22 M.R.S. § 1711-C — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-C
22 §1711-C. Confidentiality of health care information
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Authorized representative of an individual" or "authorized representative" means an individual's legal guardian; agent pursuant to Title 18‑C, section 5‑803 ; agent pursuant to Title 18‑C, Article 5, Part 9 ; or other authorized representative or, after death, that person's personal representative or a person identified in subsection 3‑B . For a minor who has not consented to health care treatment in accordance with the provisions of state law, "authorized representative" means the minor's parent, legal guardian or guardian ad litem. [PL 2017, c. 402, Pt. C, §44 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] A-1. "Authorization to disclose" means authorization to disclose health care information in accordance with subsection 3 , 3‑A or 3‑B . [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF).] A-2. "Aiding and assisting legally protected health care activity" has the same meaning as in Title 14, section 9002, subsection 1 . [PL 2023, c. 648, Pt. F, §1 (NEW).] B. "Disclosure" means the release, transfer of or provision of access to health care information in any manner obtained as a result of a professional health care relationship between the individual and the health care practitioner or facility to a person or entity other than the individual. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] B-1. "Gender-affirming health care services" has the same meaning as in Title 14, section 9002, subsection 4 . [PL 2023, c. 648, Pt. F, §2 (NEW).] C. "Health care" means preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, treatment, procedures or counseling, including appropriate assistance with disease or symptom management and maintenance, that affects an individual's physical, mental or behavioral condition, including individual cells or their components or genetic information, or the structure or function of the human body or any part of the human body. Health care includes prescribing, dispensing or furnishing to an individual drugs, biologicals, medical devices or health care equipment and supplies; providing hospice services to an individual; and the banking of blood, sperm, organs or any other tissue. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] D. "Health care facility" or "facility" means a facility, institution or entity licensed pursuant to this Title that offers health care to persons in this State, including a home health care provider, hospice program and a pharmacy licensed pursuant to Title 32 . For the purposes of this section, "health care facility" does not include a state mental health institute, the Elizabeth Levinson Center, the Aroostook Residential Center or Freeport Towne Square. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] E. "Health care information" means information that directly identifies the individual and that relates to an individual's physical, mental or behavioral condition, personal or family medical history or medical treatment or the health care provided to that individual. "Health care information" does not include information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals. The Board of Directors of the Maine Health Data Organization shall adopt rules to define health care information that directly identifies an individual. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . "Health care information" does not include information that is created or received by a member of the clergy or other person using spiritual means alone for healing as provided in Title 32, sections 2103 and 3270 . [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] F. "Health care practitioner" means a person licensed by this State to provide or otherwise lawfully providing health care or a partnership or corporation made up of those persons or an officer, employee, agent or contractor of that person acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to individuals. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] G. "Individual" means a natural person who is the subject of the health care information under consideration and, in the context of disclosure of health care information, includes the individual's authorized representative. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] G-1. "Legally protected health care activity" has the same meaning as in Title 14, section 9002, subsection 8 . [PL 2023, c. 648, Pt. F, §3 (NEW).] G-2. "Reproductive health care services" has the same meaning as in Title 14, section 9002, subsection 9 . [PL 2023, c. 648, Pt. F, §4 (NEW).] H. "Third party" or "3rd party" means a person other than the individual to whom the health care information relates. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] [PL 2023, c. 648, Pt. F, §§1-4 (AMD).]

2. Confidentiality of health information; disclosure. An individual's health care information is confidential and may not be disclosed other than to the individual by the health care practitioner or facility except as provided in subsection 3 , 3‑A , 3‑B , 6 or 11 . Nothing in this section prohibits a health care practitioner or health care facility from adhering to applicable ethical or professional standards provided that these standards do not decrease the protection of confidentiality granted by this section. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

3. Written authorization to disclose. A health care practitioner or facility may disclose health care information pursuant to a written authorization signed by an individual for the specific purpose stated in the authorization. A written authorization to disclose health care information must be retained with the individual's health care information. A written authorization to disclose is valid whether it is in an original, facsimile or electronic form. A written authorization to disclose must contain the following elements: A. The name and signature of the individual and the date of signature. If the authorization is in electronic form, a unique identifier of the individual and the date the individual authenticated the electronic authorization must be stated in place of the individual's signature and date of signature; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] B. The types of persons authorized to disclose health care information and the nature of the health care information to be disclosed; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] C. The identity or description of the 3rd party to whom the information is to be disclosed; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] D. The specific purpose or purposes of the disclosure and whether any subsequent disclosures may be made pursuant to the same authorization. An authorization to disclose health care information related to substance use disorder treatment or care subject to the requirements of 42 United States Code, Section 290dd‑2 (Supplement 1998) is governed by the provisions of that law; [PL 2017, c. 407, Pt. A, §72 (AMD).] E. The duration of the authorization; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] F. A statement that the individual may refuse authorization to disclose all or some health care information but that refusal may result in improper diagnosis or treatment, denial of coverage or a claim for health benefits or other insurance or other adverse consequences; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] G. A statement that the authorization may be revoked at any time by the individual by executing a written revocation, subject to the right of any person who acted in reliance on the authorization prior to receiving notice of revocation, instructions on how to revoke an authorization and a statement that revocation may be the basis for denial of health benefits or other insurance coverage or benefits; and [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] H. A statement that the individual is entitled to a copy of the authorization form. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] [PL 2017, c. 407, Pt. A, §72 (AMD).]

3-A. Oral authorization to disclose. When it is not practical to obtain written authorization under subsection 3 from an individual or person acting pursuant to subsection 3‑B or when a person chooses to give oral authorization to disclose, a health care practitioner or facility may disclose health care information pursuant to oral authorization. A health care practitioner or facility shall record with the individual's health care information receipt of oral authorization to disclose, including the name of the authorizing person, the date, the information and purposes for which disclosure is authorized and the identity or description of the 3rd party to whom the information is to be disclosed. [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

3-B. Authorization to disclose provided by a 3rd party. When an individual or an authorized representative is unable to provide authorization to disclose under subsection 3 or 3‑A , a health care practitioner or facility may disclose health care information pursuant to authorization to disclose that meets the requirements of subsection 3 or 3‑A given by a 3rd party listed in this subsection. A health care practitioner or facility may determine not to obtain authorization from a person listed in this subsection when the practitioner or facility determines it would not be in the best interest of the individual to do so. In making this decision, the health care practitioner or facility shall respect the safety of the individual and shall consider any indicators, suspicion or substantiation of abuse. Persons who may authorize disclosure under this subsection include: A. The spouse of the individual; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] B. A parent of the individual; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] C. An adult who is a child, grandchild or sibling of the individual; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] D. An adult who is a sibling of the individual's parent or that sibling's spouse or a child of a sibling of the individual or a child of a sibling of the individual's spouse, related by blood or adoption; [RR 2021, c. 2, Pt. B, §106 (COR).] E. An adult related to the individual, by blood or adoption, who is familiar with the individual's personal values; and [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] F. An adult who has exhibited special concern for the individual and who is familiar with the individual's personal values. [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] [RR 2021, c. 2, Pt. B, §106 (COR).]

4. Duration of authorization to disclose. An authorization to disclose may not extend longer than 30 months, except that the duration of an authorization for the purposes of insurance coverage under Title 24 , 24‑A or 39‑A is governed by the provisions of Title 24 , 24‑A or 39‑A , respectively. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

5. Revocation of authorization to disclose. A person who may authorize disclosure may revoke authorization to disclose at any time, subject to the rights of any person who acted in reliance on the authorization prior to receiving notice of revocation. A written revocation of authorization must be signed and dated. If the revocation is in electronic form, a unique identifier of the individual and the date the individual authenticated the electronic authorization must be stated in place of the individual's signature and date of signature. A health care practitioner or facility shall record receipt of oral revocation of authorization, including the name of the person revoking authorization and the date. A revocation of authorization must be retained with the authorization and the individual's health care information. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

6. Disclosure without authorization to disclose. A health care practitioner or facility may disclose, or when required by law must disclose, health care information without authorization to disclose under the circumstances stated in this subsection or as provided in subsection 11 . Disclosure may be made without authorization as follows: A. To another health care practitioner or facility for diagnosis, treatment or care of individuals or to complete the responsibilities of a health care practitioner or facility that provided diagnosis, treatment or care of individuals, as provided in this paragraph. (1) For a disclosure within the office, practice or organizational affiliate of the health care practitioner or facility, no authorization is required. (2) For a disclosure outside of the office, practice or organizational affiliate of the health care practitioner or facility, authorization is not required, except that in nonemergency circumstances authorization is required for health care information derived from mental health services provided by: (a) A clinical nurse specialist licensed under the provisions of Title 32, chapter 31 ; (b) A psychologist licensed under the provisions of Title 32, chapter 56 ; (c) A social worker licensed under the provisions of Title 32, chapter 83 ; (d) A counseling professional licensed under the provisions of Title 32, chapter 119 ; or (e) A physician specializing in psychiatry licensed under the provisions of Title 32, chapter 36 or 48 . This subparagraph does not prohibit the disclosure of health care information between a licensed pharmacist and a health care practitioner or facility providing mental health services for the purpose of dispensing medication to an individual. This subparagraph does not prohibit the disclosure without authorization of health care information covered under this section to a state-designated statewide health information exchange that satisfies the requirement in subsection 18, paragraph C of providing a general opt-out provision to an individual at all times and that provides and maintains an individual protection mechanism by which an individual may choose to opt in to allow the state-designated statewide health information exchange to disclose that individual's health care information covered under Title 34‑B, section 1207 . This subparagraph does not prohibit the disclosure without authorization of health care information covered under this paragraph to a health care practitioner or health care facility, or to a payor or person engaged in payment for health care, for purposes of care management or coordination of care. Disclosure of psychotherapy notes is governed by 45 Code of Federal Regulations, Section 164.508(a)(2). A person who has made a disclosure under this subparagraph shall make a reasonable effort to notify the individual or the authorized representative of the individual of the disclosure; [PL 2013, c. 326, §1 (AMD).] B. To an agent, employee, independent contractor or successor in interest of the health care practitioner or facility including a state-designated statewide health information exchange that makes health care information available electronically to health care practitioners and facilities or to a member of a quality assurance, utilization review or peer review team to the extent necessary to carry out the usual and customary activities relating to the delivery of health care and for the practitioner's or facility's lawful purposes in diagnosing, treating or caring for individuals, including billing and collection, risk management, quality assurance, utilization review and peer review. Disclosure for a purpose listed in this paragraph is not a disclosure for the purpose of marketing or sales; [PL 2011, c. 347, §7 (AMD).] C. To a family or household member unless expressly prohibited by the individual or a person acting pursuant to subsection 3‑B ; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] D. To appropriate persons when a health care practitioner or facility that is providing or has provided diagnosis, treatment or care to the individual in good faith believes that disclosure is made to avert a serious threat to health or safety and meets the conditions, as applicable, described in 45 Code of Federal Regulations, Section 164.512(j) (2012). A disclosure pursuant to this paragraph must protect the confidentiality of the health care information consistent with sound professional judgment; [PL 2013, c. 289, §1 (AMD).] E. To federal, state or local governmental entities in order to protect the public health and welfare when reporting is required or authorized by law, to report a suspected crime against the health care practitioner or facility or to report information that the health care facility's officials or health care practitioner in good faith believes constitutes evidence of criminal conduct that occurred on the premises of the health care facility or health care practitioner; [PL 2011, c. 572, §1 (AMD).] E-1. To federal, state or local governmental entities if the health care practitioner or facility that is providing diagnosis, treatment or care to an individual has determined in the exercise of sound professional judgment that the following requirements, as applicable, are satisfied: (1) With regard to a disclosure for public health activities, for law enforcement purposes or that pertains to victims of abuse, neglect or domestic violence, the provisions of 45 Code of Federal Regulations, Section 164.512(b), (c) or (f) (2012) must be met; and (2) With regard to a disclosure that pertains to a victim of domestic violence or a victim of sexual assault, the provisions of 45 Code of Federal Regulations, Section 164.512(c)(1)(iii)(A) (2012) and Section 164.512(c)(1)(iii)(B) (2012) must be met. [PL 2013, c. 289, §2 (NEW).] E-2. To federal, state or local governmental entities if the health care practitioner or facility that is providing diagnosis, treatment or care to an individual has determined in the exercise of sound professional judgment that the disclosure is required by section 1727 ; [RR 2015, c. 1, §17 (COR).] F. [PL 1999, c. 512, Pt. A, §5 (RP); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] F-1. As directed by order of a court or as authorized or required by statute; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] F-2. To a governmental entity pursuant to a lawful subpoena requesting health care information to which the governmental entity is entitled according to statute or rules of court; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] F-3. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12) To the Maine Health Data Organization as required by and for use in accordance with chapter 1683 . Health care information, including protected health information, as defined in 45 Code of Federal Regulations, Section 160.103 (2013), submitted to the Maine Health Data Organization must be protected by means of encryption; [PL 2013, c. 528, §1 (NEW); PL 2013, c. 528, §12 (AFF).] G. To a person when necessary to conduct scientific research approved by an institutional review board or by the board of a nonprofit health research organization or when necessary for a clinical trial sponsored, authorized or regulated by the federal Food and Drug Administration. A person conducting research or a clinical trial may not identify any individual patient in any report arising from the research or clinical trial. For the purposes of this paragraph, "institutional review board" means any board, committee or other group formally designated by a health care facility and authorized under federal law to review, approve or conduct periodic review of research programs. Health care information disclosed pursuant to this paragraph that identifies an individual must be returned to the health care practitioner or facility from which it was obtained or must be destroyed when it is no longer required for the research or clinical trial. Disclosure for a purpose listed in this paragraph is not a disclosure for the purpose of marketing or sales; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] H. To a person engaged in the assessment, evaluation or investigation of the provision of or payment for health care or the practices of a health care practitioner or facility or to an agent, employee or contractor of such a person, pursuant to statutory or professional standards or requirements. Disclosure for a purpose listed in this paragraph is not a disclosure for the purpose of marketing or sales; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] I. To a person engaged in the regulation, accreditation, licensure or certification of a health care practitioner or facility or to an agent, employee or contractor of such a person, pursuant to standards or requirements for regulation, accreditation, licensure or certification; [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] J. To a person engaged in the review of the provision of health care by a health care practitioner or facility or payment for such health care under Title 24 , 24‑A or 39‑A or under a public program for the payment of health care or professional liability insurance for a health care practitioner or facility or to an agent, employee or contractor of such a person; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] K. To attorneys for the health care practitioner or facility that is disclosing the health care information or to a person as required in the context of legal proceedings or in disclosure to a court or governmental entity, as determined by the practitioner or facility to be required for the practitioner's or facility's own legal representation; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] L. To a person outside the office of the health care practitioner or facility engaged in payment activities, including but not limited to submission to payors for the purposes of billing, payment, claims management, medical data processing, determination of coverage or adjudication of health benefit or subrogation claims, review of health care services with respect to coverage or justification of charges or other administrative services. Payment activities also include but are not limited to: (1) Activities necessary to determine responsibility for coverage; (2) Activities undertaken to obtain payment for health care provided to an individual; and (3) Quality assessment and utilization review activities, including precertification and preauthorization of services and operations or services audits relating to diagnosis, treatment or care rendered to individuals by the health care practitioner or facility and covered by a health plan or other payor; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] M. To schools, educational institutions, youth camps licensed under section 2495 , correctional facilities, health care practitioners and facilities, providers of emergency services or a branch of federal or state military forces, information regarding immunization of an individual; [PL 2009, c. 211, Pt. B, §17 (AMD).] N. To a person when disclosure is needed to set or confirm the date and time of an appointment or test or to make arrangements for the individual to receive those services; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] O. To a person when disclosure is needed to obtain or convey information about prescription medication or supplies or to provide medication or supplies under a prescription; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] P. To a person representing emergency services, health care and relief agencies, corrections facilities or a branch of federal or state military forces, of brief confirmation of general health status; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] Q. To a member of the clergy, of information about the presence of an individual in a health care facility, including the person's room number, place of residence and religious affiliation unless expressly prohibited by the individual or a person acting pursuant to subsection 3‑B ; [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] R. To a member of the media who asks a health care facility about an individual by name, of brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3‑B ; [PL 2015, c. 370, §4 (AMD).] S. To a member of the public who asks a health care facility about an individual by name, of the room number of the individual and brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3‑B ; [PL 2017, c. 203, §2 (AMD).] T. To a lay caregiver designated by an individual pursuant to section 1711‑G ; [PL 2021, c. 398, Pt. MMMM, §3 (AMD).] U. To a panel coordinator of the maternal, fetal and infant mortality review panel pursuant to section 261, subsection 4, paragraph B‑1 for the purposes of reviewing health care information of a deceased person and a mother of a child who died within one year of birth, including fetal deaths after 28 weeks of gestation. For purposes of this paragraph, "panel coordinator" has the same meaning as in section 261, subsection 1, paragraph E and "deceased person" has the same meaning as in section 261, subsection 1, paragraph B ; [PL 2025, c. 332, §1 (AMD).] V. To a panel coordinator of the Aging and Disability Mortality Review Panel pursuant to section 264, subsection 5, paragraph B , subparagraph (4) for the purposes of reviewing health care information of an adult receiving services who is deceased, in accordance with section 264, subsection 5, paragraph A . For purposes of this paragraph, "panel coordinator" has the same meaning as in section 264, subsection 2, paragraph B ; and [PL 2025, c. 332, §2 (AMD).] W. To the medical director of the Office of Child and Family Services or a child and adolescent psychiatric consultant or nurse consultant employed by the Office of Child and Family Services, or to case aide staff when acting under the direction of the medical director or a child and adolescent psychiatric consultant or nurse consultant employed by the Office of Child and Family Services, for the exclusive purpose of coordinating health care of an individual who has not attained 18 years of age and is in the department's custody pursuant to chapter 1071 . The department shall request records directly from the individual's providers. Disclosure under this paragraph may include allowing access to health information from a state-designated statewide health information exchange. Information accessed through a state-designated statewide health information exchange may be used only for understanding and providing continuity of treatment with regard to any current health conditions, medications and immediate medical needs of the individual. [PL 2025, c. 332, §3 (NEW).] [PL 2025, c. 332, §§1-3 (AMD).]

7. Confidentiality policies. A health care practitioner, facility or state-designated statewide health information exchange shall develop and implement policies, standards and procedures to protect the confidentiality, security and integrity of health care information to ensure that information is not negligently, inappropriately or unlawfully disclosed. The policies of health care facilities must provide that an individual being admitted for inpatient care be given notice of the right of the individual to control the disclosure of health care information. The policies must provide that routine admission forms include clear written notice of the individual's ability to direct that that individual's name be removed from the directory listing of persons cared for at the facility and notice that removal may result in the inability of the facility to direct visitors and telephone calls to the individual. [PL 2011, c. 373, §1 (AMD).]

8. Prohibited disclosure. Disclosure of health care information is prohibited as follows. A. A health care practitioner, facility or state-designated statewide health information exchange may not disclose health care information for the purpose of marketing or sales without written or oral authorization for the disclosure. [PL 2023, c. 648, Pt. F, §5 (NEW).] B. Notwithstanding any provision of this section to the contrary and except as provided in paragraph C , a health care practitioner, facility or state-designated statewide health information exchange may not disclose any of the following in a civil or administrative action or proceeding or in response to a subpoena issued in a civil or administrative action or proceeding unless authorized in writing by the individual or the individual's authorized representative or pursuant to a court order issued by a court of competent jurisdiction in this State upon a showing of good cause, as long as the court order limits the use and disclosure of records and includes sanctions for misuse of records or sets forth other methods to ensure confidentiality: (1) Any communication about reproductive health care services or gender-affirming health care services made to the health care practitioner, facility or state-designated statewide health information exchange from the individual or anyone acting on behalf of the individual, including an authorized representative of the individual; and (2) Any information obtained through a personal examination of an individual relating to reproductive health care services or gender-affirming health care services. [PL 2023, c. 648, Pt. F, §5 (NEW).] C. Paragraph B does not apply if: (1) The communication or information to be disclosed relates to an individual who is a plaintiff in a medical malpractice action and the health care practitioner, facility or state-designated statewide health information exchange from which the communication or information is requested is a defendant in the medical malpractice action; (2) The communication or information to be disclosed is requested by a professional licensing board that licenses health care practitioners in this State and the request relates to and is made in connection with a complaint investigation. This subparagraph does not apply if the complaint is based solely on an allegation that a licensee of the board provided reproductive health care services or gender-affirming health care services that are legally protected health care activity or aiding and assisting legally protected health care activity within the licensee's scope of practice; or (3) The communication or information to be disclosed is requested by the United States Department of Justice, a law enforcement agency of this State or a political subdivision of this State or any other federal agency or agency of this State that pursuant to statute is responsible for investigating abuse, neglect or exploitation and the request is made in connection with an investigation of abuse, neglect or exploitation of a child pursuant to the Child and Family Services and Child Protection Act or of an incapacitated or dependent adult pursuant to the Adult Protective Services Act. [PL 2023, c. 648, Pt. F, §5 (NEW).] D. This subsection may not be construed to impede the lawful disclosure of information to another health care practitioner or facility for diagnosis, treatment or care of individuals or to complete the responsibilities of a health care practitioner or facility that provides diagnosis, treatment or care of individuals or to impede the lawful disclosure of information to an insurer or payor related to the treatment provided by a health care practitioner or facility or to the payment or operations of a health care practitioner or facility. [PL 2023, c. 648, Pt. F, §5 (NEW).] [PL 2023, c. 648, Pt. F, §5 (RPR).]

9. Disclosures of corrections or clarifications to health care information. A health care practitioner or facility shall provide to a 3rd party a copy of an addition submitted by an individual to the individual's health care information if: A. The health care practitioner or facility provided a copy of the original health care record to the 3rd party on or after February 1, 2000; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] B. The correction or clarification was submitted by the individual pursuant to section 1711 or 1711‑B and relates to diagnosis, treatment or care; [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] C. The individual requests that a copy be sent to the 3rd party and provides an authorization that meets the requirements of subsection 3 , 3‑A or 3‑B ; and [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] D. If requested by the health care practitioner or facility, the individual pays to the health care practitioner or facility all reasonable costs requested by that practitioner or facility. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

10. Requirements for disclosures. Except as otherwise provided by law, disclosures of health care information pursuant to this section are subject to the professional judgment of the health care practitioner and to the following requirements. A. A health care practitioner or facility that discloses health care information pursuant to subsection 3 , 3‑A or 3‑B may not disclose information in excess of the information requested in the authorization. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] B. A health care practitioner or facility that discloses health care information pursuant to subsections 3 , 3‑A , 3‑B or 6 may not disclose information in excess of the information reasonably required for the purpose for which it is disclosed. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] C. If a health care practitioner or facility believes that release of health care information to the individual would be detrimental to the health of the individual, the health care practitioner or facility shall advise the individual and make copies of the records available to the individual's authorized representative upon receipt of a written authorization. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] D. If a health care practitioner or facility discloses partial or incomplete health care information, as compared to the request or directive to disclose under subsection 3 , 3‑A , 3‑B or 6 , the disclosure must expressly indicate that the information disclosed is partial or incomplete. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

11. Health care information subject to other laws, rules and regulations. Health care information that is subject to the provisions of 42 United States Code, Section 290dd‑2 (Supplement 1998); chapters 710‑B and 711 ; Title 5, section 200‑E ; Title 5, chapter 501 ; Title 24 or 24‑A ; Title 34‑B, section 1207 ; Title 39‑A ; or other provisions of state or federal law, rule or regulation is governed solely by those provisions. [PL 2009, c. 387, §2 (AMD).]

12. Minors. If a minor has consented to health care in accordance with the laws of this State, authorization to disclose health care information pursuant to this section must be given by the minor unless otherwise provided by law. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).]

13. Enforcement. This section may be enforced within 2 years of the date a disclosure in violation of this section was or should reasonably have been discovered. A. When the Attorney General has reason to believe that a person has intentionally violated a provision of this section, the Attorney General may bring an action to enjoin unlawful disclosure of health care information. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).] B. An individual who is aggrieved by conduct in violation of this section may bring a civil action against a person who has intentionally unlawfully disclosed health care information in the Superior Court in the county in which the individual resides or the disclosure occurred. The action may seek to enjoin unlawful disclosure and may seek costs and a forfeiture or penalty under paragraph C . An applicant for injunctive relief under this paragraph may not be required to give security as a condition of the issuance of the injunction. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] C. A person who intentionally violates this section is subject to a civil penalty not to exceed $5,000, payable to the State, plus costs. If a court finds that intentional violations of this section have occurred after due notice of the violating conduct with sufficient frequency to constitute a general business practice, the person is subject to a civil penalty not to exceed $10,000 for health care practitioners and $50,000 for health care facilities, payable to the State. A civil penalty under this subsection is recoverable in a civil action. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] D. Nothing in this section may be construed to prohibit a person aggrieved by conduct in violation of this section from pursuing all available common law remedies, including but not limited to an action based on negligence. [PL 1999, c. 512, Pt. A, §5 (NEW); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).] [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

14. Waiver prohibited. Any agreement to waive the provisions of this section is against public policy and void. [PL 1997, c. 793, Pt. A, §8 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).]

15. Immunity. A cause of action in the nature of defamation, invasion of privacy or negligence does not arise against any person for disclosing health care information in accordance with this section. This section provides no immunity for disclosing information with malice or willful intent to injure any person. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

16. Application. This section applies to all requests, directives and authorizations to disclose health care information executed on or after February 1, 2000. An authorization to disclose health care information executed prior to February 1, 2000 that does not meet the standards of this section is deemed to comply with the requirements of this section until the next health care encounter between the individual and the health care practitioner or facility. [PL 1999, c. 512, Pt. A, §5 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

17. Repeal. [PL 2001, c. 346, §1 (RP).]

18. Participation in a state-designated statewide health information exchange. The following provisions apply to participation in a state-designated statewide health information exchange. A. A health care practitioner may not deny a patient health care treatment and a health insurer may not deny a patient a health insurance benefit based solely on the provider's or patient's decision not to participate in a state-designated statewide health information exchange. Except when otherwise required by federal law, a payor of health care benefits may not require participation in a state-designated statewide health information exchange as a condition of participating in the payor's provider network. [PL 2011, c. 691, Pt. A, §20 (RPR).] B. Recovery for professional negligence is not allowed against any health care practitioner or health care facility on the grounds of a health care practitioner's or a health care facility's nonparticipation in a state-designated statewide health information exchange arising out of or in connection with the provision of or failure to provide health care services. In any civil action for professional negligence or in any proceeding related to such a civil action or in any arbitration, proof of a health care practitioner's, a health care facility's or a patient's participation or nonparticipation in a state-designated statewide health information exchange is inadmissible as evidence of liability or nonliability arising out of or in connection with the provision of or failure to provide health care services. This paragraph does not prohibit recovery or the admission of evidence of reliance on information in a state-designated statewide electronic health information exchange when there was participation by both the patient and the patient's health care practitioner. [PL 2011, c. 691, Pt. A, §20 (RPR).] C. A state-designated statewide health information exchange to which health care information is disclosed under this section shall provide an individual protection mechanism by which an individual may opt out from participation to prohibit the state-designated statewide health information exchange from disclosing the individual's health care information to a health care practitioner or health care facility. [PL 2011, c. 691, Pt. A, §20 (RPR).] D. At point of initial contact, a health care practitioner, health care facility or other entity participating in a state-designated statewide health information exchange shall provide to each patient, on a separate form, at minimum: (1) Information about the state-designated statewide health information exchange, including a description of benefits and risks of participation in the state-designated statewide health information exchange; (2) A description of how and where to obtain more information about or contact the state-designated statewide health information exchange; (3) An opportunity for the patient to decline participation in the state-designated statewide health information exchange; and (4) A declaration that a health care practitioner, health care facility or other entity may not deny a patient health care treatment based solely on the provider's or patient's decision not to participate in a state-designated statewide health information exchange. The state-designated statewide health information exchange shall develop the form for use under this paragraph, with input from consumers and providers. The form must be approved by the office of the state coordinator for health information technology within the Governor's office of health policy and finance. [PL 2011, c. 691, Pt. A, §20 (RPR).] E. A health care practitioner, health care facility or other entity participating in a state-designated statewide health information exchange shall communicate to the exchange the decision of each patient who has declined participation and shall do so within a reasonable time frame, but not more than 2 business days following the receipt of a signed form, as described in paragraph D , from the patient, or shall establish a mechanism by which the patient may decline participation in the state-designated statewide health information exchange at no cost to the patient. [PL 2011, c. 691, Pt. A, §20 (RPR).] F. A state-designated statewide health information exchange shall process the request of a patient who has decided not to participate in the state-designated statewide health information exchange within 2 business days of receiving the patient's decision to decline, unless additional time is needed to verify the identity of the patient. A signed authorization from the patient is required before a patient is newly entered or reentered into the system if the patient chooses to begin participation at a later date. Except as otherwise required by applicable law, regulation or rule or state or federal contract, or when the state-designated statewide health information exchange is acting as the agent of a health care practitioner, health care facility or other entity, the state-designated statewide health information exchange shall remove health information of individuals who have declined participation in the exchange. In no event may health information retained in the state-designated statewide health information exchange as set forth in this paragraph be made available to health care practitioners, health care facilities or other entities except as otherwise required by applicable law, regulation or rule or state or federal contract, or when the health care practitioner, health care facility or other entity is the originator of the information. [PL 2011, c. 691, Pt. A, §20 (RPR).] G. A state-designated statewide health information exchange shall establish a secure website accessible to patients. This website must: (1) Permit a patient to request a report of who has accessed that patient's records and when the access occurred. This report must be delivered to the patient within 2 business days upon verification of the patient's identity by the state-designated statewide health information exchange; (2) Provide a mechanism for a patient to decline participation in the state-designated statewide health information exchange; and (3) Provide a mechanism for the patient to consent to participation in the state-designated statewide health information exchange if the patient had previously declined participation. [PL 2011, c. 691, Pt. A, §20 (RPR).] H. A state-designated statewide health information exchange shall establish for patients an alternate procedure to that provided for in paragraph F that does not require Internet access. A health care practitioner, health care facility or other entity participating in the state-designated statewide health information exchange shall provide information about this alternate procedure to all patients. The information must be included on the form identified in paragraph D . [PL 2011, c. 691, Pt. A, §20 (RPR).] I. A state-designated statewide health information exchange shall maintain records regarding all disclosures of health care information by and through the state-designated statewide health information exchange, including the requesting party and the dates and times of the requests and disclosures. [PL 2011, c. 691, Pt. A, §20 (RPR).] J. A state-designated statewide health information exchange may not charge a patient or an authorized representative of a patient any fee for access or communication as provided in this subsection. [PL 2011, c. 691, Pt. A, §20 (RPR).] K. Notwithstanding any provision of this subsection to the contrary, a health care practitioner, health care facility or other entity shall provide the form and communication required by paragraphs D and F to all existing patients following the effective date of this subsection. [PL 2011, c. 691, Pt. A, §20 (RPR).] L. A state-designated statewide health information exchange shall meet or exceed all applicable federal laws and regulations pertaining to privacy, security and breach notification regarding personally identifiable protected health information, as defined in 45 Code of Federal Regulations, Part 160. If a breach occurs, the state-designated statewide health information exchange shall arrange with its participants for notification of each individual whose protected health information has been, or is reasonably believed by the exchange to have been, breached. For purposes of this paragraph, "breach" has the same meaning as in 45 Code of Federal Regulations, Part 164, as amended. [PL 2011, c. 691, Pt. A, §20 (RPR).] M. The state-designated statewide health information exchange shall develop a quality management plan, including auditing mechanisms, in consultation with the office of the state coordinator for health information technology within the department, who shall review the plan and results. [PL 2011, c. 691, Pt. A, §20 (RPR).] [PL 2011, c. 691, Pt. A, §20 (RPR).]

20. Exemption from freedom of access laws. Except as provided in this section, the names and other identifying information of individuals in a state-designated statewide health information exchange are confidential and are exempt from the provisions of Title 1, chapter 13 . [PL 2011, c. 373, §4 (NEW).]
22 M.R.S. § 2149-A — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2149-A
22 §2149-A. Policies and procedures; employment
Status: in_force

The requirements of this section apply to home health care providers required to be licensed under this chapter. [PL 2003, c. 634, §4 (NEW).]

1. Policies and procedures. A home health care provider shall develop and implement written policies and procedures that prohibit abuse, neglect or misappropriation of a client's property. [PL 2003, c. 634, §4 (NEW).]

2. Prohibited employment based on disqualifying offenses. A home health care provider shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2 , in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker. A. [PL 2015, c. 494, Pt. A, §20 (RP).] B. [PL 2015, c. 494, Pt. A, §20 (RP).] C. [PL 2015, c. 494, Pt. A, §20 (RP).] 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 2015, c. 494, Pt. A, §20 (RPR).]
22 M.R.S. § 8001 — ME Code / Title 22 / Subtitle 6 / Chapter 1667 / Section 8001
22 §8001. Definition of drug treatment center
Status: in_force

The term "drug treatment center," as used in this subtitle, shall mean a residential facility, not licensed as a medical care facility under chapter 405 , for the care, treatment or rehabilitation of drug users, including alcohol users. [PL 1975, c. 719, §6 (NEW).]
22 M.R.S. § 7931 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7931
22 §7931. Policy
Status: in_force

It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of residents in long-term care facilities, clients of home health care providers and personal care agencies, general and specialty hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies and end-stage renal disease units. It is the intent of the Legislature that receivership be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. [PL 2023, c. 309, §35 (AMD).]
22 M.R.S. § 4099-G — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-G
22 §4099-G. Rules
Status: in_force

The department shall adopt rules as may be necessary for the effective administration of the comprehensive program under section 4099‑E . Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 155, §2 (NEW).]
22 M.R.S. § 3815 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3815
22 §3815. Exempt property
Status: in_force

An obligor's weekly income equal to 30 times the federal minimum wage as prescribed by the United States Code, Title 29, Section 206(a)(1), is exempt from collection by income withholding. Property otherwise exempt from trustee process, attachment and execution is exempt from collection by lien and foreclosure. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 761 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 761
22 §761. Compact administrator for Maine
Status: in_force

The compact administrator for this State, as required by Article VI of the compact, shall be the Commissioner of Health and Human Services. [PL 1967, c. 226 (NEW); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 2601 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2601
22 §2601. 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. 751, §4 (NEW).]

1. Contaminant. "Contaminant" means any physical, chemical, biological or radiological substance or matter in water. [PL 1975, c. 751, §4 (NEW).]

1-A. Administrative compliance order. "Administrative compliance order" means an administrative order that is issued by the commissioner against a public water system in violation of state drinking water laws, regulations or rules. [PL 1993, c. 678, §1 (NEW).]

1-B. Administrative consent order. "Administrative consent order" means an order issued by the commissioner pursuant to a bilateral agreement between the commissioner and a public water system in violation of state drinking water laws, regulations or rules. [PL 1993, c. 678, §1 (NEW).]

1-C. Administrative penalty. "Administrative penalty" means a fine imposed by the commissioner against a public water system in violation of state drinking water laws, regulations or rules. [PL 1993, c. 678, §1 (NEW).]

1-D. Administrative remedy. "Administrative remedy" means an administrative compliance order, an administrative consent order or an administrative penalty. [PL 1993, c. 678, §1 (NEW).]

2. Feasible. "Feasible" means capable of being done within the current limitation of economics and technology, as determined by the commissioner. [PL 1975, c. 751, §4 (NEW).]

3. Maximum contaminant level. "Maximum contaminant level" means the maximum concentration of a contaminant allowed under the State Primary Drinking Water Regulations in water supplied for human consumption. [PL 1975, c. 751, §4 (NEW).]

4. National Drinking Water Regulations. "National Drinking Water Regulations" means the drinking water regulations promulgated by the Administrator of the U.S. Environmental Protection Agency under the authority of the Safe Drinking Water Act, P.L. 93-523. [PL 1975, c. 751, §4 (NEW).]

4-A. Notice of noncompliance. "Notice of noncompliance" means a formal written complaint or a notice of violation of state drinking water laws, regulations or rules. [PL 1993, c. 678, §1 (NEW).]

5. Operator. "Operator" means an individual either employed or retained by a public water system who, as part of the individual's job duties, is assigned the responsibilities for operational activities that will have a direct impact on the quality or quantity of water provided to consumers. [PL 1999, c. 688, §1 (AMD).]

6. Person. "Person" means any individual, partnership, company, public or private corporation, political subdivision or agency of the State, department, agency or instrumentality of the United States or any other legal entity. [PL 1975, c. 751, §4 (NEW).]

7. Political subdivision. "Political subdivision" means any municipality, county, district or any portion or combination of 2 or more thereof. [PL 1975, c. 751, §4 (NEW).]

8. Public water system. "Public water system" means any publicly or privately owned system of pipes or other constructed conveyances, structures and facilities through which water is obtained for or sold, furnished or distributed to the public for human consumption if such a system has at least 15 service connections, regularly serves an average of at least 25 individuals daily at least 60 days out of the year or bottles water for sale. Any publicly or privately owned system that only stores and distributes water without treating or collecting it; obtains all its water from, but is not owned or operated by, a public water system; and does not sell water or bottled water to any person is not a "public water system." The term "public water system" includes any collection, treatment, storage or distribution pipes or other constructed conveyances, structures or facilities under the control of the supplier of water and used primarily in connection with such a system, and any collection or pretreatment storage facilities not under that control that are used primarily in connection with such a system. The system does not include the portion of service pipe owned and maintained by a customer of the public water system. For purposes of this subsection, a connection to a system that delivers water by a constructed conveyance other than a pipe is not considered a connection if: A. The water is used exclusively for purposes other than residential uses. For the purposes of this subsection, the term "residential uses" includes drinking, bathing, cooking and other similar uses; and [PL 1997, c. 705, §1 (NEW).] B. The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable state primary drinking water regulation is provided for residential or similar uses; or [PL 1997, c. 705, §1 (NEW).] C. The commissioner determines that the water provided for residential or similar uses is centrally treated or treated at the point of entry by the provider, a pass-through entity or the user to achieve the equivalent level of protection provided by the applicable state primary drinking water regulation. [PL 1997, c. 705, §1 (NEW).] [PL 1997, c. 705, §1 (AMD).]

8-A. Roadside spring. "Roadside spring" means any spring, well or other water diverted by pipes for the use of the public to obtain water by using containers or other methods, including but not limited to water being diverted and collected by a landowner by tiles, pipes, catch basins, buildings or other appurtenances. [PL 1997, c. 45, §1 (NEW).]

9. Supplier of water. "Supplier of water" means any person who controls, owns or generally manages a public water system. [PL 1975, c. 751, §4 (NEW).]

9-A. Violation. "Violation" means noncompliance with state drinking water laws, regulations and rules regardless of whether that noncompliance is intentional, negligent or otherwise. [PL 1993, c. 678, §1 (NEW).]

10. Water treatment plant. "Water treatment plant" means that portion of the public water system which is designed to alter the physical, chemical, biological or radiological quality of the water or to remove any contaminants. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 1471-B — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-B
22 §1471-B. Board of Pesticides Control
Status: in_force

1. Board established. The Board of Pesticides Control is established by Title 5, section 12004‑D, subsection 3 , within the Department of Agriculture, Conservation and Forestry. Except as provided in this chapter, the board must be composed of 7 members, appointed by the Governor, subject to approval by the joint standing committee of the Legislature having jurisdiction over agricultural matters and confirmation by the Senate. To provide the knowledge and experience necessary for carrying out the duties of the board, the board must consist of the following members: one person with practical experience and knowledge regarding the agricultural use of chemicals; one person who has practical experience and knowledge regarding the use of chemicals in forest management; one person from the medical community; a scientist from the University of Maine System specializing in agronomy, entomology or plant pathology having practical experience and expertise in integrated pest management; one commercial applicator; and 2 persons appointed to represent the public. The 2 members appointed to represent the public must have a demonstrated interest in environmental protection. A member appointed to represent the public may not have a financial interest in activities regulated by the board and may not be an individual who has been or is licensed, certified or given a permit in this State or any other state for activities regulated by the board. The term must be for 4 years, except that of the initial appointees, 2 serve 4‑year terms, 2 serve 3-year terms, 2 serve 2-year terms and one serves a one-year term. Any vacancy must be filled by an appointment for the remainder of the unexpired term. [PL 2021, c. 179, §1 (AMD).]

2. Organization of the board. The board shall elect a chair and any other officers it determines necessary from among the membership. The board shall meet at the call of the chair or at the request of any 3 members. Four members constitute a quorum and, except as otherwise provided in this subsection, any action requires the affirmative vote of the greater of either a majority of those present and voting or at least 2 members. Any action by the board requesting that the Attorney General pursue a court action against an alleged violator of any law or rule requires an affirmative vote by 3 members or a majority of those present and voting, whichever is greater. The chair and any other officers shall serve in those capacities for a period of one year following their elections. [PL 1989, c. 841, §4 (AMD).]

3. Compensation of the board. Each public member shall be compensated according to the provisions of Title 5, chapter 379 . [PL 1983, c. 812, §120 (RPR).]

4. Director. The commissioner shall appoint a director, with the approval of the board. The director is the principal administrative, operational and executive employee of the board. The director shall attend and participate in all meetings of the board, but may not vote. The director, with the approval of the commissioner and the board, may hire any competent professional personnel and other staff the director considers necessary. All employees of the board are subject to Title 5, Part 2 . The director may obtain office space, goods and services as required. [RR 2021, c. 2, Pt. B, §88 (COR).]

5. Staff. The board must establish standards for the delegation of its authority to the director and staff. Any person aggrieved by a decision of the director and staff has a right to a review of the decision by the board. The Commissioner of Agriculture, Conservation and Forestry shall provide the board with administrative services of the department, including assistance in the preparation of the board's budget. The commissioner may require the board to reimburse the department for these services. [PL 1989, c. 841, §5 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

6. Registration of pesticides. [PL 1981, c. 112, §1 (RP).]

7. State contracts. Notwithstanding any other provisions of law, members of the board are eligible to contract with the State when the contracts are awarded in accordance with normal bidding procedures of the Department of Administrative and Financial Services. Members also are eligible to receive grants when grants are awarded in accordance with normal state procedures. A member may not vote on the award of a contract or grant for which that member has submitted a bid or proposal. [PL 2007, c. 466, Pt. A, §40 (RPR).]

8. Meetings. The board shall periodically meet in various geographic regions of the State. When considering an enforcement action, the board shall attempt to meet in the geographic region where the alleged violation occurred. [PL 1989, c. 841, §6 (NEW).]
22 M.R.S. § 5304 — ME Code / Title 22 / Subtitle 4 / Chapter 1471 / Section 5304
22 §5304. Definitions
Status: in_force

For purposes of this Part and Part 2 , unless the context otherwise indicates, the following words shall have the following meanings. [PL 1973, c. 793, §12 (NEW).]

1. Agreement. "Agreement" means a legally binding document between 2 parties including such document as is commonly referred to as purchase of services, contract, grant or accepted proposal. [PL 1973, c. 793, §12 (NEW).]

1-A. Adult developmental services. "Adult developmental services" has the same meaning as in Title 34‑B, section 1001, subsection 1‑A . [PL 2011, c. 542, Pt. A, §41 (NEW).]

2. Office. "Office" means the Office of Child and Family Services, Department of Health and Human Services. [PL 2013, c. 368, Pt. CCCC, §5 (AMD).]

3. Bureau of Elder and Adult Services. [PL 2011, c. 657, Pt. BB, §10 (RP).]

4. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or the commissioner's successors. [RR 2021, c. 2, Pt. B, §212 (COR).]

5. Committee. [PL 2023, c. 405, Pt. A, §68 (RP).]

6. Council. [PL 2023, c. 405, Pt. A, §69 (RP).]

7. Department. "Department" means the Maine Department of Health and Human Services. [PL 1973, c. 793, §12 (NEW); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

8. Director. "Director" means the director, Bureau of Resource Development, Maine Department of Health and Human Services. [PL 1973, c. 793, §12 (NEW); PL 1975, c. 293, §§4, 5 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

9. Director, Bureau of Elder and Adult Services. [PL 2011, c. 657, Pt. BB, §11 (RP).]

10. Elderly or Older People. "Elderly" or "Older People" are synonymous and mean persons 60 years of age or more, or those persons otherwise defined as elderly or older for the purpose of eligibility for assistance or services under specific federal or state laws and programs. [PL 1973, c. 793, §12 (NEW).]

11. Human services. "Human services" means any facilities, functions, programs or services administered or supported, financially or otherwise, by State Government, including, but not limited to, the following services, including services to older people funded by Title IV or Title VI, or their successors or amendments or additions thereto of the United States Social Security Act, as amended, and excepting all other services to older people: A. Children's, youth, family and social services; [PL 1973, c. 793, §12 (NEW).] B. Any service, health, medical care, rehabilitation or social welfare, administered or supported currently or in the future by the department; and [PL 1973, c. 793, §12 (NEW).] C. Any income maintenance, income supplement, public assistance, general assistance, welfare or donated food program or the Supplemental Nutrition Assistance Program. [PL 2023, c. 405, Pt. C, §15 (AMD).] [PL 2023, c. 405, Pt. C, §15 (AMD).]

12. Household. "Household" means household as defined for purposes of the state income tax. [PL 1973, c. 793, §12 (NEW).]

13. Household income. "Household income" means all income received by all persons of a household, as defined for income tax purposes, in a calendar year while members of the household. [PL 1973, c. 793, §12 (NEW).]

14. Income. "Income" means the sum of Maine adjusted gross income determined in accordance with Title 36, Part 8 , the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, the gross amount of any pension or annuity including railroad retirement benefits, all payments received under the Federal Social Security Act, state unemployment insurance laws and veterans' disability pensions, nontaxable interest received from the Federal Government or any of its instrumentalities, workers' compensation and the gross amount of "loss of time" insurance, cash public assistance and relief. It does not include gifts from nongovernmental sources or surplus foods or other relief in kind supplied by a governmental agency or property tax relief for the elderly. [PL 1987, c. 769, Pt. A, §79 (AMD).]

15. Nonprofit organization. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and which has a territory of operations that may extend to a neighborhood or community region of the State of Maine. [PL 1981, c. 470, Pt. A, §118 (AMD).]

16. Public. "Public" means municipal, county and other governmental bodies which are political subdivisions within the State of Maine. [PL 1973, c. 793, §12 (NEW).]

17. Social services. "Social services" means any facilities, functions, programs or services administered or supported financially or otherwise, by State Government including, but not limited to, the following social services, including services to older people funded by Title IV or Title VI, or their successors or amendments or additions thereto of the United States Social Security Act, as amended, and excepting all other service to older people: A. Any service listed in Part 2 of the March 1973 Report to the Appropriations Committee, pages 6 to 9, 106th Legislature, with recommendations to adopt basic policies to guide the appropriation of state funds for social services; [PL 1973, c. 793, §12 (NEW).] B. Any service designated as a priority social service pursuant to section 6110 ; [PL 1973, c. 793, §12 (NEW).] C. Any service commonly practiced under public or private auspices by registered social workers, professional social workers, human service workers and social workers. [PL 1973, c. 793, §12 (NEW).] [P&SL 1975, c. 90, §C/§5 (AMD).]

18. Rural area. "Rural area" means a geographical area or place of less than 10,000 inhabitants. "Rural population" consists of all persons living in places of less than 10,000 inhabitants incorporated as cities, villages, boroughs and towns, including those persons living in the rural portions of extended cities, unincorporated places of less than 10,000 inhabitants and other territory, incorporated or unincorporated. [P&SL 1975, c. 90, §C/§2 (NEW).]

19. Extended city. "Extended city" means a city containing one or more areas, each of at least 5 square miles in extent and with a population density of less than 100 persons per square mile according to the 1970 census. The area or areas shall constitute at least 25% of the land area of the legal city or total 5 square miles or more. [P&SL 1975, c. 90, §C/§2 (NEW).]
22 M.R.S. § 3174-YY — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-YY
22 §3174-YY. State educational Medicaid officer
Status: in_force

The commissioner shall designate an appropriate employee within the department as the state educational Medicaid officer to work in coordination with the Department of Education and school administrative units to maximize reimbursement for Medicaid services provided by school administrative units. [PL 2015, c. 359, §1 (NEW).]
22 M.R.S. § 327 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 327
22 §327. Declaration of findings and purposes
Status: in_force

The Legislature makes the following statements of findings and purposes. [PL 2001, c. 664, §2 (NEW).]

1. Findings. The Legislature finds that unnecessary construction or modification of health care facilities and duplication of health services are substantial factors in the cost of health care and the ability of the public to obtain necessary medical services. [PL 2001, c. 664, §2 (NEW).]

2. Purposes. The purposes of this chapter are to: A. Support effective health planning; [PL 2001, c. 664, §2 (NEW).] B. Support the provision of quality health care in a manner that ensures access to cost-effective services; [PL 2001, c. 664, §2 (NEW).] C. Support reasonable choice in health care services while avoiding excessive duplication; [PL 2001, c. 664, §2 (NEW).] D. Ensure that state funds are used prudently in the provision of health care services; [PL 2001, c. 664, §2 (NEW).] E. Ensure public participation in the process of determining the array, distribution, quantity, quality and cost of these health care services; [PL 2001, c. 664, §2 (NEW).] F. Improve the availability of health care services throughout the State; [PL 2001, c. 664, §2 (NEW).] G. Support the development and availability of health care services regardless of the consumer's ability to pay; [PL 2001, c. 664, §2 (NEW).] H. Seek a balance, to the extent a balance assists in achieving the purposes of this subsection, between competition and regulation in the provision of health care; and [PL 2001, c. 664, §2 (NEW).] I. Promote the development of primary and secondary preventive health care services. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 1812-I — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-I
22 §1812-I. State approval for critical access hospitals; annual report required
Status: in_force

For purposes of this section, "critical access hospital" has the same meaning as in section 7932, subsection 10 . [PL 2023, c. 643, Pt. KK, §1 (NEW).]

1. Application for conversion to critical access hospital. In addition to the criteria provided in section 7932, subsection 10 , in order to qualify as a critical access hospital, an applicant seeking approval for conversion to a critical access hospital must provide to the department a plan for review that includes the following: A. A copy of the applicant's most recent community health needs assessment; [PL 2023, c. 643, Pt. KK, §1 (NEW).] B. An estimate of the financial impact of converting to a critical access hospital; and [PL 2023, c. 643, Pt. KK, §1 (NEW).] C. A utilization plan that includes the amount of total anticipated revenues that will be used and how they will be used to address the community health needs identified in the applicant's most recent assessment submitted pursuant to paragraph A that are not currently being met. [PL 2023, c. 643, Pt. KK, §1 (NEW).] [PL 2023, c. 643, Pt. KK, §1 (NEW).]

2. Annual report by approved critical access hospitals. A critical access hospital approved under this section shall provide an annual report to the department for a period of 5 years demonstrating its use of revenues to support the health care needs of the community. [PL 2023, c. 643, Pt. KK, §1 (NEW).]
22-A M.R.S. § 207 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 207
22-A §207. Additional powers of the commissioner
Status: in_force

In addition to other powers granted in this Title, the commissioner has the powers set out in this section. [PL 2007, c. 539, Pt. N, §46 (NEW).]

1. General powers. The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of the residents of state institutions or may purchase residential services when the department does not provide the appropriate institutional services for the client. [PL 2007, c. 539, Pt. N, §46 (NEW).]

2. Appointments of deputy commissioner and other employees. The commissioner's powers to appoint any deputy commissioner and other employees are as set out in this subsection. A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be necessary. [PL 2007, c. 539, Pt. N, §46 (NEW).] B. The commissioner may appoint and set the salaries for one or more deputy commissioners to assist in carrying out the responsibilities of the department. Each appointment must be for an indeterminate term and until a successor is appointed and qualified or at the pleasure of the commissioner. [PL 2007, c. 539, Pt. N, §46 (NEW).] C. The commissioner, with the approval of the Governor, may employ and set the salaries up to the maximum adjusted pay grade for clinical director positions. Clinical director positions are excluded from the definition of state employee under Title 26, section 979‑A, subsection 6 and are not subject to the Civil Service Law. Employees in that classification hired after July 1, 1989 serve at the pleasure of the commissioner and must, as a condition of continued employment, maintain clinical privileges to practice medicine as determined by the respective medical staff and the superintendent of the facility. [PL 2007, c. 539, Pt. N, §46 (NEW).] D. Employees in the classification of clinical director may elect to retain current bargaining unit and civil service status. Employees so grandfathered retain salary and benefit entitlements provided for in current pay schedules and collective bargaining agreements. [PL 2007, c. 539, Pt. N, §46 (NEW).] [PL 2007, c. 539, Pt. N, §46 (NEW).]

3. Delegation. The commissioner's delegation powers are as set out in this subsection. A. The commissioner may delegate powers and duties given under this Title to any deputy commissioner and chief administrative officers of state institutions. [PL 2007, c. 539, Pt. N, §46 (NEW).] B. The commissioner may empower any deputy commissioner and chief administrative officers of state institutions to delegate further powers and duties delegated to them by the commissioner. [PL 2007, c. 539, Pt. N, §46 (NEW).] [PL 2007, c. 539, Pt. N, §46 (NEW).]

4. Funding sources. In carrying out this Title, the commissioner may apply for and accept from any other agency of government, person, group or corporation any funds that may be available. [PL 2007, c. 539, Pt. N, §46 (NEW).]

5. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court only in: A. Matters relating to the performance of duties in uncontested guardianship, conservatorship or termination of guardianship or conservatorship proceedings; and [PL 2007, c. 539, Pt. N, §46 (NEW).] B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in adult foster homes, boarding homes or nursing homes or for orders necessary to apply for or preserve an estate in emergency situations. [PL 2007, c. 539, Pt. N, §46 (NEW).] [PL 2007, c. 539, Pt. N, §46 (NEW).]

6. Physicians. Department employees in the classifications of physician I, II and III are unclassified state employees, as defined by Title 26, section 979‑A, subsection 6 , and are members of bargaining units, subject to Title 26, chapter 9-B . An employee in any of these classifications must, as a condition of continued employment, maintain necessary clinical privileges to practice medicine in that employee's position as determined by the respective medical staff and the superintendent of the facility. Any termination of employment due to a loss of clinical privileges to practice medicine under this subsection is not subject to the grievance procedure under any collective bargaining agreement. [PL 2007, c. 539, Pt. N, §46 (NEW).]

7. Contracts with health care servicing entities. The commissioner may enter into contracts with health care servicing entities for the financing, management and oversight of the delivery of mental health, adult developmental and substance use disorder services to clients pursuant to a state or federally sponsored health program in which the department participates or that the department administers. For the purposes of this subsection, "health care servicing entity" means a partnership, association, corporation, limited liability company or other legal entity that enters into a contract with the State to provide or arrange for the provision of a defined set of health care services; to assume responsibility for some aspects of quality assurance, utilization review, provider credentialing and provider relations or other related network management functions; and to assume financial risk for provision of such services to clients through capitation reimbursement or other risk-sharing arrangements. "Health care servicing entity" does not include insurers or health maintenance organizations. In contracting with health care servicing entities, the commissioner: A. Shall include in all contracts with the health care servicing entities standards, developed in consultation with the Superintendent of Insurance, to be met by the contracting entity in the areas of financial solvency, quality assurance, utilization review, network sufficiency, access to services, network performance, complaint and grievance procedures and records maintenance; [PL 2007, c. 539, Pt. N, §46 (NEW).] B. Prior to contracting with any health care servicing entity, must have in place a memorandum of understanding with the Superintendent of Insurance for the provision of technical assistance, which must provide for the sharing of information between the department and the superintendent and the analysis of that information by the superintendent as it relates to the fiscal integrity of the contracting entity; [PL 2007, c. 539, Pt. N, §46 (NEW).] C. May require periodic reporting by the health care servicing entity as to activities and operations of the entity, including the entity’s activities undertaken pursuant to commercial contracts with licensed insurers and health maintenance organizations; [PL 2007, c. 539, Pt. N, §46 (NEW).] D. May share with the Superintendent of Insurance all documents filed by the health care servicing entity, including documents subject to confidential treatment if the information is treated with the same degree of confidentiality as is required of the department; and [PL 2007, c. 539, Pt. N, §46 (NEW).] E. May make all necessary rules for the administration of contracts with health care servicing entities. All rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A . [PL 2007, c. 539, Pt. N, §46 (NEW).] [PL 2017, c. 407, Pt. A, §92 (AMD).]

8. Ad hoc committee compensation. The commissioner is authorized to provide compensation to persons who are consumers or family members of consumers of departmental services who are members of ad hoc committees. The compensation may not exceed $25 per day and payment of expenses. Total compensation expenses of the department under this subsection in any fiscal year may not exceed $7,500. [PL 2007, c. 539, Pt. N, §46 (NEW).]

9. Operation of a facility. The commissioner may contract with a privately operated corporation for the operation of a facility to replace the Elizabeth Levinson Center effective October 1, 2008. [PL 2007, c. 539, Pt. N, §46 (NEW).]

10. Adjudicatory subpoena power. In an adjudicatory proceeding conducted by the department, the commissioner may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence or discovery relating to an issue of fact in the proceeding and may designate employees of the department to issue such subpoenas. Subpoenas must be issued in accordance with Title 5, section 9060 . [PL 2013, c. 202, §1 (NEW).]
22 M.R.S. § 1502-A — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1502-A
22 §1502-A. Consent to give blood
Status: in_force

A minor may consent to give blood if the minor is at least 17 years of age, notwithstanding any other provision of law. [PL 1999, c. 10, §1 (NEW).]
22 M.R.S. § 347 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 347
22 §347. Withholding of license
Status: in_force

A new health care facility, as defined in section 328 , is eligible to obtain a license under the applicable state law if the facility has obtained a certificate of need as required by this chapter. The license of any facility does not extend to include and may not otherwise be deemed to allow the delivery of any services, the use of any equipment that has been acquired, the use of any portion of a facility or any other change for which a certificate of need as required by this chapter has not been obtained. Any unauthorized delivery of services, use of equipment or a portion of a facility or other change is in violation of the respective chapter under which the facility is licensed. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 775 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 775
22 §775. Radon mitigation; registration required
Status: in_force

A person may not offer advice or plans to reduce the level of radon in new or existing structures or contract to modify an existing structure in a manner intended to reduce the level of radon unless registered with the division. [PL 2011, c. 144, §2 (AMD).]
22 M.R.S. § 261 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 261
22 §261. Maternal, fetal and infant mortality review panel
Status: in_force

The department shall establish the maternal, fetal and infant mortality review panel in accordance with this section. [PL 2017, c. 203, §1 (AMD).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Center" means the Maine Center for Disease Control and Prevention. [PL 2005, c. 467, §1 (NEW).] B. "Deceased person" means a woman who died during pregnancy or within one year of giving birth or a child who died within one year of birth. [PL 2019, c. 671, §1 (AMD).] C. "Director" means the medical director of the center. [PL 2017, c. 203, §1 (AMD).] C-1. "Family" means a woman who has experienced a fetal death or the parent or parents or other authorized representative of a deceased person. [PL 2009, c. 531, §1 (NEW).] D. "Panel" means the maternal, fetal and infant mortality review panel established under this section. [PL 2017, c. 203, §1 (AMD).] E. "Panel coordinator" means an employee of the center who is appointed by the director or a person designated by the panel coordinator. The panel coordinator must be a licensed physician or registered nurse or other health care professional licensed or registered in this State. [PL 2005, c. 467, §1 (NEW).] [PL 2019, c. 671, §1 (AMD).]

2. Membership; meetings. The panel consists of health care and social service providers, public health officials, law enforcement officers and other persons with professional expertise on maternal and infant health and mortality. The director shall appoint the members of the panel, who serve at the pleasure of the director. The director shall appoint an employee of the center to serve as panel coordinator. The panel shall meet at least twice per year. [PL 2017, c. 203, §1 (AMD).]

3. Contact with family. The first contact pursuant to this section with the family may not occur prior to 4 months after the death and must: A. Be by letter from the State Health Officer on letterhead of the center; and [PL 2005, c. 467, §1 (NEW).] B. Include an invitation to participate in a review of the death of the deceased person or the fetal death from a statewide organization dedicated to improving the health of babies by preventing birth defects, premature birth and infant mortality. [PL 2009, c. 531, §1 (AMD).] [PL 2009, c. 531, §1 (AMD).]

4. Duties and powers of panel coordinator. The panel coordinator has the following duties and powers. A. The panel coordinator shall review the deaths of all women during pregnancy or within one year of giving birth, the majority of cases in which a fetal death occurs after 28 weeks of gestation and the majority of deaths of infants under one year of age, with selection of cases of infant death based on the need to review particular causes of death or the need to obtain a representative sample of all deaths. [PL 2019, c. 671, §2 (AMD).] A-1. The panel coordinator may have access to the death certificates of deceased persons and to fetal death certificates of fetal deaths occurring after 28 weeks of gestation. [PL 2009, c. 531, §1 (NEW).] B. [PL 2017, c. 203, §1 (RP).] B-1. The panel coordinator may have access to health care information of a deceased person and a mother of a child who died within one year of birth, including fetal deaths after 28 weeks of gestation, pursuant to section 1711‑C, subsection 6, paragraph U . For purposes of this paragraph, "health care information" has the same meaning as in section 1711‑C, subsection 1, paragraph E . [PL 2017, c. 203, §1 (NEW).] C. Prior to conducting a voluntary interview, the panel coordinator shall obtain permission in all cases for the interview from the family. [PL 2009, c. 531, §1 (AMD).] D. The panel coordinator may conduct voluntary interviews with the family. The purpose of the voluntary interview is limited to gathering information or data for the purposes of the panel in summary or abstract form without family names or patient identifiers. A person who conducts interviews under this paragraph must meet the qualifications for panel coordinator and also have professional experience or training in bereavement services. A person conducting an interview under this paragraph may make a referral for bereavement counseling. [PL 2009, c. 531, §1 (AMD).] E. The panel coordinator shall prepare a summary or abstract of relevant information regarding the case, as determined to be useful to the panel, but without the name or identifier of the deceased person or the woman who experienced a fetal death, and shall present the summary or abstract to the panel. [PL 2009, c. 531, §1 (AMD).] [PL 2019, c. 671, §2 (AMD).]

5. Duties and powers of panel. The panel has the following duties and powers. A. The panel shall conduct comprehensive multidisciplinary reviews of data presented by the panel coordinator. [PL 2005, c. 467, §1 (NEW).] B. The panel shall present an annual report to the department and to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The report must identify factors contributing to maternal, fetal and infant mortality in the State, determine the strengths and weaknesses of the current maternal and infant health care delivery system and make recommendations to the department to decrease the rate of maternal, fetal and infant mortality. The panel shall offer a copy of the annual report to the person or persons that granted permission to the panel coordinator for a voluntary interview under subsection 4, paragraph C . [PL 2017, c. 203, §1 (AMD).] C. The panel shall share the results of its data reviews and recommendations with the child death and serious injury review panel established pursuant to section 4004, subsection 1, paragraph E . The maternal, fetal and infant mortality review panel may request and review data from the child death and serious injury review panel, regardless of any prior work by the child death and serious injury review panel. [PL 2017, c. 203, §1 (AMD).] [PL 2017, c. 203, §1 (AMD).]

6. Limitations. The panel coordinator may not proceed with voluntary interviews without the permission of the family. The panel coordinator may not photocopy or retain copies of medical records or review cases of abortion. In performing work under this section, the panel coordinator shall minimize the burden imposed on health care practitioners, hospitals and facilities. [PL 2017, c. 203, §1 (AMD).]

7. Confidentiality. All records created or maintained pursuant to this section, other than reports provided under subsection 5, paragraph B , are protected as provided in this subsection. The records are confidential under section 42, subsection 5 . The records are not open to public inspection, are not public records for the purposes of Title 1, chapter 13, subchapter 1 and are not subject to subpoena or civil process nor admissible in evidence in connection with any judicial, executive, legislative or other proceeding. [PL 2005, c. 467, §1 (NEW).]

8. Immunity. A health care practitioner, hospital or health care facility or the employee or agent of that person or entity is not subject to civil or criminal liability arising from the disclosure or furnishing of records or information to the panel pursuant to this section. [PL 2005, c. 467, §1 (NEW).]

9. Funding. The department may accept any public or private funds to carry out the purposes of this section. [PL 2005, c. 467, §1 (NEW).]

10. Rulemaking. The department shall adopt rules to implement this section, including rules on collecting information and data, selecting members of the panel, collecting and using individually identifiable health information and conducting reviews under this section. The rules must ensure that access to individually identifiable health information is restricted as much as possible while enabling the panel to accomplish its work. The rules must establish a protocol to preserve confidentiality, specify the manner in which the family will be contacted for permission and maintain public confidence in the protection of individually identifiable information. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 531, §1 (AMD).]

11. Repeal. [PL 2009, c. 531, §1 (RP).]
22 M.R.S. § 7317 — ME Code / Title 22 / Subtitle 5 / Chapter 1622-A / Section 7317
22 §7317. In-home and community support services; nursing facility services
Status: in_force

In-home and community support services and nursing facility services must be provided under the program, giving priority to expenditures that serve first those consumers with the greatest needs and the lowest service costs in accordance with the provisions of this section. [PL 2011, c. 422, §1 (NEW).]

1. Intake and eligibility assessment. The department shall develop for the program a single system for intake and eligibility determination for all consumers, regardless of diagnosis, type of disability or age or other demographic factors, using the multidisciplinary teams designated by the commissioner pursuant to section 7323 . The intake process, application and forms must be standardized despite differences in the criteria for eligibility for services under different provisions of the MaineCare program state plan or federally approved waiver under Medicaid or under state-funded services. [PL 2011, c. 422, §1 (NEW).]

2. Needs assessment. The department shall assess a consumer for benefits determination periodically, as appropriate to the consumer, based on assessments of functional, health care and financial needs performed by an agency that is available to the consumer for case management services but that does not directly or indirectly provide in-home and community support services or nursing facility services. The assessment of the consumer’s functional, health care and financial needs for in-home and community support services and nursing facility services must include a medical evaluation conducted by the consumer’s primary care provider or health care specialist, as appropriate, and an evaluation by the department of the requirements for personal care assistant services and the hours of service necessary to maintain the consumer in a home-based or community-based setting. [PL 2011, c. 422, §1 (NEW).]

3. Benefits determination; service delivery model selection. Once the needs assessment under subsection 2 has been completed for a consumer, the department shall determine the benefits that are available for the consumer and the consumer may choose which services to purchase. The consumer may select service delivery through the following models: the model in which the consumer directs the consumer's care and employs the persons who provide care, with or without a surrogate or unpaid representative to assist the consumer; the agency model in which an agency directs the consumer's care and employs the persons who provide care; and the residential care model or nursing facility care model. If a consumer does not indicate a preference of service delivery model, the department shall assign the consumer to a self-directed model of in-home and community support services unless self-direction is determined to be inappropriate for the consumer. [PL 2011, c. 422, §1 (NEW).]

4. Plan of care. The department shall develop and authorize a plan of care for each consumer determined to be eligible under this chapter or Title 34‑B, chapter 5, subchapter 3, article 2 . The plan of care must be based on the needs assessment under subsection 2 and must be designed to meet the needs of the consumer identified in the assessment, giving consideration to the consumer’s living arrangement and informal supports and, to avoid duplication of services, services provided by other private and public funding sources. [PL 2011, c. 422, §1 (NEW).]

5. Transitional facilities and services. The program must provide a consumer with transitional facilities and services to assist with changing functional needs and health care status. [PL 2011, c. 422, §1 (NEW).]

6. Nursing facility diversion. The program must include a nursing facility diversion component to encourage the use of facilities and services consistent with the consumer’s needs assessment under subsection 2 and as chosen by the consumer under subsection 3 . [PL 2011, c. 422, §1 (NEW).]

7. Reimbursement. The program must provide reimbursement for skilled nursing care and in-home and community support services based on a uniform rate-setting process that is consistent across types of care and services, that reduces administrative costs and that is realistic regarding access to care and services. The process must set aside a fixed percentage of the rate for wages and benefits of the direct-care workers. [PL 2011, c. 422, §1 (NEW).]

8. Implementation. In implementing the program the department shall: A. Establish best practices training standards in a common module-based format with standard designations for direct-care workers; [PL 2011, c. 422, §1 (NEW).] B. Create structures for service delivery that apply to all types of payors; [PL 2011, c. 422, §1 (NEW).] C. Promote the use of assistive technology; [PL 2011, c. 422, §1 (NEW).] D. Integrate the delivery of skilled nursing care and personal care and services; [PL 2011, c. 422, §1 (NEW).] E. Establish a system to designate qualified providers who must: (1) Provide the full range of services in the self-directed and agency models under subsection 3 ; (2) Have the organizational and administrative capacity to administer and monitor a complete range of in-home and community support services, including, but not limited to, serving as a resource regarding service options, coordinating and implementing consumer services, ensuring the services are delivered, providing skills training, responding to questions and problems, performing administrative services, ensuring compliance with policies and performing utilization review functions; and (3) Submit proposals for coordinated in-home and community support services in response to a solicitation for proposals to qualified provider agencies from the department, in the form and manner required by the department as specified in rules. Rules adopted pursuant to this subparagraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A ; [PL 2011, c. 422, §1 (NEW).] F. Promote consumer choice by investing in needed care and services that consumers choose; and [PL 2011, c. 422, §1 (NEW).] G. Develop expanded financing options to encourage private investment in residential care and nursing facilities. [PL 2011, c. 422, §1 (NEW).] [PL 2011, c. 422, §1 (NEW).]
22 M.R.S. § 682 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 682
22 §682. Inspections
Status: in_force

1. Authorized. The department or its duly authorized representatives may enter at all reasonable times upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of this Act and the rules issued thereunder, except that entry into areas under the jurisdiction of the Federal Government or its duly designated representative shall be effected only with the concurrence of the Federal Government or its duly designated representative. [PL 1991, c. 151, §2 (AMD).]

2. Equipment inspection. The department shall promulgate rules requiring periodic inspection, certification and calibration of equipment, capable of emitting ionizing radiation, by certified technicians. [PL 1987, c. 493, §7 (AMD).]

3. Technician certification. The department shall promulgate rules providing for the qualifications and certification of technicians to inspect, certify and calibrate equipment capable of emitting ionizing radiation. The rules must also provide for the standardization of calibration equipment, inspection and calibration methodology and reporting procedures. The department may grant, modify or refuse to issue a certification in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 subchapter 5 . The District Court has exclusive jurisdiction to suspend or revoke a certification of any person found guilty of noncompliance with the rules pertaining to inspection, certification and reporting procedures or misrepresentation of inspection findings. [RR 2009, c. 2, §47 (COR).]

4. Failure to comply. Persons failing to have their equipment inspected, certified and calibrated, as required in subsection 2 , shall be subject to the penalties of section 690‑A. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 2421 — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2421
22 §2421. Short title
Status: in_force

This chapter may be known and cited as "the Maine Medical Use of Cannabis Act." [PL 2009, c. 631, §7 (AMD); PL 2009, c. 631, §51 (AFF); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 3947 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3947
22 §3947. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations
Status: in_force

An Indian child who is the subject of an action for foster care placement or termination of parental rights under the laws of this State, a parent or Indian custodian from whose custody the Indian child was removed under the laws of this State and the Indian child's tribe may petition the District Court to invalidate the action upon a showing by clear and convincing evidence that the action violated any provision of sections 3944 to 3946 . [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 1531 — ME Code / Title 22 / Subtitle 2 / Chapter 261-A / Section 1531
22 §1531. Care of infants after birth
Status: in_force

1. Prophylactic ophthalmic ointment and reporting requirement. Every physician, midwife or nurse in charge shall instill or cause to be instilled into the eyes of an infant within 24 hours after its birth prophylactic ophthalmic ointment. If one or both eyes of an infant become reddened or inflamed at any time within 4 weeks after birth, the midwife, nurse or person having charge of the infant shall report the condition of the eyes at once to the infant's primary care provider licensed under Title 32, chapter 36 or 48 . [PL 2019, c. 613, §1 (AMD).]

2. Vitamin K injection. Every physician, midwife or nurse in charge shall administer 0.5 or 1 milligram, based on the infant's weight, of vitamin K to an infant intramuscularly within 6 hours after the infant's birth. [PL 2019, c. 426, §1 (NEW).]

3. Rulemaking. The department shall adopt rules to implement this section, including, but not limited to, creating and making publicly available a brochure about the medical benefits and risks of administering the prophylactic ophthalmic ointment and vitamin K injection, and providing a form on which a parent can refuse the prophylactic ophthalmic ointment or vitamin K injection for the infant of that parent. [PL 2019, c. 426, §1 (NEW).]
22 M.R.S. § 2620-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2620-A
22 §2620-A. Appeals
Status: in_force

Appeal of actions authorized under this section is governed by the following. [PL 1993, c. 678, §4 (NEW).]

1. Due process generally. The commissioner shall comply with the Maine Administrative Procedure Act when imposing administrative penalties and issuing administrative compliance orders. A public water system against which an administrative penalty is assessed or an administrative compliance order is issued has a right to a hearing as provided under the Maine Administrative Procedure Act. The decision of a hearing officer is a final agency action subject to review in the Superior Court, as provided in Title 5, chapter 375, subchapter VII . [PL 1993, c. 678, §4 (NEW).]

2. Effect on penalties. A public water system has 30 days from the date an administrative penalty is issued against it to pay the full amount of the penalty or to file a request for a hearing with the commissioner. If the public water system waives the right to or fails to request a hearing within 30 days, the administrative penalty is considered final. If a request for a hearing is filed within the 30 days, the following provisions apply. A. Violations or penalties do not accrue from the date that the public water system files the request for a hearing to the date the hearing officer renders a decision. [PL 1993, c. 678, §4 (NEW).] B. Notwithstanding paragraph A , if the hearing officer finds that the appeal is frivolous, the violations or penalties accrue throughout the appeal period. [PL 1993, c. 678, §4 (NEW).] C. If an administrative hearing is held and a penalty is assessed at the conclusion of that hearing, the penalty becomes final 30 days after the decision. [PL 1993, c. 678, §4 (NEW).] [PL 1993, c. 678, §4 (NEW).]
22 M.R.S. § 5310 — ME Code / Title 22 / Subtitle 4 / Chapter 1473 / Section 5310
22 §5310. Powers and duties
Status: in_force

The bureau shall establish in accordance with the purposes and intent of this Part and Part 2 , subject to the direction of the commissioner, the overall planning, policy, objectives and priorities for all functions and activities relating to human services, including services to older people funded by Title IV or Title VI, or their successors or amendments or additions thereto of the United States Social Security Act, as amended, and excepting all other services to older people that are conducted or supported in the State. In order to carry out the above, the bureau has the power and duty to: [PL 2023, c. 405, Pt. A, §73 (AMD).]

1. Encourage and assist development of more effective and more coordinated use of existing and new resources and social services available to Maine's residents; [PL 1973, c. 793, §12 (NEW).]

2. Serve as a clearinghouse for information related to the field of social services and gather knowledge and statistics on social services, using existing sources of knowledge and data to the fullest extent possible; [PL 1973, c. 793, §12 (NEW).]

3. Prepare, publish and disseminate educational materials dealing with social services for Maine's citizens; [PL 1973, c. 793, §12 (NEW).]

4. Convene and conduct conferences of such authorities and officials of public and private nonprofit organizations concerned with the development and operation of social service programs intended to benefit citizens as the director deems necessary or proper for the development and implementation of the intent and objectives of this Part and Part 2 ; [PL 1973, c. 793, §12 (NEW).]

5. Provide or coordinate the provision of information, technical assistance and consultation about the field of social services to public and private nonprofit organizations and provide such help in accord with the intent and objectives of this Part and Part 2 ; [PL 1973, c. 793, §12 (NEW).]

6. Coordinate and assist in the planning, development and establishment by public or private nonprofit organizations of social service, programs intended to benefit residents and which are in accord with the intent and objectives of this Part and Part 2 . It is the intent of the Legislature that, in exercising this duty, the bureau shall take action to preclude the development or conduct of services which result in duplication of functions or activities funded in whole or Part by the Priority Social Services Act of 1973 or Titles IV and VI, or their successors or amendments or additions thereto, of the U.S. Social Security Act, as amended; [P&SL 1975, c. 90, §C/§5 (AMD).]

7. Function as the organizational unit of State Government with the sole responsibility for conducting and coordinating, subject to the direction of the commissioner, functions assigned to it by the commissioner, and functions authorized by this Part and Part 2 and so much of the several Acts, amendments and successors to them enacted by the people of the State of Maine and those authorized by the United States Acts, amendments and successors to them as relate to human services, including services to older people funded by Titles IV and VI, or their successors or amendments or additions thereto of the United States Social Security Act, as amended, and excepting all other services to older people: A. The Priority Social Services Act of 1973 except services to older people in accordance with section 6108 ; and [PL 1973, c. 793, §12 (NEW).] B. Title IV and VI, in their entirety, of the United States Social Security Act, as amended. [PL 1973, c. 793, §12 (NEW).] The bureau is designated as the single agency of State Government solely responsible for administering, subject to the direction of the commissioner, any state plans as may be required by the above Acts, and for administering programs or Acts of the State or United States relating to such human services that are not the specific responsibility of another state agency under state or federal law; [PL 2023, c. 405, Pt. A, §74 (AMD).]

8. Assist the legislative and executive branches of State Government, especially the Governor, commissioner and Bureau of the Budget, to coordinate all government efforts relating to human services, except services to older people, by: A. Submitting to each branch of State Government no later than September 1st of each year an annual report covering its activities for the immediately past fiscal year and future plans; [PL 2023, c. 405, Pt. A, §75 (AMD).] B. Reviewing all proposed legislation, fiscal activities, plans, policies and other administrative functions relating to the human services made by or requested of all state agencies. The bureau has the authority to submit to those bodies findings, comments and recommendations, which are advisory. The findings and comments must recommend what modification in proposals or actions must be taken to make proposed legislation, fiscal activities and administrative activities consistent with such policies and priorities; and [PL 2023, c. 405, Pt. A, §75 (AMD).] C. Making recommendations to the respective branches of State Government related to improving the quality of such human services and consulting with and being consulted by all responsible state agencies regarding the policies, priorities and objectives of functions related to human services; [PL 2023, c. 405, Pt. A, §75 (AMD).] [PL 2023, c. 405, Pt. A, §75 (AMD).]

9. Carry on a continuing evaluation of the social services programs and activities affecting Maine's residents, to determine the needs and priorities for types of social services; the types of services available; the number, location and characteristics of people served by each type of service; the amount, type and source of resources supporting types of services, the administrative adequacy and capacity of social service agencies; and the quality and quantity of types of social services; as well as to determine the value and impact of programs operated by or administered with the assistance of the State and Federal Governments; including social services as authorized by this and the several Acts and amendments to them enacted by the People of the State of Maine; and those authorized by these United States Acts and amendments to them; the Social Security Act of 1935, the Economic Opportunity Act of 1965, and similar Acts. Such human services to be included, but to which the bureau is not limited, are those relating to education, employment and vocational services, income, health, housing, community, mental health, adult developmental, social, transportation and rehabilitation services for people, except older people. Maintaining statistical information through use of uniform methods, which are reasonable, feasible and economically efficient, must be specified for use by public and private agencies, organizations and individuals assisted by state or federal funds pursuant to this Part; [PL 2011, c. 542, Pt. A, §42 (AMD).]

10. Prepare, adopt and administer policies, priorities, procedures, rules and regulations to govern its affairs and the development and operation of programs and activities conducted under the authority and in accordance with the purpose and objectives of this Part and Part 2 , especially such rules and regulations as may be necessary to carry out the designation of beneficiaries in section 6112 , and to define contractual terms, conditions of agreements, quality of performance standards and such other rules as are necessary; [PL 1973, c. 793, §12 (NEW).]

11. Provide for the coordination of state and federal programs and activities related to social services in accord with the purpose and objectives of this Part and Part 2 ; [PL 1973, c. 793, §12 (NEW).]

12. Administer in accordance with the intent and objectives of this Part and Part 2 , or within any limitation which may apply from the sources of such funds, any funds from any source for the benefit of Maine's residents in need of social services; [PL 1973, c. 793, §12 (NEW).]

13. Assist the commissioner in all matters pertaining to social services; [PL 1973, c. 793, §12 (NEW).]

14. Develop, in cooperation with other agencies, a plan for meeting the needs for trained personnel in the field of social services and for training persons for carrying out social services related to the intent and objectives of this Part and Part 2 , and conduct and provide for the conducting of such training; [PL 1973, c. 793, §12 (NEW).]

15. Perform other functions necessary to the powers and duties expressly stated in this Part and Part 2 . [PL 1973, c. 793, §12 (NEW).]
22 M.R.S. § 4314 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4314
22 §4314. Cooperation in administration of general assistance
Status: in_force

1. State departments. Upon the request of any municipal official charged with the responsibility of administering general assistance, the Department of Health and Human Services and any other department of the State having information which has a bearing on the eligibility of any person applying for general assistance shall release that information. The information shall be restricted to those facts necessary for the official to make a determination of eligibility for general assistance. [PL 1983, c. 577, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Financial institutions. An officer of any bank, federally or state-chartered credit union, trust company, benefit association, insurance company, safe deposit company or any corporation or association receiving deposits of money shall, upon receipt of a written release signed by a depositor and a written request signed by the overseer of any municipality or its agents, or by the Commissioner of Health and Human Services or the commissioner's agents or by the Commissioner of Defense, Veterans and Emergency Management or the commissioner's agents, disclose to that overseer or the Department of Health and Human Services or the Maine Bureau of Veterans' Services the amount deposited in the corporation or association to the credit of the named depositor granting the release, who is a charge upon the municipality or the State, or who has applied for support to the municipality or the State. When the named depositor who is a charge upon the municipality is deceased and the municipality or its agents are acting in accordance with section 4313, subsection 2 , the officer shall disclose the amount deposited in the corporation or association upon receipt of a written request from the municipality or its agents and a notarized affidavit signed by the overseer of the municipality or its agents stating that the named depositor is deceased. [PL 2017, c. 28, §1 (AMD); PL 2019, c. 377, §6 (REV).]

3. Verification of employment. The applicant has responsibility for providing documentary verification of benefits received during the period for which assistance is requested, or in the month immediately prior to the application for assistance when those wages and benefits are expected to be the same during the period for which assistance is requested. The overseer shall give the applicant written notice that if the applicant does not provide the documentary verification within one week of the application, the employer will be contacted. Notwithstanding any other provision of law, every employer shall, upon written request of the overseer, release information regarding any wages or other financial benefits paid to the applicant or a member of the applicant's household. No employer may discharge or otherwise adversely affect an employee because of any request for information pursuant to this section. [PL 1983, c. 577, §1 (NEW).]

4. Confidentiality. Any person who seeks and obtains information under this section is subject to the same rules of confidentiality as the person who is caretaker of the information which is by law confidential. [PL 1983, c. 577, §1 (NEW).]

5. Refusal. Any person who refuses to provide any information to an overseer who requests it in accordance with this section shall state in writing the reasons for the refusal within 3 days of receiving the request. [PL 1983, c. 577, §1 (NEW).]

6. Refusal; penalty. A person who refuses upon request to provide information under this section without just cause commits a civil violation for which a fine of not less than $25 and not more than $100 may be adjudged. [PL 2003, c. 452, Pt. K, §25 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

7. False information; penalty. A person who intentionally or knowingly renders false information under this section to an administrator commits a Class E crime. [PL 2003, c. 452, Pt. K, §26 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 2602 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2602
22 §2602. Fees for testing
Status: in_force

The department shall charge the average cost of the analysis for any examination, testing or analysis required under this chapter and performed in the departmental diagnostic laboratory. The fees must be recalculated and deposited according to section 565, subsection 3 and section 568 . [PL 2001, c. 471, Pt. A, §26 (AMD).]
22 M.R.S. § 2700 — ME Code / Title 22 / Subtitle 2 / Chapter 604 / Section 2700
22 §2700. Unused Pharmaceutical Disposal Program
Status: in_force

1. Establishment; purpose. There is established the Unused Pharmaceutical Disposal Program, referred to in this chapter as "the program." The purpose of the program is to ensure the safe, effective and proper disposal of unused pharmaceuticals. For purposes of compliance with federal law and regulation, the return of pharmaceuticals under this section is deemed to be for law enforcement purposes. [PL 2003, c. 679, §1 (NEW); PL 2005, c. 297, §3 (AFF).]

2. Administration. The program is administered by the Maine Drug Enforcement Agency, referred to in this chapter as "the agency," established in Title 25, section 2955 . [PL 2003, c. 679, §1 (NEW); PL 2005, c. 297, §3 (AFF).]

3. Return of pharmaceuticals. The agency may create systems for the safe, effective and proper disposal of unused pharmaceuticals. The systems may include the use of prepaid mailing envelopes into which the unused pharmaceuticals are placed and returned to a single collection location. The prepaid mailing envelopes must be made available to the public at various locations, including, but not limited to, pharmacies, physicians' offices and post offices. The agency may randomly assess the toxicity of materials received under the program as long as the assessment results do not identify the patient, person who mailed the material, prescriber or pharmacy. [PL 2013, c. 121, §1 (AMD).]

4. Disposal of pharmaceuticals. All unused pharmaceuticals received under the program must be disposed of in a manner that is designed to be effective, secure and in compliance with local, state and federal environmental requirements, including the federal Resource Conservation and Recovery Act of 1976, as amended. [PL 2013, c. 121, §1 (AMD).]

5. Unused Pharmaceutical Disposal Program Fund; funding. The Unused Pharmaceutical Disposal Program Fund, referred to in this chapter as "the fund," is established within the agency to be used by the director of the agency to fund or assist in funding the safe, effective and proper disposal of unused pharmaceuticals. 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 agency. The agency may accept funds into the fund from any non-General Fund source, including grants or contributions of money or other things of value, that it determines necessary to carry out the safe, effective and proper disposal of unused pharmaceuticals. Money accepted into the fund by the agency must be used for the expenses of safe, effective and proper disposal of unused pharmaceuticals. [PL 2013, c. 121, §1 (AMD).]

6. Rulemaking. The agency shall adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 679, §1 (NEW); PL 2005, c. 297, §3 (AFF).]

7. Disposal; funding. The program must operate with funding solely from the fund provided in subsection 5 . [PL 2013, c. 121, §1 (AMD).]

8. Drug take-back stewardship program participation. Nothing in this section prohibits a law enforcement agency from participating as an authorized collector in a drug take-back stewardship program implemented under Title 38, section 1612 . [PL 2021, c. 94, §1 (NEW).]
22 M.R.S. § 2034 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2034
22 §2034. Records
Status: in_force

Records involving laboratory services and copies of reports of laboratory tests shall be kept in a manner satisfactory to the department and shall be available at all times for inspection by its representative. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 4019 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4019
22 §4019. Child advocacy centers
Status: in_force

This section governs the establishment, organization and duties of child advocacy centers to coordinate the investigation and prosecution of child sexual abuse and other child abuse and neglect and the referral of victims of child sexual abuse and other child abuse and neglect for treatment. [PL 2013, c. 364, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means a child advocacy advisory board established pursuant to subsection 2 . [PL 2013, c. 364, §1 (NEW).] B. "Child advocacy center" or "center" means a community-based center that provides multidisciplinary services for children and families affected by child sexual abuse and other child abuse and neglect, including a center in another jurisdiction. [PL 2023, c. 193, §2 (AMD).] C. "District" means one of the 9 public health districts as defined in section 411, subsection 5 . [PL 2013, c. 364, §1 (NEW).] D. "Forensic interview" has the same meaning as in Title 16, section 358, subsection 1, paragraph A . [PL 2023, c. 193, §3 (NEW).] [PL 2023, c. 193, §§2, 3 (AMD).]

2. Center; child advocacy advisory board. A district may establish one center within the district. A district that establishes a center shall establish a child advocacy advisory board to govern the center. A. Each of the following officers or agencies shall designate one representative from within the district to serve on the board: a county sheriff; the Bureau of Child and Family Services; the district attorney; the State Police; a municipal police department; a sexual assault support center; and a county mental health organization; or a comparable representative for each who carries out these duties. [PL 2013, c. 364, §1 (NEW).] B. The board shall organize itself and elect from among its members a chair. Until a chair is elected, the district attorney representative or comparable representative who carries out the duty of prosecuting serves as interim chair. [PL 2013, c. 364, §1 (NEW).] C. The chair of the board may appoint additional members of the board as necessary to accomplish the purposes of this section. Additional members may include but are not limited to representatives of law enforcement agencies, the judicial branch and tribal courts. [PL 2013, c. 364, §1 (NEW).] D. The board shall adopt by a majority vote of its members a written protocol on child sexual abuse and other child abuse and neglect. The purpose of the protocol is to ensure coordination and cooperation of all agencies involved in child sexual abuse cases and other child abuse and neglect cases to increase efficiency and effectiveness of those agencies and to minimize stress created for the child and the child's family by the investigation and criminal justice process and to ensure that more effective treatment is provided for the child and the child's family. [PL 2013, c. 364, §1 (NEW).] E. In preparing its written protocol under paragraph D , the board shall consider the following: (1) An interdisciplinary, coordinated approach to the investigation of child sexual abuse and other child abuse and neglect, which must at a minimum include: (a) An interagency notification procedure; (b) A dispute resolution process for the involved agencies when a conflict arises in how to proceed with the investigation of a case; (c) A policy on interagency decision making; and (d) A description of the role each agency has in the investigation of a case; (2) A safe, separate space, with assigned personnel, designated for the investigation and coordination of child sexual abuse cases and other child abuse and neglect cases; (3) An interdisciplinary case review process for purposes of decision making, problem solving, systems coordination and information sharing; (4) A comprehensive tracking system to receive and coordinate information concerning child sexual abuse cases and other child abuse and neglect cases from each participating agency; (5) Interdisciplinary specialized training for all professionals involved with the cases of victims and families of child sexual abuse and other child abuse and neglect; and (6) A process for evaluating the implementation and effectiveness of the protocol. [PL 2013, c. 364, §1 (NEW).] F. The board shall annually evaluate the implementation and effectiveness of the protocol required under paragraph D and shall amend the protocol as necessary to maximize its effectiveness. [PL 2013, c. 364, §1 (NEW).] G. The board shall file the written protocol under paragraph D and each amendment to it with the Bureau of Child and Family Services and shall provide copies of the protocol and each amendment to it to each agency participating in the district. [PL 2013, c. 364, §1 (NEW).] [PL 2013, c. 364, §1 (NEW).]

3. Child advocacy centers; memorandum of understanding; participants. On the execution of a memorandum of understanding, a center may be established. A memorandum of understanding regarding participation in the operation of the center must be executed among the following: A. The Bureau of Child and Family Services; [PL 2013, c. 364, §1 (NEW).] B. Representatives of state, county and municipal law enforcement agencies that investigate child sexual abuse and other child abuse and neglect in the district; [PL 2013, c. 364, §1 (NEW).] C. The district attorney who prosecutes child sexual abuse cases and other child abuse and neglect cases in the district; [PL 2013, c. 364, §1 (NEW).] D. Representatives of a sexual assault support center; and [PL 2013, c. 364, §1 (NEW).] E. Representatives of any other governmental entity that participates in child sexual abuse or other child abuse and neglect investigations or offers services to victims of child sexual abuse and other child abuse and neglect in the district and that wants to participate in the operation of the center. [PL 2013, c. 364, §1 (NEW).] [PL 2013, c. 364, §1 (NEW).]

4. Elements of memorandum of understanding. A memorandum of understanding under this section must include the agreement of each participant to cooperate in: A. Developing a cooperative team approach to investigating child sexual abuse and other child abuse and neglect; [PL 2013, c. 364, §1 (NEW).] B. Reducing to the greatest extent possible the number of interviews required of a victim of child sexual abuse or other child abuse or neglect to minimize the negative impact of an investigation on the child; and [PL 2013, c. 364, §1 (NEW).] C. Developing, maintaining and supporting an environment that emphasizes the best interest of children and provides investigatory and rehabilitative services. [PL 2013, c. 364, §1 (NEW).] [PL 2013, c. 364, §1 (NEW).]

5. Office space and administrative services. A memorandum of understanding under this section may include the agreement of one or more participants to provide office space and administrative services necessary for the center's operation. [PL 2013, c. 364, §1 (NEW).]

6. Child advocacy center duties. A center shall: A. Assess victims of child sexual abuse and other child abuse and neglect and their families referred to the center by the department, a law enforcement agency or a district attorney to determine their needs for services relating to the investigation of child sexual abuse and other child abuse and neglect and provide those services; [PL 2013, c. 364, §1 (NEW).] B. Provide a facility at which a multidisciplinary team appointed under subsection 7 can meet to facilitate the efficient and appropriate disposition of child sexual abuse cases and other child abuse and neglect cases through the civil and criminal justice systems; and [PL 2013, c. 364, §1 (NEW).] C. Coordinate the activities of governmental entities relating to child sexual abuse and other child abuse and neglect investigations and delivery of services to victims of child sexual abuse and other child abuse and neglect and their families. [PL 2013, c. 364, §1 (NEW).] [PL 2013, c. 364, §1 (NEW).]

7. Multidisciplinary team. A center shall appoint a multidisciplinary team. A. A multidisciplinary team must include employees of the participating agencies who are professionals involved in the investigation or prosecution of child sexual abuse cases and other child abuse and neglect cases. A multidisciplinary team may also include representatives of sexual assault support centers and professionals involved in the delivery of services, including medical and mental health services, to victims of child sexual abuse and other child abuse and neglect and the victims' families. [PL 2013, c. 364, §1 (NEW).] B. A multidisciplinary team shall meet at regularly scheduled intervals to: (1) Review child sexual abuse and other child abuse and neglect cases determined to be appropriate for review by the multidisciplinary team. A multidisciplinary team may review a child sexual abuse case or other child abuse or neglect case in which the alleged abuser does not have custodial control or supervision of the child or is not responsible for the child's welfare or care; and (2) Coordinate the actions of the entities involved in the investigation and prosecution of the cases and the delivery of services to the victims of child sexual abuse and other child abuse and neglect and the victims' families. [PL 2013, c. 364, §1 (NEW).] C. When acting in the member's official capacity, a multidisciplinary team member is authorized to receive confidential information for the purpose of carrying out the member's duties under this section. For purposes of this paragraph, "confidential information" includes confidential records regarding the investigation of reports of child sexual abuse and other child abuse and neglect, including videotaped interviews, and records, papers, files and communications regarding a person receiving services from or being investigated by the department. [PL 2013, c. 364, §1 (NEW).] [PL 2013, c. 364, §1 (NEW).]

8. Immunity from liability. A person is immune from civil liability for a recommendation or an opinion given in good faith while acting in the official scope of the person's duties as a member of a center's multidisciplinary team or as a staff member or volunteer of a center. [PL 2013, c. 364, §1 (NEW).]

9. Confidential records except recordings of forensic interviews. The files, reports, records, communications and working papers used or developed in providing services under this section are confidential and are not public records for purposes of Title 1, chapter 13, subchapter 1 . Except for recordings of forensic interviews, which are governed by subsection 9‑A , information may be disclosed only to the following in order for them to carry out their duties: A. The department, department employees, law enforcement agencies, prosecuting attorneys, assistant attorneys general who are involved in adult and child protective cases, medical professionals and other state agencies that provide services to children and families. [PL 2023, c. 193, §4 (AMD).] B. [PL 2023, c. 193, §4 (RP).] C. [PL 2023, c. 193, §4 (RP).] [PL 2023, c. 193, §4 (AMD).]

9-A. Recordings of forensic interviews confidential. The following provisions govern recordings of forensic interviews used or developed in providing services under this section. Recordings of forensic interviews are confidential and are not public records for purposes of Title 1, chapter 13, subchapter 1 . Information may be disclosed: A. To the department, department employees, law enforcement agencies, assistant attorneys general who are involved in adult and child protective cases, prosecuting attorneys, medical professionals and other state agencies that provide services to children and families in order for them to carry out their duties; [PL 2023, c. 193, §5 (NEW).] B. To the attorney for a child who is the subject of confidential records; [PL 2023, c. 193, §5 (NEW).] C. To a guardian ad litem appointed under section 4005 for a child who is the subject of confidential records; [PL 2023, c. 193, §5 (NEW).] D. In a matter under Title 18‑C or 19‑A , upon specific request for the recording of the forensic interview by the parties or on the court's own motion. A court may order disclosure of the recording of a forensic interview in accordance with section 4008, subsection 3, paragraph B if the court finds that access to the recording is necessary for the determination of an issue before the court and that the necessity of access to the recording outweighs the potential effect on the alleged victim. The court shall follow the following procedure. (1) Before ordering disclosure of the recording, the court shall require that an investigating law enforcement agency, if any, has been given an opportunity to indicate its position on disclosure of the recording. (2) If the court determines based on the pleadings that the recording is necessary for the determination of an issue before the court and that the necessity of access to the recording outweighs the potential effect on the alleged victim, the court shall order the department, pursuant to section 4008, subsection 3, paragraph B , to provide a copy to the court for in camera inspection. The court shall conduct an in camera review of the recording in order to make a determination about who should be entitled to view the recording. (3) If the court determines that the recording should be disclosed, the court shall consider whether a guardian ad litem should be appointed in the case if one is not already appointed. If there is a guardian ad litem, the court shall consider whether to restrict access to the recording only to the guardian ad litem. (4) The court shall issue a protective order of confidentiality ordering who is allowed to view the recording and how and where viewing will occur. In making its determination, the court shall weigh whether the parties are represented by counsel and whether restricting viewing of the recording will be unduly prejudicial to a party. The recording may not be copied, reproduced or disseminated in any way. (5) If the recording is admitted pursuant to Title 16, section 358, subsection 3 , the court shall admit the recording under seal; and [PL 2023, c. 193, §5 (NEW).] E. In a criminal matter, to a defendant pursuant to the Maine Rules of Unified Criminal Procedure, Rule 16(b)(6). Before releasing the recording, the prosecutor shall request that the court issue a protective order of confidentiality ordering who is allowed to view the recording and how and where viewing will occur. In making its determination, the court shall weigh whether the defendant is represented by counsel and whether restricting viewing of the recording will be unduly prejudicial to the defendant. [PL 2023, c. 193, §5 (NEW).] [PL 2023, c. 193, §5 (NEW).]

10. Reports. Beginning January 2015, the department shall annually report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the centers. The report must include the number of centers and an overview of the protocols adopted by the centers and the effectiveness of the centers in coordinating the investigation and prosecution of child sexual abuse and other child abuse and neglect and referral of victims of child sexual abuse and other child abuse and neglect for treatment. The committee may submit legislation related to the report. [PL 2013, c. 364, §1 (NEW).]
22 M.R.S. § 2651-B — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2651-B
22 §2651-B. Fluoridation
Status: in_force

No public water system may add any fluoride to its water supply without written approval of the department. [PL 1983, c. 463, §2 (NEW).]
22 M.R.S. § 4021 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4021
22 §4021. Investigations
Status: in_force

1. Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate or the legal counsel for the department may: A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation of a report of suspected abuse or neglect or suspicious child death, to a subsequent child protection proceeding or to a panel appointed by the department to review child deaths and serious injuries. (1) The department may apply to the District Court to enforce a subpoena. (2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department; and [PL 2007, c. 586, §14 (AMD).] B. Obtain confidential criminal history record information and other criminal history record information under Title 16, chapter 7 that the commissioner, the commissioner's delegate or the legal counsel for the department considers relevant to an abuse or neglect case or the investigation of a suspicious child death. [PL 2013, c. 267, Pt. B, §19 (AMD).] [RR 2021, c. 2, Pt. B, §186 (COR).]

2. Confidentiality. Information or records obtained by subpoena shall be treated in accordance with section 4008 . [PL 1979, c. 733, §18 (NEW).]

3. Interviewing the child without prior notification. The department may interview a child without prior notification under the following provisions. A. The department may interview a child without prior notification to the parent or custodian when the department has reasonable grounds to believe that prior notice would increase the threat of serious harm to the child or another person. The department may conduct one initial interview with a child without prior notification to the parent or custodian of the child when the child contacts the department or a person providing services puts the child into contact with the department. [PL 1989, c. 270, §7 (AMD).] B. The interview may take place at a school, hospital, police station or other place where the child is present. [PL 1981, c. 369, §10 (NEW).] C. Upon the request of a department employee, school officials shall permit the department to meet with and interview the child when the child is present at the school. (1) School officials may require that the department employee requesting to interview the child provide a written certification that in the department's judgment the interview is necessary to carry out the department's duties under this chapter. (2) The department caseworker shall discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child's teacher or guidance counselor or the school's nurse, social worker or principal, as the caseworker determines is necessary for the provision of any needed emotional support to the child prior to and following the interview. (3) In order for the department to be able to conduct interviews in a manner consistent with good forensic practice, except as provided in subparagraph (1), school officials may not place any conditions on the department’s ability to conduct the interview. Without limiting the generality of this subparagraph, school officials are specifically prohibited from: (a) Requiring that certain persons be present during the interview; (b) Prohibiting certain persons from being present during the interview; and (c) Requiring notice to or consent from a parent or guardian. (4) School officials shall provide an appropriate, quiet and private place for the interview to occur. (5) That the department intends to interview the child is confidential information and may not be disclosed to any person except those school officials, including an attorney for the school, who need the information to comply with the provisions of this paragraph. (6) School personnel who assist the department in making the child available for the interview or who otherwise comply with this paragraph are "participating in a related child protection investigation or proceeding" for purposes of section 4014 . Violation of this paragraph subjects any person involved in the violation, including individual school personnel, to the penalty provided in section 4009 . This section does not apply to out-of-home abuse and neglect allegations as covered under subchapter 18 . [PL 2023, c. 248, §3 (AMD).] [PL 2023, c. 248, §3 (AMD).]

4. Audio recording of planned interviews of children. To the extent possible, the department shall audio record all planned questioning of and planned interviews with children. No later than February 1, 2003, the commissioner shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish procedures for the audio recording of planned questioning of and planned interviews with children. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A and must be reviewed before final approval by the joint standing committee of the Legislature having jurisdiction over judiciary matters. Information collected in an interview that was not audio recorded may not be excluded from use in court proceedings solely because the interview was not audio recorded. [PL 2001, c. 696, §23 (NEW).]

5. Right to record. A person being questioned or interviewed under this chapter or the parent of a child who is the subject of a proceeding under this chapter may not be prohibited from audio recording the questioning or interview. [PL 2001, c. 696, §23 (NEW).]
22 M.R.S. § 2055 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2055
22 §2055. Powers of authority
Status: in_force

The purpose of the authority is to assist participating health care facilities, participating institutions providing an educational program and participating institutions for higher education in the undertaking of projects and the refinancing of existing indebtedness that are declared to be public purposes, and for the purposes of this chapter the authority is authorized and empowered: [PL 2007, c. 354, §9 (AMD).]

1. Bylaws. To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; [PL 1971, c. 303, §1 (NEW).]

2. Seal. To adopt an official seal and alter the same at pleasure; [PL 1971, c. 303, §1 (NEW).]

3. Office. To maintain an office at such place or places as it may designate; [PL 1971, c. 303, §1 (NEW).]

4. Sue. To sue and be sued in its own name, and plead and be impleaded; [PL 1971, c. 303, §1 (NEW).]

5. Projects. To determine the location and character of any project to be financed under this chapter and to acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, extend, enlarge, operate, lease, as lessee or lessor, and regulate the same, to enter into contracts for any or all of such purposes, to enter into contracts for the management and operation of a project, and to designate a participating health care facility, a participating institution for higher education or a participating institution providing an educational program as its agent to determine the location and character of a project undertaken by the participating health care facility, participating institution for higher education or participating institution providing an educational program under this chapter and, as the agent of the authority, to acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, extend, enlarge, operate, lease, as lessee or lessor, and regulate the same and, as the agent of the authority, to enter into contracts for any or all of such purposes, including contracts for the management and operation of such project; [PL 2007, c. 354, §10 (AMD).]

6. Bonds. To borrow money and issue bonds, notes, bond anticipation notes and other obligations of the authority for any of its corporate purposes, and to fund or refund the same, all as provided in this chapter; [PL 1971, c. 303, §1 (NEW).]

7. Rates and fees. Generally, to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and to contract with any person, partnership, association or corporation or other body public or private in respect thereof; [PL 1971, c. 303, §1 (NEW).]

8. Rules. To establish rules for the use of a project or any portion thereof and to designate a participating health care facility, a participating institution for higher education or a participating institution providing an educational program as its agent to establish rules for the use of a project undertaken by the participating health care facility, participating institution for higher education or participating institution providing an educational program; [PL 2007, c. 354, §11 (AMD).]

9. Consultants and agents. To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment, and to fix their compensation; [PL 1971, c. 303, §1 (NEW).]

10. Grants. To receive and accept from the Federal Government or the State or any other public agency loans or grants for or in aid of the construction of a project or any portion thereof, and to receive and accept loans, grants, aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such loans, grants, aid and contributions are made; [PL 1971, c. 303, §1 (NEW).]

11. Mortgages. To mortgage any project and the site thereof for the benefit of the holders of bonds or notes or other obligations issued to finance such project; [PL 1971, c. 303, §1 (NEW).]

12. Loans. To make loans to a participating health care facility, participating institution for higher education, participating institution providing an educational program, other entity eligible to use the authority or consortium of entities eligible to use the authority for the cost of a project in accordance with an agreement between the authority and the participating entity or entities, except that no such loan may exceed the total cost of the project as determined by the participating entity or entities and approved by the authority; [PL 2007, c. 354, §12 (AMD).]

13. Refund. To make loans to a participating health care facility, a participating institution for higher education or a participating institution providing an educational program to refund outstanding obligations, mortgages or advances issued, made or given by such a participating health care facility, participating institution for higher education or participating institution providing an educational program for the cost of the project; [PL 2007, c. 354, §13 (AMD).]

14. Apportionment. To charge to and equitably apportion among participating health care facilities, participating institutions for higher education and participating institutions providing an educational program its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter; [PL 2007, c. 354, §14 (AMD).]

15. Other acts. To do all things necessary or convenient to carry out the purposes of this chapter. In carrying out the purposes of this chapter, the authority may undertake a project for 2 or more participating health care facilities jointly, 2 or more participating institutions for higher education jointly or 2 or more participating institutions providing educational programs, and, upon undertaking the project, all other provisions of this chapter apply to and for the benefit of the authority and such joint participants; [PL 2007, c. 354, §15 (AMD).]

16. Bulk purchases. To purchase, lease or otherwise acquire, finance, sell and transfer for, to or on behalf of itself and any eligible entities organized pursuant to the United States Internal Revenue Code, Section 501 or in partnership with any of its eligible entities organized pursuant to the United States Internal Revenue Code, Section 501 commodities necessary for the daily operation of the facilities of the eligible entities, including, but not limited to, electricity, petroleum products, fuel oil and natural gas. For purposes authorized in this subsection, the University of Maine System and its colleges and universities are eligible participating institutions under the definition of eligible participant for the authority; and [PL 1999, c. 231, §1 (AMD).]

17. Nonprofit corporation. In accordance with the limitations and restrictions of this chapter, to cause any of its powers, duties, programs or operations to be carried out by one or more nonprofit corporations. Nonprofit corporations acting at the direction of the authority must be organized and operated under the Maine Nonprofit Corporation Act. For the purposes authorized in this section the University of Maine System and its colleges and universities are eligible participating institutions under the definition of eligible participant for the authority. [PL 1997, c. 385, §4 (NEW).]
22 M.R.S. § 3101 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3101
22 §3101. Investigation of system of public charities
Status: in_force

The Department of Health and Human Services shall investigate and inspect the whole system of public charities in the State which derive their support wholly or in part from state, county or municipal appropriations but not including any institution of a purely educational or industrial nature. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2706 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2706
22 §2706. Disclosure of vital records
Status: in_force

Custodians of certificates and records of birth, marriage and death shall permit inspection of records, or issue certified or noncertified copies of certificates or records, or any parts thereof, when satisfied that the applicant has a direct and legitimate interest in the matter recorded, the decision of the state registrar or the clerk of a municipality being subject to review by the Superior Court, under the limitations of this section. [PL 2011, c. 58, §1 (AMD).]

1. Child not born of marriage. [PL 2009, c. 601, §12 (RP).]

2. Statistical research. The state registrar may permit the use of data contained in vital records for purposes of statistical research. Such data may not be used in a manner that will identify any individual. [PL 2009, c. 601, §12 (AMD).]

2-A. Reporting data to the Maine Health Data Organization. The state registrar shall report data related to the registration of vital statistics, including personally identifying medical or protected health information, to the Maine Health Data Organization in accordance with the joint rule adopted pursuant to section 8715‑A . The data reported must be assigned a Maine Health Data Organization identifier and integrated with other Maine Health Data Organization data. The data reported may be released only in accordance with the rule adopted by the Maine Health Data Organization on release of data to the public pursuant to section 8707 . [PL 2021, c. 423, Pt. A, §4 (NEW).]

3. National statistics. The national agency responsible for compiling national vital statistics may be furnished such copies or data as it may require for national statistics. The State must be reimbursed for cost of furnishing such copies or data, and such data may not be used in a manner that will identify any individual, except as authorized by the state registrar. [PL 2009, c. 601, §12 (AMD).]

4. Unlawful disclosure of data. It is unlawful for any employee of the State or of any municipality in the State to disclose data contained in such records, except as authorized in this section and except that a clerk of a municipality may cause to be printed in the annual town report the births reported within the year covered by the report, by number of births and location by city or town where birth occurred, deaths reported within the year covered by the report, by date of death, name, age and location by city or town where death occurred, and marriages reported within the year covered by the report by names of parties and date of marriage. All other details of birth, marriage, divorce or death may not be available to the general public, except as specified in department rules. [PL 2009, c. 601, §12 (AMD).]

5. Records disclosed. Certified or noncertified copies of vital records of a person must be made available at any reasonable time upon that person's request or the request of that person's spouse, registered domestic partner, descendant, parent or guardian, grandparent, sibling, stepparent or stepchild, or a sibling of that person's parent or that sibling's spouse, or a child of a sibling of that person or a child of a sibling of that person's spouse, or that person's spouse's parent, personal representative or that person's duly designated attorney or agent or attorney for an agent designated by that person or by a court having jurisdiction over that person whether the request be made in person, by mail, by telephone or otherwise, if the state registrar is satisfied as to the identity of the requester and, if an attorney or agent, if the state registrar is satisfied as to the attorney's or agent's authority to act as that person's agent or attorney. If the agent or attorney has been appointed by a court of competent jurisdiction, or the attorney's or agent's appearance for the person is entered therein, the state registrar shall upon request so ascertain by telephone call to the register, clerk or recorder of the court, and this must be deemed sufficient justification to compel compliance with the request for the record. Certified or noncertified copies of the death certificate of a minor's parent must be made available at any reasonable time upon the request of that minor's living parent, as defined in Title 19‑A, section 1832, subsection 13 , if the requester's parental rights with respect to that minor have not been terminated and the state registrar is satisfied as to the identity of the requester. The state registrar shall, as soon as possible, designate persons in the Office of Data, Research and Vital Statistics who may act in the state registrar's absence or, in case of the state registrar's disqualification, to carry out the intent of this subsection. A record of birth, death, fetal death, marriage, divorce or domestic partner registration may be disclosed as necessary for the department to carry out its responsibilities. [RR 2021, c. 2, Pt. B, §135 (COR).]

5-A. Disclosure of death certificate data to hospital or health care practitioner. Death certificate data must be made available, upon request and in accordance with rules adopted by the department, to a hospital licensed under chapter 405 or a health care practitioner as defined in section 1711‑C, subsection 1, paragraph F . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 110, §1 (NEW).]

5-B. Disclosure of records regarding certain minors. Certified or noncertified copies of vital records of an unaccompanied minor or emancipated minor must be made available to the minor and other individuals in accordance with the requirements of subsection 5 or, with the written permission of the minor, to the director of an emergency shelter program, runaway or homeless youth services organization or continuum of care agency at which the minor is a client, or the director's designee, or to a social worker, school administrator or teacher providing services to the minor. The state registrar shall make available the vital records of an unaccompanied minor or emancipated minor to the minor at no cost. For the purposes of this subsection, "unaccompanied minor" means a person who has not attained 18 years of age who is not accompanied by a parent or guardian at the time that the minor makes the request to obtain the minor's vital records or gives written permission for a person authorized under this subsection to receive the records on the minor's behalf. For the purposes of this subsection, "emancipated minor" means an individual ordered emancipated in accordance with Title 15, section 3506‑A . [PL 2025, c. 200, §1 (NEW).]

6. Address Confidentiality Program. Access to vital records may be further restricted within the parties listed in subsection 5 according to procedures of the Address Confidentiality Program under Title 5, section 90‑B . [PL 2009, c. 601, §12 (NEW).]

7. Public records. After 75 years from the date of birth for birth certificates, after 50 years from the date of death for fetal death certificates, after 25 years from the date of death for death certificates, after 50 years from the date of marriage for marriage certificates and after 50 years from the registration of domestic partnerships, any person may obtain noncertified copies of these vital records in accordance with the department's rules. Certificates and records of birth, marriage and death, including fetal death, created prior to 1892 are open to the public without restriction. All persons may purchase a copy on municipal letterhead or a noncertified copy of a vital record created prior to 1892. [PL 2011, c. 58, §1 (AMD).]

8. Genealogical research. Custodians of certificates and records of birth, marriage and death, including applications regarding notice of intentions to marry, shall permit inspection of records by and issue noncertified copies to researchers engaged in genealogical research who hold researcher identification cards, as specified by rule adopted by the department. The department shall adopt rules to implement this subsection. Rules adopted by the department pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 511, §5 (AMD).]
22 M.R.S. § 679-A — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 679-A
22 §679-A. Low-level radioactive waste management
Status: in_force

1. Designated. The department is designated as the agency to fulfill the state regulatory and enforcement requirements for the Texas Low-Level Radioactive Waste Disposal Compact, referred to in this chapter as the "compact." The department shall also execute the administrative requirements of the compact as defined in subsection 2, paragraph B . [PL 1993, c. 664, §10 (NEW).]

2. Duties of the department. The department shall: A. Develop rules to fulfill the State's responsibilities and requirements for the compact pursuant to the contract requirements set forth in Article IV, Section 4.05, subsections (1) to (4), (6) and (8) of the compact; and [PL 2011, c. 691, Pt. C, §5 (AMD).] B. Provide for the disbursement of funds from the Radioactive Waste Fund to fulfill the requirements of Article IV, Section 4.05, subsection (6) of the compact and to compensate the state commission member. [PL 2011, c. 691, Pt. C, §5 (AMD).] C. [PL 2011, c. 691, Pt. C, §5 (RP).] [PL 2011, c. 691, Pt. C, §5 (AMD).]

3. Employees. To fulfill the requirements of this section, the department may employ staff subject to the Civil Service Law. [PL 1993, c. 664, §10 (NEW).]
22 M.R.S. § 832-A — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 832-A
22 §832-A. Emergency blood-borne pathogen testing
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Aggressive blood-borne pathogen" means a blood-borne pathogen whose pathology is such that a person who has been exposed to the pathogen must receive medical treatment to have a chance to effectively neutralize the pathogen. [PL 2017, c. 292, §1 (NEW).] B. "Body fluids" means body fluids that are excreted or secreted from the body, including, but not limited to, urine, feces, blood or saliva. [PL 2017, c. 292, §1 (NEW).] C. "Emergency medical care provider" includes hospital personnel assisting in an emergency and emergency medical services persons, defined in Title 32, section 83, subsection 12 , but does not include a firefighter. [PL 2023, c. 455, §4 (AMD).] D. "Firefighter" has the same meaning as in Title 17‑A, section 752‑E, subsection 2 . [PL 2017, c. 292, §1 (NEW).] E. "First responder" means a law enforcement officer, firefighter or emergency medical care provider. [PL 2017, c. 292, §1 (NEW).] F. "Law enforcement officer" has the same meaning as in Title 17‑A, section 2, subsection 17 . [PL 2017, c. 292, §1 (NEW).] [PL 2023, c. 455, §4 (AMD).]

2. Testing; expedited hearing. When a first responder has been exposed to a person's body fluids in the course of the first responder's official duties, the first responder or the first responder's designee may ask the person whose body fluids were the source of exposure to the first responder to submit to a blood test. If the person refuses, the first responder may petition the court and, if there is reasonable cause to suspect that the person's body fluids might contain an aggressive blood-borne pathogen, the court may order that a hearing be held in accordance with the procedures set forth in section 832 , except that: A. Upon receipt by the District Court of the petition, the court shall schedule a hearing to be held within 72 hours of the filing of the petition; [PL 2017, c. 292, §1 (NEW).] B. Any appeal of the District Court's decision must be filed no later than 24 hours following the court's decision; and [PL 2017, c. 292, §1 (NEW).] C. Upon receipt by the Superior Court of an appeal under paragraph B , the court shall schedule a hearing to be held within 72 hours. [PL 2017, c. 292, §1 (NEW).] [PL 2017, c. 292, §1 (NEW).]
22 M.R.S. § 8202 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8202
22 §8202. Rules
Status: in_force

1. Rules promulgated. The department shall promulgate rules for child placing agencies which shall include, but need not be limited to, rules pertaining to the appropriateness of placement, the continued welfare of the child placed and licensing procedures. [PL 1975, c. 719, §6 (NEW).]

2. [PL 1977, c. 694, §380 (RP).]
22 M.R.S. § 1689-A — ME Code / Title 22 / Subtitle 2 / Chapter 270-C / Section 1689-A
22 §1689-A. Administrative authority
Status: in_force

The Maine Water Well Commission, as established in Title 5, section 12004‑G, subsection 13‑B , shall administer the program. The commission has the powers and duties set forth in Title 32, chapter 69‑C . [PL 2001, c. 209, Pt. A, §3 (AMD).]
22 M.R.S. § 1864 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1864
22 §1864. Expenditures not included
Status: in_force

To the extent consistent with Medicare and Medicaid law and regulation, disallowed expenditures shall not include amounts paid to any person for services rendered as follows: [PL 1983, c. 473 (NEW).]

1. Unfair labor practice. In the commission of any unfair labor practice out of necessity to obtain judicial review of a unit determination finding; [PL 1983, c. 473 (NEW).]

2. Contract negotiations. Reasonable expenses for contract negotiations or preparations therefor; [PL 1983, c. 473 (NEW).]

3. Disputes concerning contracts. Reasonable expenses associated with disputes concerning the interpretation of contracts; [PL 1983, c. 473 (NEW).]

4. Attorneys' fees. Expenses for attorneys' fees arising out of a court or agency proceeding or appeal or in preparation therefor; or [PL 1983, c. 473 (NEW).]

5. Educational instruction. Reasonable expenses for educational instruction of supervisors or management employees concerning state or federal labor laws. [PL 1983, c. 473 (NEW).]
22 M.R.S. § 3480-A — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3480-A
22 §3480-A. Confidential communications
Status: in_force

The confidential quality of communications under section 1711‑C , Title 24‑A, section 4224 and Title 32, sections 7005 and 18393 is abrogated to the extent allowable under federal law in relation to required reporting or cooperating with the department in an investigation or other protective activity under this chapter. Information released to the department pursuant to this section must be kept confidential and may not be disclosed by the department except as provided in section 3474 . [PL 2015, c. 429, §6 (AMD).]
22 M.R.S. § 2087 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2087
22 §2087. Rulemaking
Status: in_force

The bureau shall implement this chapter pursuant to rules adopted in accordance with the Maine Administrative Procedure Act. The rules must include but are not limited to: [PL 1993, c. 308, §1 (NEW).]

1. Administration. Standards and procedures for the administration of this chapter; [PL 1993, c. 308, §1 (NEW).]

2. Exceptions. Procedures and criteria for exceptions to the prohibitions set forth in section 2085 ; [PL 1993, c. 308, §1 (NEW).]

3. Compliance. Procedures and criteria for determining practical compliance with the community needs and alternative financing criteria in section 2085 ; [PL 1993, c. 308, §1 (NEW).]

4. Complete opinion. Procedures and criteria for determining when a written request for an opinion set forth in section 2085 is complete; and [PL 1993, c. 308, §1 (NEW).]

5. Applicability. Procedures and criteria for advising health care practitioners of the applicability of this chapter to practices pursuant to written requests. [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 4309 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4309
22 §4309. Eligibility
Status: in_force

1. Eligibility of applicant; duration of eligibility. The overseer shall determine eligibility each time a person applies or reapplies for general assistance pursuant to this chapter and the ordinance adopted by the municipality in accordance with section 4305 . The period of eligibility must not exceed one month. At the expiration of that period the person may reapply for assistance and the person's eligibility may be redetermined. [PL 1989, c. 840, §4 (AMD).]

1-A. Determination of eligibility; applicant's responsibilities. Applicants for general assistance are responsible for providing to the overseer all information necessary to determine eligibility. If further information or documentation is necessary to demonstrate eligibility, the applicant must have the first opportunity to provide the specific information or documentation required by the overseer. When information required by the overseer is unavailable, the overseer must accept alternative available information, which is subject to verification. [PL 1989, c. 840, §5 (NEW).]

1-B. Determination of eligibility; overseer's responsibilities. In order to determine an applicant's eligibility for general assistance, the overseer first must seek information and documentation from the applicant. Once the applicant has presented the necessary information, the overseer is responsible for determining eligibility. The overseer may seek verification necessary to determine eligibility. In order to determine eligibility, the overseer may contact sources other than the applicant for verification only with the specific knowledge and consent of the applicant, except that the overseer may examine public records without the applicant's knowledge and consent. Assistance may be denied or terminated if the applicant is unwilling to supply the overseer with necessary information, documentation, or permission to make collateral contacts, or if the overseer can not determine that eligibility exists based on information supplied by the applicant or others. [PL 1989, c. 840, §5 (NEW).]

2. Redetermination of eligibility. The overseer may redetermine a person's eligibility at any time during the period that person is receiving assistance if the overseer is notified of any change in the recipient's circumstances that may affect the amount of assistance to which the recipient is entitled or that may make the recipient ineligible, provided that once a determination of eligibility has been made for a specific time period, a reduction in assistance for that time period may not be made without prior written notice to the recipient with the reasons for the action and an opportunity for the recipient to receive a fair hearing upon the proposed change. [PL 1989, c. 840, §6 (AMD).]

3. Eligibility of members of person's household. Failure of an otherwise eligible person to comply with this chapter shall not affect the general assistance eligibility of any member of the person's household who is not capable of working, including at least: A. A dependent minor child; [PL 1983, c. 577, §1 (NEW).] B. An elderly, ill or disabled person; and [PL 1983, c. 577, §1 (NEW).] C. A person whose presence is required in order to provide care for any child under the age of 6 years or for any ill or disabled member of the household. [PL 1983, c. 577, §1 (NEW).] [PL 1983, c. 577, §1 (NEW).]

4. Eligibility of minors who are parents. An otherwise eligible person under the age of 18 who has never married and who has a dependent child or is pregnant is eligible only if that person and child reside in a dwelling maintained by a parent or other adult relative as that parent's or relative's own home or in a foster home or other adult-supervised supportive living arrangement unless: A. The person has no living parent or the whereabouts of both parents are unknown; [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. SS, §3 (NEW); PL 1991, c. 591, Pt. SS, §3 (NEW).] B. No parent will permit the person to live in the parent's home; [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. SS, §3 (NEW); PL 1991, c. 591, Pt. SS, §3 (NEW).] C. The department determines that the physical or emotional health or safety of the person or dependent child would be jeopardized if that person and dependent child lived with a parent; [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. SS, §3 (NEW); PL 1991, c. 591, Pt. SS, §3 (NEW).] D. The individual has lived apart from both parents for a period of at least one year before the birth of any dependent child; or [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. SS, §3 (NEW); PL 1991, c. 591, Pt. SS, §3 (NEW).] E. The department determines, in accordance with rules adopted pursuant to this section, which must be in accordance with federal regulations, that there is good cause to waive this requirement. [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. SS, §3 (NEW); PL 1991, c. 591, Pt. SS, §3 (NEW).] For the purposes of this subsection, "parent" includes legal guardian. [PL 2023, c. 405, Pt. A, §67 (AMD).]

5. Presumptive eligibility. The overseer in a municipality shall presume eligibility to receive general assistance of a person who is provided shelter in an emergency shelter for the homeless located in that municipality. After 30 days, that person's eligibility must be redetermined. When presumptive eligibility is determined under this subsection, no other municipality may be determined to be the municipality of responsibility during that 30-day period. [PL 2019, c. 515, §3 (NEW).]

6. Eligibility; recovery residence; exception. The overseer in a municipality may not deny general assistance to a person for the sole reason that the person is residing in a recovery residence. Beginning July 1, 2022, a municipality may not provide housing assistance to a person residing in a recovery residence that has not been certified in accordance with Title 5, section 20005, subsection 22, except that the person may receive housing assistance while residing in an uncertified recovery residence for one 30-day period only and the overseer shall inform the person of the requirements of this subsection. A person who is ineligible for housing assistance under this subsection may remain eligible to receive general assistance for other basic necessities. Upon request by a person residing in a certified recovery residence who has been determined eligible for housing assistance, a municipality shall issue a housing assistance payment to the operator of the certified recovery residence instead of to a landlord. [PL 2023, c. 133, §3 (AMD).]
22 M.R.S. § 2698 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2698
22 §2698. Investigation by Attorney General
Status: in_force

The Attorney General, upon the Attorney General's own initiative or upon petition of the commissioner or of 50 or more residents of the State, shall investigate suspected violations of this subchapter. [PL 1999, c. 786, Pt. A, §3 (NEW).]

The Attorney General may require, by summons, the attendance and testimony of witnesses and the production of books and papers before the Attorney General related to any such matter under investigation. The summons must be served in the same manner as summonses for witnesses in criminal cases, and all provisions of law related to criminal cases apply to summonses issued under this section so far as they are applicable. All investigations or hearings under this section to which witnesses are summoned or called upon to testify or to produce books, records or correspondence are public or private at the choice of the person summoned and must be held in the county where the act to be investigated is alleged to have been committed, or if the investigation is on petition, it must be held in the county in which the petitioners reside. The expense of the investigation must be paid from the appropriation provided in Title 5, section 203 . [PL 1999, c. 786, Pt. A, §3 (NEW).]

A Justice of the Superior Court may by order, upon application of the Attorney General, compel the attendance of witnesses, the production of books and papers, including correspondence, and the giving of testimony before the Attorney General in the same manner and to the same extent as before the Superior Court. Any failure to obey such an order may be punishable by that court as a contempt. [PL 1999, c. 786, Pt. A, §3 (NEW).]
22 M.R.S. § 1645 — ME Code / Title 22 / Subtitle 2 / Chapter 266-B / Section 1645
22 §1645. Lyme disease and other tick-borne illnesses; annual report
Status: in_force

1. Report contents. The Maine Center for Disease Control and Prevention shall, on an ongoing basis, monitor, review and evaluate Lyme disease and other tick-borne illnesses in this State and shall submit an annual report in accordance with this subsection and subsection 2 . The report must include at a minimum and to the extent information is available: A. The incidence of Lyme disease and other tick-borne illnesses in this State; [PL 2007, c. 561, §1 (NEW).] B. The diagnosis and treatment guidelines for Lyme disease recommended by the Maine Center for Disease Control and Prevention and the United States Department of Health and Human Services, Centers for Disease Control and Prevention; [PL 2009, c. 494, §2 (AMD).] C. A summary or bibliography of peer-reviewed medical literature and studies related to the diagnosis, medical management and treatment of Lyme disease and other tick-borne illnesses, including, but not limited to, the recognition of chronic Lyme disease and the use of long-term antibiotic treatment; [PL 2009, c. 494, §3 (AMD).] D. The education, training and guidance provided by the Maine Center for Disease Control and Prevention to health care professionals on the current methods of diagnosing and treating Lyme disease and other tick-borne illnesses; [PL 2007, c. 561, §1 (NEW).] E. The education and public awareness activities conducted by the Maine Center for Disease Control and Prevention for the prevention of Lyme disease and other tick-borne illnesses; and [PL 2007, c. 561, §1 (NEW).] F. A summary of the laws of other states enacted during the last year related to the diagnosis, treatment and insurance coverage for Lyme disease and other tick-borne illnesses based on resources made available by the federal Centers for Disease Control and Prevention or other organizations. [PL 2007, c. 561, §1 (NEW).] [PL 2009, c. 494, §§2, 3 (AMD).]

2. Annual report. Beginning February 1, 2009 and annually by February 1st thereafter, the Maine Center for Disease Control and Prevention shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over health insurance matters. In addition to the information required under subsection 1 , the report may include recommendations for legislation to address public health programs for the prevention and treatment of Lyme disease and other tick-borne illnesses in this State. [PL 2007, c. 561, §1 (NEW).]

3. Publicly accessible website. The Maine Center for Disease Control and Prevention shall maintain a publicly accessible website to provide public awareness and education on Lyme disease and other tick-borne illnesses. The website must provide information on the prevention, diagnosis and treatment of Lyme disease and other tick-borne illnesses for use by health care providers and the public, including, but not limited to, links to resources made available and recommended by the United States Department of Health and Human Services. [PL 2009, c. 494, §4 (NEW).]
22 M.R.S. § 3948 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3948
22 §3948. Placement of Indian children
Status: in_force

1. Adoptive placements; preferences. In an adoptive placement of an Indian child under the laws of this State, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below: A. An extended family member of the Indian child; [PL 2023, c. 359, §5 (NEW).] B. Another member or citizen of the Indian child's tribe; [PL 2023, c. 359, §5 (NEW).] C. A member or citizen of an Indian tribe in which the Indian child is eligible for membership or citizenship, but that is not the Indian child's tribe; [PL 2023, c. 359, §5 (NEW).] D. Another Indian with whom the Indian child has a relationship; or [PL 2023, c. 359, §5 (NEW).] E. Another Indian from a tribe that is culturally similar to or linguistically connected to the Indian child's tribe. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

2. Foster care or preadoptive placements; criteria; preferences. An Indian child accepted for foster care placement or preadoptive placement must be placed in the least restrictive setting that most approximates a family and in which that Indian child's special needs, if any, may be met. The Indian child must also be placed within reasonable proximity to that Indian child's home, taking into account any special needs of the child. In any foster care placement or preadoptive placement, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below: A. An extended family member of the Indian child; [PL 2023, c. 359, §5 (NEW).] B. A foster home licensed, approved or specified by the Indian child's tribe; [PL 2023, c. 359, §5 (NEW).] C. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or [PL 2023, c. 359, §5 (NEW).] D. An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

3. Good cause to deviate from placement preferences. The party seeking departure from the placement preferences under this section bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and may be based on one or more of the following considerations: A. The request of one or both of the Indian child's parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference; [PL 2023, c. 359, §5 (NEW).] B. The request of the Indian child, if the Indian child is of sufficient age and capacity to understand the decision that is being made; [PL 2023, c. 359, §5 (NEW).] C. The presence of a sibling attachment that can be maintained only through a particular placement; [PL 2023, c. 359, §5 (NEW).] D. The extraordinary physical, mental or emotional needs of the Indian child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live; or [PL 2023, c. 359, §5 (NEW).] E. The unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but none has been located. For purposes of a determination under this paragraph, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. [PL 2023, c. 359, §5 (NEW).] A placement may not depart from the preferences under this section based on the socioeconomic status of any placement relative to another placement. A placement may not depart from the preferences based solely on ordinary bonding or attachment that developed from time spent in a nonpreferred placement that was made in violation of this Act. [PL 2023, c. 359, §5 (NEW).]

4. Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences. In the case of a placement under subsection 1 or 2 , if the Indian child's tribe establishes a different order of preference by resolution, the agency or court effecting the placement shall follow that order as long as the placement is the least restrictive setting appropriate to the particular needs of the Indian child, as provided in subsection 2 . When appropriate, the preference of the Indian child or parent must be considered. When a consenting parent evidences a desire for anonymity, the court or agency must give weight to such desire in applying the preferences. [PL 2023, c. 359, §5 (NEW).]

5. Social and cultural standards applicable. The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. [PL 2023, c. 359, §5 (NEW).]

6. Record of placement; availability. A record of each placement under this section of an Indian child must be maintained by the State, including evidence of the efforts made to comply with the order of preference specified in this section. The record must be made available at any time upon the request of the United States Secretary of the Interior or the Indian child's tribe. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 816 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 816
22 §816. Immunity
Status: in_force

1. For private institutions. Any private institution, its employees or agents are immune from civil liability to the extent provided in Title 14, chapter 741 , as if that institution were a state agency and its employees and agents were state employees, for any acts taken to provide for the confinement or restraint of a person committed pursuant to this chapter or for participating in reporting under this chapter, or for engaging in any prescribed care within the meaning of this chapter in support of the State's response to a declared extreme public health emergency in accordance with the provisions of this chapter and Title 37‑B, chapter 13, subchapter 2 . [PL 2003, c. 438, §1 (AMD).]

1-A. Health care workforce. A private institution is immune from civil penalties and liability for any actions arising from allegations of inadequate investigation prior to that institution's hiring or engagement of a licensed health care worker, including but not limited to allegations of negligent hiring, credentialing or privileging, for services provided within the scope of that health care worker's licensure in response to an extreme public health emergency as defined in section 801, subsection 4‑A or a disaster as defined in Title 37‑B, section 703, subsection 2 as long as the private institution hires or engages the services of the licensed health care worker in accordance with this subsection. When hiring or engaging the services of a health care worker: A. The private institution shall first make a reasonable attempt to contact the appropriate occupational or professional licensing board within or affiliated with the Department of Professional and Financial Regulation for any available information about that health care worker; and [PL 2005, c. 630, §1 (NEW).] B. A private institution may rely on: (1) Information available from the occupational and professional licensing boards within or affiliated with the Department of Professional and Financial Regulation regarding appropriate screening of the worker, such as background investigation, primary source verification or credentialing; (2) The representation of a volunteer health care worker registry that is operated or certified in accordance with federal or state requirements regarding appropriate screening of the worker that is registered on that registry, such as background investigation, primary source verification or credentialing; (3) The representation of the employing or privileging entity regarding appropriate screening of the worker that, at the time of hiring or engagement, is employed or privileged by any entity in any state, such as background investigation, primary source verification, credentialing or privileging; or (4) The representation of a retired or unemployed worker's most recent employer or privileging entity if that employment or privileging occurred within the previous 24 months. [PL 2005, c. 630, §1 (NEW).] A private institution that complies with this subsection may hire or engage the services of a licensed health care worker and is deemed in compliance with all state licensing standards. The private institution shall initiate the standard preemployment screening process within 48 hours of the official termination of the extreme public health emergency as defined in section 801, subsection 4‑A or disaster as defined in Title 37‑B, section 703, subsection 2 . [PL 2005, c. 630, §1 (NEW).]

2. Reporting and proceedings. Any person participating in reporting under this chapter or participating in a related communicable disease investigation or proceeding, including, but not limited to, any person serving on or assisting a multidisciplinary intervention team or other investigating or treatment team, is immune from civil liability for the act of reporting or participating in the investigation or proceeding in good faith. Good faith does not include instances when a false report is made and the reporting person knows or should know the report is false. [PL 1989, c. 487, §11 (NEW).]

3. For public institutions or employees. Immunity for public institutions and employees shall be governed by Title 14, chapter 741 . [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 4039 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4039
22 §4039. Enforcement of custody orders
Status: in_force

When the court has ordered a change in the custody of a child and a person not entitled to custody refuses to relinquish physical custody to the custodian, then, at the request of the department or custodian, a law enforcement officer may take any necessary and reasonable action to obtain physical custody of the child for the rightful custodian. Necessary and reasonable action may include entering public or private property with a warrant based on probable cause to believe that the child is there. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 3086 — ME Code / Title 22 / Subtitle 2 / Chapter 715-A / Section 3086
22 §3086. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 494 (NEW).]

1. Acquired brain injury. "Acquired brain injury" means an insult to the brain resulting directly or indirectly from trauma, anoxia, vascular lesions or infection, which: A. Is not of a degenerative or congenital nature; [PL 1989, c. 501, Pt. P, §26 (NEW).] B. Can produce a diminished or altered state of consciousness resulting in impairment of cognitive abilities or physical functioning; [PL 1989, c. 501, Pt. P, §26 (NEW).] C. Can result in the disturbance of behavioral or emotional functioning; [PL 1989, c. 501, Pt. P, §26 (NEW).] D. Can be either temporary or permanent; and [PL 1989, c. 501, Pt. P, §26 (NEW).] E. Can cause partial or total functional disability or psychosocial maladjustment. [PL 1989, c. 501, Pt. P, §26 (NEW).] [PL 2011, c. 293, §1 (AMD).]