22 M.R.S. § 1471-C — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-C
22 §1471-C. Definitions
Status: in_force

As used in this chapter, the following words have the following meanings. [PL 1983, c. 819, Pt. A, §40 (NEW).]

1. Agricultural commodity. "Agricultural commodity" means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by humans or animals. [PL 1975, c. 397, §2 (NEW).]

2. Aircraft. "Aircraft" means any machine or device used or designed for navigation of, or flight in, the air. [PL 1975, c. 397, §2 (NEW).]

3. Board. "Board" means the Board of Pesticides Control as established in section 1471‑B . [RR 2019, c. 1, Pt. A, §20 (COR).]

4. Certified applicator. "Certified applicator" means any person who is certified pursuant to section 1471‑D and authorized to use or supervise the use of any pesticides. [PL 1975, c. 644, §1 (AMD).]

5. Commercial applicator. "Commercial applicator" means any person, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22 , or who uses general-use pesticides in custom application on such property. "Commercial applicator" also includes individuals who apply any pesticides in connection with their duties as officials or employees of federal, state or local governments. [PL 2015, c. 58, §2 (AMD).]

5-A. Custom application. "Custom application" means an application of a pesticide: A. Under contract or for which compensation is received; [PL 2007, c. 245, §2 (NEW).] B. To a property open to use by the public; or [PL 2007, c. 245, §2 (NEW).] C. In a food establishment licensed under chapter 551 or an eating establishment licensed under chapter 562 , except that "custom application" does not include a pesticides application at a licensed food or eating establishment when: (1) The establishment is ancillary to the production of an agricultural commodity; (2) The owner or an employee of that establishment is certified as a private applicator under section 1471‑D, subsection 2 ; and (3) The property is not open to the public. [PL 2007, c. 245, §2 (NEW).] [PL 2007, c. 245, §2 (AMD).]

6. Defoliant. The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [PL 1975, c. 397, §2 (NEW).]

7. Desiccant. The term "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [PL 1975, c. 397, §2 (NEW).]

8. Distribute. "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. [PL 1975, c. 397, §2 (NEW).]

9. FIFRA. "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 135 et seq., PL 92-516. [PL 1975, c. 397, §2 (NEW).]

10. Fungi. "Fungi" means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants, of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews and molds, except those on or in living humans or other animals or those on or in processed food, beverages or pharmaceuticals. [RR 2021, c. 2, Pt. B, §89 (COR).]

11. Fungicide. "Fungicide" means any substance or mixture of substances intended for destroying or repelling any fungi or mitigating or preventing damage by any fungi. [PL 1975, c. 397, §2 (NEW).]

11-A. Government pesticide supervisor. [PL 2015, c. 58, §3 (RP).]

11-B. General use pesticide. "General use pesticide" means any pesticide that is required to be registered by the board pursuant to Title 7, chapter 103, subchapter 2‑A and that is not a restricted use or limited use pesticide, as defined in this section. Pesticides restricted or limited by the board are listed by the board. [PL 2017, c. 59, §1 (AMD).]

11-C. General use pesticide dealer. "General use pesticide dealer" means any person who distributes general use pesticides. [PL 1987, c. 723, §2 (NEW).]

12. Ground equipment. "Ground equipment" means any machine or device, other than aircraft, for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols, fogs, or in other forms. [PL 1975, c. 397, §2 (NEW).]

13. Herbicides. "Herbicides" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. [PL 1975, c. 397, §2 (NEW).]

13-A. Household use pesticide product. "Household use pesticide product" means any general use pesticide product that contains no more than 3% active ingredients and that is applied undiluted by homeowners to control pests in and around the family dwelling and associated structures. For the purposes of this definition and section 1471‑W, subsection 5 , petroleum solvents are not considered active ingredients. [PL 2017, c. 475, Pt. A, §28 (AMD).]

14. Insect. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to mites, ticks, centipedes and wood lice. [PL 1975, c. 397, §2 (NEW).]

15. Insecticide. "Insecticide" means any substance or mixture of substances intended for destroying or repelling any insect, or mitigating or preventing damage by any insects. [PL 1975, c. 397, §2 (NEW).]

16. Limited use pesticide. "Limited use pesticide" means any pesticide or pesticide use classified for limited use by the board. [PL 1975, c. 397, §2 (NEW).]

16-A. Major forest insect aerial spray application. "Major forest insect aerial spray application" means a project to apply pesticides against a forest insect pest by aerial application over an area containing at least 1,000 acres in the aggregate. [PL 1983, c. 819, Pt. A, §41 (NEW).]

16-B. Minor forest insect aerial spray application. "Minor forest insect aerial spray application" means a project to apply pesticides against a forest insect pest by aerial application over an area containing less than 1,000 acres in the aggregate. [PL 1983, c. 819, Pt. A, §41 (NEW).]

16-C. Monitor. [PL 2015, c. 58, §4 (RP).]

17. Person. "Person" means any individual, partnership, association, fiduciary, corporation, governmental entity or any organized group of persons whether incorporated or not. [PL 1975, c. 397, §2 (NEW).]

18. Pest. The term "pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. [RR 2021, c. 2, Pt. B, §90 (COR).]

19. Pesticide. The term "pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. [PL 1975, c. 397, §2 (NEW).]

20. Pesticide dealer. "Pesticide dealer" means any person who distributes limited or restricted use pesticides. [PL 1975, c. 397, §2 (NEW).]

21. Plant regulator. The term "plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. Also, the term "plant regulator" shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin hormone horticultural products, intended for improvement, maintenance, survival, health and propagation of plants, and as are not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration. [PL 1975, c. 397, §2 (NEW).]

22. Private applicator. "Private applicator" means any person who uses or supervises the use of any pesticide that is classified for restricted or limited use for purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. [RR 2021, c. 2, Pt. B, §91 (COR).]

22-A. Private applicator of general use pesticides. "Private applicator of general use pesticides" means a person who uses or supervises the use of general use pesticides for purposes of producing agricultural commodities on property owned or rented by that person or that person's employer when: A. The agricultural commodities produced are plants or plant products intended for human consumption as food; and [PL 2011, c. 169, §1 (NEW).] B. The person applying the pesticides or the employer of the person applying the pesticides derives $1,000 or more in annual income from the sale of those commodities. [PL 2011, c. 169, §1 (NEW).] [PL 2011, c. 169, §1 (NEW).]

23. Restricted use pesticide. "Restricted use pesticide" means any pesticide or pesticide use classified for use only by or under the direct supervision of a certified applicator by the Administrator of the United States Environmental Protection Agency or by the Commissioner of Agriculture, Conservation and Forestry. [PL 1975, c. 397, §2 (NEW); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

23-A. Spotter. [PL 2015, c. 58, §4 (RP).]

23-B. Spray contracting firm. "Spray contracting firm" means a person, as defined in this section, employed or contracted to conduct a public or private pesticide application. This term does not include the owner or lessee of land to be sprayed, employees of that landowner or lessee, the Bureau of Forestry, the employees of the Bureau of Forestry or individuals who are certified as commercial applicators. [PL 1985, c. 122, §1 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

23-C. Spray period. [PL 2015, c. 58, §4 (RP).]

24. Under the direct supervision of a certified applicator. "Under the direct supervision of a certified applicator," unless otherwise prescribed by its labeling, means the act or process by which a pesticide is applied by a competent person acting under the instructions and control of a certified applicator who is available, if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. In the case of an application made by a commercial applicator, the certified applicator must be physically present at the time and on the site of the application. [PL 1987, c. 243, §3 (AMD).]

25. Weed. "Weed" means any plant which grows where not wanted. [PL 1975, c. 397, §2 (NEW).]
22 M.R.S. § 2843-A — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2843-A
22 §2843-A. Custody of remains of deceased persons
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "At-need funeral arrangements" means funeral arrangements made after death. [PL 1993, c. 609, §1 (NEW).] B. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including, but not limited to, possession, at-need funeral arrangements, final disposition and disinterment. [PL 1993, c. 609, §1 (NEW).] B-1. "Dead body" or "dead human body" means a body or fetus for which it reasonably can be determined that death occurred. [PL 2009, c. 601, §28 (NEW).] C. "Estranged" means living in separate residences and having a relationship characterized by hostility or indifference. [PL 1993, c. 609, §1 (NEW).] D. "Next of kin" means a person having the following relationship to the subject, in the following order of priority: (1) The spouse; (1-A) A domestic partner. For purposes of this section, "domestic partner" means a registered domestic partner or one of 2 unmarried adults who had been domiciled together under long-term arrangements that evidenced a commitment to remain responsible indefinitely for each other's welfare, including evidence of an emotional, physical or financial relationship with the subject similar to that of a spouse; (2) An adult child; (3) A parent; (4) An adult sibling; (5) An adult grandchild; (6) An adult child of a sibling; (7) A maternal grandparent; (8) A paternal grandparent; (9) An adult sibling of the subject's parent or that sibling's spouse; (10) An adult first cousin; (11) Any other adult relative in descending order of blood relationship; or (12) If the subject is a veteran and has no known living spouse or adult relative, the Adjutant General or the Adjutant General's designee. For purposes of this paragraph, "veteran" has the same meaning as in section 2900, subsection 1, paragraph B . [RR 2021, c. 2, Pt. B, §§141-144 (COR).] E. "Subject" means the person whose remains are placed in the custody and control of another person pursuant to this section. [PL 1993, c. 609, §1 (NEW).] [RR 2021, c. 2, Pt. B, §§141-144 (COR).]

2. Custody and control generally. The custody and control of the remains of deceased residents of this State, dead bodies or dead human bodies are governed by the following provisions in the following order of priority: A. If the subject has designated another person to have custody and control in a written and signed document, custody and control belong to that designated person; [PL 2017, c. 475, Pt. A, §31 (RPR).] B. If the subject has not left a written and signed document designating a person to have custody and control, or if the person designated by the subject refuses custody and control, custody and control belong to the next of kin; and [PL 2017, c. 475, Pt. A, §31 (RPR).] C. If the next of kin is 2 or more persons with the same relationship to the subject, the majority of the next of kin have custody and control. If the next of kin cannot, by majority vote, make a decision regarding the subject's remains, the court shall make the decision upon petition under subsection 4, paragraph D . [PL 2017, c. 475, Pt. A, §31 (RPR).] If a person who has the right of custody and control under this subsection does not exercise the rights and responsibilities of custody and control within 4 days after the death of the subject, custody and control belong to a person from the next lower level of priority as established in paragraphs A to C . If a person who has custody and control under this subsection does not complete decision making regarding final disposition within 30 days after taking custody and control, a funeral director or practitioner of funeral service who has physical possession of the remains or dead body may bury the remains or dead body at the expense of the funeral director or practitioner. A person who has been charged with murder, as described in Title 17‑A, section 201 , or manslaughter, as described in Title 17‑A, section 203, subsection 1, paragraph B , forfeits the right of custody and control provided under this subsection; and a funeral director or practitioner of funeral service who is aware of the charges may not release the remains or a dead body to that person who has been charged with murder or manslaughter. If the charges against the person are dismissed or the person is acquitted of the charges before the final disposition takes place, the person regains the right of custody and control in the same position of priority established in this subsection. The remains or a dead body is considered abandoned if no one takes custody and control of the remains or dead body for a period of 15 days. A funeral director or practitioner of funeral service who has physical possession of abandoned remains or an abandoned dead body may bury, cremate or subject to natural organic reduction the remains or dead body. The funeral director or practitioner of funeral service may embalm or refrigerate abandoned remains or an abandoned dead body without authorization. A certificate of abandonment that indicates the means of disposition must be filed in the municipality where the death occurred. [PL 2023, c. 676, §14 (AMD).]

3. Estranged spouse or domestic partner. Notwithstanding subsection 2 , if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner. [PL 2003, c. 672, §20 (AMD).]

4. Court determination. Notwithstanding other provisions of this section, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control can not agree. The following provisions apply to court determinations under this subsection. A. Before the subject's death, the subject or the subject's legal representative may file a petition regarding custody and control of the subject's remains. [PL 1993, c. 609, §1 (NEW).] B. A relative of the subject may file a petition. [PL 1993, c. 609, §1 (NEW).] C. A person who claims and establishes through evidence that that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family. [PL 1993, c. 609, §1 (NEW).] D. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin can not, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination: (1) The reasonableness and practicality of the proposed arrangements; (2) The degree of the personal relationship between the subject and each of the 2 or more persons with custody and control; (3) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements; (4) The convenience and needs of other family and friends wishing to pay respect; (5) The expressed written desires of the subject; and (6) The degree to which the arrangements will allow maximum participation by all wishing to pay respect. [PL 1993, c. 609, §1 (NEW).] [PL 1993, c. 609, §1 (NEW).]

5. Wishes of subject. If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes. [PL 1993, c. 609, §1 (NEW).]

6. Effect of payment by others. Except to the degree it must be considered by the court under subsection 4, paragraph D , the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have. [PL 1993, c. 609, §1 (NEW).]

7. Authority of personal representative. The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have. [PL 1993, c. 609, §1 (NEW).]

8. Immunity. A party, including but not limited to a funeral director or practitioner of funeral service, who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions, may not be held civilly or criminally liable and is not subject to disciplinary action for acting in accordance with those instructions. [PL 2015, c. 188, §1 (AMD).]

9. Application. This section does not apply to the disposition of the remains of a deceased person under chapter 709 . This section does not diminish or otherwise alter the authority of a medical examiner or other official authorized under chapter 711 . This section does not alter the rights and obligations of the decedent's next of kin under Title 18‑C . [PL 2017, c. 402, Pt. C, §49 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

10. Funeral director or practitioner of funeral service. The following provisions apply to the actions and liability of a funeral director or practitioner of funeral service, cemeteries, crematories and natural organic reduction facilities and their employees. A. If there is a dispute regarding custody and control, a funeral director or practitioner of funeral service may refuse to accept the remains or dead body, inter or otherwise dispose of the remains or dead body or complete funeral arrangements until the funeral director or practitioner of funeral service is provided with a court order under subsection 4 or a written agreement of the person who has custody and control. [PL 2011, c. 387, §3 (NEW).] B. If there is a dispute regarding custody and control, pending a court determination under subsection 4 a funeral director or practitioner of funeral service who has physical possession of the remains or a dead body may embalm or refrigerate and shelter the remains or dead body and may bill the estate of the subject for those costs, plus attorney's fees and court costs. [PL 2023, c. 676, §15 (AMD).] C. A person who signs a statement of funeral goods and services or a cremation or natural organic reduction authorization form or other authorization for disposition of the remains or a dead body is deemed to warrant the truthfulness of the facts set forth in the document, including but not limited to the existence of custody and control and the identity of the subject. [PL 2023, c. 676, §15 (AMD).] D. A funeral director or practitioner of funeral service, cemetery, natural organic reduction facility or crematory may rely on a statement of funeral goods and services or a cremation or natural organic reduction authorization form or other authorization signed by a person who has custody and control of the remains or a dead body and may carry out the instructions provided for in the statement of funeral goods and services or on the form or authorization unless the funeral director or practitioner of funeral service, cemetery, natural organic reduction facility or crematory knows of objections from another person. [PL 2023, c. 676, §15 (AMD).] E. A funeral director or practitioner of funeral service, cemetery, natural organic reduction facility or crematory is not required to independently investigate custody and control of the remains or a dead body or who is next of kin. [PL 2023, c. 676, §15 (AMD).] F. Upon cremation or natural organic reduction of the remains or dead body, the crematory or natural organic reduction facility shall prepare a certificate of cremation or natural organic reduction signed and dated by the person in charge of the cremation or natural organic reduction indicating the date of cremation or natural organic reduction and the identity of the remains or dead body as identified by the funeral director or practitioner of funeral service or the cremation or natural organic reduction authorization form, including the deceased person's full name, date and place of death, gender and veteran status. The crematory or natural organic reduction facility shall provide the certificate of cremation or natural organic reduction to the funeral director or practitioner of funeral service or the person who has custody and control of the remains or dead body. [PL 2023, c. 676, §15 (AMD).] [PL 2023, c. 676, §15 (AMD).]
22 M.R.S. § 8702 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8702
22 §8702. Definitions
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Board. "Board" means the Board of Directors of the Maine Health Data Organization established pursuant to section 8703 . [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1-A. Carrier. "Carrier" means an insurance company licensed in accordance with Title 24‑A , including a health maintenance organization, a multiple employer welfare arrangement licensed pursuant to Title 24‑A, chapter 81 , a preferred provider organization, a fraternal benefit society or a nonprofit hospital or medical service organization or health plan licensed pursuant to Title 24 . An employer exempted from the applicability of Title 24‑A, chapter 56‑A under the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 1001 to 1461 (1988) is not considered a carrier. [PL 2001, c. 457, §1 (NEW).]

1-B. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12 ) Business associate. "Business associate" has the same meaning as under 45 Code of Federal Regulations, Section 160.103 (2013). [PL 2013, c. 528, §2 (NEW); PL 2013, c. 528, §12 (AFF).]

2. Clinical data. "Clinical data" includes but is not limited to the data required to be submitted by providers and payors pursuant to sections 8708 and 8711 . [PL 2007, c. 136, §1 (AMD).]

2-A. (TEXT EFFECTIVE ON CONTINGENCY; See PL 2013, c. 528, §12) Covered entity. "Covered entity" has the same meaning as under 45 Code of Federal Regulations, Section 160.103 (2013). [PL 2013, c. 528, §3 (NEW); PL 2013, c. 528, §12 (AFF).]

3. Financial data. "Financial data" includes but is not limited to financial information required to be submitted pursuant to section 8709 . [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

4. Health care facility. "Health care facility" means a public or private, proprietary or not-for-profit entity or institution providing health services, including, but not limited to, a radiological facility licensed under chapter 160 , a health care facility licensed under chapter 405 , an independent radiological service center, a federally qualified health center certified by the United States Department of Health and Human Services, Health Resources and Services Administration, a rural health clinic or rehabilitation agency certified or otherwise approved by the Division of Licensing and Regulatory Services within the Department of Health and Human Services, a home health care provider licensed under chapter 419 , an assisted living facility or a residential care facility licensed under chapter 1663 , a hospice provider licensed under chapter 1681 , a state institution as defined under Title 34‑B, chapter 1 and a mental health facility licensed under Title 34‑B, chapter 1 . For the purposes of this chapter, "health care facility" does not include retail pharmacies. [PL 2023, c. 176, §36 (AMD).]

4-A. Health care practitioner. "Health care practitioner" has the meaning provided in Title 24, section 2502, subsection 1‑A . [PL 2003, c. 469, Pt. C, §18 (NEW).]

4-B. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12) HIPAA. "HIPAA" means the federal Health Insurance Portability and Accountability Act of 1996. [PL 2013, c. 528, §4 (NEW); PL 2013, c. 528, §12 (AFF).]

5. Managed care organization. "Managed care organization" means an organization that manages and controls medical services, including but not limited to a health maintenance organization, a preferred provider organization, a competitive medical plan, a managed indemnity insurance program and a nonprofit hospital and medical service organization, licensed in the State. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

5-A. Medicare health plan sponsor. "Medicare health plan sponsor" means a health insurance carrier or other private company authorized by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to administer Medicare Part C and Part D benefits under a health plan or prescription drug plan. [PL 2009, c. 71, §4 (AMD).]

5-B. Nonlicensed carrier. "Nonlicensed carrier" means a health insurance carrier that is not required to obtain a license in accordance with Title 24‑A and pays health care claims on behalf of residents of this State. [PL 2007, c. 136, §1 (NEW).]

6. Organization. "Organization" means the Maine Health Data Organization established under this chapter. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

7. Outpatient services. "Outpatient services" means all therapeutic or diagnostic health care services rendered to a person who has not been admitted to a hospital as an inpatient. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

8. Payor. "Payor" means a 3rd-party payor, 3rd-party administrator, Medicare health plan sponsor, pharmacy benefits manager or nonlicensed carrier. [PL 2009, c. 71, §5 (AMD).]

8-A. Plan sponsor. "Plan sponsor" means any person, other than an insurer, who establishes or maintains a plan covering residents of this State, including, but not limited to, plans established or maintained by 2 or more employers or jointly by one or more employers and one or more employee organizations or the association, committee, joint board of trustees or other similar group of representatives of the parties that establish or maintain the plan. [PL 2001, c. 457, §3 (NEW).]

8-B. Pharmacy benefits manager. "Pharmacy benefits manager" has the same meaning as in Title 24‑A, section 4347, subsection 17 . [PL 2019, c. 469, §2 (AMD); PL 2019, c. 469, §9 (AFF).]

8-C. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12) Protected health information. "Protected health information" includes: A. "Protected health information" as defined in 45 Code of Federal Regulations, Section 160.103 (2013); [PL 2013, c. 528, §5 (NEW); PL 2013, c. 528, §12 (AFF).] B. Individually identifiable health information: (1) That is demographic information about an individual reported to the organization that relates to the past, present or future physical or mental health or condition of the individual; (2) That pertains to the provision of health care to an individual; or (3) That relates to the past, present or future payment for the provision of health care to an individual and that identifies, or with respect to which there is a reasonable basis to believe the information could be used to identify, the individual; and [PL 2013, c. 528, §5 (NEW); PL 2013, c. 528, §12 (AFF).] C. "Health care information" as defined in section 1711‑C, subsection 1, paragraph E . [PL 2013, c. 528, §5 (NEW); PL 2013, c. 528, §12 (AFF).] [PL 2013, c. 528, §5 (NEW); PL 2013, c. 528, §12 (AFF).]

9. Provider. "Provider" means a health care facility, health care practitioner, health product manufacturer or health product vendor but does not include a retail pharmacy. [PL 2011, c. 233, §2 (AMD).]

9-A. Quality data. "Quality data" means information on health care quality required to be submitted pursuant to section 8708‑A . [PL 2003, c. 469, Pt. C, §20 (NEW).]

10. Restructuring data. "Restructuring data" means reports, charts and information required to be submitted pursuant to section 8710 . [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

10-A. Third-party administrator. "Third-party administrator" means any person who, on behalf of a plan sponsor, health care service plan, nonprofit hospital or medical service organization, health maintenance organization or insurer, receives or collects charges, contributions or premiums for, or adjusts or settles claims on, residents of this State. [PL 2001, c. 457, §3 (NEW).]

11. Third-party payor. "Third-party payor" means a health insurer, carrier, including a carrier that provides only administrative services for plan sponsors, nonprofit hospital, medical services organization or managed care organization licensed in the State. "Third-party payor" does not include carriers licensed to issue limited benefit health policies or accident, specified disease, vision, disability, long-term care or nursing home care policies. [PL 2007, c. 695, Pt. A, §27 (RPR).]
22-A M.R.S. § 214 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 214
22-A §214. Performance-based contracts
Status: in_force

In addition to other applicable requirements and unless precluded by other restrictions on the use of funds, the commissioner shall manage all funds available for the provision of social services in accordance with the provisions of this section. [PL 2007, c. 539, Pt. N, §53 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agreement" means a legally binding written document between 2 or more parties, including such documents as are commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. [PL 2007, c. 539, Pt. N, §53 (NEW).] B. "Performance-based contract" means an agreement for the purchase of direct client services employing a client-centered, outcome-oriented process that is based on measurable performance indicators and desired outcomes and includes the regular assessment of the quality of services provided. [PL 2007, c. 539, Pt. N, §53 (NEW).] [PL 2007, c. 539, Pt. N, §53 (NEW).]

2. Performance-based contract. The commissioner shall ensure that all agreements to purchase social services are performance-based contracts. [PL 2007, c. 539, Pt. N, §53 (NEW).]

3. Rules. The commissioner shall adopt rules to implement this section, including, but not limited to, the establishment of program goals, outcome measures, an information management system to collect and manage contract data, a system of ongoing assessment of program effectiveness and hold-harmless guidelines for provider agencies during the first contract period or 12 months, whichever is greater. [PL 2007, c. 539, Pt. N, §53 (NEW).]

4. Procedures. The procedures in this subsection apply whenever the commissioner commences a request-for-proposal procedure. A. The commissioner may hold at least one informational meeting at least 14 days before the due date for submission of the notice of intent to bid. The commissioner shall provide detailed information to any interested party about the contract to be bid or rebid, provide notice of anticipated major changes from any previous contract and respond to questions. [PL 2019, c. 590, §3 (AMD).] B. The commissioner may require any interested party to submit a notice of intent to bid at least 7 days before the date bids will be accepted as a precondition to submitting a formal bid. The notice of intent must contain minimal requirements that demonstrate a prospective bidder's competence and ability to comply with the requirements of the contract. [PL 2019, c. 590, §4 (AMD).] C. If only one community service provider submits a notice of intent to bid, the commissioner may enter into negotiations concerning a contract with that provider in accordance with the procedures established for performance-based contracts. [PL 2007, c. 539, Pt. N, §53 (NEW).] D. For purposes of this section, the commissioner retains the right to reject any bids submitted and any proposals made during negotiations pursuant to paragraph C . [PL 2007, c. 539, Pt. N, §53 (NEW).] [PL 2019, c. 590, §§3, 4 (AMD).]
22 M.R.S. § 2687 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2687
22 §2687. Maximum allowable cost list
Status: in_force

1. Comment period. The Department of Health and Human Services, office of MaineCare services shall establish a 17-day written comment period on any proposed change to the state maximum allowable cost list if the change results in a reduction in payment to pharmacies. The written comment period must be held in compliance with the Maine Administrative Procedure Act. A change in the maximum allowable cost list that will result in a reduction in payment to pharmacies may not take effect for at least 30 days and not until 30 days after the office of MaineCare services has completed its response to any written comments. For the purposes of this section, "maximum allowable cost list" means a list of prescription drugs that bases reimbursement on the cost of the generic product. [PL 2011, c. 323, §1 (NEW).]

2. Report. The Department of Health and Human Services, office of MaineCare services shall prepare an annual report that summarizes the number of drugs affected by changes made to the maximum allowable cost list under subsection 1 and the percentage change in payment for those drugs that resulted from changes to the list during the calendar year. The office of MaineCare services shall file the report annually by December 31st with the joint standing committee of the Legislature having jurisdiction over health and human services matters. [PL 2011, c. 323, §1 (NEW).]

3. Rulemaking. The Department of Health and Human Services, office of MaineCare services shall amend its rules to implement the provisions of this subchapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 323, §1 (NEW).]
22 M.R.S. § 4005 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4005
22 §4005. Parties' rights to representation; legal counsel
Status: in_force

1. Child; guardian ad litem. The following provisions shall govern guardians ad litem. The term guardian ad litem is inclusive of lay court appointed special advocates under Title 4, chapter 31 . A. The court, in every child protection proceeding except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071 , but including hearings on those orders, shall appoint a guardian ad litem for the child. The guardian ad litem's reasonable costs and expenses must be paid by the District Court. The appointment must be made as soon as possible after the proceeding is initiated. Guardians ad litem appointed on or after March 1, 2000 must meet the qualifications established by the Supreme Judicial Court. [PL 1999, c. 251, §2 (AMD).] B. The guardian ad litem shall act in pursuit of the best interests of the child. The guardian ad litem must be given access to all reports and records relevant to the case and investigate to ascertain the facts. The investigation must include, when possible and appropriate, the following: (1) Review of relevant mental health records and materials; (2) Review of relevant medical records; (3) Review of relevant school records and other pertinent materials; (4) Interviews with the child with or without other persons present; and (5) Interviews with parents, foster parents, teachers, caseworkers and other persons who have been involved in caring for or treating the child. The guardian ad litem shall have face-to-face contact with the child in the child's home or foster home within 7 days of appointment by the court and at least once every 3 months thereafter or on a schedule established by the court for reasons specific to the child and family. The guardian ad litem shall report to the court and all parties in writing at 6-month intervals, or as is otherwise ordered by the court, regarding the guardian ad litem's activities on behalf of the child and recommendations concerning the manner in which the court should proceed in the best interest of the child. The court may provide an opportunity for the child to address the court personally if the child requests to do so or if the guardian ad litem believes it is in the child's best interest. [PL 1997, c. 715, Pt. A, §1 (AMD).] C. The guardian ad litem may subpoena, examine and cross-examine witnesses and shall make a recommendation to the court. [PL 1983, c. 183 (NEW).] D. The guardian ad litem shall make a written report of the investigation, findings and recommendations and shall provide a copy of the report to each of the parties reasonably in advance of the hearing and to the court, except that the guardian ad litem need not provide a written report prior to a hearing on a preliminary protection order. The court may admit the written report into evidence. [PL 2001, c. 696, §12 (AMD).] E. The guardian ad litem shall make the wishes of the child known to the court if the child has expressed the child's wishes, regardless of the recommendation of the guardian ad litem. [RR 2021, c. 2, Pt. B, §180 (COR).] F. The guardian ad litem or the child may request the court to appoint legal counsel for the child. The District Court shall pay reasonable costs and expenses of the child's legal counsel. [PL 1995, c. 405, §20 (AMD).] G. A person serving as a guardian ad litem under this section acts as the court's agent and is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the guardian ad litem. [PL 2001, c. 253, §4 (NEW).] [RR 2021, c. 2, Pt. B, §180 (COR).]

2. Parents. Parents and custodians are entitled to legal counsel in child protection proceedings, except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071 , but including hearings on those orders. The parent or custodian may request the court to appoint legal counsel for the parent or custodian. The court, if it finds the parent or custodian indigent, shall appoint legal counsel. [PL 2023, c. 638, §23 (AMD).]

3. Wishes of child. The District Court shall consider the wishes of the child, in a manner appropriate to the age of the child, including, but not limited to, whether the child wishes to participate or be heard in court. In addition, when a child’s expressed views are inconsistent with those of the guardian ad litem, the court shall consider whether to consult with the child directly, when the child's age is appropriate. [PL 2009, c. 557, §1 (NEW).]
22 M.R.S. § 3881 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3881
22 §3881. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 600, Pt. A, §16 (NEW).]

1. Board. "Board" means the Board of the Maine Children's Trust Incorporated. [PL 1993, c. 600, Pt. A, §16 (NEW).]

2. Eligible organization. "Eligible organization" means a nonprofit organization, local government or public school system. [PL 1993, c. 600, Pt. A, §16 (NEW).]

3. Fund. "Fund" means the repository for funds donated to the Maine Children's Trust Incorporated by the taxpayers of the State through an income tax checkoff pursuant to Title 36, section 5285 as well as federal grants and contracts, privately donated funds and in-kind donations for prevention programs, or by any means for the purposes of this chapter. [PL 1995, c. 402, Pt. A, §4 (RPR).]

4. Income. "Income" means annual contributions made to the fund through the income tax checkoff. [PL 1997, c. 149, §1 (AMD).]

5. Prevention policies. "Prevention policies" means laws, rules, policies, procedures and practices, whether in the public or private sector, that have an actual or potential impact on the nature and incidence of child abuse and neglect. [PL 1993, c. 600, Pt. A, §16 (NEW).]

6. Prevention programs. "Prevention programs" means programs, plans or training associated with the primary prevention of child abuse and neglect and the promotion of high-quality child care. [PL 1999, c. 529, §1 (AMD).]

7. Trust. "Trust" means the Maine Children's Trust Incorporated. [PL 1995, c. 402, Pt. A, §5 (NEW).]
22 M.R.S. § 2137 — ME Code / Title 22 / Subtitle 2 / Chapter 417-A / Section 2137
22 §2137. Criminal background checks
Status: in_force

Beginning October 1, 2010, a temporary nurse agency, prior to hiring, employing or placing an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. The temporary nurse agency shall pay for the criminal background check required by this section. [PL 2015, c. 196, §10 (AMD); PL 2015, c. 299, §18 (AMD).]

The department may adopt rules necessary 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 2009, c. 621, §5 (NEW).]
22 M.R.S. § 4260 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4260
22 §4260. Organization and operation of the interstate commission - Article 10 (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. Bylaws. The interstate commission shall adopt bylaws. A. Within 12 months after the first interstate commission meeting, the interstate commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact. [PL 2007, c. 255, §6 (NEW).] B. The interstate commission's bylaws and rules must establish conditions and procedures under which the interstate commission makes its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

2. Meetings. The following provisions govern interstate commission meetings. A. The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. [PL 2007, c. 255, §6 (NEW).] B. Public notice must be given by the interstate commission of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion of a meeting, when it determines by 2/3 vote that an open meeting would be likely to: (1) Relate solely to the interstate commission's internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by federal law; (3) Disclose financial or commercial information that is privileged, proprietary or confidential in nature; (4) Involve accusing a person of a crime or formally censuring a person; (5) Disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; (6) Disclose investigative records compiled for law enforcement purposes; or (7) Specifically relate to the interstate commission's participation in a civil action or other legal proceeding. [PL 2007, c. 255, §6 (NEW).] C. For a meeting, or portion of a meeting, closed pursuant to paragraph B , the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The interstate commission shall keep minutes that must fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for taking the actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the interstate commission or by court order. [PL 2007, c. 255, §6 (NEW).] D. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or other electronic communication. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Officers and staff. The following provisions govern officers and staff. A. The interstate commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the interstate commission may determine appropriate. The staff director serves as secretary to the interstate commission, but does not have a vote. The staff director may hire and supervise such other staff as may be authorized by the interstate commission. [PL 2007, c. 255, §6 (NEW).] B. The interstate commission shall elect, from among its members, a chair and a vice chair of the executive committee and other necessary officers, each of whom must have such authority and duties as may be specified in the bylaws. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

4. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification. A. The interstate commission's staff director and its employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities except that the person is not protected from suit or liability for damage, loss, injury or liability caused by a criminal act or the intentional or willful and wanton misconduct of the person. (1) The liability of the interstate commission's staff director and employees or interstate commission representatives acting within the scope of their employment or duties for acts, errors or omissions occurring inside their state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subparagraph is construed to protect a person from suit or liability for damage, loss, injury or liability caused by a criminal act or the intentional or willful and wanton misconduct of the person. (2) The interstate commission shall defend the staff director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of a person. (3) To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission must be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against the persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of the persons. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 2621 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2621
22 §2621. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following words have the following meanings. [PL 1983, c. 819, Pt. A, §55 (AMD).]

1. Board. [PL 1993, c. 360, Pt. E, §3 (RP).]

1-A. Board. "Board" means the Board of Licensure of Water System Operators. [PL 2003, c. 33, §2 (AMD).]

2. License. "License" means a license issued by the board stating that the applicant has met the requirements for the specified operator classification. [PL 2003, c. 33, §3 (AMD).]
22 M.R.S. § 335 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 335
22 §335. Approval; record
Status: in_force

This section applies to determinations by the commissioner under this chapter. [PL 2001, c. 664, §2 (NEW).]

1. Basis for decision. Based solely on a review of the record maintained under subsection 6 , the commissioner shall approve an application for a certificate of need if the commissioner determines that the project: A. Meets the conditions set forth in subsection 7 ; [PL 2003, c. 469, Pt. C, §8 (NEW).] B. [PL 2011, c. 90, Pt. J, §5 (RP).] C. Ensures high-quality outcomes and does not negatively affect the quality of care delivered by existing service providers; [PL 2003, c. 469, Pt. C, §8 (NEW).] D. Does not result in inappropriate increases in service utilization, according to the principles of evidence-based medicine adopted by the Maine Quality Forum, as established in Title 24‑A, section 6951, when the principles adopted by the Maine Quality Forum are directly applicable to the application; [PL 2023, c. 343, §2 (AMD).] E. [PL 2013, c. 424, Pt. A, §10 (RP).] F. In the case of a nursing facility project that proposes to add new nursing facility beds to the inventory of nursing facility beds within the State, is consistent with the nursing facility MaineCare funding pool and other applicable provisions of sections 333‑A and 334‑A ; and [PL 2023, c. 343, §3 (AMD).] G. In the case of a project requiring a certificate of need pursuant to section 329, subsection 1 or section 329, subsection 4‑A, paragraph B , will not cause a reduction in access to, geographic proximity of, timeliness of or quality of any family planning services, as defined in section 1902, subsection 4 , or any abortion services, except that the commissioner may approve a project that will cause such a reduction if the commissioner finds: (1) That the project is economically and financially feasible only if an obstetrical care service is closed or reduced in capacity; and (2) After considering all reasonable alternatives, that access to other health care services will be substantially reduced if the project is not approved. [PL 2023, c. 343, §4 (NEW).] [PL 2023, c. 343, §§2-4 (AMD).]

1-A. Competitive review. The commissioner may review applications on a competitive basis if the applications propose the same or similar services. [PL 2011, c. 648, §6 (AMD).]

2. Communications. Staff of the department with responsibility for the certificate of need program may meet with, or otherwise communicate with, any person who is not a department employee and who wants to provide information to be considered in connection with an application for a certificate of need. [PL 2011, c. 648, §7 (AMD).]

3. Limited communications. All communications regarding any letter of intent or application with the commissioner or with department staff responsible for the certificate of need program from any person who is not a department employee that the department staff reasonably believes is intended to influence the analyses relating to or the decision regarding an application for certificate of need must be made part of the record described in subsection 5‑A . If such communications are not in written form or part of public meetings, these communications must be noted in writing by the commissioner or by department staff and that notation must be made part of the application record. [PL 2011, c. 648, §8 (AMD).]

4. Decision. The commissioner's decision must be in writing and must contain appropriate references to the record. If the application is denied, the decision must specifically address comments received and made part of the record that favor granting the application. If the application is approved, the decision must specifically address comments received and made part of the record that favor denial of the application. [PL 2001, c. 664, §2 (NEW).]

5. Record. [PL 2007, c. 440, §17 (RP).]

5-A. Record. The record created by the department in the course of its review of an application must contain the following: A. The letter of intent described in section 337, subsection 1 , all other materials submitted by the applicant relating to the letter of intent and any written materials relating to the letter of intent; [PL 2007, c. 440, §18 (NEW).] B. The application and all other materials submitted by the applicant for the purpose of making those documents part of the record; [PL 2007, c. 440, §18 (NEW).] C. All information generated by or for the department in the course of gathering material to assist the commissioner in determining whether the conditions for granting an application for a certificate of need have or have not been met. This information may include, without limitation, the report of consultants, including reports by panels of experts assembled by the department to advise it on the application, memoranda of meetings or conversations with any person interested in commenting on the application, letters, memoranda and documents from other interested agencies of State Government and memoranda describing officially noticed facts; [PL 2007, c. 440, §18 (NEW).] D. Stenographic or electronic recordings of any public hearing held by the commissioner or the staff of the department at the direction of the commissioner regarding the application; [PL 2007, c. 440, §18 (NEW).] E. Stenographic or electronic recording of any public informational meeting held by the department pursuant to section 337, subsection 5 ; [PL 2007, c. 440, §18 (NEW).] F. Any documents submitted by any person for the purpose of making those documents part of the record regarding any application for a certificate of need or for the purpose of influencing the outcome of any analyses or decisions regarding an application for certificate of need, except documents that have been submitted anonymously. Such source-identified documents automatically become part of the record upon receipt by the department; [PL 2007, c. 440, §18 (NEW).] G. Preliminary and final analyses of the record prepared by the staff; [PL 2007, c. 440, §18 (NEW).] H. Except with regard to a project related to nursing facility services, a written assessment by the Director of the Maine Center for Disease Control and Prevention of the impact of the project on the health of persons living in the State, including without limitation an assessment of the impact of the project on access to, geographic proximity of, timeliness of and quality of any family planning services, as defined in section 1902, subsection 4 , and any abortion services; and [PL 2023, c. 343, §5 (AMD).] I. Except with regard to a project related to nursing facility services, or a project that qualifies for a simplified review process under section 336 , a written assessment by the Superintendent of Insurance of the impact of the project on the cost of insurance in the region and the State when required by the commissioner. The superintendent may request additional information from the applicant for the purpose of reviewing the application. Any such request must be transmitted through the department and becomes part of the official record. The applicant shall respond to the request within 30 days. Any such response must be transmitted through the department and becomes part of the official record. The inability of the superintendent to complete the review of the application due to the failure of the applicant to respond timely must be noted in the superintendent's assessment filed with the department and may be cause for the commissioner to deny approval of the project. [PL 2013, c. 424, Pt. B, §9 (AMD).] [PL 2023, c. 343, §5 (AMD).]

6. Maintenance of the record. The record created pursuant to subsection 5‑A first opens on the day the department receives a certificate of need application. From that day, all of the record is a public record. The letter of intent becomes a public record upon the receipt of the letter and is available for review from the date of receipt. Any person may examine all or part of the public record and purchase copies of any or all of that record during the normal business hours of the department. A. The department shall accept public comments and additional information from the applicant for a period of 30 days after the public informational meeting held under section 337, subsection 5 or the public hearing held under section 339, subsection 2 , whichever is later. The record will then close until public notice that the preliminary staff analysis has been made part of the record. [PL 2011, c. 648, §10 (NEW).] B. A technical assistance meeting with the department must be scheduled at least 10 days before the department publishes the preliminary analysis of a certificate of need application. At the technical assistance meeting the department shall: (1) Give applicants an opportunity to hear whether the certificate of need application is likely to be approved or denied; (2) Give applicants an opportunity to address issues and concerns expressed by the department regarding compliance with this chapter; and (3) Give applicants an opportunity to offer additional information to the department. Any additional information submitted by the applicant becomes part of the public record. The department shall complete its review after the technical assistance meeting and before the department publishes the preliminary analysis. [PL 2011, c. 648, §10 (NEW).] C. The department shall give notice that the preliminary analysis is complete and part of the public record by publication in a newspaper of general circulation in Kennebec County, in a newspaper published within the service area of the project and on the department’s publicly accessible website. [PL 2011, c. 648, §10 (NEW).] D. The public and the applicant may submit comments on the preliminary analysis for 15 business days after the notice is published under paragraph C . [PL 2011, c. 648, §10 (NEW).] E. The department may determine to reopen the record in circumstances that it determines to be appropriate for a limited time to permit submission of additional information, as long as the department gives public notice consistent with the provisions of this subsection. [PL 2011, c. 648, §10 (NEW).] [PL 2011, c. 648, §10 (RPR).]

7. Expanded review process; approval. Except as provided in section 334‑A, subsection 2‑B with respect to emergency nursing facility projects, section 336 with respect to the simplified review process and subsection 9 of this section with respect to emergency certificates of need, the commissioner, or the commissioner's designee in the case of a simplified review under section 336 or an emergency review, shall issue a certificate of need if the commissioner or the commissioner's designee determines and makes specific written findings regarding that determination that: A. The applicant is fit, willing and able to provide the proposed services at the proper standard of care as demonstrated by, among other factors, whether the quality of any health care provided in the past by the applicant or a related party under the applicant's control meets industry standards. If the applicant is a provider of health care services that are substantially similar to those services being reviewed and is licensed in the State, the requirements of this paragraph are deemed to have been met if the services previously provided in the State by the applicant are consistent with applicable licensing and certification standards; [PL 2011, c. 648, §11 (AMD).] B. The economic feasibility of the proposed services is demonstrated in terms of the: (1) Capacity of the applicant to support the project financially over its useful life, in light of the rates the applicant expects to be able to charge for the services to be provided by the project; and (2) Applicant's ability to establish and operate the project in accordance with existing and reasonably anticipated future changes in federal, state and local licensure and other applicable or potentially applicable rules. If the applicant is a provider of health care services that are substantially similar to those services being reviewed and is licensed in the State, the applicant is deemed to have fulfilled the requirements of this subparagraph if the services provided in the State by the applicant during the most recent 3-year period are of similar size and scope and are consistent with applicable licensing and certification standards; [PL 2011, c. 648, §11 (AMD).] C. There is a public need for the proposed services as demonstrated by certain factors, including, but not limited to: (1) Whether, and the extent to which, the project will substantially address specific health problems as measured by health needs in the area to be served by the project; (2) Whether the project will have a positive impact on the health status indicators of the population to be served; (3) Whether the services affected by the project will be accessible to all residents of the area proposed to be served; and (4) Whether the project will provide demonstrable improvements in quality and outcome measures applicable to the services proposed in the project; [PL 2003, c. 469, Pt. C, §11 (AMD).] D. The proposed services are consistent with the orderly and economic development of health facilities and health resources for the State as demonstrated by: (1) The impact of the project on total health care expenditures after taking into account, to the extent practical, both the costs and benefits of the project and the competing demands in the local service area and statewide for available resources for health care; (2) The availability of state funds to cover any increase in state costs associated with utilization of the project's services; and (3) The likelihood that more effective, more accessible or less costly alternative technologies or methods of service delivery may become available; and [PL 2003, c. 469, Pt. C, §11 (AMD).] E. The project meets the criteria set forth in subsection 1 . [PL 2003, c. 469, Pt. C, §12 (NEW).] In making a determination under this subsection, the commissioner may use data from the Maine Health Data Organization established in chapter 1683 and other information available to the commissioner to the extent such data and information is applicable to the determination being made. The commissioner may give appropriate weight to information that indicates that the proposed health services are innovations in high-quality health care delivery, that the proposed health services are not reasonably available in the proposed area and that the facility proposing the new health services is designed to provide excellent quality health care. [PL 2011, c. 648, §11 (AMD).]

8. Conditional approvals. The commissioner may grant an application subject to conditions that relate to the criteria for approval of the application. [PL 2001, c. 664, §2 (NEW).]

9. Emergency certificate of need. Upon the written or oral request of an applicant asserting that an emergency situation exists, the department shall immediately determine whether an emergency situation exists and upon finding that an emergency situation does exist shall issue a certificate of need for a project necessary on account of the emergency situation. The scope of the certificate of need may not exceed that which is necessary to remedy or otherwise effectively address the emergency situation. The certificate of need may be subject to conditions consistent with the purpose of this Act that do not interfere with the applicant's ability to respond effectively to the emergency. The commissioner shall find an emergency situation exists whenever the commissioner finds that an applicant has demonstrated: A. The necessity for immediate or temporary relief due to a natural disaster, a fire, an unforeseen safety consideration, a major accident, equipment failure, foreclosure, receivership or an action of the department or other circumstances determined appropriate by the department; [PL 2001, c. 664, §2 (NEW).] B. The serious adverse effect of delay on the applicant and the community that would be occasioned by compliance with the regular requirements of this chapter and the rules adopted by the department; and [PL 2001, c. 664, §2 (NEW).] C. The lack of substantial change in the facility or services that existed before the emergency situation. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 1-A — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 1-A
22 §1-A. Definitions
Status: in_force

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 539, Pt. N, §9 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 2007, c. 539, Pt. N, §9 (NEW).]

2. Department. "Department" means the Department of Health and Human Services. [PL 2007, c. 539, Pt. N, §9 (NEW).]

3. Intermediate care facility for persons with intellectual disabilities. "Intermediate care facility for persons with intellectual disabilities" has the same meaning as in Title 34‑B, section 1001, subsection 4‑B . [PL 2011, c. 542, Pt. A, §23 (NEW).]
22 M.R.S. § 15 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 15
22 §15. Civil liability of persons making false claims
Status: in_force

Any person, firm, association, partnership, corporation or other legal entity who makes or causes to be made or presents or causes to be presented for payment or approval any claim upon or against the department or upon any funds administered by the department, knowing such claim to be materially false, fictitious or fraudulent, or who knowingly makes any false written statement or knowingly submits any false document material to a false, fictitious or fraudulent claim or who knowingly enters into any agreement, combination or conspiracy to defraud the department by obtaining the payment or approval of any materially false, fictitious or fraudulent claim or who knowingly makes or causes to be made a false written statement or record material to an obligation to pay or transmit money or property to the department or knowingly conceals or knowingly and improperly materially avoids or materially decreases an obligation to pay or transmit money or property to the department is, in addition to any criminal liability that may be provided by law, subject to civil suit by this State in the Superior Court for recovery of civil penalties to include the following: [PL 2013, c. 235, §1 (AMD).]

1. Restitution. Restitution for all excess benefits or payments made; [PL 1981, c. 242, §2 (NEW).]

2. Payment of interest. Payment of interest on the amount of the excess benefits or payments as set forth in subsection 1 at the maximum legal rate in effect on the date the payment was made and computed for the date payment was made to the date on which repayment is made; [PL 1981, c. 242, §2 (NEW).]

3. Payment of civil penalties. Payment of civil penalties, without regard to the amount in controversy, in an amount which is threefold the amount of such excess benefits or payments as set forth in subsection 1 , but in any case not less than $2,000 for each false claim for assistance, benefits or payments, or for each document submitted in support of such false claim, whichever is the greater amount; [PL 1995, c. 191, §2 (AMD).]

4. Cost of the suit. Cost of the suit; [PL 1995, c. 191, §3 (AMD).]

5. Costs of investigation. Costs of investigation; and [PL 1995, c. 191, §4 (NEW).]

6. Attorney's fees. Attorney's fees. [PL 1995, c. 191, §4 (NEW).]

For purposes of this section, "knowing" or "knowingly" means that, with respect to information, a person has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information or acts in reckless disregard of the truth or falsity of the information. A person may act knowingly without specific intent to defraud. [PL 2013, c. 235, §2 (NEW).]
22 M.R.S. § 2682 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2682
22 §2682. Display of Maine Rx Plus Program participation information
Status: in_force

A drug dispensed pursuant to prescription, including a drug dispensed without charge to the consumer, must be accompanied by program participation information in a manner approved by the commissioner and as permitted by law. [PL 2001, c. 471, Pt. E, §5 (AMD); PL 2001, c. 471, Pt. E, §8 (AFF).]

1. Exceptions. The requirements of this section do not apply to: A. A drug dispensed to a consumer who has health coverage that pays part or all of the retail cost of the drug; [PL 2001, c. 379, §1 (NEW).] B. A generic drug; or [PL 2001, c. 379, §1 (NEW).] C. A drug of a manufacturer or labeler that has entered into an agreement with the department pursuant to section 2681, subsection 3 . [PL 2001, c. 379, §1 (NEW).] [PL 2001, c. 379, §1 (NEW).]

2. Rulemaking. The commissioner 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 II‑A . [PL 2001, c. 379, §1 (NEW).]

3. Program participation information. [PL 2001, c. 471, Pt. E, §6 (RP); PL 2001, c. 471, Pt. E, §8 (AFF).]

3-A. Program participation information. The rules must provide for the disclosure of program participation information, including, but not limited to, the following: A. Notification that the manufacturer or labeler has not entered into an agreement with the Department of Health and Human Services pursuant to section 2681, subsection 3 ; and [PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).] B. Advice to consult a health care provider or pharmacist about access to drugs at lower prices. [PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF).] [PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Separate writing. The requirements of this section may be met by the distribution of a separate writing that is approved by or produced and distributed by the department. [PL 2001, c. 379, §1 (NEW).]

5. Waivers. The rules must provide for waivers to the requirements of this section, particularly when the manufacturer or labeler is negotiating with the commissioner pursuant to section 2681, subsection 3 . [PL 2001, c. 379, §1 (NEW).]
22 M.R.S. § 1317-D — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1317-D
22 §1317-D. Lead poisoning risk assessment and blood lead level testing program
Status: in_force

The commissioner shall establish a lead poisoning risk assessment and blood lead level testing program, referred to in this section as the "program," for assessment of lead poisoning risks to children and the testing of blood lead levels in children in accordance with this section and within the limits of available funding. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

1. Lead poisoning risk assessment tool. The program must include a simplified lead poisoning risk assessment tool, developed by the department, based on questions from the United States Department of Health and Human Services, Centers for Disease Control and Prevention. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

2. Information. The program must include the distribution of information on lead poisoning risk assessment to providers for children. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

3. Testing of children covered by MaineCare program. As required by Section 1905(r)(5) of the Social Security Act and the federal Omnibus Budget Reconciliation Act of 1989, the program must require the testing of blood lead levels of all children covered by the MaineCare program at one year of age and 2 years of age. The drawing of blood for the testing may be done in the health care provider's office or may be referred to another laboratory. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

4. Testing of children not covered by MaineCare program. The program must require the testing of blood lead levels of all children not covered by the MaineCare program at one year of age and 2 years of age. The drawing of blood for the testing may be done in the health care provider's office or may be referred to another laboratory. [PL 2019, c. 479, §2 (AMD).]

5. Inspections. The program must conduct comprehensive environmental lead inspections and technical assistance and give advice regarding the appropriate reduction of environmental lead hazards to families with children who have elevated levels of lead in their blood. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

6. Funding. As resources permit and in accordance with rules adopted by the department, pursuant to section 1323 , the program must include payment by the department for blood lead level testing and related services and diagnostic evaluations when a child's parent is unable to pay and does not have health coverage for testing and services. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]

7. Exception. This section does not apply to a child whose parent or guardian objects to that child's participation in the program on the grounds that the assessment or testing is contrary to the parent's or guardian's sincerely held religious or philosophical beliefs. [PL 2001, c. 683, §3 (NEW); PL 2001, c. 683, §10 (AFF).]
22 M.R.S. § 3282 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3282
22 §3282. Provisions severable
Status: in_force

The provisions of chapters 855 , 855‑A , 855‑B , 855‑C and 855‑D are severable and, if any of the provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect nor impair any of the remaining provisions. If any of the provisions of said chapters shall be in violation of the provisions of the Federal Social Security Act as in effect on April 1, 1974, such provision shall be null and void and the department shall, in that event, take such action as is consistent with the intent of this Act and as is necessary to continue participation by the State of Maine in the program authorized by Title XVI of the United States Social Security Act, as amended. If any of the provisions of this Act shall be in violation of any amendment to the Social Security Act which shall take effect subsequent to April 1, 1974, the department shall recommend to the Legislature legislation which is necessary or desirable to conform the laws of the State to such amendments. [PL 1975, c. 623, §29 (AMD).]
22 M.R.S. § 783 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 783
22 §783. Registration revoked
Status: in_force

The department may revoke, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , the registration of any person found in violation of this chapter. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 4035 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4035
22 §4035. Hearing on jeopardy order petition
Status: in_force

1. Hearing required. The court shall hold a hearing prior to making a jeopardy order. [PL 1997, c. 715, Pt. A, §7 (AMD).]

2. Adjudication. After hearing evidence, the court shall make a finding, by a preponderance of the evidence, as to whether the child is in circumstances of jeopardy to the child's health or welfare. A. The court shall make a fresh determination of the question of jeopardy and may not give preclusive effect to the findings of fact made at the conclusion of the hearing under section 4034, subsection 4 . [PL 2001, c. 696, §30 (NEW).] B. The court shall make findings of fact on the record upon which the jeopardy determination is made. [PL 2001, c. 696, §30 (NEW).] C. The court shall make a jeopardy determination with regard to each parent who has been properly served. [PL 2001, c. 696, §30 (NEW).] [PL 2001, c. 696, §30 (AMD).]

2-A. Conviction or adjudication for certain sex offenses; presumption. There is a rebuttable presumption: A. That the person seeking custody or contact with the child would create a situation of jeopardy for the child if any contact were to be permitted and that contact is not in the best interest of the child if the court finds that the person: (1) Has been convicted of an offense listed in Title 19‑A, section 1653, subsection 6‑A, paragraph A in which the victim was a minor at the time of the offense and the person was at least 5 years older than the minor at the time of the offense except that, if the offense was gross sexual assault under Title 17‑A, section 253, subsection 1, paragraph B or C , or an offense in another jurisdiction that involves conduct that is substantially similar to that contained in Title 17‑A, section 253, subsection 1, paragraph B or C , and the minor victim submitted as a result of compulsion, the presumption applies regardless of the ages of the person and the minor victim at the time of the offense; or (2) Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing a person who was a minor at the time of the abuse. The person seeking custody or contact with the child may produce evidence to rebut the presumption; and [PL 2007, c. 513, §6 (AMD).] B. That the parent or person responsible for the child would create a situation of jeopardy for the child if the parent or person allows, encourages or fails to prevent contact between the child and a person who: (1) Has been convicted of an offense listed in Title 19‑A, section 1653, subsection 6‑A, paragraph A in which the victim was a minor at the time of the offense and the person was at least 5 years older than the minor at the time of the offense except that, if the offense was gross sexual assault under Title 17‑A, section 253, subsection 1, paragraph B or C and the minor victim submitted as a result of compulsion, the presumption applies regardless of the ages of the person and the minor victim at the time of the offense; or (2) Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing a person who was a minor at the time of the abuse. The parent or person responsible for the child may produce evidence to rebut the presumption. [PL 2005, c. 366, §7 (NEW).] [PL 2007, c. 513, §6 (AMD).]

3. Grounds for disposition. If the court determines that the child is in circumstances of jeopardy to the child's health or welfare, the court shall hear any relevant evidence regarding proposed dispositions, including written or oral reports, recommendations or case plans. The court shall then make a written order of any disposition under section 4036 . If, after reasonable effort, the department has been unable to serve a parent by the time of the hearing under subsection 1 , the court may order any disposition under section 4036 until such time as the parent is served and a jeopardy determination is made with regard to that parent. If possible, this dispositional phase must be conducted immediately after the adjudicatory phase. Written materials to be offered as evidence must be made available to each party's counsel and the guardian ad litem reasonably in advance of the dispositional phase. [PL 2001, c. 696, §31 (AMD).]

4. Final protection order. [PL 1997, c. 715, Pt. A, §8 (RP).]

4-A. Jeopardy order. The court shall issue a jeopardy order within 120 days of the filing of the child protection petition. This time period does not apply if good cause is shown. Good cause does not include a scheduling problem. [PL 1997, c. 715, Pt. A, §9 (NEW).]
22 M.R.S. § 1762 — ME Code / Title 22 / Subtitle 2 / Chapter 403 / Section 1762
22 §1762. Temporary facilities
Status: in_force

Notwithstanding the provisions of section 1761 , in the event of an outbreak of any disease or health problem dangerous to the public health, the municipal officers or local health officer, with the approval of the department, may establish temporary health care facilities, subject to the supervision of the department. [PL 1977, c. 696, §187 (REEN).]
22 M.R.S. § 1471-L — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-L
22 §1471-L. Subpoenas
Status: in_force

The board may issue subpoenas to compel the attendance of witnesses and production of such books, documents and records anywhere in the State in any hearing affecting the authority or privilege granted by a license or permit issued under this chapter, as may be relevant to proceedings of the board. If any person refuses to obey a subpoena issued by the board under this section, the board may apply to any Justice of the Superior Court for an order compelling such person to comply with the requirements of the subpoena. Such justice may issue such order and may punish failure to obey the same as a contempt thereof. [PL 1975, c. 397, §2 (NEW).]
22 M.R.S. § 2022 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2022
22 §2022. Duplicate
Status: in_force

A licensee may obtain a duplicate copy of the license upon payment of $2 to the department. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 4254 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4254
22 §4254. Jurisdiction - Article 4 (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. Retain jurisdiction. The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction also includes the power to order the return of the child to the sending state. [PL 2007, c. 255, §6 (NEW).]

2. Issue of child protection; custody. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication. [PL 2007, c. 255, §6 (NEW).]

3. Authority to terminate. In accordance with its own laws, the court in the sending state has authority to terminate its jurisdiction if: A. The child is reunited with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state; [PL 2007, c. 255, §6 (NEW).] B. The child is adopted; [PL 2007, c. 255, §6 (NEW).] C. The child reaches the age of majority under the laws of the sending state; [PL 2007, c. 255, §6 (NEW).] D. The child achieves legal independence pursuant to the laws of the sending state; [PL 2007, c. 255, §6 (NEW).] E. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; [PL 2007, c. 255, §6 (NEW).] F. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or [PL 2007, c. 255, §6 (NEW).] G. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

4. Court terminates jurisdiction. When a sending state court terminates its jurisdiction, the receiving state child placing agency must be notified. [PL 2007, c. 255, §6 (NEW).]

5. Claim of jurisdiction. Nothing in this section defeats a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state that would be a violation of its laws. [PL 2007, c. 255, §6 (NEW).]

6. Emergency jurisdiction. Nothing in this section limits the receiving state's ability to take emergency jurisdiction for the protection of the child. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 9062 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9062
22 §9062. Penalties
Status: in_force

1. Conduct subject to penalties. An employer may be subject to the penalties under this chapter for any of the following: A. Failure to conduct a mandatory background check; [PL 2015, c. 299, §25 (NEW).] B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter; [PL 2023, c. 241, §79 (AMD).] C. Substantial noncompliance with the procedures established by this chapter; and [PL 2023, c. 241, §80 (AMD).] D. Failure to enroll in the Background Check Center. [PL 2023, c. 241, §81 (NEW).] [PL 2023, c. 241, §§79-81 (AMD).]

2. Fines. An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection. A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense. [PL 2015, c. 299, §25 (NEW).] B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter. [PL 2015, c. 299, §25 (NEW).] C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 2524 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2524
22 §2524. General penalties
Status: in_force

1. Criminal violation. A person who violates this chapter or the rules adopted under this chapter for which no other criminal penalty is provided by this chapter commits a Class E crime. If the violation involves intent to defraud or any distribution or attempted distribution of a product that is adulterated, except as defined in section 2511, subsection 1, paragraph K , the person commits a Class D crime. [PL 1999, c. 799, §1 (NEW).]

2. Civil violation. A person who violates this chapter or any rule adopted under this chapter commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged for each violation. If the commissioner finds that the violation occurred despite the exercise of due care, the commissioner may issue a warning instead of seeking a forfeiture. [PL 1999, c. 799, §1 (NEW).]
22 M.R.S. § 2519-A — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2519-A
22 §2519-A. Detention
Status: in_force

If a livestock product or poultry product or a product exempted from the definitions of "livestock product" and "poultry product" or any dead, dying, disabled or diseased livestock or poultry is found by an authorized representative of the commissioner upon premises where it is held for, during or after distribution in intrastate commerce or is otherwise subject to this chapter and there is reason to believe that the product or animal is adulterated or misbranded and is useable as human food or that it has not been inspected, in violation of the provisions of this chapter or the federal acts or the Federal Food, Drug, and Cosmetic Act, or that the product or animal has been or is intended to be distributed in violation of any of these provisions, it may be detained by a representative for a period not to exceed 30 days, pending action under section 2524‑A or notification of a federal authority having jurisdiction over the product or animal. The product or animal may not be moved by a person from the place at which it is located when detained, until released by the representative. All official marks may be required by the representative to be removed from the product or animal before it is released, unless it appears to the satisfaction of the commissioner or the commissioner's designee that the product or animal is eligible to retain the marks. [PL 2023, c. 405, Pt. A, §59 (AMD).]
22 M.R.S. § 4269 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4269
22 §4269. Administrative provisions - Article 19 (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)

For purposes of the State's administration of this compact: [PL 2007, c. 255, §6 (NEW).]

1. Agency. This State's "government child welfare agency or child protection agency," "public child placing agency" and "central state compact office" is the Department of Health and Human Services, Office of Child and Family Services; [PL 2007, c. 255, §6 (NEW).]

2. State court. This State's "state court" is the District Court; [PL 2007, c. 255, §6 (NEW).]

3. Ongoing court jurisdiction. A child is "subject to ongoing court jurisdiction" in this State pursuant to section 4253, subsection 1, paragraph A if the child is the subject of a child protection proceeding pursuant to chapter 1071 , until the proceeding is dismissed or becomes subject to judicial reviews pursuant to section 4038 only upon motion or petition of a party; [PL 2007, c. 255, §6 (NEW).]

4. Adjudicated delinquent. A child is "adjudicated delinquent or unmanageable" in this State if the child has been adjudicated of a juvenile crime pursuant to Title 15, section 3310 ; [PL 2007, c. 255, §6 (NEW).]

5. Administrative procedures. This State's "applicable administrative procedures" are the procedures in Title 5, chapter 375, subchapter 4 , as modified by any rules adopted by the department pursuant to Title 5, chapter 375, subchapter 2 . Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A ; [PL 2007, c. 255, §6 (NEW).]

6. Existing body. This State's District Court's Child Protection Advisory Committee is the "existing body or board" pursuant to section 4257, subsection 7 that has responsibility to provide for coordination among this State's branches of government concerning the State's participation in and compliance with the compact and interstate commission activities; and [PL 2007, c. 255, §6 (NEW).]

7. Executive head. This State's "executive head of the state human services administration with ultimate responsibility for the child welfare program" is the commissioner. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 1317-B — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1317-B
22 §1317-B. Educational and publicity program
Status: in_force

The commissioner shall institute an educational and publicity program in order to inform the general public, health care providers and other appropriate groups of the dangers, frequency and sources of lead poisoning; the methods of preventing lead poisoning; and methods to abate lead-based substances and other environmental lead hazards from dwellings and premises. [PL 1991, c. 810, §22 (AMD).]
22 M.R.S. § 1706 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1706
22 §1706. Distribution of antitoxins in emergency
Status: in_force

The department, with the approval of the Governor, may, for the purpose of aiding in national defense in case of war or in any state emergency declared by the Governor under Title 37‑B, section 742 , procure and distribute inside the State and sell or give away, in its discretion, antitoxins, serums, vaccines, viruses and analogous products applicable to the prevention or cure of disease. [PL 2013, c. 462, §2 (AMD).]
22 M.R.S. § 2067 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2067
22 §2067. Exemption from taxation
Status: in_force

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential governmental function, and neither the authority nor its agent shall or may be required to pay any taxes or assessments upon or in respect of a project or projects or any property acquired, used by the authority or its agent or under the jurisdiction, control, possession or supervision of the same or upon the activities of the authority or its agent in the operation or maintenance of a project or projects under this chapter, or upon income or other revenues received therefrom, and any bonds, notes and other obligations issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, as well as the income and property of the authority, are at all times exempt from taxation of every kind by the State and by the municipalities and all other political subdivisions of the State. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 2651-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2651-A
22 §2651-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 463, §2 (NEW).]

1. Multiservice municipality. "Multiservice municipality" means any municipality served in whole or in part by more than one public water system. [PL 1983, c. 463, §2 (NEW).]

2. Multiple community water district. "Multiple community water district" means that area comprising all municipalities served in whole or part by a single public water system plus those public water system zones within multiservice municipalities served by the same public water system. [PL 1983, c. 463, §2 (NEW).]

3. Multiple community water system district-wide election. "Multiple community water system district-wide election" means an election held in each municipality within a multiple community water district to determine whether or not to fluoridate the water supply of that system. [PL 1983, c. 463, §2 (NEW).]

4. Municipality. "Municipality" means a city, town or plantation. [PL 1983, c. 463, §2 (NEW).]

5. Public water system. "Public water system" means the public water agency, company, utility, district or other entity serving one or more municipalities in whole or in part. [PL 1983, c. 463, §2 (NEW).]

6. Public water system zone. "Public water system zone" means any one of the 2 or more areas of a multiservice municipality served by a single public water system, as further defined in section 2657 . [PL 1983, c. 463, §2 (NEW).]

7. Registered petitioners. "Registered petitioners" means those registered voters residing in a single community water district or, in the case of a multiple community water system district-wide election, those registered voters residing in the multiple community water district who have accepted the responsibility of receiving notice concerning the filing of petitions pursuant to section 2655, subsection 3 . [PL 1987, c. 122, §1 (AMD).]

8. Single community water district. "Single community water district" means a municipality served in whole or in part by a water system which serves no other municipalities. [PL 1983, c. 463, §2 (NEW).]

9. Single-service municipality. "Single-service municipality" means any municipality served in whole or in part by a single public water system. [PL 1983, c. 463, §2 (NEW).]
22 M.R.S. § 3176 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3176
22 §3176. Treasurer of State as agent
Status: in_force

The Treasurer of State shall be the appropriate officer of the State to receive available federal grants for programs for which the department may be eligible to receive federal funding in accordance with the Federal Social Security Act and the State Controller shall authorize expenditures therefrom as approved by the department. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 1584 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1584
22 §1584. Fees
Status: in_force

All fees shall be collected by the department and remitted to the Treasurer of State and credited to the General Fund. [PL 1977, c. 696, §185 (NEW).]
22 M.R.S. § 7859 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7859
22 §7859. Residents' records
Status: in_force

Whenever there are pertinent and available health and other records about a person who seeks admission as a resident to a residential care facility, those records must be provided to the administrator of the facility at least 7 days prior to the date of admission, unless there are compelling reasons that make this impossible or impractical. If there are compelling reasons, including, but not limited to, emergency situations, the administrator must receive, by not later than the date of admission, a written note that: [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

1. Reasons explained. Explains the compelling reasons why the records could not be provided 7 days prior to the date of admission; and [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. When records will be provided. If the records have not yet been received, states by when the records will be provided. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

This section may not be construed to mean that a resident who is not a client of the department is required, as a condition of admission, to provide records to the administrator of the residential care facility. [RR 2003, c. 2, §81 (COR).]
22 M.R.S. § 8704 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8704
22 §8704. Powers and duties of the board
Status: in_force

The board has the following powers and duties. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Uniform reporting systems. The board shall establish uniform reporting systems. A. The board shall develop and implement policies and procedures for the collection, processing, storage and analysis of clinical, financial, quality and provider data and prescription drug price data in accordance with this subsection for the following purposes: (1) To use, build and improve upon and coordinate existing data sources and measurement efforts through the integration of data systems and standardization of concepts; (2) To coordinate the development of a linked public and private sector information system; (3) To emphasize data that is useful, relevant and not duplicative of existing data; (4) To minimize the burden on those providing data; and (5) To preserve the reliability, accuracy and integrity of collected data while ensuring that the data is available in the public domain. [PL 2021, c. 423, Pt. B, §2 (AMD).] B. Information and data required to be filed pursuant to this chapter must be filed annually or more frequently as specified by the organization. The organization shall establish a schedule for compliance with the required uniform reporting systems. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).] C. The organization may modify the uniform reporting systems for clinical, financial, quality and restructuring data to allow for differences in the scope or type of services and in financial structure among health care facilities, providers or payors subject to this chapter. [PL 2003, c. 469, Pt. C, §24 (AMD).] D. The board may provide analysis of data upon request. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).] E. The board shall exempt from reporting by a provider data regarding a person who informs the provider of the person's objection, or the objection of a parent of a minor, to inclusion in data collection based on a sincerely held religious belief. [PL 1999, c. 353, §7 (NEW).] [PL 2021, c. 423, Pt. B, §2 (AMD).]

2. Contracts for data collection; processing. The board may contract with one or more qualified, nongovernmental, independent 3rd parties for services necessary to carry out the data collection, processing and storage activities required under this chapter. For purposes of this subsection, a group or organization affiliated with the University of Maine System is not considered a governmental entity. Unless permission is specifically granted by the board, a 3rd party hired by the organization may not release, publish or otherwise use any information to which the 3rd party has access under its contract and shall otherwise comply with the requirements of this chapter. [PL 2001, c. 457, §8 (AMD).]

3. Contracts generally. The board may enter into all other contracts necessary or proper to carry out the powers and duties of this chapter, including contracts allowing organization staff to provide technical assistance to other public or private entities, with the proceeds used to offset the operational costs of the organization. [PL 2007, c. 136, §3 (AMD).]

4. Rulemaking. The board shall adopt rules necessary for the proper administration and enforcement of the requirements of this chapter. All rules must be adopted in accordance with Title 5, chapter 375 and unless otherwise provided are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 494, §7 (AMD).]

5. Public hearings. The board may conduct any public hearings determined necessary to carry out its responsibilities. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

6. Staff. The board shall appoint staff as needed to carry out the duties and responsibilities of the board under this chapter. The appointment and compensation of the staff are subject to Civil Service Law. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

7. Annual report. The board shall prepare and submit an annual report on the operation of the organization, including any activity contracted for by the organization, with resulting net earnings, as well as on collaborative activities with other health data collection and management organizations and stakeholder groups on their efforts to improve consumer access to health care quality and price information and price transparency initiatives, to the Governor and the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters no later than February 1st of each year. The report must include an annual accounting of all revenue received and expenditures incurred in the previous year and all revenue and expenditures planned for the next year. The report must include a list of persons or entities that requested data from the organization in the preceding year with a brief summary of the stated purpose of the request. [PL 2015, c. 494, Pt. A, §26 (AMD).]

8. Grants. The board may solicit, receive and accept grants, funds or anything of value from any public or private organization and receive and accept contributions of money, property, labor or any other thing of value from any legitimate source, except that the board may not accept grants from any entity that might have a vested interest in the decisions of the board. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

9. Cooperation; advice. The board may cooperate with and advise the department and any other person or entity on behavioral risk factor surveys, work site health and safety, and health work force research. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

10. Quality improvement foundations. [PL 2003, c. 469, Pt. C, §26 (RP).]

11. Other powers. The board may exercise all powers reasonably necessary to carry out the powers expressly granted and responsibilities expressly imposed by this chapter. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]
22 M.R.S. § 3474 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3474
22 §3474. Records; confidentiality, disclosure
Status: in_force

1. Confidentiality of adult protective records. All department records which contain personally identifying information and are created or obtained in connection with the department's adult protective activities and activities related to an adult while under the jurisdiction of the department are confidential and subject to release only under the conditions of subsections 2 and 3 . Within the department, the records shall be available only to and used by authorized departmental personnel and legal counsel for the department in carrying out their functions. [PL 1981, c. 527, §2 (NEW).]

2. Optional disclosure of records. The department may disclose relevant information in the records to the following persons, with protection for the identity of reporters and other persons when appropriate: A. An agency responsible for investigating a report of adult abuse, neglect or exploitation when the investigation is authorized by statute or by an agreement with the department; [PL 2003, c. 653, §6 (AMD).] B. An advocacy agency conducting an investigation under chapter 961 , United States Public Law 88-164, Title I, Part C or United States Public Law 99-319, except as provided in subsection 3, paragraph D ; [PL 1989, c. 7, Pt. N, §1 (AMD).] C. A physician treating an incapacitated or dependent adult who the physician reasonably suspects may be abused, neglected or exploited; [PL 2003, c. 653, §6 (AMD).] D. The caretaker, guardian or conservator of an incapacitated or dependent adult named in a record who is reported to be abused, neglected or exploited; [PL 2023, c. 151, §2 (AMD).] E. A person having the legal responsibility or authorization to care for, evaluate, treat or supervise an incapacitated or dependent adult; [PL 1987, c. 714, §3 (AMD).] F. Any person engaged in bona fide research, provided that no personally identifying information is made available, unless it is essential to the research and the commissioner or the commissioner's designee gives prior approval. If the researcher desires to contact a subject of a record, the subject's consent must be obtained by the department prior to the contact; [PL 1989, c. 858, §6 (AMD).] G. Persons and organizations pursuant to Title 5, section 9057, subsection 6 , and pursuant to chapter 857 ; [PL 2003, c. 653, §6 (AMD).] H. A relative by blood, marriage or adoption of an incapacitated or dependent adult named in a record; [PL 2007, c. 140, §1 (AMD).] I. A member of a panel appointed by the department or the Office of the Attorney General to review the death or serious injury of an incapacitated or dependent adult or a child; [PL 2017, c. 55, §1 (AMD).] J. The local animal control officer or the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 when there is a reasonable suspicion of animal cruelty, abuse or neglect. For purposes of this paragraph, "cruelty, abuse or neglect" has the same meaning as provided in Title 34‑B, section 1901, subsection 1, paragraph B ; and [PL 2017, c. 55, §2 (AMD).] K. The personal representative of the estate of an incapacitated or dependent adult who dies while under public guardianship or public conservatorship. [PL 2017, c. 55, §3 (NEW).] [PL 2023, c. 151, §2 (AMD).]

3. Mandatory disclosure of records. The department shall disclose relevant information in the records to the following persons: A. The guardian ad litem of an incapacitated or dependent adult named in a record who is reported to be abused, neglected or exploited; [PL 1981, c. 527, §2 (NEW).] B. A court on its finding that access to those records may be necessary for the determination of any issue before the court. Access must be limited to in camera inspection unless the court determines that disclosure of the information is necessary for the resolution of an issue pending before it; [PL 2003, c. 653, §7 (AMD).] C. A grand jury on its determination that access to those records is necessary in the conduct of its official business; [PL 2021, c. 686, §1 (AMD).] D. An advocacy agency conducting an investigation under chapter 961 , United States Public Law 88-164, Title I, Part C or United States Public Law 99-319, regarding a developmentally disabled person or mentally ill person who is or who, within the last 90 days, was residing in a facility rendering care or treatment, when a complaint has been received by the agency or there is probable cause to believe that that individual has been subject to abuse or neglect, and that person does not have a legal guardian or the person is under public guardianship. The determination of which information and records are relevant to the investigation is made by agreement between the department and the agency; [PL 2023, c. 151, §3 (AMD).] E. The Maine Developmental Services Oversight and Advisory Board established in Title 5, section 12004‑J, subsection 15 . Access is limited to aggregate data regarding investigations under this chapter relating to persons receiving adult developmental services as defined in Title 34‑B, section 1001, subsection 1‑A . Data must be provided at least quarterly. The determination of aggregate data to be provided is made by agreement between the department and the Maine Developmental Services Oversight and Advisory Board; and [PL 2023, c. 151, §4 (AMD).] F. The adult who is the subject of the record and the adult's attorney, with protection for identity of reporters and other persons when appropriate. Nothing in this paragraph requires the department to disclose information to a guardian or conservator of the adult who is the subject of the record. [PL 2023, c. 151, §5 (NEW).] [PL 2023, c. 151, §§3-5 (AMD).]
22 M.R.S. § 1327 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1327
22 §1327. Essential maintenance practices
Status: in_force

Notwithstanding any other provision of law, an owner of a building constructed prior to 1978 that is rented for residential purposes or used as a preschool facility may perform essential maintenance practices as defined under rules of the Department of Environmental Protection, chapter 424, "Lead Management Regulations." [PL 1999, c. 276, §18 (AMD).]

1. Precautions. [PL 1999, c. 276, §18 (RP).]

2. Checks. [PL 1999, c. 276, §18 (RP).]

3. Removes or stabilizes paint. [PL 1999, c. 276, §18 (RP).]

4. Repairs. [PL 1999, c. 276, §18 (RP).]

5. Provides information. [PL 1999, c. 276, §18 (RP).]
22 M.R.S. § 1471-J — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-J
22 §1471-J. Penalties
Status: in_force

A person who violates any provision of this chapter or any order, rule, decision, certificate or license issued by the board or commits any act constituting a ground for revocation, except acts punishable under section 1471‑D, subsection 8, paragraphs A and H , commits a civil violation subject to the penalties established in Title 7, section 616‑A . [PL 1989, c. 841, §8 (AMD).]
22 M.R.S. § 2941 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2941
22 §2941. Short title
Status: in_force

This chapter may be known and cited as "the Revised Uniform Anatomical Gift Act." [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1412 — ME Code / Title 22 / Subtitle 2 / Chapter 255-A / Section 1412
22 §1412. Duty of health care providers
Status: in_force

A physician, surgeon, nurse practitioner, physician associate or other health care practitioner and a hospital or other health care facility that screens for, diagnoses or provides therapeutic services to patients with amyotrophic lateral sclerosis shall report to the department all persons diagnosed as having amyotrophic lateral sclerosis no later than 6 months from the date of diagnosis. The report must include, but is not limited to, information on each person's usual occupation and industry of employment and other elements determined by rule to be appropriate. [PL 2021, c. 613, §1 (NEW); PL 2025, c. 316, §3 (REV).]
22 M.R.S. § 344 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 344
22 §344. Conflict of interest
Status: in_force

In addition to the limitations of Title 5, section 18 , a member or employee of the department who has a substantial economic or fiduciary interest that would be affected by a recommendation or decision to issue or deny a certificate of need or who has a close relative or economic associate whose interest would be so affected is ineligible to participate in the review, recommendation or decision-making process with respect to any application for which the conflict of interest exists. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 2842-A — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2842-A
22 §2842-A. Identification of dead human bodies with communicable diseases
Status: in_force

The department shall promulgate rules providing for notification to funeral directors or other authorized agents in charge of the disposition of dead human bodies in cases when the body has been diagnosed as having a communicable disease. [PL 1987, c. 811, §20 (NEW).]

Notification pursuant to this section is not a violation of this Title or Title 5, chapter 501 . [PL 1987, c. 811, §20 (NEW).]
22 M.R.S. § 2658 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2658
22 §2658. Allocation of costs
Status: in_force

The Public Utilities Commission, upon application, shall determine and allocate the cost of fluoridation among the customers of a public water system and shall from time to time review that determination and allocation as required. In the event that a community water district which has approved fluoridation votes to discontinue fluoridation, the public water system may amortize the remaining cost of its investment in these facilities and allocate the cost of that amortization among its customers, over such period of time as is approved by the Public Utilities Commission. [PL 1983, c. 463, §4 (NEW).]
22 M.R.S. § 7247 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7247
22 §7247. Controlled Substances Prescription Monitoring Program Fund
Status: in_force

The Controlled Substances Prescription Monitoring Program Fund is established within the department to be used by the commissioner to fund or assist in funding the program. Any balance in the fund does not lapse but is carried forward to be expended for the same purposes in succeeding fiscal years. The fund must be deposited with and maintained and administered by the department. The commissioner may accept funds into the fund from any source, public or private, including grants or contributions of money or other things of value, that the commissioner determines necessary to carry out the purposes of this chapter. Money received by the department to establish and maintain the program must be used for the expenses of administering this chapter. [PL 2011, c. 657, Pt. AA, §66 (AMD).]
22 M.R.S. § 2812 — ME Code / Title 22 / Subtitle 2 / Chapter 706 / Section 2812
22 §2812. Uniformity of construction and application
Status: in_force

This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. [PL 1983, c. 33 (NEW).]
22 M.R.S. § 1501 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1501
22 §1501. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1. Health care practitioner. "Health care practitioner" has the same meaning as set forth in Title 24, section 2502, subsection 1‑A . [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1-A. Health care. "Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition. [PL 2015, c. 444, §1 (NEW).]

2. Health care provider. "Health care provider" has the same meaning as set forth in Title 24, section 2502, subsection 2 . [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Minor. "Minor" means a person under 18 years of age. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Surrogate. "Surrogate" means: A. An adult who is not a parent or legal guardian but who is related to a minor by blood, marriage or adoption and with whom the minor resides and from whom the minor receives the ongoing care and support expected of a parent. "Surrogate" does not include a person to whom a parent has delegated parental authority to consent to the minor's medical treatment through a power of attorney or other written instrument; or [PL 2015, c. 444, §1 (NEW).] B. If an adult relative described in paragraph A does not exist, an adult to whom a parent or legal guardian has not delegated parental authority through a power of attorney or other written instrument with whom the minor resides and from whom the minor receives the ongoing care and support expected of a parent. [PL 2015, c. 444, §1 (NEW).] [PL 2015, c. 444, §1 (NEW).]
22 M.R.S. § 7322 — ME Code / Title 22 / Subtitle 5 / Chapter 1623 / Section 7322
22 §7322. Eligibility
Status: in_force

An adult with long-term care needs is eligible for in-home and community support services under this chapter if the department or its designee determines that the adult: [PL 1981, c. 511, §1 (NEW).]

1. Inappropriate placement. Is at risk of being or already has been placed inappropriately in an institutional setting; [PL 1981, c. 511, §1 (NEW).]

2. Need for services. Has a need for in-home and community support services; and [PL 1981, c. 511, §1 (NEW).]

3. Income and support. Has no or insufficient personal income or other support from public services, family members and neighbors. [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 2886 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2886
22 §2886. Bond for proper disposal; trafficking outside of State
Status: in_force

A school, college, university, recognized medical school in New England or physician or surgeon may not receive a body until a bond is given to the Treasurer of State by the physician or surgeon, or by and in behalf of the school, college, university or recognized medical school in New England, to be approved by a justice of a court of record in and for the county in which the physician or surgeon resides or in which the school, college, university or recognized medical school in New England is situated. The bond must be in the penal sum of $1,000, conditioned that all bodies that the physician or surgeon or the school, college, university or recognized medical school in New England receives thereafter are used only for the promotion within the State of medical education, which includes nursing training and premedical education, and, when no longer needed for such educational purposes, are decently buried, cremated or subjected to natural organic reduction. The bond must be examined annually in the month of December by the Treasurer of State and the Treasurer of State shall certify in writing upon each bond in the Treasurer of State's possession approval of the bond. If a bond is not approved by the Treasurer of State, the Treasurer of State shall immediately notify the party giving the bond, who shall forthwith file a new bond. A person that sells or buys a body or in any way trafficks in the same, transmits or conveys a body to any place outside of the State or causes the same to be done, except as provided in section 2884, must be punished by a fine of not more than $200 or by imprisonment for not more than 11 months. [PL 2023, c. 676, §17 (AMD).]
22 M.R.S. § 4063-B — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4063-B
22 §4063-B. Establishment of early counseling
Status: in_force

Whenever a child is ordered into the custody of the department under this chapter and the child is not expected to be returned to the home within 21 days, the department shall obtain counseling for the child as soon as possible, unless the department finds that counseling is not indicated. [PL 1991, c. 882, §2 (NEW); PL 1991, c. 882, §4 (AFF).]
22 M.R.S. § 2625-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2625-A
22 §2625-A. Renewals
Status: in_force

All licenses expire on December 31st of each biennial period and may be renewed thereafter for 2-year periods without further examination, upon the payment of the proper renewal fee as set forth in the rules. A person who fails to renew that person's license within 2 years following the expiration of the license must take an examination as a condition of licensure. [PL 2011, c. 45, §3 (AMD).]

The Board of Licensure of Water System Operators shall notify a person registered under this subchapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last-known address at least 30 days in advance of the expiration date of that person's license. [PL 2003, c. 33, §7 (AMD).]
22 M.R.S. § 1812-E — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-E
22 §1812-E. Ambulatory surgical facility
Status: in_force

1. Definition. As used in this chapter, unless the context otherwise indicates, "ambulatory surgical facility" means a facility with a primary purpose of providing elective surgical care to a patient who is admitted to and discharged from the facility within the same day. In order to meet this primary purpose, a facility must at least administer anesthetic agents, maintain a sterile environment in a surgical suite and charge a facility fee separate from the professional fee. "Ambulatory surgical facility" does not include: A. A facility that is licensed as part of a hospital; [PL 1991, c. 752, §1 (NEW).] B. A facility that provides services or accommodations for patients who stay overnight; [PL 1991, c. 752, §1 (NEW).] C. A facility existing for the primary purpose of performing terminations of pregnancies; or [PL 1991, c. 752, §1 (NEW).] D. The private office of a physician or dentist in individual or group practice, unless that facility or office is certified as a Medicare ambulatory surgical center. [PL 1991, c. 752, §1 (NEW).] [PL 1991, c. 752, §1 (AMD).]

2. Standards. The department shall establish standards for the licensure of ambulatory surgical facilities effective July 1, 1992. The standards must provide that ambulatory surgical facilities that are certified for the federal Medicare and Medicaid programs meet the requirements for state licensure. [PL 1991, c. 752, §1 (AMD).]

3. Annual inspection. The department shall inspect annually ambulatory surgical facilities, except that state inspections need not be performed during a year when a Medicare inspection is performed. [PL 1991, c. 752, §1 (NEW).]
22 M.R.S. § 3888 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3888
22 §3888. Prohibited interests of officers, directors and employees
Status: in_force

An officer, director or employee of the trust or a spouse or dependent child of an officer, director or employee of the trust may not receive direct personal benefit from the activities of the trust in assisting a private entity. This provision does not prohibit corporations or other entities with which an officer, director or employee is associated by reason of ownership or employment from participating in prevention programs of the trust, if that ownership or employment is made known to the board and the officer, director or employee abstains from voting on matters relating to that participation. This prohibition does not extend to corporators who are not officers, directors or employees of the trust. [PL 1995, c. 402, Pt. A, §8 (AMD).]
22 M.R.S. § 2674 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2674
22 §2674. Officials, employees and agents of the State
Status: in_force

1. Violation. An official, employee or agent of the State may not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. [PL 2015, c. 418, §1 (NEW).]

2. Medical standards of care. This section does not prohibit an official, employee or agent of the State from providing counseling, advice or a recommendation consistent with medical standards of care. [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 8719 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8719
22 §8719. Provider database and service locator tool
Status: in_force

1. Provider database. The organization shall develop and maintain a multipayor provider database that must be used by the department to provide information for a service locator available on a publicly accessible website for use by the public, by providers and by state agencies in accordance with this section. The organization and the department shall leverage existing data sources to maintain the database whenever possible, as allowable by state and federal law. Creation and maintenance of the database may not increase mandatory reporting requirements for providers of physical health services, and reporting requirements for providers of behavioral health services must be kept to the minimum necessary to ensure development of a useful database and tool for analytic, consumer service and provider identification and referral purposes. The organization shall collaborate with the department as necessary on the development and maintenance of the database. [PL 2021, c. 423, Pt. B, §3 (NEW).]

2. Funding. The development of the multipayor provider database and service locator tool under subsection 1 must be funded using existing resources within the department and grant funding obtained by the department from public and private sources. The organization and the Office of MaineCare Services within the department are jointly responsible for the ongoing maintenance costs of the provider database using existing resources. [PL 2021, c. 423, Pt. B, §3 (NEW).]
22 M.R.S. § 3173-H — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-H
22 §3173-H. Services delivered through telehealth
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Asynchronous encounters" means the interaction or consultation between a patient and the patient's provider or between health professionals regarding the patient through a system with the ability to store digital information, including, but not limited to, still images, video, audio and text files, and other relevant data in one location and subsequently transmit such information for interpretation at a remote site by health professionals without requiring the simultaneous presence of the patient or the health professionals. [PL 2019, c. 649, §1 (AMD).] A-1. "Health professional" means a provider or an individual, facility or organization with whom a provider consults in order to provide care to a patient. [PL 2019, c. 649, §1 (NEW).] A-2. "Patient" means a MaineCare member. [PL 2019, c. 649, §1 (NEW).] A-3. "Provider" means an individual, a facility or an organization that provides services under the MaineCare program. [PL 2019, c. 649, §1 (NEW).] B. "Store and forward transfers" means transmission of a patient's recorded health history through a secure electronic system to a health professional. [PL 2019, c. 649, §1 (AMD).] C. "Synchronous encounters" means a real-time interaction conducted with interactive audio or video connection between a patient and the patient's provider or between health professionals regarding the patient. [PL 2019, c. 649, §1 (AMD).] D. "Telehealth," as it pertains to the delivery of MaineCare services, means the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. [PL 2021, c. 291, Pt. A, §1 (AMD).] E. "Telemonitoring," as it pertains to the delivery of MaineCare services, means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the provider to track the patient's health data over time. Telemonitoring may be synchronous or asynchronous. [PL 2021, c. 291, Pt. A, §2 (AMD).] [PL 2021, c. 291, Pt. A, §§1, 2 (AMD).]

2. Grants. The department may solicit, apply for and receive grants that support the development of the technology infrastructure necessary to support the delivery of MaineCare services through telehealth and that support access to equipment, technical support and education related to telehealth for providers. [PL 2019, c. 649, §1 (AMD).]

3. Annual report. Beginning January 1, 2018 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the use of telehealth in the MaineCare program, including the number of providers providing telehealth and telemonitoring services, the number of patients served by telehealth and telemonitoring services and a summary of grants applied for and received related to telehealth and telemonitoring. [PL 2019, c. 649, §1 (AMD).]

4. Education. The department shall conduct educational outreach to providers and MaineCare members on telehealth and telemonitoring services. [PL 2017, c. 307, §2 (NEW).]

5. Rules. The department shall adopt routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A to carry out the provisions of this section. Rules adopted by the department: A. May not include any requirement that a patient have a certain number of emergency room visits or hospitalizations related to the patient's diagnosis in the criteria for a patient's eligibility for telemonitoring services; [PL 2017, c. 307, §2 (NEW).] B. Except as provided in paragraph E , must include qualifying criteria for a patient's eligibility for telemonitoring services that include documentation in a patient's medical record that the patient is at risk of hospitalization or admission to an emergency room; [PL 2019, c. 649, §1 (AMD).] C. Must provide that group therapy for behavioral health or addiction services covered by the MaineCare program may be delivered through telehealth; [PL 2019, c. 649, §1 (AMD).] D. Must include requirements for providers providing telehealth and telemonitoring services; and [PL 2019, c. 649, §1 (AMD).] E. Must allow at least some portion of case management services covered by the MaineCare program to be delivered through telehealth, without requiring qualifying criteria regarding a patient's risk of hospitalization or admission to an emergency room. [PL 2019, c. 649, §1 (NEW).] [PL 2019, c. 649, §1 (AMD).]

6. Consent for telehealth and telemonitoring services. A patient may provide verbal, electronic or written consent for telehealth and telemonitoring services under this section. [PL 2021, c. 291, Pt. A, §3 (NEW).]
22 M.R.S. § 2491 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2491
22 §2491. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 496, §3 (NEW).]

1. Campground. "Campground" means, in addition to the generally accepted definitions, camping areas, recreational vehicle parks, seashore resorts, lakeshore places, picnic and lunch grounds or other premises where tents, recreational vehicles, rental cabins and cottages are permitted on 5 or more sites for compensation or indirect compensation. "Campground" includes, but is not limited to, sites intended for recreational purposes rather than permanent residency. "Campground" does not include parking lots or areas where camping is not authorized. [PL 2021, c. 125, §3 (AMD).]

2. Catering establishments. "Catering establishments" means any kitchen, commissary or similar place in which food or drink is prepared for sale or service elsewhere or for service on the premises during special catered events. [PL 1975, c. 496, §3 (NEW).]

2-A. Calories per serving. "Calories per serving" means the caloric information for a food or beverage item being offered for consumption by one person, as usually prepared and as offered for sale on the menu, menu board or food display tag. [PL 2009, c. 395, §1 (NEW); PL 2009, c. 395, §8 (AFF).]

2-B. Chain restaurant. "Chain restaurant" means an eating establishment that does business under the same trade name in 20 or more locations, at least one of which is located in the State, that offers predominantly the same type of meals, food, beverages or menus, regardless of the type of ownership of an individual location. "Chain restaurant" does not include a grocery store. "Chain restaurant" does not include a hotel or motel that provides a separately owned eating establishment but does include the separately owned eating establishment if the eating establishment meets the criteria of this subsection. "Chain restaurant" does not include a movie theater. [PL 2009, c. 395, §2 (NEW); PL 2009, c. 395, §8 (AFF).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

4. Cottage. "Cottage" means a single structure where sleeping accommodations are furnished to the public as a business for a day, week or month, but not for longer than an entire season, for temporary occupancy for recreational purposes only and not for permanent residency. [PL 2011, c. 193, Pt. A, §2 (AMD).]

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

6. Eating and lodging place. [PL 2017, c. 322, §2 (RP).]

7. Eating establishment. "Eating establishment" means any place where food or drink is prepared and served or served to the public for consumption on the premises or prepared and served or served ready to eat to the public for consumption off the premises. "Eating establishment" includes places in the entertainment, hospitality, recreation, restaurant and tourism industries; catering establishments; correctional facilities; hospital cafeterias; mobile eating places; public and private schools; retail frozen dairy product establishments; and workplace eating establishments and places where food is prepared for vending machines dispensing food other than in original sealed packages. "Eating establishment" does not include: A. A place preparing and serving food that is licensed pursuant to state law by a state agency other than the department as long the licensing of the place includes regular food safety inspections; [PL 2017, c. 322, §3 (NEW).] B. A place serving food only to residents, such as a boarding home, a retirement home or an independent living place; and [PL 2017, c. 322, §3 (NEW).] C. A farm stand that offers only whole, uncut fresh fruits and vegetables. [PL 2017, c. 322, §3 (NEW).] [PL 2017, c. 322, §3 (RPR).]

7-A. Food display tag. "Food display tag" means a written or printed description of a food or beverage item, such as a label or placard, placed in the vicinity of the food or beverage item identifying the type or price of the food or beverage. [PL 2009, c. 395, §3 (NEW); PL 2009, c. 395, §8 (AFF).]

7-B. Grocery store. "Grocery store" means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish and poultry. "Grocery store" includes a convenience store, but does not include a separately owned eating establishment located within a grocery store. [PL 2009, c. 395, §4 (NEW); PL 2009, c. 395, §8 (AFF).]

7-C. Menu. "Menu" means a written or printed list describing food or beverage items offered for sale at an eating establishment that may be distributed on or off the premises, but does not include a menu board. [PL 2009, c. 395, §5 (NEW); PL 2009, c. 395, §8 (AFF).]

7-D. Menu board. "Menu board" means a list of food or beverage items offered for sale at an eating establishment that is posted in a public area for viewing by multiple customers, including a backlit marquee sign, chalkboard or drive-through menu sign. [PL 2009, c. 395, §6 (NEW); PL 2009, c. 395, §8 (AFF).]

7-E. Health inspector. "Health inspector" means a person whose education and experience in the biological and sanitary sciences qualify that person to engage in the promotion and protection of the public health and who applies technical knowledge to solve problems of a sanitary nature and develops methods and carries out procedures for the control of those factors of the environment that affect the health, safety and well-being of others. [PL 2011, c. 193, Pt. A, §5 (NEW).]

7-F. Lodging place. "Lodging place" means a fixed structure, or any part of a structure, used, maintained or advertised as a place where sleeping accommodations are furnished that offers stays that are temporary in nature and consist of fewer than 183 days in the aggregate per year. "Lodging place" includes accommodations in the entertainment, hospitality, recreation and tourism industries, including, but not limited to, hotels, motels, bed and breakfasts, inns and properties under common management at the same location where 4 or more rooms, cottages or condominium units are available. "Lodging place" does not include vacation rentals, youth camps, dormitories of charitable, educational or philanthropic institutions, fraternity or sorority houses affiliated with educational institutions, permanent residences, rental properties with tenant and landlord relationships as described under Title 14, chapters 709 to 710‑D , nursing facilities as defined in section 1812‑A , assisted living facilities as defined in section 7852, subsection 4‑A or residential care facilities as defined in section 7852, subsection 14 . [PL 2023, c. 176, §3 (AMD).]

7-G. Indirect compensation. "Indirect compensation" means nonmonetary consideration provided to a consumer or patron. [PL 2021, c. 125, §5 (NEW).]

8. Mobile eating place. "Mobile eating place" means a mobile vehicle designed and constructed to transport, prepare, sell or serve food at a number of sites and capable of being moved from its serving site at any time. [PL 1975, c. 496, §3 (NEW).]

9. Mobile home. [PL 1983, c. 553, §18 (RP).]

10. Mobile home park. [PL 1983, c. 553, §18 (RP).]

10-A. Public pool. "Public pool" means any constructed or prefabricated pool other than a residential pool or medical facility pool that is intended to be used for swimming, recreational bathing or wading and is operated by an owner, lessee, tenant or concessionaire or by a person licensed by the department whether or not a fee is charged for use. "Public pool" includes a pool on the premises of a child care facility that is licensed or required to be licensed under section 8301‑A . [PL 2011, c. 193, Pt. A, §7 (NEW).]

10-B. Public spa. "Public spa" means any constructed spa other than a residential spa or medical facility spa. [PL 2011, c. 193, Pt. A, §8 (NEW).]

10-C. Permanent residence. “Permanent residence” means the primary location where a person lives 183 days or more in a year in the aggregate, as determined in accordance with department rule. [PL 2021, c. 125, §6 (NEW).]

11. Recreational camp or sporting camp. "Recreational camp" or "sporting camp" means a building or group of buildings devoted primarily to the offering of eating and lodging facilities to guests only, with 4 or more rooms or cottages for rent, for a fee to persons seeking recreation, including snowmobiling, hunting, fishing and similar activities, not including programs overseen by employees or volunteers of municipalities and educational institutions when the activities generally take place at municipal or institutional properties and buildings. [PL 2021, c. 125, §7 (AMD).]

12. Sanitarian. [PL 2011, c. 193, Pt. A, §10 (RP).]

13. Vending machine establishment. [PL 2011, c. 193, Pt. A, §11 (RP).]

14. Vending machine. "Vending machine" means any self-service device offered for public use that, upon insertion of money or by other similar means, dispenses unit servings of food other than in original sealed packages without the necessity of replenishing the device between vending operations. [PL 2011, c. 193, Pt. A, §12 (AMD).]

15. Retail frozen dairy product establishment. "Retail frozen dairy product establishment" means any place, premise or establishment and any part thereof where frozen dairy products, such as ice cream, frozen custard, ice milk, sherbert, ices and related food products are prepared for consumption on or off premises. [PL 1979, c. 672, Pt. A, §60 (NEW).]

16. Youth camp. "Youth camp" means a combination of program and facilities established for the primary purpose of providing an outdoor group living experience for children with social, recreational, spiritual and educational objectives and operated and used for 5 or more consecutive days during one or more seasons of the year. "Youth camp" includes day camps, residential camps and trip and travel camps. "Youth camp" does not include programs overseen by employees or volunteers of municipalities and educational institutions when the activities generally take place at municipal or institutional properties and buildings. [PL 2021, c. 125, §8 (AMD).]

17. Vacation rental. "Vacation rental" means a residential property that is rented for vacation, leisure or recreation purposes for a day, a week or a month, and typically under 30 days but not for more than an entire summer or winter season, to a person who has a place of permanent residence to which the person intends to return. [PL 2013, c. 264, §5 (NEW).]
22 M.R.S. § 2649 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2649
22 §2649. Protection of public water supplies over winter
Status: in_force

1. Petition for rules. Any water utility, water district or municipality which relies on surface water for its water supply may petition the Commissioner of Inland Fisheries and Wildlife to promulgate rules to regulate the size and range of motor vehicles which may be permitted on the ice of any reservoir or surface water which is used as a public water supply. The petitioner must supply the technical information in support of the decision. The commissioner shall promulgate only such rules as are reasonable and necessary to protect the public water supply. These rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , after a public hearing in the affected area. [PL 1987, c. 353, §1 (NEW).]

2. Existing rules. Any rules that are adopted must be at least as strict as those already in existence for that body of water. Nothing in this section may be construed to limit in any way the authority of the municipal officers to enact ordinances under Title 30‑A, section 3009, subsection 1, paragraph E , or any private and special law granting a water utility or municipality greater control for protecting its public water supply than those set forth in this section. [PL 1991, c. 824, Pt. B, §7 (AMD).]

3. Violation. Any violation of the rules promulgated under this section is a civil violation for which a forfeiture of not more than $100 may be adjudged for each violation. [PL 1987, c. 353, §1 (NEW).]
22 M.R.S. § 3295 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3295
22 §3295. Information provided for unemployment compensation proceedings relevant to state employment
Status: in_force

If confidential information relevant to an unemployment compensation proceeding with respect to the provision of, denial or termination of unemployment compensation benefits related to a person's state employment, the director may release the confidential information to the Commissioner of Labor or the commissioner's designee. The commissioner may request from the director of the bureau confidential information that may be directly related to an unemployment compensation proceeding with respect to a person's state employment. The director may release the confidential information to the commissioner or the commissioner's designee if the confidential information is related to the proceeding. The commissioner shall provide the claimant with access to the information. [PL 1987, c. 714, §2 (NEW).]
22 M.R.S. § 8735 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8735
22 §8735. Compliance
Status: in_force

1. Certification of accuracy. A manufacturer, wholesale drug distributor or pharmacy benefits manager that submits a notification or report to the organization pursuant to this subchapter shall submit with the notification or report a signed written certification of the notification's or report's accuracy. [PL 2019, c. 470, §8 (NEW).]

2. Civil penalty. A manufacturer, wholesale drug distributor or pharmacy benefits manager that violates this subchapter commits a civil violation for which a fine of $30,000 may be adjudged for each day of the violation. [PL 2019, c. 470, §8 (NEW).]

3. Audit. The organization may audit the data submitted by a manufacturer, wholesale drug distributor or pharmacy benefits manager pursuant to this subchapter. The manufacturer, wholesale drug distributor or pharmacy benefits manager shall pay for the costs of the audit. [PL 2019, c. 470, §8 (NEW).]

4. Corrective action plan. The organization may require a manufacturer, wholesale drug distributor or pharmacy benefits manager subject to this subchapter to develop a corrective action plan to correct any deficiencies the organization finds with the manufacturer's, wholesale drug distributor's or pharmacy benefits manager's compliance with this subchapter. [PL 2019, c. 470, §8 (NEW).]
22 M.R.S. § 3769-E — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769-E
22 §3769-E. Temporary Assistance for Needy Families block grant; increased heating assistance
Status: in_force

In fiscal year 2017-18 and annually thereafter, the Department of Health and Human Services shall provide $3,000,000 in funds provided under the Temporary Assistance for Needy Families block grant to the Maine State Housing Authority to provide heating assistance for low-income families with children. [PL 2017, c. 284, Pt. NNNNNNN, §12 (NEW).]

Funds provided under this section must be used to supplement funds available under the Low-Income Home Energy Assistance Program administered by the federal Department of Health and Human Services and must be made available to families with children at or below 170% of the federal poverty level that qualify for that program under rules established by the Maine State Housing Authority. [PL 2017, c. 284, Pt. NNNNNNN, §12 (NEW).]

The Maine State Housing Authority may retain what the department determines to be a reasonable administrative fee from the Temporary Assistance for Needy Families block grant for the cost of administering the heating assistance available under this section. [PL 2017, c. 284, Pt. NNNNNNN, §12 (NEW).]
22 M.R.S. § 2813 — ME Code / Title 22 / Subtitle 2 / Chapter 706 / Section 2813
22 §2813. Short title
Status: in_force

This Act may be cited as the Uniform Determination of Death Act. [PL 1983, c. 33 (NEW).]
22 M.R.S. § 3875-A — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3875-A
22 §3875-A. Child abuse and neglect prevention councils; membership
Status: in_force

The child abuse and neglect prevention councils are responsible for facilitating the community programs under this chapter. Each council shall establish a governing or advisory board of directors. The board must be diverse with broad-based participation in each county. Terms of the directors and methods of appointment or election of members must be determined by the child abuse and neglect prevention council's bylaws or by rules of procedure adopted for the advisory board if an advisory board is established. [PL 2009, c. 204, §8 (AMD).]
22 M.R.S. § 3280 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3280
22 §3280. Liability of relatives
Status: in_force

The spouse of a beneficiary of state supplemental income is, if of sufficient ability, responsible for the partial or total support of the beneficiary. In determining the ability of such a spouse, the spouse's assets as well as the spouse's income must be considered. [RR 2021, c. 2, Pt. B, §170 (COR).]

The Attorney General shall bring proceedings in the name of the State of Maine in any court of competent jurisdiction to compel any person liable under this section to contribute to the support of any recipient of such benefit, if, after reasonable efforts on the part of the department, voluntary contributions have not been made. The court shall determine a fair and reasonable amount for support to be paid by the defendant to the department as reimbursement for moneys furnished to a recipient. [PL 1973, c. 790, §3 (NEW).]

The action must be brought as a petition for support upon not less than 7 days' notice. Upon failure to pay the support ordered, execution must issue. The State shall pay the expense of commitment and support when the defendant is committed to jail on execution and the defendant may be discharged in the same manner as provided by Title 19‑A, section 952 . [RR 1997, c. 2, §47 (COR).]

The department shall encourage and stimulate voluntary contributions from the parents and adult children of the recipients of such aid, if such relatives are of sufficient ability to contribute toward the support of such recipients. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 1471-P — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-P
22 §1471-P. Storage of illegal and obsolete pesticides
Status: in_force

1. Board to accept illegal and obsolete pesticides. Within the limits of resources made available to it for the storage or disposal of illegal and obsolete pesticides purchased for use in Maine, the board shall accept, store and dispose of pesticides from persons who purchased them with the intent of applying them. [PL 1981, c. 705, Pt. S, §1 (NEW).]

2. Board may adopt rules and fees. The board may adopt any rules necessary to implement this section, including rules limiting the quantity and nature of pesticides it accepts for storage or disposal. The board may adopt and charge fees for storage or disposal of pesticides presented to it where the amount of pesticides, or special treatments necessary for safe storage or disposal, will require a substantial cost to the board; provided, that the fees charged are close to the actual cost incurred by the board. [PL 1981, c. 705, Pt. S, §1 (NEW).]
22 M.R.S. § 5402 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5402
22 §5402. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 653, Pt. A, §1 (NEW).]

1. Educated health care consumer. "Educated health care consumer" means an individual who is knowledgeable about the health care system, has no financial interest in the delivery of health care services or sale of health insurance and has a background or experience in making informed decisions regarding health, medical or scientific matters. [PL 2019, c. 653, Pt. A, §1 (NEW).]

2. Federal Affordable Care Act. "Federal Affordable Care Act" means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. [PL 2019, c. 653, Pt. A, §1 (NEW).]

3. Marketplace. "Marketplace" means the Maine Health Insurance Marketplace established by this chapter. [PL 2019, c. 653, Pt. A, §1 (NEW).]

4. Marketplace trust fund. "Marketplace trust fund" means the Maine Health Insurance Marketplace Trust Fund established by this chapter. [PL 2019, c. 653, Pt. A, §1 (NEW).]

5. Superintendent. "Superintendent" means the Superintendent of Insurance. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 4011-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4011-A
22 §4011-A. Reporting of suspected abuse or neglect
Status: in_force

1. Required report to department. The following adult persons shall immediately report or cause a report to be made to the department when the person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected or that a suspicious child death has occurred: A. When acting in a professional capacity: (1) An allopathic or osteopathic physician, resident or intern; (2) An emergency medical services person; (3) A medical examiner; (4) A physician associate; (5) A dentist; (6) A dental hygienist; (7) A dental assistant; (8) A chiropractor; (9) A podiatrist; (10) A registered or licensed practical nurse; (11) A teacher; (12) A guidance counselor; (13) A school official; (14) A youth camp administrator or counselor; (15) A social worker; (16) A court-appointed special advocate or guardian ad litem for the child; (17) A homemaker; (18) A home health aide; (19) A medical or social service worker; (20) A psychologist; (21) Child care personnel; (22) A mental health professional; (23) A law enforcement official; (24) A state or municipal fire inspector; (25) A municipal code enforcement official; (26) A commercial film and photographic print processor; (27) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications; (28) A chair of a professional licensing board that has jurisdiction over mandated reporters; (29) A humane agent employed by the Department of Agriculture, Conservation and Forestry; (30) A sexual assault counselor; (31) A family or domestic violence victim advocate; and (32) A school bus driver or school bus attendant; [RR 2025, c. 1, Pt. B, §4 (COR).] B. Any person who has assumed full, intermittent or occasional responsibility for the care or custody of the child, regardless of whether the person receives compensation; and [PL 2003, c. 210, §3 (AMD).] C. Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation. [PL 2003, c. 210, §4 (NEW).] Whenever a person is required to report in a capacity as a member of the staff of a medical or public or private institution, agency or facility, that person immediately shall notify either the person in charge of the institution, agency or facility or a designated agent who then shall cause a report to be made. The staff also may make a report directly to the department. If a person required to report notifies either the person in charge of the institution, agency or facility or the designated agent, the notifying person shall acknowledge in writing that the institution, agency or facility has provided confirmation to the notifying person that another individual from the institution, agency or facility has made a report to the department. The confirmation must include, at a minimum, the name of the individual making the report to the department, the date and time of the report and a summary of the information conveyed. If the notifying person does not receive the confirmation from the institution, agency or facility within 24 hours of the notification, the notifying person immediately shall make a report directly to the department. An employer may not take any action to prevent or discourage an employee from making a report. [RR 2025, c. 1, Pt. B, §4 (COR).]

1-A. Permitted reporters. An animal control officer, as defined in Title 7, section 3907, subsection 4 , may report to the department when that person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected. [PL 2007, c. 139, §2 (NEW).]

2. Required report to district attorney. When, while acting in a professional capacity, any person required to report under this section knows or has reasonable cause to suspect that a child has been abused or neglected by a person not responsible for the child or that a suspicious child death has been caused by a person not responsible for the child, the person immediately shall report or cause a report to be made to the appropriate district attorney's office. Whenever a person is required to report in a capacity as a member of the staff of a medical or public or private institution, agency or facility, that person immediately shall notify either the person in charge of the institution, agency or facility or a designated agent who then shall cause a report to be made. The staff also may make a report directly to the appropriate district attorney's office. If a person required to report notifies either the person in charge of the institution, agency or facility or the designated agent, the notifying person shall acknowledge in writing that the institution, agency or facility has provided confirmation to the notifying person that another individual from the institution, agency or facility has made a report to the appropriate district attorney's office. The confirmation must include, at a minimum, the name of the individual making the report to the appropriate district attorney's office, the date and time of the report and a summary of the information conveyed. If the notifying person does not receive the confirmation from the institution, agency or facility within 24 hours of the notification, the notifying person immediately shall make a report directly to the appropriate district attorney's office. An employer may not take any action to prevent or discourage an employee from making a report. [PL 2015, c. 117, §2 (AMD).]

2-A. Disclosure to law enforcement officer. Upon request of a law enforcement officer investigating a report of child abuse or neglect, a member of the staff of a public or private medical institution, agency or facility or person in charge of the institution, agency or facility or the designated agent who made a report pursuant to subsection 1 shall disclose to the law enforcement officer the same information the member or person reported to the department. [PL 2023, c. 146, §1 (NEW).]

3. Optional report. Any person may make a report if that person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected or that there has been a suspicious child death. [PL 2007, c. 586, §12 (AMD).]

4. Mental health treatment. When a licensed mental health professional is required to report under subsection 1 and the knowledge or reasonable cause to suspect that a child has been or is likely to be abused or neglected or that a suspicious child death has occurred comes from treatment of a person responsible for the abuse, neglect or death, the licensed mental health professional shall report to the department in accordance with subsection 1 and under the following conditions. A. The department shall consult with the licensed mental health professional who has made the report and shall attempt to reach agreement with the mental health professional as to how the report is to be pursued. If agreement is not reached, the licensed mental health professional may request a meeting under paragraph B . [PL 2001, c. 345, §5 (NEW).] B. Upon the request of the licensed mental health professional who has made the report, after the department has completed its investigation of the report under section 4021 or has received a preliminary protection order under section 4034 and when the department plans to initiate or has initiated a jeopardy order under section 4035 or plans to refer or has referred the report to law enforcement officials, the department shall convene at least one meeting of the licensed mental health professional who made the report, at least one representative from the department, a licensed mental health professional with expertise in child abuse or neglect and a representative of the district attorney's office having jurisdiction over the report, unless that office indicates that prosecution is unlikely. [PL 2001, c. 345, §5 (NEW).] C. The persons meeting under paragraph B shall make recommendations regarding treatment and prosecution of the person responsible for the abuse, neglect or death. The persons making the recommendations shall take into account the nature, extent and severity of abuse or neglect, the safety of the child and the community and needs of the child and other family members for treatment of the effects of the abuse or neglect and the willingness of the person responsible for the abuse, neglect or death to engage in treatment. The persons making the recommendations may review or revise these recommendations at their discretion. [PL 2007, c. 586, §13 (AMD).] The intent of this subsection is to encourage offenders to seek and effectively utilize treatment and, at the same time, provide any necessary protection and treatment for the child and other family members. [PL 2007, c. 586, §13 (AMD).]

5. Photographs of visible trauma. Whenever a person is required to report as a staff member of a law enforcement agency or a hospital, that person shall make reasonable efforts to take, or cause to be taken, color photographs of any areas of trauma visible on a child. A. The taking of photographs must be done with minimal trauma to the child and in a manner consistent with professional standards. The parent's or custodian's consent to the taking of photographs is not required. [PL 2001, c. 345, §5 (NEW).] B. Photographs must be made available to the department as soon as possible. The department shall pay the reasonable costs of the photographs from funds appropriated for child welfare services. [PL 2001, c. 345, §5 (NEW).] C. The person shall notify the department as soon as possible if that person is unable to take, or cause to be taken, these photographs. [PL 2001, c. 345, §5 (NEW).] D. Designated agents of the department may take photographs of any subject matter when necessary and relevant to an investigation of a report of suspected abuse or neglect or to subsequent child protection proceedings. [PL 2001, c. 345, §5 (NEW).] [PL 2001, c. 345, §5 (NEW).]

6. Permissive reporting of animal cruelty, abuse or neglect. Notwithstanding any other provision of state law imposing a duty of confidentiality, a person listed in subsection 1 may report a reasonable suspicion of animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 . For purposes of this subsection, the reporter shall disclose only such limited confidential information as is necessary for the local animal control officer or animal welfare program employee to identify the animal's location and status and the owner's name and address. For purposes of this subsection, "cruelty, abuse or neglect" has the same meaning as provided in Title 34‑B, section 1901 , subsection 1, paragraph B. A reporter under this subsection may assert immunity from civil and criminal liability under Title 34‑B, chapter 1, subchapter 6 . [PL 2007, c. 140, §8 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

7. Children under 6 months of age or otherwise nonambulatory. A person required to make a report under subsection 1 shall report to the department if a child who is under 6 months of age or otherwise nonambulatory exhibits evidence of the following: A. Fracture of a bone; [PL 2013, c. 268, §1 (NEW).] B. Substantial bruising or multiple bruises; [PL 2013, c. 268, §1 (NEW).] C. Subdural hematoma; [PL 2013, c. 268, §1 (NEW).] D. Burns; [PL 2013, c. 268, §1 (NEW).] E. Poisoning; or [PL 2013, c. 268, §1 (NEW).] F. Injury resulting in substantial bleeding, soft tissue swelling or impairment of an organ. [PL 2013, c. 268, §1 (NEW).] This subsection does not require the reporting of injuries occurring as a result of the delivery of a child attended by a licensed medical practitioner or the reporting of burns or other injuries occurring as a result of medical treatment following the delivery of the child while the child remains hospitalized following the delivery. [PL 2015, c. 178, §1 (AMD).]

8. Required report of residence with nonfamily. A person required to make a report under subsection 1 shall report to the department if the person knows or has reasonable cause to suspect that a child is not living with the child's family. Although a report may be made at any time, a report must be made immediately if there is reason to suspect that a child has been living with someone other than the child's family for more than 6 months or if there is reason to suspect that a child has been living with someone other than the child's family for more than 12 months pursuant to a power of attorney or other nonjudicial authorization. [PL 2015, c. 274, §7 (NEW).]

9. Training requirement. A person required to make a report under subsection 1 shall complete at least once every 4 years mandated reporter training approved by the department. [PL 2015, c. 407, §1 (NEW).]
22 M.R.S. § 1717 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1717
22 §1717. Licensing of personal care agencies
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Activities of daily living" means tasks that are routinely performed by an individual to maintain bodily function, including, but not limited to, mobility; transfers in position among sitting, standing and prone positions; dressing; eating; toileting; bathing; and personal hygiene assistance. [PL 1997, c. 716, §1 (NEW).] A-1. "Direct access" means access to the property, personally identifiable information, financial information or resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other individual served by a provider subject to this chapter. [PL 2015, c. 196, §1 (NEW); PL 2015, c. 299, §1 (NEW).] A-2. "Direct access personnel" means individuals employed in positions that have direct access. [PL 2015, c. 196, §1 (NEW); PL 2015, c. 299, §1 (NEW).] A-3. "Direct care worker" means an individual who by virtue of employment generally provides to individuals direct contact assistance with personal care or activities of daily living or has direct access to provide care and services to clients, patients or residents regardless of setting. "Direct care worker" does not include a certified nursing assistant employed in that person's capacity as a certified nursing assistant. [PL 2015, c. 196, §1 (NEW); PL 2015, c. 299, §1 (NEW).] B. "Hires and employs" means recruits, selects, trains, declares competent, schedules, directs, defines the scope of the positions of, supervises or terminates individuals who provide personal care. [PL 1997, c. 716, §1 (NEW).] B-1. "Home care services" means assistance with activities of daily living and related tasks. [PL 2007, c. 324, §2 (NEW).] C. "Personal care agency" means a business entity or subsidiary of a business entity that is licensed by the department's division of licensing and certification and that hires and employs direct access personnel or individuals who work in direct contact with clients, patients or residents to provide home care services to individuals in the places in which they reside, either permanently or temporarily. An individual who hires and employs direct access personnel or individuals who work in direct contact with clients, patients or residents to provide care for that individual is not a personal care agency, except when permitted by rule of the department. "Personal care agency" does not include a home health care provider licensed under chapter 419 . [PL 2023, c. 309, §2 (AMD).] C-1. [PL 2023, c. 309, §3 (RP).] D. [PL 2015, c. 196, §3 (RP); PL 2015, c. 299, §3 (RP).] [PL 2023, c. 309, §§2, 3 (AMD).]

2. Registration of personal care agencies. [PL 2023, c. 309, §4 (AMD); MRSA T. 22 §1717, sub-§2 (RP).]

2-A. Licensing of personal care agencies. Beginning July 1, 2024, an entity may not provide home care services without a personal care agency license issued by the department in accordance with this section. All application fees for a license under this section are nonrefundable and are due upon submission of the application. A. [PL 2023, c. 309, §5 (NEW); MRSA T. 22 §1717, sub-§2-A, ¶A (RP).] B. [PL 2023, c. 309, §5 (NEW); MRSA T. 22 §1717, sub-§2-A, ¶B (RP).] [PL 2023, c. 309, §5 (NEW).]

2-B. Licensing standards for personal care agencies. The department shall adopt rules to establish standards and fees for the licensing of personal care agencies. The licensing standards must include, but are not limited to: A. General licensing requirements; [PL 2023, c. 309, §6 (NEW).] B. Quality measures; [PL 2023, c. 309, §6 (NEW).] C. Personnel qualifications; [PL 2023, c. 309, §6 (NEW).] D. Mandatory and minimum training requirements; [PL 2023, c. 309, §6 (NEW).] E. Home care services; [PL 2023, c. 309, §6 (NEW).] F. Services provided and coordination of services; [PL 2023, c. 309, §6 (NEW).] G. Supervision and organizational structure, including lines of authority; [PL 2023, c. 309, §6 (NEW).] H. Record-keeping and confidentiality practices; [PL 2023, c. 309, §6 (NEW).] I. Business records requirements; [PL 2023, c. 309, §6 (NEW).] J. Licensing fees that are no less than $200 and no more than $2,000; and [PL 2023, c. 309, §6 (NEW).] K. Other aspects of services provided by a personal care agency that may be necessary to protect the public. [PL 2023, c. 309, §6 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [PL 2023, c. 309, §6 (NEW).]

2-C. Types of licenses; terms. Pursuant to subsection 2‑A , the department may issue licenses to personal care agencies in accordance with this subsection. The department may issue: A. A provisional license for an applicant that: (1) Has not previously operated as a personal care agency; (2) Complies with all applicable laws and rules, except those that can only be complied with once clients, patients or residents are served by the applicant; and (3) Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term. A provisional license may be issued for a period of time of at least 3 months and not more than 12 months; [PL 2023, c. 309, §7 (NEW).] B. A full license for an applicant that has operated a personal care agency or for an applicant renewing a license that complies with all applicable laws and rules. A full license may be issued for a period of time not more than 24 months; and [PL 2023, c. 309, §7 (NEW).] C. A conditional license for a personal care agency with a provisional or a full license that fails to comply with applicable laws and rules when, in the judgment of the commissioner, issuing a conditional license is in the best interest of the public. The conditional license must specify what corrections the personal care agency is required to make during the term of the conditional license and a timeline for those corrections. The conditional license may be issued for a period of time not more than 12 months or the remaining period of the personal care agency's full license, whichever the commissioner determines is appropriate considering the laws and rules violated. A conditional license may be issued to an agency upon initial application if the agency has failed to comply with applicable laws and rules while operating under another license. [PL 2025, c. 305, Pt. A, §1 (AMD).] [PL 2025, c. 305, Pt. A, §1 (AMD).]

2-D. Licenses not assignable or transferable. A personal care agency may not assign or transfer a license issued under subsection 2‑C . A license is immediately void if ownership or control of the personal care agency changes. [PL 2023, c. 309, §8 (NEW).]

2-E. Quality assurance and technical assistance for personal care agencies. This subsection governs quality assurance and technical assistance for personal care agencies. A. The department may conduct the following activities to ensure that quality home care services are provided by personal care agencies: (1) Issue notices of deficiency for a personal care agency's failure to comply with applicable federal or state laws, rules or regulations; (2) Require personal care agencies to submit acceptable plans of corrective action to remedy deficiencies identified under subparagraph (1); (3) Direct personal care agencies to comply with plans of corrective action issued under subparagraph (2); (4) Apply sanctions in accordance with subsection 13‑A, paragraph A , subparagraph (5); or (5) Condition, suspend, revoke or refuse to renew a personal care agency's license issued under subsection 2‑C on the basis of the agency's noncompliance with plans of corrective action. [PL 2023, c. 309, §9 (NEW).] B. [PL 2023, c. 309, §9 (NEW); MRSA T. 22 §1717, sub-§2-E, ¶B (RP).] The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 309, §9 (NEW).]

3. Prohibited employment based on disqualifying offenses. A personal care agency shall conduct a comprehensive background check for direct access personnel and immediate supervisors of direct access personnel 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, and immediate supervisors of direct access personnel. A. [PL 2015, c. 196, §5 (RP); PL 2015, c. 299, §5 (RP).] B. [PL 2015, c. 196, §5 (RP); PL 2015, c. 299, §5 (RP).] C. [PL 2015, c. 196, §5 (RP); PL 2015, c. 299, §5 (RP).] [PL 2023, c. 309, §10 (AMD).]

3-A. Verification of listing on the registry. Prior to hiring a certified nursing assistant, a direct care worker or an immediate supervisor of a certified nursing assistant or direct care worker, a personal care agency shall check the Maine Registry of Certified Nursing Assistants and Direct Care Workers established pursuant to section 1812‑G and verify that the certified nursing assistant, direct care worker or immediate supervisor of a certified nursing assistant or direct care worker listed on the registry has no disqualifying notations. The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 309, §11 (AMD).]

4. Penalties. The following penalties apply to violations of this section. A. [PL 2023, c. 309, §12 (AMD); MRSA T. 22 §1717, sub-§4, ¶A (RP).] A-1. An entity that operates a personal care agency without obtaining a license from the department as required by subsection 2‑A commits a civil violation for which a fine of not less than $500 per day of operation but not more than $10,000 may be adjudged. Each day of violation constitutes a separate offense. [PL 2023, c. 309, §12 (NEW).] B. An entity that operates a personal care agency in violation of the employment prohibitions in subsection 3 or 3‑A commits a civil violation for which a fine of not less than $500 per day of operation in violation but not more than $10,000 per day may be adjudged, beginning on the first day that a violation occurs. Each day of violation constitutes a separate offense. [PL 2023, c. 309, §12 (AMD).] [PL 2023, c. 309, §12 (AMD).]

5. Injunctive relief. Notwithstanding any other remedies provided by law, the Office of the Attorney General may seek an injunction to require compliance with the provisions of this section. [PL 2007, c. 324, §2 (NEW).]

6. Enforcement actions by the Office of the Attorney General. The Office of the Attorney General may file a complaint with the District Court seeking civil penalties or injunctive relief or both for violations of this section. [PL 2023, c. 309, §13 (AMD).]

7. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 for violations of this section. [PL 2007, c. 324, §2 (NEW).]

8. Burden of proof. The burden is on the department to prove, by a preponderance of the evidence, that the alleged violations of this section occurred. [PL 2007, c. 324, §2 (NEW).]

9. Right of entry. This subsection governs the department's right of entry. A. An application for licensure of a personal care agency constitutes permission for entry and inspection to verify compliance with applicable laws and rules. [PL 2023, c. 309, §14 (AMD).] B. The department has the right to enter and inspect the premises of a personal care agency licensed 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 2023, c. 309, §14 (AMD).] C. To inspect a personal care agency that the department knows or believes is being operated without being licensed, 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 2023, c. 309, §14 (AMD).] D. [PL 2023, c. 309, §14 (NEW); MRSA T. 22 §1717, sub-§9, ¶D (RP).] [PL 2023, c. 309, §14 (AMD).]

10. Administrative inspection warrant. This subsection governs administrative inspection warrants. A. The department and a duly designated officer or employee of the department have the right to enter upon and into the premises of an unlicensed personal care 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 section. 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 without being licensed. [PL 2023, c. 309, §15 (NEW).] B. [PL 2023, c. 309, §15 (NEW); MRSA T. 22 §1717, sub-§10, ¶B (RP).] [PL 2023, c. 309, §15 (RPR).]

11. Noninterference. This subsection prohibits interfering with department investigations. A. An owner or operator of an unlicensed personal care agency may not interfere with, impede or obstruct an investigation by the department, including but not limited to interviewing persons receiving home care services or persons with knowledge of the agency. [PL 2023, c. 309, §16 (NEW).] B. [PL 2023, c. 309, §16 (NEW); MRSA T. 22 §1717, sub-§11, ¶B (RP).] [PL 2023, c. 309, §16 (RPR).]

12. Violation of injunction. A person, firm, partnership, association, corporation or other entity that violates the terms of an injunction issued under this section 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 Office of the Attorney General against a person, firm, partnership, association, corporation or other entity for violating the terms of an injunction under this section, the District Court may make the necessary orders or judgments regarding violation of the terms of the injunction. In an action under this section, 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 Office of the Attorney General and the costs of suit, including attorney's fees. [PL 2007, c. 324, §2 (NEW).]

13. Suspension or revocation. This subsection governs suspension or revocation of licenses for personal care agencies. A. A personal care agency found to be in violation of this section may have its license to operate as a personal care agency suspended or revoked. The department may file a complaint with the District Court requesting suspension or revocation of a license to operate a personal care agency. [PL 2023, c. 309, §17 (NEW).] B. [PL 2023, c. 309, §17 (NEW); MRSA T. 22 §1717, sub-§13, ¶B (RP).] [PL 2023, c. 309, §17 (RPR).]

13-A. Enforcement actions by the department. This subsection governs the department's enforcement authority. A. If a personal care agency fails to comply with applicable laws and rules, the department may: (1) Refuse to issue or renew a license; (2) Issue a conditional license in accordance with subsection 2‑C ; (3) File a complaint with the District Court in accordance with Title 4, section 184 or the Maine Administrative Procedure Act to suspend or revoke a license pursuant to subsection 13 ; (4) Petition the Superior Court to appoint a receiver to operate the personal care agency in accordance with chapter 1666‑A ; and (5) Impose one or more of the following sanctions as necessary and appropriate to ensure compliance with applicable laws and rules or to protect an individual served by the personal care agency: (a) Direct a personal care agency to stop admissions or intake of new clients, patients or residents regardless of payment source, until the department determines that the personal care agency has taken corrective action; (b) Direct a personal care agency to correct any deficiencies in a manner and within a time frame that the department determines appropriate to ensure compliance with applicable laws and rules or to protect an individual served by a personal care agency; or (c) In addition to, or in lieu of, the penalties imposed pursuant to subsection 4 , impose a penalty upon a personal care agency for a violation of this section or rules adopted pursuant to this section. The department shall by rule establish a schedule of penalties according to the nature of the violation that are no less than $500 per day of operation but not more than $10,000 per day. Each day of a violation constitutes a separate offense. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 309, §18 (NEW).] B. [PL 2023, c. 309, §18 (NEW); MRSA T. 22 §1717, sub-§13-A, ¶B (RP).] The department shall engage in monitoring activities on at least a biennial basis to ensure that a personal care agency, regardless of its licensure status, is in compliance with applicable laws and rules. [PL 2023, c. 309, §18 (NEW).]

13-B. Appeals. This subsection governs appeals of certain department decisions. A. An entity aggrieved by the department's decisions on any of the following actions may request an administrative hearing as provided by the Maine Administrative Procedure Act: (1) Denial of or refusal to renew a full license; (2) Denial of a provisional license; (3) Issuance of a conditional license; (4) Amendment or modification of a license; or (5) Imposition of sanctions. [PL 2023, c. 309, §19 (NEW).] B. [PL 2023, c. 309, §19 (NEW); MRSA T. 22 §1717, sub-§13-B, ¶B (RP).] [PL 2023, c. 309, §19 (NEW).]

14. 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 2007, c. 324, §2 (NEW).]

15. Confidentiality of records. This subsection governs confidentiality. A. A department record that contains personally identifiable information or health information of clients, patients or residents created or obtained in connection with the department's licensing or quality assurance activities under this section is confidential. [PL 2023, c. 309, §20 (NEW).] B. [PL 2023, c. 309, §20 (NEW); MRSA T. 22 §1717, sub-§15, ¶B (RP).] [PL 2023, c. 309, §20 (NEW).]
22 M.R.S. § 4099-N — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-N
22 §4099-N. Entities subject to investigation
Status: in_force

Reported abuse or neglect that occurs in the following out-of-home entities is subject to investigation by the investigation team. [PL 2023, c. 248, §4 (NEW).]

1. Facility or person licensed by department; facility operated or funded by department. Out-of-home abuse or neglect is subject to investigation by the investigation team, including, but not limited to, abuse or neglect that occurs in the following: A. A child care facility licensed pursuant to section 8301‑A, subsection 2 ; [PL 2023, c. 248, §4 (NEW).] B. A family child care provider licensed pursuant to section 8301‑A, subsection 3 ; [PL 2023, c. 248, §4 (NEW).] C. A nursery school licensed pursuant to section 8402 ; [PL 2023, c. 248, §4 (NEW).] D. A children's residential care facility licensed pursuant to chapter 1669 ; [PL 2023, c. 248, §4 (NEW).] E. An emergency children's shelter licensed pursuant to chapter 1669 ; [PL 2023, c. 248, §4 (NEW).] F. A shelter for homeless children licensed pursuant to chapter 1669 ; [PL 2023, c. 248, §4 (NEW).] G. A transitional living program licensed pursuant to section 4099‑E, subsection 3 ; [PL 2023, c. 248, §4 (NEW).] H. A licensed family foster home as defined in section 8101, subsection 3 , including, but not limited to, the home of a resource family that provides foster care, kinship care or adoption or permanency guardianship services; [PL 2023, c. 248, §4 (NEW).] I. An unlicensed relative’s home approved by the department as meeting licensing standards; and [PL 2023, c. 248, §4 (NEW).] J. An unlicensed provider for children with cognitive impairments and functional limitations that is funded by the department pursuant to rules adopted by the department. [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]

2. Unlicensed person or facilities. The investigation team may investigate a person or facility described in subsection 1 if the person or facility is not licensed. [PL 2023, c. 248, §4 (NEW).]

3. School personnel. The investigation team may investigate an individual who is licensed or certified, who has applied for licensure or certification or who is subject to licensure or certification by the Department of Education and employed by a school organized under Title 20‑A, Part 2 . [PL 2025, c. 362, §2 (AMD).]
22 M.R.S. § 8614 — ME Code / Title 22 / Subtitle 6 / Chapter 1680 / Section 8614
22 §8614. Council budget; financing; executive director
Status: in_force

The council shall prepare and adopt a biennial budget for presentation to the Governor and the Legislature as a request for appropriations sufficient to carry out its statutory responsibilities. The council may accept contributions of any type from any source to assist it in carrying out its responsibilities and to make arrangements regarding the administration of these funds as may be required as a condition precedent to the receipt of these funds by the Federal Government or any other source. [PL 1991, c. 145 (AMD).]

The council may employ an executive director who shall be the principal administrative and executive employee of the council. The executive director may hire staff as necessary to carry out the responsibilities for the coordination of all affairs of the council including, but not limited to, the training and education of volunteers, health care professionals and the general public. The executive director is also responsible for advocacy on behalf of community hospices throughout the State. The executive director may obtain office space, goods and services as required to carry out these responsibilities. [PL 1989, c. 596, Pt. F, §2 (NEW).]
22 M.R.S. § 7265 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7265
22 §7265. Funding - Article 5
Status: in_force

1. Interstate commission responsible for funding compact. The interstate commission, through its member states, is responsible for providing for the payment of the reasonable expenses for establishing, organizing and administering the operations and activities of the compact. [PL 2011, c. 217, §1 (NEW).]

2. Interstate commission may collect dues from member states. The interstate commission may levy on and collect annual dues from each member state to cover the cost of operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual dues amount must be allocated in an equitable manner and may consist of a fixed fee component as well as a variable fee component based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states. Such a formula must take into account factors including but not limited to the total number of practitioners or licensees within a member state. Fees established by the interstate commission may be recalculated and assessed on an annual basis. [PL 2011, c. 217, §1 (NEW).]

3. Interstate commission may accept nonstate funding. Notwithstanding subsections 1 and 2 and any other provision of law, the interstate commission may accept nonstate funding, including grants, awards and contributions to offset, in whole or in part, the costs of the annual dues required under subsection 2 . [PL 2011, c. 217, §1 (NEW).]

4. Interstate commission may not incur obligations prior to securing funds. The interstate commission may not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission may not pledge the credit of any of the member states, except by and with the authority of the member states. [PL 2011, c. 217, §1 (NEW).]

5. Interstate commission to keep accurate accounts. The interstate commission shall keep accurate accounts of all receipts and disbursements subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission must be audited annually by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the interstate commission. [PL 2011, c. 217, §1 (NEW).]