22 M.R.S. § 4176 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4176
22 §4176. Federal participation
Status: in_force

1. Federal payments and aid. Consistent with federal law, the department, in connection with the administration of this chapter and any compact pursuant to this chapter, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E and XIX of the United States Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the Federal Government pays some or all of the cost. The department shall apply for and administer all relevant federal aid, in accordance with law. [PL 1983, c. 721 (NEW).]
22 M.R.S. § 8403 — ME Code / Title 22 / Subtitle 6 / Chapter 1675 / Section 8403
22 §8403. Fire safety
Status: in_force

1. Inspection required. A license may not be issued by the department for a nursery school until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated in Title 25, section 2360 , 2391 or 2392 to make fire safety inspections. [PL 1997, c. 728, §14 (AMD).]

2. Requirements. This written statement must be furnished biennially to the department and must indicate that the nursery school has complied with at least the requirements of the Life Safety Code of the National Fire Protection Association that are specified in: A. The family day care homes section, if the nursery school has at least 3 but no more than 6 children per session; [PL 1997, c. 728, §14 (AMD).] B. The group day care homes section, if the nursery school has at least 7 but no more than 20 children per session; or [PL 1975, c. 709, §2 (NEW).] C. The child day care centers section, if the nursery school has more than 20 children per session. [PL 1975, c. 709, §2 (NEW).] [PL 2005, c. 640, §6 (AMD).]

3. Fees. The department shall establish and pay reasonable fees to the Department of Public Safety or municipal officials for each such inspection. Fees collected by the Department of Public Safety must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1997, c. 728, §14 (AMD).]
22 M.R.S. § 4246 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4246
22 §4246. Jurisdiction
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V .
22 M.R.S. § 3021 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3021
22 §3021. Title
Status: in_force

This chapter shall be referred to as the Medical Examiner Act. [PL 1967, c. 534, §2 (NEW).]
22 M.R.S. § 2613 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2613
22 §2613. Variances and exemptions
Status: in_force

1. Variances. The commissioner may grant one or more variances from an applicable state primary drinking water regulation to a public water system if the variance will not result in an unreasonable risk to the public health and if: A. Because of the characteristics of the raw water sources reasonably available to the systems, the system can not meet the maximum contaminant levels of the drinking water regulation despite application of the best technology, treatment techniques or other means; or [PL 1995, c. 622, §1 (AMD).] B. Where a specified treatment technique for a contaminant is required by the state primary drinking water regulation, the system demonstrates to the commissioner's satisfaction that the treatment technique is not required to protect the public health because of the nature of the raw water source. [PL 1995, c. 622, §1 (AMD).] Prior to granting a variance, the commissioner shall provide an opportunity for public hearing pursuant to the Maine Administrative Procedure Act on the proposed variance. Variances may be conditioned on monitoring, testing, analyzing or other requirements to ensure the protection of the public health; and variances granted under paragraph A must include a compliance schedule under which the public water system will meet each contaminant level for which a variance is granted as expeditiously as is feasible. A variance may be issued to a system on the condition that the system install the best technology, treatment techniques or other means that are available, taking costs into consideration, according to the United States Environmental Protection Agency and based upon an evaluation satisfactory to the commissioner that indicates that alternative sources of water are not reasonably available to the system. [PL 1997, c. 705, §3 (AMD).]

1-A. Small system variances. The commissioner may grant a variance for compliance with a requirement specifying a maximum contaminant level or treatment technique contained in a state primary drinking water regulation to public water systems serving 3,300 or fewer persons. With the approval of the Administrator of the United States Environmental Protection Agency, the commissioner may grant a variance under this subsection to a public water system serving more than 3,300 persons but fewer than 10,000 persons. The commissioner shall adopt rules for variances to be granted 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. 705, §4 (NEW).]

2. Exemptions. The commissioner may grant one or more exemptions from an applicable state primary drinking water regulation to a public water system, if: A. The exemption will not result in an unreasonable risk to the public health; [PL 1975, c. 751, §4 (NEW).] B. The public water system is unable to comply with the regulation or to implement measures to develop an alternative source of water supply due to compelling factors, which may include economic factors such as qualification of the public water system serving a disadvantaged community. For purposes of this paragraph "disadvantaged community" means the service area of a public water system that meets affordability criteria established by the department after public review and comment; [PL 1997, c. 705, §5 (AMD).] C. The public water system was in operation on the earliest effective date under present or prior law of the contaminant level or treatment technique requirement; and [PL 1997, c. 705, §5 (AMD).] D. Management or restructuring changes can not reasonably be made that will result in compliance with this chapter or, if compliance can not be achieved, improve the quality of the drinking water. [PL 1997, c. 705, §5 (NEW).] Prior to implementation of a schedule for compliance with contaminant level or treatment technique requirements and for implementation of control measures, the commissioner shall provide notice and opportunity for public hearing pursuant to the requirements of the Maine Administrative Procedure Act. Each exemption must also be conditioned on monitoring, testing, analyzing or other requirements to ensure the protection of the public health and must include a compliance schedule, including increments of progress or measures to develop an alternative source of water supply, under which the public water system will meet each contaminant level for which an exemption is granted as expeditiously as is feasible. [PL 1997, c. 705, §5 (AMD).]

3. Exemption for water distillers in retail stores. A retail store that distills and bottles water from a public water system and sells the water on the premises is exempt from state water rules except: A. The distiller must be inspected annually by the Department of Agriculture, Conservation and Forestry; and [PL 1991, c. 113 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] B. A bacteriological sample of the distilled water must be submitted to the Department of Health and Human Services at least every 3 months. If the distiller has a one-year history of no coliform bacteria contamination, the Department of Health and Human Services may reduce the frequency of sampling to one sample per year. [PL 1991, c. 113 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1991, c. 113 (NEW); PL 2003, c. 689, Pt. B, §6 (REV); PL 2011, c. 657, Pt. W, §5 (REV).]

3-A. Exemption criteria. An exemption described in subsection 2 may not be granted unless: A. The public water system can not meet the standards without capital improvements that can not be completed within the period of the exemption; [PL 1997, c. 705, §6 (NEW).] B. In the case of a public water system that needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance or assistance pursuant to the state revolving loan fund program or any other federal or state program that is reasonably likely to be available within the period of the exemption; or [PL 1997, c. 705, §6 (NEW).] C. The public water system has entered into an enforceable agreement to become part of a regional public water system and the system is taking practicable steps to meet the standards. [PL 1997, c. 705, §6 (NEW).] [PL 1997, c. 705, §6 (NEW).]

4. Exemption; extended. The exemption described in subsection 2 is effective for up to one year after the date of the issuance of the exemption. A. The final date for compliance provided in any schedule in an exemption may be extended for a period not to exceed 3 years after the date of the issuance of the exemption. [PL 1997, c. 705, §7 (AMD).] B. In the case of a system that does not serve more than 3,300 people and that needs financial assistance for the necessary improvements, an exemption granted may be renewed for one to 3 additional 2-year periods, but may not exceed a total of 6 additional years, if the system establishes that it is taking all practicable steps to meet the requirements established in the exemption. [PL 1997, c. 705, §7 (AMD).] [PL 1997, c. 705, §7 (AMD).]

A public water system may not receive an exemption under this section if the system was granted a variance under subsection 1‑A . [PL 1997, c. 705, §8 (NEW).]
22 M.R.S. § 4256 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4256
22 §4256. Placement authority - Article 6 (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. Approval for placement. Except as provided in subsection 3 , a child subject to this chapter may not be placed into a receiving state until approval for such placement is obtained. [PL 2007, c. 255, §6 (NEW).]

2. Written documentation. If the public child placing agency in the receiving state does not approve the proposed placement, then the child may not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules adopted by the interstate commission. Such determination is not subject to judicial review in the sending state. [PL 2007, c. 255, §6 (NEW).]

3. Placement not approved. If the proposed placement is not approved, any interested party has standing to seek an administrative review of the receiving state's determination. A. The administrative review and any further judicial review associated with the determination must be conducted in the receiving state pursuant to its applicable administrative procedures. [PL 2007, c. 255, §6 (NEW).] B. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement is considered approved, as long as all administrative or judicial remedies have been exhausted or the time for such remedies has passed. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 25 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 25
22 §25. Restrictions of the number of replacement electronic benefits transfer cards
Status: in_force

When the department determines that the number of requests by a recipient of benefits for a replacement electronic benefits transfer card is excessive, the department shall require the recipient or a member of the recipient's household to contact the recipient's local office of the department to provide an explanation for the requests. Upon a 5th request for a replacement card within a 12-month period, the department may not issue a replacement card until the recipient or a member of the recipient's household reports to the recipient's local office of the department to explain the excessive number of replacement requests. [PL 2017, c. 284, Pt. NNNNNNN, §7 (NEW).]
22 M.R.S. § 2768 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2768
22 §2768. Access to original birth certificate by adopted person
Status: in_force

An adopted person, the adopted person's attorney or, if the adopted person is deceased, the adopted person's descendants may obtain a copy of that person's original certificate of birth from the State Registrar of Vital Statistics, referred to in this section as "the state registrar," in accordance with this section. [PL 2007, c. 409, §4 (NEW); PL 2007, c. 409, §6 (AFF).]

1. Requirements. The adopted person must be at least 18 years of age and have been born in this State. [PL 2007, c. 409, §4 (NEW); PL 2007, c. 409, §6 (AFF).]

2. Application. The adopted person must file a written application with and provide appropriate proof of identification to the state registrar. [PL 2007, c. 409, §4 (NEW); PL 2007, c. 409, §6 (AFF).]

3. Issuance of birth certificate and forms. Upon receipt of the written application and proof of identification pursuant to subsection 2 and fulfillment of the requirements of subsection 4 , the state registrar shall issue a noncertified copy of the unaltered original certificate of birth to the applicant. If a contact preference or medical history form has been completed and submitted to the state registrar pursuant to section 2769 , the state registrar also must provide that information. [PL 2007, c. 409, §4 (NEW); PL 2007, c. 409, §6 (AFF).]

4. Fees; waiting period. The state registrar may require a waiting period and impose a fee for the noncertified copy provided pursuant to subsection 3 . The fees and waiting period imposed under this subsection must be identical to the fees and waiting period generally imposed on persons seeking their own birth certificates. [PL 2007, c. 409, §4 (NEW); PL 2007, c. 409, §6 (AFF).]

5. Forms; rules. The state registrar shall develop by rule the data elements required in the contact preference form, medical history form and application form as required by this section and may adopt other rules for the administration of 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. 601, §22 (AMD).]
22 M.R.S. § 4257 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4257
22 §4257. State responsibility - Article 7 (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. Financial responsibility. For the interstate placement of a child made by a public child placing agency or state court: A. The public child placing agency in the sending state has financial responsibility for: (1) The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and (2) As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state; and [PL 2007, c. 255, §6 (NEW).] B. The receiving state only has financial responsibility for: (1) Any assessment conducted by the receiving state; and (2) Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending states. [PL 2007, c. 255, §6 (NEW).] Nothing in this subsection prohibits public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision. [PL 2007, c. 255, §6 (NEW).]

2. Private child placing agency; responsibilities. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency is: A. Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption; and [PL 2007, c. 255, §6 (NEW).] B. Financially responsible for the child absent a contractual agreement to the contrary. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Assessment or supervision conducted. A private child placing agency is responsible for any assessment conducted in the receiving state and any supervision conducted by the receiving state at the level required by the laws of the receiving state or the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

4. Timely assessment. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

5. Supervision; services. The public child placing agency in the receiving state shall provide or arrange for the provision of supervision and services for the child, including timely reports, during the period of the placement. [PL 2007, c. 255, §6 (NEW).]

6. Contract with licensed agency. Nothing in this chapter may be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement. [PL 2007, c. 255, §6 (NEW).]

7. Advisory council. Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and interstate commission activities through the creation of an advisory council or use of an existing body or board. [PL 2007, c. 255, §6 (NEW).]

8. Central state compact office. Each member state shall establish a central state compact office, which is responsible for state compliance with the compact and the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

9. Oversee compliance. The public child placing agency in the sending state shall oversee compliance with the provisions of the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901 et seq. for placements subject to the provisions of this compact, prior to placement. [PL 2007, c. 255, §6 (NEW).]

10. Limited agreements. With the consent of the interstate commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 8822 — ME Code / Title 22 / Subtitle 6 / Chapter 1686 / Section 8822
22 §8822. Program requirements
Status: in_force

1. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. A. "Birth admission" means the time after birth that the newborn remains in the hospital nursery prior to discharge. [PL 1999, c. 647, §2 (NEW).] B. "Board" means the Newborn Hearing Screening Advisory Board. [PL 1999, c. 647, §2 (NEW).] C. "Hearing loss" means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and comprehension in one or both ears. The department may adopt rules to decrease the amount of decibels of hearing loss as technology allows for detection of hearing loss of 15 to 25 decibels in one or both ears. [PL 1999, c. 647, §2 (NEW).] D. "Intervention" or "treatment" means the early intervention services described in the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, Subchapter III, Sections 1431 to 1445, as amended. "Intervention" or "treatment" includes, but is not limited to, audiological, medical or early educational services that provide a choice of methods of communication in a variety of sensory modalities. [PL 1999, c. 647, §2 (NEW).] E. "Parent" means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child. [PL 1999, c. 647, §2 (NEW).] F. "Person who is culturally deaf" means a person with permanent hearing loss who identifies as a member of the deaf community and who utilizes American Sign Language as the primary mode of communication. [PL 1999, c. 647, §2 (NEW).] G. "Person who is hard-of-hearing" or "person who is deaf" means a person with permanent hearing loss who communicates using aural or oral skills for accessing spoken language. [PL 1999, c. 647, §2 (NEW).] [PL 1999, c. 647, §2 (NEW).]

2. Information to parents of children born in hospitals. Beginning November 1, 2000, a hospital shall provide information to the parents of children born in the hospital regarding the importance of screening the hearing of newborns and of receiving follow-up care. The information must explain the process of hearing screening, the likelihood of a child having a hearing loss, follow-up procedures and community resources and must include a description of the normal auditory, speech and language development process in children. The hospital must provide information about hearing screening that may be provided at the hospital or coordinated, scheduled or arranged for by the hospital. The program must provide this information prior to discharge from the birth admission to the hospital or within 3 months of discharge. [PL 1999, c. 647, §2 (NEW).]

3. Information to parents of children born outside of hospitals. By November 1, 2002, when a newborn is delivered in a facility other than a hospital, the department shall provide information to the parents on the merits of having the hearing screening performed and on the availability of the hearing screening within 3 months of the date of birth. [PL 1999, c. 647, §2 (NEW).]

4. Guidelines for services for children with hearing loss and at-risk children. The department, after consultation with the board, shall establish guidelines for the provision of follow-up services for newborn children in the State who are identified as having or being at risk of developing hearing loss. These services must include, but are not limited to, diagnostic audiologic assessment, counseling and educational services for the parents and an explanation of the potential effects of the identified hearing loss on the development of the newborn's speech, language and cognitive skills as well as the potential benefits of early identification and use of spoken or sign language. [PL 1999, c. 647, §2 (NEW).]

4-A. Follow-up appointment with an audiologist. Upon the approval of a parent or legal guardian of a newborn who is screened and receives a screening result of "refer," the birthing hospital, birthing center, hospital or other medical facility in which the child was screened must schedule the newborn for a follow-up appointment with an audiologist. That follow-up appointment must be scheduled prior to discharge, when possible. The hospital, center or facility must notify the newborn's primary care provider in writing of the screening result and audiologist appointment. This notice must be prepared prior to discharge, when possible. [PL 2007, c. 646, §1 (NEW).]

5. Reporting. Beginning January 1, 2003, every hospital and other location providing birthing services shall report annually to the department concerning the following: A. The number of newborns born in the hospital or location, the number screened at birth admission and the number of newborns who passed and did not pass the screening; [PL 1999, c. 647, §2 (NEW).] B. The number of newborns and infants who participated in follow-up rescreening at that hospital or location and the number who passed the rescreening; [PL 1999, c. 647, §2 (NEW).] C. The number of newborns recommended for monitoring, intervention and follow-up care; [PL 1999, c. 647, §2 (NEW).] D. The number of newborns and infants recommended for diagnostic audiologic evaluation; and [PL 1999, c. 647, §2 (NEW).] E. The number of newborns whose parents declined screening. [PL 1999, c. 647, §2 (NEW).] [PL 1999, c. 647, §2 (NEW).]

6. Application. The requirements of this section apply to all hospitals licensed under this Title and to other locations providing birthing services. [PL 1999, c. 647, §2 (NEW).]
22 M.R.S. § 338 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 338
22 §338. Consultation
Status: in_force

1. Consultation on new technologies and needs. In connection with the development of policies and procedures to implement this Act, the commissioner may, from time to time, consult with persons with relevant skills and experience regarding: A. New medical technologies and the impact of those technologies on the health care delivery system in the State; [PL 2003, c. 469, Pt. C, §13 (AMD).] B. Unmet need for health care services in the State; [PL 2011, c. 648, §18 (AMD).] C. The quality of health care; and [PL 2011, c. 648, §18 (AMD).] D. The need to replace, renovate or upgrade health care facilities to meet current and future needs. [PL 2011, c. 648, §18 (NEW).] [PL 2011, c. 648, §18 (AMD).]
22 M.R.S. § 1311 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1311
22 §1311. Killing or impounding of dogs
Status: in_force

The department may, in the case of an emergency or threatened epidemic of rabies or hydrophobia when in its opinion the health and safety of the people in a community are endangered, issue orders to the mayor of any city or the municipal officers of any town or plantation to have killed any dogs found loose in violation of quarantine regulations and impounded for a period of 72 hours without being claimed by their owner.

The mayor of any city or the municipal officers of any town or plantation shall forthwith direct that such dogs be killed by a police officer or constable.
22 M.R.S. § 7311 — ME Code / Title 22 / Subtitle 5 / Chapter 1622 / Section 7311
22 §7311. Program established
Status: in_force

By July 1, 2010, the department shall establish a coordinated program, referred to in this chapter as "the program," of in-home and community support services that are available under state-funded and MaineCare-funded programs for adults with long-term care needs who are eligible for services from qualified providers pursuant to this subtitle. The program must have a unified system for intake and eligibility determination for all consumers, regardless of diagnosis, type of disability or demographic factors, including age, using the multidisciplinary teams pursuant to section 7323 , consumer assessment and the development of plans of care that take into consideration the consumer's living arrangement, informal supports and services provided by other public or private funding sources to ensure nonduplication of services for consumers. [PL 2009, c. 279, §4 (NEW).]
22 M.R.S. § 2527 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2527
22 §2527. Appeal and jurisdiction
Status: in_force

1. Appeal. An order issued under section 2512, subsection 1, paragraph C ; section 2512, subsection 2, paragraph A , B or C ; section 2514, subsection 6 ; or a decision issued by the commissioner under section 2514, subsection 6 is final unless appealed to Superior Court within 15 days after service. An appeal of any other order or decision of the commissioner may be taken pursuant to Title 5, chapter 375 . Review of any order and the determinations upon which it is based must be in the record in the administrative proceeding in which the order was issued. [PL 1999, c. 777, §1 (NEW).]

2. Jurisdiction. The Superior Court has legal and equitable jurisdiction to enforce, prevent and restrain violations of this chapter and has legal and equitable jurisdiction in all other cases arising under this chapter. The Superior Court and District Court are granted jurisdiction to handle criminal matters arising under this chapter and rules. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 1471-V — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-V
22 §1471-V. Local participation
Status: in_force

l. Representation. When the board, under section 1471‑M , considers the designation of a critical area or the establishment of a pesticide management plan for a critical area, the municipal officers of any affected municipality, or county commissioners in the case of unorganized territories, shall be given the opportunity to select a local representative to serve as an additional board member. For a given action, there shall be only one local representative who shall represent the affected municipality or unorganized territory. [PL 1987, c. 702, §6 (NEW).]

2. Participation and voting procedure. A local representative appointed under this section may participate officially and vote in deliberations on the designation of a critical area or on the establishment of a pesticide management plan only for a critical area which is in the municipality or unorganized territory represented. A local representative may participate on the board until final designation of the critical area or final establishment of the pesticide management plan, including any administrative or judicial appeals. When the board considers a proposed critical area or pesticide management plan that affects more than one municipality, the board shall take separate action on the portion in each municipality. [PL 1987, c. 702, §6 (NEW).]

3. Compensation. Local representatives shall be reimbursed only for expenses as regular board members during the period of their service, to be paid by the board. [PL 1987, c. 702, §6 (NEW).]
22 M.R.S. § 3813 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3813
22 §3813. Notice to repay
Status: in_force

1. Repayment. The department may serve a notice to repay upon an individual or other member of an assistance unit that received an overpayment that has not been recouped, repaid or otherwise recovered by the department if the individual or other member of the assistance unit no longer receives benefits from the benefit program that issued the overpayment. [PL 1993, c. 654, §1 (NEW).]

2. Notice. A notice to repay must state the following: A. The name of the obligor; [PL 1993, c. 654, §1 (NEW).] B. The amount of the overpayment, when the overpayment was made and when it was established; [PL 1993, c. 654, §1 (NEW).] C. The name of the benefit program that issued the overpayment; [PL 1993, c. 654, §1 (NEW).] D. The amount of the overpayment that has not been recouped, repaid or otherwise recovered by the department; [PL 1993, c. 654, §1 (NEW).] E. That the obligor may contact the department to execute an assignment of earnings or enter into an agreement to repay the overpayment that has not been recouped, repaid or otherwise recovered by the department; [PL 1993, c. 654, §1 (NEW).] F. That if the amount of the overpayment that has not been recouped, repaid or otherwise recovered by the department is not repaid within 21 days, the department may collect the amount owed by income withholding, may file liens against the obligor's real and personal property for the amount owed and may report the obligor to a consumer credit reporting agency; and [PL 1993, c. 654, §1 (NEW).] G. That the obligor has the right to request a hearing within 21 days of service of the notice and that if the obligor requests a hearing, collection action is stayed pending a decision after hearing. [PL 1993, c. 654, §1 (NEW).] [PL 1993, c. 654, §1 (NEW).]

3. Collection action. The department may use the remedies available under this chapter to collect the amount of an overpayment that has not been recouped, repaid or otherwise recovered by the department 21 days after service of a notice to repay, unless the obligor timely requests a hearing. The department may execute an assignment of earnings with the obligor's consent at any time for repayment of the amount of an overpayment that has not been recouped, repaid or otherwise recovered by the department. [PL 1993, c. 654, §1 (NEW).]

4. Hearing. An obligor served with a notice to repay may request a hearing within 21 days of the date of service of the notice. The obligor may contest at hearing the accuracy of the notice to repay and whether the notice was issued in accordance with the requirements of this section. The obligor may not contest the amount of an overpayment that the obligor previously had an opportunity to contest or the amount of an overpayment that was established by judicial or administrative action, by agreement of the obligor and the department or by operation of law. The obligor may raise the issue of and the department shall determine whether the obligor is entitled to receive any credits, including credits for underpayments, that would reduce the amount of the overpayment that has not been recouped, repaid or otherwise recovered by the department. The department shall conduct the hearing in accordance with the requirements of Title 5, chapter 375, subchapter IV . [PL 1993, c. 654, §1 (NEW).]

5. Decision after hearing. The department shall render a decision after hearing without undue delay. The decision must be based on the hearing record and rules adopted by the commissioner. The decision must include a finding of the amount of the overpayment that has not been recouped, repaid or otherwise recovered by the department. The decision must inform the obligor that the obligor may file a petition for judicial review of the decision within 30 days of the date of the decision. The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record. If the finding contained in the decision is that the obligor has received an overpayment that has not been recouped, repaid or otherwise recovered by the department, the department may use the remedies available under this chapter to collect the amount not recouped, repaid or otherwise recovered 30 days after the decision is issued. [PL 1993, c. 654, §1 (NEW).]

6. Stay. If the obligor named in a notice to repay timely requests a hearing to contest the notice to repay, the department shall stay all collection action pending a decision after hearing. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 683 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 683
22 §683. Records
Status: in_force

The department may require by rule, or order, the keeping of such records with respect to activities under licenses and registration certificates issued pursuant to this Act as may be necessary to effectuate the purposes of this Act. These records shall be made available for inspection by, or copies thereof shall be submitted to, the department. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 785 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 785
22 §785. Maine Gold Standard for Radon Testing and Mitigation Initiative
Status: in_force

The Maine Gold Standard for Radon Testing and Mitigation Initiative is established, beginning July 1, 2022, within the department to reward, recognize, promote and assist, with a gold standard designation, landlords, homeowners and home builders who participate in radon testing and mitigation activities under this section. A person who meets the criteria established in this section and by the department in rules may achieve a gold standard designation. [PL 2021, c. 470, §1 (NEW).]

1. Criteria for landlords. In order to obtain the gold standard designation, a landlord must meet the following criteria relating to testing and mitigation. A. Every 2 years, the landlord shall conduct radon testing in compliance with this chapter and any standards established by the United States Environmental Protection Agency. The results of the test must be submitted to the department, and the department shall post the results to its publicly available website. The department shall pay for all costs for radon testing that occurs in accordance with this subsection. [PL 2021, c. 470, §1 (NEW).] B. If the results of the radon test completed in accordance with paragraph A reveal a level of radon of 4.0 picocuries per liter of air or above, the landlord shall, within 6 months, mitigate the level of radon in the residential building until it is reduced to a level below 4.0 picocuries per liter of air. Mitigation services must be provided by a person registered with the department pursuant to this chapter. After mitigation has been performed pursuant to this paragraph to reduce the level of radon, the landlord shall provide written notice to tenants that the radon levels have been mitigated. The department shall pay for the first $600 in mitigation expenses on behalf of a landlord as a result of a test conducted in accordance with paragraph A if it exceeds a level of radon of 4.0 picocuries per liter of air or above. [PL 2021, c. 470, §1 (NEW).] [PL 2021, c. 470, §1 (NEW).]

2. Criteria for homeowners. In order for a homeowner to obtain the gold standard designation, the homeowner shall, before the conveyance of any residential real property in accordance with Title 33, chapter 7 , test for the presence of radon in the air and water in residential real property and arsenic and uranium in water from a private well. For purposes of this subsection, "residential real property" has the same meaning as in Title 33, section 171, subsection 6 . The department shall pay for all costs for testing that occurs in accordance with this subsection and any rules adopted by the department. The department shall pay for the first $600 in mitigation expenses on behalf of a homeowner in accordance with any rules adopted by the department. [PL 2021, c. 470, §1 (NEW).]

3. Criteria for home builders. In order to obtain the gold standard designation, a home builder constructing a new home in a municipality that has up to 4,000 residents shall comply with any standards relating to radon preventive features in the Maine Uniform Building and Energy Code and the new home must receive an inspection in accordance with rules adopted by the department. To the extent testing is required by the department in rule to obtain the gold standard, the department shall pay for all costs for testing. To the extent mitigation is required by the department in rule, the department shall pay for the first $600 in mitigation expenses. [PL 2021, c. 470, §1 (NEW).]

4. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 470, §1 (NEW).]
22 M.R.S. § 9005 — ME Code / Title 22 / Subtitle 6 / Chapter 1689 / Section 9005
22 §9005. Prohibited employment based on disqualifying offenses
Status: in_force

1. Prohibited employment based on disqualifying offenses. A veterans' adult day health care program shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2 , in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including, but not limited to, a certified nursing assistant or a direct care worker. A. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).] B. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).] C. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).] The department may adopt rules necessary 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 2015, c. 196, §16 (AMD); PL 2015, c. 299, §24 (RPR).]
22 M.R.S. § 346 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 346
22 §346. Scope of certificate of need
Status: in_force

1. Application determinative. A certificate of need is valid only for the defined scope, premises and facility or person named in the application and is not transferable or assignable. [PL 2001, c. 664, §2 (NEW).]

2. Maximum expenditure. In issuing a certificate of need, the department shall specify the maximum capital expenditures that may be obligated under this certificate. The department shall adopt rules regarding the determination of capital expenditure maximums, procedures to monitor capital expenditures obligated under certificates and procedures to review projects for which the capital expenditure maximum is exceeded or expected to be exceeded. [PL 2001, c. 664, §2 (NEW).]

3. Issued certificate; duration and expiration. After the issuance of a certificate of need, the department shall periodically review the progress of the holder of the certificate in meeting the timetable for making the service or equipment available or for completing the project specified in the approved application. A certificate of need expires if the project for which the certificate has been issued is not commenced within 24 months following the issuance of the certificate. The department may grant an extension of a certificate for an additional specified time not to exceed 12 months if good cause is shown why the project has not commenced. The department may require evidence of the continuing feasibility and availability of financing for a project as a condition for extending the life of the certificate. In addition, if on the basis of its periodic review of progress under the certificate the department determines that the holder of a certificate is not otherwise meeting the timetable and is not making a good faith effort to meet it, the department may, after a hearing, withdraw the certificate of need. The department shall adopt rules for the withdrawal of certificates of need. [PL 2011, c. 648, §23 (AMD).]
22 M.R.S. § 3174-LL — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-LL
22 §3174-LL. Inpatient services reimbursement based on diagnosis-related groups
Status: in_force

Beginning April 1, 2010, the Department of Health and Human Services shall begin to phase in a system to reimburse noncritical access hospitals for inpatient services under the MaineCare program an amount per discharge that is based on diagnosis-related groups modeled on the system used by the federal Medicare program. The new diagnosis-related groups payment system must be budget neutral, based on MaineCare hospital payments for the year prior to the year of implementation. The new payment system must be implemented for each noncritical access hospital at the beginning of the hospital's first fiscal year that commences on or after April 1, 2010. The Department of Health and Human Services shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 213, Pt. CC, §3 (NEW).]
22-A M.R.S. § 210 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 210
22-A §210. Fees for service
Status: in_force

1. Reasonable fees authorized. The department may charge reasonable fees for any services provided under this Title, Title 5 , Title 22 or Title 34‑B , whether directly or indirectly provided by the department. Any fees thus received constitute a permanent fund for use by the department as special revenue income and do not become part of the General Fund. Fees so generated must be used in accordance with federal regulations. [PL 2007, c. 539, Pt. N, §49 (NEW).]

2. Sliding fee scale. The department may establish a sliding fee scale for the provision of community-based purchased services administered by the department. A. The sliding fee scale must be based on gross family income and family size. [PL 2007, c. 539, Pt. N, §49 (NEW).] B. Any fees charged as a result of implementing this subsection must be paid to the provider of the service and be used by the provider for additional services of the same or related type for which the fees were paid. [PL 2007, c. 539, Pt. N, §49 (NEW).] [PL 2007, c. 539, Pt. N, §49 (NEW).]
22 M.R.S. § 4009 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4009
22 §4009. Penalty for violations
Status: in_force

A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 2629 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2629
22 §2629. Fees
Status: in_force

The Board of Licensure of Water System Operators shall establish by rule fees authorized pursuant to this subchapter. These fees may include examination, licensure, biennial renewal and reinstatement fees in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $95. Revenues derived from applicants failing the examination must be retained. [PL 2011, c. 45, §5 (AMD).]
22 M.R.S. § 2702-B — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2702-B
22 §2702-B. Electronic transmittal of marriage certificates
Status: in_force

The municipal clerk that issued a marriage license pursuant to Title 19-A, section 652, subsection 1 and the clerk of the municipality where the marriage occurred may issue certified copies of the marriage certificate electronically using the statewide system for the registration of vital statistics described under section 2701 . [PL 2015, c. 104, §1 (NEW).]
22 M.R.S. § 8402 — ME Code / Title 22 / Subtitle 6 / Chapter 1675 / Section 8402
22 §8402. Licensure
Status: in_force

1. License required. [PL 1983, c. 386, §4 (RP).]

2. Term of license. [PL 1983, c. 386, §4 (RP).]

3. Requirements. In order to receive a license from the department, a nursery school must meet the requirements of chapter 1673 applicable to nursery schools and the following requirements. A. The department shall adopt rules regarding the health of staff as required to protect the health and safety of the children. The rules must include a requirement that every 2 years each licensee, administrator or other staff member of the nursery school who provides care for children be declared free from communicable disease by a licensed physician, nurse practitioner or physician associate. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 154, §10 (AMD); PL 2019, c. 154, §12 (AFF); PL 2025, c. 316, §3 (REV).] B. Drinking water that is taken from sources other than a public water system must pass a test for bacteria, nitrates and nitrites every year and must pass a partial chemical test every 4 years. [PL 2001, c. 645, §10 (AMD).] C. The nursery school carries minimum liability insurance of $100,000 per person and $300,000 per occurrence. [PL 2001, c. 645, §10 (AMD).] D. [PL 2001, c. 645, §10 (RP).] E. The nursery school meets, biennially, the fire safety requirements specified in section 8403, subsection 2 . [PL 2005, c. 640, §5 (AMD).] F. [PL 2001, c. 645, §10 (RP).] [PL 2019, c. 154, §10 (AMD); PL 2019, c. 154, §12 (AFF); PL 2025, c. 316, §3 (REV).]

3-A. Rules. The department shall establish routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A for the safe operation of nursery schools. These rules must be reasonably related to the health and safety of children cared for in nursery schools. [PL 2001, c. 266, §1 (NEW).]

4. License issued promptly. The department shall issue with reasonable promptness a license to each nursery school from which the department has received and verified documentation indicating that the nursery school has met the requirements included in subsection 3 . [PL 1975, c. 709, §2 (NEW).]

5. Fee. [PL 1993, c. 353, §6 (RP); PL 1993, c. 353, §7 (AFF).]

6. Relationship to licensing of child care facilities. A nursery school must be licensed as a child care facility under chapter 1673 . [PL 2001, c. 645, §11 (AMD).]
22 M.R.S. § 1903 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1903
22 §1903. Authority and policy
Status: in_force

It is the policy and authority of this State that: [PL 2019, c. 236, §4 (AMD).]

1. Availability. Family planning services must be readily and practicably available to all persons desiring and needing such services; [PL 2019, c. 236, §4 (AMD).]

2. Consistent with public policy. The delivery of family planning services by duly authorized persons in all agencies and instrumentalities of this State is consistent with public policy; [PL 1973, c. 624, §1 (NEW).]

3. Refusal. Nothing in this chapter inhibits a health care practitioner from refusing to furnish family planning services when the refusal is for medical reasons; [PL 2019, c. 236, §4 (AMD).]

4. Objections. A private institution or health care practitioner or agent or employee of such institution or health care practitioner may not be prohibited from refusing to provide family planning services when such refusal is based upon religious or conscientious objection; and [PL 2019, c. 236, §4 (AMD).]

5. Scope of practice. Nothing in this chapter changes the scope of practice of a health care practitioner. [PL 2019, c. 236, §4 (NEW).]
22 M.R.S. § 1586 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1586
22 §1586. Penalty
Status: in_force

Whoever violates any of the provisions of this chapter or any rules and regulations made thereunder shall be punished by a fine of not less than $100, nor more than $500, or by imprisonment for not more than 6 months, or by both. [PL 1977, c. 696, §185 (NEW).]
22 M.R.S. § 9053 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9053
22 §9053. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 299, §25 (NEW).]

1. Adult day care program. "Adult day care program" means an adult day care program licensed pursuant to chapter 1663 or 1679 . [PL 2015, c. 299, §25 (NEW).]

2. Assisted housing facility. "Assisted housing facility" means a facility licensed pursuant to chapter 1664 or an independent housing with services program exempt from licensing pursuant to chapter 1663 . [PL 2025, c. 243, §1 (AMD).]

3. Background check. "Background check" means the collection of personally identifiable information, data and biometric identifiers for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. [PL 2023, c. 241, §49 (AMD).]

4. Background Check Center. "Background Check Center" means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. [PL 2015, c. 299, §25 (NEW).]

5. Background check report. "Background check report" means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. A completed background check report is recorded in the Background Check Center and informs a provider when a conviction appears in an individual's record that may disqualify the individual from eligibility for employment as a direct access worker. [PL 2025, c. 243, §2 (AMD).]

5-A. Biometric identifier. "Biometric identifier" means a unique and measurable biological, anatomical or physiological characteristic used for identification of an individual, including, but not limited to, fingerprints, retinal or iris scans and palm prints. [PL 2023, c. 241, §50 (NEW).]

6. Bureau. "Bureau" means the Department of Public Safety, State Bureau of Identification. [PL 2015, c. 299, §25 (NEW).]

7. Child care facility. [PL 2019, c. 660, §1 (RP).]

8. Child placing agency. [PL 2019, c. 660, §2 (RP).]

9. Children's residential care facility. [PL 2019, c. 660, §3 (RP).]

10. Contingent offer of employment. "Contingent offer of employment" means an offer of employment as a direct access worker that is based upon receipt of an initial nondisqualifying background check report and that may be withdrawn by the employer if a disqualifying final background check report is issued. [PL 2025, c. 243, §3 (AMD).]

11. Criminal charge without disposition. "Criminal charge without disposition" means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. [PL 2015, c. 299, §25 (NEW).]

12. Direct access. "Direct access" means access to the property, personally identifiable information, financial information, medical records or treatment information and other resources of an individual or physical access to an individual who is served by a provider subject to this section. [PL 2025, c. 243, §4 (AMD).]

13. Direct access employment. "Direct access employment" or "employment" means any activity involving direct access services, including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers, and is the type of employment that provides access that could lead to physical, mental, financial or privacy-related harms on the individual receiving those direct access services. [PL 2025, c. 243, §5 (AMD).]

14. Direct access worker. "Direct access worker" means an individual engaged in direct access employment and includes: A. [PL 2025, c. 243, §6 (RP).] A-1. Physicians and physician associates, nurse practitioners and nurses, clinical support staff, pharmacists and pharmacy staff; [PL 2025, c. 243, §6 (NEW); PL 2025, c. 316, §3 (REV).] A-2. Physical therapists, occupational therapists and rehabilitation service providers; [PL 2025, c. 243, §6 (NEW).] A-3. Certified nursing assistants and direct care workers pursuant to section 1812‑J; [PL 2025, c. 243, §6 (NEW).] A-4. Residential support staff, behavioral health providers, drug treatment center staff, recreation aides, community support specialists and case managers; [PL 2025, c. 243, §6 (NEW).] A-5. Administrative staff, including clerical staff, information services staff, finance and billing staff and their supervisors, management, leadership, executives, partners and owners; [PL 2025, c. 243, §6 (NEW).] A-6. Environmental, operations and facility services staff, including dietary, food services, maintenance, transportation and security staff; and [PL 2025, c. 243, §6 (NEW).] B. [PL 2025, c. 243, §6 (RP).] C. [PL 2025, c. 243, §6 (RP).] D. An independent contractor pursuant to Title 26, section 1043, subsection 11, paragraph E or Title 39‑A, section 102, subsection 13‑A ; a worker who is placed with a provider by a temporary nurse agency; or a worker who is placed with a provider by a personal care agency registered or licensed pursuant to section 1717. [PL 2025, c. 243, §6 (AMD).] E. [PL 2025, c. 243, §6 (RP).] F. [PL 2025, c. 243, §6 (RP).] "Direct access worker" does not include an individual supervised while interacting or engaging with service recipients, such as an individual performing repairs, making deliveries or carrying out installations or similar services who does not have direct access without supervision or an individual performing oversight, such as a surveyor, auditor or ombudsman. [PL 2025, c. 243, §6 (AMD); PL 2025, c. 316, §3 (REV).]

15. Disqualifying offense. "Disqualifying offense" means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. [PL 2015, c. 299, §25 (NEW).]

16. Drug treatment center. [PL 2025, c. 243, §7 (RP).]

17. Employer. "Employer" means a person or other legal entity that employs or places a direct access worker or otherwise provides direct access services. "Employer" includes a provider, a temporary nurse agency and a personal care agency. [PL 2023, c. 309, §42 (AMD).]

18. Family child care provider. [PL 2019, c. 660, §4 (RP).]

19. Grandfathered employee. "Grandfathered employee" means an individual subject to the requirements of this chapter who has been employed prior to the date biometric-based background check capability becomes available, who is subject to section 9058‑A and who has not previously submitted biometric identifier data for a background check under this chapter. [PL 2025, c. 243, §8 (AMD).]

19-A. Home and community-based service agency. "Home and community-based service agency" means an entity licensed pursuant to Title 34‑B, section 1203‑B . [PL 2025, c. 243, §9 (NEW).]

20. Home health care provider. "Home health care provider" means an entity licensed pursuant to chapter 419 . [PL 2015, c. 299, §25 (NEW).]

21. Hospice provider. "Hospice provider" means an entity licensed pursuant to chapter 1681. [PL 2015, c. 299, §25 (NEW).]

21-A. Hospital. "Hospital" means an entity licensed pursuant to chapter 405 . [PL 2023, c. 241, §53 (NEW).]

22. Intermediate care facility for individuals with intellectual disabilities. "Intermediate care facility for individuals with intellectual disabilities" means a facility licensed pursuant to chapter 405 . [PL 2015, c. 299, §25 (NEW).]

23. Medicare or Medicaid beneficiary. "Medicare or Medicaid beneficiary" means a person enrolled in the Medicare or Medicaid program. [PL 2015, c. 299, §25 (NEW).]

24. Mental health services facility or provider. "Mental health services facility or provider" means a facility or agency licensed pursuant to Title 34‑B, section 1203‑A . [PL 2015, c. 299, §25 (NEW).]

24-A. Noncriminal justice submitting entity. "Noncriminal justice submitting entity" means the agency responsible for initiating requests under the rap back monitoring program. [PL 2025, c. 243, §10 (AMD).]

25. Nursery school. [PL 2019, c. 660, §5 (RP).]

26. Nursing facility. "Nursing facility" means a facility licensed pursuant to chapter 405 . [PL 2015, c. 299, §25 (NEW).]

27. Personal care agency. [PL 2023, c. 309, §43 (AMD); MRSA T. 22 §9053, sub-§27 (RP).]

27-A. Personal care agency. "Personal care agency" means an entity licensed pursuant to section 1717, subsection 2‑A . [PL 2023, c. 309, §44 (NEW); PL 2023, c. 309, §45 (AFF).]

28. Personally identifiable information. "Personally identifiable information" means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. [PL 2015, c. 299, §25 (NEW).]

28-A. Portability. "Portability" means the ability of a direct access worker to transfer the results of a background check eligibility determination and information from the rap back monitoring program to a new employer. [PL 2023, c. 241, §55 (NEW).]

29. Provider. "Provider" means a licensed, license-exempt, certified or registered entity that employs direct access workers to provide facility-based, in-home and community-based services under this chapter. [PL 2025, c. 243, §11 (AMD).]

30. Protected individual. "Protected individual" means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. A protected individual requires special protective measures by criminal justice, social services and health care agencies; may be a patient, consumer, beneficiary or resident; and is typically elderly, a child or an individual with disabilities in need of assistance. [PL 2015, c. 299, §25 (NEW).]

31. Rap back monitoring program. "Rap back monitoring program" means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056 . [PL 2015, c. 299, §25 (NEW).]

32. Residential care facility. "Residential care facility" means a residential care facility licensed or exempted from licensing pursuant to chapter 1663 . [PL 2023, c. 241, §57 (AMD).]

32-A. Substance use disorder treatment agency. "Substance use disorder treatment agency" means an approved treatment facility or program licensed pursuant to Title 5, chapter 521 . [PL 2023, c. 241, §58 (NEW).]

33. Supervision. "Supervision" means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. [PL 2015, c. 299, §25 (NEW).]

34. Temporary nurse agency. "Temporary nurse agency" means an agency registered pursuant to chapter 417 or an agency that places temporary health care professionals in direct access positions in the State that is not otherwise required to register in the State. [PL 2015, c. 299, §25 (NEW).]

35. Waiver. "Waiver" means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 759 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 759
22 §759. Construction and severability -- Article IX
Status: in_force

It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 2953 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2953
22 §2953. Delivery of document of gift not required; right to examine
Status: in_force

1. Delivery during lifetime not required. A document of gift need not be delivered during the donor's lifetime to be effective. [PL 2007, c. 601, §2 (NEW).]

2. Examination and copying. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 2951 . [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 2139 — ME Code / Title 22 / Subtitle 2 / Chapter 417-A / Section 2139
22 §2139. Complaints
Status: in_force

1. Complaint investigation. The department is authorized to investigate complaints against a temporary nurse agency to ensure compliance with this chapter. [PL 2009, c. 621, §5 (NEW).]

2. Injunctive relief. Notwithstanding any other remedies provided by law, the Attorney General may seek an injunction to require compliance with the provisions of this chapter. [PL 2009, c. 621, §5 (NEW).]

3. Enforcement. The Attorney General may file a complaint with the District Court seeking civil penalties or injunctive relief or both for violations of this chapter. [PL 2009, c. 621, §5 (NEW).]

4. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 for violations of this chapter. [PL 2009, c. 621, §5 (NEW).]

5. Burden of proof. The burden is on the department to prove, by a preponderance of the evidence, that the alleged violation of this chapter occurred. [PL 2009, c. 621, §5 (NEW).]

6. Right of entry. This subsection governs the department's right of entry with respect to temporary nurse agencies. A. An application for registration of a temporary nurse agency constitutes permission for entry and inspection to verify compliance with applicable laws and rules. [PL 2009, c. 621, §5 (NEW).] B. The department has the right to enter and inspect the premises of a temporary nurse agency registered by the department at a reasonable time and, upon demand, has the right to inspect and copy any books, accounts, papers, records and other documents in order to determine the state of compliance with applicable laws and rules. [PL 2009, c. 621, §5 (NEW).] C. To inspect a temporary nurse agency that the department knows or believes is being operated without being registered, the department may enter only with the permission of the owner or person in charge or with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court authorizing entry and inspection. [PL 2009, c. 621, §5 (NEW).] [PL 2009, c. 621, §5 (NEW).]

7. Administrative inspection warrant. The department and a duly designated officer or employee of the department have the right to enter upon and into the premises of an unregistered temporary nurse agency with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court at a reasonable time and, upon demand, have the right to inspect and copy any books, accounts, papers, records and other documents in order to determine the state of compliance with this chapter. The right of entry and inspection may extend to any premises and documents of a person, firm, partnership, association, corporation or other entity that the department has reason to believe is operating a temporary nurse agency without being registered. [PL 2009, c. 621, §5 (NEW).]

8. Noninterference. An owner or operator of an unregistered temporary nurse agency may not interfere with, impede or obstruct an investigation by the department, including, but not limited to, interviewing persons receiving services or persons with knowledge of the agency. [PL 2009, c. 621, §5 (NEW).]

9. Violation of injunction. A person, firm, partnership, association, corporation or other entity that violates the terms of an injunction issued under this chapter shall pay to the State a fine of not less than $500 nor more than $10,000 for each violation. Each day of violation constitutes a separate offense. In any action brought by the Attorney General against a person, firm, partnership, association, corporation or other entity for violating the terms of an injunction under this chapter, the District Court may make the necessary orders or judgments regarding violation of the terms of the injunction. In an action under this chapter, when a permanent injunction has been issued, the District Court may order the person, firm, partnership, association, corporation or other entity against which the permanent injunction is issued to pay to the General Fund the costs of the investigation of that person, firm, partnership, association, corporation or other entity by the Attorney General and the costs of suit, including attorney's fees. [PL 2009, c. 621, §5 (NEW).]

10. Suspension or revocation of registration. A temporary nurse agency found to be in violation of this chapter may have its registration to operate as a temporary nurse agency suspended or revoked. The department may file a complaint with the District Court requesting suspension or revocation of a registration to operate a temporary nurse agency. [PL 2009, c. 621, §5 (NEW).]

11. Rules. 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 2009, c. 621, §5 (NEW).]
22 M.R.S. § 2650 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2650
22 §2650. Source water quality assessment program
Status: in_force

1. General authorization. The commissioner is authorized to implement and carry out a source water quality assessment program. [PL 1997, c. 705, §12 (NEW).]

2. Rulemaking. The commissioner shall adopt rules establishing the procedures for implementation and enforcement of the source water quality assessment program to comply with state and federal laws. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 705, §12 (NEW).]
22 M.R.S. § 3789-D — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3789-D
22 §3789-D. Maine Temporary Assistance for Needy Families Advisory Council
Status: in_force

1. Duties. The Maine Temporary Assistance for Needy Families Advisory Council, referred to in this section as "the council," is established by Title 5, section 12004‑I, subsection 36‑C to advise the commissioner or the commissioner's designee regarding education, training, job opportunities, quality employment and business ownership opportunities, the operation of any postsecondary education programs administered by the department and other matters affecting recipients of TANF cash and other TANF recipients. [PL 2025, c. 5, §2 (AMD).]

2. Members. The commissioner shall appoint the members of the council. Members who fail to attend 2 meetings within a 12-month period may be removed from the council. Members must include at least the following: A. Two recipients of benefits under the TANF program; [PL 1997, c. 530, Pt. A, §30 (NEW).] B. One representative of employers within the State; [PL 1997, c. 530, Pt. A, §30 (NEW).] C. One representative of organized labor; [PL 1997, c. 530, Pt. A, §30 (NEW).] D. One representative of women's interests; [PL 1997, c. 530, Pt. A, §30 (NEW).] E. One or more representatives of organizations or agencies that have experience in addressing the training, education and job needs of low-income women; [PL 1997, c. 530, Pt. A, §30 (NEW).] F. One representative of the one-stop delivery system established under the federal Workforce Innovation and Opportunity Act, 29 United States Code, Section 3151; and [PL 2017, c. 110, §7 (AMD).] G. Two representatives of postsecondary education, one representing private institutions and one representing public institutions. [PL 1997, c. 530, Pt. A, §30 (NEW).] [PL 2025, c. 5, §2 (AMD).]

3. Advice regarding postsecondary education programs. [PL 2025, c. 5, §2 (RP).]

4. Compensation and expenses. A member of the council who is not otherwise compensated for the member's time serving on the council by the member's employer or the entity the member represents may be compensated in an amount not to exceed the legislative per diem for the member's time and reimbursed for expenses, including but not limited to meals and refreshments provided during a meeting of the council, child care and travel. [PL 2025, c. 5, §2 (NEW).]
22 M.R.S. § 3883 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3883
22 §3883. Board; establishment
Status: in_force

1. Establishment. The Board of the Maine Children's Trust Incorporated, referred to in this chapter as the "board," is established. [PL 1993, c. 600, Pt. A, §16 (NEW).]

2. Membership. The board consists of at least 17 members, appointed as follows: A. One Senator, appointed by the President of the Senate for a 2-year term served concurrently with the legislative term; [PL 1993, c. 600, Pt. A, §16 (NEW).] B. One Representative, appointed by the Speaker of the House of Representatives for a 2-year term served concurrently with the legislative term; [PL 1993, c. 600, Pt. A, §16 (NEW).] C. Four members of the Maine Child Abuse Prevention Councils, selected by that organization. Of the initial appointees, one is appointed for a one-year term, one is appointed for a 2-year term and 2 are appointed for 3-year terms. After the initial appointments, appointees are appointed for 3-year terms; [PL 2009, c. 204, §9 (AMD).] D. Two representatives of the Department of Health and Human Services appointed by the Commissioner of Health and Human Services. One member must be a senior policy-making official and the other must be a line manager with several years of experience in child abuse and neglect. Of the initial appointees, one is appointed for a 2-year term and the other is appointed for a 3-year term. After the initial appointments, appointees are appointed for 3-year terms; and [PL 1993, c. 600, Pt. A, §16 (NEW); PL 2003, c. 689, Pt. B, §§6, 7 (REV).] E. Nine members of the public and the business community. (1) Three members must be appointed by the Governor. Of the initial appointees, one is appointed for a one-year term, one is appointed for a 2-year term and one is appointed for a 3-year term. After the initial appointments, appointees are appointed for 3-year terms. (2) Three leaders from the business community must be appointed by the Maine Chamber of Commerce and Industry. Of the initial appointees, one is appointed for a one-year term, one is appointed for a 2-year term and one is appointed for a 3-year term. After the initial appointments, appointees are appointed for 3-year terms. (3) At least 3 members must be elected by majority vote of the board. Of the initial appointees, one is appointed for a one-year term, one is appointed for a 2-year term and one is appointed for a 3-year term. After the initial appointments, appointees are appointed for 3-year terms. The public members may include representatives of the following groups: parents; persons under the age of 21; the business and labor communities; the legal community; the religious community; and providers of child abuse and neglect prevention services. [PL 1997, c. 149, §2 (AMD).] [PL 2009, c. 204, §9 (AMD).]

3. Board officers. The board shall elect annually a chair from among its members to serve for one year. The chair may be reelected. The board shall elect annually a member to serve as a secretary, who shall maintain the minutes of board meetings, and another member to serve as treasurer, who shall maintain and oversee financial records and issue an annual financial report at the end of each fiscal year. The secretary and treasurer may be reelected. The board may elect from among its members other officers it determines necessary to carry out the board's purposes. [PL 1993, c. 600, Pt. A, §16 (NEW).]

4. Compensation. The members are ineligible for per diem compensation, but may be reimbursed for travel expenses and other out-of-pocket expenses associated with board business pursuant to board policy. [PL 1993, c. 600, Pt. A, §16 (NEW).]

5. Meetings. The board shall meet at least 4 times annually. A simple majority constitutes a quorum. [PL 1993, c. 600, Pt. A, §16 (NEW).]

6. Advice and consultation. The Commissioner of Health and Human Services, the Commissioner of Education, the Commissioner of Corrections and the Commissioner of Public Safety, upon request, shall provide the board with technical information, assistance and advice. [RR 2003, c. 2, §76 (COR).]
22 M.R.S. § 5305 — ME Code / Title 22 / Subtitle 4 / Chapter 1471 / Section 5305
22 §5305. State agencies to cooperate
Status: in_force

State agencies shall cooperate fully with the bureau in carrying out this Part and Part 2. The bureau is authorized to request such personnel, financial assistance, facilities and data as are reasonably required to assist the bureau to fulfill the bureau's powers and duties. [PL 2023, c. 405, Pt. A, §70 (AMD).]

State agencies proposing to develop, establish, conduct or administer programs or to assist programs relating to this Part and Part 2 shall, prior to carrying out such actions, consult with the bureau. All agencies of State Government shall advise the bureau of their proposed administrative, fiscal and legislative activities relating to this Part and Part 2 . State agencies, in the implementation of their activities relating to this Part, shall keep the bureau fully informed of their progress. [PL 1973, c. 793, §12 (NEW).]
22 M.R.S. § 2612-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2612-A
22 §2612-A. Capacity development
Status: in_force

1. Authority. The commissioner is authorized to ensure that all new community water systems and new nontransient, noncommunity systems commencing operation after October 1, 1999 demonstrate technical, managerial and financial capacity with respect to each state primary drinking water regulation in effect, or likely to be in effect, on the date of commencement of operations. [PL 1997, c. 705, §2 (NEW).]

2. Rulemaking. The commissioner shall adopt rules to ensure that all new community water systems and new nontransient, noncommunity systems commencing operation after October 1, 1999 demonstrate technical, managerial and financial capacity with respect to each state primary drinking water regulation in effect, or likely to be in effect, on the date of commencement of operations. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 705, §2 (NEW).]
22 M.R.S. § 817 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 817
22 §817. Discharge
Status: in_force

An individual committed to a hospital, facility or private home pursuant to section 812 or section 813 or subject to a prescribed care order of the department or a court pursuant to section 820 may be discharged when the physician responsible for that individual's treatment and the department determine that the individual may be discharged without danger to other individuals. The department shall immediately report the discharge, with a full statement of the reasons for the discharge, to the court that ordered the commitment. [PL 2007, c. 359, §1 (AMD).]

If an individual committed to a hospital, facility or private home pursuant to section 812 or section 813 or subject to a prescribed care order of the department or a court pursuant to section 820 violates the commitment prior to discharge in accordance with this section, the hospital or physician responsible for treatment shall immediately report this to the department. An arrest warrant must be issued upon application by the department to the District Court or Superior Court. [PL 2007, c. 359, §1 (AMD).]
22 M.R.S. § 8706 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8706
22 §8706. Revenues and expenditures
Status: in_force

1. Transition funding. [PL 1999, c. 353, §10 (RP).]

2. Permanent funding. Permanent funding for the organization is provided from reasonable costs, user fees and assessments according to this subsection and as provided by rules adopted by the board. A. Fees may be charged for the reasonable costs of duplicating, mailing, publishing and supplies. [PL 1997, c. 525, §3 (RPR).] B. Reasonable user fees must be charged on a sliding scale for the right to access and use the health data and information available from the organization. Fees may be charged for services provided to the department on a contractual basis. Fees may be reduced or waived for users that demonstrate a plan to use the data or information in research of general value to the public health or inability to pay the scheduled fees, as provided by rules adopted by the board. [PL 2005, c. 253, §6 (AMD).] C. The operations of the organization must be supported from 4 sources as provided in this paragraph: (1) Fees collected pursuant to paragraphs A and B ; (2) Annual assessments of not less than $100 assessed against the following entities licensed under Titles 24 and 24‑A : nonprofit hospital and medical service organizations, health insurance carriers and health maintenance organizations on the basis of the total annual health care premium; and 3rd-party administrators, carriers that provide only administrative services for a plan sponsor and pharmacy benefits managers that process and pay claims on the basis of claims processed or paid for each plan sponsor. The assessments are to be determined on an annual basis by the board. Health care policies issued for specified disease, accident, injury, hospital indemnity, disability, long-term care or other limited benefit health insurance policies are not subject to assessment under this subparagraph. For purposes of this subparagraph, policies issued for dental services are not considered to be limited benefit health insurance policies. The total dollar amount of assessments under this subparagraph must equal the assessments under subparagraph (3); (3) Annual assessments of not less than $100 assessed by the organization against providers. The assessments are to be determined on an annual basis by the board. The total dollar amount of assessments under this subparagraph must equal the assessments under subparagraph (2); and (4) Annual assessments of $500 assessed by the organization against prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers. The aggregate level of annual assessments under subparagraphs (2), (3) and (4) must be an amount sufficient to meet the organization's expenditures authorized in the state budget established under Title 5, chapter 149 . The board may waive assessments otherwise due under subparagraphs (2), (3) and (4) when a waiver is determined to be in the interests of the organization and the parties to be assessed. [PL 2019, c. 470, §7 (AMD).] [PL 2019, c. 470, §7 (AMD).]

3. Use of funds. The organization shall use the revenues from fees, assessments and user fees to defray the costs incurred by the board pursuant to this chapter, including staff salaries, administrative expenses, data system expenses, consulting fees and any other reasonable costs incurred to administer this chapter. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

4. Budget. The expenditures of the organization are subject to legislative approval in the biennial budget process. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

5. Unexpended funds. Any funds not expended at the end of a fiscal year may not lapse but must be carried forward to the succeeding fiscal year. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

6. Deposit with Treasurer of State. The organization shall deposit all payments made pursuant to this section with the Treasurer of State into a dedicated account. The deposits must be used for the sole purpose of paying the expenses of the organization. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]
22 M.R.S. § 1552 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1552
22 §1552. Application procedure
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Application process; license fees. An applicant for an annual retail tobacco license shall file an application in the form required by the department. The department shall make provisions for applications under this section. The department shall determine annually by rulemaking the fee for a retail tobacco license, including the proration of an initial license that is issued for less than one year. The applicant shall enclose the fee with the application for the license. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 199, §1 (AMD).]

2. Term of license. All retail tobacco licenses are valid for a term beginning April 1st and ending the following March 31st, or in the case of an initial license issued after April 1st, for a term beginning on the date of issue and ending the following March 31st, unless suspended, revoked or not subject to the transfer under section 1553 . Licenses that have been suspended or revoked may be reinstated, as permitted by the District Court decision issued under subchapter 2 , upon the receipt of an application for reinstatement and payment of all penalties and an application fee of $50. [PL 2009, c. 199, §2 (AMD).]

3. (TEXT EFFECTIVE UNTIL 1/05/26) Multiple licenses. Except as provided in subsection 3‑A , a licensee applying for licenses to operate more than one premises or more than one vending machine shall obtain a separate license for each premises and each machine and shall pay the fee prescribed for each premises and each machine. [PL 2005, c. 145, §1 (AMD).]

3. (TEXT EFFECTIVE 1/05/26) Multiple licenses. Except as provided in subsection 3‑A , a licensee applying for licenses to operate more than one premises shall obtain a separate license for each premises and shall pay the fee prescribed for each premises. [PL 2025, c. 367, §5 (AMD); PL 2025, c. 367, §20 (AFF).]

3-A. (TEXT EFFECTIVE UNTIL 1/05/26) Seasonal mobile tobacco vendor license. An applicant who is a seasonal mobile tobacco vendor may purchase a single annual license authorizing that vendor to operate at 2 or more agricultural fairs, festivals or exhibitions held during the agricultural fair season. A license issued under this subsection must clearly specify the name and location of each fair, festival or exhibition at which the licensee is authorized to operate and, for each location, the specific dates and number of machines for which the licensee is authorized. A licensee may not operate at any agricultural fair, festival or exhibit except as specifically provided in that license. A seasonal mobile tobacco vendor license expires upon the conclusion of the agricultural fairs, festivals or exhibitions for which it was issued. Upon issuing a license under this subsection, the department shall immediately provide the information required by this subsection to the Office of the Attorney General for purposes of inspection and enforcement. [PL 2009, c. 199, §3 (AMD).]

3-A. (TEXT EFFECTIVE 1/05/26) Seasonal mobile tobacco vendor license. An applicant who is a seasonal mobile tobacco vendor may purchase a single annual license authorizing that vendor to operate at 2 or more agricultural fairs, festivals or exhibitions held during the agricultural fair season. A license issued under this subsection must clearly specify the name and location of each fair, festival or exhibition at which the licensee is authorized to operate and, for each location, the specific dates for which the licensee is authorized. A licensee may not operate at any agricultural fair, festival or exhibition except as specifically provided in that license. A seasonal mobile tobacco vendor license expires upon the conclusion of the agricultural fairs, festivals or exhibitions for which it was issued. Upon issuing a license under this subsection, the department shall immediately provide the information required by this subsection to the Office of the Attorney General for purposes of inspection and enforcement. [PL 2025, c. 367, §6 (AMD); PL 2025, c. 367, §20 (AFF).]

4. Application fees. All application fees must be deposited in the Health Inspection Program account, which is an Other Special Revenue Funds account in the Maine Center for Disease Control and Prevention, to be used by the department to defray administrative costs for retail tobacco licensure. [PL 2017, c. 284, Pt. CCCC, §1 (AMD).]

5. False answer given intentionally. A person who intentionally gives a false answer in an application for a retail tobacco license violates Title 17‑A, section 453 . [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
22 M.R.S. § 1718-C — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-C
22 §1718-C. Patient request for good faith estimate or other information related to price of medical services
Status: in_force

1. Uninsured or self-pay patient; good faith estimate. Upon the request of an uninsured or self-pay patient, a health care entity, as defined in section 1718‑B, subsection 1, paragraph B , shall provide to the patient a good faith estimate of the total price of medical services to be rendered directly by that health care entity during a single medical encounter as follows. A. The health care entity shall provide the good faith estimate within the following time frames: (1) When the medical encounter is scheduled at least 3 business days before the date the medical encounter is scheduled to be furnished or when the patient is seeking urgent care as defined in Title 24‑A, section 4301‑A, subsection 21 , the estimate must be provided no later than one business day after the date of scheduling or the date of the request if the patient is seeking urgent care; (2) When the medical encounter is scheduled at least 10 business days before the encounter is scheduled to be furnished, the estimate must be provided no later than 3 business days after the date of scheduling; or (3) In all other circumstances, the estimate must be provided no later than 3 business days after the date of the request. [PL 2023, c. 584, Pt. A, §3 (NEW).] B. If the health care entity is unable to provide an accurate estimate of the total price of a specific medical service because the amount of the medical service to be rendered during the medical encounter is unknown in advance, the health care entity shall provide a brief description of the basis for determining the total price of that particular medical service. [PL 2023, c. 584, Pt. A, §3 (NEW).] C. If the single medical encounter will involve medical services to be rendered by one or more 3rd-party health care entities, the health care entity shall identify each 3rd‑party health care entity to enable the uninsured patient to seek an estimate of the total price of medical services to be rendered directly by each health care entity to that patient. [PL 2023, c. 584, Pt. A, §3 (NEW).] D. A good faith estimate must separately disclose the prices for each component of medical services, including any facility fees or fees for professional services, and the current procedural terminology codes used by the American Medical Association for those services. [PL 2023, c. 584, Pt. A, §3 (NEW).] E. When providing an estimate as required by this subsection, the health care entity shall also notify the uninsured patient of any financial assistance policy adopted by the health care entity and the availability of public or private health care coverage. [PL 2023, c. 584, Pt. A, §3 (NEW).] F. Notwithstanding other provisions of this subsection, a health care entity does not violate this subsection if it provides a good faith estimate to the patient in compliance with federal regulations. [PL 2023, c. 584, Pt. A, §3 (NEW).] [PL 2023, c. 584, Pt. A, §3 (NEW).]

2. Insured patient; description of medical services and current procedural terminology codes. Upon the request of an insured patient, a health care entity, as defined in section 1718‑B, subsection 1, paragraph B , shall provide to the patient a description of the medical services to be rendered directly by that health care entity during a single medical encounter and the applicable standard medical codes or current procedural terminology codes used by the American Medical Association for those services as follows. A. The health care entity shall comply with the request within the following time frames: (1) When the medical encounter is scheduled at least 3 business days before the date the medical encounter is scheduled to be furnished or when the patient is seeking urgent care as defined in Title 24‑A, section 4301‑A, subsection 21 , the health care entity must respond no later than one business day after the date of scheduling or the date of the request if the patient is seeking urgent care; (2) When the medical encounter is scheduled at least 10 business days before the encounter is scheduled to be furnished, the health care entity must respond no later than 3 business days after the date of scheduling; or (3) In all other circumstances, the health care entity must respond no later than 3 business days after the date of the request. [PL 2023, c. 584, Pt. A, §3 (NEW).] B. If the single medical encounter will involve medical services to be rendered by one or more 3rd-party health care entities, the health care entity shall identify each 3rd‑party health care entity to enable the patient to seek a description of the medical services to be rendered directly by that 3rd-party health care entity to that patient and the applicable standard medical codes or current procedural terminology codes used by the American Medical Association for those services. [PL 2023, c. 584, Pt. A, §3 (NEW).] C. The health care entity shall also notify the patient that the patient may use the information provided to request an estimate of the out-of-pocket costs expected to be paid by the patient from the patient's health insurance carrier. [PL 2023, c. 584, Pt. A, §3 (NEW).] D. When providing the information required by this subsection, the health care entity shall also notify the insured patient of any financial assistance policy adopted by the health care entity and the availability of other public or private health insurance coverage. [PL 2023, c. 584, Pt. A, §3 (NEW).] E. Notwithstanding this subsection, if federal regulations are implemented that set forth requirements for health care entities to provide estimates to an insured patient, a health care entity shall comply with federal regulations and does not commit a violation of this subsection. [PL 2023, c. 584, Pt. A, §3 (NEW).] [PL 2023, c. 584, Pt. A, §3 (NEW).]
22 M.R.S. § 3890-A — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3890-A
22 §3890-A. General conditions; dissolution
Status: in_force

The following conditions apply to the operation or dissolution of the fund. [PL 1993, c. 600, Pt. A, §16 (NEW).]

1. Net earnings of the fund. A member, officer, director or employee may not benefit from any part of the net earnings of the fund. Net earnings of the fund may be used to pay reasonable compensation for services rendered and to hold, manage and dispose of its property in furtherance of the purposes of the fund. [PL 1993, c. 600, Pt. A, §16 (NEW).]

2. Dissolution of fund. Upon dissolution of the fund, the members shall transfer any unexpended General Fund appropriations to the State and pay or make provisions for the payment of all other liabilities of the fund. All other principal and accrued interest in the fund must be transferred to the Maine Child Abuse Prevention Councils and restricted to the support of primary prevention of child abuse and neglect in the State. [PL 2009, c. 204, §11 (AMD).]
22 M.R.S. § 1554-B — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1554-B
22 §1554-B. Sale without valid license; multiple violations; penalties
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL 1/05/26) License required. A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1 . [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

1. (TEXT EFFECTIVE 1/05/26) License required. A person may not engage in retail tobacco sales in the ordinary course of trade in this State without a valid license issued under subchapter 1 . [PL 2025, c. 367, §8 (AMD); PL 2025, c. 367, §20 (AFF).]

2. Penalties. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Prior convictions. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 3174-B — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-B
22 §3174-B. Medicaid report
Status: in_force

1. Special report. The commissioner shall prepare an annual report detailing all receipts and expenditures in the Medicaid program for the prior year and proposals for the coming year. A. This document shall include, but not be limited to, the following information: A listing of revenues and expenditures for every professional, institutional or other service provided in the Medicaid program. This shall include levels of service, rates of reimbursement, numbers of providers and recipients of service and shall specify areas where there is discretion on the use of these funds by the State. This report shall also list all transfers of funds between Medicaid line accounts or service reimbursements and the reasons for those transfers. [PL 1985, c. 392 (NEW).] B. The information provided under paragraph A shall be broken into lines for both federal and state funds, as well as combined totals. [PL 1985, c. 392 (NEW).] [PL 1985, c. 392 (NEW).]

2. Submission to Legislature. The Medicaid report prepared pursuant to subsection 1 must be submitted to the Legislature prior to January 15th of each year. The report submitted under this section must be transmitted to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters. [PL 1999, c. 731, Pt. AA, §1 (AMD).]

3. Monthly expenditure projections. The commissioner shall prepare a monthly report detailing all expenditures in the Medical Care - Payments to Providers program for each month of every fiscal year. This document must include sufficient detail, including expenditures by fund and category of service, for the month as well as historical data, fiscal year-to-date amounts and projections for the remainder of the biennium and the ensuing biennium. The report also must include monthly statistics on the number of individuals eligible for Medicaid and Children's Health Insurance Program benefits. The report must be submitted to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters no later than 15 days following the end of each month. [PL 2023, c. 597, §4 (AMD).]
22 M.R.S. § 685 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 685
22 §685. Training programs
Status: in_force

The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of this Act, and may make the personnel available for participation in any program or programs of the Federal Government, other states or interstate agencies in furtherance of the purposes of this Act. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 3736 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3736
22 §3736. Eligibility
Status: in_force

1. Single application form. By October 1, 1993, the department shall develop a universal application for all publicly funded child care programs for applicants who are seeking child care as their primary service. By January 1, 1994, the department shall require all caseworkers and contractors to use the form to determine eligibility for those applicants. Applicants submitting applications to more than one caseworker or contractor may submit photocopies or facsimile copies. [PL 2011, c. 388, §8 (AMD).]

2. Eligibility decision within 15 days; retroactive reimbursement. The department shall determine eligibility for child care programs administered under this chapter within 15 days of receiving a completed application. If a contractor determines eligibility, the department shall require that the contractor determine eligibility within 15 days of receiving a completed application. The department shall provide retroactive reimbursement to a child care program that provided tuition assistance to an applicant during the application period. [PL 2023, c. 412, Pt. VVV, §2 (AMD).]

3. Application; effective date. If an applicant for child care programs administered under this chapter is determined eligible, child care assistance must be provided retroactively to the date of application. [PL 2015, c. 267, Pt. RRRR, §1 (NEW).]

4. Changes in eligibility. The department shall notify a provider of child care services provided under this chapter within 2 business days of when a recipient's eligibility changes. [PL 2023, c. 412, Pt. VVV, §3 (NEW).]
22 M.R.S. § 2023-A — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2023-A
22 §2023-A. Fees
Status: in_force

The department shall adopt a schedule of fees by rulemaking to implement provisions of this chapter. [PL 1991, c. 528, Pt. J, §2 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §2 (NEW).]
22 M.R.S. § 47 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 47
22 §47. Penalties and jurisdiction
Status: in_force

1. Hinder, obstruct or interfere with agent. A person who hinders, obstructs or interferes with an officer, inspector or duly authorized agent of the department while in the performance of the officer's, inspector's or agent's duties commits a Class E crime. [PL 2003, c. 452, Pt. K, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Violation of order, rule or regulation. A person who violates an order, rule or regulation of the department made for the protection of life or health under law commits a Class E crime unless otherwise provided in this Title. [PL 2003, c. 452, Pt. K, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Violation of Title. Unless another penalty has been expressly provided, a person who violates a provision of this Title or intentionally or knowingly fails, neglects or refuses to perform any of the duties imposed upon that person by this Title commits a Class E crime. [PL 2003, c. 452, Pt. K, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. K, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 1696 — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1696
22 §1696. Hazardous air pollutants
Status: in_force

1. Findings and declaration of purpose. The Legislature finds that: A. Pure scientific considerations must govern the review and evaluation of potential health risks associated with chemical pollutants; [PL 1983, c. 835, §1 (NEW).] B. Scientific review and evaluation of potential health risks associated with potential hazardous air pollutants is an integral component of a successful hazardous air pollutant control program; and [PL 1983, c. 835, §1 (NEW).] C. The scientific review and evaluation is the responsibility of the Department of Health and Human Services which is charged with the protection of the public health and welfare and has the professional expertise to assess potential public health risks from chemical hazards. [PL 1983, c. 835, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1983, c. 835, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Duties. The Department of Health and Human Services, through the Environmental Health Program in the Bureau of Health, with the advice of and peer review by the Scientific Advisory Panel, shall: A. Collect and consider the health data for substances or classes of substances which are under consideration for regulation as hazardous air pollutants by the Board of Environmental Protection; [PL 1983, c. 835, §1 (NEW).] B. Establish a protocol for the health risk review and evaluation of potentially hazardous air pollutants for the following parameters: Carcinogenicity; in vivo and in vitro mutagenicity; teratogenicity; reproductive effects; neurotoxicity; acute and chronic reversible and irreversible effects; pharmacokinetics and pharmacodynamics; high-risk groups; bioaccumulation; and atmospheric fate; [PL 1983, c. 835, §1 (NEW).] C. Report the health consequences of exposure to various ambient air concentrations indicating a range of risk levels for cancer-causing substances and the health consequences of exposure to various ambient air concentrations of noncancer-causing substances, after considering the adequacy of the data base, animal to human extrapolation, high-risk groups and any other health-based considerations; and [PL 1983, c. 835, §1 (NEW).] D. Report whether exposure to the substance should be considered for regulation by the Board of Environmental Protection to protect public health. [PL 1983, c. 835, §1 (NEW).] [PL 1983, c. 835, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Requests for review. Requests for review shall be as follows. A. The bureau shall review or evaluate the potential health risks associated with potentially hazardous air pollutants at the request of: (1) The director; (2) The chair of the Science Advisory Panel; (3) Four or more members of the Science Advisory Panel; or (4) The Commissioner of Environmental Protection following notice to the director of the bureau. [RR 2021, c. 2, Pt. B, §103 (COR).] B. Requests from parties other than those listed in this subsection shall be reviewed by the Director of the Bureau of Health and, if justified, shall be pursued. The director may assess any reasonable costs to the party making those requests. [PL 1983, c. 835, §1 (NEW).] [RR 2021, c. 2, Pt. B, §103 (COR).]

4. Reporting. The director shall compile all available information and prepare a report for each substance, class of substances or pollutants evaluated and submit this report to the commissioner, director or chair of the group that requested the health risk review and evaluation. [RR 2021, c. 2, Pt. B, §104 (COR).]
22 M.R.S. § 7273 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7273
22 §7273. Severability and construction - Article 13
Status: in_force

1. Severable. The provisions of this compact are severable, and if any phrase, clause, sentence or provision is determined unenforceable, the remaining provisions of the compact are enforceable. [PL 2011, c. 217, §1 (NEW).]

2. Liberally construed. The provisions of this compact must be liberally construed to effectuate its purposes. [PL 2011, c. 217, §1 (NEW).]

3. Concurrent applicability. Nothing in this compact may be construed to prohibit the applicability of other interstate compacts to which the states are members. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 4313 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4313
22 §4313. Reimbursement to individuals relieving eligible persons; prior approval; emergencies
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Municipalities, as provided in section 4307 , shall pay expenses necessarily incurred for providing basic necessities to eligible persons anywhere in the State by any person not liable for their support provided that the municipality of responsibility shall be notified and approve those expenses and services prior to their being made or delivered, except as provided in this section. [PL 1983, c. 577, §1 (NEW).]

1. (TEXT EFFECTIVE UNTIL 7/01/26) Emergency care. In the event of an admission of an eligible person to the hospital, the hospital shall notify the overseer of the liable municipality within 5 business days of the person's admission. In no event may hospital services to a person who meets the financial eligibility guidelines adopted pursuant to section 1716 be billed to the patient or to a municipality. [PL 1995, c. 696, Pt. A, §40 (AMD).]

1. (TEXT EFFECTIVE 7/01/26) Emergency care. In the event of an admission of an eligible person to the hospital, the hospital shall notify the overseer of the liable municipality within 5 business days of the person's admission. If the person meets the financial eligibility requirements for charity care under section 1716‑A, hospital services may not be billed to the person or to a municipality. [PL 2025, c. 488, §4 (AMD); PL 2025, c. 488, §8 (AFF).]

2. Burial or cremation. In the event of the death of an eligible person, the funeral director shall notify the overseer prior to burial or cremation or by the end of 3 business days following the funeral director's receipt of the body, whichever is earlier. Notwithstanding section 4305, subsection 3, paragraph C, a decision on any application for assistance with burial expenses need not be rendered until the overseer has verified that a relative or other resource is not available to pay for the direct burial or cremation costs, but the decision must be rendered within 8 days after receiving an application. The parent, grandparent, children or grandchildren, by consanguinity, or the spouse or domestic partner are responsible for the burial or cremation costs of the eligible person in proportion to their respective abilities. When no legally liable relative possesses a financial capacity to pay either in lump sum or on an installment basis for the direct costs of a burial or cremation, the contribution of a municipality under this subsection is limited to a reasonable calculation of the funeral director's direct costs, less any and all contributions from any other source. [RR 2021, c. 2, Pt. B, §200 (COR).]
22 M.R.S. § 4261 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4261
22 §4261. Rule-making functions of the interstate commission - Article 11 (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. Rules. The interstate commission shall adopt and publish rules in order to effectively and efficiently achieve the purposes of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 255, §6 (NEW).]

2. Rule-making criteria. Rulemaking must occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant to this section. Rulemaking must substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or the other administrative procedure acts as the interstate commission determines appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the interstate commission. [PL 2007, c. 255, §6 (NEW).]

3. Adopting rule. When adopting a rule, the interstate commission shall, at a minimum: A. Publish the proposed rule's entire text stating the reason for that proposed rule; [PL 2007, c. 255, §6 (NEW).] B. Allow and invite all persons to submit written data, facts, opinions and arguments, which information must be added to the record and be made publicly available; and [PL 2007, c. 255, §6 (NEW).] C. Adopt a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

4. Effect of law. Rules adopted by the interstate commission have the force and effect of statutory law and supersede any state law, rule or regulation to the extent of any conflict. [PL 2007, c. 255, §6 (NEW).]

5. Judicial review. Not later than 60 days after a rule is adopted, an interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rule-making record, the court shall hold the rule unlawful and set it aside. [PL 2007, c. 255, §6 (NEW).]

6. Reject rule. If a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that the rule has no further force and effect in any member state. [PL 2007, c. 255, §6 (NEW).]

7. Existing rules. The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this chapter are void no less than 12 but no more than 24 months after the first meeting of the interstate commission created under this chapter, as determined by the members during the first meeting. [PL 2007, c. 255, §6 (NEW).]

8. Scope of rules. Within the first 12 months of operation, the interstate commission shall adopt rules addressing the following: A. Transition rules; [PL 2007, c. 255, §6 (NEW).] B. Forms and procedures; [PL 2007, c. 255, §6 (NEW).] C. Time lines; [PL 2007, c. 255, §6 (NEW).] D. Data collection and reporting; [PL 2007, c. 255, §6 (NEW).] E. Rulemaking; [PL 2007, c. 255, §6 (NEW).] F. Visitation; [PL 2007, c. 255, §6 (NEW).] G. Progress reports and supervision; [PL 2007, c. 255, §6 (NEW).] H. Sharing of information and confidentiality; [PL 2007, c. 255, §6 (NEW).] I. Financing of the interstate commission; [PL 2007, c. 255, §6 (NEW).] J. Mediation, arbitration and dispute resolution; [PL 2007, c. 255, §6 (NEW).] K. Education, training and technical assistance; [PL 2007, c. 255, §6 (NEW).] L. Enforcement; and [PL 2007, c. 255, §6 (NEW).] M. Coordination with other interstate compacts. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

9. Emergency. Upon determination by a majority of the members of the interstate commission that an emergency exists: A. The interstate commission may adopt an emergency rule only if it is required to: (1) Protect a child covered by this chapter from an imminent threat to health, safety and well-being; (2) Prevent loss of federal or state funds; or (3) Meet a deadline for the adoption of an administrative rule required by federal law; [PL 2007, c. 255, §6 (NEW).] B. An emergency rule becomes effective immediately upon adoption, as long as the usual rule-making procedures provided under this section are retroactively applied to the rule as soon as reasonably possible but no later than 90 days after the effective date of the emergency rule; and [PL 2007, c. 255, §6 (NEW).] C. An emergency rule must be adopted as provided for in the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 3890 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3890
22 §3890. Annual report; audit
Status: in_force

By February 15th, the board shall provide an annual report and an annual independent audit of its activities to the Governor, the joint standing committee of the Legislature having jurisdiction over human resources matters and the public. The annual report must provide a summary of the fund for the previous fiscal year according to generally accepted accounting principles. [PL 1993, c. 600, Pt. A, §16 (NEW).]
22 M.R.S. § 8631 — ME Code / Title 22 / Subtitle 6 / Chapter 1681 / Section 8631
22 §8631. Volunteer hospice programs
Status: in_force

A volunteer hospice program must comply with this section and with all provisions of subchapter I that are relevant to a volunteer hospice program. [PL 1993, c. 692, §1 (NEW).]

1. Direct services. At a minimum, a direct service volunteer must: A. Submit a written application; [PL 1993, c. 692, §1 (NEW).] B. Undergo a screening interview and a posttraining interview; [PL 1993, c. 692, §1 (NEW).] C. Attend a 20-hour standard training program; [PL 1993, c. 692, §1 (NEW).] D. Submit a confidentiality statement; and [PL 1993, c. 692, §1 (NEW).] E. If the volunteer will transport individuals, have proof of auto insurance and a valid driver's license. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

2. Policies and procedures. Hospice programs shall develop and maintain policies and procedures that address the following: A. Recruitment, retention and dismissal; [PL 1993, c. 692, §1 (NEW).] B. Screening; [PL 1993, c. 692, §1 (NEW).] C. Orientation; [PL 1993, c. 692, §1 (NEW).] D. Scope of function; [PL 1993, c. 692, §1 (NEW).] E. Supervision; [PL 1993, c. 692, §1 (NEW).] F. Ongoing training and support; [PL 1993, c. 692, §1 (NEW).] G. Interdisciplinary team conferencing; [PL 1993, c. 692, §1 (NEW).] H. Records of volunteer activities; and [PL 1993, c. 692, §1 (NEW).] I. Bereavement services. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

3. Duties of coordinator. Volunteer services must be directed by a coordinator of volunteer services who shall: A. Implement a direct service volunteer program; [PL 1993, c. 692, §1 (NEW).] B. Coordinate the orientation, education, support and supervision of direct service volunteers; and [PL 1993, c. 692, §1 (NEW).] C. Coordinate the use of direct service volunteers with other hospice staff. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

4. Demonstrated knowledge. Volunteers must demonstrate knowledge of and ability to access community resources that reflect the full scope of hospice care. [PL 1993, c. 692, §1 (NEW).]
22 M.R.S. § 3174-Z — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-Z
22 §3174-Z. Private, nonmedical and board and care institutions
Status: in_force

Rules concerning the principles for reimbursement for private, nonmedical and board and care institutions must be major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 404, §1 (NEW).]
22 M.R.S. § 2517-A — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517-A
22 §2517-A. Post mortem examination of carcasses
Status: in_force

The commissioner shall appoint inspectors to examine the carcasses and parts of carcasses of all livestock and poultry to be prepared at a slaughtering, meat-canning, salting, packing, rendering or similar official establishment in the State as articles of commerce that are useable as human food. The carcasses and parts of carcasses of all such animals found to be not adulterated must be marked, stamped, tagged or labeled as "Inspected and Passed" and the inspectors shall label, mark, stamp or tag as "Inspected and Condemned" all carcasses and parts of carcasses of animals found to be adulterated. All carcasses and parts thus inspected and condemned must be destroyed for food purposes by the official establishment in the presence of an inspector. The commissioner may remove inspectors from any such official establishment that fails to so destroy any condemned carcass or part of a carcass. The inspectors, after the first inspection, shall, when they consider it necessary, reinspect the carcasses or parts of carcasses to determine whether, since the first inspection, the same have become adulterated and, if any carcass or any part of the carcass, upon examination and inspection subsequent to the first examination and inspection, is found to be adulterated, the carcass must be destroyed for food purposes by the official establishment in the presence of an inspector. The commissioner may remove inspectors from an official establishment that fails to so destroy any condemned carcass or part of a carcass. [PL 2021, c. 64, §21 (AMD).]
22 M.R.S. § 2710 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2710
22 §2710. Domestic partner registry
Status: in_force

1. Registry. The Office of Data, Research and Vital Statistics within the department, referred to in this section as "the registry," shall establish a domestic partner registry. [PL 2009, c. 601, §15 (AMD).]

2. Registered domestic partners; eligibility. Domestic partners may become registered domestic partners if: A. At the time when a declaration under subsection 3 is filed, each domestic partner is a mentally competent adult and not impaired or related in a fashion that would prohibit marriage under Title 19‑A, section 701, subsection 2 , 3 or 4 ; [PL 2003, c. 672, §17 (NEW).] B. The domestic partners have been legally domiciled together in this State for at least 12 months preceding the filing; [PL 2003, c. 672, §17 (NEW).] C. Neither domestic partner is married or in a registered domestic partnership with another person; and [PL 2003, c. 672, §17 (NEW).] D. Each domestic partner is the sole domestic partner of the other and expects to remain so. [PL 2003, c. 672, §17 (NEW).] As used in this section, "domestic partners" means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. [PL 2003, c. 672, §17 (NEW).]

3. Registration. To become registered domestic partners, domestic partners must jointly file with the registry a declaration under oath of domestic partnership together with the required filing fee. The registry shall file the declaration in the domestic partner registry established pursuant to subsection 1 and return 2 copies of the declaration to the domestic partners at the address provided as their common residence. The registry must charge a fee for registration that is adequate to pay the projected costs for managing the registry. [PL 2003, c. 672, §17 (NEW).]

4. Termination. A registered domestic partnership is terminated by the marriage of either registered domestic partner or by the filing with the registry of: A. A notice under oath signed by both registered domestic partners before a notary that the registered domestic partners consent to the termination; or [PL 2003, c. 672, §17 (NEW).] B. A notice under oath from either registered domestic partner that the other registered domestic partner was served in hand with a notice of intent to terminate the partnership. If service in hand is not feasible, then substitute service may be accomplished in the same fashion as provided by the Maine Rules of Civil Procedure for commencement of a civil action. Termination under this paragraph is not effective until 60 days after service is complete. [PL 2003, c. 672, §17 (NEW).] [PL 2003, c. 672, §17 (NEW).]

5. Indemnity. If a 3rd party in reliance on the existence of a registered domestic partnership suffers loss because of a failure to receive adequate notice of termination under subsection 4 , each registered domestic partner responsible for the failure to give notice is liable to pay the loss. [PL 2003, c. 672, §17 (NEW).]

6. Forms. The registry shall develop standard forms for the declaration and termination of registered domestic partnerships. A. The declaration must adequately identify each individual signing the form by name, including former names, residence and date and place of birth. [PL 2003, c. 672, §17 (NEW).] B. The declaration must contain an assertion under oath that each individual meets the requirements of subsection 2 at the time the declaration is filed. [PL 2003, c. 672, §17 (NEW).] C. The declaration must contain a warning that registration may affect property and inheritance rights, that registration is not a substitute for a will, a deed or a partnership agreement and that any rights conferred by registration may be completely superseded by a will, a deed or other instruments that may be executed by either party. The declaration must also contain instructions on how the partnership may be terminated. [PL 2003, c. 672, §17 (NEW).] [PL 2003, c. 672, §17 (NEW).]
22 M.R.S. § 4063 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4063
22 §4063. Religious faith of placements; parents' request
Status: in_force

If the parents of a child in the custody of the department request in writing that the child be placed in a family of the same general religious faith, for foster care or adoption, the department shall do so when a suitable family of that faith can be found. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 3174-FF — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-FF
22 §3174-FF. MaineCare Basic
Status: in_force

1. Established. The MaineCare Basic program is established to deliver medically necessary health care services to adult members of the MaineCare program. [PL 2003, c. 673, Pt. MMM, §1 (NEW).]

2. Rules. The department shall adopt rules to implement MaineCare Basic in accordance with this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 673, Pt. MMM, §1 (NEW).]

3. Services. The rules adopted pursuant to subsection 2 must provide for access to medically necessary services as provided in the federally approved Medicaid state plan. Benefits for certain services are limited as follows. A. A member is eligible for speech therapy benefits if the member has been assessed to have rehabilitation potential or a demonstrated medical necessity for speech therapy to avoid a significant deterioration in the member's ability to communicate orally, safely swallow or masticate. In order for the member to be eligible for speech therapy benefits, a physician must document that the member has experienced a significant decline in ability to communicate orally, safely swallow or masticate or may reasonably suffer a significant deterioration in these functions if therapy is not provided. Speech therapy benefits must cover one initial evaluation of the member per provider per year and one reevaluation every 6 months per provider. Speech therapy benefits must cover outpatient therapy provided in the home, independent practitioners' offices and speech and hearing clinic sites. [PL 2007, c. 71, §1 (RPR).] B. A member is eligible for rehabilitation services benefits for brain injury subject to levels of care determined by rule. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] C. A member is eligible for psychological services benefits for individual and group counseling. Benefits for one or both types of counseling combined are limited to a total of 16 one-hour visits per year, except that the department may increase the maximum number of visits for psychological services to 24 visits in a 12-month period as long as any cost associated with this increase is offset by savings from managing the use of these services by methods that may include prior authorization. [PL 2005, c. 680, §1 (AMD).] D. A member is eligible for benefits for durable medical equipment, prosthetics and orthotics for one pair of shoes and one pair of inserts per year, medical supplies required to meet standard daily needs and power wheelchairs for a member who is nonambulatory and has a significant neuromuscular disease or disorder. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] E. A member is eligible for occupational and physical therapy benefits provided by occupational and physical therapists licensed under Title 32 and who are acting within their scope of practice. Services of occupational and physical therapists may be provided in all outpatient settings, including the home. For services subject to this paragraph, the department may require a member to have that member's rehabilitation potential documented by a physician and may limit treatment to: (1) Treatment following an acute hospital stay for a condition affecting range of motion, muscle strength and physical functional abilities; (2) Treatment after a surgical procedure performed for the purpose of improving physical function; or (3) Treatment in those situations in which a physician has documented that the patient has in the preceding 30 days required extensive assistance in the performance of one or more of the following activities of daily living: eating, toileting, locomotion, transfer or bed mobility. The department may limit occupational and physical therapy services benefits under this paragraph for palliative care and maintenance of function to one visit per year to design a plan of care and train the member or caretaker of the member to implement the plan or to reassess the plan of care. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] F. A member is eligible for benefits for chiropractic services provided by a chiropractor licensed under Title 32 . Benefits under this paragraph may be limited by the department by requiring a member to have that member's rehabilitation potential documented by a physician. Benefits may be limited to treatment as follows: (1) Treatment for acute neuromuscular skeletal conditions affecting range of motion, muscle strength and physical functional abilities; or (2) Treatment after a surgical procedure performed for the purpose of improving physical function. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] G. A member is eligible for benefits under the private duty nursing and personal care program and waiver programs for the physically disabled or elderly as long as those benefits may be limited by reductions in units of service or by rate reductions. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] H. A member who is eligible for benefits under section 3174‑G, subsection 1, paragraph F is eligible for benefits under this section subject to the provisions of paragraphs A to G and to additional rules limiting benefits as specified in this paragraph. (1) Benefits for inpatient hospital admissions are limited to 2 per year, except that more admissions may be approved through prior authorization by the department. This subparagraph does not limit inpatient hospital benefits for laboratory services, x-ray services, prenatal care and mental health diagnoses. (2) Benefits for outpatient visits to a hospital are limited to 5 per year, except that more visits may be approved through prior authorization by the department. This subparagraph does not limit benefits for visits for laboratory services, x-ray services, prenatal care and mental health diagnoses. (3) Benefits for brand-name prescription medications are limited to 5 medications dispensed during the same time period, except that benefits for additional brand-name medications may be approved through prior authorization by the department. In addition to the brand-name limitation, as compared to members who are eligible under other paragraphs of section 3174‑G, subsection 1 , prescription medication benefits for members who are eligible under paragraph F are limited by stricter prior authorization requirements, increased review of pharmacy use and a request for federal permission to waive freedom of choice. (4) A member who is eligible for benefits under section 3174‑G, subsection 1, paragraph F begins coverage on the date that the department determines that the member is eligible. [PL 2003, c. 673, Pt. MMM, §1 (NEW).] [PL 2007, c. 71, §1 (AMD).]
22 M.R.S. § 8737 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8737
22 §8737. Rulemaking
Status: in_force

The organization may adopt rules to implement this subchapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 470, §8 (NEW).]
22 M.R.S. § 7853 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7853
22 §7853. Rules
Status: in_force

The commissioner shall adopt rules for licensed assisted housing facilities. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A , except that rules to establish categories of licensed assisted housing facilities, including private nonmedical institutions, are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 176, §19 (AMD).]

1. Consultation. The rules must be developed in consultation with the long-term care ombudsman program established pursuant to section 5106, subsection 11‑C , consumer representatives and providers in the type of assisted housing facility to which the rules will apply. [PL 2023, c. 176, §20 (AMD).]

2. Subject matter. The rules must include, but are not limited to, administration, quality of care and treatment, if applicable, level and qualifications of staff, rights of residents, contracts, administration of medication, available public and private sources of payment, health and safety of residents and staff, community relations and licensing procedures. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

3. Administration of medication rules. In adopting the rules for administration of medication, the commissioner shall consider, among other factors, the general health of the persons likely to receive medication and the numbers of persons served and employed by the assisted housing facility. The department may require unlicensed personnel to have successfully completed a program of training and instruction, approved by the department for the administration of medication, that is not limited to in-service training. [PL 2023, c. 176, §21 (AMD).]

4. Residential care rules. The commissioner shall adopt rules for the various levels of residential care facilities. In addition to the subject matter of the rules listed in subsection 2 , the rules must include criteria for placement of residents who qualify for services as minors, as adults and as persons with disabilities. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

5. Assisted housing facility rules. The commissioner shall adopt rules for assisted housing facilities. In addition to the subject matter of rules listed in subsection 2 , the rules must recognize and promote the efficiencies inherent in providing services in the applicable setting with respect to staffing and other responsibilities, while ensuring quality of care and safety. The rules must set requirements and standards for services rendered in the applicable settings that recognize the differences between those settings and private homes served pursuant to chapter 419 . The rules must permit staff in assisted housing facilities to be shared in accordance with section 1812‑C, subsection 6‑A and section 7860 . [PL 2023, c. 176, §22 (AMD).]

6. Applicability of residents' rights rules. Any rules adopted pursuant to this section pertaining to residents' rights are applicable to licensed assisted housing facilities. [PL 2023, c. 176, §23 (AMD).]

7. Relationship to tax credit financing. In adopting rules under this section, the department shall give due consideration to and shall avoid conflicts with the requirements of the federal Internal Revenue Code of 1986 and regulations promulgated under the federal Internal Revenue Code of 1986 and any other requirements imposed by the federal Internal Revenue Service when financing based on low-income housing tax credits is utilized for the housing component of assisted housing facilities. [PL 2023, c. 176, §24 (AMD).]
22 M.R.S. § 2660-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-A
22 §2660-A. Restrictions on transport of water
Status: in_force

1. Prohibition. Except as otherwise provided in this section, a person may not transport water for commercial purposes by pipeline or other conduit or by tank vehicle or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in which water is naturally located or any bordering municipality or township. [PL 2013, c. 381, Pt. B, §2 (AMD).]

2. Exceptions. The prohibition in this section does not apply to: A. Any water utility as defined in Title 35‑A ; [PL 1987, c. 745, §1 (NEW); PL 1987, c. 816, Pt. KK, §20 (NEW).] B. Water transported for use in well drilling, construction activities, concrete mixing, swimming pool filling, servicing portable toilets, firefighting, hospital operations, aquaculture, agricultural applications or civil emergencies; [PL 1987, c. 745, §1 (NEW); PL 1987, c. 816, Pt. KK, §20 (NEW).] C. Water distilled as a by-product of a manufacturing process; [PL 2007, c. 399, §4 (AMD).] D. Water transported from a water source that, before July 1, 1987, was used to supply water for bottling and sale and that is used exclusively for bottling and is sold in its pure form or as a carbonated or flavored beverage product; and [PL 2007, c. 399, §4 (AMD).] E. Water withdrawn pursuant to a permit issued by the Department of Environmental Protection or the Maine Land Use Planning Commission. [PL 2007, c. 399, §4 (NEW); PL 2011, c. 682, §38 (REV).] [PL 2007, c. 399, §4 (AMD); PL 2011, c. 682, §38 (REV).]

3. Appeal. The commissioner, after consultation with the Public Utilities Commission, the Department of Environmental Protection and the State Geologist, may authorize transport of water for commercial purposes if the commissioner finds that: A. Transport of the water will not constitute a threat to public health, safety or welfare; and [PL 2007, c. 399, §5 (AMD).] B. [PL 2007, c. 399, §6 (RP).] C. [PL 2007, c. 399, §7 (RP).] D. For a source not otherwise permitted by the Department of Environmental Protection or the Maine Land Use Planning Commission, the water withdrawal will not have an undue adverse effect on waters of the State, as defined by Title 38, section 361‑A, subsection 7 ; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal. In making findings under this paragraph, the commissioner shall consider both the direct effects of the proposed water withdrawal and its effects in combination with existing water withdrawals. [PL 2005, c. 452, Pt. A, §2 (AMD); PL 2011, c. 682, §38 (REV).] Any authorization under this subsection is for a period not to exceed 3 years but may be renewed subject to the same criteria. The department may adopt rules necessary for the implementation of this subsection. The rules may include imposition of a fee to cover the costs of providing permits, including any impact studies required by the department. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 399, §§5-7 (AMD); PL 2011, c. 682, §38 (REV).]

3-A. Conditions of authorization. Notwithstanding Title 1, section 302 , the exceptions authorized in subsection 2 and any authorization granted under subsection 3 shall be subject to future legislative limitations of the right to transport water. [PL 1987, c. 745, §2 (NEW); PL 1987, c. 816, Pt. KK, §21 (NEW).]

4. Emergencies. In case of an emergency, any person may transport water as necessary for the duration of the emergency, but the person transporting the water must inform the commissioner within 3 days and the commissioner may determine when the emergency is over. [PL 1987, c. 531, §1 (NEW).]

5. Penalty. Any person who transports water in violation of this section is guilty of illegal transport of water. Illegal transport of water is a Class D crime. Each shipment or day of transport, if by pipeline, is a separate offense. [PL 1987, c. 531, §1 (NEW).]
22 M.R.S. § 3731 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3731
22 §3731. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates or unless they are inconsistent with federal law, the following terms have the following meanings. [PL 1993, c. 158, §2 (NEW).]

1. Child care. "Child care" means a regular service of care and education provided for compensation for any part of a day less than 24 hours to a child or children under 16 years of age whose parents work outside the home, attend an educational program or are otherwise unable to care for their children. "Child care" also means administrative functions related to the delivery of child care services, including, but not limited to, contract management, voucher administration, licensing, training, technical assistance and referral. [PL 2011, c. 388, §4 (AMD).]

2. Council. "Council" means the Maine Children's Cabinet Early Childhood Advisory Council established pursuant to Title 5, section 12004‑J, subsection 18 . [PL 2019, c. 450, §15 (AMD).]

2-A. Division. "Division" means the early childhood division of the Department of Health and Human Services, Office of Child and Family Services. [PL 2011, c. 388, §5 (NEW).]

3. Office. "Office" means the Office of Child Care and Head Start. [PL 1995, c. 502, Pt. D, §7 (AMD).]

4. Region. "Region" means a service delivery region established by the commissioner. [PL 2007, c. 539, Pt. N, §32 (AMD).]
22 M.R.S. § 9054 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9054
22 §9054. Background Check Center; procedures
Status: in_force

1. Bureau responsibilities. The bureau is responsible for working with the Background Check Center and federal and state agencies to facilitate background checks. [PL 2015, c. 299, §25 (NEW).]

2. Employer obligations. An employer subject to this chapter shall use the Background Check Center to conduct a comprehensive background check that includes a criminal history records check for all direct access workers. The employer shall comply with the requirements of this chapter, including, but not limited to, a biometric identifier-based background check, when making employment-related decisions for direct access workers. [PL 2023, c. 241, §59 (AMD).]

3. Direct access worker information. An employer seeking to hire, place or continue to employ an individual as a direct access worker shall: A. Obtain personally identifiable information for the individual that is sufficient to secure the required components of the background check using the Background Check Center; [PL 2015, c. 299, §25 (NEW).] B. Obtain the individual's informed consent and executed consent to release information to all entities as needed to conduct the background check investigation, analysis and monitoring process; [PL 2025, c. 243, §12 (AMD).] C. Secure a release executed by an individual seeking placement through a temporary nurse agency, personal care agency, placement agency or other agency to obtain the results of existing background checks conducted at the direction and expense of the temporary nurse agency, personal care agency, placement agency or other agency; and [PL 2015, c. 299, §25 (NEW).] D. Use and distribute department-approved forms as required for all pre-hire and post-employment background checks. [PL 2015, c. 299, §25 (NEW).] [PL 2025, c. 243, §12 (AMD).]

4. Placed or temporary direct access workers. A temporary nurse agency, personal care agency or placement agency engaged in the business of securing or attempting to secure direct access employment for individuals or of securing or attempting to secure a direct access worker for placement with another provider shall: A. Conduct and pay for the background check process required by this chapter; [PL 2015, c. 299, §25 (NEW).] B. Upon request, provide the background check record to the provider seeking to fill a position where the direct access employment will take place; and [PL 2015, c. 299, §25 (NEW).] C. Repeat the background check process for placed direct access workers after placement as mandated by rules adopted pursuant to this chapter, until the employment status shifts away from the placing entity to another entity, in which case the other entity then acquires the burden of paying for and conducting periodic background checks for the direct access workers who remain employed. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]

5. Subsequent background check; 5 years. An employer shall conduct a periodic subsequent background check in accordance with rules adopted pursuant to this chapter. Criminal history record checks for all direct access workers using a biometric identifier must be completed every 5 years subsequent to the anniversary date of a previous background check completed through use of the Background Check Center. [PL 2023, c. 241, §60 (AMD).]

6. Notice. An employer shall provide a department-approved notice to each individual who is required to participate in a background check. [PL 2015, c. 299, §25 (NEW).]

7. Providers; mandatory use. Use of the Background Check Center is mandatory for the following providers: A. [PL 2019, c. 660, §7 (RP).] B. [PL 2019, c. 660, §8 (RP).] C. [PL 2019, c. 660, §9 (RP).] D. [PL 2019, c. 660, §10 (RP).] E. [PL 2019, c. 660, §11 (RP).] F. Hospice providers; [PL 2015, c. 299, §25 (NEW).] G. Home health care providers; [PL 2015, c. 299, §25 (NEW).] H. Nursing facilities; [PL 2015, c. 299, §25 (NEW).] I. Personal care agencies and placement agencies; [PL 2015, c. 299, §25 (NEW).] J. Temporary nurse agencies; [PL 2015, c. 299, §25 (NEW).] K. Adult day care programs; [PL 2015, c. 299, §25 (NEW).] L. Assisted housing facilities; [PL 2023, c. 176, §38 (AMD).] M. Residential care facilities; [PL 2015, c. 299, §25 (NEW).] N. Intermediate care facilities for individuals with intellectual disabilities; [PL 2015, c. 299, §25 (NEW).] O. Mental health services facilities or providers; [PL 2023, c. 241, §61 (AMD).] P. [PL 2025, c. 243, §13 (RP).] Q. Substance use disorder treatment agencies; [PL 2025, c. 243, §14 (AMD).] R. Hospitals; and [PL 2025, c. 243, §15 (AMD).] S. Home and community-based service agencies. [PL 2025, c. 243, §16 (NEW).] [PL 2025, c. 243, §§13-16 (AMD).]

8. Background Check Center responsibilities. The Background Check Center's responsibilities include the following: A. Operating an online portal used by employers to secure background checks for individuals employed as direct access workers; [PL 2015, c. 299, §25 (NEW).] B. [PL 2023, c. 241, §65 (RP).] B-1. Collecting fingerprints to determine eligibility of individuals to work in direct access positions in accordance with standards adopted by department rule and in accordance with applicable policies and rules of the Department of Public Safety, Bureau of State Police and the Federal Bureau of Investigation. The Bureau of State Police shall take, or cause to be taken, an individual's fingerprints, along with any other information necessary for a statewide and nationwide criminal history record check. The Bureau of State Police shall make a determination of the existence of any state-level criminal history and, if none is found, the fingerprints must be forwarded to the Federal Bureau of Investigation for a national criminal history record check pertaining to the individual. The Background Check Center shall obtain the results of the state and federal criminal history record check queries from the State Bureau of Identification. Criminal records obtained pursuant to this section and the information contained therein may not be released or otherwise disclosed to any private entity. All fingerprints must be maintained by the State Bureau of Identification and the Federal Bureau of Investigation in accordance with their policies and procedures; [PL 2025, c. 243, §17 (AMD).] C. Generating background check reports for employers; [PL 2025, c. 243, §17 (AMD).] D. Monitoring and enforcing compliance with the requirements of this chapter; [PL 2015, c. 299, §25 (NEW).] E. Providing for a process by which an individual subject to actions taken by the Background Check Center may challenge the accuracy of information in a background check report and correct the information in accordance with rules adopted pursuant to this chapter; [PL 2015, c. 299, §25 (NEW).] F. Specifying offenses, including offenses that may appear in publicly available criminal record information, that disqualify an individual from employment as a direct access worker for a term of 5, 10 or 30 years or, for disqualifying offenses that occur in health care settings, the lifetime of the individual, including, but not limited to, convictions and other events or notations; [PL 2023, c. 241, §67 (AMD).] G. Coordinating with federal and state criminal justice agencies as required to facilitate a criminal record rap back monitoring program; and [PL 2015, c. 299, §25 (NEW).] H. Providing for an independent process to obtain a waiver for a determination of ineligibility based on a criminal history that gives an individual with a disqualifying offense who has been banned from employment pursuant to this chapter the opportunity to demonstrate that the ban should be waived because the individual does not pose a risk to patients, facilities, property or others. A waiver is applicable only to the requesting employer and is not transferable between employers. [PL 2025, c. 243, §17 (AMD).] [PL 2025, c. 243, §17 (AMD).]

9. Background check reports. A background check report under this chapter is considered preliminary until the individual subject to the background check has had the opportunity to challenge or decline to challenge the accuracy of the records obtained, after which the report is considered final. [PL 2015, c. 299, §25 (NEW).]

10. Background check report content. The background check report must inform an employer whether the individual submitted for a background check is eligible for employment as a direct access worker. The background check report must include information specific to the individual along with: A. All state-level offenses, including criminal charges without disposition; [PL 2023, c. 241, §68 (RP); PL 2025, c. 243, §18 (NEW).] A-1. [PL 2025, c. 243, §18 (RP).] B. The presence of federal-level disqualifying offenses without disclosure of the details; [PL 2023, c. 241, §68 (RP); PL 2025, c. 243, §18 (NEW).] B-1. [PL 2025, c. 243, §18 (RP).] C. A result of finding of registry disqualifications; and [PL 2023, c. 241, §68 (RP); PL 2025, c. 243, §18 (NEW).] D. The status of the individual, based on the outcome of the background check report, as: (1) Eligible for hire; or (2) Ineligible for hire. [PL 2025, c. 243, §18 (NEW).] [PL 2025, c. 243, §18 (RPR).]

11. List of disqualifying offenses. The department shall adopt rules under section 9065 in accordance with the requirements of this chapter and other federal and state laws to create and maintain a list of disqualifying offenses that adversely affect an individual's eligibility for employment as a direct access worker. Disqualifying offenses that prohibit employment as a direct access worker include, but are not limited to: A. Convictions or notations involving crimes or abuse related to a federally funded health care program or a state-funded health care program that mandate a disqualification from participation or employment with the program; [PL 2015, c. 299, §25 (NEW).] B. Substantiated findings that the individual has committed an act of patient or resident abuse or neglect, exploitation or a misappropriation of patient or resident property or other types of acts that the department may specify for purposes of protecting vulnerable individuals receiving care or services; [PL 2015, c. 299, §25 (NEW).] C. Convictions under federal or state law of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service; [PL 2015, c. 299, §25 (NEW).] D. Convictions under federal or state law of a criminal offense relating to the health and safety of vulnerable individuals receiving care or services; [PL 2015, c. 299, §25 (NEW).] E. Convictions relating to health care fraud in connection with the delivery of a health care item or service or with respect to any act or omission in a health care program operated by or financed in whole or in part by any federal, state or local government agency or convictions of a criminal offense consisting of a felony relating to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct; [PL 2015, c. 299, §25 (NEW).] F. Convictions for a Class A, B or C crime in this State or similar crime in another jurisdiction for an offense relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance; and [PL 2015, c. 299, §25 (NEW).] G. Convictions relating to other federal or state laws, provisions of this chapter or rules adopted under this chapter that otherwise mandate an employment prohibition. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]

12. Appeal by individual. The department shall establish procedures in accordance with the provisions of the Maine Administrative Procedure Act to ensure that each individual submitted for a background check in compliance with this chapter has the opportunity to challenge and correct errors in records created and generated by the Background Check Center. The subject of a state criminal record check may inspect and review criminal history record information pursuant to Title 16, section 709 . The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of a criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. [PL 2025, c. 243, §19 (AMD).]

13. Waiver; disqualifying offense. In the event that no other federal or state law mandates an employment prohibition by an employer subject to this chapter, an individual who is banned from employment because of a disqualifying criminal offense may initiate a request for a waiver under subsection 8, paragraph H in accordance with a process established by rules adopted pursuant to this chapter under the following circumstances: A. The individual is seeking to be employed or is currently employed by an employer subject to the requirements of this chapter; [PL 2015, c. 299, §25 (NEW).] B. The employer has chosen to sponsor the individual's request for the removal of the ban in order to create or maintain an employment relationship; and [PL 2015, c. 299, §25 (NEW).] C. The employer must attest to the department that the decision to sponsor the waiver request occurred after the employer considered the objectively reasonable factors under subsection 15 and the following factors: (1) The nature and gravity of the disqualifying offense or offenses; (2) The time that has passed since the disqualifying offense or offenses; (3) The nature of the employment held or sought; (4) Whether the criminal conduct was employment-related; and (5) A reasonable conclusion that the individual does not pose a threat of harm to a protected individual or others in the care and support of the individual. [PL 2015, c. 299, §25 (NEW).] The waiver must be sought with respect to the prospective or continued employment by a specific employer that is willing to sponsor the individual's request. An employee seeking a waiver may be conditionally employed in accordance with section 9057, subsection 4 and section 9058‑A, subsection 3 until the waiver is denied. [PL 2023, c. 241, §69 (AMD).]

14. Approval of waiver. The department shall specify in rule the criteria for issuing a waiver for a disqualifying offense. The waiver determination is based on a consideration of the facts and circumstances of the specific individual's criminal history that include the passage of time, extenuating circumstances, a demonstration of rehabilitation and the relevancy of the particular disqualifying offense with respect to the current or prospective employment with a sponsoring employer. All waivers are contingent on a final determination by the department that the employer has reasonably determined that the health and safety of a protected individual is not in jeopardy and a denial of a waiver request is not otherwise warranted in accordance with federal or state law. A waiver is applicable only to the requesting employer and is not transferable between employers. [PL 2025, c. 243, §20 (AMD).]

15. Waivers; factors. The department shall specify in rule the minimum factors that an employer must consider when sponsoring a waiver under subsection 13 . Any factors that an employer chooses to consider must be objectively reasonable in supporting the attestation that the individual to whom the waiver would apply is unlikely to cause harm to a protected individual or others in the employer's care. Objectively reasonable factors include: A. The age of the individual applying for a waiver at the time of the disqualifying offense; [PL 2015, c. 299, §25 (NEW).] B. The amount of time that has passed since the disqualifying offense occurred; [PL 2015, c. 299, §25 (NEW).] C. The total number and type of disqualifying offenses; [PL 2015, c. 299, §25 (NEW).] D. Any proven mitigating circumstances surrounding the disqualifying offense; [PL 2015, c. 299, §25 (NEW).] E. Objective evidence that the individual has successfully completed a criminal rehabilitation program; [PL 2015, c. 299, §25 (NEW).] F. The relevance of the circumstances pertaining to the disqualifying offense with respect to the nature of the proposed employment; [PL 2015, c. 299, §25 (NEW).] G. The length and consistency of similar employment post-conviction if applicable; [PL 2015, c. 299, §25 (NEW).] H. Whether the individual is bonded under federal or state law; and [PL 2015, c. 299, §25 (NEW).] I. Personal references or recommendations from employers on behalf of the individual. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]

16. Denial or revocation of waiver. The department shall establish by rule informal and formal review procedures for denial or revocation of a waiver. Denial or revocation of waiver procedures must comply with the Maine Administrative Procedures Act and final determinations may be appealed pursuant to the Maine Administrative Procedures Act in Title 5, Part 18, Chapter 375, subchapte r 4. Rules concerning the denial or revocation of waiver procedures include, but are not limited to, the following: A. The process of filing a waiver request; [PL 2015, c. 299, §25 (NEW).] B. The time frame for filing a waiver request; [PL 2015, c. 299, §25 (NEW).] C. The time frame for issuing a waiver request decision; [PL 2015, c. 299, §25 (NEW).] D. The rules for employment during the waiver request process; and [PL 2015, c. 299, §25 (NEW).] E. A written determination stating the objectively reasonable factors under subsection 15 explaining the department's determination to grant, deny or revoke a waiver. [PL 2015, c. 299, §25 (NEW).] 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).]

17. Immunity. A provider that denies employment for an individual selected for hire or continued employment as a direct access worker, including during any period of conditional employment, and that reasonably relies upon information obtained through a final background check report regarding the individual is not liable in an action brought by the individual based on an employment determination resulting from the information. [PL 2015, c. 299, §25 (NEW).]

18. Presumption of good faith. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 2766 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2766
22 §2766. Statement of birth parents' identity
Status: in_force

A person 18 years of age or older, born and adopted in this State, may apply to the state registrar for a statement identifying that person's birth parents. The adoptee shall submit to the state registrar the following: [RR 2021, c. 2, Pt. B, §139 (COR).]

1. Proof. Proof that the birth parents are deceased; [PL 1983, c. 356 (NEW).]

2. Affidavit. An affidavit from a blood relative who is not a sibling and who is at least 10 years older than the adoptee, verifying that the adoptee lived with the birth parents for 5 years; and [PL 1983, c. 356 (NEW).]

3. Order. An order from the Probate Court or Superior Court authorizing the state registrar to open the original birth certificate to verify the identity of the birth parents. [PL 1983, c. 356 (NEW).]

Upon verification of the information in this section, the state registrar shall prepare a form identifying the birth parents of the adoptee. This form must be attached to the new certificate of birth established pursuant to section 2765 . A copy of the form must be attached to an abstract of birth issued by the Office of Data, Research and Vital Statistics and must be provided to the adoptee. [PL 2009, c. 601, §21 (AMD).]

A statement of identification of the birth parents shall not affect the rights of inheritance and descent. The form shall contain the following words in a conspicuous place: "This statement shall not affect the rights of inheritance and descent of the adoptee." [PL 1983, c. 356 (NEW).]
22 M.R.S. § 668 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 668
22 §668. Interim Spent Fuel Storage Facility Oversight Fund
Status: in_force

The Interim Spent Fuel Storage Facility Oversight Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the radiation control program in the department. All fees paid under this subchapter are collected by the department for deposit in the fund. The Radiation Control Program shall oversee the fund and may disburse amounts in the fund to agencies or to other appropriate state funds in order to pay or contribute to the payment of costs incurred by agencies with respect to federal or state proceedings; safety, radiation and environmental monitoring; and security or other oversight-related activities related to the decommissioning of a nuclear power plant or the development or operation of an interim spent fuel storage facility in this State. The State Nuclear Safety Inspector shall keep an annual accounting of all funds received by the fund and all disbursements from the fund and shall make a report of this accounting to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by the first Monday in February of each year. [PL 2007, c. 539, Pt. KK, §6 (NEW).]
22 M.R.S. § 2703 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2703
22 §2703. Birth, marriage or death in unincorporated place
Status: in_force

When a birth, marriage or death occurs in an unincorporated place, it must be reported to a municipal clerk as specified by the state registrar and must be recorded, or registered in the electronic registration system, by the municipal clerk to whom the report is made. All such reports and records must be forwarded to the state registrar. [PL 2021, c. 49, §3 (AMD).]
22 M.R.S. § 4252 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4252
22 §4252. Definitions - Article 2 (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)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 255, §6 (NEW).]

1. Approved placement. "Approved placement" means the receiving state has determined after an assessment that the placement is both safe and suitable for the child and is in compliance with the applicable laws of the receiving state governing the placement of children in the receiving state. [PL 2007, c. 255, §6 (NEW).]

2. Assessment. "Assessment" means an evaluation of a prospective placement to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being and mental, emotional and physical development. [PL 2007, c. 255, §6 (NEW).]

3. Child. "Child" means an individual who has not attained 18 years of age. [PL 2007, c. 255, §6 (NEW).]

4. Default. "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this chapter or the bylaws or rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

5. Indian tribe. "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act, 43 United States Code, Section 1602(c). [PL 2007, c. 255, §6 (NEW).]

6. Interstate Commission for the Placement of Children; interstate commission. "Interstate Commission for the Placement of Children" or "interstate commission" means the commission that is created under section 4258 . [PL 2007, c. 255, §6 (NEW).]

7. Jurisdiction. "Jurisdiction" means the power and authority of a court to hear and decide matters. [PL 2007, c. 255, §6 (NEW).]

8. Member state. "Member state" means a state that has enacted this compact. [PL 2007, c. 255, §6 (NEW).]

9. Noncustodial parent. "Noncustodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of the child and who is not the subject of allegations or findings of child abuse or neglect. [PL 2007, c. 255, §6 (NEW).]

10. Nonmember state. "Nonmember state" means a state that has not enacted this compact. [PL 2007, c. 255, §6 (NEW).]

11. Notice of residential placement. "Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state, including, but not limited to, the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement and the name and address of the facility in which the child will be placed. "Notice of residential placement" includes information regarding a discharge and any unauthorized absence from the facility. [PL 2007, c. 255, §6 (NEW).]

12. Placement. "Placement" means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state. [PL 2007, c. 255, §6 (NEW).]

13. Private child placing agency. "Private child placing agency" means any private corporation, agency, foundation, institution or charitable organization or any private person or attorney that facilitates, causes or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law. [PL 2007, c. 255, §6 (NEW).]

14. Provisional placement. "Provisional placement" means that the receiving state has determined that the proposed placement is safe and suitable and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents may not delay an otherwise safe and suitable placement. [PL 2007, c. 255, §6 (NEW).]

15. Public child placing agency. "Public child placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether it acts on behalf of a state, county, municipality or other governmental unit and that facilitates, causes or is involved in the placement of a child from one state to another. [PL 2007, c. 255, §6 (NEW).]

16. Receiving state. "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought. [PL 2007, c. 255, §6 (NEW).]

17. Relative. "Relative" means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state. [PL 2007, c. 255, §6 (NEW).]

18. Residential facility. "Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. "Residential facilities" does not include institutions primarily educational in character, hospitals or other medical facilities. [PL 2007, c. 255, §6 (NEW).]

19. Rule. "Rule" means a written directive, mandate, standard or principle issued by the interstate commission adopted pursuant to section 4261 that is of general applicability and that implements, interprets or prescribes a policy or provision of this chapter. "Rule" has the force and effect of statutory law in a member state and includes the amendment, repeal or suspension of an existing rule. [PL 2007, c. 255, §6 (NEW).]

20. Sending state. "Sending state" means the state from which the placement of a child is initiated. [PL 2007, c. 255, §6 (NEW).]

21. Service member's permanent duty station. "Service member's permanent duty station" means the military installation where an active duty member of the Armed Forces of the United States is currently assigned and is physically located under competent orders that do not specify the duty as temporary. [PL 2007, c. 255, §6 (NEW).]

22. Service member's state of legal residence. "Service member's state of legal residence" means the state in which the active duty member of the Armed Forces of the United States is considered a resident for tax and voting purposes. [PL 2007, c. 255, §6 (NEW).]

23. State. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States. [PL 2007, c. 255, §6 (NEW).]

24. State court. "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained 18 years of age. [PL 2007, c. 255, §6 (NEW).]

25. Supervision. "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this chapter. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 4241 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4241
22 §4241. Ratification of compact
Status: in_force

The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as set forth in this chapter.
22 M.R.S. § 4024 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4024
22 §4024. Department responsible for required services
Status: in_force

If the department requires that a child receive mental health services or other medical services as an alternative to the initiation of a child protection proceeding, the department shall inform the person responsible for the child that the services must be approved by the department. If the person responsible for the child's medical expenses is unable to pay for the services required, the department shall inform the person responsible for the child that the department will pay for the services if the services are approved by the department. [PL 1991, c. 623 (NEW).]
22 M.R.S. § 3472 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3472
22 §3472. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 527, §2 (NEW).]

1. Abuse. "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions. [PL 2015, c. 306, §4 (AMD).]

2. Adult. "Adult" means any person who has attained 18 years of age or who is a legally emancipated minor. [PL 2003, c. 653, §2 (AMD).]

2-A. Bureau. [PL 2011, c. 657, Pt. BB, §3 (RP).]

3. Caretaker. "Caretaker" means any individual or institution who has or assumes the responsibility for the care of an adult. [PL 1981, c. 527, §2 (NEW).]

4. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present. [PL 2005, c. 397, Pt. A, §21 (AMD).]

5. Department. [PL 2005, c. 397, Pt. A, §22 (RP).]

6. Dependent adult. "Dependent adult" means an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs. "Dependent adult" includes, but is not limited to, any of the following: A. A resident of a nursing home licensed or required to be licensed under section 1817 ; [PL 2003, c. 653, §2 (NEW).] B. A resident of a facility providing assisted living services licensed or required to be licensed pursuant to section 7801 ; [PL 2011, c. 291, §1 (AMD).] C. A person considered a dependent person under Title 17-A, section 555 ; or [PL 2011, c. 291, §1 (AMD).] D. A person, regardless of where that person resides, who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the person suffers from a significant limitation in mobility, vision, hearing or emotional or mental functioning. [PL 2011, c. 291, §1 (NEW).] [PL 2011, c. 291, §1 (AMD).]

7. Emergency. "Emergency" refers to a situation in which: A. The incapacitated or dependent adult is in immediate risk of serious harm; [PL 1981, c. 527, §2 (NEW).] B. The incapacitated or dependent adult is unable to consent to services that will diminish or eliminate the risk; and [PL 2003, c. 653, §2 (AMD).] C. There is no person legally authorized to consent to emergency services. [PL 2003, c. 653, §2 (AMD).] [PL 2003, c. 653, §2 (AMD).]

8. Emergency services. "Emergency services" refers to those services necessary to avoid serious harm. [PL 2003, c. 653, §2 (AMD).]

9. Exploitation. "Exploitation" means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. [PL 2003, c. 653, §2 (AMD).]

9-A. Financial exploitation. "Financial exploitation" means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage. [PL 2015, c. 306, §5 (NEW).]

10. Incapacitated adult. "Incapacitated adult" means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. [PL 2017, c. 402, Pt. C, §52 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

11. Neglect. "Neglect" means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these. [PL 1983, c. 313, §2 (AMD).]

12. Protective services. "Protective services" means services that separate incapacitated or dependent adults from danger. Protective services include, but are not limited to, social, medical and psychiatric services necessary to preserve the incapacitated or dependent adult's rights and resources and to maintain the incapacitated or dependent adult's physical and mental well-being. Protective services may include seeking guardianship or a protective order under Title 18-C, Article 5 . [PL 2017, c. 402, Pt. C, §53 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

13. Serious harm. "Serious harm" means: A. Serious physical injury or impairment; [PL 1989, c. 259, §3 (AMD).] B. Serious mental injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including, but not limited to, severe anxiety, depression or withdrawal, untoward aggressive behavior or similar serious dysfunctional behavior; [PL 2003, c. 653, §2 (AMD).] C. Sexual abuse or sexual exploitation; or [PL 2003, c. 653, §2 (AMD).] D. Serious waste or dissipation of resources. [PL 2003, c. 653, §2 (NEW).] [PL 2003, c. 653, §2 (AMD).]

14. Serious injury. [PL 1989, c. 259, §4 (RP).]

15. Sexual abuse or sexual exploitation. "Sexual abuse or sexual exploitation" means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult's informed consent. [PL 2003, c. 653, §2 (AMD).]

16. Undue influence. "Undue influence" means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who is a dependent adult or an incapacitated adult. [PL 2015, c. 306, §6 (NEW).]
22 M.R.S. § 3818 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3818
22 §3818. Payor compensation
Status: in_force

The department may establish by rule a fee that an employer or other payor of income may deduct from the obligor's income as compensation for honoring an income withholding order or assignment of earnings. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 2900 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2900
22 §2900. Cremated remains of a veteran
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "National cemetery" means a cemetery under the control of the United States Department of Veterans Affairs, National Cemetery Administration. [PL 2011, c. 318, §1 (NEW).] B. "Veteran" means a person who served in and was honorably discharged from active duty: (1) In the Armed Forces of the United States; (2) In the Army or Air Force National Guard in a full-time status; or (3) As a reservist in the Armed Forces of the United States. [PL 2011, c. 318, §1 (NEW).] C. "Veterans' service organization" means an association, corporation or other entity that qualifies under Section 501(c)(3) or Section 501(c)(19) of the United States Internal Revenue Code of 1986, as amended, as a tax-exempt organization that has been organized for the benefit of veterans and recognized or chartered by the United States Congress or a nonprofit corporation, association or entity that specifically assists in facilitating the identification and interment of unclaimed remains of veterans. [PL 2011, c. 318, §1 (NEW).] D. "Cremate" means subject to the process of cremation or natural organic reduction as defined in section 2841‑A, subsection 1. [PL 2023, c. 676, §18 (NEW).] [PL 2023, c. 676, §18 (AMD).]

2. Cremated remains of veterans. A funeral director or other authorized person who has held in the funeral director's or other authorized person's possession the cremated remains of a veteran for more than one year from the date of cremation may determine pursuant to the provisions of this section if the cremated remains are those of a veteran and, if the funeral director or other authorized person determines that the cremated remains are those of a veteran, the funeral director or other authorized person may dispose of the remains pursuant to this section. [PL 2011, c. 318, §1 (NEW).]

3. Sharing information. Notwithstanding any other provision of law, a funeral director, the Adjutant General or other authorized person under subsection 2 may share information concerning cremated remains in the funeral director's or other authorized person's possession with the United States Department of Veterans Affairs, the Adjutant General, a veterans' service organization or a national cemetery to determine whether the cremated remains are those of a veteran. [PL 2015, c. 208, §2 (AMD).]

4. Disposition of veterans' remains. If a funeral director or other authorized person determines that cremated remains in the funeral director's or other authorized person's possession are those of a veteran pursuant to this section and the funeral director or other authorized person has not received instructions as to the final disposition of the cremated remains from the person lawfully in control of the final disposition of the cremated remains, the funeral director or other authorized person may dispose of the cremated remains or relinquish possession of the cremated remains to a veterans' service organization pursuant to section 2843 and this subsection. The cremated remains of a veteran disposed of or relinquished pursuant to this subsection must be finally disposed of in a national cemetery or other government-owned or government-operated veterans' cemetery or in a cemetery or with a cemetery corporation under Title 13, chapter 83 where veterans' graves are memorialized by a veterans' marker or that has a veterans' section. [PL 2011, c. 318, §1 (NEW).]

5. Release from liability. A funeral director, other authorized person or veterans' service organization is not liable and is released from any legal obligation other than a legal obligation imposed under this section regarding the release or sharing of information or the disposing of or relinquishing of the remains of a veteran, except in the case of gross negligence or willful misconduct. [PL 2011, c. 318, §1 (NEW).]

6. Reimbursement. The estate of a veteran whose remains are the subject of disposition under this section is responsible for reimbursing a funeral director, other authorized person or veterans' service organization for all reasonable expenses incurred in activities conducted under this section. [PL 2011, c. 318, §1 (NEW).]

7. Record. A funeral director or other authorized person shall maintain a record identifying a veterans' service organization that receives a veteran's remains from the funeral director or other authorized person under this section and of the site designated for final disposition of the veteran's remains relinquished or disposed of by the funeral director or other authorized person under this section. [PL 2011, c. 318, §1 (NEW).]

8. Duty of funeral director or other authorized person. This section does not require a funeral director or other authorized person to determine the veteran status of cremated remains in the funeral director's or other authorized person's possession or to relinquish or dispose of a veteran's remains in the funeral director's or other authorized person's possession pursuant to this section if the funeral director or other authorized person has a reasonable belief or is instructed by the person in lawful control of the disposition of the veteran's remains that the veteran did not desire a funeral, burial-related services or ceremonies recognizing the veteran as a veteran. [PL 2011, c. 318, §1 (NEW).]
22 M.R.S. § 3272 — ME Code / Title 22 / Subtitle 3 / Chapter 855-C / Section 3272
22 §3272. Standard
Status: in_force

1. Standard. The standard utilized to determine need shall be the current annual budget at the lower level of living for a retired couple as most recently determined by the United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine, or budgets which are consistent with such a budget at the lower level of living, taking into account budget variances by marital status and living arrangements permited pursuant to Title XVI and regulations promulgated thereunder. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 3817 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3817
22 §3817. Assignment of earnings
Status: in_force

The department may seek to collect an overpayment by executing an assignment of earnings with the obligor. An employer or other payor of income shall honor an assignment of earnings executed by the department and an obligor. An assignment of earnings continues until released in writing by the department. Income withheld from an obligor pursuant to an assignment of earnings must be sent to the department within 10 days of withholding. The department shall provide an employer or other payor of income served with an assignment of earnings the same payor notice the department is required to provide under section 3816, subsection 2 . [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 1865 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1865
22 §1865. Reporting requirement
Status: in_force

1. Report. Each health care institution which receives funds from the department shall annually report to the department the amount paid to any person for the purpose of influencing its employees, respecting unionization, or attempts to coerce employees to otherwise interfere with or restrain the exercise of employee rights to organize and choose representatives for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. [PL 1983, c. 473 (NEW).]

2. Violation. Violation of this section shall result in an administrative fine of up to $500 for each offense, as determined pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 473 (NEW).]
22 M.R.S. § 5405 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5405
22 §5405. Maine Health Insurance Marketplace Trust Fund
Status: in_force

1. Establishment. The Maine Health Insurance Marketplace Trust Fund is established as a special fund within the State Treasury for the deposit of any funds generated by user fees, any funds secured by the commissioner for marketplace functions, federal funds and any funds received from any public or private source. The marketplace trust fund must be administered by the commissioner for the purposes set forth in this chapter, including the deposit of money that may be received pursuant to and disbursements permitted by this chapter. [PL 2019, c. 653, Pt. A, §1 (NEW).]

2. Deposit and use of money. Money deposited into the marketplace trust fund must be held solely for the purposes set forth in this chapter as determined by the commissioner, including but not limited to costs of initial start-up and creation of the marketplace, marketplace operations, outreach, enrollment and other functions supporting the marketplace, including any efforts that may increase market stabilization and that may result in a net benefit to the participants in the marketplace. All interest earned from the investment or deposit of money in the marketplace trust fund must be deposited into the marketplace trust fund. All accrued and future earnings from money held by the marketplace trust fund, including but not limited to money obtained from the Federal Government and fees, must be available to the marketplace. Any unexpended balance in the marketplace trust fund at the end of a year may not lapse and must be carried forward to be available for expenditure by the commissioner in the subsequent year for marketplace functions. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 3771 — ME Code / Title 22 / Subtitle 3 / Chapter 1054 / Section 3771
22 §3771. Policy and intent
Status: in_force

It is the policy of the State to use available resources and institutions to provide education, training and job opportunities to qualified and eligible recipients of the Temporary Assistance for Needy Families Program with the goal of enabling them to become self-sufficient and to eliminate their dependency on public assistance. [PL 1981, c. 512, §16 (NEW); PL 1997, c. 530, Pt. A, §34 (AMD).]

It is the intent of this chapter to commit these resources and institutions to this goal, and to provide for effective coordination that can result in recipients of Temporary Assistance for Needy Families becoming self-sufficient. [PL 1981, c. 512, §16 (NEW); PL 1997, c. 530, Pt. A, §34 (AMD).]
22 M.R.S. § 3174-CCC — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-CCC
22 §3174-CCC. Chiropractic services reimbursement (REALLOCATED FROM TITLE 22, SECTION 3174-AAA)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(REALLOCATED FROM TITLE 22, SECTION 3174-AAA)

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2023, c. 454, §4) Reimbursement. The department shall reimburse under the MaineCare program for chiropractic evaluation and management examinations performed by a chiropractic doctor licensed under Title 32, chapter 9 that are within the scope of practice of chiropractic doctors. This subsection does not limit reimbursements under the MaineCare program that may be available for other chiropractic services or affect any limits that may apply to reimbursements such as limits relating to numbers of visits. [PL 2019, c. 421, §1 (NEW); RR 2019, c. 1, Pt. A, §24 (RAL).]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2023, c. 454, §4) Reimbursement. The department shall reimburse under the MaineCare program for certain chiropractic services, as described in this section and defined in department rules, performed by a chiropractic doctor licensed under Title 32, chapter 9 that are within the scope of practice of chiropractic doctors. Services that are reimbursed are the following: A. Treatment by means of manual manipulation of the spine; [PL 2023, c. 454, §1 (NEW); PL 2023, c. 454, §4 (AFF).] B. Evaluation and management examinations; and [PL 2023, c. 454, §1 (NEW); PL 2023, c. 454, §4 (AFF).] C. Physical therapy when the service is otherwise covered by MaineCare when performed by a physical therapist licensed under Title 32, chapter 45-A. [PL 2023, c. 454, §1 (NEW); PL 2023, c. 454, §4 (AFF).] This subsection does not affect any limits that may apply to reimbursements such as limits on the number of visits. [PL 2023, c. 454, §1 (RPR); PL 2023, c. 454, §4 (AFF).]

2. Rulemaking. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 421, §1 (NEW); RR 2019, c. 1, Pt. A, §24 (RAL).]
22 M.R.S. § 2700-A — ME Code / Title 22 / Subtitle 2 / Chapter 605 / Section 2700-A
22 §2700-A. Prohibitions
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2011, c. 461, §5 (RP).] B. "Manufacturer of prescription drugs" or "manufacturer" means a manufacturer of prescription drugs or biological products or an affiliate of the manufacturer or a labeler that receives prescription drugs or biological products from a manufacturer or wholesaler and repackages those drugs or biological products for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 2027.20 (1999). [PL 2005, c. 392, §1 (NEW).] B-1. "Prescriber" means a person who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. [PL 2007, c. 362, §1 (NEW).] C. "Regulated advertisement" means the presentation to the general public of a commercial message regarding a prescription drug or biological product by a manufacturer of prescription drugs that is: (1) Broadcast on television or radio from a station that is physically located in the State; (2) Broadcast over the Internet from a location in the State; or (3) Printed in magazines or newspapers that are printed, distributed or sold in the State. [PL 2005, c. 392, §1 (NEW).] [PL 2011, c. 461, §5 (AMD).]

2. Regulated advertisement requirement. Beginning October 15, 2005, a manufacturer may not present or cause to be presented in the State a regulated advertisement, unless that advertisement meets the requirements concerning misbranded drugs and devices and prescription drug advertising of federal law and regulations under 21 United States Code, Sections 331 and 352(n) and 21 Code of Federal Regulations, Part 202 and state rules. [PL 2005, c. 392, §1 (NEW).]

2-A. Software prohibition. Beginning January 1, 2008, a person may not sell or distribute in the State computer software that influences or attempts to influence a prescribing decision of a prescriber to prescribe a certain drug or that directs a patient to a certain pharmacy. Features of computer software that are prohibited include, but are not limited to, pop-up and other advertisements, instant messages and economic incentives that are triggered by or in specific response to a selection, act or other input or designation of pharmacy by the prescriber or an agent of the prescriber. This subsection does not apply to in-house equipment provided within a hospital for use by prescribers and the hospital pharmacy or to information provided to a prescriber about prescription drug formulary compliance, patient care management or pharmacy reimbursement. [PL 2007, c. 362, §2 (NEW).]

3. Disclosure of clinical trials of prescription drugs. [PL 2011, c. 461, §5 (RP).]

4. Fees. [PL 2011, c. 461, §5 (RP).]

5. Public education initiative. [PL 2011, c. 461, §5 (RP).]

6. Penalties. [PL 2011, c. 461, §5 (RP).]

7. Rulemaking. [PL 2011, c. 461, §5 (RP).]
22 M.R.S. § 2059 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2059
22 §2059. Notes of the authority
Status: in_force

The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any project, and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available therefor and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 350 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 350
22 §350. Penalty
Status: in_force

1. Violation. An individual, partnership, association, organization, corporation or trust that violates any provision of this chapter or any rate, rule or regulation pursuant to this chapter is subject to a fine imposed in conformance with the Maine Administrative Procedure Act and payable to the State of not more than $10,000. The department may hold these funds in a special revenue account that may be used only to support certificate of need reviews, such as for hiring expert analysts on a short-term consulting basis. [PL 2009, c. 383, §14 (NEW).]

2. Administrative hearing and appeal. To contest the imposition of a fine under this section, the individual, partnership, association, organization, corporation or trust shall submit to the department a written request for an administrative hearing within 10 days of notice of imposition of a fine pursuant to this section. Judicial appeal must be in accordance with Title 5, chapter 375, subchapter 7 . [PL 2009, c. 383, §14 (NEW).]
22 M.R.S. § 3174-OOO — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-OOO
22 §3174-OOO. MaineCare eligibility for persons under 21 years of age (REALLOCATED FROM TITLE 22, SECTION 3174-NNN)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-NNN)

The department may seek authority from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services using a state plan option or a waiver through the Medicaid program or the federal State Children's Health Insurance Program to reduce barriers to coverage or increase MaineCare eligibility for persons under 21 years of age. [PL 2023, c. 597, §15 (NEW); RR 2023, c. 2, Pt. A, §32 (RAL).]