint activities" means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as interim controls, lead screening, lead determination and deleading. [PL 1997, c. 375, §4 (NEW).]

5. Lead-based substance. "Lead-based substance" means any substance that contains lead at a level that constitutes or potentially constitutes an environmental lead hazard. [PL 1991, c. 810, §8 (RPR).]

5-A. Lead-free. "Lead-free" means that a residential child-care facility or preschool facility, dwelling or premises contains no lead that is injurious or that could be injurious in the future. [PL 1995, c. 453, §4 (AMD).]

5-B. Lead inspector. "Lead inspector" means a person licensed by the Department of Environmental Protection pursuant to Title 38, chapter 12‑B to perform environmental lead inspections. [PL 1997, c. 375, §5 (AMD).]

5-C. Lead poisoning. "Lead poisoning" means a confirmed elevated level of blood lead that is equal to or exceeds 5 micrograms per deciliter. [PL 2019, c. 201, §1 (AMD).]

5-D. Lead-safe. "Lead-safe" means that a residential child-care facility or preschool facility, dwelling or premises does not contain lead at a level or in a condition that constitutes an environmental lead hazard. [PL 1995, c. 453, §5 (AMD).]

5-E. Occupant. "Occupant" means a person who resides in or uses regularly a dwelling, residential child-care facility or preschool facility. [PL 1995, c. 453, §5 (AMD).]

5-F. Owner. "Owner" means any person who individually, jointly or in common with others: A. [PL 1995, c. 453, §5 (RP).] B. [PL 1995, c. 453, §5 (RP).] C. Is the chief executive officer of the municipality, school administrative unit or state agency that controls the use of publicly owned property; [PL 1995, c. 453, §5 (AMD).] D. Is a mortgagee who has taken actual possession in accordance with applicable law. A mortgagee who has not taken actual possession is not the owner; or [PL 1995, c. 453, §5 (AMD).] E. Is characterized by the following: (1) Has legal title to any dwelling or premises; (2) Has charge, care or control of any premises as owner or agent of the owner and has authority to expend money for compliance with the state sanitary code or as an executor, an administrator, a trustee or a guardian of the estate or the holder of legal title; (3) Is a real estate property manager or other entity that has the authority to fund capital or major property rehabilitation on the owner's behalf; (4) Is an estate or trust of which the premises is a part or the grantor or beneficiary of an estate or trust; or (5) Is the association of unit owners of a condominium or cooperative, which is considered as owner solely with respect to common areas and exterior surfaces and fixtures of that condominium or cooperative. [PL 1995, c. 453, §5 (NEW).] [PL 1995, c. 453, §5 (AMD).]

6. Person. "Person" means any individual, firm, corporation, association or partnership and the State and any political subdivision of the State. [PL 1991, c. 810, §10 (AMD).]

6-A. Premises. "Premises" means a plotted lot or part of a plotted lot, an unplotted lot or a parcel of land, including developed and undeveloped land and any structure that exists on the land, if the lot, parcel or structure is used by children. [PL 1991, c. 810, §11 (NEW).]

6-B. Preschool facility. [PL 1999, c. 276, §4 (RP).]

6-C. Small preschool facility. [PL 1999, c. 276, §5 (RP).]

6-D. Single-family residence. "Single-family residence" means a dwelling consisting of only one dwelling unit. [PL 1999, c. 276, §6 (NEW).]

7. Sale or sell. [PL 1991, c. 810, §12 (RP).]

7-A. State investigator. "State investigator" means a lead inspector who is employed or authorized by the department to conduct environmental lead investigations. [PL 1991, c. 810, §13 (NEW).]

8. Toys. [PL 1991, c. 810, §14 (RP).]

9. Lead poisoning. [PL 1991, c. 810, §15 (RP).]

10. Commissioner. [PL 1991, c. 810, §16 (RP).]

11. Child care facility. [PL 1991, c. 810, §17 (RP).]
22 M.R.S. § 2351 — ME Code / Title 22 / Subtitle 2 / Chapter 556 / Section 2351
22 §2351. Maine Meth Watch Program
Status: in_force

1. Establishment; purpose. The department shall establish the Maine Meth Watch Program to educate retailers, retail employees and the public in order to help curtail suspicious sales and the theft of methamphetamine precursor drugs as defined in Title 17‑A, section 1101, subsection 4‑A and to identify the location of illicit methamphetamine manufacturing. [PL 2011, c. 657, Pt. AA, §62 (AMD).]

2. Rulemaking. The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 657, Pt. AA, §62 (AMD).]
22 M.R.S. § 2948 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2948
22 §2948. Preclusive effect of anatomical gift, amendment or revocation
Status: in_force

1. Person other than donor barred. Except as otherwise provided in subsection 7 , in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor's body or a part if the donor made an anatomical gift of the donor's body or the part under section 2945 or an amendment to an anatomical gift of the donor's body or the part under section 2946 . [PL 2007, c. 601, §2 (NEW).]

2. Revocation not refusal. A donor's revocation of an anatomical gift of the donor's body or a part under section 2946 is not a refusal and does not bar another person specified in section 2944 or 2949 from making an anatomical gift of the donor's body or a part under section 2945 or 2950 . [PL 2007, c. 601, §2 (NEW).]

3. Effect of gift or amendment by person other than donor. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or a part under section 2945 or an amendment to an anatomical gift of the donor's body or a part under section 2946 , another person may not make, amend or revoke the gift of the donor's body or part under section 2950 . [PL 2007, c. 601, §2 (NEW).]

4. Effect of revocation by person other than donor. A revocation of an anatomical gift of the donor's body or a part under section 2946 by a person other than the donor does not bar another person from making an anatomical gift of the body or a part under section 2945 or 2950 . [PL 2007, c. 601, §2 (NEW).]

5. Effect of gift of a part or for a purpose. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 2944 : A. An anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person under section 2945 or 2950 ; and [PL 2007, c. 601, §2 (NEW).] B. An anatomical gift of a part for one or more of the purposes set forth in section 2944 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 2945 or 2950 . [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

6. Donor unemancipated minor. If a donor who is an unemancipated minor dies under 18 years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. [PL 2007, c. 601, §2 (NEW).]

7. Parent's revocation of unemancipated minor's refusal. If an unemancipated minor who signed a refusal dies under 18 years of age, a parent of the individual who is reasonably available may revoke the individual's refusal. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1555-F — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-F
22 §1555-F. Delivery sales of tobacco products
Status: in_force

1. Prohibition against delivery sales to consumers. The following requirements apply to delivery sales of tobacco products within the State. A. A tobacco product may not be shipped to anyone other than a licensed tobacco distributor or licensed tobacco retailer in this State. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] B. A person may not, with knowledge or reason to know of the violation, provide substantial assistance to a person in violation of this section. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]

2. Acceptance of delivery of tobacco products. Only a licensed tobacco distributor or licensed tobacco retailer may accept delivery of tobacco products in this State. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]

3. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged for each violation. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] B. An employer of a person who, while working and within the scope of that person's employment, violates this section commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged for each violation. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] C. For purposes of this section, each shipment or transport of tobacco products constitutes a separate violation. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] D. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation of this section is a violation of the Maine Unfair Trade Practices Act. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] E. If a court determines that a person has violated the provisions of this section, the court shall order any profits, gains, gross receipts or other benefits from the violation to be disgorged and paid to the Treasurer of State for deposit in the General Fund. Unless otherwise expressly provided, the penalties or remedies or both under this section are in addition to any other penalties and remedies available under any other law of this State. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).] [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]

4. Rulemaking. The department and the Department of Administrative and Financial Services 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 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]

5. Forfeiture. Any tobacco product sold or attempted to be sold in violation of this section is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title 36, section 4372‑A . [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]

6. Exemption. The provisions of this section do not apply to the delivery sale of premium cigars to a consumer. [PL 2009, c. 398, §5 (NEW); PL 2009, c. 398, §6 (AFF).]
22 M.R.S. § 4310 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4310
22 §4310. Emergency benefits prior to full verification
Status: in_force

Whenever an eligible person becomes an applicant for general assistance and states to the administrator that the applicant is in an emergency situation and requires immediate assistance to meet basic necessities, the overseer shall, pending verification, issue to the applicant either personally or by mail, as soon as possible but in no event later than 24 hours after application, sufficient benefits to provide the basic necessities needed immediately by the applicant, as long as the following conditions are met. [PL 2015, c. 494, Pt. A, §24 (AMD).]

1. Probability of eligibility for assistance after full verification. As a result of the initial interview with the applicant, the overseer shall have determined that the applicant will probably be eligible for assistance after full verification is completed. [PL 1983, c. 577, §1 (NEW).]

2. Documentation. Where possible, the applicant shall submit to the overseer at the time of the initial interview, adequate documentation to verify that there is a need for immediate assistance. [PL 1983, c. 577, §1 (NEW).]

3. Information obtained. When adequate documentation is not available at the time of the initial application, the overseer may contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about the applicant's need for immediate assistance. [RR 2021, c. 2, Pt. B, §199 (COR).]

4. Limitations. Benefits are limited as follows. A. The authorization of benefits under this section may not exceed 30 days. [PL 2023, c. 643, Pt. II, §2 (RPR).] B. Until there has been full verification confirming the applicant's eligibility, further benefits may not be authorized. [PL 2023, c. 643, Pt. II, §2 (RPR).] C. The authorization of benefits under this section may not exceed levels of assistance established in section 4308. [PL 2023, c. 643, Pt. II, §2 (NEW).] [PL 2023, c. 643, Pt. II, §2 (RPR).]
22 M.R.S. § 779 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 779
22 §779. Advertising
Status: in_force

A person may not advertise any radon testing device as "State-approved," "approved by the State of Maine" or by use of any phrases with similar meaning or content. This restriction also applies to any reference denoting municipal approval. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 9055 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9055
22 §9055. Background Check Center funding and fees
Status: in_force

After the initial construction and operational phase, the Background Check Center is funded through user fees as provided in this section. [PL 2015, c. 299, §25 (NEW).]

1. User fee. The department shall adopt rules to establish Background Check Center user fees. The user fee must reasonably reflect the necessary costs to maintain, operate and develop the Background Check Center. The user fee must be no less than $25 and no more than $150. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 299, §25 (NEW).]

2. Special revenue account. Revenue generated pursuant to this section must be deposited in a special revenue account in the division of licensing and certification and dedicated for Background Check Center operations. [PL 2023, c. 241, §70 (AMD).]
22 M.R.S. § 663-A — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 663-A
22 §663-A. State Nuclear Safety Inspector
Status: in_force

There is established within the department the State Nuclear Safety Inspector Office administered by the State Nuclear Safety Inspector. The State Nuclear Safety Inspector is a classified employee, subject to the Civil Service Law. [PL 2007, c. 539, Pt. KK, §2 (NEW).]

1. Qualifications. The State Nuclear Safety Inspector must be an individual knowledgeable in the field of commercial nuclear power production and possess, at a minimum, a bachelor's degree with major work in nuclear, mechanical, electrical or chemical engineering and have at least 4 years' experience in nuclear operations. [PL 2019, c. 589, §1 (AMD).]

2. Duties. The State Nuclear Safety Inspector shall serve as an on-site nuclear safety inspector of a facility and of the on-site storage and transportation of high-level and low-level nuclear waste. [PL 2007, c. 539, Pt. KK, §2 (NEW).]

3. Staff. The State Nuclear Safety Inspector may employ other personnel as necessary to carry out the purposes of this chapter. [PL 2007, c. 539, Pt. KK, §2 (NEW).]
22 M.R.S. § 1867 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1867
22 §1867. Distance restriction on placement of Medicaid recipients
Status: in_force

The department may make Medicaid reimbursement for a nursing facility contingent on a maximum distance between a patient's home and the nursing facility if the maximum distance is not more than 60 miles; except that the distance restriction may not be applied to the Maine Veterans' Homes. [PL 2015, c. 397, §2 (AMD).]
22 M.R.S. § 2663 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2663
22 §2663. Existing installations
Status: in_force

1. Public pool or spa; existing use. Any public pool or spa installed prior to September 19, 1985, may have its existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to the public health, safety or welfare has been created by the installation. [PL 2007, c. 631, §5 (AMD).]

2. Public pool or spa; maintenance. The owner or the owner's designated agent is responsible for the maintenance of the public pool or spa in a safe and sanitary condition. [PL 2007, c. 631, §5 (AMD).]
22 M.R.S. § 23 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 23
22 §23. Unauthorized use of electronic benefits transfer system
Status: in_force

1. Unauthorized spending of benefits. A recipient may not use the electronic benefits transfer system established under section 22 to effect any transaction in: A. A retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor as defined in Title 28‑A, section 2, subsection 16 ; [PL 2011, c. 687, §4 (NEW).] B. A gambling facility, as defined in Title 8, section 1001, subsection 16 , except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods as defined in 7 United States Code, Section 2012(r); or [RR 2011, c. 2, §23 (COR).] C. A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. [PL 2011, c. 687, §4 (NEW).] [RR 2011, c. 2, §23 (COR).]

2. Rulemaking. The department shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 687, §4 (NEW).]
22 M.R.S. § 1471-W — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-W
22 §1471-W. General use pesticide dealers
Status: in_force

1. License required. Unless exempted under subsection 5 , no person may distribute general use pesticides without a license. [PL 1989, c. 93, §2 (NEW).]

2. Issuance of license. The Board of Pesticides Control shall issue a license to distribute general use pesticides to any person upon payment of a fee of $20 for a calendar year or any part of a calendar year. The Board of Pesticide Control may issue a license for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. Any person licensed to distribute restricted use pesticides is considered licensed to distribute general use pesticides without any additional fee. All fees collected under this section are deposited in the Board of Pesticides Control Special Fund. [PL 1997, c. 454, §9 (AMD).]

3. Records; reporting. Any person who distributes general use pesticides to licensed general use pesticide dealers in the State shall keep and maintain records of these sales for annual reporting purposes. These annual reports must include the names of all licensed general use pesticide dealers to whom general use pesticides were distributed, the names of the pesticides, the United States Environmental Protection Agency registration number and the quantity sold. These records must be kept for 2 years after the end of the calendar year. For the purposes of this subsection, "distributes" means sells, ships or delivers general use pesticides to a licensed general use pesticide dealer engaged in retail sales. The board may adopt rules to further clarify who is responsible for reporting under this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 139, §1 (RPR).]

4. Violations; penalty. [PL 1989, c. 93, §2 (NEW); PL 1989, c. 841, §10 (RP).]

5. Exemptions. The following situations are exempt from the provisions of this section. A. Any person may distribute the following products without a general use pesticide dealer license: (1) Household use pesticide products with no more than 3% active ingredients; (2) The following products, which have limited percentages of active ingredients: (a) Dichlorovos (DDVP) impregnated strips with concentrations not more than 25% in resin strips and pet collars; (3) The following products with unlimited percentages of active ingredients: (a) Pet supplies such as shampoos, tick and flea collars and dusts; (b) Disinfectants, germicides, bactericides and virucides; (c) Insect repellents; (d) Indoor and outdoor animal repellents; (e) Moth flakes, crystals, cakes and nuggets; (f) Indoor aquarium supplies; (g) Swimming pool supplies; (h) Pediculocides and mange cure on humans; (i) Aerosol products; and (j) General use paints, stains, and wood preservatives and sealants. [RR 2021, c. 2, Pt. B, §92 (COR).] B. The board may promulgate rules to exempt the sale of additional general use pesticide products from the dealer licensing provisions of this section. [PL 1989, c. 93, §2 (NEW).] [RR 2021, c. 2, Pt. B, §92 (COR).]
22 M.R.S. § 3521 — ME Code / Title 22 / Subtitle 3 / Chapter 960 / Section 3521
22 §3521. Medical eye care program
Status: in_force

The department shall provide medical eye services, within the amounts appropriated by the Legislature, including corrective glasses, to individuals who have an annual income not exceeding 80% of the State's median income adjusted for family size and who have: [PL 1999, c. 790, Pt. B, §3 (NEW).]

1. Eye disorder. A significant eye disorder that, if untreated, may progress to blindness; or [PL 1999, c. 790, Pt. B, §3 (NEW).]

2. Visual acuity of 20/70 or worse. A visual acuity after correction of 20/70 or worse in the better eye. [PL 1999, c. 790, Pt. B, §3 (NEW).]

The department shall, after hearing, in a manner consistent with the Maine Administrative Procedure Act, adopt rules governing eligibility, application procedures, services covered and reimbursement procedures, including member responsibility for a $10 copayment for prescriptions; a $10 copayment for an office visit to a physician, optometrist or optician; and a $50 copayment for a hospital procedure or an ambulatory surgical center procedure. The authority to adopt rules granted by this paragraph is deemed to be the same authority granted by former section 3501-B . [PL 2003, c. 20, Pt. K, §13 (AMD).]
22 M.R.S. § 2159 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2159
22 §2159. Articles detained, embargoed and condemned
Status: in_force

Whenever a duly authorized agent of the Commissioner of Agriculture, Conservation and Forestry finds or has reason to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this subchapter, the duly authorized agent of the commissioner may issue an order detaining or embargoing that food to any person in possession or control thereof, and may affix or require the person to whom the order is directed to affix to the article a tag or other appropriate marking, giving notice that the article is or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. A person may not remove or dispose of the detained or embargoed article by sale or otherwise without permission of the agent or the court. Orders relating to detention and embargo issued pursuant to this chapter may not be considered licensing or an adjudicatory proceeding, as those terms are defined by Title 5, chapter 375 . [RR 2021, c. 2, Pt. B, §122 (COR).]

When an article detained or embargoed under the preceding paragraph has been found by an authorized agent of the commissioner to be adulterated or misbranded, the agent shall petition the proper officer of the District Court or Superior Court in whose jurisdiction the article is detained or embargoed for a libel for condemnation of the article. When the authorized agent has found that an article that was detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking. [RR 2021, c. 2, Pt. B, §123 (COR).]

If the court finds that a detained or embargoed article is adulterated or misbranded, the article must, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of the authorized agent, and all court costs and fees, and storage and other proper expenses, must be taxed against the claimant of the article or the claimant's agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that the article is labeled or processed, has been executed, may by order direct that the article be delivered to the claimant thereof for labeling or processing under the supervision of an authorized agent of the commissioner. The expense of such supervision must be paid by the claimant. The bond must be returned to the claimant of the article on representation to the court by the commissioner that the article is no longer in violation of this subchapter and that the expenses of such supervision have been paid. [RR 2021, c. 2, Pt. B, §124 (COR).]

Whenever the commissioner or any of the commissioner's authorized agents finds in any room, building, vehicle of transportation or other structure any meat, seafood, poultry, vegetable, fruit or other perishable articles that are unsound or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the same being declared to be a nuisance, the commissioner or the commissioner's authorized agent shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food. In the event that any food found on any vehicle of transportation is detained, embargoed, condemned or destroyed under any of the provisions of this section by the commissioner or the commissioner's authorized agents, the commissioner shall forthwith notify the consignor, consignee and the carrier of the action taken and the amount and kind of goods detained, embargoed, condemned or destroyed. [RR 2009, c. 2, §52 (COR).]
22 M.R.S. § 3811 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3811
22 §3811. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 654, §1 (NEW).]

1. Assistance unit. "Assistance unit" means the individuals whose need the department considers when determining whether an applicant or recipient is eligible for program benefits. [PL 1993, c. 654, §1 (NEW).]

1-A. Caretaker relative. "Caretaker relative" as defined by rules adopted by the department means any person, regardless of age, who applies for and receives assistance on behalf of a dependent child. [PL 2001, c. 551, §1 (NEW).]

2. Obligor. "Obligor" means an individual who receives an overpayment or an adult individual who is a member of an assistance unit that receives an overpayment. [PL 1993, c. 654, §1 (NEW).]

3. Overpayment. "Overpayment" means program benefits that exceed the amount of program benefits for which an individual or assistance unit is eligible when the department or a court has determined that the benefits were provided as a result of an intentional program violation, an unintentional error by the individual or household or an error by the department. "Overpayment" does not include an overpayment for medical services by the department pursuant to chapter 855 or municipal general assistance pursuant to chapter 1161 , if the overpayment occurred due to an unintentional error by the individual or household or an error by the department or by the municipality in the case of municipal general assistance under chapter 1161 . [PL 2011, c. 687, §11 (AMD).]

4. Program benefits. "Program benefits" means money payments or food coupons issued by the department pursuant to an application for benefits made by an individual to Aid to Families with Dependent Children established in former chapter 1053, the Supplemental Nutrition Assistance Program established in chapter 851 or the Temporary Assistance for Needy Families program established in chapter 1053‑B , or money payments or vouchers issued by a municipal general assistance program established pursuant to chapter 1161 , or payments for medical services issued by the department pursuant to the MaineCare program established pursuant to chapter 855 . [PL 2023, c. 405, Pt. C, §12 (AMD).]
22 M.R.S. § 2707 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2707
22 §2707. Evidentiary character of vital records
Status: in_force

Any certificate or record of any live birth, marriage, death or fetal death filed under this Title, or a copy thereof duly certified by its official custodian, shall be prima facie evidence of the fact of such birth, marriage, death or fetal death, if not "amended" or "delayed." The probative value of "amended" or "delayed" records shall be determined by the judicial or administrative body or official before whom the certificate is offered in evidence.
22 M.R.S. § 341 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 341
22 §341. Remedy
Status: in_force

Any person aggrieved by a final decision of the department made under the provisions of this Act is entitled to review in accordance with this chapter and with Title 5, chapter 375, subchapter VII . [PL 2001, c. 664, §2 (NEW).]

1. Finality. A decision of the department to issue a certificate of need or to deny an application for a certificate of need is not considered final until the department has taken final action on a request for reconsideration under section 340 . A decision by the department is not final when opportunity for reconsideration exists with respect to matters involving new information or changes in circumstances pursuant to section 340, subsection 2, paragraphs A and B . [PL 2001, c. 664, §2 (NEW).]

2. Competitive reviews. If a person or persons file for review under Title 5, chapter 375 , regarding competitive reviews of proposals to construct new nursing facility beds, the court shall require the party seeking judicial review to give security in such sums as the court determines proper for the payment of costs and damages that may be incurred or suffered by any other party who is found to have been wrongfully delayed or restrained from proceeding to implement the certificate of need, except that, for good cause shown and recited in the order, the court may waive the giving of security. A surety upon a bond or undertaking under this subsection submits the surety to the jurisdiction of the court and irrevocably appoints the clerk of the court as the agent for the surety upon whom any papers affecting liability on the bond or undertaking may be served. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall mail copies to the persons giving the security if their addresses are known. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 1686-A — ME Code / Title 22 / Subtitle 2 / Chapter 270-B / Section 1686-A
22 §1686-A. Eating establishments that permit consumption of alcoholic beverages
Status: in_force

Any eating establishment regardless of the number of seats that permits on-premises consumption of alcoholic beverages is bound by section 1686 , regarding the provision of a toilet facility. An eating establishment that has a seating capacity of 40 or fewer persons is required to have at least one toilet facility but may not be required to have more than one toilet facility. [PL 2011, c. 242, §1 (AMD).]
22 M.R.S. § 1711-F — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-F
22 §1711-F. Transfer of member health care information by MaineCare program for purpose of diagnosis, treatment or care
Status: in_force

The MaineCare program established under chapter 855 may transfer member health care information to a health care practitioner or health care facility for the purpose of diagnosis, treatment or care of the member through an electronic health information exchange in accordance with this section. [PL 2009, c. 387, §3 (NEW).]

1. Definitions. For the purposes of this section, "health care facility" has the same meaning as in section 1711‑C, subsection 1, paragraph D and "health care practitioner" has the same meaning as in section 1711‑C, subsection 1, paragraph F . [PL 2009, c. 387, §3 (NEW).]

2. Individual protection mechanism. The department shall provide an individual protection mechanism for MaineCare members by which an individual may prohibit a health information exchange from disclosing the individual's health care information to a health care practitioner or health care facility. [PL 2009, c. 387, §3 (NEW).]

3. Health care information subject to other laws, rules and regulations. Health care information that is subject to the provisions of 42 United States Code, Section 290dd‑2 (Supplement 1998); chapters 710‑B and 711 ; Title 5, section 200‑E ; Title 5, chapter 501 ; Title 24 or 24‑A ; Title 34‑B, section 1207 ; Title 39‑A ; or other confidentiality provisions of state or federal law, rule or regulation is governed solely by those provisions. [PL 2009, c. 387, §3 (NEW).]
22 M.R.S. § 3740-C — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3740-C
22 §3740-C. Affordable child care implementation plan
Status: in_force

The department, in consultation with the Office of Child and Family Services, the Children's Cabinet, established under Title 5, section 19131, subsection 1 , and the council, shall develop, in accordance with this section, a phased implementation plan with benchmarks for limiting child care costs by 2030 to no more than 7% of a family's income for a family earning up to 250% of the median family income in the State. The implementation plan must focus on children and families that are the furthest from opportunity, as determined by family income, must include recommended targeted supports for providers serving children who are underserved and must emphasize greater racial equity. The implementation plan must include: [PL 2023, c. 412, Pt. VVV, §8 (NEW).]

1. Phased approach. A phased approach with benchmarks that gradually increases eligibility based on income until 2030; [PL 2023, c. 412, Pt. VVV, §8 (NEW).]

2. Copayments. A graduated system of copayments to eliminate the benefit cliff effect as defined in Title 26, section 3801, subsection 1 for families and to limit the amount a family pays for child care; [PL 2023, c. 412, Pt. VVV, §8 (NEW).]

3. Cost modeling. Payment rates informed by a cost modeling tool that includes providing a living wage to licensed child care providers; [PL 2023, c. 412, Pt. VVV, §8 (NEW).]

4. Expanded access. Expanded access to a child care subsidy by developing a model to enable the department to provide contracted slots to programs that service a family using the child care subsidy; and [PL 2023, c. 412, Pt. VVV, §8 (NEW).]

5. Strategy. A strategy, a budget, revenue recommendations and a timeline to achieve the goals of this section. [PL 2023, c. 412, Pt. VVV, §8 (NEW).]
22 M.R.S. § 7854 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7854
22 §7854. Fees for licensure
Status: in_force

The department shall charge annual fees for licensure of residential care facilities and assisted living facilities as follows: [PL 2023, c. 176, §25 (AMD).]

1. Fees for residential care facility. Ten dollars per licensed bed for a residential care facility; and [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Fees for assisted living facilities. Two hundred dollars for an assisted living facility. [PL 2023, c. 176, §25 (AMD).]
22 M.R.S. § 1831 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1831
22 §1831. Patient referrals
Status: in_force

1. Provision of information. In order to provide for informed patient or resident decisions, a hospital or nursing facility shall provide a standardized list of licensed providers of care and services and available physicians for all patients or residents prior to discharge for whom home health care, hospice care, acute rehabilitation care, a hospital swing bed as defined in section 328, subsection 15 or nursing care is needed. The list must include a clear and conspicuous notice of the rights of the patient or resident regarding choice of providers. A. For all patients or residents requiring home health care or hospice care, the list must include all licensed home health care and hospice providers that request to be listed and any branch offices, including addresses and phone numbers, that serve the area in which the patient or resident resides. [PL 2013, c. 214, §1 (AMD).] B. For all patients or residents requiring nursing facility care or a hospital swing bed, the list must include all appropriate facilities that request to be listed that serve the area in which the patient or resident resides or wishes to reside and the physicians available within those facilities that request to be listed. [PL 2013, c. 214, §1 (AMD).] C. The hospital or nursing facility shall disclose to the patient or resident any direct or indirect financial interest the hospital or nursing facility has in the nursing facility or home health care provider. [PL 1997, c. 337, §1 (NEW).] [PL 2013, c. 214, §1 (AMD).]

2. Rulemaking. The department shall establish by rule guidelines necessary to carry out the purposes of this section, including but not limited to the standardized list referenced in subsection 1 and contact information for the long-term care ombudsman program under section 5107‑A . Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 214, §1 (AMD).]
22 M.R.S. § 2389 — ME Code / Title 22 / Subtitle 2 / Chapter 558 / Section 2389
22 §2389. Illegal transportation of drugs by minor
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Drug" means a schedule W, X, Y or Z drug as defined in Title 17‑A, section 1102 . [PL 1997, c. 382, §1 (NEW).] B. "Minor" means a person who has not attained 21 years of age. [PL 1997, c. 382, §1 (NEW).] [PL 1997, c. 382, §1 (NEW).]

2. Minor may not transport drugs. Unless possession of the drug is expressly authorized by this Title or Title 32 , a minor may not: A. Knowingly transport or knowingly permit to be transported a drug in a motor vehicle under the minor's control; [PL 2003, c. 452, Pt. K, §19 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having previously violated this subsection; or [PL 2003, c. 452, Pt. K, §19 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Violate paragraph A after having previously violated this subsection 2 or more times. [PL 2003, c. 452, Pt. K, §19 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §19 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Violation. A minor who violates this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged. A forfeiture of not less than $200 must be adjudged for a 2nd offense and a forfeiture of not less than $400 must be adjudged for a 3rd or subsequent offense, none of which may be suspended. [PL 1997, c. 382, §1 (NEW).]

4. License suspension. The court shall suspend the operator's license or right to operate or right to obtain a license of a minor found in violation of this section as follows: A. Thirty days for the first offense; [PL 1997, c. 382, §1 (NEW).] B. Ninety days for the 2nd offense; and [PL 1997, c. 382, §1 (NEW).] C. One year for any subsequent offense. [PL 1997, c. 382, §1 (NEW).] The court shall immediately forward the license to the Secretary of State together with the record of adjudication. Immediately upon receipt of the record, the Secretary of State shall suspend the license or right to operate or right to obtain a license of the minor for the required period without further hearing. The Secretary of State shall also assign demerit points according to Title 29‑A, section 2458, subsection 3 . [PL 1997, c. 382, §1 (NEW).]

5. Execution of suspension stayed during appeal. If any person adjudicated to be in violation of this section appeals from the judgment of the trial court, the execution of any suspension imposed on that person's license, right to obtain a license or right to operate a motor vehicle in the State must be stayed pending appeal and begins when and if the judgment is upheld or the appeal is withdrawn. [PL 1997, c. 382, §1 (NEW).]

6. Penalty. If a minor is charged with a violation of this section, the minor may not be charged with a violation of section 2383 or Title 17‑A, chapter 45 . [PL 1997, c. 382, §1 (NEW).]
22 M.R.S. § 1550 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1550
22 §1550. Smoking in outdoor eating areas
Status: in_force

1. Definition. As used in this section, "outdoor eating area" means a patio, deck or other property that is partially enclosed or open to the sky that is permitted for outdoor eating or drinking under the control of an eating establishment, as defined in section 2491, subsection 7 , as long as food or drink is served by the eating establishment to the public for consumption on the premises. [PL 2009, c. 140, §2 (NEW).]

2. Smoking prohibited. Smoking is prohibited in an outdoor eating area if the outdoor eating area or any portion thereof is open and available for dining and beverage service. [PL 2009, c. 140, §2 (NEW).]

3. Notification; request for compliance. An eating establishment with an outdoor eating area shall post signs in accordance with section 1543 , notify its patrons of the prohibition on smoking in outdoor eating areas and request that all persons within an outdoor eating area comply with this section. [PL 2009, c. 140, §2 (NEW).]
22 M.R.S. § 2615-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2615-A
22 §2615-A. Consumer confidence reports
Status: in_force

1. Annual reports to customers. The commissioner shall require each community water system, as defined in section 2660‑B, subsection 2 , to prepare and provide to each customer of the system at least once annually a consumer confidence report, which must include, but is not limited to, the source of drinking water and potential contamination sources, the level of detected regulated contaminants and detected unregulated contaminants for which monitoring is required by the primacy agency, the health risks associated with detected contaminants, the status and notice of public input in the renewal of variances or exemptions, the nature of applicable compliance violations, including remedial action, and access to additional information from the community water system and the United States Environmental Protection Agency's safe drinking water hotline. [PL 1999, c. 77, §1 (NEW).]

2. Reports to State. Each community water system shall mail to the department a copy of the consumer confidence report and a signed certification that the report is accurate and was delivered to each customer of the system. [PL 1999, c. 77, §1 (NEW).]

3. Delivery to customers. Each community water system shall mail a copy of the consumer confidence report to each customer of the system. The Governor may waive the mailing requirement for community water systems serving fewer than 10,000 persons and require those systems to publish the consumer confidence report in a newspaper of general circulation to inform customers that the report will not be mailed and to make the report available upon request. If the Governor waives the mailing requirement for systems serving fewer than 10,000 persons, community water systems serving 500 or fewer persons have the option of posting the consumer confidence report in an appropriate public location. Each community water system serving 100,000 or more persons shall also post its current year's report to a publicly accessible site on the Internet. [PL 1999, c. 77, §1 (NEW).]

4. Rulemaking. The commissioner shall adopt rules establishing the requirements with respect to the form, content and delivery of consumer confidence reports under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 77, §1 (NEW).]
22 M.R.S. § 1718-J — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-J
22 §1718-J. Prohibition of collection actions for noncompliance with good faith estimate requirements for uninsured or self-pay patients
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Collection action" means any of the following actions: (1) Attempting to collect a debt from a patient or patient guarantor by referring the debt directly or indirectly to a debt collector, collection agency or other 3rd party retained by or on behalf of a health care entity; (2) Suing the patient or patient guarantor or enforcing an arbitration or mediation clause in any health care entity documents, including contracts, agreements, statements and bills; or (3) Directly or indirectly causing a report to be made to a consumer reporting agency. [PL 2023, c. 584, Pt. A, §4 (NEW).] B. "Collection agency" has the same meaning as "debt collector" has in Title 32, section 11002, subsection 6 . [PL 2023, c. 584, Pt. A, §4 (NEW).] C. "Consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to 3rd parties. "Consumer reporting agency" includes any person defined in 15 United States Code, Section 1681a(f). "Consumer reporting agency" does not include any business entity that exclusively provides check verification or check guarantee services. [PL 2023, c. 584, Pt. A, §4 (NEW).] D. "Health care entity" has the same meaning as in section 1718‑B, subsection 1, paragraph B . [PL 2023, c. 584, Pt. A, §4 (NEW).] E. "Items or services" means all items and services, including individual items and services and service packages, that are provided by a health care entity to a patient in connection with an inpatient admission or an outpatient visit for which the patient is charged. [PL 2023, c. 584, Pt. A, §4 (NEW).] F. "Patient guarantor" means the individual held responsible for a patient's bill. [PL 2023, c. 584, Pt. A, §4 (NEW).] [PL 2023, c. 584, Pt. A, §4 (NEW).]

2. Failure to comply with good faith estimate requirements; relief from collection action. A health care entity that has not provided a good faith estimate in material compliance with section 1718‑C, subsection 1 on the date that items or services are purchased by a patient or provided to a patient may not initiate or pursue a collection action against the patient or patient guarantor for a debt owed for the items or services. Unless a health care entity can demonstrate that the health care entity provided a good faith estimate to the patient as requested, the health care entity or hospital may not further pursue a collection action against the patient or patient guarantor. [PL 2023, c. 584, Pt. A, §4 (NEW).]
22 M.R.S. § 751 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 751
22 §751. Purposes -- Article I
Status: in_force

The purposes of this compact are to: [PL 1967, c. 226 (NEW).]

1. Promote protection. Promote the radiological health protection of the public and individuals within the party states; [PL 1967, c. 226 (NEW).]

2. Mutual aid. Provide mutual aid and assistance in radiological health matters including, but not limited to, radiation incidents; [PL 1967, c. 226 (NEW).]

3. Personnel and equipment. Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 3736-A — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3736-A
22 §3736-A. Head Start eligibility; contract requirements
Status: in_force

1. Eligibility. A Head Start program service provider shall provide Head Start program services to a child up to 5 years of age who: A. Is at risk or whose family is at risk; and [PL 2023, c. 412, Pt. VVV, §4 (NEW).] B. Lives in a family with an income at or below 185% of the federal poverty level. [PL 2023, c. 412, Pt. VVV, §4 (NEW).] For the purposes of this subsection, "at risk" means affected by homelessness, substance use disorder, sexual or physical abuse or a mental health condition that affects the emotional, mental or physical health of a child. "At risk" also means being or having been involved in the child welfare system or having a disability. [PL 2023, c. 412, Pt. VVV, §4 (NEW).]

2. Contract requirements. The Department of Health and Human Services shall specify by contract how the funding is to be apportioned among Head Start grantees based on need. Head Start grantees shall report annually to the department on use of the funding. [PL 2023, c. 412, Pt. VVV, §4 (NEW).]
22 M.R.S. § 2161 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2161
22 §2161. Storage and transportation of frozen foods
Status: in_force

No person, firm or corporation engaged in the business of freezing, storing or transporting frozen foods shall store or transport such foods within this State unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under temperatures and holding conditions approved by the Commissioner of Agriculture, Conservation and Forestry. [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

The commissioner may, in a manner consistent with the Maine Administrative Procedure Act, after public hearings, make reasonable regulations for the storing and transportation of frozen foods, including temperature control, sanitation and other matters in accordance with recognized standards necessary for the protection of public health and the preservation of such foods in wholesome condition. [PL 1977, c. 694, §349 (AMD).]

Any person, firm or corporation who shall violate this section or any regulation made hereunder shall be punished by a fine of not more than $100 for the first offense, and by a fine of not less than $100 nor more than $500 for each subsequent offense.

Nothing in this section shall be construed to apply to delivery by a retailer to the home of the purchaser.
22 M.R.S. § 1322 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1322
22 §1322. Child occupants
Status: in_force

A person may not knowingly rent a dwelling that has been posted and ordered cleared of harmful lead-based substances in accordance with section 1321 , except when waived by the department in accordance with this section. In circumstances where the presence of lead-based paint or building materials is unsuspected and becomes known when the dwelling is already rented to a family with children, the family of the children may not be evicted for that reason and the owner and occupant of the dwelling must be given written notice by the department advising of the existence of lead-based substances in the dwelling and ordering that within 30 days the lead-based substances be removed, replaced or securely and permanently covered. [PL 2023, c. 270, §1 (AMD).]

Until the owner brings any residential dwelling or premises into compliance with this Act while a tenant is occupying a dwelling unit, the owner shall move the tenant to a substitute dwelling unit upon reasonable notice. The department may, on a case-by-case basis, waive this requirement if the department determines that the implementation of actions to reduce lead exposure or interim controls sufficiently protects the residents of the unit until full abatement is achieved. Pursuant to section 1321, subsection 3‑A , the department may order the owner to implement lead exposure reduction actions or interim controls as determined by the department with reasonable notice. The owner shall pay reasonable moving expenses and any use and occupancy charges for a substitute dwelling unit that exceed the rent for the vacated dwelling unit for which the tenant remains responsible. "Substitute dwelling unit" means a dwelling unit of like or similar accommodation and in like or similar location that is lead-safe. If the tenant fails to accept the substitute dwelling unit selected by the owner while the owner is required to bring the vacated dwelling unit into compliance with this Act or the tenant fails to remain current in rent pursuant to the lease or tenancy at will under Title 14, section 6002 , including the statutory period of right to cure, the owner is not obligated beyond 10 days after completion of remediation to reimburse the tenant for any expense or inconvenience other than moving expenses and any use and occupancy charges for the substitute dwelling unit selected by the owner that exceed the rent for the vacated dwelling unit. [PL 2023, c. 82, §2 (AMD).]

The department may, on a case-by-case basis, waive the prohibition on renting and permit the owner of an owner-occupied residential dwelling of 3 dwelling units or fewer for which lead-based substances have been ordered to be removed, replaced or securely and permanently covered in accordance with section 1321 to rent a vacant unit or units in that residential dwelling before full abatement of the dwelling is achieved if the department determines that residents may be sufficiently protected from lead-based substances in the dwelling. [PL 2023, c. 270, §1 (NEW).]
22 M.R.S. § 3731-A — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3731-A
22 §3731-A. Maine Child Care Affordability Program
Status: in_force

The Maine Child Care Affordability Program is established in the department to provide child care subsidies under this chapter in accordance with the principles described under section 3732 to support the high-quality child care needs of children and working families while also providing a living wage to early childhood educators. Eligibility for child care subsidies under the Maine Child Care Affordability Program must be determined in accordance with this chapter and rules adopted pursuant to this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. VVV, §1 (NEW).]

1. State funding to support eligible families. Other Special Revenue Funds allocated for the purposes of supporting the Maine Child Care Affordability Program may be used to support any eligible family. [PL 2023, c. 643, Pt. RRR, §1 (NEW).]

2. Federal funding. The department shall maximize federal funding available for child care and may not supplant federal funding with general funds. [PL 2023, c. 643, Pt. RRR, §2 (NEW).]
22 M.R.S. § 8701 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8701
22 §8701. Declaration of purpose
Status: in_force

It is the intent of the Legislature that uniform systems of reporting health care information be established; that all providers and payors who are required to file reports do so in a manner consistent with these systems; and that, using the least restrictive means practicable for the protection of privileged health care information, public access to those reports be ensured. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]
22 M.R.S. § 1534 — ME Code / Title 22 / Subtitle 2 / Chapter 261-A / Section 1534
22 §1534. Cytomegalovirus screening
Status: in_force

1. Cytomegalovirus screening. The department shall establish a cytomegalovirus screening program for newborn infants. [PL 2021, c. 698, §1 (NEW).]

2. Religious objection exemption. The department may not require that a newborn infant be tested for the presence of cytomegalovirus if the parents of that infant object on the grounds that a test conflicts with their religious tenets and practices. [PL 2021, c. 698, §1 (NEW).]

3. Report. A health care provider that tests or causes to be tested a newborn infant pursuant to this section shall report to the department aggregate data, including the number of infants born, the number tested for cytomegalovirus, the results of the screening and testing and the type of screening sample used. [PL 2021, c. 698, §1 (NEW).]

4. Public education. The department shall provide public educational resources to pregnant individuals and individuals who may become pregnant that include information regarding the incidence of cytomegalovirus, the transmission of cytomegalovirus during and before pregnancy, birth defects caused by congenital cytomegalovirus, methods of diagnosing congenital cytomegalovirus, available preventive measures and resources for the family of an infant born with congenital cytomegalovirus. The department may solicit and accept the assistance of relevant medical associations or community resources to develop, promote and distribute the public educational resources. [PL 2021, c. 698, §1 (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 . In developing rules to implement the requirements of this section, the department shall convene a group of medical professionals to advise on best practices in congenital cytomegalovirus screening. [PL 2021, c. 698, §1 (NEW).]
22 M.R.S. § 1718-E — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-E
22 §1718-E. Prohibition on fees for transferring a patient or a patient's medical records
Status: in_force

A health care entity, as defined in section 1718‑B, subsection 1, paragraph B , may not require any fee or other payment from any patient for the transfer of a patient between health care entities or for the transfer of any medical records related to a patient between health care entities unless the fee or other payment is disclosed to the patient and is directly related to the costs associated with establishing the patient as a patient of the health care entity or transferring that patient's medical records. This section does not prohibit the use of current procedural technology codes used by the American Medical Association for new office visits that include the cost of care. [PL 2019, c. 670, §2 (NEW).]
22 M.R.S. § 3034 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3034
22 §3034. Missing persons
Status: in_force

1. Files; information. The Office of Chief Medical Examiner shall maintain files on missing persons sufficient for the purpose of identification when there is reason to suspect that those persons may not be found alive. These files may include such material as medical and dental records and specimens, details of personal property and physical appearance, samples of hair, fingerprints and specimens that may be useful for identification. The Chief Medical Examiner may require hospitals, physicians, dentists and other medical institutions and practitioners to provide information, samples and specimens. A person participating in good faith in the provision of the information, samples or specimens under this section is immune from any civil or criminal liability for that act or for otherwise cooperating with the Chief Medical Examiner. [PL 1991, c. 339, §5 (NEW).]

2. Confidentiality; disclosure. Except as provided in subsection 5 , all information and materials gathered and retained pursuant to this section must be used solely for the purposes of identification of deceased persons and persons found alive who are unable to identify themselves because of mental or physical impairment. The files and materials are confidential, except that compiled data that does not identify specific individuals may be disclosed to the public. Upon the identification of a deceased person, those records and materials used for the identification may become part of the records of the Office of Chief Medical Examiner and may then be subject to public disclosure as pertinent law provides. [PL 2011, c. 524, §2 (AMD).]

3. Reporting of missing persons. Missing persons may be reported directly to the Office of Chief Medical Examiner by interested parties. Law enforcement agencies or other public agencies that receive reports of missing persons, or that gain knowledge of missing persons, shall report that information to the Office of Chief Medical Examiner. Law enforcement agencies shall report all attempts to locate missing persons to the Office of Chief Medical Examiner. All absences without leave by individuals from state institutions must also be reported to the Office of Chief Medical Examiner when there exists a reasonable possibility of harm to that individual. [PL 1991, c. 339, §5 (NEW).]

4. Cooperation. All state and law enforcement agencies and public and private custodial institutions shall cooperate with the Office of Chief Medical Examiner in reporting, investigating, clearing and gathering further information and materials on missing persons. [PL 1991, c. 339, §5 (NEW).]

5. Release to assist in search. The Office of Chief Medical Examiner may release confidential information and materials about a missing person that are gathered and retained pursuant to this section if the Chief Medical Examiner determines that such release may assist in the search for the missing person. [PL 2011, c. 524, §3 (NEW).]
22 M.R.S. § 2611 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2611
22 §2611. Drinking water regulations
Status: in_force

1. State primary drinking water regulations. The commissioner shall promulgate and enforce primary drinking water regulations which are necessary to protect the public health and which shall apply to all public water systems. Such regulations shall include: A. Identification of contaminants which may have an adverse effect on the health of persons; [PL 1975, c. 751, §4 (NEW).] B. Specifies for each contaminant either: (1) A maximum contaminant level that is acceptable in water for human consumption, if it is feasible to ascertain the level of such contaminant in water in public water systems; or (2) One or more treatment techniques or methods which lead to a reduction of the level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the level of such contaminant in water in the public water system; and [PL 1975, c. 751, §4 (NEW).] C. Criteria and procedures to assure compliance with the levels or methods determined under paragraph B , including quality control and testing procedures to insure compliance with such levels or methods and to insure proper operation and maintenance of the system, and requirements as to the minimum quality of water which may be taken into the system and the siting for new facilities. [PL 1975, c. 751, §4 (NEW).] Such regulations shall be no less stringent than the most recent National Primary Drinking Water Regulations in effect, as issued or promulgated by the United States Environmental Protection Agency. Regulations under this subsection may be amended from time to time, as necessary. [PL 1975, c. 751, §4 (NEW).]

2. State secondary drinking water regulations or guidelines. The commissioner shall adopt secondary drinking water regulations or guidelines which are necessary to protect the public welfare. Such regulations or guidelines may apply to any contaminant in drinking water which may adversely affect the color, odor or appearance of the water and consequently may cause a substantial number of persons to discontinue using a public water system, or which may otherwise adversely affect the public welfare. Such regulations or guidelines may vary according to geographic, economic, technical or other relevant circumstances. Such regulations or guidelines shall reasonably assure the protection of the public welfare and the supply of aesthetically adequate drinking water; and shall be based upon the National Secondary Drinking Water Regulations promulgated by the United States Environmental Protection Agency. Regulations or guidelines under this subsection may be amended from time to time, as necessary. [PL 1975, c. 751, §4 (NEW).]

3. Procedure for adopting or amending regulations or guidelines. [PL 1977, c. 694, §364 (RP).]
22 M.R.S. § 462 — ME Code / Title 22 / Subtitle 2 / Chapter 153 / Section 462
22 §462. Assistance if obstructed in duty
Status: in_force

Any health officer or other person employed by the local health officer may, when obstructed in the performance of the person's duty, call for assistance from a law enforcement officer. [PL 1989, c. 487, §10 (AMD).]
22 M.R.S. § 1685 — ME Code / Title 22 / Subtitle 2 / Chapter 270-B / Section 1685
22 §1685. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 8, §2 (NEW).]

1. Eating establishment. "Eating establishment" means an eating establishment licensed by the Department of Health and Human Services under chapter 562 which prepares and serves food to the public for consumption inside the premises. "Eating establishment" does not include catering establishments, establishments dispensing food solely from vending machines, pushcarts and mobile eating places, roadside stands, retail frozen dairy product establishments or any other such places where customers do not consume food inside the building where the food is prepared and served. [PL 1987, c. 8, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2430-L — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-L
22 §2430-L. Compliance check
Status: in_force

Notwithstanding section 2430‑K and in accordance with section 2430‑C, subsection 6‑A , the department, or an agent of the department, may enter the premises of a caregiver retail store or a dispensary to conduct a compliance check of the operation of the store or dispensary by attempting to purchase a nominal amount of cannabis for medical use. The department, or its agent, is not required to identify affiliation with the department. Evidence of a violation of this chapter or rules adopted pursuant to this chapter must be handled pursuant to section 2430‑I . [PL 2023, c. 365, §23 (NEW).]
22 M.R.S. § 2084 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2084
22 §2084. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 308, §1 (NEW).]

1. Bureau. "Bureau" means the Bureau of Insurance. [PL 1993, c. 308, §1 (NEW).]

2. Facility. "Facility" means any sole proprietorship, partnership, firm, corporation or other business that provides health services. [PL 1993, c. 308, §1 (NEW).]

3. Group practice. "Group practice" means a group of 2 or more health care practitioners legally organized as a partnership, professional corporation, nonprofit corporation or similar association in which: A. Each health care practitioner who is a member, an employee or an independent contractor of the group provides substantially the full range of services that the health care practitioner routinely provides, including consultation, diagnosis or treatment, through the use of office space, facilities, equipment or personnel of the group; [PL 1993, c. 308, §1 (NEW).] B. The services of the health care practitioners are provided through the group and payments received for health services are treated as receipts of the group; and [PL 1993, c. 308, §1 (NEW).] C. The overhead expenses and the income from the practice are distributed by methods previously determined by the group. [PL 1993, c. 308, §1 (NEW).] [PL 1993, c. 308, §1 (NEW).]

4. Health care practitioner. "Health care practitioner" means an individual regulated under the laws of this State to provide health services. "Health care practitioners" include, without limitation, acupuncturists, chiropractors, dentists, dental hygienists, nurses, occupational therapists, optometrists, pharmacists, physical therapists, physicians including allopathic and osteopathic physicians, physician associates, podiatrists, psychologists, clinical social workers, speech therapists and audiologists or hearing aid dealers and examiners. [PL 1993, c. 308, §1 (NEW); PL 2025, c. 316, §3 (REV).]

5. Health services. "Health services" means diagnosis, treatment and rehabilitative services for an injured, disabled or sick person. [PL 1993, c. 308, §1 (NEW).]

6. Immediate family member. "Immediate family member" means a health care practitioner's parent, spouse, child or child's spouse. [PL 1993, c. 308, §1 (NEW).]

7. Investment interest. "Investment interest" means an equity or debt security issued by a facility, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes or other equity interests or debt instruments, except that investment interest does not include interest in a hospital licensed under state law. [PL 1993, c. 308, §1 (NEW).]

8. Investor. "Investor" means an individual who owns, whose immediate family owns or who directly or indirectly owns a controlling interest in another facility that owns an investment interest in a facility that provides health services. [PL 1993, c. 308, §1 (NEW).]

9. Office practice. "Office practice" includes the facility or facilities at which a health care practitioner, on a regular basis, provides or supervises the provision of professional health services to individuals. [PL 1993, c. 308, §1 (NEW).]

10. Referral. "Referral" means a referral of a patient for health services, including, without limitation: A. The forwarding of a patient by one health care practitioner to another health care practitioner or a facility outside the health care practitioner's office practice or group practice that provides health services; or [PL 1993, c. 308, §1 (NEW).] B. The establishment by a health care practitioner of a plan of care outside the health care practitioner's office practice or group practice that includes the provision of any health services. [PL 1993, c. 308, §1 (NEW).] [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 2955 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2955
22 §2955. Coordination of procurement and use
Status: in_force

Each hospital in this State, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 4312 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4312
22 §4312. Unorganized territory
Status: in_force

Residents of the unorganized territory shall be eligible for general assistance in the same manner as provided in this chapter. The commissioner shall establish standards of eligibility for the unorganized territory and shall have the same responsibilities with regard to the unorganized territory as apply to overseers in a municipality. The commissioner may appoint agents to administer the general assistance program within the unorganized territory. All costs of providing general assistance in the unorganized territory shall be charged to the Unorganized Territory Education and Services Fund established under Title 36, chapter 115 , except that costs which the State would reimburse under section 4311 , if the unorganized territory were a municipality, shall be paid by the General Fund. [PL 1985, c. 459, Pt. B, §1 (RPR).]
22 M.R.S. § 1828 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1828
22 §1828. Records; disclosure
Status: in_force

1. Confidential information. The following provisions apply to records that are made, acquired or retained by the department in connection with the administration of the Medicaid program and the licensing or certification of hospitals, nursing homes and other medical facilities and entities. A. Except as provided in Title 5, section 9057 and in subsections 2 and 3 , confidential information may not be released without a court order or a written release from the person whose privacy interest is protected by this section. [PL 1989, c. 175, §2 (NEW).] B. "Confidential information" means any information which directly or indirectly identifies: (1) Any person who makes a complaint to the department; (2) A resident or a recipient of services of any facility or provider licensed or certified by the department; (3) Any recipient of a public welfare program, such as the United States Social Security Act, Title XIX; or (4) Any medical or personal information concerning the individuals listed in subparagraphs (2) and (3). [PL 1989, c. 175, §2 (NEW).] [PL 1989, c. 175, §2 (NEW).]

2. Optional disclosure. The department may disclose relevant confidential information to the extent allowed by federal law and regulation to the following persons or agencies: A. Employees of the department and legal counsel for the department in carrying out their official functions; [PL 1989, c. 175, §2 (NEW).] B. Professional and occupational licensing boards pursuant to chapter 857 ; [PL 1989, c. 175, §2 (NEW).] C. An agency or person investigating a report of abuse or neglect when the investigation is authorized by law or by an agreement with the department; [PL 1989, c. 175, §2 (NEW).] D. A physician treating an individual whom the physician reasonably suspects may have been abused or neglected; [PL 1989, c. 175, §2 (NEW).] E. The resident or recipient of services on whose behalf the complaint was made; or [PL 1989, c. 175, §2 (NEW).] F. A parent, guardian, spouse or adult child of a resident or recipient of services or any other person permitted by the resident or recipient to participate in decisions relating to the resident's or recipient's care. [PL 1989, c. 175, §2 (NEW).] [PL 1989, c. 175, §2 (NEW).]

3. Mandatory disclosure. The department shall disclose relevant confidential information to the extent allowed by federal law and regulations to the following: A. A law enforcement agency investigating a report of abuse or neglect or the commission of a crime by an owner, operator or employee of a facility or provider; or [PL 1989, c. 175, §2 (NEW).] B. Appropriate state or federal agencies when disclosure is necessary to the administration of the Medicaid program. [PL 1989, c. 175, §2 (NEW).] [PL 1989, c. 175, §2 (NEW).]

4. Further disclosure. Information released pursuant to subsections 2 and 3 shall be used solely for the purpose for which it was provided and shall not be further disseminated. [PL 1989, c. 175, §2 (NEW).]