22 M.R.S. § 2512 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2512
22 §2512. Powers and duties of the commissioner
Status: in_force

The commissioner shall implement a meat and poultry products inspection and licensing program that imposes and enforces requirements with respect to intrastate operations and commerce that are at least as stringent as those imposed and enforced under the federal acts with respect to operations and transactions in interstate commerce. The Department of Agriculture, Conservation and Forestry is designated as the state agency to administer this chapter and to cooperate with the Secretary of Agriculture of the United States in developing and administering the state meat inspection program. [PL 1999, c. 777, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

1. Duties. The commissioner shall: A. Require ante mortem and post mortem inspections, quarantine, segregation and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments in this State, except those exempted under section 2517‑C or 2517‑E or exempted by the commissioner under subsection 2, paragraph K , at which livestock or poultry are slaughtered or livestock products or poultry products are prepared for human food solely for distribution in intrastate commerce; [PL 2019, c. 73, §2 (AMD).] B. Require the identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, as "Maine Inspected and Passed" if the products are not found upon inspection to be adulterated and "Maine Inspected and Condemned" if they are found upon inspection to be adulterated and the destruction for food purposes of all the condemned products under the supervision of an inspector; [PL 1999, c. 777, §1 (NEW).] C. Prohibit the entry into official establishments of livestock products and poultry products not prepared under federal inspection or inspection pursuant to this chapter and further limit the entry of these articles and other materials into licensed establishments under conditions that the commissioner determines necessary to carry out the purposes of this chapter; [PL 1999, c. 777, §1 (NEW).] D. Require that when livestock products and poultry products leave official establishments they bear directly on the products or on their containers, or both, as the commissioner may require, all information required under section 2511, subsection 29 and require approval of all labeling and containers to be used for the products when sold or transported in intrastate commerce to ensure that they comply with the requirements of this chapter; [PL 1999, c. 777, §1 (NEW).] E. Investigate the sanitary conditions of each licensed or official establishment under paragraph A and withdraw or otherwise refuse to provide inspection service at a licensed or official establishment where the sanitary conditions are such as to render adulterated the livestock products or poultry products prepared or handled there; [PL 1999, c. 777, §1 (NEW).] F. Establish standards relating to sanitation for all establishments required to have inspection under paragraph A or required to be licensed under section 2514 ; and [PL 1999, c. 777, §1 (NEW).] G. Require that persons licensed under this chapter keep records; fully and correctly disclose all transactions involved in their business; and afford to the commissioner and the commissioner's representatives, including representatives of other governmental agencies designated by the commissioner, access to their places of business and opportunity, at all reasonable times, to examine the facilities, inventory and records, to copy the records and to take reasonable samples of the inventory upon the payment of the fair market value. [PL 1999, c. 777, §1 (NEW).] [PL 2019, c. 73, §2 (AMD).]

2. Powers. The commissioner may: A. Remove inspectors from an official establishment that fails to destroy condemned products as required by subsection 1, paragraph B ; [PL 1999, c. 777, §1 (NEW).] B. Refuse to provide inspection service under this chapter with respect to an official establishment for reasons specified in the Federal Meat Inspection Act, Section 401 or the Poultry Products Inspection Act, Section 18 or for any other violation of this chapter or the rules adopted under it; [PL 2021, c. 64, §12 (AMD).] C. Order labeling and containers to be withheld from use if the commissioner determines that the labeling is false or misleading or the containers are of a misleading size or form; [PL 1999, c. 777, §1 (NEW).] D. [PL 2021, c. 64, §13 (RP).] E. Authorize inspection to continue at an official establishment on state holidays or beyond the regular work shift or workweek for state inspectors as long as the necessary inspectors are available and the official establishment pays all overtime salaries for inspections necessary to keep the plant open and other expenses caused by the overtime employment; [PL 2021, c. 64, §14 (AMD).] F. Adopt by reference, or otherwise, provisions of the rules under the federal acts with changes as the commissioner determines appropriate to make those provisions applicable to operations and transactions subject to this chapter that have the same effect as if adopted under this chapter. The commissioner may adopt other rules of practice providing an opportunity for hearing in connection with the issuance of orders under paragraph A , B or C or subsection 1, paragraph E and establishing a procedure for proceedings in these cases. This paragraph does not preclude a requirement that a label or container be withheld from use or a refusal of inspection under paragraph A or C or subsection 1, paragraph E pending issuance of a final order in a proceeding; [PL 1999, c. 777, §1 (NEW).] G. Appoint and prescribe the duties of a director, inspectors and other personnel that the commissioner determines necessary to carry out the purposes of this chapter; [PL 1999, c. 777, §1 (NEW).] H. Cooperate with the Secretary of Agriculture of the United States in administration of this chapter to carry out the purposes of this chapter, accept federal assistance for that purpose and spend public funds of this State appropriated for administration of this chapter to pay the State's proportionate share of the estimated total cost of the cooperative program; [PL 1999, c. 777, §1 (NEW).] I. Recommend to the Secretary of Agriculture of the United States officials or employees of the Department of Agriculture, Conservation and Forestry for appointment to the advisory committees provided for in the federal acts; [PL 1999, c. 777, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] J. Serve as the representative of the Governor for consultation with the Secretary of Agriculture under the Federal Meat Inspection Act, Section 301, Subsection (c) and the Poultry Products Inspection Act, Section 5, Subsection (c) unless the Governor selects another representative; [PL 2021, c. 64, §15 (AMD).] K. Exempt the operations of a person from inspection or other requirements of this chapter if and to the extent the operations would be exempt from the corresponding requirements under the federal acts if the operations were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce; [PL 1999, c. 777, §1 (NEW).] L. Require a retail vendor that affixes labels with a date to meat, meat food products or poultry products to clearly and conspicuously post its policy concerning date of sale labeling to enable consumers to understand the policy; [PL 1999, c. 777, §1 (NEW).] M. Exempt a livestock producer that sells directly to consumers or inspected slaughterhouses in carcass form from the licensing requirements of section 2514 . To be eligible for this exemption, the livestock must be slaughtered under inspection and the producer shall relinquish control of the carcass at the slaughterhouse. Payment for the carcasses is based on hanging weight rather than live weight. This exemption does not apply to retail operations or poultry; [PL 1999, c. 777, §1 (NEW).] N. Establish the sizes and style of type to be used for labeling information required under this chapter and definitions and standards of identity or composition or standards of fill of container consistent with federal standards when the commissioner determines the action appropriate for the protection of the public; [PL 1999, c. 777, §1 (NEW).] O. Establish conditions for storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing or transporting these products in or for intrastate commerce to ensure that these products are not adulterated or misbranded when delivered to the consumer; [PL 2019, c. 633, §1 (AMD).] P. Establish the method for providing voluntary inspection and withdrawal of voluntary inspection of exotic animals, domesticated deer, domestic rabbits and amenable species. These rules may also provide for the inspection of meat and meat food products derived from those animals. The commissioner shall provide voluntary inspection of exotic animals, domesticated deer, domestic rabbits and amenable species produced in the State, including the inspection of meat and meat food products derived from exotic animals, domesticated deer, domestic rabbits and amenable species, for which the commissioner shall charge an hourly fee. The commissioner shall charge per hour for inspection of meat and meat food products processed in the State but derived from exotic animals, domesticated deer, domestic rabbits and amenable species; and [PL 2021, c. 64, §16 (AMD).] Q. Establish procedures for the disposition of inspected meat, meat products, poultry and poultry products that have been found to be misbranded but not found to be adulterated. [PL 2019, c. 633, §3 (NEW).] [PL 2021, c. 64, §§12-16 (AMD).]
22 M.R.S. § 1322-C — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1322-C
22 §1322-C. Laboratory certification
Status: in_force

By July 1, 1993, the department shall adopt rules regarding the analysis of lead in environmental media, including, but not limited to, air, dust, soil, paint, pewter, pottery and water and shall establish a program to certify laboratories that perform lead analysis to ensure that those laboratories comply with the rules adopted under this section. [PL 1991, c. 810, §30 (NEW).]
22 M.R.S. § 7248 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7248
22 §7248. Controlled Substances Prescription Monitoring Program
Status: in_force

1. Establishment of monitoring program. Contingent upon the receipt of funds pursuant to section 7247 sufficient to carry out the purposes of this chapter, the Controlled Substances Prescription Monitoring Program is established. No later than January 2, 2004, to implement the program, the department shall establish an electronic system for monitoring any controlled substance that is dispensed to a person in the State by a dispenser. [PL 2011, c. 657, Pt. AA, §67 (AMD).]

2. Contract for services. The department may contract with a vendor to establish and maintain the program pursuant to rules adopted by the department. [PL 2011, c. 657, Pt. AA, §67 (AMD).]

3. Information available. The program must rapidly provide information in an electronic format to prescribers and dispensers. [PL 2003, c. 483, §1 (NEW).]
22 M.R.S. § 3825 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3825
22 §3825. Exceptions to collections from minors
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "AFDC" means the Aid to Families with Dependent Children program administered pursuant to former chapter 1053 . [PL 2001, c. 551, §2 (NEW).] B. "TANF" means the Temporary Assistance for Needy Families program, under the United States Social Security Act, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. [PL 2001, c. 551, §2 (NEW).] C. "SNAP" means the Supplemental Nutrition Assistance Program established under chapter 851 . [PL 2023, c. 405, Pt. C, §13 (NEW).] [PL 2023, c. 405, Pt. C, §13 (AMD).]

2. TANF and SNAP. To the extent allowable by federal law, a TANF or SNAP overpayment may not be collected from a person who was a minor dependent in the household at the time the overpayment accrued. [PL 2023, c. 405, Pt. C, §14 (AMD).]

3. AFDC. If the caretaker relative and all adult members of an overpaid assistance unit can not be located, are deceased or have had the overpayment discharged in bankruptcy and a minor dependent member of the overpaid assistance unit is receiving benefits from AFDC or TANF, or its successor programs, the department may reduce benefits to the extent required by federal law. To the extent allowable by federal law, the department may not otherwise seek to recover overpaid benefits from anyone who was a minor dependent member of the AFDC assistance unit at the time that the AFDC overpayment accrued. [PL 2001, c. 551, §2 (NEW).]

4. Rulemaking. The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 551, §2 (NEW).]
22 M.R.S. § 2761-C — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2761-C
22 §2761-C. Certificate of birth resulting in stillbirth
Status: in_force

Upon request of a parent, in the event of an unintentional intrauterine death of a fetus of 20 or more weeks of gestation, the department shall issue a certificate of birth resulting in stillbirth bearing the official seal of the State. The certificate must be based upon information drawn from a previously filed certificate of fetal death under section 2841 . [PL 2009, c. 311, §1 (NEW).]
22 M.R.S. § 2054 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2054
22 §2054. Health Facilities Authority; executive director
Status: in_force

1. Authority. The Maine Health and Higher Educational Facilities Authority, established by Title 5, chapter 379 , is constituted a public body corporate and politic and an instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is deemed and held to be the performance of an essential public function. The authority consists of 12 members, one of whom must be the Superintendent of Financial Institutions, ex officio; one of whom must be the Commissioner of Health and Human Services, ex officio; one of whom must be the Commissioner of Education, ex officio; one of whom must be the Treasurer of State, ex officio; and 8 of whom must be residents of the State appointed by the Governor. Not more than 4 of the appointed members may be members of the same political party. Three of the appointed members must be trustees, directors, officers or employees of health care facilities and one of these appointed members must be a person having a favorable reputation for skill, knowledge and experience in state and municipal finance, either as a partner, officer or employee of an investment banking firm that originates and purchases state and municipal securities, or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio. Of the 3 members first appointed who are trustees, directors, officers or employees of hospitals, one shall serve for 2 years, one for 3 years and one for 4 years. Of the 5 remaining members initially appointed, one shall serve for one year, one for 2 years, one for 3 years, one for 4 years and one for 5 years. For the 2 members whose terms expire in 1980 and 1981, the Governor shall appoint as successors, for terms of 5 years each, persons who are trustees, members of a corporation or board of governors, officers or employees of institutions for higher education. Annually, the Governor shall appoint, for a term of 5 years, a successor to the member whose term expires. Members shall continue in office until their successors have been appointed and qualified. The Governor shall fill any vacancy for the unexpired terms. A member of the authority is eligible for reappointment. Any non-ex officio member of the authority may be removed by the Governor, after hearing, for misfeasance, malfeasance or willful neglect of duty. Each member of the authority before entering upon the member's duties must take and subscribe the oath or affirmation required by the Constitution of Maine, Article IX. A record of each such oath must be filed in the office of the Secretary of State. The Superintendent of Financial Institutions, the Treasurer of State, the Commissioner of Health and Human Services and the Commissioner of Education may designate their deputies to represent them with full authority and power to act and vote in their behalf or, in the case of the Superintendent of Financial Institutions, the Commissioner of Health and Human Services and the Commissioner of Education, any member of their staffs to represent them as members at meetings of the authority with full power to act and, in the case of the Superintendent of Financial Institutions, the Commissioner of Health and Human Services and the Commissioner of Education, to vote in their behalf. [PL 1993, c. 390, §10 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Chair, vice-chair; executive director. The authority shall annually elect one of its members as chair and one as vice-chair and shall also appoint an executive director who is not a member of the authority and who serves at the pleasure of the authority and receives such compensation as set by the authority. [RR 2021, c. 2, Pt. B, §114 (COR).]

3. Duties of executive director. The executive director shall keep a record of the proceedings of the authority and is the custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon the certificates. [RR 2021, c. 2, Pt. B, §115 (COR).]

4. Powers of authority. The powers of the authority are vested in its members, and 5 members of the authority constitute a quorum at any meeting of the authority. A vacancy in the membership of the authority does not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. An action taken by the authority under this chapter may be authorized by resolution approved by a majority of the members present at any regular or special meeting, which resolution takes effect immediately, or an action taken by the authority may be authorized by a resolution circularized or sent to each member of the authority, which resolution takes effect at such time as a majority of the members have signed an assent to such resolution. Resolutions of the authority need not be published or posted. The authority may delegate by resolution to one or more of its members or its executive director such powers and duties as it considers proper. The authority may meet by telephonic, video, electronic or other similar means of communication with less than a quorum assembled physically at the location of a public proceeding identified in the notice required by Title 1, section 406 only if: A. Each member can hear all other members, speak to all other members and, to the extent reasonably practicable, see all other members by videoconferencing or other similar means of communication during the public proceeding, and members of the public attending the public proceeding at the location identified in the notice required by Title 1, section 406 are able to hear and, to the extent reasonably practicable, see all members participating from other locations by videoconferencing or other similar means of communication; [PL 2015, c. 449, §2 (NEW).] B. Each member who is not physically present at the location of the public proceeding and who is participating through telephonic, video, electronic or other similar means of communication identifies all persons present at the location from which the member is participating; [PL 2015, c. 449, §2 (NEW).] C. A member who participates while not physically present at the location of the public proceeding identified in the notice required by Title 1, section 406 does so only when the member's attendance is not reasonably practical. The reason that the member's attendance is not reasonably practical must be stated in the minutes of the meeting; and [PL 2015, c. 449, §2 (NEW).] D. Each member who is not physically present at the location of the public proceeding and who is participating through telephonic, video, electronic or other similar means of communication has received prior to the public proceeding all documents and materials discussed at the public proceeding, with substantially the same content as those presented at the public proceeding. Documents or other materials made available at the public proceeding may be transmitted to the member not physically present during the public proceeding if the transmission technology is available. Failure to comply with this paragraph does not invalidate an action taken by the authority at the public proceeding. [PL 2015, c. 449, §2 (NEW).] [PL 2015, c. 449, §2 (AMD).]

5. Bond. Each member of the authority shall execute a surety bond in the penal sum of $50,000 and the executive director shall execute a surety bond in the penal sum of $100,000, or, in lieu thereof, the chair of the authority shall execute a blanket position bond covering each member, the executive director and the employees of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this State as surety and to be approved by the Attorney General and filed in the office of the Secretary of State. The cost of each bond must be paid by the authority. [RR 2021, c. 2, Pt. B, §116 (COR).]

6. Expenses. The members of the authority shall be compensated according to the provisions of Title 5, chapter 379 . [PL 1983, c. 812, §125 (RPR).]

7. Conflict of interest. Notwithstanding any other law to the contrary, it does not constitute a conflict of interest for a trustee, director, officer or employee of a health care facility or a participating institution providing an educational program or for a trustee, member of a corporation or board of governors, officer or employee of an institution for higher education to serve as a member of the authority if that trustee, director, member of a corporation or board of governors, officer or employee abstains from deliberation, action and vote by the authority under this chapter in specific respect to the health care facility, institution for higher education or participating institution providing an educational program of which that member is a trustee, director, member of a corporation or board of governors, officer or employee. [PL 2007, c. 354, §8 (AMD).]
22 M.R.S. § 2887 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2887
22 §2887. Expenses
Status: in_force

Neither the State nor any county or municipality, nor any officer, agent or servant thereof shall be at any expense by reason of the delivery or distribution of any such body, but all the expenses thereof, and of said board of distribution, shall be paid by those receiving the bodies in such manner as shall be specified by said board of distribution.
22 M.R.S. § 1313-A — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1313-A
22 §1313-A. Provisions for immediate destruction of certain animals
Status: in_force

If an undomesticated animal suspected of having rabies bites or may have otherwise exposed to rabies a person or a domestic animal, an animal control officer or a game warden shall immediately either remove the undomesticated animal or cause the undomesticated animal to be removed and euthanized for testing. If a wolf hybrid suspected of having rabies bites or may have otherwise exposed to rabies a person or a domestic animal, an animal control officer or a law enforcement officer shall immediately cause the animal to be euthanized for testing. When in the judgment of the animal control officer, game warden or law enforcement officer the animal poses an immediate threat to a person or domestic animal, the animal control officer, game warden or law enforcement officer may immediately kill or order killed that animal without destroying the head. The Department of Inland Fisheries and Wildlife shall arrange for the transportation of the head to the State Health and Environmental Testing Laboratory, except that the animal control officer shall make the arrangements if the animal is a wolf hybrid. [PL 2007, c. 598, §11 (AMD).]

The Department of Inland Fisheries and Wildlife shall pay transportation and testing costs for undomesticated animals. The owner of a domesticated ferret, domesticated wolf or domesticated wolf hybrid shall pay transportation and testing costs for that animal. [PL 1993, c. 468, §23 (NEW).]
22 M.R.S. § 3174-W — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-W
22 §3174-W. Procedure for home health care changes (REALLOCATED FROM TITLE 22, SECTION 3174-U)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-U)

Rules adopted by the department regarding access to home health care under the Medicaid program are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2003, c. 2, §73 (COR).]
22 M.R.S. § 1692-B — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1692-B
22 §1692-B. Investigations
Status: in_force

1. Access to reports and records. The Department of Health and Human Services must be given access to all confidential reports and records filed by physicians, hospitals or other private or public sector organizations, with all departments, agencies, commissions or boards of the State for the purpose of conducting investigations or evaluating the completeness or quality of data submitted to the department's disease surveillance programs. The department shall follow the data confidentiality requirements of the departments, agencies, commissions or boards of the State providing this information. Upon notification by the Department of Health and Human Services, physicians or hospitals shall provide to the department any further information requested for the purpose of conducting investigations or evaluating the completeness or quality of data submitted to the department's disease surveillance programs. [PL 1989, c. 844, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Limited immunity. A physician, hospital, or employee of a physician or hospital is not liable for any civil damages as a result of the department's use of information gathered under this section. This immunity is limited to legitimate activities pursued in good faith under this section. [PL 1989, c. 844, §2 (NEW).]

3. Adoption of rules. The department shall adopt rules governing the conditions under which and purposes for which the department may use identifying information under this section. The rules must ensure that: A. Identifying information is used only to gain access to medical records and other medical information pertaining to an investigation designed to accomplish public health research of substantial public importance; [PL 1989, c. 844, §2 (NEW).] B. Medical information about an identified patient is not sought from any person without the consent of that patient except when the information sought pertains solely to verification or comparison of health data that the department is otherwise authorized by law to collect and the department finds that confidentiality can be adequately protected without patient consent; [PL 1989, c. 844, §2 (NEW).] C. Those persons conducting the investigation do not disclose medical information about an identified patient to any other person except a health care practitioner responsible for treating the patient; [PL 1989, c. 844, §2 (NEW).] D. Those persons gaining access to medical information about an identified patient use that information to the minimum extent necessary to accomplish the purposes of the investigation; [PL 1989, c. 844, §2 (NEW).] E. The protocol for any investigation is designed to preserve the confidentiality of all medical information that can be associated with identified patients, to specify the manner in which contact is made with patients, and to maintain public confidence in the protection of confidential information; [PL 1989, c. 844, §2 (NEW).] F. An advisory body, independent from the department, is established and charged with responsibility for approving the protocol of the investigation, overseeing the conduct of the investigation to assure consistency with the protocol and the department's rules, and assessing both the scientific validity of the investigation and its effects upon patients; [PL 1989, c. 844, §2 (NEW).] G. The department does not seek information under this section if the proposed identification of or contact with patients or health care practitioners would diminish the confidentiality of medical information or the public's confidence in the protection of that information in a manner that outweighs the expected benefit to the public of the proposed investigation; and [PL 1989, c. 844, §2 (NEW).] H. Whenever a physician or hospital furnishes patient information requested by the department in accordance with this section, the department reimburses the physician or hospital for the reasonable costs incurred in providing the information. [PL 1989, c. 844, §2 (NEW).] [PL 1989, c. 844, §2 (NEW).]
22 M.R.S. § 2660-C — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-C
22 §2660-C. Maine Public Drinking Water Commission
Status: in_force

The Maine Public Drinking Water Commission as established by Title 5, section 12004‑I, subsection 47‑C , is created within the department. [PL 1995, c. 462, Pt. A, §42 (AMD).]

1. Membership. The commission consists of the commissioner or the commissioner's designee and 8 other members appointed by the Governor in accordance with the following provisions. A. [PL 2001, c. 232, §1 (RP).] A-1. Three of the members must represent the water purveying community and must be associated with public water systems. One of the 3 must be associated with a public water system serving a population of not more than 1,000 people, one must be associated with a public water system serving a population of at least 1,001 but not more than 10,000 people and one must be associated with a public water system serving a population greater than 10,000. [PL 2001, c. 232, §2 (NEW).] A-2. Two members must be users of noncommunity water systems. One of the 2 must be a user of a transient noncommunity water system and one must be a user of a nontransient, noncommunity water system. [PL 2001, c. 232, §2 (NEW).] B. Three of the members must represent the drinking water public. [PL 2001, c. 232, §3 (AMD).] C. All members appointed by the Governor must have demonstrated interest, knowledge, experience and expertise regarding public drinking water concerns. The Governor shall seek to appoint members who, to the greatest extent possible, are qualified by interest, education, training or experience to provide, assess and evaluate scientific and technical information regarding public drinking water concerns, financial and staffing requirements and the adoption of policies, standards and rules. [PL 1993, c. 410, Pt. DD, §4 (NEW).] D. The term of office for members appointed by the Governor is 4 years except that, of the original members appointed, 4 must be appointed for 2 years and 4 must be appointed for 4 years. The Governor shall make all original appointments within 60 days of the effective date of this section. Members may remain in office until their successors are appointed. If a vacancy occurs, the Governor shall appoint a replacement to fill the remaining portion of the unexpired term created by the vacancy. [PL 2003, c. 191, §1 (AMD).] [PL 2003, c. 191, §1 (AMD).]

2. Chair; vice-chair. At the first meeting of the commission, the members shall elect from among themselves a chair and a vice-chair. The chair and vice-chair serve for one-year terms. The chair and vice-chair may continue to hold those offices until their successors are elected. The chair calls meetings of the commission and presides over meetings. The vice-chair serves as the chair in the absence of the chair. The commissioner shall call the first meeting of the commission as soon as all initial appointments to the commission have been made. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

3. Meetings. The commission shall hold at least 2 regular meetings each year and may hold additional regular meetings. Special meetings may be called by the chair, by the commissioner or the commissioner's designee or by at least 3 members of the commission. Five members constitute a quorum. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

4. Duties. The commission shall: A. Evaluate the proportion of program effort dedicated to each type of public water system served by the program; [PL 1995, c. 581, §2 (AMD).] B. Evaluate existing and projected program workloads; [PL 1993, c. 410, Pt. DD, §4 (NEW).] C. Evaluate existing program resources and project future staffing and resource requirements; [PL 1993, c. 410, Pt. DD, §4 (NEW).] D. Determine funding requirements necessary to meet projected workloads and staffing and resource requirements; [PL 1993, c. 410, Pt. DD, §4 (NEW).] E. Determine an equitable program funding share for each type of public water system that recognizes the level of program effort required for that public water system; [PL 1995, c. 581, §2 (AMD).] F. Determine fee formulas and collection and transfer schedules for each type of public water system; and [PL 1995, c. 581, §2 (AMD).] G. [PL 1995, c. 581, §3 (RP).] H. Submit to the commissioner annually by August 1st a report that must include, but is not limited to, a performance evaluation of the program, including the implementation of administrative remedies, and commission recommendations regarding, but not limited to, administrative remedies, program operations, funding and staffing requirements, funding formulas and fee collection and transfer schedules. [PL 1993, c. 678, §5 (AMD).] [PL 1995, c. 581, §§2, 3 (AMD).]

5. Compensation. Members of the commission are entitled to reimbursement by the department for expenses as authorized by Title 5, chapter 379 . [PL 1993, c. 410, Pt. DD, §4 (NEW).]

6. Annual accounting. Within 60 days of the conclusion of the fiscal year for the program, the manager of the program shall submit to the commission an accounting of all of the funds expended by the program during the fiscal year. [PL 1997, c. 666, Pt. B, §1 (NEW).]
22 M.R.S. § 4007 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4007
22 §4007. Conducting proceedings
Status: in_force

1. Procedures. All child protection proceedings shall be conducted according to the rules of civil procedure and the rules of evidence, except as provided otherwise in this chapter. All the proceedings shall be recorded. All proceedings and records shall be closed to the public, unless the court orders otherwise. [PL 1985, c. 495, §17 (AMD).]

1-A. Nondisclosure of certain identifying information. This subsection governs the disclosure of certain identifying information. A. At each proceeding, the court shall inquire whether there are any court orders in effect at the time of the proceeding that prohibit contact between the parties and participants. If such an order is in effect at the time of the proceeding, the court shall keep records that pertain to the protected person’s current or intended address or location confidential, subject to disclosure only as authorized in this section. Any records in the file that contain such information must be sealed by the clerk and not disclosed to other parties or their attorneys or authorized agents unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the protected person and determines that the disclosure is in the interests of justice. [PL 2007, c. 351, §2 (NEW).] B. If, at any stage of the proceedings, a party or a participant alleges in an affidavit or a pleading under oath that the health, safety or liberty of the person would be jeopardized by disclosure of information pertaining to the person’s current or intended address or location, the court shall keep records that contain the information confidential, subject to disclosure only as authorized in this section. Upon receipt of the affidavit or pleading, the records in the file that contain such information must be sealed by the clerk and not disclosed to other parties or participants or their attorneys or authorized agents unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the person seeking protection and determines that the disclosure is in the interests of justice. [PL 2007, c. 351, §2 (NEW).] C. If the current or intended address or location of a party or participant is required to be kept confidential under paragraph A or B , and the current or intended address or location of that person is a material fact necessary to the proceeding, the court shall hear the evidence outside of the presence of the person and the person’s attorney from whom the information is being kept confidential unless the court determines after a hearing that takes into consideration the health, safety or liberty of the protected person that the exclusion of the party or participant is not in the interests of justice. If such evidence is taken outside the presence of a party or participant, the court shall take measures to prevent the excluded person and the person’s attorney from accessing the recorded information and the information must be redacted in printed transcripts. [PL 2007, c. 351, §2 (NEW).] D. Records that are required to be maintained by the court as confidential under this subsection may be disclosed to: (1) A state agency if necessary to carry out the statutory function of that agency; (2) A guardian ad litem appointed to the case; or (3) A criminal justice agency, as defined by Title 16, section 703, subsection 4 , if necessary to carry out the administration of criminal justice or the administration of juvenile justice, and such disclosure is otherwise permitted pursuant to section 4008 . In making such disclosure, the court shall order the party receiving the information to maintain the information as confidential. [PL 2013, c. 267, Pt. B, §18 (AMD).] E. The court shall, on request, disclose records that are required to be maintained as confidential under this chapter to the Maine Commission on Public Defense Services established by Title 5, section 12004‑G, subsection 25‑A for the purpose of assigning, evaluating or supervising counsel. [PL 2025, c. 415, §5 (AMD).] [PL 2025, c. 415, §5 (AMD).]

2. Interviewing children. The court may interview a child witness in chambers, with only the guardian ad litem and counsel present, provided that the statements made are a matter of record. The court may admit and consider oral or written evidence of out-of-court statements made by a child, and may rely on that evidence to the extent of its probative value. [PL 1979, c. 733, §18 (NEW).]

3. Motion for examination. At any time during the proceeding, the court may order that a child, parent, alleged parent, person frequenting the household or having custody at the time of the alleged abuse or neglect, any other party to the action or person seeking care or custody of the child be examined pursuant to the Maine Rules of Civil Procedure, Rule 35. [PL 1989, c. 270, §1 (AMD).]

3-A. Report of licensed mental health professional. In any hearing held in connection with a child protection proceeding under this chapter, the written report of a licensed mental health professional who has treated or evaluated the child shall be admitted as evidence, provided that the party seeking admission of the written report has furnished a copy of the report to all parties at least 21 days prior to the hearing. The report shall not be admitted as evidence without the testimony of the mental health professional if a party objects at least 7 days prior to the hearing. This subsection does not apply to the caseworker assigned to the child. [PL 1989, c. 226 (NEW).]

4. Interstate compact. The provisions of the Interstate Compact for the Placement of Children, sections 4251 to 4269 , if in effect and ratified by the other state involved, apply to proceedings under this chapter; otherwise, the provisions of the Interstate Compact on Placement of Children, sections 4191 to 4247 , apply to proceedings under this chapter. Any report submitted pursuant to the compact is admissible in evidence for purposes of indicating compliance with the compact and the court may rely on evidence to the extent of its probative value. [PL 2007, c. 255, §4 (AMD).]

5. Records. [PL 2005, c. 300, §1 (RP).]

6. Benefits and support for children in custody of department. When a child has been ordered into the custody of the department under this chapter, Title 15, chapter 507 or Title 19‑A, chapter 55 , within 30 days of the order, each parent shall provide the department with information necessary for the department to make a determination regarding the eligibility of the child for state, federal or other 3rd-party benefits and shall provide any necessary authorization for the department to apply for these benefits for the child. Prior to a hearing under section 4034, subsection 4 , section 4035 or section 4038 , each parent shall file income affidavits as required by Title 19‑A, sections 2002 and 2004 unless current information is already on file with the court. If a child is placed in the custody of the department, the court shall order child support from each parent according to the guidelines pursuant to Title 19‑A, chapter 63 , designate each parent as a nonprimary care provider and apportion the obligation accordingly. Income affidavits and instructions must be provided to each parent by the department at the time of service of the petition or motion. The court may order a deviation pursuant to Title 19‑A, section 2007 . Support ordered pursuant to this section must be paid directly to the department pursuant to Title 19‑A, chapter 65, subchapter IV . The failure of a parent to file an affidavit does not prevent the entry of a protection order. A parent may be subject to Title 19‑A, section 2004 , subsection 1, paragraph D for failure to complete and file income affidavits. [PL 1995, c. 694, Pt. D, §37 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]
22 M.R.S. § 1812-A — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-A
22 §1812-A. Nursing home defined
Status: in_force

A nursing home or nursing facility shall be defined as a facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care, but who do require skilled nursing care and related medical services. The term "nursing home" or "nursing facility" is restricted to those facilities, the purpose of which is to provide skilled nursing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease or physical or mental infirmity and which provides a community service. [PL 2001, c. 666, Pt. A, §2 (AMD).]
22 M.R.S. § 3174-T — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-T
22 §3174-T.  Children's Health Insurance Program (REALLOCATED FROM TITLE 22, SECTION 3174-R)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(REALLOCATED FROM TITLE 22, SECTION 3174-R)

1. Program established. The Children's Health Insurance Program is established to provide health coverage for low-income children who are ineligible for benefits under the Medicaid program and who meet the requirements of subsection 2 . The purpose of the Children's Health Insurance Program is to provide health coverage to as many children as possible within the fiscal constraints of the program budget and without forfeiting any federal funding that is available to the State for the State Children's Health Insurance Program through the federal Balanced Budget Act of 1997, Public Law 105-33, 111 Stat. 251, referred to in this section as the Balanced Budget Act of 1997. [PL 2023, c. 597, §11 (AMD).]

2. Eligibility; enrollment. Health coverage under the Children's Health Insurance Program is available to children under 19 years of age who meet the requirements set forth in paragraph C . A. The department may adopt rules regarding federal funding of the program within federal guidelines up to the maximum eligibility levels described under section 3174‑G . [PL 2023, c. 597, §11 (AMD).] B. If the commissioner has determined the fiscal status of the Children's Health Insurance Program under subsection 8 and has determined that an adjustment in the maximum eligibility level is required under this paragraph, the commissioner shall adjust the maximum eligibility level in accordance with the requirements of this paragraph. (1) The adjustment must accomplish the purposes of the Children's Health Insurance Program set forth in subsection 1 . (3) If Children's Health Insurance Program expenditures are reasonably anticipated to fall below the program budget, the commissioner shall raise the maximum eligibility level set in paragraph A to the extent necessary to provide coverage to as many children as possible within the fiscal constraints of the program budget. If Children's Health Insurance Program expenditures are reasonably anticipated to exceed the program budget after raising the maximum eligibility level pursuant to this subparagraph, the commissioner may lower the maximum eligibility level. (4) The commissioner shall give at least 30 days' notice of the proposed change in maximum eligibility level to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters. [PL 2023, c. 597, §11 (AMD).] C. All children resident in the State are eligible except a child who: (1) Is eligible for coverage under the Medicaid program; (2) Is covered under a group health insurance plan or under health insurance, as defined in Section 2791 of the federal Public Health Service Act, 42 United States Code, Section 300gg(c) (Supp. 1997); or (4) Is a resident in a public institution or a patient in an institution for mental diseases. (5) (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) (TEXT REPEALED ON CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) Within the 3 months prior to application for coverage under the Children's Health Insurance Program, was insured or otherwise provided coverage under an employer-based health plan for which the employer paid 50% or more of the cost for the child's coverage, except that this subparagraph does not apply if: (a) The cost to the employee of coverage for the family exceeds 10% of the family's income; (b) The parent lost coverage for the child because of a change in employment, termination of coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, COBRA, of the Employee Retirement Income Security Act of 1974, as amended, 29 United States Code, Sections 1161 to 1168 (Supp. 1997) or termination for a reason not in the control of the employee; or (c) The department has determined that grounds exist for a good-cause exception. [PL 2023, c. 597, §11 (AMD).] D. Notwithstanding changes in the maximum eligibility level determined under paragraph B , the following requirements apply to enrollment and eligibility: (1) Children must be enrolled for 12-month enrollment periods. Prior to the end of each 12-month enrollment period the department shall redetermine eligibility for continuing coverage; and (2) Children of higher family income may not be covered unless children of lower family income are also covered. This subparagraph may not be applied to disqualify a child during the 12-month enrollment period. Children of higher family income may be disqualified at the end of the 12-month enrollment period if the commissioner has lowered the maximum eligibility level under paragraph B . [PL 2023, c. 597, §11 (AMD).] E. Coverage under the Health Insurance Purchase Option of the Children's Health Insurance Program may be purchased for children under 19 years of age described in subparagraphs (1) and (2) for a period of up to 18 months as provided in this paragraph at a premium level that is revenue neutral and that covers the cost of the benefit and a contribution toward administrative costs no greater than the maximum level allowable under the Consolidated Omnibus Budget Reconciliation Act of 1985, COBRA, of the Employee Retirement Income Security Act of 1974, as amended, 29 United States Code, Sections 1161 to 1168 (Supp. 1997). The department shall adopt rules to implement this paragraph. The following children are eligible to enroll under this paragraph: (1) A child who is enrolled under paragraph A or B and whose family income at the end of the child's 12-month enrollment term exceeds the maximum allowable income set in that paragraph; and (2) A child who is enrolled in the Medicaid program and whose family income exceeds the limits of that program. The department shall terminate Medicaid coverage for a child who enrolls in the Children's Health Insurance Program under this subparagraph. [PL 2023, c. 597, §11 (AMD).] F. The department may not apply an asset test to a child or child's family when the child is otherwise eligible for the Children's Health Insurance Program under this section. [PL 2023, c. 597, §11 (AMD).] [PL 2023, c. 597, §11 (AMD).]

2-A. Persons 19 and 20 years of age. [PL 2023, c. 597, §11 (RP).]

3. Program administration; benefit design. With the exception of any requirements imposed under this section, the Children's Health Insurance Program must be integrated with the Medicaid program and administered with it in one administrative structure within the department, with the same enrollment and eligibility processes, benefit package and outreach and in compliance with the same laws and policies as the Medicaid program, except when those laws and policies are inconsistent with this section and the Balanced Budget Act of 1997. The department shall adopt and promote a simplified eligibility form and eligibility process. [PL 2023, c. 597, §11 (AMD).]

4. Benefit delivery. The Children's Health Insurance Program must use, but is not limited to, the same benefit delivery system as the Medicaid program, providing benefits through the same health plans, contracting process and providers. Copayments and deductibles may not be charged for benefits provided under the program. [PL 2023, c. 597, §11 (AMD).]

5. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) Premium payments. Premiums must be paid in accordance with this subsection. A. Premiums must be paid at the beginning of each month for coverage for that month according to the following scale: (1) Families with incomes between 150% and 160% of the federal nonfarm income official poverty line pay premiums of 5% of the benefit cost per child, but not more than 5% of the cost for 2 children; (2) Families with incomes between 160% and 170% of the federal nonfarm income official poverty line pay premiums of 10% of the benefit cost per child, but not more than 10% of the cost for 2 children; (3) Families with incomes between 170% and 185% of the federal nonfarm income official poverty line must pay premiums of 15% of the benefit cost per child, but not more than 15% of the cost for 2 children; and (4) Families with incomes between 185% and 200% of the federal nonfarm income official poverty line must pay premiums of 20% of the benefit cost per child, but not more than 20% of the cost for 2 children. [PL 2003, c. 673, Pt. TTT, §1 (RPR); PL 2003, c. 673, Pt. TTT, §§3, 5 (AFF).] B. When a premium is not paid at the beginning of a month, the department shall give notice of nonpayment at that time and again at the beginning of the 6th month of the 6-month enrollment period if the premium is still unpaid, and the department shall provide an opportunity for a hearing and a grace period in which the premium may be paid and no penalty will apply for the late payment. If a premium is not paid by the end of the grace period, coverage must be terminated unless the department has determined that waiver of premium is appropriate under paragraph D . The grace period is determined according to this paragraph. (1) If nonpayment is for the first, 2nd, 3rd, 4th or 5th month of the 6-month enrollment period, the grace period is equal to the remainder of the 6-month enrollment period. (2) If nonpayment is for the 6th month of the 6-month enrollment period, the grace period is equal to 6 weeks. [RR 1997, c. 2, §46 (RAL).] C. A child whose coverage under the Children's Health Insurance Program has been terminated for nonpayment of premium and who has received coverage for a month or longer without premium payment may not reenroll until after a waiting period that equals the number of months of coverage under the Children's Health Insurance Program without premium payment, not to exceed 3 months. [PL 2023, c. 597, §11 (AMD).] D. The department shall adopt rules allowing waiver of premiums for good cause. [RR 1997, c. 2, §46 (RAL).] [PL 2023, c. 597, §11 (AMD).]

5. (TEXT REPEALED ON CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) Premium payments. [PL 2021, c. 635, Pt. CCC, §3 (RP); PL 2021, c. 635, Pt. CCC, §7 (AFF).]

6. Incentives. In the contracting process for the Children's Health Insurance Program and the Medicaid program, the department shall create incentives to reward health plans that contract with school-based clinics, community health centers and other community-based programs. [PL 2023, c. 597, §11 (AMD).]

7. Administrative costs. The department shall budget 2% of the costs of the Children's Health Insurance Program for outreach activities. After the first 6 months of the program and to the extent that the program budget allows, the department may expend up to 3% of the program budget on activities to increase access to health care. In addition, the department shall apply for additional federal funds available for Medicaid outreach activities. The goal of outreach activities under this subsection is to enroll 100% of children eligible for the Children's Health Insurance Program or the MaineCare program. [PL 2023, c. 597, §11 (AMD).]

8. Quarterly determination of fiscal status; reports. On a quarterly basis, the commissioner shall determine the fiscal status of the Children's Health Insurance Program, determine whether an adjustment in maximum eligibility level is required under subsection 2, paragraph B and report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters on the following matters: A. Enrollment approvals, denials, terminations, reenrollments, levels and projections. With regard to denials, the department shall gather data from a statistically significant sample and provide information on the income levels of children who are denied eligibility due to family income level; [RR 1997, c. 2, §46 (RAL).] B. Children's Health Insurance Program expenditures, expenditure projections and fiscal status; [PL 2023, c. 597, §11 (AMD).] C. Proposals for increasing or decreasing enrollment consistent with subsection 2, paragraph B ; [RR 1997, c. 2, §46 (RAL).] D. Proposals for enhancing the Children's Health Insurance Program; [PL 2023, c. 597, §11 (AMD).] E. Any information the department has from the Children's Health Insurance Program or from the Department of Professional and Financial Regulation, Bureau of Insurance or the Department of Labor on employer health coverage and insurance coverage for low-income children; [PL 2023, c. 597, §11 (AMD).] F. The use of and experience with the Health Insurance Purchase Option under subsection 2, paragraph E ; and [PL 2023, c. 597, §11 (AMD).] G. Children's Health Insurance Program administrative costs. [PL 2023, c. 597, §11 (AMD).] [PL 2023, c. 597, §11 (AMD).]

9. Provisions applicable to federally recognized Indian tribes. After consultation with federally recognized Indian nations, tribes or bands of Indians in the State, the commissioner shall adopt rules regarding eligibility and participation of children who are members of a nation, tribe or band, consistent with Title 30, section 6211 , in order to best achieve the goal of providing access to health care for all qualifying children within program requirements, while using all available federal funds. [RR 1997, c. 2, §46 (RAL).]

10. Rulemaking. The department shall adopt rules in accordance with Title 5, chapter 375 as required to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 635, Pt. CCC, §3 (AMD).]

11. Children's Health Insurance Program drug rebate agreement. Effective October 1, 1999, the department shall enter into a drug rebate agreement with each manufacturer of prescription drugs that results in a rebate equal to that which would be achieved under the federal Social Security Act, Section 1927. A. [PL 1999, c. 522, §1 (RP); PL 1999, c. 522, §2 (AFF).] [PL 2023, c. 597, §11 (AMD).]

12. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) Premium rate review; adjustment. Effective July 1, 2004, the department shall periodically evaluate the amount of premiums charged under this section to ensure that the premiums charged reflect the most current benefit cost per child. The commissioner shall adjust the premiums by rule. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 673, Pt. TTT, §2 (NEW).]

12. (TEXT REPEALED ON CONTINGENCY: See PL 2021, c. 635, Pt. CCC, §7) Premium rate review; adjustment. [PL 2021, c. 635, Pt. CCC, §3 (RP); PL 2021, c. 635, Pt. CCC, §7 (AFF).]
22 M.R.S. § 1585 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1585
22 §1585. Rules and regulations
Status: in_force

The department shall have the authority to promulgate rules and regulations as are necessary to promptly and effectively enforce this chapter. [PL 1977, c. 696, §185 (NEW).]
22 M.R.S. § 2803 — ME Code / Title 22 / Subtitle 2 / Chapter 705 / Section 2803
22 §2803. Records of divorces and annulments
Status: in_force

The clerk of the Superior Court in each county and the clerk of the District Court in each judicial division shall file with the State Registrar of Vital Statistics a record of each divorce judgment or annulment issued in the clerk's jurisdiction within 45 days after judgment. [RR 2021, c. 2, Pt. B, §140 (COR).]

Such record shall contain the names and residences of the parties and name of the person to whom judgment was issued, the date and place of the marriage, the date of and legal grounds for the judgment and the names and ages of the minor children. Forms shall be furnished by the registrar.

The record of divorce prepared for the state registrar shall not become a part of the official record of the court.
22 M.R.S. § 264 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 264
22 §264. Aging and Disability Mortality Review Panel
Status: in_force

1. Panel established. The Aging and Disability Mortality Review Panel, referred to in this section as "the panel," is established to review deaths of and serious injuries to all adults receiving services. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Adults receiving services" means adults receiving home-based and community-based services under 42 Code of Federal Regulations, Part 441 and adults subject to public guardianship under Title 18‑C, Article 5 . [PL 2025, c. 127, §1 (AMD).] B. "Panel coordinator" means an employee of the Maine Center for Disease Control and Prevention who is appointed by the commissioner. The panel coordinator must be a registered nurse, nurse practitioner, physician associate or physician licensed or registered in this State and who has completed a nationally certified training program for conducting critical incident, including death, investigations or will complete the training within 6 months of appointment as panel coordinator. [PL 2021, c. 398, Pt. MMMM, §2 (NEW); PL 2025, c. 316, §3 (REV).] C. "Preventable death" means a premature death that could have been avoided. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] D. "Serious injury" means a bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a body part or organ or mental faculty. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] E. "Suspicious death" means an unexpected death in which the circumstance or cause is medically or legally unexplained or inadequately explained or a death in which the circumstance or cause is suspected to be related to systemic issues of service access or quality. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] [PL 2025, c. 127, §1 (AMD); PL 2025, c. 316, §3 (REV).]

3. Composition. The panel consists of 15 members. The commissioner shall appoint the members of the panel unless otherwise specified. The panel consists of the following members: A. The person who is lead staff attorney for investigations for the Office of the Attorney General or that person's designee; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] B. The person who is lead staff attorney for health care crime investigations for the Office of the Attorney General or that person's designee; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] C. A person within the department responsible for licensing and certification; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] D. A person within the department responsible for aging and disability services; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] D-1. A person within the department responsible for adult protective services; [PL 2025, c. 127, §2 (NEW).] D-2. A member of the general public with lived experience as an adult receiving services; [PL 2025, c. 127, §2 (NEW).] E. The executive director of the statewide protection and advocacy agency for individuals with disabilities contracted by the department pursuant to Title 5, section 19502 or the executive director's designee; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] F. The executive director of the long-term care ombudsman program as established in section 5106, subsection 5 or the executive director's designee; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] G. A member of the Maine Developmental Services Oversight and Advisory Board as established in Title 5, section 12004‑J, subsection 15 as nominated by that board; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] H. An advanced practice registered nurse who is licensed under Title 32, chapter 31 or a health care provider who is licensed under Title 32, chapter 36 or 48 and who has experience in delivering services to individuals with intellectual disabilities or autism; [PL 2025, c. 127, §2 (AMD).] H-1. An advanced practice registered nurse who is licensed under Title 32, chapter 31 or a health care provider who is licensed under Title 32, chapters 36 or 48 and who has experience as a primary care provider; [RR 2025, c. 1, Pt. A, §28 (COR).] I. A representative of the developmental service provider community who has expertise regarding community services for individuals with intellectual disabilities or autism; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] J. A representative of the provider community serving older adults and adults with physical disabilities who has expertise in home-based and community-based services; [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] K. A representative of the provider community who has expertise in delivering home-based and community-based services to individuals with brain injuries or other related conditions; and [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] L. A person who has expertise in forensic pathology. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] [RR 2025, c. 1, Pt. A, §28 (COR).]

4. Terms; meetings; chair. The term for each member of the panel is 3 years, except that members serve at the pleasure of the commissioner. A member may serve until a successor has been appointed. Members may be reappointed. A vacancy must be filled as soon as practicable by appointment for the unexpired term. The panel shall meet at least 4 times each year and sufficiently frequently to carry out its duties and to guarantee the timely and comprehensive reviews of all deaths and serious injuries as required in this section. The commissioner or the commissioner's designee shall call the first meeting. The panel shall elect a chair from among its members annually. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]

5. Panel coordinator; powers and duties. The panel coordinator has the following powers and duties. A. The panel coordinator shall conduct preliminary reviews of all deaths of and serious injuries to all adults receiving services to determine whether to refer a case to the panel if the panel coordinator determines that any of the following circumstances exist: (1) The death or serious injury was unexpected; (2) The death was premature; (3) The death or serious injury was preventable; (4) Issues with the system of care are indicated; (5) Facts and circumstances related to the death or serious injury indicate that the department or providers of home-based and community-based services to adults receiving services could implement actions that would improve the health and safety of those adults receiving services; or (6) Other issues or facts related to the death or serious injury indicate the case should be reviewed by the panel. The panel coordinator shall also refer cases based on the need to review particular causes and circumstances of death or serious injury or the need to obtain a representative sample of all deaths. The panel coordinator shall conduct preliminary reviews within 7 days of the date the death or serious injury was reported. Preliminary reviews of a death may not be officially closed until the death certificate has been received and reviewed by the panel coordinator. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] B. The panel coordinator has access to the following records: (1) Death certificates; (2) Autopsy, medical examiner and coroner reports; (3) Emergency medical personnel reports and documentation; (4) Health care information of an adult receiving services who is deceased pursuant to section 1711‑C, subsection 6, paragraph V . For the purposes of this subparagraph, "health care information" has the same meaning as in section 1711‑C, subsection 1, paragraph E ; and (5) Notwithstanding any provision of law to the contrary, information or records from the department determined by the panel coordinator to be necessary to carry out the panel coordinator's duties. The department shall provide the panel coordinator with direct access to the information or records or provide the information or records necessary and relevant as soon as is practicable upon oral or written request of the panel coordinator. Records that must be provided include, but are not limited to, the following: (a) Personal plans and treatment plans of an adult receiving services when that adult is deceased or injured; (b) Service plans and agreements developed on behalf of an adult receiving services; (c) Documents from providers of home-based and community-based services and case managers; (d) Documents related to an adult protective case, including documents related to public guardianship, or investigation; and (e) Reports relating to incidents or reportable events of an adult receiving services that occurred in the 12 months prior to the adult's death or serious injury. [PL 2025, c. 127, §3 (AMD).] C. The panel coordinator may conduct voluntary interviews with parties that may have relevant information for a preliminary review pursuant to paragraph A , including a guardian of, the family of or the provider of services to the adult receiving services who has died or experienced serious injury, in accordance with this paragraph. (1) For interviews pertaining to serious injury of an adult receiving services, prior to conducting any interview, the panel coordinator shall obtain the permission of the adult or the adult's guardian, if the adult cannot consent. (2) For interviews pertaining to preventable death or suspicious death of an adult receiving services, prior to conducting any interview, the panel coordinator shall obtain the permission of the adult's personal representative if one was appointed or, if there is no personal representative, the adult's guardian if the adult had a guardian. (3) The purpose of an interview must be limited to gathering information or data for the panel, provided in summary or abstract form without family names or identification of the adult receiving services. (4) The panel coordinator may delegate the responsibility to conduct interviews pursuant to this paragraph to a registered nurse, physician associate, nurse practitioner or physician licensed or registered in this State and who has completed a nationally certified training program for conducting critical incident investigations. If the interview pertains to a preventable death or suspicious death, the person conducting the interview must have professional training or experience in bereavement services. (5) A person conducting an interview under this paragraph may make a referral for bereavement counseling if indicated for and desired by the person being interviewed. [PL 2021, c. 398, Pt. MMMM, §2 (NEW); PL 2025, c. 316, §3 (REV).] D. The panel coordinator shall endeavor to minimize the burden imposed on health care providers, hospitals and service providers. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] E. A case of death of or serious injury to an adult receiving services may be referred to the panel coordinator by the commissioner, the statewide protection and advocacy agency for individuals with disabilities contracted by the department pursuant to Title 5, section 19502 , a member of the panel or any other person who presents credible evidence that a death or serious injury warrants referral to the panel as determined by preliminary review by the panel coordinator. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] F. The panel coordinator shall prepare a summary and abstract of relevant trends in deaths of the population of adults receiving services for comparison to cases reviewed by the panel pursuant to subsection 6 . [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] G. The panel coordinator shall prepare a review summary or abstract of information regarding each case, as determined to be useful to the panel and at a time determined to be timely, without the name or identifier of the adult receiving services who is deceased or who has experienced a serious injury, to be presented to the panel. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] H. The panel coordinator shall, in conjunction with the department, establish and maintain a state mortality database that includes, but is not limited to, the following: (1) Name, age, sex, race or ethnicity, guardianship status and type of disability or condition of the adult receiving services who is deceased; (2) Community-based services received by the adult receiving services who is deceased and the name of the service provider; (3) Description of the events leading to the death of the adult receiving services and the immediate circumstances of the death; (4) Location of the death, such as the home of the adult receiving services, community setting, hospital or hospice; (5) Immediate and secondary causes of death of an adult receiving services, including if the death was: (a) Expected due to a known terminal illness; (b) Associated with a known chronic illness; (c) A sudden unexpected death; (d) Due to an unknown cause; (e) Due to an accident, including the type of accident; (f) Due to a self-inflicted injury or illness, including suicide or serious self-injurious behavior; (g) Due to suspicious or unusual circumstances; and (h) Due to suspected or alleged neglect, abuse or criminal activity; (6) Whether an autopsy was conducted and a narrative of any findings from the autopsy; (7) Findings of the preliminary reviews of all deaths by the panel coordinator pursuant to paragraph A ; (8) Findings of the comprehensive reviews by the panel pursuant to subsection 6 ; and (9) Recommendations pursuant to subsection 6, paragraph B issued by the panel and information related to the implementation of those recommended corrective actions. [PL 2025, c. 127, §4 (AMD).] I. The panel coordinator shall determine the records that are made available to the panel for the purposes of reviewing cases of death or serious injury. The panel coordinator shall maintain custody of all records. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] [PL 2025, c. 127, §§3, 4 (AMD); PL 2025, c. 316, §3 (REV).]

6. Panel; powers and duties. The panel shall conduct comprehensive multidisciplinary reviews of data presented by the panel coordinator, with a particular focus on preventable deaths, suspicious deaths and serious injuries. A. The panel shall review all cases of death or serious injury that are referred by the panel coordinator. A review of a case by the panel is a comprehensive evaluation of the circumstances surrounding the death of or serious injury to an adult receiving services, including the overall care of the adult, quality of life issues, the death or serious injury event and the medical care that preceded and followed the event. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] B. The panel shall submit an annual report, no later than January 2nd of each year beginning in 2022, to the Governor, the commissioner, the joint standing committee of the Legislature having jurisdiction over health and human services matters and the Maine Developmental Services Oversight and Advisory Board established in Title 5, section 12004‑J, subsection 15 . The report must contain the following: (1) Factors contributing to the mortality of adults receiving services; (2) Strengths and weaknesses of the system of care; (3) Recommendations for the commissioner to decrease the rate of mortality of adults receiving services; (4) Recommendations about methods to improve the system for protecting adults receiving services, including modifications to law, rules, training, policies and procedures; and (5) Any other information the panel considers necessary for the annual report. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] C. The panel shall offer a copy of the annual report under paragraph B to any party who granted permission for an interview conducted by the panel coordinator pursuant to subsection 5, paragraph C . [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] D. Following the submission of the annual report to the commissioner and the joint standing committee of the Legislature having jurisdiction over health and human services matters pursuant to paragraph B , the report must be released to the public. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).] [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]

7. Access to information and records. In any case subject to review by the panel under subsection 6 , upon oral or written request of the panel, notwithstanding any provision of law to the contrary, a person that possesses information or records that are necessary and relevant to a panel review shall as soon as practicable provide the panel with the information or records. Persons disclosing or providing information or records upon request of the panel are not criminally or civilly liable for disclosing or providing information or records in compliance with this subsection. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]

8. Confidentiality. Records held by the panel coordinator or the panel are confidential to the same extent they are confidential while in the custody of the entity that provided the record to the panel coordinator or the panel. Records relating to interviews conducted pursuant to subsection 5, paragraph C by the panel coordinator and proceedings of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The commissioner shall disclose conclusions of the panel upon request but may not disclose information, records or data that are otherwise classified as confidential. [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]

9. Rulemaking. The department shall adopt rules to implement this section, including rules on collecting information and data, selecting and setting any limits on the number of terms for the members of the panel, managing and avoiding conflicts of interest of members, collecting and using individually identifiable health information and conducting reviews. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 398, Pt. MMMM, §2 (NEW).]
22 M.R.S. § 3108 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3108
22 §3108. Standard utility allowance
Status: in_force

When the department becomes aware of any decisions made by a public entity or an entity operating a publicly subsidized assistance program that adversely impacts eligibility for, or the amount of assistance to, households receiving assistance under the Supplemental Nutrition Assistance Program pursuant to section 3104 , the department shall work in cooperation with that entity to achieve a resolution that minimizes the adverse impact on households receiving SNAP benefits. [PL 2021, c. 398, Pt. OO, §15 (AMD).]

1. Examination of options. When federal law governing either the Supplemental Nutrition Assistance Program or the Low-Income Home Energy Assistance Program is amended to eliminate the eligibility link whereby the SNAP standard utility allowance is automatically available to households receiving low-income home energy assistance benefits, the department shall immediately: A. Examine and, if feasible, seek a waiver or grant of demonstration authority from the federal Department of Agriculture to continue to use the SNAP standard utility allowance in determining the amount of SNAP benefits available to households that previously qualified for that allowance solely by reason of receipt of low-income home energy assistance benefits; [PL 2021, c. 398, Pt. OO, §15 (AMD).] B. Determine, in cooperation with all appropriate entities operating publicly subsidized housing programs, a method of providing individualized bills or appropriate documentation for tenants in subsidized housing that would identify the tenants' shares of incurred heating costs, if doing so would qualify these tenants for the SNAP standard utility allowance; [PL 2021, c. 398, Pt. OO, §15 (AMD).] C. Determine if federal law would permit the use of the standard utility allowance by households that previously qualified for that allowance solely on the basis of receipt of low-income home energy assistance benefits and implement that section of law if doing so would not result in any increase in the households' rent and energy costs or any reduction in SNAP allotments to either those households or any other households receiving SNAP benefits; and [PL 2021, c. 398, Pt. OO, §15 (AMD).] D. If none of the alternatives listed in paragraphs A to C result in making the SNAP standard utility allowance available to households that had received it before the change in federal law, immediately estimate the General Fund cost of providing allotments to affected households in an amount equal to the amount they would have received had the federal law not been amended, and promptly provide that information to the joint standing committee of the Legislature having jurisdiction over human resources matters. [PL 2021, c. 398, Pt. OO, §15 (AMD).] [PL 2021, c. 398, Pt. OO, §15 (AMD).]

2. Notice. The department shall provide prompt written notice to households affected by any change in federal law related to the eligibility link between the Supplemental Nutrition Assistance Program and the Low-Income Energy Assistance Program, or by any waiver received pursuant to this section, of the steps that households may take to gain eligibility for the SNAP standard utility allowance. [PL 2021, c. 398, Pt. OO, §15 (AMD).]

3. Waiver. The department shall immediately seek a waiver or demonstration authority to operate a demonstration project from the federal Department of Agriculture that would make the SNAP standard utility allowance available to households that incur a heating or cooling cost separate from their rent or mortgage, even if those bills are not based on actual usage as determined by individualized metering. [PL 2021, c. 398, Pt. OO, §15 (AMD).]

4. Revised waiver application. When federal approval for the waiver or demonstration authority described in this section is not granted, the department may submit a revised waiver request to accomplish the objectives of this section as fully as possible. [PL 1995, c. 629, §1 (NEW).]

5. Limitation. This section must be implemented within the limits of the department's existing General Fund resources. [PL 1995, c. 629, §1 (NEW).]
22 M.R.S. § 7245 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7245
22 §7245. Legislative intent
Status: in_force

It is the intent of the Legislature that the prescription monitoring program established pursuant to this chapter serve as a means to promote the public health and welfare and to detect and prevent substance use disorder. This chapter is not intended to interfere with the legitimate medical use of controlled substances. [PL 2017, c. 407, Pt. A, §87 (AMD).]
22 M.R.S. § 3173-D — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-D
22 §3173-D. Reimbursement for substance use disorder treatment
Status: in_force

The department shall provide reimbursement, to the maximum extent allowable, under the United States Social Security Act, Title XIX, for substance use disorder treatment. Treatment must include, but need not be limited to, residential treatment and outpatient care as defined in Title 24‑A, section 2842 . [PL 2017, c. 407, Pt. A, §77 (AMD).]
22 M.R.S. § 2040 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2040
22 §2040. Appeal
Status: in_force

Any person aggrieved by a decision of the department may appeal to the District Court Judge under Title 5, chapter 375 . [PL 1993, c. 600, Pt. B, §17 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
22 M.R.S. § 4099-I — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-I
22 §4099-I. At-risk noncitizen children
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "At-risk" means there is reasonable cause to suspect that a child's health, safety and welfare has been affected due to abuse, neglect, abandonment or similar circumstances and that return to the child's or the child's parent's country of nationality or country of last habitual residence would not be in the best interest of the child. [PL 2025, c. 347, §4 (AMD).] B. Notwithstanding section 4002, subsection 2 , "child" means an unmarried person who has not attained 21 years of age. [PL 2019, c. 366, §5 (NEW).] C. "Court" or "juvenile court" means any court in the State with jurisdiction to make judicial determinations about the dependency, custody or care of children or parental rights and responsibilities with regard to children, including, but not limited to, the Probate Court and District Court. [PL 2025, c. 347, §4 (AMD).] D. "Dependent on the court" means subject to the jurisdiction of a court competent to make decisions concerning the protection, well-being, care and custody of a child for findings, orders or referrals to support the health, safety and welfare of a child or to remedy the effects on a child of abuse, neglect, abandonment or similar circumstances. [PL 2019, c. 366, §5 (NEW).] E. "Noncitizen" means any person who is not a United States citizen. [PL 2019, c. 366, §5 (NEW).] F. "Similar circumstances" means conditions that have an effect on a child comparable to abuse, neglect or abandonment, including, but not limited to, the death of a parent. [PL 2019, c. 366, §5 (NEW).] [PL 2025, c. 347, §4 (AMD).]

2. Petition for special findings and relief for certain at-risk noncitizen children. An at-risk noncitizen child may petition the court for special findings and relief. Upon reviewing the petition or complaint seeking special findings and relief, any supporting affidavits and other evidence presented, the court shall order relief to redress the effects of the abuse, neglect, abandonment or similar circumstances, including but not limited to relief under subsection 6, and issue findings of fact and rulings of law that must determine whether the child who is the subject of the proceeding: A. Is dependent on the court; [PL 2019, c. 366, §5 (NEW).] B. Has suffered from abuse, neglect, abandonment or similar circumstances; [PL 2019, c. 366, §5 (NEW).] C. May not be viably reunified with one or both parents due to abuse, neglect, abandonment or similar circumstances; and [PL 2019, c. 366, §5 (NEW).] D. May not be returned to the child's or the child's parent's country of nationality or country of last habitual residence because it is not in the best interest of the child. [PL 2025, c. 347, §4 (AMD).] All proceedings and records related to this subsection are confidential and closed to the public. Only the parties to the proceeding, including, but not limited to, the petitioner, the noncitizen child and the child’s parents, the attorneys of the petitioner and the noncitizen child and the child's parents, the attorneys’ authorized agents and the child’s designee, may have access to the proceedings or records. [PL 2025, c. 347, §4 (AMD).]

2-A. Motion for special findings for at-risk noncitizen children. In addition to or in lieu of filing a petition for relief under subsection 2 , an at-risk noncitizen child may request the court for a special finding to be made in actions under Title 18‑C , Title 19‑A or this Title or any other action before a juvenile court. When it is in the best interest of the child who is the subject of the proceedings, and upon review of a motion or other request, any supporting affidavits and other evidence presented, the court shall issue findings of fact and rulings of law that must determine whether the child who is the subject of the proceeding: A. Is dependent on the court; [PL 2025, c. 347, §4 (NEW).] B. Has suffered from abuse, neglect, abandonment or similar circumstances; [PL 2025, c. 347, §4 (NEW).] C. May not be viably reunified with one or both parents due to abuse, neglect, abandonment or similar circumstances; and [PL 2025, c. 347, §4 (NEW).] D. May not be returned to the child's or the child's parent's country of nationality or country of last habitual residence because it is not in the best interest of the child. [PL 2025, c. 347, §4 (NEW).] [PL 2025, c. 347, §4 (NEW).]

3. Notice. If the identity or location of the child's parents is unknown or if the parents reside outside of the United States, the court may serve notice using any alternative method of service the court determines is appropriate or waive service when the child is described in 8 United States Code, Section 1101(a)(27)(J)(2019) and 8 United States Code, Section 1357(h)(2019). [PL 2019, c. 366, §5 (NEW).]

4. Expeditious adjudication. A court shall hear, adjudicate and issue findings of fact and rulings of law on any petition, complaint, motion or other request for special findings under this section as soon as it is administratively feasible and prior to the child reaching 21 years of age to serve the best interest of the child. [PL 2025, c. 347, §4 (AMD).]

5. Availability of special findings. [PL 2025, c. 347, §4 (RP).]

6. Referral for services or protection. A child who is the subject of a petition for special findings under subsection 2 may be referred for psychiatric, psychological, educational, occupational, medical, dental or social services or for protection against human trafficking or domestic violence. Participation in any referred services is voluntary. [PL 2019, c. 366, §5 (NEW).]

7. Additional available remedies. This section does not prevent a court from ordering relief under Title 18‑C , Title 19‑A or this Title or any other remedy available under the laws of this State to protect the at-risk noncitizen child from further abuse or other harm or to provide support. [PL 2025, c. 347, §4 (AMD).]

8. Construction. This section must be liberally construed to promote the best interest of the child. [PL 2019, c. 366, §5 (NEW).]

9. Reunification not viable. A finding under this section that reunification is not viable does not require termination of parental rights. Visitation or contact with a parent, including by court order, does not preclude the court from finding that reunification with that parent is not viable due to abuse, neglect, abandonment or similar circumstances. [PL 2025, c. 347, §4 (NEW).]

10. Juvenile court. A court that issues a decision pursuant to this subchapter is acting as a juvenile court. [PL 2025, c. 347, §4 (NEW).]

11. Health and safety. The health and safety of the child must be of paramount concern to a court issuing a decision pursuant to this subchapter. When considering the child's health and safety, the court shall consider whether present or past living conditions will adversely affect the child's physical, mental or emotional health. [PL 2025, c. 347, §4 (NEW).]
22 M.R.S. § 832 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 832
22 §832. Judicial consent to blood-borne pathogen test
Status: in_force

1. Petition. Any person who experiences a bona fide occupational exposure may petition the District Court with jurisdiction over the facility or other place where the exposure occurred to require the person whose blood or body fluid is the source of the exposure to submit to a blood-borne pathogen test and to require that the results of the test be provided to the petitioner as long as the following conditions have been met: A. The exposure to blood or body fluids creates a significant risk of infection with a blood-borne pathogen, as defined by the Bureau of Health through the adoption of rules; [PL 1997, c. 368, §1 (NEW).] B. The authorized representative of the employer of the person exposed has informed the person whose blood or body fluid is the source of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and [PL 1997, c. 368, §1 (NEW).] C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested. [PL 1997, c. 368, §1 (NEW).] [PL 1997, c. 368, §1 (NEW).]

2. Prehearing duties of the court. Upon receipt by the District Court of the petition, the court shall: A. Schedule an expedited hearing; [PL 2003, c. 88, §1 (AMD).] B. Cause a written notice of the petition and hearing to be given, in accordance with the Maine Rules of Civil Procedure, to the patient who is the subject of the proceeding; [PL 1997, c. 368, §1 (NEW).] C. Appoint counsel, if requested, for any indigent client not already represented; and [PL 1997, c. 368, §1 (NEW).] D. Furnish counsel with copies of the petition. [PL 1997, c. 368, §1 (NEW).] [PL 2003, c. 88, §1 (AMD).]

3. Hearing. The hearing is governed as follows. A. The hearing must be conducted in accordance with the Maine Rules of Evidence and in an informal manner consistent with orderly procedure. [PL 1997, c. 368, §1 (NEW).] B. The hearing is confidential and must be electronically or stenographically recorded. [PL 1997, c. 368, §1 (NEW).] C. The report of the hearing proceedings must be sealed. A report of the hearing proceedings may not be released to the public, except by permission of the person whose blood or body fluid is the source of the exposure or that person's counsel and with the approval of the court. [PL 1997, c. 368, §1 (NEW).] D. The court may order a public hearing at the request of the person whose blood or body fluid is the source of the exposure or that person's counsel. [PL 1997, c. 368, §1 (NEW).] [PL 1997, c. 368, §1 (NEW).]

4. Determination. The court shall require the person whose blood or body fluid is the source of the exposure to obtain a blood-borne pathogen test and shall require that the results of the test be provided to the petitioner only if the petitioner proves by a preponderance of the evidence that: A. The exposure to blood or body fluids of the person created a significant risk of infection with a blood-borne pathogen as defined by the Bureau of Health through the adoption of rules; [PL 1997, c. 368, §1 (NEW).] B. An authorized representative of the employer of the person exposed has informed the patient of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and [PL 1997, c. 368, §1 (NEW).] C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested. [PL 1997, c. 368, §1 (NEW).] [PL 1997, c. 368, §1 (NEW).]

5. Consent. The court may not order a person whose blood or body fluid is the source of the exposure to obtain a blood-borne pathogen test unless the employee exposed to the blood or body fluids of that person has consented to and obtained a blood-borne pathogen test immediately following that documented exposure. [PL 1997, c. 368, §1 (NEW).]

6. Costs. The employer of the person exposed is responsible for the petitioner's reasonable costs related to obtaining the results of a blood-borne pathogen test pursuant to this section, including the payment of the petitioner's attorney's fees. [PL 1997, c. 368, §1 (NEW).]

7. Appeals. A person required to undergo a blood-borne pathogen test may appeal the order to Superior Court. The appeal is limited to questions of law. Any findings of fact of the District Court may not be set aside unless clearly erroneous. [PL 1997, c. 368, §1 (NEW).]

8. Subsequent testing. Subsequent testing arising out of the same incident of occupational exposure must be conducted in accordance with this section. [PL 1997, c. 368, §1 (NEW).]
22 M.R.S. § 3174-G — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-G
22 §3174-G. Medicaid coverage of certain elderly and disabled individuals, children and pregnant women; transitional Medicaid
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Delivery of services. The department shall provide for the delivery of federally approved Medicaid services to the following persons: A. A qualified woman during her pregnancy and up to 60 days following delivery when the woman's family income is equal to or below 209% of the nonfarm income official poverty line; [PL 2021, c. 519, §1 (AMD); PL 2021, c. 519, §11 (AFF).] A-1. Notwithstanding paragraph A , beginning August 1, 2022 and for as long as coverage is allowable by federal law, a qualified woman during her pregnancy and up to 12 months following delivery when the woman's family income is equal to or below 209% of the nonfarm income official poverty line; [PL 2021, c. 519, §2 (AMD); PL 2021, c. 519, §11 (AFF).] A-2. [PL 2021, c. 519, §3 (RP); PL 2021, c. 519, §11 (AFF).] A-3. [PL 2021, c. 519, §4 (RP); PL 2021, c. 519, §11 (AFF).] B. A person under 21 years of age when the person's family income is equal to or below 300% of the nonfarm income official poverty line. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; [PL 2023, c. 597, §5 (AMD).] C. A qualified elderly or disabled person when the person's family income is equal to or below 100% of the nonfarm income official poverty line; [PL 2005, c. 3, Pt. M, §1 (RPR); PL 2005, c. 3, Pt. M, §2 (AFF).] D. [PL 2023, c. 597, §6 (RP).] E. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2011, c. 657, Pt. Z, §2) On or before September 30, 2012, the parent or caretaker relative of a child described in paragraph B when the child's family income is equal to or below 200% of the nonfarm income official poverty line, subject to adjustment by the commissioner under this paragraph and, beginning October 1, 2012, the parent or caretaker relative of a child described in paragraph B when the child's family income is equal to or below 133% of the nonfarm income official poverty line, subject to adjustment by the commissioner under this paragraph. Medicaid services provided under this paragraph must be provided within the limits of the program budget. Funds appropriated for services under this paragraph must include an annual inflationary adjustment equivalent to the rate of inflation in the Medicaid program. On a quarterly basis, the commissioner shall determine the fiscal status of program expenditures under this paragraph. If the commissioner determines that expenditures will exceed the funds available to provide Medicaid coverage pursuant to this paragraph, the commissioner must adjust the income eligibility limit for new applicants to the extent necessary to operate the program within the program budget. If, after an adjustment has occurred pursuant to this paragraph, expenditures fall below the program budget, the commissioner must raise the income eligibility limit to the extent necessary to provide services to as many eligible persons as possible within the fiscal constraints of the program budget, as long as on or before September 30, 2012 the income limit does not exceed 200% of the nonfarm income official poverty line and, beginning October 1, 2012, the income limit does not exceed 133% of the nonfarm income official poverty line; [PL 2023, c. 597, §7 (AMD).] E. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2011, c. 657, Pt. Z, §2) On or before September 30, 2012, the parent or caretaker relative of a child described in paragraph B when the child's family income is equal to or below 200% of the nonfarm income official poverty line, subject to adjustment by the commissioner under this paragraph and, beginning October 1, 2012, the parent or caretaker relative of a child described in paragraph B when the child's family income is equal to or below 100% of the nonfarm income official poverty line. Medicaid services provided under this paragraph must be provided within the limits of the program budget. Funds appropriated for services under this paragraph must include an annual inflationary adjustment equivalent to the rate of inflation in the Medicaid program. On a quarterly basis, the commissioner shall determine the fiscal status of program expenditures under this paragraph. If the commissioner determines that expenditures will exceed the funds available to provide Medicaid coverage pursuant to this paragraph, the commissioner must adjust the income eligibility limit for new applicants to the extent necessary to operate the program within the program budget. If, after an adjustment has occurred pursuant to this paragraph, expenditures fall below the program budget, the commissioner must raise the income eligibility limit to the extent necessary to provide services to as many eligible persons as possible within the fiscal constraints of the program budget, as long as on or before September 30, 2012 the income limit does not exceed 200% of the nonfarm income official poverty line; [PL 2023, c. 597, §8 (AMD).] F. A person 20 to 64 years of age who is not otherwise covered under paragraphs A to E when the person's family income is below or equal to 125% of the nonfarm income official poverty line, as long as the commissioner adjusts the maximum eligibility level in accordance with the requirements of the paragraph. (2) If the commissioner reasonably anticipates the cost of the program to exceed the budget of the population described in this paragraph, the commissioner shall lower the maximum eligibility level to the extent necessary to provide coverage to as many persons as possible within the program budget. (3) The commissioner shall give at least 30 days' notice of the proposed change in maximum eligibility level to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters; [IB 2017, c. 1, Pt. A, §1 (AMD).] G. A person otherwise eligible who is a noncitizen legally admitted to the United States to the extent that coverage is allowable by federal law if the person is: (1) A woman during her pregnancy and up to 60 days following delivery; or (2) A child under 21 years of age; [PL 2021, c. 519, §5 (AMD); PL 2021, c. 519, §11 (AFF).] G-1. Notwithstanding paragraph G, beginning August 1, 2022, a person otherwise eligible who is a noncitizen legally admitted to the United States for as long as and to the extent that coverage is allowable by federal law if the person is: (1) A woman during her pregnancy and up to 12 months following delivery; or (2) A child under 21 years of age; and [PL 2021, c. 519, §6 (AMD); PL 2021, c. 519, §11 (AFF).] G-2. [PL 2021, c. 519, §7 (RP); PL 2021, c. 519, §11 (AFF).] G-3. [PL 2021, c. 519, §8 (RP); PL 2021, c. 519, §11 (AFF).] H. No later than 180 days after the effective date of this paragraph, a person under 65 years of age who is not otherwise eligible for assistance under this chapter and who qualifies for medical assistance pursuant to 42 United States Code, Section 1396a(a)(10)(A)(i)(VIII) when the person's income is at or below 133% plus 5% of the nonfarm income official poverty line for the applicable family size. The department shall provide such a person, at a minimum, the same scope of medical assistance as is provided to a person described in paragraph E . Cost sharing, including copayments, for coverage established under this paragraph may not exceed the maximum allowable amounts authorized under section 3173‑C, subsection 7 . No later than 90 days after the effective date of this paragraph, the department shall submit a state plan amendment to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services ensuring MaineCare eligibility for people under 65 years of age who qualify for medical assistance pursuant to 42 United States Code, Section 1396a(a)(10)(A)(i)(VIII). The department shall adopt rules, including emergency rules pursuant to Title 5, section 8054 if necessary, to implement this paragraph in a timely manner to ensure that the persons described in this paragraph are enrolled for and eligible to receive services no later than 180 days after the effective date of this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [IB 2017, c. 1, Pt. A, §3 (NEW).] For the purposes of this subsection, the "nonfarm income official poverty line" is that applicable to a family of the size involved, as defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code, Section 9902(2). For purposes of this subsection, "program budget" means the amounts available from both federal and state sources to provide federally approved Medicaid services. [PL 2023, c. 597, §§5-8 (AMD).]

1-A. Elderly prescription drug program. [PL 2001, c. 650, §1 (RP).]

1-B. Funding. State funds necessary to implement subsection 1‑C must include General Fund appropriations and Other Special Revenue allocations from the Fund for a Healthy Maine to the elderly low-cost drug program operated pursuant to section 254‑D , including rebates received in that program from pharmaceutical manufacturers, that are no longer needed in that program as a result of the Medicaid waiver obtained pursuant to subsection 1‑C . [PL 2005, c. 401, Pt. C, §5 (AMD).]

1-C. Prescription drug waiver program. Except as provided in paragraph G , the department shall apply to the federal Centers for Medicare and Medicaid Services for a waiver or amend a pending or current waiver under the Medicaid program authorizing the department to use federal matching dollars to enhance the prescription drug benefits available to persons who qualify for the elderly low-cost drug program established under section 254‑D . The program created pursuant to the waiver is the prescription drug waiver program, referred to in this subsection as the "program." A. As funds permit, the department has the authority to establish income eligibility levels for the program up to and including 200% of the federal nonfarm income official poverty level, except that for individuals in households that spend at least 40% of income on unreimbursed direct medical expenses for prescription medications, the income eligibility level is increased by 25%. [PL 2001, c. 650, §3 (NEW).] B. To the extent reasonably achievable under the federal waiver process, the program must include the full range of prescription drugs provided under the Medicaid program on the effective date of this subsection and must limit copayments and cost sharing for participants. If cost sharing above the nominal cost sharing for the Medicaid program is determined to be necessary, the department may use a sliding scale to minimize the financial burden on lower-income participants. [PL 2001, c. 650, §3 (NEW).] C. Coverage under the program may not be less beneficial to persons who meet the qualifications of former section 254 than the coverage available under that section on September 30, 2001. [PL 2005, c. 401, Pt. C, §6 (AMD).] D. In determining enrollee benefits under the program, to the extent possible, the department shall give equitable treatment to coverage of prescription medications for cancer, Alzheimer's disease and behavioral health. [PL 2001, c. 650, §3 (NEW).] E. The department is authorized to provide funding for the program by using funds appropriated or allocated to provide prescription drugs under sections 254‑D and 258 . [PL 2005, c. 401, Pt. C, §6 (AMD).] F. The department is authorized to amend the waiver or adjust program requirements as necessary to take advantage of enhanced federal matching funds that may become available. [PL 2001, c. 650, §3 (NEW).] G. If, upon thorough analysis, the department determines that a waiver under this subsection is not feasible or would not significantly benefit participants in the elderly low-cost drug program, the department may decide not to pursue the waiver. Within 30 days of a decision not to proceed with a waiver and before taking action on that decision, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and shall provide a detailed analysis of the reasons for reaching that decision. [PL 2001, c. 650, §3 (NEW).] [PL 2005, c. 401, Pt. C, §6 (AMD).]

1-D. Enrollment fee. The department may assess an annual enrollment fee of $25 for participation in the MaineCare program for a family including a parent or caretaker relative of a child described in subsection 1, paragraph B when the family's income exceeds 150% of the nonfarm income official poverty line. [PL 2023, c. 597, §9 (AMD).]

2. Resource test. The department may not apply a resource test to those children and pregnant women who are made eligible under this section, unless these persons also receive Temporary Assistance for Needy Families or United States Supplemental Security Income benefits. [PL 1989, c. 502, Pt. A, §72 (NEW); PL 1997, c. 530, Pt. A, §34 (AMD).]

3. Benefits authorized. The scope of medical assistance to be provided within this section must be that authorized by the Federal Sixth Omnibus Budget Reconciliation Act, Public Law 99-509. [PL 2019, c. 485, §2 (AMD).]

4. Transitional Medicaid. The department shall administer a program of transitional Medicaid to families receiving benefits under Section 1931 of the federal Social Security Act in accordance with 42 United States Code, Section 1396r‑6 and this subsection. The amount, duration and scope of services provided under this subsection must be the same as that provided to a parent or caretaker relative of a child described in subsection 1, paragraph B. A. The department shall provide transitional Medicaid for a 12‑month extension period in accordance with 42 United States Code, Section 1396r‑6, Subsection (a), Paragraph (5) to families whose eligibility for Medicaid assistance terminated due to an increase in earned income, an increase in hours of employment or a loss of a time-limited earnings disregard. [PL 2019, c. 485, §2 (NEW).] B. The department shall provide transitional Medicaid for 4 months to families whose eligibility for Medicaid assistance terminated due to an increase in the amount of child support received by the family. [PL 2019, c. 485, §2 (NEW).] [PL 2023, c. 597, §10 (AMD).]
22 M.R.S. § 8622 — ME Code / Title 22 / Subtitle 6 / Chapter 1681 / Section 8622
22 §8622. Licensing of hospice programs
Status: in_force

1. License required. Beginning January 1, 1995, a person, partnership, association or corporation may not represent itself as a hospice program, operate a hospice program or otherwise provide hospice services unless the person, partnership, association or corporation has obtained a license by the department. [PL 1993, c. 692, §1 (NEW).]

2. Licenses. If, after receiving an application for a license, the department finds that all the conditions of licensure are met, it shall issue a license to the applicant for a period of 2 years. If the department finds less than full compliance with the conditions of licensure, it may issue a conditional license. The department may issue a conditional license if the applicant fails to comply with applicable laws and rules but the best interest of the public would be served by issuing a conditional license. The conditional license must specify when and what corrections must be made during the term of the conditional license. When an applicant fails to comply with applicable laws and rules, the department may refuse to issue or renew the license. [PL 1993, c. 692, §1 (NEW).]

3. Appeals. An applicant who is denied a license, or whose application is not acted upon with reasonable promptness, has the right of appeal to the commissioner. The commissioner shall provide the appellant with reasonable notice and opportunity for a fair hearing. The commissioner or a member of the department designated and authorized by the commissioner shall hear all evidence pertinent to the matter at issue and render a decision within a reasonable period after the date of the hearing. The hearing must conform to the procedures detailed in this subsection. Review of any action or failure to act under this chapter must be pursuant to Title 5, chapter 375, subchapter VII . An action relative to the denial of a license provided under this chapter must be communicated to the applicant in writing and must include the specific reason or reasons for that action and must state that the person affected has a right to a hearing. [PL 1993, c. 692, §1 (NEW).]

4. Deemed status. A Medicare-certified hospice is deemed to meet the licensure requirements for a hospice program if it attests in writing that it meets all state licensure requirements. [PL 1993, c. 692, §1 (NEW).]

5. Medicare certification and requirements. Beginning July 1, 1996 any hospice program except a volunteer hospice program must be Medicare-certified and meet Medicare requirements to be eligible for licensure as a hospice program. [PL 1995, c. 486, §1 (AMD).]

6. Right of entry and inspection. A duly designated employee of the department may enter the premises of any hospice provider who has applied for a license or who is licensed pursuant to this chapter or rules adopted pursuant to this chapter. These employees may inspect relevant documents of the hospice provider to determine whether the provider is in compliance with this chapter and rules adopted pursuant to this chapter. The right of entry and inspection extends to any premises and documents of providers whom the department has reason to believe are providing hospice services without a license. These entries or inspections must be made with the permission of the owner or person in charge unless a warrant is first obtained from the District Court authorizing that entry or inspection under section 2148 . [PL 1993, c. 692, §1 (NEW).]

7. Application fee. Each application for a license under this chapter must be accompanied by a fee established by the department, based on the cost of survey and enforcement. All fees collected under this subsection must be deposited into the General Fund. [PL 1993, c. 692, §1 (NEW).]

8. Sanctions. A person who violates this chapter commits a civil violation for which a forfeiture not to exceed $100 per day of violation may be adjudged. [PL 1993, c. 692, §1 (NEW).]

9. Compliance. A hospice program must meet all appropriate state rules and federal regulations. [PL 1993, c. 692, §1 (NEW).]

10. Minimum survey requirement. Notwithstanding subsection 4 , a hospice program is not eligible for licensure or renewal of licensure unless the hospice program has had a Medicare survey or a state licensure survey within the previous 3 years. [PL 1993, c. 692, §1 (NEW).]
22 M.R.S. § 2693 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2693
22 §2693. Emergency drug pricing
Status: in_force

In order to achieve the public health purposes listed in section 2691 , maximum retail prices for prescription drugs sold in Maine may be established pursuant to this section. [PL 1999, c. 786, Pt. A, §3 (NEW).]

1. Emergency drug pricing procedures. The following provisions apply to determinations regarding maximum retail prices for prescription drugs and to the procedures for establishing those prices. A. By July 1, 2005, the department shall adopt rules establishing the procedures for adoption and periodic review of maximum retail prices, the procedures for establishing maximum retail prices for new prescription drugs and for reviewing maximum retail prices of selected drugs and the procedures for phasing out or terminating maximum retail prices. [PL 2007, c. 395, §26 (AMD).] B. By January 5, 2006, the commissioner shall determine whether the cost of prescription drugs provided to qualified residents under the Maine Rx Plus Program pursuant to subchapter 1 is reasonably comparable to the lowest cost paid for the same drugs delivered or dispensed in the State. In making this determination the following provisions apply. (1) The commissioner shall review prescription drug use in the MaineCare program using data from the most recent 6-month period for which data is available. (2) Using the data reviewed in subparagraph (1), the commissioner shall determine the 100 drugs for which the most units were provided and the 100 drugs for which the total cost was the highest. (3) For each prescription drug listed in subparagraph (2), the commissioner shall determine the cost for each drug for qualified residents who are provided those drugs under the Maine Rx Plus Program on a certain date. The average cost for each such drug must be calculated. (4) For each prescription drug listed in subparagraph (2), the commissioner shall determine the lowest cost for each drug paid by any purchaser on the date that is used for subparagraph (3) delivered or dispensed in the State, taking into consideration the federal supply schedule and prices paid by pharmaceutical benefits managers and by large purchasers and excluding drugs purchased through the Maine Rx Plus Program. The average cost for each such drug must be calculated. (5) If the average cost for one or more prescription drugs under the Maine Rx Plus Program as determined in subparagraph (3) is not reasonably comparable to the average lowest cost for the same drug or drugs as determined in subparagraph (4), the commissioner shall establish maximum retail prices for any or all prescription drugs sold in the State. Maximum prescription drug prices established under this subparagraph must take effect July 1, 2006. [PL 2003, c. 494, §10 (AMD).] C. In establishing maximum retail prices under this paragraph, the commissioner shall follow procedures set forth by rules adopted by the department. [PL 2007, c. 395, §27 (AMD).] D. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 786, Pt. A, §3 (NEW).] [PL 2007, c. 395, §§26, 27 (AMD).]

2. Select prescription drugs. In making a determination under this section the commissioner may rely on pricing information on a selected number of prescription drugs if that list is representative of the prescription drug needs of the residents of the State and is made public as part of the process of establishing maximum retail prices. [PL 1999, c. 786, Pt. A, §3 (NEW).]

3. Public health or welfare. The commissioner may take actions that the commissioner determines necessary if there is a severe limitation or shortage of or lack of access to prescription drugs in the State that could threaten or endanger the public health or welfare. [PL 1999, c. 786, Pt. A, §3 (NEW).]

4. Appeals. A retailer of prescription drugs may appeal the maximum retail price of a prescription drug established pursuant to this section in accordance with the Maine Administrative Procedure Act. [PL 1999, c. 786, Pt. A, §3 (NEW).]

5. Enforcement. A violation of the maximum retail prices established under this section is a violation of the Maine Unfair Trade Practices Act. [PL 1999, c. 786, Pt. A, §3 (NEW).]
22 M.R.S. § 3941 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3941
22 §3941. Short title
Status: in_force

This Act may be known and cited as "the Maine Indian Child Welfare Act." [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 1545 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1545
22 §1545. Penalty
Status: in_force

A person who violates any provision of this chapter commits a civil violation for which a fine of $100 may be adjudged, except that a fine of up to $1,500 may be adjudged for each violation of this chapter in cases when a person engages in a pattern of conduct that demonstrates a lack of good faith in complying with this chapter. [PL 2005, c. 257, §7 (AMD).]
22 M.R.S. § 8611 — ME Code / Title 22 / Subtitle 6 / Chapter 1680 / Section 8611
22 §8611. Maine Hospice Council established
Status: in_force

The Maine Hospice Council is established to coordinate a statewide hospice program of training, education and advocacy as a body politic and a public instrumentality of the State. For the purposes of this chapter, "council" means the Maine Hospice Council. [PL 1989, c. 596, Pt. F, §2 (NEW).]
22 M.R.S. § 2169 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2169
22 §2169. Issuance of licenses
Status: in_force

The commissioner shall, within 30 days following receipt of application for a license to operate a food establishment or a food salvage establishment or to act as a salvage broker, issue the appropriate license if the applicant is in compliance with this chapter and any rules adopted by the commissioner. When any applicant, upon inspection by the commissioner, is found not to meet the requirements of this chapter or rules adopted under this chapter, the commissioner may issue either a temporary license for a specified period not to exceed 90 days, during which time corrections specified by the commissioner must be made by the applicant for compliance, or a conditional license setting forth conditions that must be met by the applicant to the satisfaction of the commissioner. [PL 1989, c. 664, §4 (AMD).]

A license may be issued for a period of up to 3 years. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. The prescribed fee must accompany the application for license. Licenses may be renewed upon application and payment of the fees, subject to the commissioner's rules and regulations. Licenses erroneously issued by the commissioner are considered void and must be returned to the commissioner on demand. [PL 1999, c. 598, §1 (AMD); PL 1999, c. 598, §4 (AFF).]

Beginning August 1, 2000, each one-, 2- or 3-year license or license renewal issued expires on December 31st of the appropriate year except that, beginning January 1, 2010, each one-year, 2-year or 3-year license or license renewal expires on the date of issuance of the appropriate year. When an initial license is issued or when a license is renewed between August 1, 2000 and August 1, 2003, the license fee is prorated based on the number of months the license is valid and the annual fee. When a license is renewed between January 1, 2010 and January 1, 2011, the period of time that the license is valid may be increased by up to 11 months and the license fee is prorated based on the number of months the license is valid and the annual fee. [PL 2009, c. 393, §10 (AMD).]

The commissioner shall notify license holders not less than 30 days prior to the expiration of their licenses and provide them with any necessary relicensure forms. [PL 1979, c. 672, Pt. A, §56 (NEW).]
22 M.R.S. § 2615 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2615
22 §2615. Notification of noncompliance to regulatory agencies and users
Status: in_force

1. Notification. A public water system shall notify the public of the nature and extent of possible health effects as soon as practicable, but not later than the time period established under subsection 4 , if the system: A. Is not in compliance with a state drinking water rule; [PL 1995, c. 622, §5 (RPR).] B. Fails to perform monitoring, testing or analyzing or fails to provide samples as required by departmental rules; [PL 1995, c. 622, §5 (RPR).] C. Is subject to a variance or an exemption granted under section 2613 ; or [PL 1995, c. 622, §5 (RPR).] D. Is not in compliance with the terms of a variance or an exemption granted under section 2613 . [PL 1995, c. 622, §5 (RPR).] E. [PL 1995, c. 622, §5 (RP).] Public notification under this section must be provided concurrently to the system's local health officer and to the department. When required by law, the department shall forward a copy of the notification to the Administrator of the United States Environmental Protection Agency. The department may require notification to a public water system's individual customers by mail delivery or by hand delivery within a reasonable time, but not earlier than required under federal laws. [PL 2001, c. 574, §14 (AMD).]

2. Certain uses of notification prohibited. Notification received pursuant to this section or information obtained by the exploitation of such notification shall not be used against any person or system providing such notice in any criminal case, except for prosecutions for perjury or the giving of a false statement. [PL 1975, c. 751, §4 (NEW).]

3. Form of notification. In addition to the notification required under subsection 1 , a public water system shall provide public notification pursuant to the requirements in 40 Code of Federal Regulations, Parts 141 to 143 (2001). A. [PL 2001, c. 574, §15 (RP).] B. [PL 2001, c. 574, §15 (RP).] [PL 2001, c. 574, §15 (AMD).]

4. Additional time of notification. A public water system shall provide public notification pursuant to subsection 3 : A. When a boil-water order is properly issued to a public water system under section 2614, subsection 3 , within 24 hours. [PL 2001, c. 574, §15 (AMD).] B. [PL 2001, c. 574, §15 (RP).] C. [PL 2001, c. 574, §15 (RP).] D. [PL 2001, c. 574, §15 (RP).] E. [PL 2001, c. 574, §15 (RP).] F. [PL 2001, c. 574, §15 (RP).] [PL 2001, c. 574, §15 (AMD).]

5. Rulemaking. The commissioner shall adopt rules establishing the procedures for the provision of public notification as required to comply with state and federal laws. Rules adopted pursuant to this section are minor technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1995, c. 622, §6 (NEW).]
22 M.R.S. § 2036 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2036
22 §2036. Hearing
Status: in_force

Before suspension or revocation of its license, if requested, a hearing must be held to show cause why a license should not be suspended or revoked. [PL 1993, c. 600, Pt. B, §16 (AMD).]
22 M.R.S. § 3470 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3470
22 §3470. Title
Status: in_force

This Act may be cited as the Adult Protective Services Act. [PL 1981, c. 527, §2 (NEW).]
22 M.R.S. § 1700-B — ME Code / Title 22 / Subtitle 2 / Chapter 277 / Section 1700-B
22 §1700-B. Rare Disease Advisory Council
Status: in_force

1. Advisory board established. The Rare Disease Advisory Council, as established in Title 5, section 12004‑I, subsection 48‑A and referred to in this section as "the council," advises the commissioner and provides information to the public on issues regarding rare diseases. As used in this section, unless the context otherwise indicates, "rare disease" means a condition or illness that affects fewer than 200,000 persons in the United States. [PL 2021, c. 740, §2 (NEW).]

2. Membership. The council consists of 20 members appointed by the commissioner, or the commissioner's designee, as follows: A. Three physicians who practice in the area of cardiology, emergency care, neurology, oncology, orthopedics, pediatrics or primary care and provide care to persons with rare diseases; [PL 2021, c. 740, §2 (NEW).] B. Two registered nurses who provide care to persons with rare diseases; [PL 2021, c. 740, §2 (NEW).] C. Two administrators of hospitals that provide care to persons with rare diseases, or their designees; [PL 2021, c. 740, §2 (NEW).] D. One representative of the department who provides education concerning rare diseases or the management of chronic conditions; [PL 2021, c. 740, §2 (NEW).] E. One representative of the department who is responsible for epidemiology services; [PL 2021, c. 740, §2 (NEW).] F. One representative of the department who is responsible for administering the MaineCare program; [PL 2021, c. 740, §2 (NEW).] G. The Superintendent of Insurance within the Department of Professional and Financial Regulation, or the superintendent's designee; [PL 2021, c. 740, §2 (NEW).] H. One person representing an insurer operating in the State; [PL 2021, c. 740, §2 (NEW).] I. One person representing biopharmaceutical companies; [PL 2021, c. 740, §2 (NEW).] J. One geneticist practicing in the State; [PL 2021, c. 740, §2 (NEW).] K. One person representing an academic research institution in the State; [PL 2021, c. 740, §2 (NEW).] L. [PL 2023, c. 93, §1 (RP).] M. [PL 2023, c. 93, §2 (RP).] N. One representative of an organization dedicated to providing services to persons with rare diseases; [PL 2023, c. 93, §3 (AMD).] O. One person 18 years of age or older who has had or has a single-gene disorder; [PL 2023, c. 93, §4 (NEW).] P. One person 18 years of age or older who has had or has a rare disease that is not a single-gene disorder; [PL 2023, c. 93, §5 (NEW).] Q. One parent or guardian who has a child with a single-gene disorder; and [PL 2023, c. 93, §6 (NEW).] R. One parent or guardian who has a child with a rare disease that is not a single-gene disorder. [PL 2023, c. 93, §7 (NEW).] The council may, by affirmative vote of a majority of its members, request that the commissioner appoint to the council additional temporary members who have expertise on issues studied by the council. Such members serve for a period determined by the council. [PL 2023, c. 93, §§1-7 (AMD).]

3. Terms; quorum; meetings. Members serve for a term of 3 years and elect a chair from among the members. At the end of a term an outgoing member serves until a successor has been appointed. A member may serve multiple terms. The board shall meet at least once every 3 months to conduct business and to elect officers. A quorum is 11 members. The affirmative vote of a majority of the members present is necessary to decide any business brought before the board. [PL 2021, c. 740, §2 (NEW).]

4. Staff support. The department shall provide such administrative support to the council as necessary to carry out the duties of the council. [PL 2021, c. 740, §2 (NEW).]

5. Duties of council. The council shall: A. Receive and consider reports and input concerning rare diseases from the department and persons whose work relates to rare diseases, including community-based organizations, providers of health care and local and national organizations; [PL 2021, c. 740, §2 (NEW).] B. Increase awareness of the burden caused by rare diseases in the State; [PL 2021, c. 740, §2 (NEW).] C. Determine the effect of delayed or inappropriate treatment on the quality of life for persons with rare diseases and on the economy of this State; [PL 2021, c. 740, §2 (NEW).] D. Identify and distribute publicly available educational resources to providers of health care in order to foster recognition of symptoms of and treatment for rare diseases among patients of those providers; [PL 2021, c. 740, §2 (NEW).] E. Evaluate the systems for delivery of treatment for rare diseases in place in the State and develop recommendations to improve quality of life and to provide services and reimbursement for those services for persons with rare diseases; [PL 2021, c. 740, §2 (NEW).] F. Convene public hearings and solicit comments from the public related to rare diseases; [PL 2021, c. 740, §2 (NEW).] G. Establish a comprehensive plan for the management of rare diseases in the State, which must include recommendations for the department, the Department of Professional and Financial Regulation, Bureau of Insurance, public and private organizations and businesses and for potential sources of funding, and update the comprehensive plan as necessary; [PL 2021, c. 740, §2 (NEW).] H. Distribute and make available publicly accessible resources for the public on research, diagnosis, treatment and education about rare diseases; and [PL 2021, c. 740, §2 (NEW).] I. Compile an annual report, which must include, without limitation, a summary of the activities of the council and any recommendations of the council for legislation or other policies. The council shall: (1) Post the report on a publicly accessible website maintained by the department; and (2) Submit the report to the Governor, the commissioner and the Superintendent of Insurance within the Department of Professional and Financial Regulation and to the Executive Director of the Legislative Council for transmittal to the Legislature. [PL 2021, c. 740, §2 (NEW).] [PL 2021, c. 740, §2 (NEW).]

6. Authority to report out legislation. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out legislation related to the report required in subsection 5, paragraph I . [PL 2021, c. 740, §2 (NEW).]
22 M.R.S. § 2665 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2665
22 §2665. Submission of plans
Status: in_force

A person may not begin construction of a public pool or spa or substantially alter or reconstruct any public pool or spa without first having submitted plans and specifications to the department for review and approval. The department review is limited to matters relating directly to safety and sanitation. [PL 2007, c. 631, §7 (AMD).]

Submitted plans and specifications must be sealed by a licensed professional engineer under Title 32, chapter 19 and must include a statement by the engineer indicating that the plans and specifications meet the minimum standard for all pools and the minimum standard for all spas published by the American National Standards Institute and the Association of Pool and Spa Professionals or successor organizations as identified by the department by rule. [PL 2023, c. 113, §2 (AMD).]

The design criteria standards that the department is using to review and approve pools and spas must be posted annually on the department's publicly accessible website. [PL 2007, c. 631, §7 (NEW).]
22 M.R.S. § 2430-N — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-N
22 §2430-N. Report to the Legislature
Status: in_force

By February 15th each year, the department shall submit a report that does not disclose identifying information about qualifying patients, cardholders or medical providers to the joint standing committee of the Legislature having jurisdiction over medical cannabis matters that contains for the previous year unless otherwise indicated, at a minimum: [PL 2023, c. 365, §25 (NEW).]

1. Applications and renewals. The number of applications and renewals filed for registry identification cards and registration certificates; [PL 2023, c. 365, §25 (NEW).]

2. Patients and caregivers. The number of qualifying patients and registered caregivers approved in each county; [PL 2023, c. 365, §25 (NEW).]

3. Suspensions or revocations. The number of registry identification cards suspended or revoked; [PL 2023, c. 365, §25 (NEW).]

4. Medical providers. The number of medical providers providing written certifications for qualifying patients; [PL 2023, c. 365, §25 (NEW).]

5. Dispensaries, manufacturing facilities and testing facilities. The number of registered dispensaries, manufacturing facilities and cannabis testing facilities approved in each county; [PL 2023, c. 365, §25 (NEW).]

6. Officers, directors and assistants. The number of officers, directors and assistants of registered caregivers and registered dispensaries, manufacturing facilities and cannabis testing facilities; [PL 2023, c. 365, §25 (NEW).]

7. Medical Use of Cannabis Fund. The revenue and expenses of the Medical Use of Cannabis Fund established in section 2430 ; and [PL 2023, c. 365, §25 (NEW).]

8. Sales tax revenue. The sales tax revenue from the sale of cannabis for medical use deposited into the General Fund for the current and prior fiscal years. [PL 2023, c. 365, §25 (NEW).]
22 M.R.S. § 1812-C — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-C
22 §1812-C. Nursing staff in nursing homes; reimbursement; delegation of duties; and policies
Status: in_force

1. Reimbursement of nursing assistants. Nursing homes shall be entitled to receive reimbursement under the department's principles of reimbursement, in accordance with approved staffing patterns, for long-term care facilities for nursing assistants enrolled in training programs. [PL 1985, c. 738, §1 (NEW).]

2. Training program expenses. Nursing homes shall be entitled to receive reimbursement under the department's principles of reimbursement for long-term care facilities, for all reasonable expenses associated with carrying out a certified nursing assistant educational program, consistent with the department rules governing the licensing and functioning of skilled nursing facilities and intermediate care facilities. [PL 1985, c. 738, §1 (NEW).]

3. Delegation of nursing duties. A registered nurse in a skilled nursing facility or an intermediate care facility may delegate the following functions to nursing assistants enrolled in training programs: A. Distributing clean linens; [PL 1985, c. 738, §1 (NEW).] B. Making unoccupied beds; [PL 1985, c. 738, §1 (NEW).] C. Distributing food trays, water and nourishments; [PL 1985, c. 738, §1 (NEW).] D. Escorting selected patients within the facility; [PL 1985, c. 738, §1 (NEW).] E. Assisting patients with clothing; [PL 1985, c. 738, §1 (NEW).] F. Combing hair; [PL 1985, c. 738, §1 (NEW).] G. Assisting with feeding; and [PL 1985, c. 738, §1 (NEW).] H. Other similar functions that may be safely performed by a nursing assistant enrolled in a training program, provided that the nursing assistant in training has satisfactorily demonstrated the ability to perform the delegated tasks. [PL 1985, c. 738, §1 (NEW).] These functions may be limited to selected residents. [PL 1985, c. 738, §1 (NEW).]

4. Consistent policies. [PL 1987, c. 195, §1 (RP).]

5. Rules; supervision of and delegation to nursing assistants. The Department of Health and Human Services shall revise its rules or adopt rules concerning supervision of and delegation of tasks to certified nursing assistants and nursing assistants in training. The rules shall be developed and adopted jointly by the department and the State Board of Nursing and shall be consistent with other relevant rules. [PL 1987, c. 195, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

6. Rules; maintenance of approved staffing pattern. The department shall revise its rules or adopt rules to require documentation when any nursing home receives reimbursement for an approved staffing pattern which exceeds the minimum staffing level and fails to meet that approved staffing level for one year. Failure to meet the minimum staffing requirements as set forth in the Regulations Governing the Licensure of Long-Term Care Facilities shall be cause for licensure sanctions permitted under law and rules. [PL 1987, c. 195, §2 (NEW).]

6-A. Shared staffing. The department shall permit staff in nursing facilities to be shared with facilities licensed to provide assisted housing services as long as there is a clear, documented audit trail and the staffing in the nursing facilities remains adequate to meet the needs of residents. Staffing to be shared may be based on the average number of hours used per week or month within the assisted housing facility. In a facility licensed to provide assisted housing services under section 7801 in which 2 or more staff are required to be awake and on duty during a night shift, one of the staff may be shared with a nursing facility located in the same building without prior approval from the department, subject to the following provisions. A. Prior notice must be given to the department. [PL 2003, c. 416, §2 (NEW).] B. The assisted housing facility shall maintain its state minimum staffing ratio, and the nursing facility shall maintain its state minimum staffing ratio and its federal licensed nurse staffing requirement. [PL 2023, c. 176, §2 (AMD).] C. The assisted housing facility and the nursing facility shall each post a notice informing the public that, although staffing is shared on the night shift, compliance with the minimum staffing requirements is maintained. [PL 2023, c. 176, §2 (AMD).] D. The department may suspend the facility's ability to share staffing under this subsection if the most recent survey for either level of care indicates deficiencies that are related to resident care and that arise from the sharing of staff. [PL 2003, c. 416, §2 (NEW).] [PL 2023, c. 176, §2 (AMD).]

7. Health Occupations Training Project. [PL 1987, c. 777, §6 (RP).]
22 M.R.S. § 1687 — ME Code / Title 22 / Subtitle 2 / Chapter 270-B / Section 1687
22 §1687. Rules
Status: in_force

The Department of Health and Human Services may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , rules to administer this chapter and thereby protect the public health. [PL 1987, c. 8, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1471-D — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-D
22 §1471-D. Certification and licenses
Status: in_force

1. Certification required; commercial applicators and spray contracting firms. Certification is required for commercial applicators and spray contracting firms as follows. A. No commercial applicator may use or supervise the use of any pesticide within the State without prior certification from the board, provided that a competent person who is not certified may use such a pesticide under the direct supervision of a certified applicator; and [PL 1983, c. 819, Pt. A, §42 (NEW).] B. No spray contracting firm may use or supervise the use of any pesticide within the State without prior certification from the board. [PL 1985, c. 122, §2 (AMD).] [PL 1985, c. 122, §2 (AMD).]

2. Certification required, private applicators. No private applicator shall use or supervise the use of any limited or restricted use pesticide without prior certification from the board, provided, that a competent person who is not certified may use such a pesticide under the direct supervision of a certified applicator. [PL 1975, c. 397, §2 (NEW).]

2-A. Certification required; government pesticide supervisor. [PL 2015, c. 58, §5 (RP).]

2-B. Certification required; spotters and monitors. [PL 2015, c. 58, §6 (RP).]

2-C. Exemptions or reduced licensing requirements for certain commercial or custom applications. The board may by rule provide for exemptions from licensing requirements and for reduced licensing requirements for classes of commercial applicators of general-use pesticides applied by hand or nonpowered equipment if the board finds that applications by those classes do not pose a significant risk to health or the environment and the requirement of licensing does not serve a meaningful public purpose. Notwithstanding Title 7, section 610, subsection 6 , rules adopted pursuant to this section to provide exemptions from licensing or reduced licensing requirements are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 245, §3 (NEW).]

2-D. Certification required; private applicator of general use pesticides for food production. A private applicator of general use pesticides may not use or supervise the use of general use pesticides for food production without prior certification from the board, except that a competent person who is not certified may use such a pesticide under the direct supervision of a certified applicator. Additional certification under this section is not required for a person certified as a commercial applicator or a private applicator under subsection 1 or 2 , respectively. [PL 2011, c. 169, §2 (NEW); PL 2011, c. 169, §6 (AFF).]

3. License required, pesticide dealers. No pesticide dealer shall: A. Distribute any limited or restricted use pesticide without a distributor's license from the board; or [PL 1975, c. 397, §2 (NEW).] B. Distribute limited or restricted use pesticides to any person who is not licensed or certified by the board. [PL 1975, c. 397, §2 (NEW).] [PL 1975, c. 397, §2 (NEW).]

4. Application. Application for licenses or certification shall be accompanied by such a reasonable fee as the board may establish by regulation. The applicant shall provide such information regarding the applicant's qualifications and proposed operations and other relevant matters as required by the board. Commercial applicators and spray contracting firms shall be required by the board to provide proof of financial responsibility in custom application as to such amounts as the board may, by regulation, designate; private applicators may also be required to provide such proof. All applicants to the board for certification or licensing shall be required to comply with such standards of competency as are established by the board concerning adequate knowledge of pesticide distribution or use and the related dangers and necessary precautions; provided that, in the case of applicants for commercial certification and pesticide dealers' licenses, such compliance shall be demonstrated by written examination in addition to such other criteria, including performance testing, as the board may establish. [PL 1983, c. 819, Pt. A, §44 (AMD).]

5. Issuance. A license or certification may not be issued by the board unless the board determines that the standards for licensing and certification have been met as to those categories for which the applicant has applied and qualified. If a license or certification is not issued as applied for, the board shall provide written notice to the applicant of the reasons therefor. The license or certificate may be issued upon such terms and conditions as the board considers necessary for the protection of the public health, safety and welfare, and for enforcement and administration of this chapter and the rules adopted pursuant to this chapter. [PL 2015, c. 58, §7 (AMD).]

6. Renewal. Licenses for commercial applicators, spray contracting firms, pesticide dealers and private applicators are valid for such period as prescribed by the board by rule. Application for renewal must be accompanied by such reasonable fee as the board may by rule require. The board may, by rule, require that such renewal application include reexamination or other procedures designed to assure a continuing level of competence to distribute, use or supervise the use of pesticides safely and properly. If the board fails to renew a license upon application of the licensee or certificate holder, it shall afford the licensee or certificate holder an opportunity for a hearing in conformity with Title 5, chapter 375, subchapter 4 . [PL 2015, c. 58, §8 (AMD).]

7. Suspension. A. If the board determines that there may be grounds for revocation of a license or certificate, it may temporarily suspend said license or certificate pending inquiry and opportunity for hearing, provided that such suspension shall not extend for a period longer than 45 days. [PL 1975, c. 397, §2 (NEW).] B. The board shall notify the licensee or certificate holder of the temporary suspension, indicating the basis therefor and informing the licensee or certificate holder of the right to request a public hearing. [PL 1983, c. 819, Pt. A, §47 (AMD).] C. If the licensee or certificate holder fails to request a hearing within 20 days of the date of suspension, such right shall be deemed waived. If the licensee or certificate holder requests such a hearing, notice shall be given at least 20 days prior to the hearing to the licensee or certificate holder and to appropriate federal and state agencies. In addition, public notice shall be given by publication in a newspaper of general circulation in the State and such other publications as the board deems appropriate. [PL 1983, c. 819, Pt. A, §48 (AMD).] D. This subsection is not governed by the provisions of Title 4, chapter 5 or Title 5, chapter 375 . [PL 1999, c. 547, Pt. B, §39 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] [PL 1999, c. 547, Pt. B, §39 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

8. Revocation. The District Court may suspend or revoke the certification or license of a licensee or certificate holder upon a finding that the applicant: A. Is no longer qualified; [PL 1975, c. 397, §2 (NEW).] B. Has engaged in fraudulent business practices in the application or distribution of pesticides; [PL 1975, c. 397, §2 (NEW).] C. Used or supervised the use of pesticides applied in a careless, negligent or faulty manner or in a manner which is potentially harmful to the public health, safety or welfare or the environment; [PL 1975, c. 397, §2 (NEW).] D. Has stored, transported or otherwise distributed pesticides in a careless, faulty or negligent manner or in a manner which is potentially harmful to the environment or to the public health, safety or welfare; [PL 1975, c. 397, §2 (NEW).] E. Has violated the provisions of this chapter or the rules and regulations issued hereunder; [PL 1975, c. 397, §2 (NEW).] F. Has made a pesticide recommendation, use or application, or has supervised such use or application, inconsistent with the labelling or other restrictions imposed by the board; [PL 1975, c. 397, §2 (NEW).] G. Has made false or fraudulent records or reports required by the board under this chapter or under regulations pursuant thereto; [PL 1981, c. 470, Pt. A, §67 (AMD).] H. Has been subject to a criminal conviction under section 14 (b) of the amended FIFRA or a final order imposing a civil penalty under section 14 (a) of the amended FIFRA; or [PL 1981, c. 470, Pt. A, §67 (AMD).] I. Has had the license or certificate, which supplied the basis for the Maine license or certification pursuant to subsection 10 , revoked or suspended by the appropriate federal or other state government authority. [PL 1977, c. 694, §341 (NEW).] [PL 1983, c. 819, Pt. A, §49 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

9. State, federal and local government employees. Individuals who apply pesticides in connection with their duties as officials or employees of federal, state or local governments are subject to the provisions of this chapter concerning licenses and certification, but are exempt from the payment of any fee. [PL 1975, c. 397, §2 (NEW).]

10. Nonresident licenses. The board may issue a license or certificate without examination to nonresidents who are licensed or certified by another state or the Federal Government substantially in accordance with the provisions of this chapter. Licenses or certificates issued pursuant to this subsection may be suspended or revoked in the same manner and on the same grounds as other licenses or certificates issued pursuant to this chapter. Licenses and certificates issued pursuant to this subsection may be suspended or revoked pursuant to subsection 8, paragraph I . [PL 1977, c. 694, §342 (AMD).]

11. Arborists. In the case of persons licensed under Title 7, chapter 404, subchapter II , the board may waive the application fee and may consider the arborist license as prima facie evidence of qualification to use pesticides in the categories of use provided by Title 7, chapter 404 . [PL 1999, c. 84, §4 (AMD).]
22 M.R.S. § 4099-P — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-P
22 §4099-P. Rules
Status: in_force

The department may adopt rules to carry out the purposes of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . Rules may include but are not limited to establishing the factors that support unsubstantiated, indicated and substantiated findings. [PL 2023, c. 248, §4 (NEW).]
22 M.R.S. § 3769-G — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769-G
22 §3769-G. Temporary Assistance for Needy Families block grant; whole family economic security initiatives
Status: in_force

1. Use of block grant funds. In fiscal year 2020-21 and annually thereafter, the department shall provide up to $2,000,000 in funds provided under the Temporary Assistance for Needy Families block grant to community action agencies designated pursuant to section 5324 or other community-based organizations the department finds qualified pursuant to subsection 3 to assist parents with children as the parents pursue stable employment or education intended to lead to employment. The block grant funds must be used to administer services to families with children with income less than 200% of the nonfarm income official poverty line. [PL 2019, c. 484, §4 (NEW).]

2. Required services. Services provided by a community-based organization the department finds qualified pursuant to subsection 3 must include education, including, but not limited to, assisting family members to acquire postsecondary degrees or other credentials, and the provision of health, social and economic support. [PL 2019, c. 484, §4 (NEW).]

3. Qualifications. In order to be qualified under this section, a community action agency designated pursuant to section 5324 or a community-based organization must demonstrate to the department that it has the resources and capacity to implement evidence‑based practices to provide the services required under this section. The department shall annually review contracts awarded under this section on the basis of tangible performance measures; participant satisfaction and well‑being; and fiscal and administrative accountability. [PL 2019, c. 484, §4 (NEW).]

4. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 484, §4 (NEW).]
22 M.R.S. § 3175 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3175
22 §3175. Acceptance of federal provisions
Status: in_force

The department is authorized, subject to the approval of the Governor, to: [PL 1975, c. 771, §225 (AMD).]

1. Apply for assistance. Apply for federal assistance under the United States Social Security Act, as amended, and to comply with such conditions, not inconsistent with this chapter, as may be required for such assistance; and [PL 1973, c. 790, §2 (NEW).]

2. Reports. Make such reports in such form and containing such information as the Federal Government may from time to time require and comply with such provisions as the Federal Government may from time to time find necessary as to assure the correctness and verification of such reports. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 2701 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2701
22 §2701. Duties of department
Status: in_force

The Department of Health and Human Services shall establish the Office of Data, Research and Vital Statistics, which shall maintain a statewide system for the registration of vital statistics. [PL 2009, c. 601, §3 (AMD).]

1. Registrar. The Commissioner of Health and Human Services shall appoint a State Registrar of Vital Statistics, referred to in this chapter as the "state registrar," who must be qualified in accordance with the standards of education and experience prescribed by the Bureau of Human Resources. [PL 2001, c. 574, §17 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Supervision. The state registrar has charge of the statewide system for the registration of vital statistics and is custodian of its files and records. The state registrar: A. Shall preserve all certificates, records and other reports returned to the state registrar under this Title; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Has general supervision of this Title and rules of the department relating to the registration of vital statistics; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Has general supervision of Title 19‑A, chapter 23 ; [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. Shall direct, supervise and control the activities of all persons engaged in the operation of the system of vital statistics; [PL 1995, c. 594, Pt. D, §29 (NEW); PL 1995, c. 594, Pt. E, §2 (AFF).] E. Shall conduct training programs to promote uniformity of policy and procedures throughout the State in matters pertaining to the system of vital statistics; and [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. Shall monitor the accuracy, completeness and validity of all information returned to the state registrar under this Title and Title 19‑A, chapter 23 . [PL 1995, c. 694, Pt. D, §29 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 2001, c. 574, §18 (AMD).]

3. Forms and reports. The state registrar shall prescribe and furnish forms and issue instructions necessary to the administration of the vital statistics system or prescribe other means of transmission of data that accomplishes the purpose of complete and accurate reporting and registration. The state registrar shall prepare and publish annual reports of vital statistics and such other reports as are requested by the department. [PL 1995, c. 260, §1 (AMD).]

4. Uniformity. The forms of certificates, records and other reports required by the laws governing the registration of vital statistics shall be designed with due consideration for national uniformity in vital statistics and record service.

5. Deputy State Registrar. The state registrar may designate an employee of the Office of Data, Research and Vital Statistics to represent the Office of Data, Research and Vital Statistics. The representative is known as the Deputy State Registrar of Vital Statistics and has the authority of the state registrar in the state registrar's absence. [PL 2009, c. 601, §4 (AMD).]

6. Facsimile signature. The state registrar may use a facsimile signature for purposes of making certifications. The facsimile signature and seal of the state registrar on a certification have the same force and effect as the state registrar's holographic signature. [RR 2021, c. 2, Pt. B, §134 (COR).]

7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "File" means the presentation and acceptance of a vital record or report for registration by the Office of Data, Research and Vital Statistics or a municipal clerk as specified in departmental rule. [PL 2009, c. 601, §5 (AMD).] B. "Date of filing" means the date a vital record is accepted for registration by the Office of Data, Research and Vital Statistics or a municipal clerk. [PL 2009, c. 601, §5 (AMD).] [PL 2009, c. 601, §5 (AMD).]

8. Paternity establishment. The state registrar shall offer voluntary paternity establishment services. The state registrar shall maintain and use a form for voluntary acknowledgment of paternity that meets minimum requirements for the form established by the federal Secretary of Health and Human Services. [PL 1997, c. 537, §55 (NEW); PL 1997, c. 537, §62 (AFF).]
22 M.R.S. § 2514 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2514
22 §2514. Licensing
Status: in_force

1. License or registration required. A person may not engage in intrastate commerce in the business of buying, selling, preparing, processing, packing, storing, transporting or otherwise handling meat, meat food products or poultry products, unless that person holds a valid license issued under this chapter or is registered under section 2514‑A . Categories of licensure include: A. Commercial slaughterers; [PL 1999, c. 777, §1 (NEW).] B. [PL 2021, c. 64, §17 (RP).] C. Commercial processors; [PL 1999, c. 777, §1 (NEW).] D. [PL 2021, c. 64, §18 (RP).] E. Wholesale distributors, except that livestock producers and livestock dealers who sell carcasses to or through inspected slaughterhouses are exempt from having to obtain a wholesale distributor's license under this paragraph. All other licensing provisions are applicable; [PL 1999, c. 777, §1 (NEW).] F. Retail vendors; [PL 1999, c. 777, §1 (NEW).] G. Meat and poultry product brokers; [PL 1999, c. 777, §1 (NEW).] G-1. [PL 2015, c. 329, Pt. A, §7 (RP).] H. Renderers; [PL 1999, c. 777, §1 (NEW).] I. Public warehouse operators; [PL 1999, c. 777, §1 (NEW).] J. Animal food manufacturers; [PL 1999, c. 777, §1 (NEW).] K. Handlers of dead, dying, disabled or diseased animals; [PL 2013, c. 304, §3 (AMD).] L. Any other category that the commissioner may by rule establish; and [PL 2013, c. 304, §3 (AMD).] M. Mobile poultry processing unit operators. [PL 2013, c. 304, §4 (NEW).] [PL 2021, c. 64, §§17, 18 (AMD).]

2. Application. A person required to hold a license under subsection 1 shall apply in writing to the commissioner on a form prescribed by the commissioner. In case of a change of ownership or location, a new application must be made. A person engaged in more than one activity subject to licensure shall obtain a separate license for each activity. [PL 1999, c. 777, §1 (NEW).]

3. Investigate circumstances. The commissioner shall investigate all circumstances in connection with an application for licensure to determine whether the applicable requirements of this chapter and rules adopted under this chapter are satisfied. [PL 1999, c. 777, §1 (NEW).]

4. Issuance of license. The commissioner shall issue a license to an applicant who the commissioner determines satisfies the requirements of this chapter and the rules adopted under this chapter. Each license must bear an identifying number. [PL 1999, c. 777, §1 (NEW).]

5. Annual license fee; rules. All licenses issued under this section expire on December 31st. The commissioner shall adopt rules to establish a schedule of fees for licenses issued under this chapter. Fees must be appropriate to the size of the establishment. Notwithstanding Title 5, section 8071, subsection 3, paragraph B , rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 539, Pt. GGGG, §7 (AMD).]

6. Denial, suspension or revocation of license. The commissioner may, after notice and opportunity for hearing in conformance with the applicable provisions of the Maine Administrative Procedure Act, suspend or revoke a license or may take any other action that the commissioner determines appropriate concerning a license. The following are grounds for denial, suspension or revocation of a license: A. The commissioner determines that a false statement was made in the license application; or [PL 1999, c. 777, §1 (NEW).] B. The commissioner finds that the licensee failed to comply with this chapter or the rules made under this chapter. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 7702-B — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7702-B
22 §7702-B. Operating without a license; violations; penalties
Status: in_force

1. License required. A person, firm, partnership, association, corporation or other entity may not without first obtaining a license: A. Manage or operate a long-term care facility as defined in chapter 1666‑B ; [PL 2007, c. 324, §5 (NEW).] B. Operate a child care facility as defined in section 8301‑A, subsection 1‑A, paragraph B ; or [PL 2007, c. 324, §5 (NEW).] C. Operate as a family child care provider as defined in section 8301‑A, subsection 1‑A, paragraph C . [PL 2007, c. 324, §5 (NEW).] [PL 2021, c. 35, §6 (AMD).]

2. Civil penalties. A person, firm, partnership, association, corporation or other entity who violates subsection 1 commits a civil violation and is subject to a civil penalty of not less than $500 nor more than $10,000 per day. Each day of violation constitutes a separate offense. [PL 2007, c. 324, §5 (NEW).]

3. Injunctive relief. Notwithstanding any other remedies provided by law, the Office of the Attorney General may seek an injunction to require compliance with the provisions of subsection 1 . [PL 2007, c. 324, §5 (NEW).]

4. Enforcement. The Office of the Attorney General may file a complaint with the District Court seeking civil penalties or injunctive relief or both for violations of subsection 1 . [PL 2007, c. 324, §5 (NEW).]

5. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 for violations of subsection 1 . [PL 2007, c. 324, §5 (NEW).]

6. Burden of proof. The burden is on the department to prove, by a preponderance of the evidence, that the alleged violations of subsection 1 occurred. [PL 2007, c. 324, §5 (NEW).]

7. Right of entry. To inspect the premises of a long-term care facility, child care facility or family child care provider that the department knows or believes is being operated without a license, the department may enter only with the permission of the owner or person in charge or with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court, authorizing entry and inspection. [PL 2021, c. 35, §7 (AMD).]

8. Administrative inspection warrant. The department and a duly designated officer or employee of the department have the right to enter upon and into the premises of an unlicensed long-term care facility, child care facility or family child care provider with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court at a reasonable time and, upon demand, have the right to inspect and copy any books, accounts, papers, records and other documents in order to determine the state of compliance with subsection 1 . Pursuant to the Maine Rules of Civil Procedure, Rule 80E the department's right of entry and inspection may extend to any premises and documents of a person, firm, partnership, association, corporation or other entity that the department has reason to believe is operating without a license. [PL 2021, c. 35, §8 (AMD).]

9. Noninterference. An owner or person in charge of an unlicensed long-term care facility, child care facility or family child care provider may not interfere with or prohibit the interviewing by the department of residents or consumers of services. [PL 2021, c. 35, §9 (AMD).]

10. Violation of injunction. A person, firm, partnership, association, corporation or other entity that violates the terms of an injunction issued under this section shall pay to the State a fine of not less than $500 nor more than $10,000 for each violation. Each day of violation constitutes a separate offense. In an action brought by the Office of the Attorney General against a person, firm, partnership, association, corporation or other entity for violating the terms of an injunction under this section, the District Court may make the necessary orders or judgments regarding violation of the terms of the injunction. In an action under this section, when a permanent injunction has been issued, the District Court may order the person, firm, partnership, association, corporation or other entity against which the permanent injunction is issued to pay to the General Fund the costs of the investigation of that person, firm, partnership, association, corporation or other entity by the Office of the Attorney General and the costs of suit, including attorney's fees. [PL 2007, c. 324, §5 (NEW).]

11. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 324, §5 (NEW).]
22 M.R.S. § 1965 — ME Code / Title 22 / Subtitle 2 / Chapter 408 / Section 1965
22 §1965. Required office space; support for staff
Status: in_force

The department shall provide office space and support services on a regional basis for the staff of the Public Health Nursing Program to the full extent of required staffing provided in section 1964 in order to derive the maximum benefit from the professional skills of public health nursing staff and to minimize unnecessary driving time. [PL 2017, c. 312, Pt. A, §2 (NEW).]
22 M.R.S. § 2761 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2761
22 §2761. Registration of live births
Status: in_force

A certificate of each live birth that occurs in this State must be filed with the clerk of the municipality in which the live birth occurred or with the state registrar within a reasonable period of time as specified by department rules and must be registered if the certificate has been completed and filed in accordance with this section. [PL 2009, c. 601, §16 (AMD).]

1. Certificate from hospital. When the live birth occurs in a hospital or an institution, or en route to the hospital or institution, the person in charge of the institution or the person's authorized designee shall obtain the personal data, prepare the certificate, certify by signature or by electronic process that the child was born alive at the place and time and on the date stated and file the certificate as directed in this section. The physician or other person in attendance shall provide the medical information required by the certificate in a timely fashion, as specified by department rule. [PL 2009, c. 601, §17 (AMD).]

2. Date of birth. [PL 1995, c. 260, §6 (RP).]

3. Birth outside an institution. When a birth occurs outside an institution, the certificate must be prepared and filed by one of the following in the indicated order of priority: A. The physician or other person in attendance at or immediately after the birth; [PL 1995, c. 260, §6 (AMD).] B. The father; [PL 1995, c. 260, §6 (AMD).] C. The mother; or [PL 1995, c. 260, §6 (AMD).] D. The person in charge of the premises where the live birth occurred. [PL 1995, c. 260, §6 (AMD).]

3-A. Parentage. For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of competent jurisdiction prior to the filing of the birth certificate or unless an attested copy of a gestational carrier agreement as defined in Title 19‑A, section 1832 , subsection 11 is presented that provides otherwise. If the mother was married at the time of either conception or birth, or between conception and birth, the name of the spouse must be entered on the certificate as the parent of the child, unless parentage has been determined otherwise by a court of competent jurisdiction or unless an attested copy of a gestational carrier agreement is presented that provides otherwise. [PL 2015, c. 296, Pt. C, §25 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]

4. Child not born of marriage. Except as otherwise provided in this subsection, if the mother was not married at the time of either conception or birth, or between conception and birth, neither the name of the putative father nor any other information about the putative father may be entered on the certificate without the putative father's written consent and that of the mother. The signature of the putative father on the written consent must be acknowledged before an official authorized to take oaths. The signature of the mother on the mother's written consent must also be acknowledged before an official authorized to take oaths. If a determination of paternity has been made by a court of competent jurisdiction, then the name of the father as determined by the court must be entered on the birth certificate without the father's or the mother's consent. If the putative father executes an acknowledgement of paternity with the department and the putative father is either named in writing by the mother as the father or is presumed to be the father based on the results of blood or tissue-typing tests, the name of the father must be entered on the birth certificate without the father's or the mother's consent. All voluntary acknowledgments and adjudications of paternity in this State must be filed with the Office of Data, Research and Vital Statistics for comparison with information in the state registry of support orders as established in Title 19‑A, section 2104 . [RR 2021, c. 2, Pt. B, §137 (COR).]

4-A. Information verified. Either of the parents of the child or an informant shall verify the accuracy of the personal data to be entered on the certificate. [PL 1995, c. 260, §6 (NEW).]

5. Certificate signed by father and mother. [PL 1995, c. 260, §6 (RP).]

6. Disclosure of social security number. In connection with the preparation and issuance of a birth certificate pursuant to this section, section 2764 or section 2765 , each parent shall furnish the social security account number, or numbers if the parent has more than one number, issued to the parent unless the State Registrar of Vital Statistics, in accordance with regulations prescribed by the Secretary of the United States Department of Health and Human Services, finds good cause for not requiring the furnishing of those numbers. The state registrar shall make numbers furnished under this subsection available to the department in its capacity as the state agency administering the State's plan under the United States Social Security Act, Title IV, Part D. Except as required by federal law, those numbers may not be recorded on the birth certificate in such a manner that the numbers would appear on a certified copy of the certificate. Except as required by federal law, the department may not use any social security number, obtained with respect to the issuance of a birth certificate, for any purpose other than for the administration of the State's plan under the United States Social Security Act, Title IV, Part D. The department shall adopt rules to implement this subsection. [PL 1993, c. 94, §1 (NEW).]
22 M.R.S. § 833 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 833
22 §833. Confidentiality
Status: in_force

No other disclosure of HIV test results may be made without written authorization from both the person tested and the person exposed. [PL 1997, c. 368, §1 (NEW).]
22 M.R.S. § 1580-H — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-H
22 §1580-H. Definitions
Status: in_force

1. "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

2. "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

3. "Allocable share" means allocable share as that term is defined in the Master Settlement Agreement. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

4. "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains A. any roll of tobacco wrapped in paper or in any substance not containing tobacco; or [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] B. tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] C. any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph A of this definition. The term "cigarette" includes "roll-your-own" (i.e, any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette." [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

5. "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and the leading United States tobacco product manufacturers, docketed by the Superior Court on December 9, 1998, in State of Maine v. Philip Morris, et al., Kennebec County Superior Court, Docket No. CV-97-134. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

6. "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with section 1580‑I, subsection 2, paragraph A of this Act. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

7. "Released claims" means Released Claims as that term is defined in the Master Settlement Agreement. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

8. "Releasing parties" means releasing parties as that term is defined in the Master Settlement Agreement. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

9. "Tobacco Product Manufacturer" means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate): A. manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] B. is the first purchaser anywhere for the resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] C. becomes a successor of an entity described in paragraph A or B . [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

The term "tobacco product manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of paragraphs A to C above. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

10. "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs bearing the excise tax stamp of the State or "roll-your-own" tobacco containers. The Attorney General may adopt rules as are necessary to obtain information from any tobacco product retailer, distributor or manufacturer to ascertain the amount of state excise tax paid on tobacco products of each tobacco product manufacturer for each year. Rules established pursuant to this section are routine technical rules, as provided in Title 5, chapter 375, subchapter 2‑A . Notwithstanding any other provision of law, the Bureau of Revenue Services may provide information to the Attorney General as is necessary for a tobacco product manufacturer to compile its escrow payment hereunder. In addition, the Attorney General may subpoena the records of any tobacco product retailer, distributor or manufacturer to enforce this Act. [PL 2003, c. 435, §1 (AMD).]
22 M.R.S. § 1697 — ME Code / Title 22 / Subtitle 2 / Chapter 273 / Section 1697
22 §1697. Work-site high blood pressure programs
Status: in_force

The Bureau of Health shall establish work-site high blood pressure programs at work sites that have not previously been providing regular high blood pressure programs to their employees in order to screen all employees, detect and confirm those who have elevated blood pressures, refer those with elevations to physicians for diagnosis and treatment and continue contact through the year with employees to determine their progress toward blood pressure control. The bureau shall promote new work-site high blood pressure programs for workers, allocate funds for program operation and periodically evaluate program effectiveness. Any such screening program shall be voluntary for both employer and employee. [PL 1983, c. 547, §1 (NEW).]
22 M.R.S. § 3193 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3193
22 §3193. Affordable Health Care Fund (REALLOCATED FROM TITLE 22, SECTION 3192)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3192)

The Affordable Health Care Fund is established to assist individuals with the costs of participation in community health access programs. The fund is a nonlapsing fund and any excess funds may be used only for the purposes of this section. The fund may be used only to subsidize the costs of community health access programs' fees. The department shall establish subsidies on a sliding scale based on income for eligible individuals enrolled in community health access programs. Individuals eligible for health coverage under the Medicaid or Medicare program are not eligible to receive a subsidy from this fund. [RR 2001, c. 1, §27 (RAL).]
22 M.R.S. § 1596 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1596
22 §1596. Abortion data
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus, regardless of the length of gestation. [PL 1989, c. 274, §1 (RPR).] B. [PL 2025, c. 42, §2 (RP).] C. "Health care professional" means a physician or physician associate licensed under Title 32, chapter 36 or 48 or a person licensed under Title 32, chapter 31 to practice as an advanced practice registered nurse. [PL 2019, c. 262, §1 (NEW); PL 2025, c. 316, §3 (REV).] [PL 2025, c. 42, §2 (AMD); PL 2025, c. 316, §3 (REV).]

2. Abortion reports. A report of each abortion performed must be made to the Department of Health and Human Services in a manner prescribed by the department. These reports may not identify the patient by name or include other identifying information. The report must include, without limitation, the following information: A. The date and place the abortion was performed; [PL 2023, c. 416, §1 (NEW).] B. The age of the person on whom the abortion was performed; [PL 2023, c. 416, §1 (NEW).] C. The method used to perform the abortion; and [PL 2023, c. 416, §1 (NEW).] D. The gestational age of the fetus when the abortion was performed. [PL 2023, c. 416, §1 (NEW).] The report containing the information and data required by this subsection must be transmitted by the health care provider to the department not later than 10 days following the end of the month in which the abortion is performed. [PL 2023, c. 416, §1 (RPR).]

3. Miscarriage reports. [PL 2025, c. 42, §3 (RP).]

The identity of any patient or health care professional reporting pursuant to this section is confidential and the department shall take the steps necessary to ensure the confidentiality of the identity of patients or health care professionals reporting pursuant to this section. [PL 2019, c. 262, §1 (AMD).]
22 M.R.S. § 8714 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8714
22 §8714. General public access to data; rules (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The board shall adopt rules to provide for public access to data allowed under this chapter and to implement the requirements of this section. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

1. Confidentiality. All data collected by the organization that contain protected health information are confidential. Data of the organization may be collected, stored and released only in accordance with this chapter and rules adopted pursuant to this chapter. Data of the organization containing protected health information may not be open to public inspection, are not public records for purposes of any state or federal freedom of access laws and may not be examined in any judicial, executive, legislative, administrative or other proceeding as to the existence or content of any individual's identifying health information except that an individual's identifying health information may be used to the extent necessary to prosecute civil or criminal violations regarding information in the organization database. Decisions of the organization or employees and subcommittees of the organization on data release are not reviewable. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

2. General public access; confidentiality. The board shall adopt rules making information provided to the organization under this chapter, except protected health information and other confidential information, available to any person upon request. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

3. Release of data. The board shall adopt rules for the release of data governing all levels of information in the form of de-identified data, limited data sets and protected health information. All uses of released data are governed by the following principles of release: A. Release of protected health information must be limited to only information that is necessary for the stated purpose of the release; [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] B. Data releases must be governed by data use agreements that provide adequate privacy and security measures that include appropriate accountability and notification requirements as required of business associate agreements under HIPAA; [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] C. Follow-up must be provided to ensure data are used as specified and that no protected health information is publicly revealed. The board shall adopt rules providing for any necessary data suppression; and [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] D. Release of more protected health information than a limited data set as described in 45 Code of Federal Regulations, Section 164.514(e) must be approved by the board consistent with state and federal laws. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

4. Certain practitioners. The board shall adopt rules to protect the identity of certain health care practitioners, as it determines appropriate, except that the identity of practitioners performing abortions as defined in section 1596 must be designated as confidential and may not be disclosed. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

5. Notice and comment period. The board shall adopt rules to establish criteria for determining whether information is confidential clinical data, confidential financial data or other protected health information and specify procedures to give affected health care practitioners and payors notice and opportunity to comment in response to requests for information that may be considered confidential. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

6. Identifying information. The board shall adopt rules to provide that individuals may be directly or indirectly identified, including through a linking or reidentification process, only as provided in this chapter and the rules of the board. Any protected health information may be used only for the purposes for which the organization releases it. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

7. Minimum use. The board shall adopt rules to provide that persons gaining access to protected health information may use that information to the minimum extent necessary to accomplish the purposes for which approval was granted and for no other purpose. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

8. Limitation on release. The board may not grant approval for release of data if the board finds that the proposed identification of or contact with individuals would violate any state or federal law or diminish the confidentiality of health care information or the public's confidence in the protection of that information in a manner that outweighs the expected benefit to the public of the proposed investigation. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

9. Release; publication and use of data. The board shall adopt rules to govern the release, publication and use of analyses, reports and compilations derived from the health data made available by the organization. The rules must apply to all data collected, stored and released by the organization, including reports under section 8712 . [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

10. Other privacy protections. Individually identifiable data submitted to the organization that would be protected by Title 5, sections 19203 and 19203‑D , Title 34‑B, section 1207 or 42 United States Code, Section 290dd‑2 may not be linked or reidentified in any way that identifies an individual or in any way for which there is a reasonable basis to believe the information could be used to identify an individual. The board shall adopt rules to ensure privacy and security protections of the data that are at least equivalent to the privacy and security requirements of HIPAA. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

11. Choice regarding disclosure of information. The board shall adopt rules to address the provisions for requirements regarding the disclosure of information in section 8717, subsection 3 . [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

12. Oversight and notification to individuals. Rules developed pursuant to this section must include a definition of "breach" and a procedure for notification to affected individuals that is equivalent to those of HIPAA. If a breach requiring notification to affected individuals has occurred, the board shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters within 30 days of the breach. Information provided pursuant to this subsection must maintain the confidentiality of all individuals affected by the breach. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

13. Individual complaints. The board shall adopt rules to establish a process for an individual to file a complaint if the individual believes that the individual's protected health information has been released by the organization, the board or an employee of the organization, in violation of the board's rules. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

14. Rulemaking. The board shall adopt rules as necessary to implement this section. Rules adopted pursuant to this section are major substantive rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]
22 M.R.S. § 7249-B — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7249-B
22 §7249-B. Opioid medication distribution monitoring information
Status: in_force

A manufacturer of an opioid medication that is available in this State and a wholesaler that sells or distributes an opioid medication in this State shall submit to the department, by electronic means or other format specified in a waiver granted by the department, information for this State submitted to the United States Drug Enforcement Administration's Automation of Reports and Consolidated Orders System pursuant to 21 United States Code, Subchapter I and 21 Code of Federal Regulations, Section 1304.33 at the time that information is submitted to the United States Drug Enforcement Administration. As used in this section, the terms "manufacturer" and "opioid medication" have the same meanings as in Title 32, section 13702‑A . [PL 2019, c. 536, §2 (NEW).]
22 M.R.S. § 1063 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1063
22 §1063. Clinics
Status: in_force

1. Immunization; immunity from liability. The department may offer immunization to the public for protection in case of an epidemic or threatened epidemic as ordered by the commissioner. Notwithstanding any inconsistent provision of any other law, no person who works as a volunteer in a public immunization program set up by the department pursuant to this subsection, without the expectation or receipt of monetary compensation for any aspect of such a program, shall be liable: A. For damages or injuries alleged to have been sustained by a person immunized under the program; nor [PL 1977, c. 304, §2 (NEW).] B. For damages for the death of a person immunized under the program, unless it is established that the injuries or the death were caused willfully, wantonly, recklessly or by gross negligence by the volunteer. [PL 1977, c. 304, §2 (NEW).] [PL 1977, c. 304, §2 (NEW).]

2. Free immunization clinics. The department may conduct free immunization clinics for the public subject to whatever guidelines and regulations the department deems necessary. The department shall notify the public of the free immunization clinics, publicize the time and place of the clinic and require that a record be kept of those immunized. [PL 1977, c. 304, §2 (NEW).]

3. Municipal immunization programs. The department may cooperate with the local health officer of a municipality offering immunization to or conducting free clinics for persons within its jurisdiction. Municipal immunization programs shall be subject to whatever guidelines and regulations the department deems necessary. [PL 1977, c. 304, §2 (NEW).]
22 M.R.S. § 8108 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8108
22 §8108. Search of property
Status: in_force

An administrator or other staff designated by an administrator of a children's home or children's residential care facility may search a resident's backpack or travel bag upon the resident's return to the home or facility if there are reasonable grounds for suspecting that the backpack or travel bag contains misappropriated articles or items that would endanger the health or safety of the resident or other residents. A search of a resident's backpack or travel bag conducted under this section must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the resident and the nature of the suspected misappropriated or harmful items. Following a search of a resident's backpack or travel bag authorized under this section, the administrator or designated staff may confiscate any items found in the resident's possession that are misappropriated or that pose a health or safety risk to the resident or other residents. [PL 2015, c. 240, §1 (NEW).] Revisor's Note: §8108. Fees and terms for licenses (As enacted by PL 2015, c. 267, Pt. RR, §3 is REALLOCATED TO TITLE 22, SECTION 8109)
22 M.R.S. § 1561 — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1561
22 §1561. Removal of private nuisance
Status: in_force

When any source of filth whether or not the cause of sickness is found on private property and determined to be potentially injurious to health, the owner or occupant thereof shall, within 24 hours after notice from the local health officer, at the owner's or occupant's own expense, remove or discontinue it. If the owner or occupant neglects to do so or unreasonably delays doing so, the owner or occupant forfeits a sum not exceeding $300. The local health officer shall cause the nuisance to be removed or discontinued, and all expenses thereof must be repaid to the town by the owner or occupant or by the person who caused or permitted it. [RR 2021, c. 2, Pt. B, §93 (COR).]
22 M.R.S. § 1594 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1594
22 §1594. Failure to preserve life of live born person
Status: in_force

Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the responsible party or parties to Maine law governing homicide, manslaughter and civil liability for wrongful death and medical malpractice. [PL 1977, c. 696, §186 (NEW).]
22 M.R.S. § 7921 — ME Code / Title 22 / Subtitle 6 / Chapter 1666 / Section 7921
22 §7921. Intent
Status: in_force

It is the intent of the Legislature to establish a mechanism for residents of long-term care facilities in this State to articulate their rights and to be responsible for the protection of those rights. [PL 1981, c. 445 (NEW).]