22 M.R.S. § 4005-G — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4005-G
22 §4005-G. Department responsibilities regarding kinship and sibling placement
Status: in_force

1. Kinship preference. Except as provided in subsections 3 , 5 and 6 , in the residential placement of a child, the department shall give preference to an adult relative over a nonrelated caregiver when determining placement for a child, as long as the adult relative meets all relevant state child protection standards. [PL 2017, c. 411, §11 (NEW).]

2. Sibling preference. Except as provided in subsection 3 , in the residential placement of a child, the department shall make reasonable efforts to place a child with all of the child's siblings at the earliest possible time unless the placement is contrary to the safety or well-being of the child or one or more of the siblings. If placing a child with all of the child's siblings is impossible or contrary to the safety or well-being of the child or one or more of the siblings, the department shall place the child with as many of the child's siblings as is possible and consistent with the safety and well-being of the child and the siblings. [PL 2017, c. 411, §11 (NEW).]

3. Exception; reunification. The department is not required to apply the placement preferences in subsections 1 and 2 if documented facts support the conclusion that the placement will interfere with active reunification under section 4041 . If the court orders the department not to commence reunification or to cease reunification or if the court terminates parental rights pursuant to section 4055 , the department must apply the placement preferences in subsections 1 and 2. [PL 2017, c. 411, §11 (NEW).]

4. Identification of adult relatives. Prior to filing a child protection petition under section 4032 , the department shall exercise due diligence to ask each individual that the department has identified as a parent of a child that is the subject of the petition to provide the names and contact information of the following: A. Relatives who have provided care for the child on a temporary basis in the past; [PL 2017, c. 411, §11 (NEW).] B. Relatives who the parent believes would be safe caregivers during family reunification under section 4041 ; and [PL 2017, c. 411, §11 (NEW).] C. Relatives who the parent believes would be able to serve as a safe resource to support family reunification under section 4041 , including by safely supervising visits between the parent and the child. [PL 2017, c. 411, §11 (NEW).] The department shall include the names and contact information of relatives identified by a parent in the petition pursuant to section 4032, subsection 2, paragraphs J and K . When the department identifies or locates a parent after filing the petition, the department shall exercise due diligence to ask that parent to provide the names and contact information of relatives as required by this subsection as soon as possible. [PL 2017, c. 411, §11 (NEW).]

5. Background check. Within 14 days of receiving information about a relative pursuant to subsection 4 , the department shall conduct a background check on that relative unless the relative has informed the department that the relative does not want to provide a residential placement for the child or to serve as a safe resource under subsection 4, paragraph C for the child. The background check must include, at a minimum, obtaining public criminal history record information as defined in Title 16, section 703, subsection 8 from the Maine Criminal Justice Information System and determining whether the relative has been the subject of a child abuse and neglect finding in this or another state. Notwithstanding any other provision of this chapter, the department is not required to consider residential placement of the child with a relative or use a relative as a safe resource under subsection 4, paragraph C if: A. The department has substantiated any report of child abuse or neglect regarding that relative or a substantially equivalent determination regarding that relative has been made in another state; or [PL 2017, c. 411, §11 (NEW).] B. The relative has been convicted of a criminal offense relevant to the relative's ability to provide a safe placement for the child or serve as a safe resource under subsection 4, paragraph C . [PL 2017, c. 411, §11 (NEW).] [PL 2017, c. 411, §11 (NEW).]

6. License as a family foster home. The department is not required to consider residential placement of a child with a relative who does not exercise due diligence to obtain a license as a family foster home, including by applying for a license, attending all required trainings, cooperating with a home study and promptly addressing any problems identified by the department that prevent the department from granting the license. The department is also not required to consider or to continue residential placement of a child with a relative who has exercised due diligence to obtain a license as a family foster home but whose application for a license has been denied. As used in this subsection, "family foster home" has the same meaning as in section 8101, subsection 3 . [PL 2017, c. 411, §11 (NEW).]
22 M.R.S. § 2666 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2666
22 §2666. Health and safety
Status: in_force

1. Employment; communicable disease. [PL 2007, c. 631, §8 (RP).]

2. Nuisance. Any public pool or spa found to be unsanitary, as defined by the department's rules, is declared to be a nuisance. [PL 2007, c. 631, §8 (AMD).]

3. Supervision. Every public pool or spa must be under the supervision of a person as defined in standards by American National Standards Institute and the Association of Pool and Spa Professionals or successor organizations who shall assume the responsibility for compliance with this chapter relating to the safe and sanitary operation and maintenance of a public pool or spa. This chapter may not be construed to require a lifeguard to be on duty when a public pool or spa is open to the public. [PL 2007, c. 631, §8 (AMD).]

4. Anti-entrapment devices required. Every public pool and public spa must comply with the federal swimming pool and spa drain cover standards as specified in the Virginia Graeme Baker Pool and Spa Safety Act, 15 United States Code, Sections 8001 to 8006. The Maine Center for Disease Control and Prevention shall enforce the provisions of this subsection provided federal funds are available to cover all costs associated with this enforcement activity. Enforcement includes, but is not limited to, the closure of any public pool or public spa that does not meet the requirements of the federal swimming pool and spa drain cover standards. [PL 2009, c. 206, §1 (NEW).]
22 M.R.S. § 1471-G — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-G
22 §1471-G. Reports
Status: in_force

1. Pesticide dealers to maintain certain records. All pesticide dealers shall maintain records of pesticide distribution for a period of at least 2 years and shall provide such reports and information as the board may, by regulation, require. [PL 1975, c. 397, §2 (NEW).]

2. Applicators and firms to maintain certain records. All commercial applicators and spray contracting firms shall maintain, for a period of at least 2 years, records indicating the type and amount of pesticide used, the area of use and such other information as the board may require. Said applicators and firms shall provide such information, notification and reports as the board, by regulation, may require. [PL 1983, c. 819, Pt. A, §50 (AMD).]
22 M.R.S. § 1604 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1604
22 §1604. Permit, bond
Status: in_force

The Department of Health and Human Services may also require, prior to the issuance of a permit, that the applicant furnish to the department a bond of a surety company qualified to do business in this State in such an amount as the department shall determine, but in no event more than $5,000, to ensure the public peace, safety and compensation of damage to property, public or private. This requirement for a bond does not preclude the applicant or any other persons from obtaining personal liability insurance for a mass outdoor gathering. Cash or negotiable securities of equivalent value may be furnished in lieu of the bond. The bond must guarantee cleanup by the applicant of the area used for the mass outdoor gathering, compliance by the applicant with any applicable state or local law or regulation and payment by the applicant of all proper claims against the applicant for damage to real or personal property in the municipality for which the permit is issued and arising out of facts done or omitted to be done by the applicant, the applicant's agents or employees. Any person having such a claim may bring an action upon the bond in the Superior Court of the county in which the municipality is located within one year of the occurrence of the act complained of. In furnishing such a bond, the applicant is deemed to have appointed the surety company as agent for the service of process upon the applicant or if cash or securities are supplied in lieu of a bond, the applicant shall in writing appoint an agent for the service of process, irrevocably, for the term within which action may be brought before any permit is issued. [PL 2003, c. 673, Pt. AA, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 778 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 778
22 §778. Reports
Status: in_force

A person registered under section 774 or 775 shall, within 45 days of the date the services are provided, notify the department in writing of the street address and zip code of the client and the results of any tests performed. The department may, by rule, specify an alternative notification procedure and notification period and any additional data required in the report. [PL 2009, c. 278, §2 (AMD).]
22 M.R.S. § 3035 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3035
22 §3035. Fees
Status: in_force

1. Fees. Except as provided in subsections 3 and 4 , the Office of Chief Medical Examiner shall charge a fee for providing report documents, histological slides and other items or additional services sought by a person entitled to obtain that item or service relating to a medical examiner case. Fees are to be paid in advance and according to the following fee schedule: A. For report documents, the fees are as follows: (1) Report documents when no autopsy has been performed, $15; (2) Report documents when an autopsy has been performed, $35; and (3) Report documents under subparagraphs (1) and (2) accompanied by a certificate under section 3022, subsection 6 , an additional fee of $35, $25 of which accrues to the Secretary of State; [PL 2017, c. 284, Pt. FFF, §1 (AMD).] B. For histological slides, the fees are as follows: (1) For each slide, $12.50; (2) A handling fee per case, $25; and (3) For 21 slides or more, an additional handling fee, $25; [PL 2017, c. 335, §2 (AMD).] C. For other items and services such as photographs and transparencies, additional tests relating to toxicology or specimens and videotaping: (1) A handling fee per case, $20; and (2) Anticipated costs of providing the item or service, including shipping charges; and [PL 2017, c. 335, §3 (AMD).] D. For forensic preservation of body fragments and body fluids beyond the period established by the policy of the Office of Chief Medical Examiner, a fee not to exceed $100 per year, per case. [PL 2017, c. 335, §4 (NEW).] [PL 2017, c. 335, §§2-4 (AMD).]

2. Report documents. For purposes of this section, "report documents" in a medical examiner case include the written report under section 3028, subsection 7 ; the written report of the findings of the autopsy under section 3028, subsection 8 ; and associated reports, including, but not limited to, toxicological reports, reports of forensic experts, reports of consultants and reports relating to harvested organs. [PL 1997, c. 598, §1 (NEW).]

3. Exemptions. Exemptions from paying the fees established in subsection 1 are as follows. A. A governmental agency is exempt from all fees in subsection 1 . [PL 1997, c. 598, §1 (NEW).] B. A health care provider who has rendered service to the deceased is exempt from fees for the copy of report documents under subsection 1, paragraph A , subparagraphs (1) and (2). [PL 1997, c. 598, §1 (NEW).] C. A next of kin of the deceased, as defined under section 2843‑A , is exempt from the fee for one copy per family of report documents under subsection 1, paragraph A , subparagraphs (1) and (2). [PL 1997, c. 598, §1 (NEW).] [PL 1997, c. 598, §1 (NEW).]

4. Waiver. Notwithstanding the fee schedule under subsection 1, paragraph A , fees for report documents relating to a medical examiner case may be waived at the discretion of the Chief Medical Examiner. [PL 1997, c. 598, §1 (NEW).]

5. Deposit of fees. All fees collected must be deposited in a nonlapsing dedicated account within the Office of Chief Medical Examiner. [PL 2017, c. 2, Pt. F, §1 (AMD).]
22 M.R.S. § 3475 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3475
22 §3475. Penalty for violations
Status: in_force

A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Any licensed, registered, accredited or certified professional who has been adjudged to have violated a provision of this chapter must, in addition to any financial penalty, be reported by the court or the department to the appropriate professional licensing organization, registration board, accrediting unit or facility. [PL 2003, c. 653, §8 (AMD).]
22 M.R.S. § 1661 — ME Code / Title 22 / Subtitle 2 / Chapter 269 / Section 1661
22 §1661. Legislative intent
Status: in_force

The Legislature finds that rape and sexual assault are crimes of violence that are both underreported and increasing in incidence; that victims of rape need support services and counseling that are currently unavailable from traditional medical or legal institutions; that the recent formation of local and regional rape crisis centers has provided rape and sexual assault victims with vital counseling and intervention services; and that the volunteer efforts of these and future rape crisis centers shall be supported and enhanced on a statewide basis, if possible. The Legislature declares that it is consistent with public policy to fund counseling and preventive educational programs by rape crisis centers. [PL 1983, c. 826, §1 (NEW).]
22 M.R.S. § 1726 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1726
22 §1726. Palliative Care and Quality of Life Interdisciplinary Advisory Council
Status: in_force

The Palliative Care and Quality of Life Interdisciplinary Advisory Council, as established in Title 5, section 12004‑I, subsection 47‑I and referred to in this section as "the advisory council," is established to improve the quality and delivery of patient-centered and family-focused care in accordance with this section. [PL 2015, c. 203, §2 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Palliative care" means patient-centered and family-focused medical care that optimizes quality of life by anticipating, preventing and treating suffering caused by a medical illness or a physical injury or condition that substantially affects a patient's quality of life, including, but not limited to, addressing physical, emotional, social and spiritual needs; facilitating patient autonomy and choice of care; providing access to information; discussing the patient's goals for treatment and treatment options, including, when appropriate, hospice care; and managing pain and symptoms comprehensively. Palliative care does not always include a requirement for hospice care or attention to spiritual needs. [PL 2017, c. 213, §1 (AMD).] B. "Serious illness" means a medical illness or physical injury or condition that substantially affects quality of life for more than a short period of time. "Serious illness" includes, but is not limited to, Alzheimer's disease and related dementias, lung disease, cancer, heart, renal or liver failure and chronic, unremitting or intractable pain such as neuropathic pain. [PL 2017, c. 213, §1 (AMD).] [PL 2017, c. 213, §1 (AMD).]

2. Membership. The advisory council consists of the following members: A. Five persons with experience and expertise in palliative care in acute hospital care, long-term care, in-home care and hospice care with respect to pediatric, youth, adult and elderly populations as follows: (1) Two persons appointed by the Governor. One person must be a physician who is certified by a national board of hospice and palliative medicine. One person must be a registered nurse or advanced practice registered nurse who is certified by a national board for certification of hospice and palliative nurses; and (2) Three persons appointed by the executive director of the Maine Hospice Council, established in section 8611 , who are health professionals with palliative care work experience or expertise in the delivery of palliative care; [PL 2015, c. 203, §2 (NEW).] B. Two persons appointed by the President of the Senate. One person must be a licensed pharmacist with experience working with persons with serious illnesses. One person must represent hospitals in the State; [PL 2015, c. 203, §2 (NEW).] C. Two persons appointed by the Speaker of the House of Representatives. One person must be a licensed social worker with experience working with persons with serious illnesses and their family members. One person must represent health insurers; [PL 2015, c. 203, §2 (NEW).] D. Two persons appointed by the member of the Senate who is the leader of the minority party in the Senate. Both persons must represent statewide organizations that advocate on behalf of persons with serious illnesses; [PL 2015, c. 203, §2 (NEW).] E. Two persons appointed by the member of the House of Representatives who is the leader of the minority party in the House. One person must be a spiritual counselor with experience working with persons with serious illnesses and their family members. One person must represent persons 55 years of age and older; [PL 2023, c. 78, §1 (AMD).] F. The executive director of the Maine Hospice Council, established in section 8611 , who serves as a nonvoting member; and [PL 2023, c. 78, §2 (AMD).] G. One person who is an individual receiving palliative care, or a primary caregiver of an individual receiving palliative care, appointed by the Governor. [PL 2023, c. 78, §3 (NEW).] [PL 2023, c. 78, §§1-3 (AMD).]

3. Terms; vacancies; expense reimbursement. A person appointed to the advisory council serves a 3-year term, subject to termination by decision of the appointing authority. When a vacancy occurs, the appointing authority shall appoint a new member to serve for 3 years. As provided in Title 5, section 12004‑I, subsection 47‑I , members serve on a voluntary basis, are not eligible for payment for their service and may be reimbursed for necessary expenses. [PL 2015, c. 203, §2 (NEW).]

4. Conduct of business. At the first meeting of the advisory council and annually thereafter, the members shall elect from the membership a chair and a vice-chair and shall determine their duties. The chair and vice-chair shall call at least 2 meetings per year and other meetings as requested by a majority of the membership or as determined by the chair and vice-chair. A majority of the membership constitutes a quorum. All meetings of the advisory council are public proceedings, are open to the public and must be held in locations that are convenient for public access and that are provided by the Maine Hospice Council, established in section 8611 . As appropriate to the agenda for the meeting and in conformance with the Maine Administrative Procedure Act, all meetings must provide an opportunity for public comment. [PL 2015, c. 203, §2 (NEW).]

5. Duties. The advisory council shall: A. Consult with and advise the Maine Center for Disease Control and Prevention on matters related to the establishment, maintenance, operation and evaluation of palliative care initiatives in the State; [PL 2015, c. 203, §2 (NEW).] B. Analyze palliative care being provided in the State; [PL 2015, c. 203, §2 (NEW).] C. Make recommendations to improve palliative care and the quality of life of persons with serious illnesses; and [PL 2015, c. 203, §2 (NEW).] D. Submit a report to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs, health and human services matters and insurance and financial services matters by January 1st each year providing the findings and recommendations of the advisory council. [PL 2015, c. 203, §2 (NEW).] [PL 2015, c. 203, §2 (NEW).]

6. Funding. The advisory council may accept funding that is not public funding. [PL 2015, c. 203, §2 (NEW).] Revisor's Note: §1726. Cooperation with law enforcement (As enacted by PL 2015, c. 218, §2 is REALLOCATED TO TITLE 22, SECTION 1727)
22 M.R.S. § 670 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 670
22 §670. Review of oversight activities and funding; report
Status: in_force

1. Review. Representatives of the Office of the Public Advocate, the Department of Public Safety, the radiation control program of the department and the Department of Environmental Protection; an independent expert in radiological and nuclear engineering selected by the radiation control program in the department; and a licensee operating an interim spent fuel storage facility in this State, referred to in this section as "the licensee," shall meet on a regular basis and no fewer than 4 times per calendar year: A. To review activities being undertaken by the licensee, the radiation control program in the department, the Department of Public Safety and other agencies of State Government, including, but not limited to, the department and the Department of Environmental Protection, with respect to ensuring: (1) The protection of public health and safety at the site of the interim spent fuel storage facility; and (2) Timely contract performance by the United States Department of Energy regarding the removal of spent nuclear fuel from the site; [PL 2007, c. 539, Pt. KK, §8 (NEW).] B. To identify necessary activities to be undertaken by the parties in paragraph A for the next calendar year to ensure the protection of public health and safety at the site of the interim spent fuel storage facility and timely contract performance by the United States Department of Energy regarding the removal of spent nuclear fuel from the site; and [PL 2007, c. 539, Pt. KK, §8 (NEW).] C. To develop recommendations regarding funding requirements to carry out the activities identified in paragraph B . [PL 2007, c. 539, Pt. KK, §8 (NEW).] [PL 2007, c. 539, Pt. KK, §8 (NEW).]

2. Report. Based on the activities conducted under subsection 1 , the radiation control program in the department, in consultation with the Office of the Public Advocate, the Department of Public Safety, the Department of Environmental Protection, the independent expert in radiological and nuclear engineering selected under subsection 1 and the licensee, referred to in this subsection as "the consulting parties," shall prepare and submit an annual report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters no later than February 15th of each year. The report must provide a summary of the review conducted pursuant to subsection 1 and include specific recommendations regarding funding requirements for the next calendar year pursuant to subsection 1, paragraph C . If the radiation control program in the department and the consulting parties are unable to agree on recommendations regarding funding requirements, the consulting parties shall submit their individual recommendations in writing to the radiation control program in the department and the department shall include the individual recommendations of the consulting parties in the report. The radiation control program in the department, with input from the consulting parties, shall determine the format of the report. To assist in the preparation of the report, the Department of Public Safety, the Office of the Public Advocate and the Department of Environmental Protection shall submit to the Department of Health and Human Services no later than December 15th of each year an annual accounting of expenditures of funds from the Interim Spent Fuel Storage Facility Oversight Fund established pursuant to section 668 . [PL 2007, c. 539, Pt. KK, §8 (NEW).]

3. Authority for legislation; annual fee. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters shall review the report submitted under subsection 2 , including, but not limited to, the recommendations regarding funding requirements. On the basis of its review, the committee may submit legislation to amend the level of the annual fee required of the licensee under section 669 . [PL 2007, c. 539, Pt. KK, §8 (NEW).]
22 M.R.S. § 3484 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3484
22 §3484. Payment for protective services
Status: in_force

At the time the department makes an evaluation of the case reported, it must be determined, according to regulations set by the commissioner, whether the incapacitated or dependent adult is financially capable of paying for the essential services. To the extent that assets are available to the incapacitated or dependent adult, ward or protected person, the cost of services must be borne by the estate of the person receiving those services. [PL 2003, c. 653, §17 (AMD).]
22 M.R.S. § 2085 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2085
22 §2085. Prohibited referrals and claims for payment
Status: in_force

1. Prohibited referrals. A health care practitioner may refer a patient to an outside facility in which that health care practitioner is an investor only when that health care practitioner directly provides health services within the facility and will be personally involved with the provision of care to the referred patient. [PL 1993, c. 308, §1 (NEW).]

2. Exemption. Referrals by a health care practitioner are exempt from this chapter if the bureau determines that there is demonstrated need in the community for the facility and alternative financing is not available. A health care practitioner does not have to demonstrate a need for alternative financing if the practitioner has sufficient financial resources in the provider's practice without seeking financing from outside sources other than conventional bank loans. Demonstrated need in the community for the facility exists when: A. There is no facility of reasonable quality that provides an appropriate service, or the bureau determines that the quality of health care services would be improved in the community, such as by providing new specialty or subspecialty services without increasing overall health care costs and utilization above levels likely to occur if such an exemption were not granted; [PL 1999, c. 553, §2 (AMD).] B. Use of existing facilities is onerous or creates too great a hardship for patients; [PL 1993, c. 308, §1 (NEW).] C. The facility is formed to own or lease medical equipment that replaces obsolete or otherwise inadequate equipment in or under the control of a hospital located in a federally designated health manpower shortage area; or [PL 1993, c. 308, §1 (NEW).] D. The facility meets other standards established by rule by the bureau, including a standard allowing the bureau to determine whether the fees charged for the health services are competitive with fees charged for those services outside the community. "Community" must be defined by rule by the bureau. The following requirements must be met to be exempt under this section. (1) Individuals who are not in a position to refer patients to a facility must be given a bona fide opportunity to invest in that facility on the same terms as those offered a referring health care practitioner. (2) A health care practitioner who invests may not be required or encouraged to make referrals to the facility or otherwise generate business as a condition of becoming or remaining an investor. (3) The facility shall market or furnish its services to investors who are referring health care practitioners and to other investors on equal terms. (4) The facility may not loan funds or guarantee loans for health care practitioners who are in a position to refer patients to that facility. (5) The income on the health care practitioner's investment must be tied to the health care practitioner's equity in the facility rather than to the volume of referrals made. (6) An investment contract between the facility and the health care practitioner may not include a covenant or noncompetition clause that prevents a health care practitioner from investing in other facilities. (7) When making a referral, a health care practitioner shall disclose to the patient being referred to the facility that health care practitioner's investment interest in that facility. If alternative facilities are reasonably available, the health care practitioner shall provide the patient with a list of alternative facilities. The health care practitioner shall inform the patient that the patient has the option to use an alternative facility and the patient will not be treated differently by the health care practitioner if the patient chooses to use another facility. This subparagraph applies to all investors who are health care practitioners, including those who provide direct care or services for their patients in facilities outside their office practice. (8) If a 3rd-party payor requests information regarding a health care practitioner's investment interest, that information must be disclosed. (9) The facility shall establish an internal utilization review program. (10) If a health care practitioner's financial interest in a facility is incompatible with a referred patient's interest, the health care practitioner shall make alternative arrangements for that patient's care. [PL 1993, c. 308, §1 (NEW).] The bureau shall make its determination on a request for an exemption within 90 days of a completed written request. [PL 1999, c. 553, §1, 2 (AMD).]

3. Exception. It is not a violation of this chapter for a health care practitioner to refer a patient to a publicly traded facility in which that health care practitioner has an investment interest when: A. The facility is listed for trading on the New York Stock Exchange or on the American Stock Exchange or is a national market system security traded under an automated interdealer quotation system operated by the National Association of Securities Dealers; [PL 1993, c. 308, §1 (NEW).] B. The facility, at the end of its most recent fiscal year, had total net assets of at least $50,000,000 related to the furnishing of health services; [PL 1993, c. 308, §1 (NEW).] C. Investment interest obtained after the effective date of this chapter is traded on the exchanges listed in paragraph A ; [PL 1993, c. 308, §1 (NEW).] D. The facility markets or furnishes its services to investors who are referring health care practitioners and to other health care practitioners on equal terms; [PL 1993, c. 308, §1 (NEW).] E. All stock held in that facility, including stock held in the predecessor privately held facility, is of one class without preferential treatment as to status or remuneration; [PL 1993, c. 308, §1 (NEW).] F. The facility does not loan funds or guarantee loans for health care practitioners who are in a position to make referrals to a facility; [PL 1993, c. 308, §1 (NEW).] G. The income on the health care practitioner's investment is tied to the health care practitioner's equity in the facility rather than to the volume of referrals made; and [PL 1993, c. 308, §1 (NEW).] H. The investment interest does not exceed 1/2 of 1% of the facility's total equity. [PL 1993, c. 308, §1 (NEW).] [PL 1993, c. 308, §1 (NEW).]

4. Compelling practitioner. A health care practitioner may not compel or coerce, or attempt to compel or coerce, any other health care practitioner to violate any provision of this chapter. [PL 1993, c. 308, §1 (NEW).]

5. Third-party referrals. A health care practitioner may not participate in any arrangement or plan that is designed to evade the prohibitions in this chapter by using a 3rd party to redirect referrals that are prohibited under subsection 1 if the 3rd party was not involved in the referral. [PL 1993, c. 308, §1 (NEW).]

6. Alternate facilities. If compliance with the community need and alternative financing criteria is not practical, the health care practitioner shall identify to the patient reasonably available alternative facilities. The bureau, by rule, shall designate when compliance is not practical. [PL 1993, c. 308, §1 (NEW).]

7. Bureau opinion. Health care practitioners may request that the bureau render an advisory opinion as to whether a referral to an existing or proposed facility under specified circumstances violates the provision of this chapter. The bureau's opinion is presumptively correct as to whether the provisions of this chapter are violated. [PL 1993, c. 308, §1 (NEW).]

8. Health organizations. Notwithstanding any provision of this chapter, a health care practitioner may refer a patient who is a member of a health maintenance organization or a preferred provider organization licensed in this State for health services to a facility outside that health care practitioner's office or group practice in which that health care practitioner is an investor when the referral is made pursuant to a contract with the organization. [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 3103 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3103
22 §3103. Information upon request
Status: in_force

The commissioner shall give to the Governor or to the Legislature or any committee thereof at any time upon their request information and advice with reference to any charitable or correctional institution about which the commissioner has information. The officers in charge of any institution of a charitable or correctional nature under the inspection of the department and local boards or committees having any powers or duties relative to the management of the institution, and those who are in any way responsible for the administration of public funds used for the relief or maintenance of the poor, shall furnish to the department such information and statistics as may be demanded on such forms as the department may consider necessary to secure uniformity and accuracy in the statements. [RR 2021, c. 2, Pt. B, §153 (COR).]
22 M.R.S. § 4034 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4034
22 §4034. Request for a preliminary protection order
Status: in_force

1. Request. A petitioner may add to a child protection petition a request for a preliminary protection order or may request a preliminary protection order separately from the child protection petition. A request for a preliminary protection order must include a sworn summary of facts to support the request and identify the specific services offered and provided under section 4036‑B, subsection 3 to prevent the removal of the child from the home. [PL 2015, c. 501, §9 (AMD).]

2. Order. If the court finds by a preponderance of the evidence presented in the sworn summary or otherwise that there is an immediate risk of serious harm to the child, it may order any disposition under section 4036 . A preliminary protection order automatically expires at the time of the issuing of a final protection order under section 4035 or a judicial review order under section 4038 . [PL 2001, c. 696, §25 (AMD).]

3. Custodial consent. If the custodian consents in writing and the consent is voluntarily and knowingly executed in court before a judge, or the custodian does not appear after proper notice has been given, then the hearing on the preliminary protection order need not be held, except as provided in subsection 4 . [PL 1983, c. 184, §3 (AMD).]

4. Summary preliminary hearing. The court shall schedule a summary preliminary hearing on a preliminary protection order within 14 days but not less than 7 days after issuance of the preliminary protection order, except that counsel for a parent may request that the hearing take place sooner. Upon request of counsel, the court may conduct the summary preliminary hearing as expeditiously as the court determines the interests of justice require. If a parent, custodian or legal guardian appears for the summary preliminary hearing and does not consent to the preliminary protection order, the court shall conduct a hearing at which the petitioner bears the burden of proof. At a summary preliminary hearing, the court may limit testimony to the testimony of the caseworker, parent, custodian, legal guardian, guardian ad litem, foster parent, preadoptive parent or relative providing care and may admit evidence, including reports and records, that would otherwise be inadmissable as hearsay evidence. If after the hearing the court finds by a preponderance of the evidence that returning the child to the child's custodian would place the child in immediate risk of serious harm, it shall continue the order or make another disposition under section 4036 . If the court's preliminary protection order includes a finding of an aggravating factor, the court may order the department not to commence reunification or to cease reunification, in which case the court shall conduct a hearing on jeopardy and conduct a permanency planning hearing. The hearings must commence within 30 days of entry of the preliminary protection order. If the petitioner has not been able to serve a parent, custodian or legal guardian before the scheduled summary preliminary hearing, the parent, custodian or legal guardian may request a subsequent summary preliminary hearing within 10 days after receipt of the petition. [PL 2015, c. 501, §10 (AMD).]

5. Contents of order. The preliminary protection order must include a notice to the parents and custodians of their right to counsel, as required under section 4032, subsection 2, paragraph G and, if the order was made without consent, notice of the date and time of the summary preliminary hearing. The order must include a notice to the parent or custodian that if a parent or custodian is not served with the petition before the summary preliminary hearing, the parent or custodian is entitled to request a subsequent preliminary hearing within 10 days after receipt of the petition. The order must include a notice that visitation must be scheduled within 7 days of the issuance of the order unless there is a compelling reason not to schedule visitation. [PL 2001, c. 696, §27 (AMD).]

6. Visitation. When the court issues a preliminary protection order, the court shall order the department to schedule visitation with the child's parents and siblings within 7 days of the issuance of the order, unless there is a compelling reason not to schedule such visitation. [PL 2001, c. 696, §28 (NEW).]
22 M.R.S. § 3261 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3261
22 §3261. Agreement for Federal Administration
Status: in_force

1. The department shall enter into an agreement with the Secretary of the United States Department of Health, Education and Welfare or its successors, under which the secretary, through the Social Security Administration, on behalf of the State of Maine, shall administer the program of state supplemental income benefits authorized in sections 3271 and 3274 . The agreement shall contain all requirements for, and limitations and qualifications on, state supplemental income benefits which Title XVI of the United States Social Security Act, as amended, or regulations adopted thereunder, make necessary in order to qualify the State for administration of state supplemental income benefits by the secretary. The agreement may include, but need not be limited to, provisions to implement the programs of state supplemental benefits pursuant to this Part. [PL 1973, c. 790, §3 (NEW).]

2. The department shall take any and all reasonable action necessary to effect an agreement with the secretary of administration of all state supplemental income benefits. Insofar as an agreement pertains to so-called "optional" state supplemental income benefits provided pursuant to section 3271 , such administration by the secretary on behalf of the State shall be effective for benefits payable July 1, 1974 and thereafter. [PL 1973, c. 790, §3 (NEW).]

The department shall take any and all reasonable action to assure that such agreement shall contain provisions that the secretary shall administer the program, particularly as relates to processing of applications, receipt of benefits by eligible applicants, and hearing and reviews, in a manner which is timely and convenient to the applicant and beneficiary. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 1718-G — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-G
22 §1718-G. Requirements for notice to patients of costs for COVID-19 screening and testing
Status: in_force

1. COVID-19 defined. For the purposes of this section, “COVID-19” has the same meaning as in Title 24‑A, section 4320‑P, subsection 1, paragraph A . [PL 2021, c. 28, Pt. A, §2 (NEW).]

2. Notice of costs for COVID-19 screening and testing. A provider, as defined in Title 24‑A, section 4301‑A, subsection 16 , shall, at the time a patient schedules or registers for screening or testing services and before providing screening or testing services for COVID‑19: A. Provide notice of any payment or upfront charge and the amount of that payment or charge that will be due from the patient for the services, including payments or charges for which the provider will submit a claim on the patient’s behalf or for which the patient will need to submit a claim for reimbursement to the patient's health insurance carrier or to the department; [PL 2021, c. 28, Pt. A, §2 (NEW).] B. To the extent applicable, provide the form for requesting coverage from the department through emergency MaineCare coverage; and [PL 2021, c. 28, Pt. A, §2 (NEW).] C. To the extent applicable, inform any patient who will be required to make a payment or upfront charge that there are locations where COVID-19 screening and testing services are provided without such payments and that those locations are identified on the State’s publicly accessible website. [PL 2021, c. 28, Pt. A, §2 (NEW).] [PL 2021, c. 28, Pt. A, §2 (NEW).]

3. Charges to uninsured patients for COVID-19 vaccination prohibited. [PL 2025, c. 55, §2 (RP).]

4. Rules. The department may adopt rules to implement and administer this section to align with any applicable federal regulations. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 28, Pt. A, §2 (NEW).]
22 M.R.S. § 2701-A — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2701-A
22 §2701-A. Contents of certificates and reports
Status: in_force

1. Format. Each certificate, report or other document required by this section must be prepared in the format approved by the state registrar. [PL 1995, c. 260, §3 (NEW).]

2. Filing date. All vital records must contain the date of filing. [PL 1995, c. 260, §3 (NEW).]
22 M.R.S. § 3486 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3486
22 §3486. Cooperation
Status: in_force

All other state and local agencies as well as private agencies receiving public funds shall cooperate with the department in rendering protective services on behalf of incapacitated and dependent adults. [PL 1981, c. 527, §2 (NEW).]
22 M.R.S. § 3786 — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3786
22 §3786. Rules
Status: in_force

The department shall adopt rules in accordance with the Maine Administrative Procedure Act for the implementation of this chapter. [PL 1993, c. 385, §19 (AMD).]

Rules governing services provided under this chapter apply equally to all participating Temporary Assistance for Needy Families recipients, whether those services are provided by the department or any other agency, organization or individual providing TANF program services to participants. [PL 1997, c. 530, Pt. A, §25 (AMD).]
22 M.R.S. § 4034-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4034-A
22 §4034-A. Evidence and findings inadmissible
Status: in_force

1. Evidence. The exception under section 4034, subsection 4 for the admission of evidence that would otherwise be inadmissible hearsay applies to only the preliminary protection hearing under section 4034, subsection 4 . Evidence admitted under that exception is not admissible in any other proceeding unless the evidence is admitted pursuant to the laws and rules of evidence applicable to that other proceeding. [PL 2001, c. 696, §29 (NEW).]

2. Findings. A finding made at the conclusion of a preliminary protection hearing based on evidence that would otherwise be inadmissible hearsay admitted under section 4034, subsection 4 is not admissible in any other proceeding. [PL 2001, c. 696, §29 (NEW).]
22 M.R.S. § 2660-FF — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-FF
22 §2660-FF. Requirements for water treatment equipment (REALLOCATED FROM TITLE 22, SECTION 2660-AA)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 2660-AA)

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Water treatment company" means a company that installs or services water treatment equipment. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] B. "Water treatment equipment" means equipment located inside a private residence and designed to alter the condition of water for human consumption, including by means of filtration, purification, softening and reverse osmosis. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).]

2. Labeling requirements for installation. An employee of a water treatment company shall affix to water treatment equipment installed by the water treatment company on or after July 1, 2024 a label that contains the following information: A. The name of the water treatment company; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] B. The full name of the employee that installed the water treatment equipment; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] C. The date of installation of the water treatment equipment; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] D. A plumbing permit number associated with the installation of the water treatment equipment, if applicable; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] E. The condition the water treatment equipment is intended to treat; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] F. The manufacturer's recommended service interval for the water treatment equipment; [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] G. A service record on which an employee performing service on the equipment can enter the employee's initials and date of service; and [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] H. Any applicable safety precautions or warnings. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).] [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).]

3. Labeling requirements for servicing. If an employee of a water treatment company services a piece of water treatment equipment on or after July 1, 2024 with an affixed service record as described by subsection 2, paragraph G , the employee shall enter the employee's initials and date of service. If the employee services a piece of water treatment equipment that does not have a label containing the information required in subsection 2 or that has a label with incomplete information, the employee shall affix a label containing the information required by subsection 2 , to the extent the employee can ascertain the information. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).]

4. Unfair trade practice. A water treatment company that fails to comply with this section commits an unfair and deceptive act that is a violation of the Maine Unfair Trade Practices Act. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A, §13 (RAL).]
22 M.R.S. § 3174-LLL — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-LLL
22 §3174-LLL. Medicare savings program
Status: in_force

The department shall administer the Medicare savings program as described in 42 United States Code, Section 1396a(a)(10)(E) in accordance with federal law and with this section. [PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]

1. Asset test. The department may not apply an asset test in determining eligibility for the program. [PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]

2. Income eligibility. No later than July 1, 2024, the department shall establish income disregards to determine eligibility so that a person with income that is no more than 185% of the federal poverty level is qualified as a qualified Medicare beneficiary and a person with income that is more than 185% and no more than 250% of the federal poverty level is qualified as a qualified individual. [PL 2023, c. 643, Pt. NN, §1 (AMD).]

3. 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 2023, c. 412, Pt. EEEEE, §4 (NEW).]
22 M.R.S. § 2429-C — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2429-C
22 §2429-C. Edible cannabis products health and safety requirements and restrictions
Status: in_force

In addition to all other applicable provisions of this chapter, edible cannabis products to be sold or offered for sale in a retail transaction in accordance with this chapter: [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).]

1. Cannabinoid content. Must be manufactured in a manner that results in the cannabinoid content within the product being homogeneous throughout the product or throughout each element of the product that has a cannabinoid content; [PL 2017, c. 452, §18 (NEW).]

2. Cannabis content. Must be manufactured in a manner that results in the amount of cannabis concentrate within the product being homogeneous throughout the product or throughout each element of the product that contains cannabis concentrate; [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).]

3. Shape. May not be manufactured in the distinct shape of a human, animal or fruit; [PL 2017, c. 452, §18 (NEW).]

4. Adulterated or misbranded. May not be adulterated or misbranded as prohibited in sections 2156 and 2157, respectively, or contain additives specifically formulated to increase the addictiveness of the edible cannabis product; and A. [PL 2023, c. 679, Pt. A, §19 (RP).] B. [PL 2023, c. 679, Pt. A, §19 (RP).] [PL 2023, c. 679, Pt. A, §19 (RPR).]

5. Addition to trademarked food or drink. May not involve the addition of harvested cannabis to a trademarked food or drink product, except when the trademarked product is used as a component of or ingredient in the edible cannabis product and the edible cannabis product is not advertised or described for sale as containing the trademarked product. [PL 2019, c. 331, §30 (AMD); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 45 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 45
22 §45. Appropriated funds transferable
Status: in_force

The appropriations made by the Legislature to any division of the department may be combined or transferred from one division to another thereof by authority of the Governor when such is deemed necessary. [PL 1977, c. 78, §1 (AMD).]
22 M.R.S. § 2602-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2602-A
22 §2602-A. Fees for testing private water supplies
Status: in_force

1. Purpose. The Legislature finds that there is a growing threat to the State's drinking water from a variety of contaminants or properties and that testing of private residential water supplies is necessary to protect the public health. The Legislature recognizes that certain testing may be prohibitively expensive and accordingly provides for state-funded testing as set forth in this section. [PL 2017, c. 230, §2 (AMD).]

2. Fees. Except as provided in subsection 3 , the department shall charge the average cost of the analysis for an examination, testing or analysis of private residential water supplies requested under this chapter. These fees must be recalculated and deposited according to section 565, subsection 3 and section 568 , except that the fee charged for testing a private residential water supply may not exceed $150 when: A. In the opinion of the department, initial testing or screening performed at the expense of the owner indicates the need for additional testing at a cost in excess of $150 to determine whether that water supply contains contaminants potentially hazardous to human health and that additional testing is essential to the maintenance of public health; or [PL 1983, c. 837, §1 (NEW).] B. In the opinion of the department, there is reason to suspect that a private residential water supply may be affected by contamination potentially hazardous to human health and that additional testing is essential to the maintenance of public health. In making such a determination, the department shall consider the following: (1) The proximity of the private residential water supply to a known or suspected source of contamination; (2) The proximity of the private residential water supply to another private well or water supply known to be contaminated; (3) Information provided in writing to the department by a physician who has seen or treated a person and who has identified contaminated drinking water as a possible cause of the person's condition or symptoms; or (4) Information provided by the owner or a user of the private residential water supply voluntarily or in response to questions asked by personnel of the department. [PL 1991, c. 499, §3 (AMD); PL 1991, c. 499, §26 (AFF).] The department shall waive all fees incurred in connection with the testing of a private residential water supply upon a showing of indigency. [PL 2021, c. 483, Pt. BB, §1 (AMD).]

3. Well water testing for low-income residents. The department shall establish and maintain a program through the Health and Environmental Testing Laboratory established in section 565 to provide free testing for arsenic of the private residential water supplies of low-income residents of the State. The department may not charge any fee or recover any cost as otherwise permitted by this chapter for a test of a private residential water supply performed for a low-income resident of the State under the program established pursuant to this subsection. As used in this subsection, "low-income resident" means a person who receives assistance under the MaineCare program or the food supplement program under section 3104 . [PL 2021, c. 483, Pt. BB, §2 (NEW).]
22 M.R.S. § 4172 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4172
22 §4172. Compacts authorized; definitions
Status: in_force

1. Authorization. The department may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law. [PL 1983, c. 721 (NEW).]

2. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. A. "Adoption assistance state" means the State that is signatory to an adoption assistance agreement in a particular case. [PL 1983, c. 721 (NEW).] B. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of or administered by the United States. [PL 1983, c. 721 (NEW).] C. "Residence state" means the State of which the child is a resident by virtue of the residence of the adoptive parents. [PL 1983, c. 721 (NEW).] [PL 1983, c. 721 (NEW).]
22 M.R.S. § 689 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 689
22 §689. Prohibited uses
Status: in_force

Except for consumer products, it is unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own or possess any source of radiation, unless licensed by or registered with the department in conformance with rules, if any, promulgated in accordance with this Act. Notwithstanding this paragraph, licensing or registration of specific consumer products may be required by the department by rule in specified circumstances. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 3173-I — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-I
22 §3173-I. Maine Telehealth and Telemonitoring Advisory Group
Status: in_force

The Maine Telehealth and Telemonitoring Advisory Group, as established by Title 5, section 12004‑I, subsection 38‑A and referred to in this section as "the advisory group," is created within the department. [PL 2017, c. 307, §3 (NEW).]

1. Membership. The advisory group consists of the commissioner or the commissioner's designee and 9 other members appointed by the commissioner as follows: A. A representative of an organization in this State that has a mission to increase access to telehealth services in rural areas; [PL 2017, c. 307, §3 (NEW).] B. A representative from a home health agency in this State; [PL 2017, c. 307, §3 (NEW).] C. A representative from a nonprofit advocacy organization that represents hospitals in this State; [PL 2017, c. 307, §3 (NEW).] D. A representative from each of 2 separate health care providers of integrated medical services in this State; [PL 2017, c. 307, §3 (NEW).] E. A representative from a behavioral health organization in this State; [PL 2017, c. 307, §3 (NEW).] F. A representative from an entity in this State with experience in the field of pharmacy; and [PL 2017, c. 307, §3 (NEW).] G. Two medical practitioners in this State who use telehealth or telemonitoring as part of their regular practice. [PL 2017, c. 307, §3 (NEW).] [PL 2017, c. 307, §3 (NEW).]

2. Meetings. The advisory group shall hold at least one regular meeting each year. [PL 2019, c. 649, §2 (AMD).]

3. Duties. The advisory group shall: A. Evaluate technical difficulties related to telehealth and telemonitoring services; and [PL 2017, c. 307, §3 (NEW).] B. Make recommendations to the department to improve telehealth and telemonitoring services statewide. [PL 2017, c. 307, §3 (NEW).] [PL 2017, c. 307, §3 (NEW).]

For the purposes of this section, "telehealth" and "telemonitoring" have the same meaning as in section 3173‑H, subsection 1, paragraphs D and E . [PL 2017, c. 307, §3 (NEW).]
22 M.R.S. § 3023-A — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3023-A
22 §3023-A. Medicolegal death investigators; appointment; jurisdiction
Status: in_force

The Chief Medical Examiner may appoint persons who are not physicians as medicolegal death investigators, who have statewide jurisdiction and serve at the pleasure of the Chief Medical Examiner, subject to the Chief Medical Examiner's control and rules adopted by the Chief Medical Examiner. Medicolegal death investigators must meet the certification and training requirements established by the Chief Medical Examiner and must be residents of this State. Medicolegal death investigators may be employees of the Office of Chief Medical Examiner or serve on a fee-for-service basis as determined by the Chief Medical Examiner. A medicolegal death investigator before entering upon the duties of the office must be duly sworn to the faithful performance of the medicolegal death investigator's duty. [PL 2017, c. 475, Pt. A, §35 (AMD).]

The Chief Medical Examiner may implement a training and education program to enhance the technical and oversight expertise of the Office of Chief Medical Examiner and Medicolegal Death Investigator I positions. Notwithstanding any provision of law to the contrary, employees in the Medicolegal Death Investigator I classification who participate in the training and education program and who demonstrate that they have achieved competencies prescribed by the Chief Medical Examiner may progress immediately to the senior position in this classification series. [PL 2019, c. 343, Pt. LL, §1 (NEW).]
22 M.R.S. § 1815 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1815
22 §1815. Fees
Status: in_force

Each application for a license to operate a hospital, convalescent home or nursing home must be accompanied by a nonrefundable fee. Hospitals shall pay $40 for each bed contained within the facility. Nursing and convalescent homes shall pay $26 for each bed contained within the facility. Each application for a license to operate an ambulatory surgical facility must be accompanied by the fee established by the department. The department shall establish the fee for an ambulatory surgical facility, not to exceed $500, on the basis of a sliding scale representing size, number of employees and scope of operations. All licenses must be renewed annually, or for a term of years, as required by law upon payment of a renewal fee. Hospitals shall pay a $40 renewal fee for each bed contained within the facility. Nursing and convalescent homes shall pay a $26 renewal fee for each bed contained within the facility. In the case of a license renewal that is valid for more than one year, the renewal fee must be multiplied by the number of years in the term of the license. The State's share of all fees received by the department under this chapter must be deposited in the General Fund. A license granted may not be assignable or transferable. State hospitals are not required to pay licensing fees. [PL 2011, c. 257, §9 (AMD).]
22 M.R.S. § 272 — ME Code / Title 22 / Subtitle 2 / Chapter 102 / Section 272
22 §272. Tobacco Prevention and Control Program
Status: in_force

1. Program established. The Tobacco Prevention and Control Program is established in the bureau. The purposes of the program are to prevent the State's youths from ever using tobacco products and to assist youths and adults who currently smoke cigarettes and use other tobacco products to discontinue that use. The program includes the following components: A. An ongoing, major media campaign to: (1) Educate the public about the health hazards, costs and other relevant facts surrounding the use of tobacco products; (2) Encourage young people not to begin using tobacco products; (3) Motivate the users of tobacco products to discontinue smoking; and (4) Encourage public acceptance of smoke-free environments; [PL 1997, c. 560, Pt. D, §2 (NEW).] B. Grants for funding community-based programs aimed at tobacco prevention and control, including funding of tobacco prevention and control education for those school administrative units that choose to offer such programs to primary, middle and high school students; for community-based enforcement of state tobacco control laws, including sales to minors and for cessation services; [PL 1997, c. 560, Pt. D, §2 (NEW).] C. Procedures for monitoring and evaluating the prevention and control program, including: (1) Monitoring and maintaining the program's effectiveness through an evaluation of each component; and (2) Assessing the prevalence of the use of tobacco products and knowledge about and attitudes towards such use on a statewide and community basis; and [PL 1997, c. 560, Pt. D, §2 (NEW).] D. In conjunction with law enforcement and other state and federal agencies, increased law enforcement efforts to increase compliance with laws regarding the transportation, distribution and sale of cigarettes and tobacco products. [PL 1997, c. 560, Pt. D, §2 (NEW).] The bureau shall administer the program with the review and advice provided by the council in subsection 2 and may contract for professional services to carry out the program. [PL 1997, c. 560, Pt. D, §2 (NEW).]

2. Tobacco Prevention and Control Advisory Council. The Tobacco Prevention and Control Advisory Council is established under Title 5, section 12004‑I, subsection 36-D to review the program. The advisory council shall provide advice to the bureau in carrying out its duties under this section and ensure coordination of the program with relevant nonprofit and community agencies and the Department of Education, the department and other relevant state agencies. The advisory council consists of 9 members, appointed as follows: A. Two public health officials, appointed by the Governor; [PL 1997, c. 560, Pt. D, §2 (NEW).] B. Two representatives of nonprofit organizations involved in seeking to reduce the use of tobacco products in the State, with one representative appointed by the President of the Senate and one representative appointed by the Speaker of the House of Representatives; [PL 1997, c. 560, Pt. D, §2 (NEW).] C. A person who designs and implements issue-oriented public health media campaigns, appointed by the Governor; [PL 1997, c. 560, Pt. D, §2 (NEW).] D. Two persons involved in designing and implementing community-based education or cessation programs for the prevention of tobacco products use, one to focus on adults, appointed by the President of the Senate, and one to focus on youth, appointed by the Speaker of the House of Representatives; and [PL 1997, c. 560, Pt. D, §2 (NEW).] E. Two members of the public, appointed jointly by the President of the Senate and the Speaker of the House of Representatives in consultation with the leaders of the minority political party. [PL 1997, c. 560, Pt. D, §2 (NEW).] Appointments to the advisory council must be made by October 15, 1997. Members serve for 3-year terms and may be reappointed. When the appointment of all members is complete, the Governor or the Governor's designee shall convene the first meeting of the advisory council no later than November 15, 1997. The advisory council shall choose a chair from among its members and establish its procedure for reaching decisions. The bureau shall provide staff assistance to the advisory council. The advisory council shall report annually on the program to the Governor and the Legislature by December 1st and include any recommendations or proposed legislation to further the purposes of the program. The appointing authority shall fill a vacancy on the advisory council for the remainder of the vacant term. Each member who is not a salaried employee is entitled to compensation as provided in Title 5, section 12004‑I, subsection 36-D , following approval of expenses by the Director of the Bureau of Health. [PL 2011, c. 657, Pt. AA, §58 (AMD).]
22 M.R.S. § 2430-J — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-J
22 §2430-J. Reporting; record keeping; labels
Status: in_force

The department shall develop, implement and maintain a statewide electronic portal through which registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing facilities may submit to the department the records required pursuant to this chapter. The department may not require records submitted through the portal to contain information identifying qualifying patients. [PL 2023, c. 365, §21 (NEW).]

1. Required records. A registered caregiver, a registered dispensary, a cannabis testing facility and a manufacturing facility shall: A. Keep a record of all transfers of cannabis plants and harvested cannabis; [PL 2023, c. 365, §21 (NEW).] B. Keep the books and records for a period of 4 years; and [PL 2023, c. 365, §21 (NEW).] C. Make the books and records maintained under this subsection available for inspection by the department upon the department's request. [PL 2023, c. 365, §21 (NEW).] [PL 2023, c. 365, §21 (NEW).]

2. Required label. A registered caregiver, registered dispensary, cannabis testing facility and manufacturing facility shall accompany all cannabis plants and harvested cannabis being transported pursuant to this chapter with a label that identifies: A. The person transferring the cannabis plants or harvested cannabis, including the person's registry identification number; [PL 2023, c. 365, §21 (NEW).] B. The person receiving the cannabis plants or harvested cannabis, including the person's registry identification number or, if the person is not required to register under this chapter, a unique identifier assigned to the person; [PL 2023, c. 365, §21 (NEW).] C. A description of the cannabis plants or harvested cannabis being transferred, including the amount and form; [PL 2023, c. 365, §21 (NEW).] D. The time and date of the transfer; and [PL 2023, c. 365, §21 (NEW).] E. The destination of the cannabis plants or harvested cannabis. [PL 2023, c. 365, §21 (NEW).] The department may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 365, §21 (NEW).]
22 M.R.S. § 8004 — ME Code / Title 22 / Subtitle 6 / Chapter 1667 / Section 8004
22 §8004. Fire safety
Status: in_force

All procedures and other provisions included in section 7855, subsections 1 and 2 for residential care facilities also apply to drug treatment centers. [PL 2001, c. 596, Pt. B, §18 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
22 M.R.S. § 3110 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3110
22 §3110. Authority to share information
Status: in_force

1. Information provided upon request. Upon request, the department shall provide timely access electronically to income records and program enrollment information of a recipient of assistance under this subtitle to state agencies, quasi-state agencies or other entities for purposes of the administration of and application for the low-income home energy assistance program described in Title 30‑A, section 4722, subsection 1, paragraph W ; the low-income assistance program described in Title 35‑A, section 3214, subsection 2 ; a local, state or federal subsidized housing program; and an energy efficiency program administered by an entity approved by the department or any other entity or program that, in the judgment of the department, provides services or resources that substantially promote the health and well-being of recipients of its services. [PL 2023, c. 412, Pt. VV, §1 (NEW).]

2. Authorization required. Before providing any information pursuant to this section, the department must receive authorization from the recipient of assistance agreeing to the release of that information in accordance with this section. The department shall develop a simplified process to give the recipient of assistance the choice to opt out of authorizing a release of information pursuant to this section at the time of application or recertification for assistance under this subtitle or at another time of the individual's choice. [PL 2025, c. 330, §1 (AMD).]

3. Maintenance fees. The department may charge a reasonable annual maintenance fee to an entity that receives information pursuant to this section. [PL 2023, c. 412, Pt. VV, §1 (NEW).]

4. Duties of recipients of information. Records and program enrollment information obtained pursuant to this section may be used only in accordance with federal and state law and this section. An entity that receives records is responsible for the protection and security of personally identifiable information contained in the records. [PL 2023, c. 412, Pt. VV, §1 (NEW).]

5. Rules. The department shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that rules adopted pursuant to subsection 3 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. VV, §1 (NEW).]
22 M.R.S. § 3763 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3763
22 §3763. Program requirements
Status: in_force

1. Family contract. During the TANF orientation process, a representative of the department and the TANF recipient shall enter into a family contract. The family contract must state the responsibilities of the parties to the agreement including, but not limited to, cooperation in child support enforcement and determination of paternity, the requirements of the ASPIRE-TANF program and referral to parenting activities and health care services. Except as provided in section 3762, subsection 4 , refusal to sign the family contract or to abide by the provisions of the contract, except for referral to parenting activities and health care services, will result in termination of benefits under subsection 1‑A . Failure to comply with referrals to parenting activities or health care services without good cause will result in a review and evaluation of the reason for noncompliance by the representative of the department and may result in sanctions. Written copies of the family contract and a notice of the right to a fair hearing must be given to the individual. The family contract must be amended in accordance with section 3788 when a participant enters the ASPIRE-TANF program and when participation review occurs. Benefits that have been terminated under subsection 1‑A must be restored once the noncomplying adult recipient signs a new family contract and complies with its provisions. [PL 2021, c. 97, §1 (AMD).]

1-A. Partial termination of benefits. Benefits under this chapter must be terminated by the department under the provisions of subsection 1 and sections 3785 and 3785‑A in accordance with this subsection. If an adult recipient fails to meet the conditions of a family contract, the department shall reduce the family's amount of assistance by terminating benefits that apply to that noncomplying adult. A. [PL 2021, c. 97, §2 (RP).] B. [PL 2021, c. 97, §2 (RP).] C. Prior to the implementation of a sanction, the department shall offer the adult recipient an opportunity to claim good cause for noncompliance as described in section 3785 . [PL 2021, c. 97, §2 (AMD).] Benefits that have been terminated under this subsection must be restored once the noncomplying adult recipient signs a new contract under subsection 1 and complies with the provisions of the family contract. [PL 2021, c. 97, §2 (AMD).]

2. Participation. A recipient of TANF shall participate in an education, training or employment program pursuant to this chapter unless exempt under paragraph A , B or C . The following individuals are exempt: A. A recipient who is the single custodial parent or a caretaker relative of a child under one year of age and is personally providing care for that child. This exemption is limited to no more than 12 months per single custodial parent or caretaker relative; [PL 1997, c. 530, Pt. A, §16 (NEW).] B. A recipient who is not a parent or a caretaker relative; and [PL 1997, c. 530, Pt. A, §16 (NEW).] C. A recipient who is a VISTA volunteer under the federal Domestic Volunteer Service Act of 1973. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

3. Custodial parents not yet 20 years of age. A custodial parent under 20 years of age who is a recipient of TANF and has not completed high school or its equivalent shall participate in the ASPIRE-TANF program regardless of the age of the youngest child and attend courses to complete high school, with an emphasis on education in a traditional high school setting. [PL 1997, c. 530, Pt. A, §16 (NEW).]

4. Households headed by minor parents. The following requirements apply to a custodial parent who is under 18 years of age and is not married: A. The family must reside in the household of a parent, legal guardian or other adult relative of that minor parent or in an adult-supervised supportive living arrangement unless: (1) The minor parent does not have a living parent or legal guardian whose whereabouts are known; (2) A living parent or legal guardian of the minor parent does not allow the minor parent to live in the parent's or guardian's home; (3) The minor parent lived apart from the minor's own parent or legal guardian for a period of at least one year before the birth of the dependent child or the minor parent's application for TANF; (4) The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if that minor parent or dependent child resided in the same residence with the minor parent's parent or legal guardian; or (5) There exists other good cause, as defined by rule adopted by the department; and [PL 1997, c. 530, Pt. A, §16 (NEW).] B. TANF benefits must be distributed in the form of vouchers. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

5. Home visit. The department may implement a home visit program in which a representative of the department may visit the homes of all applicants for and recipients of TANF for the following purposes: A. To review the family contract; [PL 1997, c. 530, Pt. A, §16 (NEW).] B. To reinforce the reporting responsibilities of the family, including child support enforcement; [PL 1997, c. 530, Pt. A, §16 (NEW).] C. To verify information provided at the time of application, including checking social security numbers; and [PL 1997, c. 530, Pt. A, §16 (NEW).] D. To request and receive any additional information. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

6. Substantiation of eligibility. The department may appropriately substantiate the facts supporting eligibility stated in any application for TANF assistance. The department shall adopt rules for substantiating relevant facts. The rules must provide for assisting the applicant in obtaining substantiating information when necessary. [PL 1997, c. 530, Pt. A, §16 (NEW).]

7. Earned income tax credit. The department shall advise applicants and recipients of Temporary Assistance for Needy Families regarding the federal earned income tax credit, including the opportunity to receive it as an advanced payment. [PL 1997, c. 530, Pt. A, §16 (NEW).]

8. Alternative aid. The department shall provide alternative aid to applicants who seek short-term assistance in order to obtain or retain employment. The applicants must meet the eligibility requirements established by rule adopted pursuant to section 3762, subsection 3, paragraph A . The alternative aid may not exceed 3 times the value of the monthly TANF grant for which the applicant's family is eligible. An eligible applicant may receive alternative aid no more than once during any 12-month period. If the family reapplies for TANF within 3 months of receiving alternative aid, the family shall repay any alternative aid received in excess of the amount that the family would have received on TANF. The method of repayment must be the same as that used for the repayment of unintentional overpayments in the TANF program. [PL 2005, c. 522, §1 (AMD).]

9. Emergency assistance. The department shall establish and operate a program of emergency assistance to needy families with children. This program must provide benefits to needy families with children in emergency situations in which the family is deprived of the basic necessities essential to its support, including but not limited to, fire and other natural disasters, terminations of utility service or lack of adequate shelter. A. In determining what constitutes an emergency with respect to utility terminations, the department shall grant assistance when an otherwise qualified family has received a disconnection notice and has exhausted their ability to negotiate and pay the terms of a reasonable payment arrangement. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. The program may not be used to supplant local responsibility for operating or funding a general assistance program. [PL 1997, c. 530, Pt. A, §16 (NEW).] C. The department may not expend more than $750,000 annually of state general assistance funds for the purposes of covering the cost of services set out in this subsection. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

10. Home survival skills. The department shall provide and may contract with public and private nonprofit agencies to provide instruction and experiential education for TANF recipients in nutrition, food preparation and home and money management. [PL 1997, c. 530, Pt. A, §16 (NEW).]

11. Restrictions on use of electronic benefits transfer system. A recipient of benefits under this chapter may not expend those benefits using the electronic benefits transfer system established in section 22 for the purchase of the following: A. Tobacco products, as defined in section 1551, subsection 3 ; [PL 2015, c. 484, §1 (NEW).] B. Imitation liquor or liquor, as defined in Title 28‑A, section 2, subsections 13 and 16 , respectively; [PL 2015, c. 484, §1 (NEW).] C. Gambling activity, as defined in Title 8, section 1001, subsection 15 ; [PL 2015, c. 484, §1 (NEW).] D. Lotteries conducted by the State pursuant to Title 8, chapter 14‑A or the Tri-State Lotto Commission pursuant to Title 8, chapter 16 ; [PL 2015, c. 484, §1 (NEW).] E. Bail, as defined by Title 15, section 1003, subsection 1 ; [PL 2015, c. 484, §1 (NEW).] F. Firearms or ammunition; [PL 2015, c. 484, §1 (NEW).] G. Vacation or travel services; [PL 2015, c. 484, §1 (NEW).] H. Publications, services or entertainment that contain or promote obscene matter. For purposes of this paragraph, "obscene matter" has the same meaning as in Title 17, section 2911, subsection 1, paragraph D ; [PL 2017, c. 208, §1 (AMD).] I. Tattoos, as defined by Title 32, section 4201 , or body art; or [PL 2017, c. 208, §1 (AMD).] J. Adult use cannabis and adult use cannabis products, as defined by Title 28‑B, section 102‑A . [PL 2023, c. 679, Pt. C, §4 (AMD).] A person who violates this subsection is subject to those penalties specified in subsection 12 . [PL 2023, c. 679, Pt. C, §4 (AMD).]

12. Penalties. When the department determines based on clear and convincing documentary evidence that a recipient of benefits under this chapter has knowingly purchased a product or service in violation of subsection 11, that recipient is deemed to have received an overpayment in the amount of the prohibited purchase, which may be recovered by the department pursuant to chapter 1055‑A . The recipient is also subject to the following additional penalties: A. For the 1st offense, the recipient may be disqualified from receiving benefits under this chapter for a period that does not exceed 3 months; [PL 2015, c. 484, §1 (NEW).] B. For the 2nd offense, the recipient may be disqualified from receiving benefits under this chapter for a period that does not exceed 12 months; and [PL 2015, c. 484, §1 (NEW).] C. For the 3rd and subsequent offenses, the recipient may be disqualified from receiving benefits under this chapter for a period that does not exceed 24 months. [PL 2015, c. 484, §1 (NEW).] The department shall initiate an administrative hearing for a recipient of benefits who the department has determined has violated subsection 11 . The notice and hearing must be conducted consistent with the department rules governing notice and hearing required for an intentional program violation. [PL 2015, c. 484, §1 (NEW).]
22 M.R.S. § 3029 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3029
22 §3029. Body buried without inquiry
Status: in_force

1. Notification of district attorney or Attorney General. If in any medical examiner case: A. The body is buried: (1) Without inquiry or examination by the medical examiner; (2) Before the inquiry or examination has been completed to the satisfaction of the medical examiner; or (3) Without an autopsy if such was advisable pursuant to section 3028 ; and [PL 1979, c. 538, §9 (NEW).] B. The body is required for that inquiry, examination, completion or autopsy, the medical examiner shall notify the district attorney, for the district in which the body was found, or the Attorney General. [PL 1979, c. 538, §9 (NEW).] [PL 1979, c. 538, §9 (NEW).]

2. Petition for order of exhumation. The district attorney or Attorney General may, under the circumstances enumerated in subsection 1 and if the district attorney or Attorney General finds it to be in the public interest, petition a justice of the Superior Court for an order of exhumation. [PL 2001, c. 222, §10 (AMD).]

3. Report of findings. The medical examiner, Chief Medical Examiner or pathologist who completes the inquiry, examination or autopsy shall report the findings to the justice and to the Office of Chief Medical Examiner. [PL 2001, c. 222, §10 (AMD).]
22 M.R.S. § 2647-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2647-A
22 §2647-A. Protection of public water source
Status: in_force

Any water utility or municipality and the department are authorized to take reasonable steps to protect a public water source from pollution consistent with section 2642 . [PL 1999, c. 761, Pt. 3 (AMD).]

1. Right of entry for water utility. Employees or agents of a water utility may enter upon land within 1,000 feet of a public water source or upon land used for commercial or industrial purposes having a facility, structure or system draining into or suspected of flowing or seeping into a public water source and inspect the facility, structure or system, including any building or structure on that land. Entry onto property under this subsection is not a trespass. The power of entry and inspection may be exercised only after the water utility has made a reasonable effort to obtain permission from the landowner for the inspection. [PL 1991, c. 467, §2 (NEW).]

2. Right of entry for department and consumer-owned water utility. Employees or agents of the department or of a consumer-owned water utility as defined in Title 35‑A, section 6101 may enter any property at reasonable hours or enter any building with the consent of the owner, occupant or agent to inspect a wastewater disposal system draining into or suspected of flowing or seeping into a public water source. Entry onto property under this subsection is not a trespass. An employee or agent of the department or consumer-owned utility may seek an administrative inspection warrant pursuant to the Maine Rules of Civil Procedure, Rule 80E to carry out the purposes of this subsection. [PL 1991, c. 467, §2 (NEW).]

3. Remedy. In addition to rights granted to municipal officers under Title 30‑A, section 3428 , any local or state health inspector or officer may order the owner of any facility, structure or system flowing or seeping into and contaminating a public water source, if the contamination may result in risk to the public health, to remedy the situation. The order must be served in writing and state a time in which the order must be complied with. An order made pursuant to this subsection is not considered an adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act. Any person aggrieved by an order may appeal to the Superior Court within 30 days. [PL 1991, c. 467, §2 (NEW).]

4. Court-ordered remedies. The water utility, municipality or department may petition the Superior Court upon failure of the person named in an order served under subsection 3 to comply with that order. The court, after hearing, may order that appropriate measures be taken. [PL 1991, c. 467, §2 (NEW).]

5. Remedy ordered by water district or consumer-owned utility. If the municipal officers have failed to act on a malfunctioning wastewater disposal unit under Title 30‑A, section 3428 and have notified a consumer-owned water utility as defined in Title 35‑A, section 6101 in writing of their failure to do so, the consumer-owned water utility may assume the rights of municipal officers under Title 30‑A, section 3428 , except that it may not assess a special tax under Title 30‑A, section 3428, subsection 4, paragraph B . [PL 1991, c. 467, §2 (NEW).]

6. Effect on other law. Nothing in this section may be construed to limit in any way any private and special or other law granting a water utility or municipality greater controls for protecting its public water source than those set forth in this section. [PL 1991, c. 467, §2 (NEW).]
22 M.R.S. § 4242 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4242
22 §4242. Financial responsibility
Status: in_force

Financial responsibility for any child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article V thereof in the first instance. In the event of partial or complete default of performance thereunder the Department of Health and Human Services or the private agency supervising the child shall assume financial responsibility. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1908 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1908
22 §1908. Minors
Status: in_force

Notwithstanding section 1503 , family planning services may be furnished to any minor by a health care practitioner. The health care practitioner is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the prevention or treatment under this section. Nothing in this section may be construed to prohibit the health care practitioner rendering the prevention services or treatment from informing the parent or guardian. [PL 2019, c. 236, §9 (NEW).]
22 M.R.S. § 5104-A — ME Code / Title 22 / Subtitle 4 / Chapter 1451 / Section 5104-A
22 §5104-A. State agencies to cooperate
Status: in_force

State agencies shall cooperate fully with the department in carrying out this Part. The department is authorized to request such personnel, financial assistance, facilities and data as are reasonably required to assist it to fulfill its powers and duties. [PL 2011, c. 657, Pt. BB, §7 (AMD).]

State agencies proposing to develop, establish, conduct or administer programs or to assist programs relating to this Part shall, prior to carrying out such actions, consult with the department. [PL 2011, c. 657, Pt. BB, §7 (AMD).]

All agencies of State Government shall advise the department of their proposed administrative fiscal and legislative activities relating to this Part. [PL 2011, c. 657, Pt. BB, §7 (AMD).]

State agencies, in the implementation of their activities relating to this Part, shall keep the department fully informed of their progress. [PL 2011, c. 657, Pt. BB, §7 (AMD).]
22 M.R.S. § 4031 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4031
22 §4031. Jurisdiction; venue
Status: in_force

1. Jurisdiction. The following provisions govern jurisdiction. A. The District Court has jurisdiction over child protection proceedings and jurisdiction over petitions for adoption from permanency guardianship filed by the department. [PL 2011, c. 402, §3 (AMD).] B. The Probate Court and the Superior Court have concurrent jurisdiction to act on requests for preliminary child protection orders under section 4034 . As soon as the action is taken by the Probate Court or the Superior Court, the matter must be transferred to the District Court. [PL 2011, c. 402, §3 (AMD).] C. [PL 1989, c. 270, §12 (RP).] D. The District Court has jurisdiction over judicial reviews transferred to the District Court pursuant to Title 18‑C, section 9‑205 . [PL 2017, c. 402, Pt. C, §62 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. C, §62 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Venue. A. Petitions must be brought in the district where the child legally resides or where the child is present. When a child is in voluntary placement with the department or an agency, the petition may be brought only in the district where the child legally resides. [RR 2021, c. 2, Pt. B, §188 (COR).] B. The court, for the convenience of the parties or in the interests of justice, may transfer the petitions to another district or division. [PL 1979, c. 733, §18 (NEW).] C. A judge from another district, division or county may hear a petition and make a preliminary or final protection order if no judge is available in the district and division in which the petition is filed. [PL 1979, c. 733, §18 (NEW).] [RR 2021, c. 2, Pt. B, §188 (COR).]

3. Scope of authority. The court shall consider and act on child protection petitions regardless of other decrees regarding a child's care and custody. The requirements and provisions of Title 19‑A, chapter 58 do not apply to child protection proceedings. If custody or parentage is an issue in another pending proceeding, the proceedings may be consolidated in the District Court with respect to the issue of custody, parentage or both. In any event, the court shall make an order on the child protection petition in accordance with this chapter. That order takes precedence over any other order regarding the child's care and custody. Nothing in this subsection may be construed to limit the authority of the District Court to determine parentage pursuant to section 4005‑F during the pendency of a child protection proceeding; to consolidate a child protection proceeding with another matter; or to resolve a child protection proceeding through the entry of a parental rights and responsibilities order, guardianship order or adoption order. [PL 2023, c. 63, §3 (AMD).]
22 M.R.S. § 3173-A — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-A
22 §3173-A. Reimbursement for therapy; intermediate care facilities and skilled nursing facilities
Status: in_force

When therapy is nonreimbursable under Title XVIII of the Social Security Act (Medicare), the Department of Health and Human Services shall reimburse an intermediate care facility or skilled nursing facility directly for the costs of physical and occupational therapy to individual residents or for professional consultants, or both, to the staff of the facility in accordance with professional standards of practice. [PL 1977, c. 646 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

Reimbursement shall be included either as an allowable cost of operation in determining the per diem rate or as a separate service for which the facility bills the Medical Assistance Program, whichever method is the less costly to that program while providing adequate and timely reimbursement to the therapist. [PL 1977, c. 646 (NEW).]

In developing regulations to administer this section, the Department of Health and Human Services shall consult with the Maine Chapter of American Physical Therapists Association, the Maine Occupational Therapists Association and other groups as appropriate. The regulations shall be published within 60 days of the effective date of this section. [PL 1977, c. 646 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 8751 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8751
22 §8751. Sentinel event reporting
Status: in_force

There is established under this chapter a system for reporting sentinel events for the purpose of improving the quality of health care and increasing patient safety. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]
22 M.R.S. § 4196 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4196
22 §4196. Institutional care of delinquent children -- Article VI
Status: in_force

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but such a placement may not be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the child's being sent to the other party jurisdiction for institutional care and the court finds that: [RR 2021, c. 2, Pt. B, §195 (COR).]

1. Facilities. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2. Best interest of child. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
22 M.R.S. § 3174-N — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-N
22 §3174-N. Authorization to pursue federal waivers to develop Medicaid managed-care program
Status: in_force

The department is authorized to seek all necessary approvals to establish a Medicaid managed-care demonstration project pursuant to 42 United States Code, Social Security Act, Section 1115. [PL 1993, c. 707, Pt. I, §2 (NEW).]
22 M.R.S. § 2616 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2616
22 §2616. Prohibited acts
Status: in_force

The following acts and the causing thereof are prohibited: [PL 1975, c. 751, §4 (NEW).]

1. Failure to comply with section 2615 or dissemination of certain misleading information. Failure by a supplier of water to comply with the requirements of section 2615 , or dissemination by such supplier of any false or misleading information with respect to remedial actions being undertaken to achieve compliance with state primary drinking water regulations; [PL 1975, c. 751, §4 (NEW).]

2. Failure to comply with regulations and actions under sections 2611, 2612, 2613 and 2614. Failure by a supplier of water to comply with the regulations for water quality, monitoring, maintenance, operations, reporting and corrective actions pursuant to sections 2611 , 2612 , 2613 and 2614 ; and [PL 1975, c. 751, §4 (NEW).]

3. Refusal to allow entry under section 2612. The refusal of a supplier of water to allow entry and inspection of establishments, facilities or other property pursuant to section 2612 . [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 3174-FFF — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-FFF
22 §3174-FFF. State-funded medical program for noncitizens
Status: in_force

1. Coverage provided. Effective July 1, 2022, a person is eligible for the same scope of medical assistance provided under section 3174‑G if the person is a child under 21 years of age who would be eligible for assistance under the federal Medicaid program under Title XIX of the federal Social Security Act but for the person's immigration status. In accordance with 8 United States Code, Section 1621, the State shall appropriate funds in the state budget to provide state-funded medical assistance through the MaineCare program and the children's health insurance program as defined in section 3174‑X, subsection 1, paragraph A for noncitizen individuals who reside in the State and are ineligible for coverage due to federal restrictions relating to immigration status in the federal Medicaid program and the children's health insurance program. [PL 2021, c. 398, Pt. DDD, §1 (NEW).]

2. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 398, Pt. DDD, §1 (NEW).]

Revisor's Note: §3174-FFF. Palliative care reimbursement (As enacted by PL 2021, c. 438, §1 is REALLOCATED TO TITLE 22, SECTION 3174-GGG)

Revisor's Note: §3174-FFF. Ostomy equipment reimbursement (As enacted by PL 2021, c. 467, §1 is REALLOCATED TO TITLE 22, SECTION 3174-HHH)
22 M.R.S. § 8401 — ME Code / Title 22 / Subtitle 6 / Chapter 1675 / Section 8401
22 §8401. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 700, Pt. A, §98 (NEW).]

1. Children. [PL 2001, c. 645, §9 (RP).]

2. Nursery school. "Nursery school" has the same meaning as in section 8301‑A, subsection 1‑A, paragraph D . A. [PL 2001, c. 645, §9 (RP).] B. [PL 2001, c. 645, §9 (RP).] C. [PL 2001, c. 645, §9 (RP).] D. [PL 2001, c. 645, §9 (RP).] [PL 2001, c. 645, §9 (AMD).]
22 M.R.S. § 7855 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7855
22 §7855. Fire safety inspection for residential care facilities
Status: in_force

1. Inspection required. A license may not be issued by the department to a residential care facility until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360 , 2391 or 2392 to make fire safety inspections. This statement must indicate that the residential care facility has complied with applicable fire safety provisions referred to in Title 25, section 2452 . [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Fees. The department shall establish and pay reasonable fees to the Commissioner of Public Safety or a municipal official for each inspection under subsection 1 . [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

3. Local regulations. A local regulation that affects the life-safety requirements of a residential care facility and that is more stringent than those referred to in this section takes precedence. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

4. Requirements for residential care facilities. Residential care facilities must comply with the chapters of the National Fire Protection Association Life Safety Code relating to new and existing residential board and care occupancies adopted by the Commissioner of Public Safety. Residential care facilities must comply as follows. A. A residential care facility that has one to 3 beds must comply with the one-family and 2-family dwelling chapter of the Life Safety Code. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] A-1. A residential care facility with 4 to 6 beds whose residents have prompt evacuation capability, as defined in the Life Safety Code, must comply with the one-family and 2-family dwellings chapter of the Life Safety Code if that residential care facility was licensed under that chapter prior to October 1, 2002. [PL 2003, c. 398, §1 (NEW).] A-2. [PL 2003, c. 510, Pt. G, §1 (NEW); PL 2003, c. 510, Pt. G, §3 (AFF); PL 2003, c. 599, §16 (AFF); MRSA T. 22 §7855, ¶ A-2 (RP).] B. Except as provided in paragraph A‑1 , a residential care facility with 4 to 16 beds must comply with the sections of the Life Safety Code that apply to small facilities and with the chapter relating to new residential board and care occupancy if that facility is a facility that was constructed on or after July 25, 2002 or with the existing residential board and care occupancy chapter if that facility was licensed before July 25, 2002. [RR 2003, c. 2, §80 (COR).] C. A residential care facility with more than 16 beds must comply with the sections of the Life Safety Code that apply to large facilities and with the chapter relating to new residential board and care occupancy if that facility is a facility constructed on or after July 25, 2002 or with the chapter relating to existing residential board and care occupancy if that facility was licensed before July 25, 2002. [PL 2003, c. 398, §1 (AMD).] D. Notwithstanding any other provision of law or rule a residential care facility with 4 or fewer beds is not required to obtain certification from a design specialist to satisfy the requirements of this section or Title 5, section 4594‑F . [PL 2003, c. 398, §1 (NEW).] [RR 2003, c. 2, §80 (COR).]

5. Fire safety inspection and certificate of compliance required for licensure. A fire safety inspection must be performed and a certificate of compliance must be provided to the department before a license to a residential care facility is issued. Inspections must be scheduled to coincide with the term of the license. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

6. Timed drills. Timed drills, as described in the applicable chapters of the National Fire Protection Association Life Safety Code, must be used to determine a residential care facility's capability to evacuate its residents, unless the facility has elected to complete evacuation scores in lieu of timed drills in accordance with the standards described in the National Fire Protection Association Life Safety Code 101A or when timed drills are not required pursuant to the Life Safety Code. When a new resident has participated in a timed drill in another residential care facility within the previous 2 months, the results of that drill may be used to determine evacuation capability in the resident's new facility for a period of up to 4 months. A person who violates or fails to comply with this subsection commits a civil violation for which a forfeiture of not more than $25 per bed for each occurrence of failure to comply may be adjudged. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

7. Requirement for manual fire alarm activation may be waived. For a residential care facility with 4 to 8 beds, the requirement for manual fire alarm activation may be waived at the discretion of the Commissioner of Public Safety. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
22 M.R.S. § 3174-R — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-R
22 §3174-R. Medicaid drug rebate program
Status: in_force

The department shall enter into a drug rebate agreement with each manufacturer of prescription drugs under the Medicaid program, in accordance with the federal Social Security Act, Section 1927, as long as the agreements are consistent with state and federal law and result in a net increase in rebate revenue available to the Maine Medicaid Program. Individual rebate agreements may vary. [PL 2005, c. 397, Pt. A, §20 (RPR).] Revisor's Note: §3174-R. Access to dental services for children under Medicaid (As enacted by PL 1997, c. 667, §1 is REALLOCATED TO TITLE 22, SECTION 3174-S) Revisor's Note: §3174-R. Cub Care program (As enacted by PL 1997, c. 777, Pt. A, §2 is REALLOCATED TO TITLE 22, SECTION 3174-T)
22 M.R.S. § 4061 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4061
22 §4061. Expenses; reimbursement
Status: in_force

1. Department. The department shall care for a child ordered into its custody in licensed or approved family foster homes, in other residential child care facilities or in other living arrangements as appropriate to meet the child's individual needs. [PL 1983, c. 354, §6 (AMD).]

2. Reimbursement. The department may obtain reimbursement for child care expenses from the child's parents according to a support order or agreement. [PL 1979, c. 733, §18 (NEW).]

3. Other custodian. When a child is ordered into the custody of a custodian other than the department, that custodian shall support the child, subject to a support order or agreement. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 2149 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2149
22 §2149. Compensation for home health care providers
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Home health care provider" means an organization designated as a home health agency under rules of the department or certified by Medicare for delivery of home health services. [PL 1987, c. 829, §1 (NEW).] [PL 1987, c. 829, §1 (NEW).]

2. Compensation. In determining levels of reimbursement in rate structures established for home health care providers, the department shall: A. Formulate payment rates for various types of care provided based on the service costs attributable to each home health care provider, as determined by such standard methods as the department may establish; [PL 1987, c. 829, §1 (NEW).] B. Adjust rates accordingly, at least annually, for alternative programs to institutional care for optimal service delivery to eligible clients, but not to exceed the costs of nursing home care; [PL 1987, c. 829, §1 (NEW).] C. Recognize the provider's reasonable costs of recruiting, training and retaining qualified staff, including registered nurses, licensed practical nurses, certified nurse aides, home health aides and allied personnel; and [PL 1987, c. 829, §1 (NEW).] D. Implement this subsection in such a manner which does not result in a decrease in numbers of clients or units of service. The monthly limits on costs per individual receiving in-home services as an alternative to institutional care shall be at least $1,878 for skilled level care and $1,361 for intermediate level care. [PL 1987, c. 829, §1 (NEW).] [PL 1987, c. 829, §1 (NEW).]
22 M.R.S. § 4319 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4319
22 §4319. Liability of relatives for support
Status: in_force

1. Relatives liable. A parent of a child under 25 years of age and a spouse living in or owning property in the State shall support their children or husband or wife in proportion to their respective ability. Liability for burial expenses is governed by section 4313 . [PL 1993, c. 410, Pt. AAA, §12 (AMD).]

2. Rental payments to relatives. A municipality or the State may decide not to make payments for rental assistance on behalf of an otherwise eligible individual when the rental payments would be made to a parent, grandparent, child, grandchild, sibling, parent's sibling or any of their children, unless the municipality finds that the rental arrangement has existed for 3 months prior to the application for assistance and is necessary to provide the relative with basic necessities. [PL 1993, c. 410, Pt. AAA, §12 (AMD).]

3. Recovery of assistance provided. A municipality or the State, after providing general assistance to a dependent of a legally responsible parent or to a person's spouse who is financially capable of providing support, may then seek reimbursement or relief for that support by initiating a complaint to the Superior Court or District Court, including by small claims action, located in the division or county where the legally responsible parent or spouse resides. The court may cause the legally responsible parent or spouse to be summoned and upon hearing or default may assess and apportion a reasonable sum upon those who are found to be of sufficient ability for the support of the eligible person and shall issue a writ of execution. The assessment may not be made to pay any expense for relief provided more than 12 months before the complaint was filed. Any action brought under this section is governed by the Maine Rules of Civil Procedure. The court may, from time to time, make any further order on complaint of an interested party and, after notice is given, alter the assessment or apportionment. [PL 1993, c. 410, Pt. AAA, §12 (AMD).]
22 M.R.S. § 2060 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2060
22 §2060. Bonds of the authority
Status: in_force

1. Negotiable. The authority is authorized from time to time to issue its negotiable bonds for the purpose of financing all or a part of the cost of any projects authorized hereby. In anticipation of the sale of such bonds, the authority may issue negotiable bond anticipation notes and may renew the same from time to time. Such notes shall be paid from any revenues of the authority or other moneys available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as the bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the authority may contain. [PL 1971, c. 303, §1 (NEW).]

2. General obligations. Except as may otherwise be expressly provided by the authority, every issue of its bonds, notes or other obligations is a general obligation of the authority payable from revenues or money of the authority available for the payment of the obligation and not otherwise pledged, subject only to agreements with the holders of particular bonds, notes or other obligations pledging particular revenues or money and subject to any agreements with a participating health care facility, participating institution for higher education or participating institution providing an educational program. Notwithstanding that such bonds, notes or other obligations may be payable from a special fund, they are and must be deemed to be for all purposes negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, Article 8 , subject only to the provisions of such bonds, notes or other obligations for registration. [PL 2007, c. 354, §18 (AMD).]

3. Issuance. The bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the members of the authority and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates, bear interest at such rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as such resolution or resolutions may provide. The bonds or notes may be sold at public or private sale for such price or prices as the authority shall determine. The power to fix the date of sale of bonds, to receive bids or proposals, to award and sell bonds, and to take all other necessary action to sell and deliver bonds may be delegated to the executive director of the authority by resolution of the authority. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds. [PL 1971, c. 303, §1 (NEW).]

4. Provisions. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to: A. Pledging the full faith and credit of the authority, the full faith and credit of a participating health care facility, a participating institution of higher education or a participating institution providing an educational program, all or a part of the revenues of a project or a revenue-producing contract or contracts made by the authority with an individual, partnership, corporation or association or other body, public or private, to secure the payment of the bonds or of a particular issue of bonds, subject to such agreements with bondholders as may then exist; [PL 2007, c. 354, §19 (AMD).] B. The rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues; [PL 1971, c. 303, §1 (NEW).] C. The setting aside of reserves or sinking funds, and the regulation and disposition thereof; [PL 1971, c. 303, §1 (NEW).] D. Limitations on the right of the authority or its agent to restrict and regulate the use of the project; [PL 1971, c. 303, §1 (NEW).] E. Limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the bonds or any issue of the bonds; [PL 1971, c. 303, §1 (NEW).] F. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds; [PL 1971, c. 303, §1 (NEW).] G. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; [PL 1971, c. 303, §1 (NEW).] H. Limitations on the amount of moneys derived from the project to be expended for operating, administrative or other expenses of the authority; [PL 1971, c. 303, §1 (NEW).] I. Defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default; [PL 1971, c. 303, §1 (NEW).] J. The mortgaging of a project and the site thereof for the purpose of securing the bondholders; and [PL 1971, c. 303, §1 (NEW).] K. Such other additional covenants, agreements and provisions as are judged advisable or necessary by the authority for the security of the holders of such bonds. [PL 1971, c. 303, §1 (NEW).] [PL 2007, c. 354, §19 (AMD).]

5. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. [PL 1971, c. 303, §1 (NEW).]

6. Purchase. The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 1817 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1817
22 §1817. Issuance of licenses
Status: in_force

The department is authorized to issue licenses to operate hospitals, sanatoriums, convalescent homes, rest homes, nursing homes, ambulatory surgical facilities and other related institutions that, after inspection, are found to comply with this chapter and any rules adopted by the department. An initial license may be issued for up to 12 months. A license may be renewed for up to 24 months. The fee for this temporary or conditional license is $15 and is payable at the time of issuance of the license regardless of the term. When an institution, upon inspection by the department, is found not to meet all requirements of this chapter or department rules, the department is authorized to issue either: [PL 2007, c. 324, §4 (RPR).]

1. Temporary license. A temporary license for a specified period not to exceed 90 days, during which time corrections specified by the department must be made by the institution for compliance with this chapter and departmental rules, if in the judgment of the commissioner the best interests of the public will be so served; or [PL 2007, c. 324, §4 (NEW).]

2. Conditional license. A conditional license setting forth conditions that must be met by the institution to the satisfaction of the department. [PL 2007, c. 324, §4 (NEW).]

Failure of the institution to meet any of the department's conditions immediately voids the temporary or conditional license by written notice by the department to the licensee or, if the licensee cannot be reached for personal service, by notice left at the licensed premises. A new application for a regular license may be considered by the department if, when and after the conditions set forth by the department at the time of the issuance of this temporary or conditional license have been met and satisfactory evidence of this fact has been furnished to the department. The department may amend, modify or refuse to renew a license in conformity with the Maine Administrative Procedure Act, or file a complaint with the District Court requesting suspension or revocation of any license on any of the following grounds: violation of this chapter or the rules issued pursuant to this chapter; permitting, aiding or abetting the commission of any illegal act in that institution; or conduct of practices detrimental to the welfare of a patient. Whenever, on inspection by the department, conditions are found to exist that violate this chapter or department rules issued pursuant to this chapter that, in the opinion of the commissioner, immediately endanger the health or safety of patients in an institution or create an emergency, the department by its duly authorized agents may, under the emergency provisions of Title 4, section 184, subsection 6 , request that the District Court suspend or revoke the license. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 324, §4 (NEW).]
22 M.R.S. § 776 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 776
22 §776. Exemptions
Status: in_force

The requirements of sections 774 and 775 do not apply to any of the following: [PL 1989, c. 657, §1 (NEW).]

1. Personal use. A person performing testing or mitigation on a building owned or inhabited by that person but not for sale at the time that person performs testing or mitigation on that building; [PL 2001, c. 574, §9 (AMD).]

2. New construction. A builder utilizing preventive or safeguarding measures in new construction as specified in the Maine Uniform Building and Energy Code, adopted pursuant to Title 10, chapter 1103 ; [PL 2011, c. 144, §3 (AMD).]

3. Department employees. Employees of the department in the course of their assigned duties; or [PL 1989, c. 657, §1 (NEW).]

4. Authorized personnel. A person performing testing with the written approval of the department. Registration under section 774 or 775 does not constitute written approval for the purposes of this subsection. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 4199 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4199
22 §4199. Enactment and withdrawal -- Article IX
Status: in_force

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 2 years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
22 M.R.S. § 1833 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1833
22 §1833. Referral of veterans
Status: in_force

1. Screening. A hospital licensed under this chapter shall screen all patients presenting for emergency care at the hospital's emergency department regarding whether or not the patient has prior service in the military. This information must be added to the hospital's patient data management system. [PL 2021, c. 430, §1 (NEW).]

2. Referral. If a patient presenting for emergency care at the emergency department of a hospital licensed under this chapter identifies as having prior service in the military under subsection 1 , the hospital shall, at a minimum, provide the patient with the following information and document the provision of this information in the hospital's patient data management system: A. Contact information for the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services. The hospital shall inform the patient that the bureau may be able to assist the patient with accessing state and federal veterans benefits; and [PL 2021, c. 430, §1 (NEW).] B. A copy of a benefits and resource guide for veterans seeking emergency care made available on the publicly accessible website of the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services. [PL 2021, c. 430, §1 (NEW).] [PL 2021, c. 430, §1 (NEW).]
22 M.R.S. § 6113 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6113
22 §6113. Initiation of the program
Status: in_force

1. Administrative preparations. Effective March 16, 1973, the department may immediately commence administrative preparations for initiation of the program no later than July 1, 1973. [PL 1981, c. 703, Pt. A, §32 (RPR).]

2. As of July 1, 1973, all responsibilities and functions given to the Office of Resource Development, or to Services for Aging, by this Act shall be effectively held by those offices. To achieve this objective, it is the intent of Legislature that the department shall transfer position count to said offices from existing personal services count previously authorized. Personnel of said offices shall work in coordination and cooperation with other units of State Government. [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

3. [PL 1981, c. 703, Pt. A, §33 (RP).]
22 M.R.S. § 3174-EE — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-EE
22 §3174-EE. Mail order drugs (REALLOCATED FROM TITLE 22, SECTION 3174-AA)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-AA)

The department shall require MaineCare members to purchase maintenance drugs by mail order when substantial cost efficiencies can be obtained by doing so. Any savings measures implemented by the department in fiscal year 2003-04 that are of a temporary nature may remain in effect only until a permanent savings measure or measures are implemented. [RR 2003, c. 1, §19 (RAL).]
22 M.R.S. § 1233 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1233
22 §1233. Blood specimens accompanied by information blank; report
Status: in_force

Blood specimens sent to a laboratory in compliance with section 1231 shall be accompanied by an information blank which shall contain the initials of the person whose blood is submitted or a number or other suitable means of identification, and the word "Prenatal" to indicate the purpose of the examination.

If the person in question is found to be infected with syphilis, the physician in charge shall make a report to the Bureau of Health on a regular blank, supplied by the bureau for the reporting of venereal diseases, adding thereto the word "Prenatal" in addition to such other information as may be indicated on said blanks.

Such reports shall be kept in a special file at the bureau and shall not be considered a public record. Such reports may be produced in any court procedure where they may be material and relevant on an order of the justice presiding.
22 M.R.S. § 3769-A — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769-A
22 §3769-A. Rulemaking
Status: in_force

The department shall adopt rules to implement this chapter. Except as specifically provided, rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 530, Pt. A, §16 (NEW).]
22 M.R.S. § 1582 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1582
22 §1582. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1977, c. 696, §185 (NEW).]

1. Breathing apparatus. "Breathing apparatus" means any breathing device, either high or low pressure, which is used to sustain human life under adverse conditions. [PL 1977, c. 696, §185 (NEW).]

2. Department. "Department" means the Department of Health and Human Services. [PL 1977, c. 696, §185 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Suppliers of compressed air. "Suppliers of compressed air" means any organization, agency, individual, firm, partnership or corporation that provides compressed air to be used in self-contained breathing apparatus. [PL 1977, c. 696, §185 (NEW).]

4. Tester of compressed air. "Tester of compressed air" means any organization, agency, individual, firm, partnership or corporation that is recognized by the department as qualified to inspect and test suppliers of compressed air. [PL 1993, c. 314, §1 (NEW).]
22 M.R.S. § 8105 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8105
22 §8105. Transitional provision
Status: in_force

1. Rules. Any rule in effect immediately prior to the effective date of this section shall remain in effect until it is amended. [PL 1981, c. 260, §5 (NEW).]

2. Licenses. Any license in effect immediately prior to the effective date of this section shall remain in effect unless it is revoked, suspended or made conditional, or until it expires, or until a new license is issued. [PL 1981, c. 260, §5 (NEW).]
22 M.R.S. § 4057 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4057
22 §4057. Termination orders of other states
Status: in_force

If parental rights have been terminated by judicial order in another state, the order, unless against the public policy of this State, shall be accorded full faith and credit. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 1633 — ME Code / Title 22 / Subtitle 2 / Chapter 266 / Section 1633
22 §1633. Penalty
Status: in_force

A person who does not comply with this chapter within 30 days after receiving written notice that the person is in violation of its provisions commits a civil violation for which a fine of not more than $500 may be adjudged. Each day a violation continues is a separate violation. [RR 2021, c. 2, Pt. B, §100 (COR).]
22 M.R.S. § 1471-F — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-F
22 §1471-F. Critical areas
Status: in_force

No person shall apply pesticides to any area of the State which the board has determined to be a critical area, except to the extent such application is within the limits prescribed by the board in establishing the area. [PL 1975, c. 397, §2 (NEW).]
22 M.R.S. § 2383 — ME Code / Title 22 / Subtitle 2 / Chapter 558 / Section 2383
22 §2383. Possession
Status: in_force

1. Marijuana. [IB 2015, c. 5, §2 (RP).]

1-A. Cannabis possession by a person under 21 years of age. Except for possession of cannabis for medical use pursuant to chapter 558‑C, a person who is under 21 years of age may not possess cannabis. A person who is under 21 years of age who possesses a usable amount of cannabis commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of cannabis and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of cannabis, none of which may be suspended. For the purposes of this section, "cannabis" includes the leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether growing or not; but does not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin including hashish and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake or the sterilized seed of such plant that is incapable of germination. "Cannabis" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2021, c. 669, §2 (AMD).]

2. Butyl nitrite and isobutyl nitrite. A person who possesses a usable amount of butyl nitrite or isobutyl nitrite commits a civil violation for which a fine of not more than $200 may be adjudged. [PL 2003, c. 452, Pt. K, §18 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 4194 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4194
22 §4194. Penalty for illegal placement -- Article IV
Status: in_force

The sending, bringing or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subject to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit or other legal authorization held by the sending agency which empowers or allows it to place or care for children.
22-A M.R.S. § 208 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 208
22-A §208. Maintenance of state mental health institutes
Status: in_force

The commissioner shall maintain 2 state mental health institutes for the mentally ill, one at Bangor called the Dorothea Dix Psychiatric Center and the other at Augusta called the Riverview Psychiatric Center. [PL 2007, c. 539, Pt. N, §47 (NEW).]
22 M.R.S. § 4016 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4016
22 §4016. Confidentiality of employee records
Status: in_force

Notwithstanding Title 5, section 7070, subsection 2, paragraph E or any other provision of law, the confidentiality of employee records is abrogated in relation to required reporting, cooperating with the department or guardian ad litem in an investigation or other child protective activity or giving evidence in a child protective proceeding. [PL 2023, c. 405, Pt. A, §66 (AMD).]
22 M.R.S. § 1557 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1557
22 §1557. Jurisdiction; District Court
Status: in_force

1. Jurisdiction. The District Court, pursuant to the Maine Administrative Procedure Act, shall conduct hearings on all matters concerning violations by tobacco licensees of any state law related to tobacco sales. Notwithstanding Title 5, chapter 375, subchapter 6 , the District Court Judge has exclusive jurisdiction over all violations of this chapter by licensees and their agents or employees when a criminal penalty is not provided. [PL 2009, c. 199, §4 (AMD).]

2. Powers. The District Court may impose fines on licensees and their agents or employees and suspend or revoke licenses in accordance with this chapter. [PL 2009, c. 199, §4 (AMD).]

3. Injunction. If the person licensed to sell tobacco products has engaged in or is about to engage in any act or practice that violates this chapter, the District Court may grant a permanent or temporary injunction, restraining order or other order as appropriate. [PL 1995, c. 593, §6 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
22 M.R.S. § 4173 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4173
22 §4173. Contents of compacts
Status: in_force

1. Content. A compact entered into pursuant to the authority conferred by this chapter shall have the following content: A. A provision making it available for joinder by all states; [PL 1983, c. 721 (NEW).] B. A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal; [PL 1983, c. 721 (NEW).] C. A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode; [PL 1983, c. 721 (NEW).] D. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the State which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and [PL 1983, c. 721 (NEW).] E. Such other provisions as may be appropriate to implement the proper administration of the compact. [PL 1983, c. 721 (NEW).] [PL 1983, c. 721 (NEW).]
22 M.R.S. § 2943 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2943
22 §2943. Applicability
Status: in_force

This chapter applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1701 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1701
22 §1701. Program of health services
Status: in_force

The department, through its Bureau of Health, is authorized to administer a program to extend and improve its services for promoting the general public health.

The department is authorized to:

1. Apply for federal aid. Apply for federal aid under the Public Health Service Act (Public Law No. 410, 78th Congress Second Session as heretofore or hereafter amended);

2. Cooperate with Federal Government. Cooperate with the Federal Government through the United States Public Health Service in matters of mutual concern pertaining to general public health, including such methods of administration as are found to be necessary for the efficient operation of the plan for the aid; and [PL 1981, c. 470, Pt. A, §70 (AMD).]

3. Reports. Make such reports in such form and containing such information as the Surgeon General of the United States Public Health Service may require, and comply with such provisions as said Surgeon General may find necessary to assure the correctness and verification of such reports.

The Treasurer of State shall be the appropriate fiscal officer of the State to receive federal grants on account of general public health services as contemplated by Public Health Service Act, as heretofore or hereafter amended, and the State Controller shall authorize expenditures therefrom as approved by the department.
22 M.R.S. § 2944 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2944
22 §2944. Who may make anatomical gift before donor's death
Status: in_force

Subject to section 2948 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 2945 by: [PL 2007, c. 601, §2 (NEW).]

1. Donor. The donor, if the donor is at least 18 years of age or is under 18 years of age and is: A. An emancipated minor; or [PL 2007, c. 601, §2 (NEW).] B. Authorized under state law to apply for a driver's license because the donor is at least 16 years of age; [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Agent of donor. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; [PL 2007, c. 601, §2 (NEW).]

3. Parent of the donor. A parent of the donor, if the donor is under 18 years of age and not emancipated; or [PL 2007, c. 601, §2 (NEW).]

4. Guardian of donor. The donor's guardian. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 2518 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2518
22 §2518. Periodic review of noninspected licensed and registered establishments
Status: in_force

1. Review by inspector. The commissioner may require establishments that are required to be licensed under section 2514 or registered under section 2514‑A but are exempt from inspection under section 2512, subsection 2, paragraph K to be periodically reviewed by inspectors to ensure that the provisions of this chapter and the rules adopted under this chapter are satisfied and that the public health, safety and welfare are protected. The commissioner shall require establishments that are required to be licensed under section 2514 or registered under section 2514‑A but are exempt from inspection under section 2517‑C or 2517‑E to be reviewed annually by inspectors to ensure that the provisions of this chapter and the rules adopted under this chapter are satisfied and that the public health, safety and welfare are protected. [PL 2019, c. 73, §6 (AMD).]

2. Review of certain slaughter or preparation establishments. Inspection may not be provided under this chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock products or poultry products that are not intended for use as human food, but these products must, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified, as prescribed by rules of the commissioner, to deter their use for human food. These licensed or registered establishments are subject to periodic review. [PL 2015, c. 329, Pt. A, §11 (RPR).]

3. Subject to review. A periodic review under this section must include an examination of: A. The licensed or registered establishment's sanitation practices; [PL 2015, c. 329, Pt. A, §11 (RPR).] B. Sanitation in the areas where meat and poultry products are prepared, stored and displayed; [PL 2015, c. 329, Pt. A, §11 (RPR).] C. The adequacy of a refrigeration system used for meat food products and poultry products; [PL 2015, c. 329, Pt. A, §11 (RPR).] D. Labeling; and [PL 2015, c. 329, Pt. A, §11 (RPR).] E. Meat food products or poultry products for wholesomeness or adulteration. [PL 2015, c. 329, Pt. A, §11 (RPR).] In addition, the inspector conducting the periodic review may conduct any other examination necessary to ensure compliance with this chapter and the rules adopted pursuant to this chapter. [PL 2015, c. 329, Pt. A, §11 (RPR).]

4. Access. For purposes of a periodic review of a licensed or registered establishment, inspectors have access during normal business hours to every part of a licensed or registered establishment required to have inspection under this chapter, whether the licensed or registered establishment is operated or not. [PL 2015, c. 329, Pt. A, §11 (RPR).]
22 M.R.S. § 3174-U — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-U
22 §3174-U. Medicaid reimbursement for dental services
Status: in_force

The department shall conduct an annual review of the adequacy of reimbursement rates for dental services for dentists who provide care for a disproportionate number of patients whose care is reimbursed through the Medicaid program and the Children's Health Insurance Program established in section 3174‑T . By December 31, 1999, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the results of the study, including the costs in General Fund and other money. [PL 2023, c. 597, §12 (AMD).] Revisor's Note: §3174-U. Procedure for home health care changes (As enacted by PL 1999, c. 329, §1 is REALLOCATED TO TITLE 22, SECTION 3174-W)
22 M.R.S. § 6102 — ME Code / Title 22 / Subtitle 4 / Chapter 1501 / Section 6102
22 §6102. Objectives
Status: in_force

The objectives of this Act are: [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

1. To secure and maintain maximum independence and dignity in a family and home environment for people capable of self-care with the benefit of priority social services; [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

2. To remove individual and social barriers to personal and economic independence for citizens; and [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

3. To better utilize existing resources available at the national, state and local levels in order to improve the effectiveness of priority social services. [P&SL 1973, c. 38, Pt. B, §1 (NEW).]
22 M.R.S. § 1654 — ME Code / Title 22 / Subtitle 2 / Chapter 267 / Section 1654
22 §1654. Assistance
Status: in_force

The commissioner may request and must receive from any department, division, board, bureau, commission or agency of the State, or of any political subdivision thereof, such assistance and data as will enable the commissioner to properly carry out the commissioner's activities hereunder and effectuate the purposes set forth in this chapter. The commissioner may also enter into any contract for services that the commissioner considers necessary with a private agency or concern upon such terms and conditions as the commissioner considers appropriate. [RR 2021, c. 2, Pt. B, §101 (COR).]
22 M.R.S. § 4193 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4193
22 §4193. Conditions for placement -- Article III
Status: in_force

No sending agency shall send, bring or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring or place the child in the receiving state. The notice shall contain the name, date and place of birth of the child, the identity and address or addresses of the parents or legal guardian, the name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child and a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

Any public officer or agency in a receiving state which is in receipt of a notice pursuant to this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

The child shall not be sent, brought or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
22 M.R.S. § 2501 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2501
22 §2501. Exceptions
Status: in_force

Private homes are not deemed or considered lodging places and subject to a license when not more than 5 rooms are let; such private homes must post in a visible location in each rented room a card with the following statement in text that is easily readable in no less than 18-point boldface type of uniform font "This lodging place is not regulated by the State of Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention." The homes must provide guests upon check-in with a notice containing the same information. A license is not required from vacation rentals, dormitories of charitable, educational or philanthropic institutions or fraternity and sorority houses affiliated with educational institutions, or private homes used in emergencies for the accommodation of persons attending conventions, fairs or similar public gatherings, nor from temporary eating establishments and temporary lodging places for the same, nor from railroad dining or buffet cars, nor from construction camps, nor from boarding houses and camps conducted in connection with wood cutting and logging operations, nor from any boarding care facilities or children's homes that are licensed under section 7801 . [PL 2015, c. 494, Pt. D, §4 (AMD).]

Rooms and cottages are not deemed or considered lodging places and subject to a license where not more than 3 rooms and cottages are let. [PL 2011, c. 193, Pt. B, §10 (AMD).]

Stores or other establishments, where bottled soft drinks or ice cream is sold for consumption from the original containers only, and where no tables, chairs, glasses or other utensils are provided in connection with such sale, are not considered eating establishments. At such establishments, straws or spoons may be provided to aid in the consumption of such bottled soft drinks or ice cream, as long as they are supplied in original individual single service sterile packages. [PL 2011, c. 193, Pt. B, §10 (AMD).]

Nonprofit organizations including, but not limited to, 4-H Clubs, scouts and agricultural societies are exempt from department rules and regulations relating to dispensing foods and nonalcoholic beverages at not more than 24 public events or meals within one calendar year. [PL 2023, c. 7, §1 (AMD).]
22 M.R.S. § 7270 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7270
22 §7270. Oversight, enforcement and dispute resolution - Article 10
Status: in_force

1. Oversight. The following provisions govern the oversight of the compact. A. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under this compact have standing as statutory law but do not override the State's authority to govern prescription drugs or the State's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).] B. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission. [PL 2011, c. 217, §1 (NEW).] C. The interstate commission is entitled to receive all service of process in any proceeding under paragraph B and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission renders a judgment or order void as to the interstate commission, this compact or promulgated rules. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

2. Default, technical assistance, suspension and termination. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the bylaws or promulgated rules, the interstate commission shall provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default. The interstate commission shall provide remedial training and specific technical assistance regarding the default. A. If the defaulting state fails to cure the default, the defaulting state must be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact are terminated from the effective date of termination. A cure of the default does not relieve the defaulting state of obligations or liabilities incurred during the period of the default. [PL 2011, c. 217, §1 (NEW).] B. Suspension or termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the interstate commission to the governor of the defaulting state, the majority and minority leaders of the defaulting state's legislature and each of the member states. [PL 2011, c. 217, §1 (NEW).] C. A defaulting state that has been suspended or terminated is responsible for all dues, obligations and liabilities incurred through the effective date of suspension or termination, including obligations the performance of which extends beyond the effective date of suspension or termination. [PL 2011, c. 217, §1 (NEW).] D. The interstate commission may not bear costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state. [PL 2011, c. 217, §1 (NEW).] E. The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party must be awarded all costs of such litigation including reasonable attorney's fees. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

3. Dispute resolution. The following provisions govern dispute resolution. A. The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states. [PL 2011, c. 217, §1 (NEW).] B. The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

4. Enforcement. The following provisions govern enforcement of the compact. A. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. [PL 2011, c. 217, §1 (NEW).] B. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact and its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party must be awarded all costs of such litigation including reasonable attorney's fees. [PL 2011, c. 217, §1 (NEW).] C. The remedies in this subsection are not the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 760 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 760
22 §760. Radiation incident plan
Status: in_force

The Commissioner of Health and Human Services shall formulate and keep current a radiation incident plan for this State, in accordance with the duty assumed pursuant to Article III, subsection 1 of the compact. [PL 1967, c. 226 (NEW); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 2694 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2694
22 §2694. Rulemaking
Status: in_force

With the exception of rules designated in this subchapter as major substantive rules, rules adopted pursuant to this subchapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 786, Pt. A, §3 (NEW).]
22 M.R.S. § 9058-A — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9058-A
22 §9058-A. Grandfathered employees prior to biometric identifier reporting
Status: in_force

1. Background check. Beginning when biometric-based background check capability becomes available for a specified type of provider, a provider of that type employing direct access workers subject to this section shall use the Background Check Center to secure a background check and a background check report using biometric identifier data for each direct access worker. [PL 2025, c. 243, §22 (AMD).]

2. Gradual implementation of grandfathered employee background checks with biometric identifier data. The department shall adopt rules under section 9065 describing a staged and orderly process based on the type of provider and the number of direct access workers employed that employers must follow to implement the background checks using biometric identifier data for grandfathered employees consistent with this chapter. The department may grant an employer a deadline extension for good cause shown, which may not be unreasonably withheld. [PL 2023, c. 241, §78 (NEW).]

3. Background check deadline. A grandfathered employee may continue to work in direct access employment for up to 60 calendar days from the date the grandfathered employee's first biometric identifier background check is initiated in accordance with subsection 2 and if: A. The grandfathered employee signs a consent to release information and agrees in writing to submit to the background check process; [PL 2023, c. 241, §78 (NEW).] B. The grandfathered employee signs a statement declaring that a background check will not reveal any disqualifying offenses or that an offense that appears is inaccurate; [PL 2023, c. 241, §78 (NEW).] C. The employer verifies and documents that the grandfathered employee has submitted the biometric identifier data and mandatory identity verification and employment eligibility documents required by rules adopted in accordance with section 9065 ; [PL 2023, c. 241, §78 (NEW).] D. The employer initiates the background check by entering the individual into the Background Check Center database as a grandfathered employee; and [PL 2023, c. 241, §78 (NEW).] E. The grandfathered employee is not identified in the Background Check Center database as a disqualified person. [PL 2023, c. 241, §78 (NEW).] [PL 2023, c. 241, §78 (NEW).]

4. Disqualified grandfathered employee. A grandfathered employee who receives a disqualifying background check report is subject to the provisions of subsection 3 and must be able to correct disqualifying offense information that appears in the background check report through the inaccurate records corrections process within 60 calendar days after the disqualifying report is issued. The grandfathered employee is subject to direct personal supervision during the conditional employment period as described in rules adopted pursuant to this chapter until a final background check report indicates that no disqualifying offenses appear in the updated records. [PL 2023, c. 241, §78 (NEW).]

5. Termination; disqualified grandfathered employees. An employer shall terminate or remove from direct access employment any grandfathered employee who has not submitted the documents required in subsection 3 , who refused to submit a biometric identifier or otherwise participate in the background check or who fails to receive a final nondisqualifying background check report in accordance with subsection 4 . [PL 2023, c. 241, §78 (NEW).]
22 M.R.S. § 1700 — ME Code / Title 22 / Subtitle 2 / Chapter 275 / Section 1700
22 §1700. Asthma prevention and control program
Status: in_force

1. Program established. The Bureau of Health shall establish an asthma prevention and control program to provide leadership for and coordination of asthma prevention and intervention activities. The program may include, but is not limited to, the following: A. Monitoring of asthma prevalence at the state and community levels; [PL 2001, c. 555, §1 (NEW).] B. Education and training of health professionals on the current methods of diagnosing and treating asthma; [PL 2001, c. 555, §1 (NEW).] C. Patient and family education on how to manage the disease; [PL 2001, c. 555, §1 (NEW).] D. Dissemination of information on programs shown to reduce hospitalization, emergency room visits and absenteeism due to asthma; and [PL 2001, c. 555, §1 (NEW).] E. Consultation to and support of community-based asthma prevention and control programs. [PL 2001, c. 555, §1 (NEW).] [PL 2001, c. 555, §1 (NEW).]

2. Consultation. In implementing the program established in subsection 1 , the Bureau of Health shall consult with the Medicaid program administered by the department and the Department of Education. In addition, the bureau shall seek advice from other organizations and private entities concerned with the treatment and prevention of asthma. [PL 2001, c. 555, §1 (NEW).]

3. Funding. The Bureau of Health may accept federal funds and grants for implementing the program established in subsection 1 and may contract for work with outside vendors or individuals. [PL 2001, c. 555, §1 (NEW).]
22 M.R.S. § 1631 — ME Code / Title 22 / Subtitle 2 / Chapter 266 / Section 1631
22 §1631. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 436 (NEW).]

1. Fence. "Fence" means a good quality fence or wall not less than 4 feet in height above ground surface and of a character to exclude children. The fence shall be so constructed as not to have openings, holes or gaps larger than 4 square inches, except for fences constructed of vertical posts or louvers, in which case, the openings shall not be greater than 4 inches in width with no horizontal members between the top and bottom plates. Doors and gates are excluded from the minimum dimension requirements. [PL 1983, c. 436 (NEW).]

2. Swimming pool. "Swimming pool" means an outdoor artificial receptacle or other container, whether in or above the ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more. [PL 1987, c. 22 (AMD).]
22 M.R.S. § 662 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 662
22 §662. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 519, §1 (NEW).]

1. Facility. A "facility" means a production or utilization facility situated in this State that holds an operating permit or license issued by the United States Nuclear Regulatory Commission. It also means a power reactor licensee situated in the State, whether decommissioned or not, with a possession-only license issued by the United States Nuclear Regulatory Commission for special nuclear material, by-product material and source material. It also includes spent fuel or high-level waste storage facilities. [PL 1997, c. 686, §3 (AMD).]
22 M.R.S. § 2150-G — ME Code / Title 22 / Subtitle 2 / Chapter 423 / Section 2150-G
22 §2150-G. Epinephrine autoinjectors; emergency administration
Status: in_force

1. Prescribing to an authorized entity permitted. A health care practitioner may prescribe epinephrine autoinjectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine autoinjectors pursuant to a prescription issued in the name of an authorized entity. A prescription authorized pursuant to this section is valid for 2 years. [PL 2015, c. 231, §1 (NEW).]

2. Authorized entities permitted to maintain supply. An authorized entity may acquire and stock a supply of epinephrine autoinjectors pursuant to a prescription issued under subsection 1 . An epinephrine autoinjector must be stored in a location readily accessible in an emergency and in accordance with the instructions for use for the epinephrine autoinjector and any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who have completed the training required under subsection 4 to be responsible for the storage, maintenance, control and general oversight of epinephrine autoinjectors acquired by the authorized entity. [PL 2015, c. 231, §1 (NEW).]

3. Use of epinephrine autoinjectors. An employee or agent of an authorized entity who has completed the training required by subsection 4 may use epinephrine autoinjectors prescribed pursuant to subsection 1 to: A. Provide an epinephrine autoinjector to a person the employee or agent believes in good faith is experiencing anaphylaxis, or the parent, guardian or caregiver of such a person, for immediate administration, regardless of whether the person has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy; and [PL 2015, c. 231, §1 (NEW).] B. Administer an epinephrine autoinjector to a person the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the person has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy. [PL 2015, c. 231, §1 (NEW).] [PL 2015, c. 231, §1 (NEW).]

4. Training. An employee or agent of an authorized entity shall complete an anaphylaxis training program and shall complete additional training at least every 2 years thereafter. The training must be conducted by a nationally recognized organization experienced in training nonprofessionals in emergency health treatment or an entity or individual approved by the department. The department may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. Training may be conducted online or in person and, at a minimum, must cover: A. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; [PL 2015, c. 231, §1 (NEW).] B. Standards and procedures for the storage and administration of an epinephrine autoinjector; and [PL 2015, c. 231, §1 (NEW).] C. Emergency follow-up procedures. [PL 2015, c. 231, §1 (NEW).] The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the department, to each person who successfully completes the anaphylaxis training program. [PL 2015, c. 231, §1 (NEW).]

5. Immunity. The following entities are not liable for any injuries or related damages that result from any act or omission of the entity committed in good faith pursuant to this section unless it is established that the injuries or related damages were caused willfully, wantonly or recklessly or by gross negligence: A. A health care practitioner that prescribes epinephrine autoinjectors in accordance with subsection 1 ; [PL 2015, c. 231, §1 (NEW).] B. A pharmacist or health care practitioner that dispenses epinephrine autoinjectors in accordance with subsection 1 ; [PL 2015, c. 231, §1 (NEW).] C. An authorized entity that acquires and stocks epinephrine autoinjectors or designates employees or agents to be responsible for storage, maintenance, control and general oversight of epinephrine autoinjectors in accordance with subsection 2 ; [PL 2015, c. 231, §1 (NEW).] D. An employee or agent of an authorized entity who has completed the training required by subsection 4 who provides an epinephrine autoinjector to a person pursuant to subsection 3, paragraph A or who administers an epinephrine autoinjector to a person in accordance with subsection 3, paragraph B ; and [PL 2015, c. 231, §1 (NEW).] E. An individual or entity that conducts training in accordance with subsection 4 . [PL 2015, c. 231, §1 (NEW).] The administration of an epinephrine autoinjector in accordance with this section is not the practice of medicine or any other profession that otherwise requires licensure. This subsection does not eliminate, limit or reduce any other immunity or defense that may be available under the laws of this State, including that provided under Title 14, section 164 . An authorized entity located in this State is not liable for any injuries or related damages that result from the provision or administration of an epinephrine autoinjector outside of this State if the authorized entity would not have been liable for such injuries or related damages had the provision or administration occurred within this State. [PL 2015, c. 231, §1 (NEW).]
22 M.R.S. § 2430-C — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-C
22 §2430-C. Protections for authorized activity
Status: in_force

1. Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of cannabis authorized under this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

2. Legal protection for hospitals and long-term care facilities. The immunity provisions in this subsection apply to a hospital licensed under chapter 405 and an officer or director, employee or agent of the hospital and a long-term care facility and an officer or director, employee or agent of the long-term care facility. Any immunity provision in this chapter in conflict with this subsection does not apply to a hospital or long-term care facility. The legal protection for hospitals and long-term care facilities applies in accordance with the following. A. If the use of a form of harvested cannabis that is not smoked, including but not limited to edible cannabis products and tinctures and salves of cannabis, by an admitted patient who has been certified under section 2423‑B occurs in a hospital, that hospital is not subject to prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by an occupational or professional licensing board or entity, and may not be denied any license, registration, right or privilege solely because the admitted patient lawfully engages in conduct involving the medical use of cannabis authorized under this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] B. If the use of a form of harvested cannabis consistent with a long-term facility's policy by an admitted patient who has been certified under section 2423‑B occurs in the long-term care facility, that long-term care facility is not subject to prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by an occupational or professional licensing board or entity, and may not be denied any license, registration, right or privilege solely because the admitted patient lawfully engages in conduct involving the medical use of cannabis authorized under this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] C. An officer or director, employee or agent of a hospital or long-term care facility where the use of a form of harvested cannabis that is not smoked or vaporized, including but not limited to edible cannabis products and tinctures and salves of cannabis, by an admitted patient who has been certified under section 2423‑B occurs is not subject to arrest, prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by an occupational or professional licensing board or entity, and may not be denied any license, registration, right or privilege solely because the admitted patient lawfully engages in conduct involving the medical use of cannabis authorized under this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

3. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of cannabis on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of cannabis for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

4. Person may not be denied parental rights and responsibilities or contact with a minor child. A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19‑A, section 1653, subsection 3 . [PL 2017, c. 452, §24 (NEW).]

5. Receiving an anatomical gift. In reviewing a qualifying patient's suitability for receiving an anatomical gift, a transplant evaluator shall treat the qualifying patient's medical use of cannabis as the equivalent of the authorized use of any other medications used at the direction of a medical provider. A transplant evaluator may determine a qualifying patient to be unsuitable to receive an anatomical gift if the qualifying patient does not limit the qualifying patient's medical use of cannabis to the use of forms of harvested cannabis that are not smoked or vaporized, including but not limited to edible cannabis and tinctures and salves of cannabis. A transplant evaluator may require medical cannabis used by a qualifying patient to be tested for fungal contamination by a cannabis testing facility. For purposes of this subsection, "transplant evaluator" means a person responsible for determining another person's suitability for receiving an anatomical gift. For the purposes of this subsection, "anatomical gift" has the same meaning as in section 2942, subsection 2 . [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

6. Prohibition on seizure and retention. Except when necessary for an ongoing criminal investigation, a law enforcement officer may not seize cannabis that is in the possession of a qualifying patient, caregiver, cannabis testing facility, manufacturing facility or registered dispensary as authorized by this chapter. A law enforcement officer in possession of cannabis in violation of this subsection shall return the cannabis within 7 days after receiving a written request for return by the owner of the cannabis. Notwithstanding the provisions of Title 14, chapter 741 , if the law enforcement officer fails to return cannabis possessed in violation of this subsection within 7 days of receiving a written request for return of the cannabis under this subsection, the owner of the cannabis may file a claim in the District Court in the district where the owner lives or where the law enforcement officer is employed. [PL 2023, c. 365, §11 (AMD).]

6-A. Restrictions on law enforcement access. Notwithstanding any provision of law to the contrary, a law enforcement officer may not enter any location in which a qualifying patient, caregiver, registered dispensary, manufacturing facility or cannabis testing facility conducts activities authorized under this chapter or pursuant to a registry identification card or registration certificate issued under this chapter, except where: A. The patient, caregiver, dispensary, manufacturing facility or cannabis testing facility voluntarily allows the law enforcement officer to enter the location; [PL 2021, c. 662, §33 (NEW); PL 2021, c. 669, §5 (REV).] B. The law enforcement officer's entry is authorized pursuant to a warrant issued by a duly authorized justice, judge or justice of the peace; or [PL 2021, c. 662, §33 (NEW).] C. The law enforcement officer's entry is authorized in accordance with a recognized exception to the warrant requirement, including, but not limited to, exigent circumstances. [PL 2021, c. 662, §33 (NEW).] [PL 2021, c. 662, §33 (NEW); PL 2021, c. 669, §5 (REV).]

7. Requirements for protection. To receive protection under this section for conduct authorized under this chapter, a person must: A. If the person is a qualifying patient or visiting qualifying patient, present upon request of a law enforcement officer the patient's written certification; or [PL 2023, c. 365, §12 (AMD).] B. If the person is a caregiver, present upon request of a law enforcement officer the caregiver's registry identification card or registration certificate. [PL 2023, c. 365, §12 (AMD).] [PL 2023, c. 365, §12 (AMD).]

8. Evidence of lawful conduct. Possession of a registry identification card by a cardholder, the act of applying for a registry identification card, possession of a written certification issued under section 2423‑B or possession of a designation document executed under section 2423‑A, subsection 1, paragraph F‑1 is evidence of lawful conduct and may not be used to support the search of that person or that person's property. The possession of or application for a registry identification card or possession of a written certification does not prevent the issuance of a warrant if probable cause exists on other grounds. [PL 2023, c. 365, §13 (AMD).]

9. Immunity. The immunity provisions in this subsection apply to caregivers, cannabis testing facilities, manufacturing facilities and dispensaries and the officers or directors or assistants of caregivers, cannabis testing facilities, manufacturing facilities and dispensaries. A. A caregiver, cannabis testing facility, manufacturing facility or dispensary is not subject to prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by a business or an occupational or professional licensing board or entity, and may not be denied any right or privilege solely for acting in accordance with this section to assist with the medical use of cannabis in accordance with this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] B. An officer or director or assistant of a caregiver, cannabis testing facility, manufacturing facility or dispensary is not subject to arrest, prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by a business or an occupational or professional licensing board or entity, and may not be denied any right or privilege solely for working for or with a caregiver, cannabis testing facility, manufacturing facility or dispensary to provide cannabis plants and cannabis products to qualifying patients, caregivers, dispensaries, manufacturing facilities or cannabis testing facilities or to otherwise assist with the medical use of cannabis in accordance with this chapter. [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

10. Defense for possession of excess cannabis. Except as provided in section 2426, a qualifying patient may assert as a defense to any prosecution involving cannabis possession use of cannabis for a medical purpose and may present evidence in court that the patient's medical use or cultivation of an amount of cannabis exceeding the amount allowed under section 2423‑A was reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of treating or alleviating the patient's medical diagnosis or symptoms associated with the patient's medical diagnosis that, in a medical provider's professional opinion, may be alleviated by the therapeutic or palliative medical use of cannabis. [PL 2023, c. 365, §14 (NEW).]

11. Calculation of cannabis weight. The amount of cannabis possessed under this chapter must be calculated by the weight of dried harvested cannabis. A calculation of the weight of cannabis that is not dried must reduce the weight by at least 75% to account for moisture content. A calculation of the weight of cannabis in a cannabis product may not include ingredients in the product other than cannabis, except that the weight of cannabis concentrate must be included regardless of whether the cannabis concentrate is within a cannabis product or not within a cannabis product. [PL 2023, c. 365, §15 (NEW).]
22 M.R.S. § 5329 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5329
22 §5329. Rules
Status: in_force

The division shall adopt rules to carry out the requirements of this chapter. [PL 1995, c. 502, Pt. D, §14 (AMD).]
22 M.R.S. § 5327 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5327
22 §5327. Allocation of Community Services Block Grant funds
Status: in_force

1. Distribution of Community Services Block Grant funds. In accordance with Title 5, section 1670 , the division shall administer and distribute to community action agencies Community Services Block Grant funds received from the Federal Government. The division may expend up to but not more than 5% of the block grant per fiscal year to carry out its administrative functions under this chapter. [PL 1995, c. 502, Pt. D, §14 (AMD).]

2. Community action agencies; priority. Of the amount passed through to local agencies, community action agencies must receive first priority in the allocation of Community Services Block Grant funds. These funds must be distributed according to a formula determined annually as follows. A. Twenty percent of the amount passed through to local agencies must be divided equally among all designated agencies. [PL 1991, c. 780, Pt. DDD, §14 (NEW).] B. The balance of the funds must be distributed according to rules adopted by the division. [PL 1995, c. 502, Pt. D, §14 (AMD).] [PL 1995, c. 502, Pt. D, §14 (AMD).]

3. Block grant proposals. Proposals for Community Services Block Grant funds submitted to the Legislature by the division in accordance with Title 5, section 1670 must be developed and must: A. Include a description of current allocation of Community Services Block Grant funds and how the plan proposes to change that allocation; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] B. Retain the absolute minimum necessary for administrative costs; and [PL 1991, c. 780, Pt. DDD, §14 (NEW).] C. Provide for maximum flexibility within community action agencies for the use of Community Services Block Grant funds. [PL 1991, c. 780, Pt. DDD, §14 (NEW).] [PL 1995, c. 502, Pt. D, §14 (AMD).]
22 M.R.S. § 5406 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5406
22 §5406. User fees
Status: in_force

The commissioner shall charge a user fee to all carriers that offer qualified health plans in the marketplace. The user fee must be paid monthly by the carrier and deposited into the marketplace trust fund and may be used only for marketplace functions. The user fee must be applied at a rate that is a percentage of the total monthly premium charged by a carrier for each qualified health plan sold in the marketplace and may not exceed the total user fee rate charged by the Federal Government for use of the federally facilitated exchange during plan year 2020. The rate is 0.5% during any period that the State is using the federal platform as described in 45 Code of Federal Regulations, Section 155.200(f) and 3% during any period that the State is performing all the functions of a state-based marketplace as described in 45 Code of Federal Regulations, Section 155.200. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 1314-A — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1314-A
22 §1314-A. Goal
Status: in_force

The goal of the State in the area of lead poisoning is to eradicate childhood lead poisoning by the year 2030 through the elimination of potential sources of environmental lead. By January 1, 2025, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding progress made toward this goal. The report must include any recommendations the department may have to revise the goal, along with any necessary legislation. [PL 2019, c. 479, §1 (AMD).]
22 M.R.S. § 4263 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4263
22 §4263. Financing of the interstate commission - Article 13 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Expenses. The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2007, c. 255, §6 (NEW).]

2. Annual assessment. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved by its members each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the interstate commission, which shall adopt a rule binding upon all member states. [PL 2007, c. 255, §6 (NEW).]

3. Obligations. The interstate commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor may the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state. [PL 2007, c. 255, §6 (NEW).]

4. Accounts of receipts and disbursements. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the interstate commission. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 3174-S — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-S
22 §3174-S. Access to dental services for children under Medicaid (REALLOCATED FROM TITLE 22, SECTION 3174-R)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-R)

The department shall increase access to comprehensive dental care for children under the Medicaid program so that services are received on a timely basis in the regions of the State in which they live, in accordance with this section. [RR 1997, c. 2, §45 (RAL).]

1. Telephone referral service. By April 1, 1998, the department shall establish a toll-free telephone referral service to provide individuals with information on dental services and assistance in accessing dental services. The telephone service must provide persons calling about dental services with oral notice of the availability of assistance in arranging for appointments for dental screening and necessary corrective treatment, transportation to dental appointments and other services necessary to ensure access. [RR 1997, c. 2, §45 (RAL).]

2. Increasing providers. The department shall work with a statewide dental association and dentists in the State to increase the number of providers of dental care and the number participating in the Medicaid program. [RR 1997, c. 2, §45 (RAL).]

2-A. School-based preventive oral health services. By January 1, 2025, the department shall provide preventive oral health services through the Maine Center for Disease Control and Prevention in all schools in the State. [PL 2021, c. 635, Pt. AAA, §1 (NEW).]

3. Goal. It is the goal of the Legislature that children enrolled in the Medicaid program in all regions of the State receive at least one preventive dental visit annually. [PL 2021, c. 635, Pt. AAA, §2 (AMD).]

4. Annual report. By February 15, 1999 and annually thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters an annual report containing information related to the progress of the department in meeting the goal stated in subsection 3 and an action plan to increase access to dental care. The report must include an analysis of the progress being made in increasing access, the problems incurred within the prior year and corrective action to be taken. The action plan must consider the following strategies to increase access: nonprofit clinics; purchase of practice clinics; enhanced reimbursement for dentists serving a large number of children under the Medicaid program; and contracts with dental clinics and health centers to provide dental care. After February 15, 2023, the report must be submitted by December 31st annually and must also include the status of preventive oral health services provided in schools pursuant to subsection 2‑A and methods for maximizing Medicaid funding as permitted by federal law for oral health staff positions within the department and school-based preventive oral health services. [PL 2021, c. 635, Pt. AAA, §3 (AMD).]
22 M.R.S. § 2526 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2526
22 §2526. Forfeiture
Status: in_force

1. Transportation in intrastate commerce. Any livestock product or poultry product of any dead, dying, disabled or diseased livestock or poultry that is being transported in intrastate commerce, is otherwise subject to this chapter or is held for sale in this State after transportation, and that is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter or the rules adopted under this chapter; is adulterated or misbranded and is useable as human food; or in any other way is in violation of this chapter is liable to be proceeded against and seized and condemned, at any time, on a complaint in Superior Court as provided in section 2527 . If the product or animal is condemned it must, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees and storage and other proper expenses, must be paid into the State Treasury. The product or animal may not be sold contrary to the provisions of this chapter, the federal acts or the Federal Food, Drug, and Cosmetic Act. Upon the execution and delivery of a good and sufficient bond guaranteeing that the product or animal will not be sold or otherwise disposed of contrary to the provisions of this chapter or the laws of the United States, the court may direct that the product or animal be delivered to the owner, subject to supervision by authorized representatives of the commissioner to ensure compliance with the applicable laws. If a decree of condemnation is entered against the product or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses must be awarded against the person, if any, intervening as claimant of the product or animal. [PL 1999, c. 777, §1 (NEW).]

2. Unimpaired authority. This section does not impair the authority for condemnation or seizure conferred by other provisions of this chapter or other laws. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 5409 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5409
22 §5409. Records
Status: in_force

Except as provided in this section or by other provision of law, information obtained by the marketplace under this chapter is a public record within the meaning of Title 1, chapter 13, subchapter 1 . [PL 2019, c. 653, Pt. A, §1 (NEW).]

1. Financial information. Any personally identifiable financial information, supporting data or tax return of any person obtained by the marketplace under this chapter is confidential pursuant to 26 United States Code, Section 6103 and Title 36, section 191 . [PL 2023, c. 637, §5 (AMD).]

2. Health information. Health information obtained by the marketplace under this chapter that is covered by the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or information covered by section 1711‑C is confidential. [PL 2023, c. 637, §5 (AMD).]

3. Personally identifiable information. Personally identifiable information not otherwise described in subsection 1 or 2 that is obtained by the marketplace under this chapter is confidential. As used in this subsection, "personally identifiable information" means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. [PL 2023, c. 637, §5 (NEW).]
22 M.R.S. § 1607 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1607
22 §1607. Application
Status: in_force

This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4 , or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapters 11 and 18 . [PL 2015, c. 148, §4 (AMD).]
22 M.R.S. § 1320 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1320
22 §1320. Inspection of dwelling units and child-occupied facilities by department
Status: in_force

Any authorized representative of the department, upon presenting the appropriate credentials to the owner or occupant, or a representative of either, may inspect any dwelling unit or child-occupied facility at reasonable times for the purpose of ascertaining the presence of lead-based substances, and may remove samples or objects necessary for laboratory analysis. Inspections may be made only when there are reasonable grounds to suspect that there are lead-based substances in or upon the exposed surfaces of any dwelling unit or child-occupied facility, or upon the request of either the owner or the occupant with whom children reside, or when a case of lead poisoning has been reported. [PL 1999, c. 276, §11 (AMD).]
22 M.R.S. § 4071 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4071
22 §4071. Medical treatment order
Status: in_force

1. Petitioner. The department, a physician or a chief medical administrator of a hospital may petition for a medical treatment order. [PL 1979, c. 733, §18 (NEW).]

2. Contents of petition. A petition shall be sworn and shall include at least the following: A. Name, date of birth and municipal residence, if known, of the child; [PL 1979, c. 733, §18 (NEW).] B. The name and address of the petitioner and the petitioner's professional position; [RR 2021, c. 2, Pt. B, §193 (COR).] C. Name and municipal residence, if known, of each parent and custodian; [PL 1979, c. 733, §18 (NEW).] D. A summary of the medical diagnosis and treatment alternatives; [PL 1979, c. 733, §18 (NEW).] E. A request for the court to order specific treatment; and [PL 1979, c. 733, §18 (NEW).] F. A statement that attempts to notify and secure consent from the custodians have been unsuccessful, either because they cannot be located or they have refused consent. [PL 1979, c. 733, §18 (NEW).] [RR 2021, c. 2, Pt. B, §193 (COR).]

3. Notice to parents and custodians. The petitioner shall, by any reasonable means, attempt to notify the parents and custodians of the petitioner's intent to request the order and of the time and place the petitioner will make the request, unless the petitioner believes that the child would suffer increased serious injury during the time needed to notify them. [RR 2021, c. 2, Pt. B, §194 (COR).]

4. Order. On the basis of the petition or other evidence, the court may order medical treatment for the child if the custodians are unable or unwilling to consent to it, and the treatment is necessary to treat or prevent an immediate risk of serious injury. The order shall include a notice to the parents and custodians of their right to counsel, as required under section 4032, subsection 2, paragraph G , and notice of the date and time of the hearing. [PL 1979, c. 733, §18 (NEW).]

5. Service of order. If a hearing has not been held prior to issuing the order, a copy of the order and petition shall be served on the parents and custodians by: A. In-hand delivery by the judge or court clerk to any parent, custodian or their counsel who is present when the order is issued; [PL 1979, c. 733, §18 (NEW).] B. Service in accordance with the District Court Civil Rules. Notwithstanding the civil rules, service by publication of an order and petition shall be complete 5 days after a single publication; or [PL 1979, c. 733, §18 (NEW).] C. Another manner ordered by the court. [PL 1979, c. 733, §18 (NEW).] [PL 1979, c. 733, §18 (NEW).]

6. Hearing. If a hearing has not been held prior to issuing the order, then it shall be held within 10 days of its issuance, unless all parties agree to a later date. If, after the hearing, the court finds, by a preponderance of the evidence, that the medical treatment ordered is necessary to treat or prevent the immediate risk of serious injury to the child, then it may continue the order. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 2524-A — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2524-A
22 §2524-A. Action upon violation
Status: in_force

After discovery of a violation of this chapter or the rules adopted under this chapter, the commissioner may take any additional action against the registered, licensed or official establishment that the commissioner determines appropriate, including instituting a proceeding under section 2514, subsection 6 and causing a civil or criminal proceeding to be brought against the registered, licensed or official establishment. [PL 2021, c. 64, §29 (AMD).]