22 M.R.S. § 20-A — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 20-A
22 §20-A. Housing First Program
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Program established. The Housing First Program, referred to in this section as "the program," is established in the department to facilitate the delivery of support and stabilization services to residents of properties established or developed to provide permanent housing to address chronic homelessness in the State. Except as otherwise provided in this section, services facilitated under the program must be available on site, 24 hours per day and be designed to build independent living skills and connect individuals with community-based services. The department shall ensure that reimbursement under the MaineCare program is available to providers under the Housing First Program to the maximum extent possible. For the purposes of this section, "chronic homelessness" means a situation in which a person is living in a place not meant for human habitation, including emergency shelters, for at least 12 months and for whom homelessness is correlated with a condition that makes accessing services and maintaining housing a significant challenge such as substance use disorder or a behavioral health condition. "Chronic homelessness" includes a situation in which a person has been living intermittently in an institutional care facility, including but not limited to jail or a health treatment facility, but is otherwise living in a place not meant for human habitation. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]

2. Fund established. The Housing First Fund, referred to in this section as "the fund," is established as a separate and distinct fund for accounting and budgetary reporting purposes in order to support the program. Funds distributed in accordance with this section must be used to supplement, not supplant, existing or future federal funding designed to provide services associated with services provided by the program under subsections 1 and 5 , including but not limited to the MaineCare program and the housing outreach and member engagement provider program administered by the department. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]

3. Sources of fund. The Treasurer of State shall credit to the fund: A. (TEXT EFFECTIVE UNTIL 11/01/25) All money received by the State in accordance with Title 36, section 4641‑B, subsection 4‑B, paragraph E‑1 ; [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] A. (TEXT EFFECTIVE 11/01/25) All money received by the State in accordance with Title 36, section 4641‑B, subsection 4‑B, paragraph E‑1 and, beginning with fiscal year 2026-27, Title 36, section 4641‑B, subsection 4‑B, paragraph E‑2 ; [PL 2025, c. 388, Pt. V, §1 (AMD); PL 2025, c. 388, Pt. V, §10 (AFF).] B. Money from any other source, whether public or private, designated for deposit into or credited to the fund; and [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] C. Interest earned or other investment income on balances in the fund. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] [PL 2023, c. 412, Pt. AAAA, §1 (NEW); PL 2025, c. 388, Pt. V, §1 (AMD); PL 2025, c. 388, Pt. V, §10 (AFF).]

4. Distribution of funds. Beginning July 1, 2025, the department shall make distributions from the fund as described in this subsection. A. Annually, the department shall deposit $1,000,000 from the fund to an account established for the purpose of providing funding for housing stability services described in subsection 5 . [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] B. The department shall establish payment models as appropriate for the purpose of providing 24-hour, on-site supportive services to residents at Housing First Program properties established or developed to provide permanent housing to persons experiencing chronic homelessness. Supportive services must include coordination with a MaineCare provider. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] C. The department shall establish 2 permanent, full-time positions in the department to assist providers with providing 24-hour, on-site supportive services and navigating reimbursement under the MaineCare program for those services. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] D. The department shall annually determine the amount necessary to support the established payment models at each property for services provided under the program in the current fiscal year and the anticipated amount needed to pay for 24-hour, on-site services expected to be provided at each property in the next fiscal year. Funds in excess of those amounts must be transferred to the Maine State Housing Authority for the purposes of: (1) Providing technical assistance to housing developers to help with capital and planning issues associated with developing properties consistent with the housing model established by the program and as described in subsection 5 ; and (2) Developing affordable housing projects with a housing model established by the program and as described in subsection 5 . [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]

5. Housing stability services. The department shall establish a payment model to provide funds to pay for the costs of housing stability services provided to residents at properties under the program where supportive services are not necessarily provided on site or 24 hours per day. Services funded under this subsection must be available to residents no less than 20 hours per week and must adequately meet the needs of the residents to build independent living skills, to maintain housing and to access necessary community-based services. Housing stability services funded under this subsection may also include outreach to persons who are experiencing chronic homelessness for the purposes of establishing connections and providing support that may result in securing stable housing at a property under the program. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]

6. Rulemaking. The department and the Maine State Housing Authority shall jointly adopt rules to administer the program. The rules must specify which elements of the program are administered by the department, which elements are administered by the Maine State Housing Authority and which elements are administered jointly, if any. Rules adopted under this subsection are routine technical rules under Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]

7. Report. Beginning February 1, 2025, the department and the Maine State Housing Authority shall submit a report annually to the joint standing committee or joint select committee of the Legislature having jurisdiction over housing matters to provide the committee with necessary data and information to evaluate the effectiveness of the program. The initial report submitted to the committee must provide an assessment of the number of housing units and the scope of services needed to serve persons who are experiencing chronic homelessness to serve as a baseline against which the effectiveness of the program and other services will be measured. Subsequent reports must provide updates to that assessment in addition to the following: A. An accounting of the services facilitated using money from the fund at properties that provide 24-hour, on-site services and properties that provide housing stability services described under subsection 5 ; [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] B. An accounting of services provided at properties under the program funded under the housing outreach and member engagement provider program and services reimbursed under the MaineCare program; [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] C. The number of residents served by the program and the number of months residents avoided returning to homelessness or maintained stable housing; [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] D. The amount of money from the fund transferred to the Maine State Housing Authority pursuant to subsection 4, paragraph D that is used for the purposes described in subsection 4, paragraph D , subparagraphs (1) and (2); and [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] E. Information requested by the committee considered necessary to evaluate the effectiveness of the program. [PL 2023, c. 412, Pt. AAAA, §1 (NEW).] [PL 2023, c. 412, Pt. AAAA, §1 (NEW).]
22 M.R.S. § 9064 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9064
22 §9064. Appeal by employer
Status: in_force

The imposition of sanctions, other than licensing sanctions, pursuant to this chapter may be appealed by an employer pursuant to Title 5, chapter 375 . [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 4023 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4023
22 §4023. Short-term emergency services
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Agency" means a person with a contract or written agreement with the department to provide short-term emergency services. [PL 1979, c. 733, §18 (NEW).] B. "Short-term emergency services" means protective services, emergency shelter care, counseling, emergency medical treatment and other services that are essential to the care and protection of a child. These services may include emergency caretaker or homemaker services in the child's home or care outside the child's home when a parent or other responsible adult is not available and willing to care for the child in the child's home. [RR 2021, c. 2, Pt. B, §187 (COR).] [RR 2021, c. 2, Pt. B, §187 (COR).]

2. Authorization. The department may provide short-term emergency services, directly or through contracts or written agreements with agencies, to a child who has been or appears to be: A. Threatened with serious harm; [PL 1979, c. 733, §18 (NEW).] B. A runaway from the child's parents or custodian; [PL 1989, c. 270, §8 (AMD).] C. Without any person responsible for the child; [PL 2003, c. 626, §1 (AMD).] D. Taken into interim care under Title 15, section 3501 , by a law enforcement officer; or [PL 2003, c. 626, §2 (AMD).] E. In a situation in which the child has lost both parents as a result of a homicide or has lost one parent and the other parent has been arrested, detained or sentenced and committed to a state correctional facility, state mental health institute or county jail for an offense related to the homicide. [PL 2003, c. 626, §3 (NEW).] [PL 2003, c. 626, §§1-3 (AMD).]

3. Consent to treatment. The department may give consent for the child to receive necessary emergency medical treatment while receiving short-term emergency services. When the department has given its consent, a physician or health care provider shall be immune from civil liability for providing emergency medical treatment without the informed consent of the child or the child's parents or custodian. [PL 1979, c. 733, §18 (NEW).]

4. Contacting parents. The following procedures shall apply. A. Prior to or on initiating short-term emergency services, the department or agency shall take reasonable steps to notify a custodian that the child will receive or is receiving the services. Notwithstanding this subsection, shelters for homeless children, as defined in section 8101, subsection 4‑A , are governed by the parental notification requirements contained in the Department of Health and Human Services rules for the licensure of shelters for homeless children. [PL 1989, c. 270, §9 (AMD); PL 1989, c. 819, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] B. Short-term emergency services, except for medical treatment, shall not be provided to a child who expresses a clear desire not to receive them. [PL 1979, c. 733, §18 (NEW).] C. If a parent or custodian objects to medical treatment, it shall be discontinued within 6 hours of receiving the objection. [PL 1979, c. 733, §18 (NEW).] [PL 1989, c. 270, §9 (AMD); PL 1989, c. 819, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

5. Time limit. Short-term emergency services shall not exceed 72 hours from the time of the department's assumption of responsibility for the child. Notwithstanding this subsection, shelters for homeless children, as defined in section 8101, subsection 4‑A , are governed by the time-limit requirements contained in the Department of Health and Human Services rules for the licensure of shelters for homeless children. [PL 1989, c. 270, §10 (AMD); PL 1989, c. 819, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

6. Parent's obligations. Providing short-term emergency services to a child shall not affect a parent's obligation for the support of the child. [PL 1979, c. 733, §18 (NEW).]

7. Reimbursement. The department may, by agreement or court order, obtain reimbursement from a parent for the support of a child who receives short-term emergency services. An agency may also obtain reimbursement from a parent subject to its contract or written agreement with the department. [PL 1979, c. 733, §18 (NEW).]

8. Emergency assessment. In the event of a homicide as described in subsection 2, paragraph E , the department shall perform an emergency assessment for the purposes of temporary placement with a relative or other responsible person. The department shall provide a copy of the assessment performed under this subsection to the law enforcement personnel involved with the family of the child. [PL 2003, c. 626, §4 (NEW).]
22 M.R.S. § 3273 — ME Code / Title 22 / Subtitle 3 / Chapter 855-C / Section 3273
22 §3273. Types of benefits
Status: in_force

1. Combined benefits. The department shall take action, as necessary, to assure that, within the limits of available funds, a state supplemental income benefit, when combined with a federal supplemental security income benefit, shall consist of such amounts that the sum shall: A. Increase the minimum monthly federal payment standard, in addition to that established pursuant to federal law, by an amount of at least $8 per month for an individual and $12 per month for a couple; [PL 1973, c. 790, §3 (NEW).] B. For an individual who resides in an adult foster home or boarding home, having a contract with the department for the provision of services to eligible residents, or nursing home, as defined in section 1812‑A , in addition to the benefits provided herein under paragraphs A and C , provide sufficient income to allow the individual for personal needs an amount equal to at least $30 a month, plus an amount sufficient to meet the monthly per resident payment rate as established by the department of the adult foster home or boarding home in which the individual resides; and [PL 1985, c. 770, §3 (AMD).] C. For a beneficiary who resides in a living arrangement which meets a living arrangement classification established by the department, but who does not reside in an adult foster home or boarding home, in addition to the minimum federal payment level as adjusted pursuant to paragraph A , provide, based on such living arrangement classification, an amount not to exceed $42 per month for an individual and $63 per month for a couple. [PL 1973, c. 790, §3 (NEW).] [PL 1985, c. 770, §3 (AMD).]

2. Participation limited. A. The limitation on eligibility of certain individuals established in subsections (e)(i)(A) and (e)(i)(B) of section 1611 of Title XVI of the United States Social Security Act, as amended, shall apply to benefits provided pursuant to this section. [PL 1979, c. 563, §2 (AMD).] B. [P&SL 1975, c. 90, §S, §1 (RP).] [PL 1979, c. 563, §2 (AMD).]

3. Payments for boarding home care. A. If an agreement cannot include payment levels and variations thereof to provide the individual sufficient income to meet the monthly per resident payment rate for boarding home care, the department shall take any and all reasonable action necessary to the goal of achieving, within a reasonable time, a payment structure for each boarding home that will permit execution of an agreement with the secretary for administration of all state supplemental income benefits. [PL 1973, c. 790, §3 (NEW).] B. In the unfortunate and unlikely event that such an agreement cannot be effected to provide the individual sufficient income as specified in subsection 1, paragraph B , the department may provide a special grant whenever the benefit pursuant to subsection 1, paragraph B , is insufficient to meet the rate set for a boarding home. The department shall make such special grant preferably via a vendor payment system or via payment to a payee designated by the individual, or if necessary, via payment to the individual. Noting the intent of Title XVI of the United States Social Security Act, as amended, the administrative efficiencies, and the substantial cost savings to Maine taxpayers, it is the intent of the Legislature that the department shall take any and all reasonable action to obtain the approval of the secretary for a system of vendor payments for such special grants. [RR 1991, c. 1, §30 (COR).] [RR 1991, c. 1, §30 (COR).]

4. Appropriations available for benefits provided in subsection 1 shall be budgeted and authorized for expenditure by the department in a priority sequence. First, the available appropriation shall be budgeted and expended to increase the minimum monthly federal payment, as specified in subsection 1, paragraph A . Second, any balance of the appropriation remaining after such budgeting, shall be budgeted and expended to provide an individual sufficient income for personal needs, in accordance with subsection 1, paragraph B , and to meet the monthly per resident payment rate for adult foster and boarding home care as provided in subsection 1, paragraph B and subsection 3 . Finally, any balance of the appropriations remaining after such budgeting shall be budgeted and expended to provide benefits related to variations by living arrangements as provided in subsection 1, paragraph C . [PL 1979, c. 563, §3 (AMD).]

5. Retroactive payments relating to benefits provided in subsection 1, paragraph B , and subsection 3 shall not be made for any care provided prior to April 1, 1974. Retroactive payments relating to benefits provided in subsection 1, paragraphs A and C , shall not be provided for any period of time prior to July 1, 1974. [PL 1973, c. 790, §3 (NEW).]

6. Future changes in types of benefits. A. It is the declared intent of this Act that, if it is proposed that benefits provided pursuant to subsection 1 are to be increased on any future date, that such proposal shall recommend, and implementation of such increases shall provide, that the benefits pursuant to subsection 1, paragraph A , shall be increased, and the benefits pursuant to subsection 1, paragraph B , shall be increased, rather than increasing benefits pursuant to subsection 1, paragraph C . [PL 1973, c. 790, §3 (NEW).] B. [PL 1991, c. 528, Pt. E, §24 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §24 (AMD); MRSA T. 22 §3273, sub-§6, ¶ B (RP).] B-1. On July 1st of every year, the sum of the monthly amount of any state supplemental income benefit authorized by subsection 1, paragraphs A and C , plus the amount of the minimum monthly federal supplemental security income in effect at that time must be increased by a percentage amount equal to the percentage rise in the United States Consumer Price Index for April 1st of that year over the level of the Index for April 1st of the previous year plus any additional percentage amount as is recommended annually by the department. Such an increase may be made only insofar as appropriations are available. In determining the additional percentage amount, consideration must be given to the goal of reaching, within a reasonable time, a benefit level equal to or consistent with the current budget at the lower level of living for a retired couple established by the United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine. If, on April 1st of any year, the sum of the monthly amount of any state supplemental payment authorized by subsection 1, paragraphs A and C , plus the amount of the minimum monthly federal supplemental security income in effect at that time, is equal to or exceeds the amount resulting from 12 divided into the current annual budget at the lower level of living for a retired couple as most recently established by the United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine, or taking into account variances by marital status and living arrangements as established by the department, a budget that is not inconsistent with that annual budget divided by 12, the increase provided on July 1st next following is limited to the percentage rise in the Consumer Price Index. This paragraph takes effect July 1, 1993. [PL 1991, c. 528, Pt. E, §25 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §25 (NEW).] [PL 1991, c. 528, Pt. E, §§24, 25 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §§24, 25 (AMD).]

7. Balances of funds not to lapse. [PL 2009, c. 462, Pt. I, §1 (RP).]

7-A. Transfer of funds prohibited. Funds appropriated to support benefits authorized under sections 3271 and 3274 may not be transferred by financial order unless the funds are transferred to the Department of Health and Human Services, Departmentwide program. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations. [PL 2015, c. 267, Pt. XX, §1 (AMD).]

8. Rulemaking. In addition to any other rule-making authority granted under this chapter, the department may adopt emergency rules. The need to reduce benefits to eligible recipients and payments to boarding homes via vendor payments in accordance with the appropriations made available for this purpose is considered an emergency for the purpose of emergency rulemaking. [PL 1991, c. 622, Pt. M, §12 (NEW).]

9. Supplemental security income for legal immigrants. Supplemental security income for legal immigrants is governed by the following. A. The department shall provide assistance to all aliens lawfully residing in the United States who would be eligible for assistance under the federal supplemental security income program, 42 United States Code, Section 1381, et seq. except for the provisions of Sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. [PL 1997, c. 643, Pt. WW, §1 (NEW).] B. The total amount of monthly assistance provided under this section must equal the amount that the individual would be eligible to receive under the federal supplemental security income program, 42 United States Code, Section 1382, or its successor, if the individual were eligible for that program, and the state supplemental income payment provided to eligible individuals under section 3274 . [PL 1997, c. 643, Pt. WW, §1 (NEW).] [PL 1997, c. 643, Pt. WW, §1 (NEW).]

10. Balances of funds not to lapse. Any balances of funds appropriated for the program of state supplemental income benefits authorized under sections 3271 and 3274 may not lapse but must be carried forward from year to year to be expended for the same purpose. [PL 2011, c. 655, Pt. U, §1 (NEW).]
22 M.R.S. § 3174-M — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-M
22 §3174-M. Medicaid drug formulary
Status: in_force

1. Authority. The department has the authority to determine which prescription and over-the-counter drugs are subject to reimbursement and coverage under the Medicaid program. [PL 1993, c. 410, Pt. I, §10 (NEW).]

1-A. Formulary standards. Any formulary established by the department must: A. Conform to nationally accepted standards for a sound and adequate drug formulary system that promotes rational, clinically appropriate and safe access to medically necessary prescription drugs, ensures that members have timely and appropriate access to these drugs and does not discriminate based on disease or condition; [PL 2005, c. 386, Pt. X, §1 (NEW).] B. Be structured to maintain at least the same therapeutic categories and pharmacological classes of drugs provided on the MaineCare preferred drug list in effect on July 1, 2005; [PL 2021, c. 265, §1 (AMD); PL 2021, c. 265, §8 (AFF).] C. With respect to atypical antipsychotic drugs: (1) Ensure that atypical antipsychotic drugs remain available in the same manner as on July 1, 2005; (2) Adopt any clinical edits approved by the department's psychiatric work group; and (3) Conform to national standards for the prescribing of atypical antipsychotic drugs; and [PL 2021, c. 265, §2 (AMD); PL 2021, c. 265, §8 (AFF).] D. With respect to HIV prevention drugs as defined in Title 24‑A, section 4317‑D, subsection 1, paragraph B : (1) Ensure that preexposure prophylaxis drugs are available; and (2) Ensure that post-exposure prophylaxis drugs are available in accordance with national standards for the prescribing of post-exposure prophylaxis drugs. [PL 2021, c. 265, §3 (NEW); PL 2021, c. 265, §8 (AFF).] [PL 2021, c. 265, §§1-3 (AMD); PL 2021, c. 265, §8 (AFF).]

2. Drug formulary committee. [PL 2005, c. 386, Pt. X, §2 (RP).]

2-A. Drug formulary committee. As authorized by Section 1927 (d) (4) (A) of the federal Social Security Act, 42 United States Code, Section 1396r‑8, the department may develop a formulary using the department's MaineCare drug utilization review committee, except that the membership of the formulary committee must include pharmacists who are expert in pharmacotherapy for pediatric, geriatric and psychiatric populations. A. A vote of 2/3 of the members of the department's MaineCare drug utilization review committee present is required to add or delete a drug from the list of drugs that are subject to reimbursement and coverage under the MaineCare program. [PL 2005, c. 386, Pt. X, §3 (NEW).] B. A determination under rules adopted pursuant to subsection 3 that a drug or category of drug is not covered by the MaineCare program is a final agency action subject to review under the Maine Administrative Procedure Act. [PL 2005, c. 386, Pt. X, §3 (NEW).] [PL 2005, c. 519, Pt. DDDD, §1 (AMD); PL 2005, c. 519, Pt. DDDD, §3 (AFF).]

3. Emergency supply. The department shall adopt routine technical rules as necessary that provide for a pharmacy to dispense, in accordance with applicable licensing standards and professional judgment, a one-time supply for 10 days of the prescribed drug. The rules must allow the department to authorize refills of the drug on a case-by-case basis at the end of the 10-day period if the prescribing provider has not submitted the required information at that time or the department determines that an additional refill is necessary. The rules must provide that receipt of a 10-day supply under this subsection does not relieve the prescribing provider of the duty to submit all required information. The provision of the 10-day supply does not entitle the MaineCare member to receive benefits pending appeal in the event that a request for prior authorization is ultimately denied, except when the member was receiving the drug for which the 10-day supply was provided immediately prior to the provision of that supply. Any drug provided under this emergency procedure is considered a Medicaid-covered service pending departmental actions. [PL 2005, c. 386, Pt. X, §4 (RPR).]

4. Rulemaking. Rules adopted pursuant to section 3174‑J prior to its repeal are effective as of the effective date of this chapter without the taking of any action pursuant to the Maine Administrative Procedure Act. [PL 1993, c. 410, Pt. I, §10 (NEW).]

5. Expedited review process. The department shall provide an independent review process whenever a MaineCare member has written certification from the member's physician that: A. Delay in the provision of the requested drug may severely jeopardize the life or health of the MaineCare member or cause a severe functional decline in the member; or [PL 2005, c. 386, Pt. X, §5 (NEW).] B. A preferred drug, if provided, would impose a serious risk to the life or health of the MaineCare member. [PL 2005, c. 386, Pt. X, §5 (NEW).] The independent review process must ensure a decision within 72 hours of the time that the request is filed, unless the parties otherwise agree that the 72-hour period may be extended. The independent review process must ensure that coverage decisions based upon lack of medical necessity are conducted by a physician or pharmacist. The physician need not in all cases be of the same specialty or subspecialty as the prescribing physician. [PL 2005, c. 386, Pt. X, §5 (NEW).]
22 M.R.S. § 5116 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5116
22 §5116. State organization
Status: in_force

1. Organization. In order for an area of the State to be eligible to participate in the program of grants to area agencies from allotments under section 5115 : A. The State shall be divided into distinct coordinated community program areas, hereinafter in this chapter referred to as an area, after considering the geographical distribution of individuals aged 60 and older in the area, the incidence of the need for social services, including the number of older persons with low incomes residing in such areas, the distribution of resources available to provide such services and the location of units of general purpose county and municipal government within the State; and [PL 1973, c. 630, §1 (NEW).] B. The state agency must, in accordance with regulations of the commissioner, designate an area agency as the sole area agency to: (1) Develop the area plan to be submitted to the commissioner for approval under section 5118 ; (2) Administer the area plan within such area; (3) Be primarily responsible for the coordination of all area activities related to the purposes of this Act; and (4) Review and comment on, under its own initiative or at the request of any state or federal department or agency, any application from any agency or organization within such area to such state or federal department or agency for assistance related to meeting the needs of older persons; and (5) Develop and provide, or assure the provision of, coordinated community programs for the delivery of social services; and [PL 2015, c. 494, Pt. D, §7 (AMD).] C. The area agency designated pursuant to paragraph B shall: (1) Determine which portions of its area will be included in the area plan to be developed in accordance with section 5118 ; and (2) Provide assurances satisfactory to the commissioner that the area agency will take into account, in connection with matters of general policy arising in the development and administration of the area plan for any fiscal year, the recommendations of older people in need of or served by social services provided under such plan. [PL 2015, c. 494, Pt. D, §7 (AMD).] [PL 2015, c. 494, Pt. D, §7 (AMD).]
22 M.R.S. § 2619 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2619
22 §2619. Administrative remedy process
Status: in_force

1. Notice of noncompliance. Except as otherwise provided in this subchapter, the commissioner shall issue a notice of noncompliance to a public water system within 30 days after the commissioner has determined that the public water system has committed a violation. The notice of noncompliance must contain the following information: A. Identification of the violation; [PL 1993, c. 678, §4 (NEW).] B. A compliance deadline; and [PL 1993, c. 678, §4 (NEW).] C. The possible consequences of noncompliance if the requirements of the notice are not met by the specified date. [PL 1993, c. 678, §4 (NEW).] [PL 1993, c. 678, §4 (NEW).]

2. Administrative consent order. If the public water system has failed to correct the violation as specified in the notice of noncompliance by the date specified in the notice, the commissioner and the public water system shall make a good faith effort to agree upon a settlement and, if agreement is reached, the commissioner shall issue an administrative consent order. An administrative consent order may not be changed without written consent by all parties to the agreement. An administrative consent order must include, but is not limited to, compliance schedules and milestones. If the public water system and the commissioner fail to reach an agreement, the commissioner may issue an administrative compliance order under subsection 3 or may refer the case to the Attorney General for relief under section 2617 . [PL 1993, c. 678, §4 (NEW).]

3. Administrative compliance order. If the public water system and the commissioner fail to reach an agreement under subsection 2 , the commissioner may issue an administrative compliance order to the public water system to correct the violation in a manner and within a time frame that the commissioner determines appropriate. The administrative compliance order must contain a schedule that the public water system must follow to bring it into compliance. An administrative compliance order may include an administrative penalty that takes effect as early as the day that the parties ceased negotiating in good faith under subsection 2 . The administrative compliance order must specify an administrative penalty that takes effect if the public water system fails to comply with the administrative compliance order. [PL 1993, c. 678, §4 (NEW).]

4. Administrative penalty. If the public water system and the commissioner fail to reach an agreement under subsection 2 , the commissioner may impose an administrative penalty that takes effect as early as the day that the parties ceased negotiating in good faith under subsection 2 . If the public water system fails to comply with an administrative compliance order by the deadline in the compliance schedule, an administrative penalty may be assessed. A notice of penalty assessment may be issued in conjunction with or separate from an administrative compliance order, and must contain the following: A. Identification of the violation for which it is issued; [PL 1993, c. 678, §4 (NEW).] B. A citation of the law, rule or order being violated; [PL 1993, c. 678, §4 (NEW).] C. The amount of the penalty; [PL 1993, c. 678, §4 (NEW).] D. Notice of the right to an adjudicatory hearing pursuant to the Maine Administrative Procedure Act; and [PL 1993, c. 678, §4 (NEW).] E. The procedure for paying the penalty. [PL 1993, c. 678, §4 (NEW).] [PL 1993, c. 678, §4 (NEW).]
22 M.R.S. § 2383-B — ME Code / Title 22 / Subtitle 2 / Chapter 558 / Section 2383-B
22 §2383-B. Authorized possession by individuals
Status: in_force

1. Lawfully prescribed drugs. A person to whom or for whose use any scheduled drug, prescription drug or controlled substance has been prescribed, sold or dispensed for a legitimate medical purpose by a physician, dentist, podiatrist, pharmacist or other person acting in the usual course of professional practice and authorized by law or rule to do so and the owner or the person having the custody or control of any animal for which any scheduled drug, prescription drug or controlled substance has been prescribed, sold or dispensed for a legitimate veterinary medical purpose by a licensed veterinarian acting in the usual course of professional veterinary practice may lawfully possess the drug or substance, except when in use, only in the container in which it was delivered by the person selling or dispensing the drug or substance. For purposes of this subsection, "when in use" includes reasonable repackaging for more convenient legitimate medical use. [PL 2005, c. 252, §2 (AMD).]

2. Others lawfully in possession. Except as otherwise authorized or restricted, the following persons are authorized to possess, furnish and have control of scheduled or prescription drugs or controlled substances: A. Common carriers or warehouse operators while engaged in lawfully transporting or storing prescription drugs or any of their employees acting within the scope of their employment; [PL 2021, c. 434, §10 (AMD).] B. Employees or agents of persons lawfully entitled to possession who have temporary, incidental possession while acting within the scope of their employment or agency; [PL 1995, c. 499, §3 (AMD); PL 1995, c. 499, §5 (AFF).] C. Persons whose possession is for the purpose of aiding public officers in performing their official duties while acting within the scope of their employment or duties; [PL 1995, c. 499, §3 (AMD); PL 1995, c. 499, §5 (AFF).] D. Law enforcement officers while acting within the scope of their employment and official duties; [PL 1997, c. 340, §5 (AMD).] E. Physicians, dentists, podiatrists, pharmacists or other persons authorized by law or rule to administer, dispense, prescribe or sell scheduled or prescription drugs or controlled substances while acting within the course of their professional practice; [PL 2023, c. 303, §1 (AMD).] F. [PL 2021, c. 434, §10 (RP).] G. Persons conducting research at a school of pharmacology that is accredited or is a candidate for accreditation in good standing; and [PL 2023, c. 303, §2 (AMD).] H. Persons possessing, receiving, transporting or storing one or more drug samples contained in one or more sample collection instruments or drug paraphernalia for the purpose of drug checking. Possessing, receiving, transporting or storing one or more drug samples in accordance with this paragraph does not constitute a crime under Title 17‑A, sections 1103 , 1104 and 1106 . [PL 2023, c. 303, §3 (NEW).] [PL 2023, c. 303, §§1-3 (AMD).]

2-A. Others so authorized. [PL 2013, c. 194, §12 (RP).]

3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Controlled substances" has the same meaning as defined in 21 United States Code, Section 812 (1970) and 21 Code of Federal Regulations, Chapter II, Part 1308. [PL 1995, c. 499, §3 (NEW); PL 1995, c. 499, §5 (AFF).] A-1. [PL 2011, c. 420, Pt. A, §13 (RP).] A-2. [PL 2011, c. 420, Pt. A, §14 (RP).] A-3. "Controlled substance analog" means a substance that has a substantially similar chemical structure to that of a controlled substance. [PL 2023, c. 303, §4 (NEW).] A-4. "Drug checking" means the testing of a controlled substance, prescription drug or scheduled drug to determine its chemical composition or to assist in determining whether it contains contaminants, toxic substances or hazardous compounds. [PL 2023, c. 303, §5 (NEW).] A-5. "Drug paraphernalia" has the same meaning as in Title 17‑A, section 1111‑A, subsection 1 . [PL 2023, c. 303, §6 (NEW).] A-6. "Drug sample" means a substance containing one or more scheduled or prescription drugs or controlled substances or controlled substance analogs in an amount insufficient to result in a person possessing the substance to be in violation of Title 17‑A, section 1107‑A . [PL 2023, c. 303, §7 (NEW).] B. "Law enforcement officer" has the same meaning as defined in Title 17‑A, section 2, subsection 17 . [PL 1995, c. 499, §3 (NEW); PL 1995, c. 499, §5 (AFF).] B-1. "Physician" means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 . [IB 1999, c. 1, §8 (NEW).] B-2. "Person" means any individual, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision or any other legal, commercial or informal entity or group. [PL 2023, c. 303, §8 (NEW).] C. "Prescription drugs" has the same meaning as defined in Title 32, section 13702‑A, subsection 30 and includes so-called legend drugs. [PL 2007, c. 695, Pt. B, §4 (AMD).] C-1. "Sample collection instrument" means an instrument used to collect a drug sample for purposes of drug checking. [PL 2023, c. 303, §9 (NEW).] D. "Scheduled drug" has the same meaning as defined in Title 17‑A, chapter 45 . [PL 1995, c. 499, §3 (NEW); PL 1995, c. 499, §5 (AFF).] D-1. [PL 2013, c. 194, §13 (RP).] E. [PL 2011, c. 420, Pt. A, §15 (RP).] [PL 2023, c. 303, §§4-9 (AMD).]

4. Specially restricted drugs and substances. [PL 1995, c. 621, §3 (RP).]

5. Medical use of marijuana; exemptions. [IB 2009, c. 1, §4 (RP).]

6. Lawful possession of hypodermic apparatuses by livestock owners; sale to livestock owners. [PL 2021, c. 434, §11 (RP).]
22 M.R.S. § 2423-A — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2423-A
22 §2423-A. Authorized conduct for the medical use of cannabis
Status: in_force

1. Qualifying patient. Except as provided in section 2426 , a qualifying patient may: A. Possess up to 8 pounds of harvested cannabis; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] B. Cultivate, or designate a caregiver operating under subsection 3, paragraph C to cultivate under paragraph F‑1 , subparagraph (1), up to a total of 6 mature cannabis plants, 12 immature cannabis plants and unlimited seedlings for that qualifying patient. The total number of mature cannabis plants per qualifying patient, whether cultivated by the patient or by a caregiver operating under subsection 3, paragraph C , may not exceed 6. The total number of immature cannabis plants per qualifying patient, whether cultivated by the patient or by a caregiver operating under subsection 3, paragraph C , may not exceed 12. Two or more qualifying patients who are members of the same household and cultivating their own cannabis plants may share not more than 2 cultivation areas; [PL 2021, c. 662, §9 (AMD); PL 2021, c. 669, §5 (REV).] C. Possess cannabis paraphernalia; [PL 2009, c. 631, §21 (NEW); PL 2009, c. 631, §51 (AFF); PL 2021, c. 669, §5 (REV).] D. Furnish or offer to furnish to another qualifying patient for that patient's medical use of cannabis up to 2 1/2 ounces of harvested cannabis for no remuneration; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] E. [PL 2017, c. 452, §4 (RP).] F. [PL 2017, c. 452, §4 (RP).] F-1. Obtain or receive harvested cannabis for the patient's medical use without designating a caregiver or a dispensary, except that a qualifying patient or the parent, legal guardian or person having legal custody of a qualifying patient who has not attained 18 years of age or who is enrolled in a preschool or primary or secondary school must designate, as applicable: (1) A caregiver operating under subsection 3, paragraph C in order to have that caregiver cultivate cannabis plants for the patient; (2) A long-term care facility in order to have that facility assist with the qualifying patient's medical use of harvested cannabis. A long-term care facility that is designated by a patient may not be designated to cultivate cannabis plants for the patient; (3) A person in order to have that person obtain harvested cannabis on behalf of the qualifying patient or transport the harvested cannabis to the qualifying patient. The person must possess the person's government-issued photographic identification that contains the person's address, the qualifying patient's written certification and the qualifying patient's designation in order to engage in this conduct; and (4) A caregiver in order to have that caregiver possess and administer harvested cannabis for the patient's medical use pursuant to section 2426, subsection 1‑A if the patient is enrolled in a preschool or primary or secondary school. A designation pursuant to this paragraph must be in a standardized written document, developed by the department, that is signed and dated by the qualifying patient or the parent, legal guardian or person having legal custody of the qualifying patient and expires on a date not to exceed the expiration date of the qualifying patient's written certification. The document must include the signed acknowledgment of the person or facility that the person or facility may be contacted to confirm the designation of the person or facility to engage in the conduct authorized by the designation. The document must also include, if applicable, the total number of mature cannabis plants and immature cannabis plants the caregiver is cultivating for the patient; [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] F-2. Choose a caregiver based solely on the patient's preference, except that a parent, legal guardian or person having legal custody of a qualifying patient who has not attained 18 years of age must serve as one caregiver for the patient; [PL 2017, c. 452, §4 (NEW).] G. Be in the presence or vicinity of the medical use of cannabis and assist any qualifying patient with using or administering harvested cannabis; [PL 2019, c. 331, §5 (AMD); PL 2021, c. 669, §5 (REV).] H. Accept cannabis plants or harvested cannabis from a qualifying patient, caregiver or registered dispensary if no remuneration is provided to the patient, caregiver or dispensary; [PL 2019, c. 331, §6 (RPR); PL 2021, c. 669, §5 (REV).] I. Provide samples to a cannabis testing facility for testing and research purposes; [PL 2017, c. 447, §5 (AMD); PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] J. Manufacture cannabis products and cannabis concentrate for medical use, except that a qualifying patient may not manufacture food, as defined in section 2152, subsection 4 , unless the qualifying patient is licensed pursuant to section 2167 and except that a qualifying patient may not produce cannabis concentrate using inherently hazardous substances unless authorized pursuant to section 2423‑F, subsection 3 ; [PL 2019, c. 331, §7 (RPR); PL 2021, c. 669, §5 (REV).] K. Provide harvested cannabis to a manufacturing facility and obtain cannabis products and cannabis concentrate from the manufacturing facility that are produced from the harvested cannabis the qualifying patient provided to the manufacturing facility; [PL 2019, c. 331, §8 (RPR); PL 2021, c. 669, §5 (REV).] L. Transport cannabis plants or harvested cannabis for a qualifying patient's medical use of cannabis in accordance with this chapter; and [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] M. Use harvested cannabis in any form, except as provided in subsection 4‑A and except that qualifying patients who have not attained 18 years of age may not engage in smoking harvested cannabis. For the purposes of this paragraph, "smoking" has the same meaning as in section 1541, subsection 6 , except that "smoking" does not include the use of a nebulizer. [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2021, c. 662, §9 (AMD); PL 2021, c. 669, §5 (REV).]

2. Caregiver. Except as provided in section 2426 , a caregiver, for the purpose of assisting a qualifying patient with the patient's medical use of cannabis, may engage in the following authorized conduct if the caregiver is 21 years of age or older and has not been convicted of a disqualifying drug offense: A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis plants under paragraph B ; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] A-1. Transfer up to 2 1/2 ounces of harvested cannabis to a qualifying patient in one transaction, except that a caregiver may not dispense more than 2 1/2 ounces of harvested cannabis to a visiting qualifying patient during a 15-day period; [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to 1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may not cultivate immature plants by canopy if cultivating mature plants by plant count and may not cultivate immature plants by plant count if cultivating mature plants by canopy; [PL 2021, c. 662, §10 (AMD); PL 2021, c. 669, §5 (REV).] C. [PL 2017, c. 452, §4 (RP).] C-1. Assist a qualifying patient with the patient's medical use of cannabis; [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] D. [PL 2017, c. 452, §4 (RP).] E. Receive reasonable monetary compensation for costs associated with cultivating cannabis plants or assisting a qualifying patient with that patient's medical use of cannabis; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] F. Be in the presence or vicinity of the medical use of cannabis and assist any patient with the medical use, administration or preparation of cannabis; [PL 2011, c. 407, Pt. B, §16 (AMD); PL 2021, c. 669, §5 (REV).] G. Manufacture cannabis products and cannabis concentrate for medical use, except that a caregiver may not manufacture food, as defined in section 2152, subsection 4 , unless the caregiver is licensed pursuant to section 2167 and except that a caregiver may not produce cannabis concentrate using inherently hazardous substances unless authorized pursuant to section 2423‑F, subsection 3 ; [PL 2019, c. 331, §9 (RPR); PL 2021, c. 669, §5 (REV).] H. [PL 2017, c. 452, §4 (RP).] I. Hire any number of assistants who are 21 years of age or older to assist in performing the duties of the caregiver; [PL 2021, c. 367, §1 (AMD).] Revisor's Note: (Paragraph I as enacted by PL 2013, c. 371, §3 is REALLOCATED TO TITLE 22, SECTION 2423-A, SUBSECTION 2, PARAGRAPH J) Revisor's Note: (Paragraph I as enacted by PL 2013, c. 393, §3 is REALLOCATED TO TITLE 22, SECTION 2423-A, SUBSECTION 2, PARAGRAPH K) I-1. Hire any number of assistants who are 18 years of age or older and under 21 years of age if they are also a member of the family of the caregiver to assist in performing the duties of the caregiver; [PL 2021, c. 367, §2 (NEW).] J. (REALLOCATED FROM T. 22, §2423-A, sub-§2, ¶I) Use a pesticide in the cultivation of cannabis plants if the pesticide is used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered caregiver may not in the cultivation of cannabis plants use a pesticide unless the registered caregiver or the registered caregiver's assistant is certified in the application of the pesticide pursuant to section 1471‑D and any assistant who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Section 170.130. An assistant of the registered caregiver who is not certified pursuant to section 1471‑D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Section 170.230; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] K. (REALLOCATED FROM T. 22, §2423-A, sub-§2, ¶I) Transfer immature cannabis plants, seedlings, seeds and harvested cannabis to a qualifying patient, another caregiver or a registered dispensary for reasonable compensation or for no remuneration; [PL 2021, c. 662, §11 (AMD); PL 2021, c. 669, §5 (REV).] K-1. Transfer to and accept from another registered caregiver or a dispensary cannabis plants and harvested cannabis in a wholesale transaction in accordance with this paragraph. A registered caregiver may transfer in wholesale transactions for reasonable compensation or for no remuneration an unlimited amount of the mature cannabis plants grown by the caregiver over the course of a calendar year, including any cannabis products or cannabis concentrate manufactured from mature cannabis plants grown by the caregiver. A registered caregiver may transfer to or accept from other registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature cannabis plants and seedlings. A registered caregiver that acquires mature cannabis plants, cannabis products or cannabis concentrate in a wholesale transaction under this paragraph may not resell the mature cannabis plants, cannabis products or cannabis concentrate except to a qualifying patient or to another registered caregiver or dispensary to assist a qualifying patient; [PL 2021, c. 367, §3 (AMD); PL 2021, c. 669, §5 (REV).] L. Provide samples to a cannabis testing facility for testing and research purposes; [PL 2019, c. 331, §10 (RPR); PL 2021, c. 669, §5 (REV).] M. Conduct cannabis testing at the request of anyone authorized to possess cannabis under this chapter for research and development purposes only; [PL 2019, c. 331, §11 (RPR); PL 2021, c. 669, §5 (REV).] N. Provide harvested cannabis to a manufacturing facility and obtain cannabis products and cannabis concentrate from the manufacturing facility that are produced from the harvested cannabis the caregiver provided to the manufacturing facility; [PL 2019, c. 331, §12 (RPR); PL 2021, c. 669, §5 (REV).] O. Transport cannabis plants or harvested cannabis for authorized conduct in accordance with this chapter; [PL 2017, c. 452, §4 (NEW); PL 2021, c. 669, §5 (REV).] P. Operate one caregiver retail store to sell harvested cannabis to qualifying patients for the patients' medical use in accordance with this chapter; [PL 2023, c. 6, §2 (AMD).] Q. Be organized as any type of legal business entity recognized under the laws of the State, including, but not limited to, a limited liability company, partnership or limited liability partnership; and [PL 2023, c. 679, Pt. A, §5 (AMD).] R. [PL 2021, c. 662, §14 (RP).] S. Notwithstanding chapter 262‑A , sell, offer to sell or furnish cannabis paraphernalia to a qualifying patient, caregiver or registered dispensary for a qualifying patient's medical use of cannabis. [PL 2023, c. 6, §4 (NEW).] [PL 2023, c. 679, Pt. A, §5 (AMD).]

3. Cultivation of cannabis. The following provisions apply to the cultivation of cannabis plants by a qualifying patient under subsection 1 and a caregiver under subsection 2 . A. A patient who elects to cultivate cannabis plants must keep the plants in a cultivation area unless the plants are being transported pursuant to subsection 1, paragraph L . Access to a cultivation area is limited to the patient, except that emergency services personnel, an assistant of a cannabis testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access a cultivation area to provide those professional services while under the direct supervision of the patient. [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] B. A caregiver cultivating cannabis plants for a patient's medical use must keep all plants in a cultivation area unless the plants are being transported pursuant to subsection 2, paragraph O . The cultivation area must be enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. (1) The caregiver shall ensure that the mature cannabis plants, immature cannabis plants and seedlings cultivated by the caregiver are kept in separate cultivation areas. The cultivation area for mature cannabis plants and the cultivation area for immature cannabis plants and seedlings may be located on separate parcels or tracts of land, whether the parcels or tracts of land are contiguous or noncontiguous, as long as the caregiver discloses the locations of all cultivation areas to the department. The caregiver may not maintain more than 2 cultivation areas. The caregiver shall ensure that the cultivation area for mature cannabis plants and the cultivation area for immature cannabis plants comply with the plant count or plant canopy limitations of subsection 2, paragraph B . (2) Access to cultivation areas is limited to the caregiver, except that an elected official invited by the caregiver for the purpose of providing education to the elected official on cultivation by the caregiver, emergency services personnel, an assistant of a caregiver or a cannabis testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access a cultivation area to provide those professional services while under the direct supervision of the caregiver. [PL 2023, c. 679, Pt. A, §6 (AMD).] B-1. Except as provided in paragraph C , a caregiver is required to register with the department. [PL 2017, c. 452, §4 (NEW).] C. The following caregivers are not required to register with the department: (1) A caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that caregiver; (2) Two caregivers who are qualifying patients, if those caregivers are members of the same household and assist one another with cultivation; and (3) A caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that caregiver. [PL 2017, c. 452, §4 (AMD).] C-1. A caregiver operating under paragraph C may engage in the conduct authorized in subsection 2 , except that a caregiver operating under paragraph C may not: (1) Cultivate cannabis plants for more than 2 members of the family or members of the same household; (2) Cultivate more than 6 mature cannabis plants and 12 immature cannabis plants for each qualifying patient who has designated the caregiver to cultivate cannabis plants on the patient's behalf; (3) Possess more than 8 pounds of harvested cannabis; (4) Sell cannabis plants or harvested cannabis at wholesale under subsection 2, paragraph K‑1 ; (5) Use a pesticide under subsection 2, paragraph J ; (6) Operate a caregiver retail store under subsection 2, paragraph P ; or (7) Organize as a business entity under subsection 2, paragraph Q . [PL 2019, c. 217, §3 (AMD); PL 2021, c. 669, §5 (REV).] D. Two caregivers who are members of the same family or household may share not more than 2 cultivation areas. [PL 2021, c. 662, §16 (AMD).] E. A person who is authorized to cultivate cannabis plants under subsection 1 or 2 and who is an assistant of a caregiver pursuant to subsection 2, paragraph I may not cultivate that person's own cannabis plants in a cultivation area of the caregiver who employs that person. [PL 2021, c. 662, §17 (AMD); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 679, Pt. A, §6 (AMD).]

4. Long-term care facility. A qualifying patient may designate a long-term care facility to assist with the qualifying patient's medical use of cannabis if that use is consistent with the facility's policy and is pursuant to subsection 1, paragraph F‑1 , subparagraph (2). If a long-term care facility is designated, the facility shall complete the registration process with the department and obtain a registration certificate for the facility. For a long-term care facility to be issued a registration certificate, staff persons of the facility who will be assisting a qualifying patient with the patient's medical use of cannabis in accordance with this chapter must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. The long-term care facility and the staff of the facility may not cultivate cannabis plants for the patient. [PL 2019, c. 501, §12 (AMD); PL 2021, c. 669, §5 (REV).]

4-A. Use and storage in inpatient long-term care facility permitted. A qualifying patient who is a resident of a long-term care facility while in the facility may use forms of harvested cannabis consistent with the facility's policy. A qualifying patient who uses a form of harvested cannabis pursuant to this subsection may store the harvested cannabis in the qualifying patient's room and is not required to obtain a registry identification card or to designate the long-term care facility under subsection 1, paragraph F‑1 , subparagraph (2). A long-term care facility is not required to be designated by a qualifying patient who uses harvested cannabis pursuant to this subsection. This subsection does not limit the ability of a long-term care facility to prohibit or restrict the use or storage of harvested cannabis by a qualifying patient. [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).]

5. Incidental amount of marijuana. [PL 2017, c. 452, §4 (RP).]

6. Onsite assessments by the department. [PL 2011, c. 407, Pt. B, §16 (RP).]

7. Excess marijuana; forfeiture. [PL 2017, c. 452, §4 (RP).]

8. Repeat forfeiture. [PL 2017, c. 452, §4 (RP).]

9. (REALLOCATED FROM T. 22, §2423-A, sub-§7) Collectives prohibited. [PL 2017, c. 452, §4 (RP).]

10. Cannabis testing facility. The following provisions apply to a cannabis testing facility. A. A cannabis testing facility that meets the requirements of this subsection and any rules adopted under paragraph D may receive and possess samples from qualifying patients, caregivers, dispensaries and manufacturing facilities to provide testing for the cannabinoid profile and potency of the samples and for contaminants in the samples, including but not limited to mold, mildew, heavy metals, plant regulators and illegal pesticides. For the purposes of this paragraph, "plant regulator" has the same meaning as in Title 7, section 604, subsection 26 . [PL 2019, c. 331, §13 (RPR); PL 2021, c. 669, §5 (REV).] B. An assistant of a cannabis testing facility may have access to cultivation areas pursuant to subsection 3, paragraphs A and B and section 2428, subsection 6, paragraph I . An assistant of a cannabis testing facility must be 21 years of age or older. [PL 2021, c. 367, §7 (AMD); PL 2021, c. 669, §5 (REV).] C. A cannabis testing facility shall: (1) Dispose of samples in a manner that prevents diversion of samples to persons not authorized to possess the samples tested by the facility; (2) House and store samples in the facility's possession or control during the process of testing, transport or analysis in a manner to prevent diversion, theft or loss; (3) Label samples being transported to and from the facility with the following statement: "For Testing Purposes Only"; (4) Maintain testing results as part of the facility's business books and records; and (5) Operate in accordance with any rules adopted by the department. [PL 2019, c. 331, §13 (RPR); PL 2021, c. 669, §5 (REV).] D. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A , governing cannabis testing facilities, including but not limited to: (1) Cannabis testing facility officer or director qualification requirements; (2) Required security for cannabis testing facilities; and (3) Requirements for the registration, certification or other approval of cannabis testing facilities. The failure of the department to adopt rules under this paragraph does not prevent a cannabis testing facility from engaging in activities in compliance with this chapter. D-1. Upon the adoption of rules pursuant to paragraph D and this paragraph, a cannabis testing facility must be certified by the certification program established pursuant to section 569 as meeting all operational and technical requirements in accordance with rules adopted by the department after consultation with the Maine Center for Disease Control and Prevention. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . A cannabis testing facility operating in compliance with this chapter on the date of the adoption of rules pursuant to this paragraph and paragraph D may continue to operate pending completion of certification under this paragraph. The failure of the department to adopt rules under this paragraph does not prevent a cannabis testing facility from engaging in activities in compliance with this chapter. [PL 2021, c. 387, §3 (AMD); PL 2021, c. 669, §5 (REV).] E. A cannabis testing facility shall obtain and must be able to produce, upon demand of the office or a municipal code enforcement officer, documentation of the facility's accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body. [PL 2025, c. 390, Pt. A, §38 (RPR).] F. The department and the Maine Center for Disease Control and Prevention may inspect a cannabis testing facility during regular business hours and hours of apparent activity for compliance with this chapter. [PL 2019, c. 354, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2025, c. 390, Pt. A, §38 (AMD).]

11. Immunity. [PL 2019, c. 331, §14 (RP).]

12. Interest. A caregiver or an officer or director of a registered dispensary, registered caregiver or manufacturing facility may not have a financial or other interest in a cannabis testing facility providing services associated with product labeling for that dispensary, caregiver or manufacturing facility. [PL 2019, c. 331, §15 (RPR); PL 2021, c. 669, §5 (REV).]

13. Moratorium ordinance. [PL 2017, c. 447, §13 (RP); PL 2017, c. 452, §4 (RP); MRSA T. 22 §2423-A, sub-§13 (RP).]

14. Municipal regulation. [PL 2019, c. 331, §16 (RP).]
22 M.R.S. § 4306 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4306
22 §4306. Records; confidentiality of information
Status: in_force

The overseer shall keep complete and accurate records pertaining to general assistance, including the names of eligible persons assisted and the amounts paid for their assistance. Records, papers, files and communications relating to an applicant or recipient made or received by persons charged with responsibility of administering this chapter are confidential and no information relating to a person who is an applicant or recipient may be disclosed to the general public, unless expressly permitted by that person. [PL 1983, c. 577, §1 (NEW).]
22 M.R.S. § 254-C — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 254-C
22 §254-C. Prescription drug program for out-of-country prescription drugs
Status: in_force

The department shall establish a prescription drug program, when permitted by federal law or by the granting of a waiver by the United States Secretary of Health and Human Services, to provide access to prescription drugs from out of the country to residents of the State who are 62 years of age or older or have disabilities. The program must operate within the limits of federal law and regulation and state law and rule. [PL 2005, c. 165, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Member" means a person who meets the eligibility requirements of subsection 2 and who is enrolled in the program. [PL 2005, c. 165, §1 (NEW).] B. "Program" means the prescription drug program under this section. [PL 2005, c. 165, §1 (NEW).] [PL 2005, c. 165, §1 (NEW).]

2. Eligibility. Residents of the State are eligible for the program if they are 62 years of age or older or have disabilities. [PL 2005, c. 165, §1 (NEW).]

3. Access. Access to prescription drugs under the program is subject to the requirements of this subsection. A. The member must show evidence of use of a pharmacist licensed in the State to coordinate all prescriptions and prevent harmful drug interactions. [PL 2005, c. 165, §1 (NEW).] B. The program may provide access to prescription drugs that a member has taken according to prescription for at least 15 days. [PL 2005, c. 165, §1 (NEW).] C. The program may provide access to prescription drugs from pharmacies located outside the country, provided that the department has specifically approved the use of any pharmacies located outside the country. [PL 2005, c. 165, §1 (NEW).] D. The program may provide access to prescription drugs that are brand-name drugs in their original sealed packaging. [PL 2005, c. 165, §1 (NEW).] E. The program may not provide access to antibiotics for acute illnesses or prescription drugs for alleviation of pain that are habit-forming. [PL 2005, c. 165, §1 (NEW).] [PL 2005, c. 165, §1 (NEW).]

4. Testing. The program must include a procedure for random testing of drugs to ensure purity and safety for the member. [PL 2005, c. 165, §1 (NEW).]

5. 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 2005, c. 165, §1 (NEW).]
22 M.R.S. § 2511 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2511
22 §2511. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 777, §1 (NEW).]

1. Adulterated. "Adulterated" applied to a livestock or poultry product means that the livestock product or poultry product: A. Contains a poisonous or harmful substance that may render it injurious to health. The product is not considered adulterated under this definition if the quantity of the substance in or on the product does not ordinarily render it injurious to health; [PL 1999, c. 777, §1 (NEW).] B. Contains an added poisonous or harmful substance that may, in the judgment of the commissioner, make the product unfit for human food; [PL 1999, c. 777, §1 (NEW).] C. Is a raw agricultural commodity and the commodity contains a pesticide chemical that is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act, Section 408; [PL 1999, c. 777, §1 (NEW).] D. Contains a food additive that is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act, Section 409; [PL 1999, c. 777, §1 (NEW).] E. Contains a color additive that is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act, Section 706. A product that is not otherwise considered adulterated under paragraph C or D is considered adulterated if use of the pesticide chemical, food additive or color additive in or on the product is prohibited by rules of the commissioner in licensed establishments; [PL 1999, c. 777, §1 (NEW).] F. Consists of any filthy, putrid or decomposed substance or is unsound, unhealthful, unwholesome or otherwise unfit for human food; [PL 1999, c. 777, §1 (NEW).] G. Has been prepared, packed or held under unsanitary conditions where it may have become contaminated with filth or where it may have been rendered injurious to health; [PL 1999, c. 777, §1 (NEW).] H. Is the product of an animal, including poultry, that has died in a manner other than by slaughter; [PL 1999, c. 777, §1 (NEW).] I. Is in or has been in a container composed of a poisonous or harmful substance that may render the contents injurious to health; [PL 1999, c. 777, §1 (NEW).] J. Has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to the Federal Food, Drug, and Cosmetic Act, Section 409; [PL 1999, c. 777, §1 (NEW).] K. Has had a valuable constituent omitted or abstracted; has had a substance substituted, wholly or in part; has had damage or inferiority concealed in any manner; or has had a substance added, mixed or packed so as to increase its bulk or weight, reduce its quality or strength or make it appear better or of greater value than it is; or [PL 1999, c. 777, §1 (NEW).] L. Is margarine containing animal fat, and any of the raw material used consisted of a filthy, putrid or decomposed substance. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

1-A. Amenable species. "Amenable species" means a species of exotic animal, as defined by the federal acts, the anatomy and biology of which are substantially the same as an animal that is currently inspected. [PL 2021, c. 64, §3 (NEW).]

2. Animal food manufacturer. "Animal food manufacturer" means a person engaged in the business of preparing animal food, including poultry food, derived wholly or in part from livestock or poultry carcasses or parts or products of carcasses. [PL 1999, c. 777, §1 (NEW).]

3. Broker or meat and poultry products broker. "Broker" or "meat and poultry products broker" means a person engaged in the business of buying or selling livestock products or poultry products for other persons on commission or otherwise negotiating purchases or sales of these products other than for the broker's account or as an employee of another person. [PL 1999, c. 777, §1 (NEW).]

4. Color additive. "Color additive" has the same meaning as under the Federal Food, Drug, and Cosmetic Act. [PL 1999, c. 777, §1 (NEW).]

5. Commercial processor. "Commercial processor" means a person who maintains an official establishment under this chapter for the purpose of processing livestock, meat, meat food products, poultry or poultry products other than for the exclusive use in the household of the owner of the commodity by the owner and members of the owner's household and the owner's nonpaying guests and employees. [PL 1999, c. 777, §1 (NEW).]

6. Commercial slaughterhouse. "Commercial slaughterhouse" means a person engaged in the business of slaughtering livestock or poultry other than as a custom slaughterhouse. [PL 1999, c. 777, §1 (NEW).]

7. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee. [PL 1999, c. 777, §1 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

8. Consumer package. "Consumer package" means a container or package that contains a product in its final form for sale to the end-use consumer. [PL 1999, c. 777, §1 (NEW).]

9. Container or package. "Container" or "package" means a box, can, tin, cloth or plastic or other receptacle, wrapper or cover. [PL 1999, c. 777, §1 (NEW).]

10. Custom processor. "Custom processor" means a person who maintains a registered establishment under this chapter for the purpose of processing livestock, meat, meat food products, poultry or poultry products exclusively for use in the household of the owner of the commodity by the owner and members of the owner's household and the owner's nonpaying guests and employees. [PL 2021, c. 64, §4 (AMD).]

11. Custom slaughterhouse. "Custom slaughterhouse" means a person who maintains a registered establishment under this chapter for the purposes of slaughtering livestock or poultry for another person's exclusive use by that person and members of that person's household and that person's nonpaying guests and employees, and who is not engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products or any cattle, sheep, swine, goats, poultry or other designated animals useable as human food. [PL 2021, c. 64, §5 (AMD).]

12. Director. "Director" means the person designated by the commissioner to be in charge of the day-to-day operations of the state meat and poultry inspection and licensing program established by this chapter. [PL 1999, c. 777, §1 (NEW).]

13. Domesticated deer. "Domesticated deer" means fallow deer, family Cervidae, subfamily Cervinae, genus Dama; red deer, family Cervidae, subfamily Cervinae, genus Cervus, species Elaphus; and any other species specified under Title 7, section 1333, subsection 1 kept as domestic animals for breeding stock or for sale as food. [PL 2003, c. 386, §18 (AMD).]

14. Federal acts. "Federal acts" means the Federal Meat Inspection Act and the Poultry Products Inspection Act. [PL 2021, c. 64, §6 (AMD).]

15. Federal Food, Drug, and Cosmetic Act. "Federal Food, Drug, and Cosmetic Act" means the Act so entitled, approved June 25, 1938, 52 Stat. 1040, and amendatory or supplementary acts. It includes as part of its meaning the Maine Food Law, chapter 551, subchapter 1 , rules promulgated under that subchapter and amendatory or supplementary acts, when not inconsistent with the Federal Food, Drug, and Cosmetic Act. [PL 1999, c. 777, §1 (NEW).]

16. Federal Meat Inspection Act. "Federal Meat Inspection Act" means the Act so entitled, approved March 4, 1907, 34 Stat. 1260, as amended by the Wholesome Meat Act 81 Stat. 584. [PL 1999, c. 777, §1 (NEW).]

17. Poultry Products Inspection Act. "Poultry Products Inspection Act" means the federal Act so entitled, approved August 28, 1957, 71 Stat. 441, as amended by the federal Wholesome Poultry Products Act, 82 Stat. 791. [PL 2021, c. 64, §7 (AMD).]

18. Food additive. "Food additive" has the same meaning as under the Federal Food, Drug, and Cosmetic Act. [PL 1999, c. 777, §1 (NEW).]

19. Handler of dead, dying, disabled or diseased animals. "Handler of dead, dying, disabled or diseased animals" means a person who buys, sells, transports or otherwise handles animals that died other than by slaughter or animals that display the following symptoms: A. Central nervous system disorder; [PL 1999, c. 777, §1 (NEW).] B. Abnormal temperature, high or low; [PL 1999, c. 777, §1 (NEW).] C. Difficult breathing; [PL 1999, c. 777, §1 (NEW).] D. Abnormal swellings; [PL 1999, c. 777, §1 (NEW).] E. Lack of muscular coordination; [PL 1999, c. 777, §1 (NEW).] F. Inability to walk normally or stand; or [PL 1999, c. 777, §1 (NEW).] G. Any of the conditions for which livestock or poultry are required to be condemned on ante mortem inspection in accordance with the requirements of this chapter and the rules adopted pursuant to this chapter. [PL 2021, c. 64, §8 (AMD).] [PL 2021, c. 64, §8 (AMD).]

20. Immediate container. "Immediate container" means a consumer package or any other container in which livestock products or poultry products are packed. [PL 1999, c. 777, §1 (NEW).]

21. Inspector. "Inspector" means an employee or official of the State or an employee or official of the Federal Government or of any other governmental entity of this State, authorized by the commissioner to perform inspection functions under this chapter under an agreement between the commissioner and the governmental entity. [PL 1999, c. 777, §1 (NEW).]

22. Label. "Label" means a display of written, printed or graphic matter upon a product or the immediate container, not including package liners, of a product. [PL 1999, c. 777, §1 (NEW).]

23. Labeling. "Labeling" means all labels and other written, printed or graphic matter: A. On a product or its container or wrapper; or [PL 1999, c. 777, §1 (NEW).] B. Accompanying the product. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

24. Licensed establishment. "Licensed establishment" means a person required to hold a license under section 2514 . [PL 1999, c. 777, §1 (NEW).]

25. Livestock. "Livestock" means cattle, sheep, swine, goats or other designated animals, whether live or dead. [PL 2021, c. 64, §9 (AMD).]

26. Livestock product. "Livestock product" means a carcass or part of a carcass, meat or meat food product of any livestock. [PL 1999, c. 777, §1 (NEW).]

26-A. Locally owned grocery store. "Locally owned grocery store" means a grocery store at least 51% of which is owned by one or more residents of the State and that has a gross floor area of 25,000 square feet or less. [PL 2013, c. 304, §1 (NEW).]

26-B. Locally owned restaurant. "Locally owned restaurant" means an eating establishment at least 51% of which is owned by one or more residents of the State and that is not a chain restaurant pursuant to section 2491, subsection 2‑B . [PL 2013, c. 304, §1 (NEW).]

27. Meat. "Meat" means muscle of livestock, an amenable species or an exotic animal as defined by the federal acts that is skeletal or that is found in the tongue, diaphragm, heart or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels that normally accompany the muscle tissue but does not include the muscle found in the lips, snout or ears. [PL 2021, c. 64, §10 (AMD).]

28. Meat food product or meat product. "Meat food product" or "meat product" means a product useable as human food that is made wholly or in part from any meat or other portion of a carcass of livestock, an amenable species or an exotic animal as defined by the federal acts, excepting products that are exempted from definition as a meat food product by the commissioner under conditions that the commissioner may prescribe to ensure that the meat or other portions of carcass contained in products are unadulterated and that products are not represented as meat food products. [PL 2021, c. 64, §11 (AMD).]

29. Misbranded. "Misbranded" applies to any livestock product or poultry product under one or more of the following circumstances: A. Its labeling is false or misleading; [PL 1999, c. 777, §1 (NEW).] B. It is offered for sale under the name of another food; [PL 1999, c. 777, §1 (NEW).] C. It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately after the word "imitation," the name of the food imitated; [PL 1999, c. 777, §1 (NEW).] D. Its container is made, formed or filled so that it is misleading; [PL 1999, c. 777, §1 (NEW).] E. It does not bear a label showing the name and place of business of the manufacturer, packer or distributor and an accurate statement of the quantity of the product in terms of weight, measure or numerical count, except that the commissioner may establish by rule exemptions for livestock products not in containers and variations and exemptions as to small packages for livestock products or poultry products; [PL 1999, c. 777, §1 (NEW).] F. A word, statement or other information required by this chapter to appear on the label or labeling is not prominently and conspicuously placed as compared with other words, statements, designs or devices on the labeling and in terms likely to be read and understood by the ordinary individual under customary conditions of purchase and use; [PL 1999, c. 777, §1 (NEW).] G. It is represented as a food for which a definition and standard of identity or composition has been prescribed by the rules of the commissioner under section 2512 and: (1) It does not conform to the definition and standard; or (2) Its label does not bear the name of the food specified in the definition and standard and, as may be required by rules, the common names of optional ingredients other than spices, flavoring and coloring present in the food; [PL 1999, c. 777, §1 (NEW).] H. It is represented as a food for which a standard of fill of container has been prescribed by rules of the commissioner under section 2512 and it falls below the standard of fill of container, unless its label bears, in such manner and form as the rules specify, a statement that it falls below the standard; [PL 1999, c. 777, §1 (NEW).] I. It is not a food for which a definition and standard of identity or composition has been prescribed and the label does not bear: (1) The common or usual name of the food; and (2) If it is fabricated from 2 or more ingredients, the common name of each ingredient, except that spices, flavorings and colorings may be designated as spices, flavorings and colorings without naming each as provided in rule; [PL 1999, c. 777, §1 (NEW).] J. It is represented for special dietary uses and its label does not bear such information concerning its vitamin, mineral and other dietary properties as the commissioner determines to be and by rule prescribes as necessary in order to fully inform purchasers of its value for these uses; [PL 1999, c. 777, §1 (NEW).] K. It contains any artificial flavoring, artificial coloring or chemical preservative, does not have a label stating that fact and does not meet requirements for exemption from this paragraph as established in rule; or [PL 1999, c. 777, §1 (NEW).] L. It fails to have, directly on its containers, as the commissioner may by rules prescribe, the official inspection legend and establishment number of the official establishment where the product was prepared and any other information as the commissioner may require in rules to ensure that it does not have false or misleading labeling and that the public is informed of the manner of handling required to maintain the product in a wholesome condition. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

29-A. Mobile poultry processing unit. "Mobile poultry processing unit" means a poultry slaughterhouse that meets the structural, operational and licensing requirements of a mobile poultry processing unit under the federal acts and that is operated by a person licensed under section 2514 . [PL 2013, c. 304, §2 (NEW).]

30. Official certificate. "Official certificate" means a certificate established by rule of the commissioner for issuance by an inspector or other person performing official functions under this chapter. [PL 1999, c. 777, §1 (NEW).]

31. Official device. "Official device" means a device authorized by the commissioner for use in applying an official mark. [PL 1999, c. 777, §1 (NEW).]

32. Official establishment. "Official establishment" means an establishment as determined by the commissioner at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter. [PL 1999, c. 777, §1 (NEW).]

33. Official inspection legend. "Official inspection legend" means a symbol established by rule of the commissioner showing that a product was inspected and passed in accordance with this chapter. [PL 1999, c. 777, §1 (NEW).]

34. Official mark. "Official mark" means the official inspection legend or any other symbol established by rule of the commissioner to identify the status of any product of livestock or poultry under this chapter. [PL 1999, c. 777, §1 (NEW).]

35. Person. "Person" includes an individual, partnership, corporation, association or other business unit and an officer, agent or employee. [PL 1999, c. 777, §1 (NEW).]

36. Pesticide chemical. "Pesticide chemical" has the same meaning as under the Federal Food, Drug, and Cosmetic Act. [PL 1999, c. 777, §1 (NEW).]

37. Poultry. "Poultry" means a domesticated bird, whether live or dead. [PL 1999, c. 777, §1 (NEW).]

37-A. Poultry producer. "Poultry producer" means a person who raises poultry offered for sale. [PL 2009, c. 354, §1 (NEW).]

38. Poultry product. "Poultry product" means a poultry carcass or part of a carcass or a product that is made wholly or in part from a poultry carcass or part of a carcass, excepting products that are exempted by the commissioner from definition as a poultry product under conditions that the commissioner may prescribe to ensure that the poultry ingredients in products are not adulterated and that these products are not represented as poultry products. [PL 1999, c. 777, §1 (NEW).]

39. Prepared. "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed. [PL 1999, c. 777, §1 (NEW).]

40. Public warehouse operator. "Public warehouse operator" means a person who acts as a temporary custodian of meat, meat food products or poultry products stored in that person's warehouse for a fee. [PL 1999, c. 777, §1 (NEW).]

40-A. Rabbit producer. "Rabbit producer" means a person that raises rabbits offered for sale. [PL 2019, c. 73, §1 (NEW).]

41. Raw agricultural commodity. "Raw agricultural commodity" has the same meaning as under the Federal Food, Drug, and Cosmetic Act. [PL 1999, c. 777, §1 (NEW).]

41-A. Registered establishment. "Registered establishment" means a person registered under section 2514‑A . [PL 2015, c. 329, Pt. A, §6 (RPR).]

42. Reinspection. "Reinspection" includes inspection of the preparation of livestock products and poultry products, as well as reexamination of products previously inspected. [PL 1999, c. 777, §1 (NEW).]

43. Renderer. "Renderer" means a person engaged in the business of rendering livestock or poultry carcasses or parts of carcasses, except rendering conducted under inspection or exemption under this chapter. [PL 1999, c. 777, §1 (NEW).]

44. Retail vendor. "Retail vendor" means a person who sells, displays, advertises for sale, offers for sale or has available for sale meat, meat food products or poultry products for purchase by consumers. "Retail vendor" includes a person who operates a store or who sells or attempts to sell to consumers at their homes or otherwise sells, displays, advertises, offers or has available for sale meat food products or poultry products at retail for purchase by consumers. [PL 1999, c. 777, §1 (NEW).]

45. Shipping container. "Shipping container" means a container used or intended for use in packaging a livestock product or poultry product packed in an immediate container. [PL 1999, c. 777, §1 (NEW).]

45-A. Small enterprise. "Small enterprise" means a person licensed under section 2514 that processes 20,000 birds or fewer in a calendar year and that elects to operate under an exemption pursuant to section 2517‑C, subsection 1‑B . [PL 2013, c. 323, §2 (NEW).]

46. Useable as human food. "Useable as human food" refers to a livestock or poultry carcass or part or product of a livestock or poultry carcass, unless it is denatured or otherwise identified as required by rules prescribed by the commissioner to deter its use as human food or as naturally inedible by humans. [PL 1999, c. 777, §1 (NEW).]

47. Wholesale distributor. "Wholesale distributor" means a person who sells meat to retail vendors, other merchants or to industrial, institutional and commercial users mainly for resale or business use. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 334-A — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 334-A
22 §334-A. Nursing facility projects
Status: reserved

1. Projects that expand current bed capacity. [PL 2011, c. 424, Pt. B, §9 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).]

1-A. Projects that expand current bed capacity. Nursing facility projects that propose to add new nursing facility beds to the inventory of nursing facility beds within the State may be considered under either of the following 2 options: A. These projects may be grouped for competitive review purposes consistent with funds available from the nursing facility MaineCare funding pool and may be approved if sufficient funds are available from the nursing facility MaineCare funding pool or are added to the pool by an act of the Legislature, except that the department may approve, without available funds from the pool, projects to reopen beds previously reserved by a nursing facility through a voluntary reduction pursuant to section 333 if the annual total of reopened beds approved does not exceed 100; or [PL 2011, c. 424, Pt. B, §10 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] B. Petitioners proposing such projects may elect not to participate in a competitive review under paragraph A and the projects may be approved if: (1) The petitioner, or one or more nursing facilities or residential care facilities or combinations thereof under common ownership or control, has agreed to delicense a sufficient number of beds from the total number of currently licensed or reserved beds, or is otherwise reconfiguring the operations of such facilities, so that the MaineCare savings associated with such actions are sufficient to fully offset any incremental MaineCare costs that would otherwise arise from implementation of the certificate of need project and, as a result, there are no net incremental MaineCare costs arising from implementation of the certificate of need project; or (2) The petitioner, or one or more nursing facilities or residential care facilities or combinations thereof under common ownership or control, has acquired bed rights from another nursing facility or facilities or residential care facility or facilities or combinations thereof that agree to delicense beds or that are ceasing operations or otherwise reconfiguring their operations, and the MaineCare revenues associated with these acquired bed rights and related actions are sufficient to cover the additional requested MaineCare costs associated with the project. The divisions within the department that are responsible for licensing and MaineCare reimbursement for nursing facilities and residential care facilities shall work cooperatively to review and consider whether to approve such projects. With respect to the option described in this paragraph, when the average then current occupancy rate for existing nursing facility beds at facilities within 30 miles of the applicant facility exceeds 85%, the department in its review under section 335 shall evaluate the impact that the proposed additional nursing facility beds would have on those existing nursing facility beds and facilities and shall determine whether to approve the request based on current certificate of need criteria and methodology. Certificate of need projects described in this paragraph are not subject to or limited by the nursing facility MaineCare funding pool. [PL 2011, c. 648, §5 (AMD).] [PL 2011, c. 648, §5 (AMD).]

2. Projects to relocate beds. Nursing facility projects that do not add new nursing facility beds to the inventory of nursing facility beds within the State, but instead propose to relocate beds from one or more nursing facilities to one or more existing or new nursing facilities: A. May also propose renovation, replacement or other actions requiring certificate of need review; and [PL 2007, c. 440, §13 (NEW).] B. May be approved by the department upon a showing by the petitioner that the project fulfills all pertinent requirements and the review criteria set forth in section 335 . [PL 2011, c. 424, Pt. B, §11 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] Certificate of need projects described in this subsection are not subject to or limited by the nursing facility MaineCare funding pool. [PL 2011, c. 424, Pt. B, §11 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

2-A. Other types of certificate of need projects. Other types of nursing facility projects that do not add new nursing facility beds to the inventory of nursing facility beds within the State and do not propose to relocate beds from one facility to another existing or new facility and that propose any renovation, replacement, transfer of ownership or other actions requiring certificate of need review, such as capital expenditures for equipment and renovations that are above applicable thresholds, may be approved by the department upon a showing that the project fulfills all pertinent requirements and the review criteria set forth in section 335 . A. [PL 2011, c. 424, Pt. B, §12 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).] B. [PL 2011, c. 424, Pt. B, §12 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).] Certificate of need projects described in this subsection are not subject to or limited by the nursing facility MaineCare funding pool. [PL 2011, c. 424, Pt. B, §12 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

2-B. Emergencies and necessary nursing facility projects. If the department determines that an emergency exists, it may approve a necessary nursing facility certificate of need application on an expedited basis when the applicant proposes capital expenditures for renovations and improvements that are necessary: A. To achieve compliance with code and related regulatory requirements; [PL 2011, c. 424, Pt. B, §13 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] B. To comply with the federal Health Insurance Portability and Accountability Act of 1996 and related patient privacy standards; [PL 2011, c. 424, Pt. B, §13 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] C. To address other patient safety requirements and standards; or [PL 2011, c. 424, Pt. B, §13 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] D. To address other necessary and time-sensitive patient safety or compliance issues. [PL 2011, c. 424, Pt. B, §13 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] Certificate of need projects described in this subsection are not subject to or limited by the nursing facility MaineCare funding pool. [PL 2011, c. 424, Pt. B, §13 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).]

3. Evaluating costs. Beginning with all applications pending on February 15, 2012, in evaluating whether a project will increase MaineCare expenditures for a nursing facility for the purposes of this section, the department shall: A. Allow gross square footage per licensed bed of not less than 500 square feet unless the applicant specifies a smaller allowance for the project. [PL 2011, c. 424, Pt. B, §14 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] B. [PL 2011, c. 424, Pt. B, §14 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).] C. [PL 2011, c. 424, Pt. B, §14 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).] [PL 2011, c. 424, Pt. B, §14 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

4. Cost associated with energy-efficient improvements. The cost associated with energy-efficient improvements in nursing facilities, as set forth in rules governing special reimbursement provisions for energy-efficient improvements adopted by the department, must be excluded from the cost of a project in determining whether the project is subject to review. [PL 2009, c. 430, §5 (NEW).]
22 M.R.S. § 3781-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3781-A
22 §3781-A. Additional Support for People in Retraining and Employment-Temporary Assistance for Needy Families established
Status: in_force

1. ASPIRE-TANF program defined. "ASPIRE-TANF program" means the Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families program established pursuant to this chapter and the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. "TANF" means the program created in chapter 1053‑B . [PL 1997, c. 530, Pt. A, §18 (AMD).]

2. Administration. The ASPIRE-TANF program is established. The department shall administer the program. [PL 1997, c. 530, Pt. A, §18 (AMD).]

3. Purpose. The purpose of this program is to provide services and support to recipients of Temporary Assistance for Needy Families and to reduce dependence on public assistance to the extent that adequate funding is available for that purpose. The principal goal is to focus on helping people obtain and retain employment that sustains their families. [PL 1997, c. 530, Pt. A, §18 (AMD).]

4. Limitation or reduction of services when resources inadequate. The department shall adopt rules in accordance with the Maine Administrative Procedure Act that include methods for limiting or reducing services when adequate resources are not available. [PL 1993, c. 385, §16 (NEW).]
22 M.R.S. § 2015 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2015
22 §2015. License
Status: in_force

The department shall issue a medical laboratory license to any medical laboratory which has applied for said license on forms provided by the department and which is found to be in compliance with this Act. [PL 1993, c. 600, Pt. B, §6 (AMD).]

No medical laboratory licensed under this Act shall send specimens to any laboratory within the State unless such laboratory is in compliance with this Act. When the specimen has been referred for examination to an out-of-state laboratory, the report shall bear or be accompanied by a clear statement that such findings were obtained in such other laboratory, which shall be identified. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 19 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 19
22 §19. Prohibition against insurer discrimination
Status: in_force

Insurers may not consider the availability or eligibility for medical assistance under this Title pursuant to 42 United States Code, Chapter 7, Subchapter XIX when considering coverage eligibility or benefit calculations for insureds and covered family members or for individuals and their family members for whom application has been made for coverage. [PL 1997, c. 795, §5 (NEW).]
22 M.R.S. § 7922 — ME Code / Title 22 / Subtitle 6 / Chapter 1666 / Section 7922
22 §7922. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 445 (NEW).]

1. Long-term care facility. "Long-term care facility" means any facility program of assisted living licensed pursuant to chapters 1663 and 1664 , and any nursing facility or unit licensed pursuant to chapter 405 . [PL 2001, c. 596, Pt. B, §13 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Resident. "Resident" means any person who lives in and receives services or care in a long-term care facility. [PL 1981, c. 445 (NEW).]
22 M.R.S. § 8301-A — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8301-A
22 §8301-A. Licensure of child care facilities and family child care providers
Status: in_force

1. Definitions. [PL 2001, c. 645, §6 (RP).]

1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Child care center" means: (1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more children under 13 years of age; or (2) Any location or locations operated as a single child care program or by a person or persons when there are more than 12 children being cared for. [PL 2001, c. 645, §6 (NEW).] B. "Child care facility" means a child care center, small child care facility or nursery school. "Child care facility" does not include a facility operated by a family child care provider, a youth camp licensed under section 2495 , programs offering instruction to children for the purpose of teaching a skill such as karate, dance or basketball, a formal public or private school in the nature of a kindergarten or elementary or secondary school approved by the Commissioner of Education in accordance with Title 20‑A or a private school recognized by the Department of Education as a provider of equivalent instruction for the purpose of compulsory school attendance. Any program for children under 5 years of age that is located in a private school and programs that contract with one or more Child Development Services System sites are required to be licensed as a child care facility. [PL 2009, c. 211, Pt. B, §20 (AMD).] B-1. "Emergency circumstances" means a situation in which the department determines there are extenuating and urgent circumstances that necessitate a family child care provider's or child care facility's having to relocate or the establishment of a new family child care provider or child care facility. "Emergency circumstances" includes, but is not limited to, a situation affecting the home or child care facility such as a natural disaster, contamination, fire, water damage, unsafe environmental conditions, a pandemic or the unplanned closure of another family child care provider or child care facility. [PL 2023, c. 567, §3 (NEW).] C. "Family child care provider" means a person who provides day care in that person's home on a regular basis, for consideration, for 4 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. If a provider is caring for children living in that provider's home and is caring for no more than 3 other children, or 4 other children if at least 2 of the children are siblings, and no more than 3 of the total number of children in the provider's care are under 2 years of age, the provider is not required to be licensed as a family child care provider. [PL 2025, c. 135, §1 (AMD).] D. "Nursery school" means a house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program that provides care for 3 or more children 33 months of age or older and under 8 years of age, provided that: (1) No session conducted for the children is longer than 3 1/2 hours in length; (2) No more than 2 sessions are conducted per day; (3) Each child in attendance at the nursery school attends only one session per day; and (4) No hot meal is served to the children. "Nursery school" does not include any facility operated as a child care center or small child care facility licensed under subsection 2 , a youth camp licensed under section 2495 or a public or private school in the nature of a kindergarten approved by the Commissioner of Education, in accordance with Title 20‑A . [PL 2009, c. 211, Pt. B, §21 (AMD).] E. "Small child care facility" means a house or other place, not the residence of the operator, in which a person or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 3 to 12 children under 13 years of age. [PL 2001, c. 645, §6 (NEW).] [PL 2025, c. 135, §1 (AMD).]

2. Child care facility licensure. The owner or operator of a child care facility shall pay the licensing fee required under section 8303‑A . A child care facility must be licensed under this chapter and must comply with the rules adopted by the commissioner under section 8302‑A and the fire safety requirements of section 8304‑A . The department shall make at least one unannounced inspection of a child care facility licensed under this chapter during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license. Except as otherwise provided, a nursery school must meet the requirements of this chapter and chapter 1675 . [PL 2005, c. 640, §2 (AMD).]

3. Family child care provider licensure. A family child care provider shall pay the licensing fee required under section 8303‑A . A family child care provider must be licensed under this chapter and shall comply with the rules adopted by the commissioner under section 8302‑A and the fire safety requirements of section 8304‑A . The department shall make at least one unannounced inspection of a family child care provider licensed under this chapter during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license. [PL 2021, c. 35, §18 (AMD).]

4. Complaints. Upon receipt of a complaint about a licensed child care facility or family child care provider and if the department has reasonable cause to suspect that a violation of the licensure requirements has occurred, the department may investigate the complaint and enter the premises at any reasonable time for the purposes of the investigation. [PL 2021, c. 35, §19 (AMD).]

5. Administrative suspension. Whenever conditions exist that immediately jeopardize the health and safety of children, the commissioner may issue an order of closure, which suspends the license of the family child care provider or child care facility for up to 10 days, pending further investigation or prior to obtaining an order of emergency suspension from the court. The department shall require that an order of closure be posted at the facility and made public as it determines to be most appropriate for parents and other potential customers. [PL 2021, c. 35, §20 (AMD).]

6. Temporary license. [PL 2023, c. 567, §4 (RP).]

6-A. Temporary license. The department may issue a temporary license to a licensed child care facility or family child care provider in a new location or to a new child care facility or family child care provider. The department may issue a temporary license, which is valid pending final action on the application by the department, only under the following conditions: A. The licensed child care facility or family child care provider moves to a new location and: (1) All applicable standards have been met except a requirement that is dependent on the action of an agency of State Government or a contractor of that agency; and (2) Through no action by the child care facility or family child care provider that causes a significant delay, timely issuance of a provisional or full license has been delayed by the agency or contractor under subparagraph (1); or [PL 2023, c. 567, §5 (NEW).] B. Due to emergency circumstances, the licensed child care facility or family child care provider moves to a new location or a new child care facility or family child care provider is established and the department determines that: (1) The child care facility or family child care provider has completed a criminal background check as required by rules adopted pursuant to section 8302‑A, subsection 1, paragraph J and section 8302‑A, subsection 2, paragraph K ; (2) The child care facility or family child care provider is eligible to provide child care; and (3) A preliminary evaluation of the facility or home finds that all applicable laws and rules relating to minimum standards of health and safety have been met. [PL 2023, c. 567, §5 (NEW).] [PL 2023, c. 567, §5 (NEW).]

7. Injunctive relief. The department may seek an injunction to require compliance with the provisions of this section or rules adopted pursuant to this section. [PL 1999, c. 363, §5 (NEW).]

8. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 530, §7 (AMD).]

9. Exemption from certain requirements for accredited Montessori schools. Notwithstanding any provision of this chapter or rules adopted pursuant to this chapter, a child care facility that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemption from those requirements of this chapter or rules adopted pursuant to this chapter that conflict with the recognized tenets of the Montessori philosophy. The commissioner shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 224, §1 (NEW).]

10. Exemption from duplicative licensure. Notwithstanding any provision of this chapter to the contrary, a child care facility or family child care provider on a military installation or a facility licensed or certified as a family child care provider by the United States Department of Defense or by the United States Coast Guard that provides care only for children of parents or guardians who are active duty military members is exempt from the requirements of this chapter. [PL 2025, c. 101, §1 (NEW).]
22 M.R.S. § 4305 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4305
22 §4305. Municipal ordinance required
Status: in_force

1. Program required; ordinance. A general assistance program shall be operated by each municipality and shall be administered in accordance with an ordinance enacted, after notice and hearing, by the municipal officers of each municipality. [PL 1983, c. 577, §1 (NEW).]

2. Availability of ordinance. The ordinance and a copy of this chapter must be available in the town office and be easily accessible to any member of the public. Notice to that effect must be posted. A copy of this chapter must be distributed by the department to each municipality. [PL 1991, c. 209, §2 (AMD).]

3. Standards of eligibility. Municipalities may establish standards of eligibility, in addition to need, as provided in this chapter. Each ordinance shall establish standards which shall: A. Govern the determination of eligibility of persons applying for relief and the amount of assistance to be provided to eligible persons; [PL 1983, c. 577, §1 (NEW).] B. Provide that all individuals wishing to make application for relief shall have the opportunity to do so; and [PL 1983, c. 577, §1 (NEW).] C. Provide that relief shall be furnished or denied to all eligible applicants within 24 hours of the date of submission of an application. [PL 1983, c. 577, §1 (NEW).] [PL 1983, c. 577, §1 (NEW).]

3-A. Maximum levels of assistance. Municipalities may establish maximum levels of assistance by ordinance. The maximum levels of assistance must set reasonable and adequate standards sufficient to maintain health and decency. A maximum level of assistance established by municipal ordinance is subject to a review by the department, upon complaint, to ensure compliance with this chapter. [PL 1993, c. 410, Pt. AAA, §2 (AMD).]

3-B. Temporary maximum levels. Notwithstanding subsection 3‑A , municipalities shall establish an aggregate maximum level of assistance that is 110% of the applicable existing housing fair market rents as established by the United States Department of Housing and Urban Development pursuant to 24 Code of Federal Regulations, Section 888.115, applying the zero-bedroom level for one person, the one-bedroom level for 2 persons, the 2-bedroom level for 3 persons, the 3-bedroom level for 4 persons and the 4-bedroom level for 5 persons. For each additional person, the aggregate maximum level increases by $75. For the purposes of this subsection, municipalities with populations greater than 10,000 are deemed Standard Metropolitan Statistical Areas in those counties for which there are 2 fair market rent values and the aggregate maximum level of assistance for all Standard Metropolitan Statistical Areas is the average of the fair market rental values for the Standard Metropolitan Statistical Areas and areas that are not Standard Metropolitan Statistical Areas for each county in which there are 2 fair market rental values. Beginning October 2005 and annually thereafter, the aggregate maximum level of assistance must be established at the greater of 110% of the fair market rents as determined in this subsection and the amount achieved by annually increasing the most recent aggregate maximum level of assistance by the percentage increase in the federal poverty level of the current year over the federal poverty level of the prior year. For the purposes of this subsection, "federal poverty level" means that measure defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code, Section 9902(2). [PL 2005, c. 231, §1 (AMD).]

3-C. Maximum level of assistance from July 1, 2012 to June 30, 2013. Notwithstanding subsection 3‑A or 3‑B , for the period from July 1, 2012 to June 30, 2013, the maximum level of assistance is 90% of the maximum level of assistance in effect on April 1, 2012. [PL 2011, c. 655, Pt. R, §1 (NEW).]

3-D. Maximum level of assistance for fiscal years 2013-14 and 2014-15. Notwithstanding subsection 3‑A or 3‑B , the aggregate maximum level of assistance for fiscal years 2013-14 and 2014-15 must be set as follows: A. The aggregate maximum level of assistance for fiscal year 2013-14 must be the amount that is the greater of: (1) Ninety percent of 110% of the United States Department of Housing and Urban Development fair market rent for federal fiscal year 2013; and (2) The amount achieved by increasing the maximum level of assistance for fiscal year 2012-13 by 90% of the increase in the federal poverty level from 2012 to 2013. [PL 2013, c. 368, Pt. OO, §7 (NEW).] B. The aggregate maximum level of assistance for fiscal year 2014-15 must be the amount that is the greater of: (1) Ninety percent of 110% of the United States Department of Housing and Urban Development fair market rent for federal fiscal year 2014; and (2) The amount achieved by increasing the maximum level of assistance for fiscal year 2013-14 by 90% of the increase in the federal poverty level from 2013 to 2014. [PL 2013, c. 368, Pt. OO, §7 (NEW).] For the purposes of this subsection, "federal poverty level" means that measure defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code, Section 9902(2). For the purposes of this subsection, fair market rent is calculated in the same manner as in subsection 3‑B. [PL 2013, c. 368, Pt. OO, §7 (NEW).]

3-E. Maximum levels of assistance for large recovery residences. Municipalities shall establish maximum levels of assistance for housing assistance provided to or on behalf of a person residing in a recovery residence, as described in section 4309, subsection 6, with occupancy of 26 or more beds, in an amount equal to 70% of the maximum levels of assistance for recovery residences with occupancy of 25 or fewer beds. [PL 2025, c. 449, §1 (NEW).]

4. Ordinance filed. Each municipality shall present a copy of the ordinance establishing eligibility standards, maximum levels of assistance, administration and appeal procedures to the Department of Health and Human Services. The ordinance filed must include all forms and notices, including the application form, notice of decision and appeal rights. Any amendment or modification of the municipal ordinance must be submitted to the department. [PL 1993, c. 410, Pt. AAA, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

5. Review of ordinance. [PL 1993, c. 410, Pt. AAA, §5 (RP).]

6. Assistance by vouchers or contract. Except when determined impractical by the administrator for good cause shown, assistance is provided in the form of a voucher payable to vendor or vendors or through direct municipal contract with a provider of goods or services. [PL 1991, c. 209, §3 (NEW); PL 1991, c. 209, §4 (AFF).]

7. Appropriate services. A municipality, in administering a general assistance program, shall provide trauma-informed services and culturally and linguistically appropriate services to all applicants. For purposes of this subsection, "trauma-informed services" means services that acknowledge and are informed by the widespread effects of trauma and recognize the potential paths for recovery; recognize the unique signs and symptoms of trauma in applicants, clients, families and staff; respond by fully integrating knowledge about trauma into policies, procedures and practices; and seek to actively avoid retraumatization. For purposes of this subsection, "culturally and linguistically appropriate services" means services that are designed to serve culturally diverse populations in a person's preferred language; function effectively within the context of cultural beliefs, behaviors and needs presented by a person who applies to or is a recipient of assistance from a general assistance program and the person's community; contribute to a work environment that supports diversity; promote community engagement; build trust and relationships with applicants and recipients; actively support and enable recipients to make informed choices; and value and facilitate the exchange of information with recipients. [PL 2023, c. 575, §3 (NEW).]
22 M.R.S. § 2042 — ME Code / Title 22 / Subtitle 2 / Chapter 412 / Section 2042
22 §2042. Licensing of facilities
Status: in_force

1. Licensing and certification required. The following licensing and certification requirements apply to ESRD facilities. A. Beginning January 1, 1999, a person, partnership, association or corporation may not represent itself as an ESRD facility, operate as an ESRD facility or otherwise provide ESRD services unless the person, partnership, association or corporation has obtained a license from the department. [PL 1997, c. 658, §1 (NEW).] B. Beginning January 1, 1999, an ESRD facility, other than an acute care hospital, must be Medicare-certified and meet Medicare requirements to be eligible for licensure as an ESRD facility. [PL 1997, c. 658, §1 (NEW).] [PL 1997, c. 658, §1 (NEW).]

2. Licenses. If, after receiving an application for a license under this chapter, the department finds that all other conditions of licensure are met, it shall issue a license to the applicant for a period of one year. If the department finds less than full compliance with the conditions of licensure, it may issue a conditional license. The department may issue a conditional license if the applicant fails to comply with applicable laws and rules but the best interest of the public would be served by issuing a conditional license. The conditional license must specify when and what corrections must be made during the term of the conditional license. When an applicant fails to comply with applicable laws and rules, the department may refuse to issue or renew a license. [PL 1997, c. 658, §1 (NEW).]

3. Appeals. An applicant for a license under this chapter who is denied a license or whose application is not acted upon with reasonable promptness has the right of appeal to the commissioner. The commissioner shall provide the appellant with reasonable notice and opportunity for a fair hearing. The commissioner or a member of the department designated and authorized by the commissioner shall hear all evidence pertinent to the matter at issue and render a decision within a reasonable period after the date of hearing. The hearing must conform to the procedures detailed in this subsection. Review of any action or failure to act under this chapter must be pursuant to Title 5, chapter 375, subchapter VII . An action relative to the denial of a license provided under this chapter must be communicated to the applicant in writing and must include the specific reason or reasons for that action and must state that the person affected has a right to a hearing. [PL 1997, c. 658, §1 (NEW).]

4. Right of entry and inspection. A duly designated employee of the department may enter the premises of any ESRD services provider who has applied for a license or who is licensed pursuant to this chapter or rules adopted pursuant to this chapter. These employees may inspect relevant documents of the ESRD services provider to determine whether the provider is in compliance with this chapter and rules adopted pursuant to this chapter. The right of entry and inspection extends to any premises and documents of a provider the department has reason to believe is providing ESRD services without a license. An entry or inspection must be made with the permission of the owner or person in charge unless a warrant is first obtained from the District Court authorizing that entry or inspection under section 2148 . [PL 1997, c. 658, §1 (NEW).]

5. Application fee. An application for a license under this chapter must be accompanied by a fee established by the department based on the cost of survey and enforcement. All fees collected under this subsection must be deposited into the General Fund. [PL 1997, c. 658, §1 (NEW).]

6. Compliance. An ESRD facility must meet all appropriate state rules and federal regulations. [PL 1997, c. 658, §1 (NEW).]

7. Minimum survey requirement. An ESRD facility is not eligible for licensure or renewal of licensure unless the ESRD facility has had a Medicare survey or a state licensure survey within the previous 36 months. [PL 2011, c. 257, §13 (AMD).]

8. Rules. The department shall adopt rules governing the specific requirements for licensure under this chapter. These rules are routine technical rules in accordance with Title 5, chapter 375, subchapter II‑A . The rules must include at least the following. A. The ESRD facility must be in compliance with applicable federal, state and local laws and regulations. [PL 1997, c. 658, §1 (NEW).] B. The ESRD facility must meet all Medicare certification requirements. [PL 1997, c. 658, §1 (NEW).] C. All ESRD facilities must be required to have a backup emergency generator. The emergency generator must be made operational for a period of at least 1/2 hour each month. [PL 1997, c. 658, §1 (NEW).] [PL 1997, c. 658, §1 (NEW).]

9. Sanctions. A person who violates this chapter commits a civil violation for which a forfeiture not to exceed $100 per day of violation may be adjudged. [PL 1997, c. 658, §1 (NEW).]
22 M.R.S. § 42 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 42
22 §42. Rules and regulations
Status: in_force

1. General. The department shall issue rules and regulations considered necessary and proper for the protection of life, health and welfare, and the successful operation of the health and welfare laws. The rules and regulations shall be adopted pursuant to the requirements of the Maine Administrative Procedure Act. [PL 1977, c. 694, §331 (AMD).]

1-A. Administration of medication. The administration of medication in assisted housing programs, residential care facilities, drug treatment centers, day care facilities, children's homes and nursery schools and nonnursing level intermediate care facilities for persons with intellectual disabilities must be in accordance with rules established by the department. In other facilities licensed or approved by the department, excluding those facilities licensed under section 1811, other than nonnursing level intermediate care facilities for persons with intellectual disabilities, the department may establish rules for the administration of medication as it considers necessary. In establishing rules for each type of facility, the department shall consider, among other factors, the general health of the persons likely to receive medication, the number of persons served by the facility and the number of persons employed at the facility who might be involved in the administration of medication. Any rules for the administration of medication must be established in accordance with Title 5, chapter 375 . [PL 2025, c. 237, §1 (AMD).]

2. Department records. The department shall make and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department, and especially those which pertain to the granting of public assistance. The use of such records, papers, files and communications by any other agency or department of government to which they may be furnished shall be limited to the purposes for which they are furnished and by the law under which they may be furnished. It shall be unlawful for any person, except for purposes directly connected with the administration of the public assistance and in accordance with the rules and regulations of the department, to solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such assistance, directly or indirectly, derived from the records, papers, files or communications of the State or subdivisions or agencies thereof, or acquired in the course of the performance of official duties. Any person violating any provision of this subsection shall be punished by a fine of not more than $500 or by imprisonment for not more than 11 months, or by both. [PL 1973, c. 521, §1 (RPR).]

3. Subsurface sewage disposal. The department shall adopt minimum rules relating to subsurface sewage disposal systems. All rules, including installation and inspection rules, must be consistent with Title 30‑A, chapter 185, subchapter III and Title 32, chapter 49 , but this does not preempt the authority of municipalities under Title 30‑A, section 3001 to adopt more restrictive ordinances. These rules may regulate the location of water supply wells to provide minimum separation distances from subsurface sewage disposal systems. The department may require a deed covenant or deed restriction when determined necessary. Any person who violates the rules adopted under this subsection, or who violates a municipal ordinance adopted pursuant to Title 30‑A, sections 4201 and 4211 or uses a subsurface waste water disposal system not in compliance with rules applicable at the time of installation or modification must be penalized in accordance with Title 30‑A, section 4452 . Enforcement of the rules is the responsibility of the municipalities rather than the department. The department or a municipality may seek to enjoin violations of the rules or municipal ordinances. In the prosecution of a violation by a municipality, the court shall award reasonable attorney's fees to a municipality if that municipality is the prevailing party, unless the court finds that special circumstances make the award of these fees unjust. [PL 1997, c. 727, Pt. C, §4 (AMD).]

3-A. Licensing of persons to evaluate soils for subsurface wastewater disposal systems. The department shall adopt rules providing for professional qualification and competence, ethical standards, licensing and relicensing and revocation of licenses of persons to evaluate soils for the purpose of designing subsurface wastewater disposal systems. The hearings provided for in subsection 3 must include consideration of the adoption or change of those rules. The department shall investigate or cause to be investigated all cases or complaints of noncompliance with or violations of this section and the rules adopted pursuant to this section. The department has the authority to grant or amend, modify or refuse to issue or renew a license in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 5 . The District Court has the exclusive jurisdiction to suspend or revoke the license of any person who is found guilty of noncompliance with or violation of the rules adopted pursuant to this subsection or subsection 3 . The department may charge applicants no more than $100 for examination to become a licensed site evaluator. The department shall by rule charge a biennial site evaluator license fee of not more than $150. A licensed site evaluator who is employed by the department to administer this section and does not practice for the public is exempt from the license fee requirement. Appropriate rules must be adopted by the department defining the appropriate financial procedure. The fees are paid to the Treasurer of State to be maintained as a permanent fund and used by the department for carrying out its plumbing and subsurface wastewater disposal rules and site evaluation program. [PL 2015, c. 494, Pt. A, §14 (AMD).]

3-B. Inspection of plumbing and subsurface wastewater disposal systems and temporary portable toilets. The department shall adopt rules providing for the inspection of plumbing and subsurface wastewater disposal systems. The department may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A providing for the inspection of temporary portable toilets, except for temporary portable toilets allowed pursuant to Title 30‑A, section 4211, subsection 3‑A . In municipalities, the municipal officers shall provide for the appointment of one or more plumbing inspectors. In plantations, the assessors shall appoint plumbing inspectors in accordance with Title 30‑A, section 4221 . In the unorganized areas of the State, the department shall appoint plumbing inspectors or act in the capacity of a plumbing inspector until a person is appointed. For purposes of this subsection, "temporary portable toilet" means a prefabricated toilet designed for temporary use. [PL 2023, c. 614, §1 (AMD).]

4. Industrial employees. [PL 1977, c. 83, §2 (RP).]

5. Confidentiality of records containing certain medical information. Department records that contain personally identifying medical information that are created or obtained in connection with the department's public health activities or programs are confidential. These records include, but are not limited to, information on genetic, communicable, occupational or environmental disease entities, and information gathered from public health nurse activities, or any program for which the department collects personally identifying medical information. The department's confidential records may not be open to public inspection, are not public records for purposes of Title 1, chapter 13, subchapter 1 and may not be examined in any judicial, executive, legislative or other proceeding as to the existence or content of any individual's records obtained by the department. Exceptions to this subsection include release of medical and epidemiologic information in such a manner that an individual cannot be identified; disclosures that are necessary to carry out the provisions of chapter 250 ; disclosures made upon written authorization by the subject of the record, except as otherwise provided in this section; disclosures that are specifically required for purposes of reporting data to the Maine Health Data Organization as provided for by statute or by rules adopted by the Maine Health Data Organization; and disclosures that are specifically provided for by statute or by departmental rule. The department may participate in a regional or national tracking system as provided in sections 1533 and 8824 . Nothing in this subsection precludes the department, during the data collection phase of an epidemiologic investigation, from refusing to allow the inspection or copying of any record or survey instrument, including any redacted record or survey instrument, containing information pertaining to an identifiable individual that has been collected in the course of that investigation. The department's refusal is not reviewable. [PL 2021, c. 423, Pt. A, §2 (AMD).]

6. Preadministrative hearing settlement process. The department may adopt rules to establish a preadministrative hearing settlement process. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 218, §1 (NEW).]

7. Appeal process. The department shall amend the rules governing appeals of informal review decisions of MaineCare payment and cost report audit and review issues filed by MaineCare providers of goods and services or initiated by the department and any other informal review decisions that seek to impose repayment, recovery or recoupment obligations or sanctions or fines on providers as provided in this subsection. A. The department shall allow a provider 60 days after the provider's receipt of an audit report, examination report or other audit determination to seek informal review of that determination. The department shall give to the provider involved in an informal review decision written notice of the informal review decision and of the appeal process and the time period for filing a notice of appeal. The department shall allow an additional 60 days for a provider to request an appeal hearing for review of the department's informal review decision. [PL 2005, c. 588, §3 (AMD).] B. [PL 2003, c. 419, §2 (RP).] C. Compensation under any contract into which the department enters for hearing officer services may reflect the number of appeals on which recommendations are made by the hearing officer and may not reflect the substance of the recommendations made by the hearing officer. [PL 2003, c. 419, §2 (AMD).] D. The hearing officer shall conduct a hearing de novo on issues raised in the notice of appeal filed by the provider and shall in a timely manner render a written recommendation based on the record and in accordance with applicable state and federal law, rule and regulation. The hearing officer shall provide a copy of the recommendation to the department and to the provider along with notice of the opportunity to submit written comments to the commissioner. [PL 2001, c. 666, Pt. C, §1 (NEW).] E. The recommendation of the hearing officer must be forwarded to the commissioner for a final decision, based on the record, which must include any written comment submitted in a timely manner by the provider and the department. The commissioner may adopt, adopt with modification or reject the recommendation of the hearing officer. The commissioner shall issue a final decision in writing, which must include the reasons for any departure from the recommendation of the hearing officer and notice of the process for appeal pursuant to Title 5, chapter 375, subchapter 7 . If the commissioner deviates from a prior decision cited in the course of a proceeding, the final decision must include an explanation of the reason that the prior decision was not followed. [PL 2003, c. 419, §2 (AMD).] F. By July 1, 2004 the department shall make available on its publicly accessible website the decisions in all MaineCare provider appeals beginning January 1, 2004, including the recommendations of the hearing officer and the decision of the commissioner. By October 1, 2006 the department shall make available on the same website all decisions issued by the department regarding audit findings, audit reports or examination reports, including final informal review decisions issued as well as decisions on appeal pursuant to the Maine Uniform Accounting and Auditing Practices Act for Community Agencies. The Office of Audit for MaineCare and Social Services also shall include on the website a summary of key interpretations and findings in recent audits that, in the opinion of the office, are to be considered generally by providers in their operations and cost reporting. (1) The website must include a search feature allowing users to obtain information on specific issues of interest. (2) The website must protect information that is personal or confidential. [PL 2005, c. 588, §4 (AMD).] G. In lieu of the appeal procedure provided in this subsection, the parties may choose arbitration by a qualified arbitrator or panel of arbitrators as provided in this paragraph. By January 1, 2004, the department shall adopt rules to implement this paragraph that are consistent with federal law and regulation. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . (1) The arbitrator or panel of arbitrators must be selected and compensated as agreed by the parties. (2) Arbitration under this paragraph is available only when the amount in controversy is $10,000 or less and the subject matter in controversy is assessments, recovery or recoupment orders, sanctions or administrative fines. (3) A provider choosing arbitration under this paragraph may waive any right of appeal. [PL 2003, c. 419, §2 (NEW).] H. In an administrative appeal of an informal review decision under this subsection, the department bears the burden of proving a violation of law or rule by a preponderance of the evidence. If the department proves that existing and available records of goods or services are defective, the department may impose a penalty or sanction, including total recoupment. Total recoupment for defective records is warranted only when the provider has failed to demonstrate by a preponderance of the evidence that the disputed goods or services were medically necessary, MaineCare-covered goods or services and were actually provided to eligible MaineCare members. [PL 2003, c. 688, Pt. C, §7 (AMD).] The department shall provide funding for contractual services under this subsection from within existing resources. [PL 2005, c. 588, §§3, 4 (AMD).]

8. Adoption of rules with retroactive application. The department is authorized to adopt rules that have a retroactive application for a period not to exceed 8 calendar quarters prior to the date of issuance of the rule in accordance with the provisions of this subsection. A. The Office of MaineCare Services is authorized to adopt rules that have retroactive application when necessary to maximize available federal revenue sources, specifically regarding the federal Medicaid program, or to conform to the state Medicaid plan as filed with the Federal Government. The Bureau of Family Independence is authorized to adopt rules in the MaineCare program, Temporary Assistance for Needy Families program and Supplemental Nutrition Assistance Program that have retroactive application to comply with federal requirements or to conform to the state Medicaid plan as filed with the Federal Government. [PL 2023, c. 405, Pt. C, §9 (AMD).] B. With respect to any services that MaineCare providers have rendered prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments that those providers are entitled to receive under the previously applicable rules. The reimbursement or other payments under the amended rules must be equal to or greater than the reimbursement under the rules previously in effect. The rules may retroactively increase provider reimbursement on an emergency basis if needed to ensure that MaineCare members have access to covered medically necessary services. [PL 2005, c. 648, §1 (AMD).] C. For any benefits or services in the MaineCare program, Temporary Assistance for Needy Families program or Supplemental Nutrition Assistance Program that beneficiaries have received prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments, benefits or services that those beneficiaries are entitled to have covered or paid under the previously applicable rules. The reimbursement or other payments, benefits or services under the amended rules must be equal to or greater than under the rules previously in effect. [PL 2023, c. 405, Pt. C, §10 (AMD).] D. This subsection does not give the department the authority to adopt retroactively any rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or Supplemental Nutrition Assistance Program recipient or the beneficiary or recipient of any other program administered by the department. Specific statutory authority is required for adoption of a retroactive rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or Supplemental Nutrition Assistance Program recipient or the beneficiary or recipient of any other program administered by the department. [PL 2023, c. 405, Pt. C, §11 (AMD).] E. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; except that, if the underlying statutory rule-making authority for a rule or set of rules specifies that rules adopted pursuant to that authority are major substantive rules, then the related rule or rules adopted under this subsection are major substantive rules. [PL 2003, c. 612, §1 (NEW).] F. [PL 2005, c. 648, §2 (RP).] [PL 2023, c. 405, Pt. C, §§9-11 (AMD).]

9. Effective date of newly adopted rules. Notwithstanding any other provision of law, when the department adopts a rule affecting a process or procedural change for licensed health care providers, the rule may not take effect for at least 30 days unless the department determines that an emergency rule is necessary pursuant to Title 5, section 8054 or unless the rule affects reimbursement rates applicable to those licensed health care providers. For the purposes of this subsection, "licensed health care provider" means a physician, clinic, hospital, health maintenance organization, home health agency, private clinical laboratory or other person who provides primary health care services and is registered or licensed by the State. [PL 2005, c. 241, §1 (NEW).]
22 M.R.S. § 1062 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1062
22 §1062. Distribution of immunizing agents
Status: in_force

The department shall have authority to purchase or receive by gift and dispense immunizing agents and other pharmaceuticals for use in the prevention and control of diseases and disabilities. The department shall provide and distribute immunizing agents throughout the State when necessary to protect the public health. [PL 1977, c. 304, §2 (NEW).]
22 M.R.S. § 4041 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4041
22 §4041. Departmental responsibilities
Status: in_force

1. Rehabilitation and reunification. [PL 2001, c. 559, Pt. CC, §4 (RP).]

1-A. Rehabilitation and reunification. A child is considered to have entered foster care on the date of the first judicial finding that the child has been subjected to child abuse or neglect or on the 60th day after the child is removed from the home, whichever occurs first. When a child is considered to have entered foster care, the responsibility for reunification and rehabilitation of the family must be shared as follows. A. The department shall: (1) Develop a rehabilitation and reunification plan as provided in this subparagraph. (a) In developing the rehabilitation and reunification plan, the department shall make good faith efforts to seek the participation of the parent. Information that must be included in developing the plan includes the problems that present a risk of harm to the child, the services needed to address those problems, provisions to ensure the safety of the child while the parent engages in services, a means to measure the extent to which progress has been made, and visitation that protects the child's physical and emotional well-being. With this information, the department shall prepare a written rehabilitation and reunification plan. (b) The department shall circulate the plan to the parties at least 10 days before a scheduled court hearing and shall present the plan to the court for filing at that hearing. (c) The rehabilitation and reunification plan must include the following: (i) The reasons for the removal of the child from home; (ii) The changes that are necessary to eliminate jeopardy to the child while in the care of a parent; (iii) Rehabilitation services that will be provided and must be completed satisfactorily prior to the child's returning home; (iv) Services that must be provided or made available to assist the parent in rehabilitating and reunifying with the child, as appropriate to the child and family, including, but not limited to, reasonable transportation for the parent for visits and services, child care, housing assistance, assistance with transportation to and from required services and other services that support reunification; (v) A schedule of and conditions for visits between the child and the parent designed to provide the parent and child time together in settings that provide as positive a parent-child interaction as can practicably be achieved while ensuring the emotional and physical well-being of the child when visits are not detrimental to the child's best interests; (vi) Any use of kinship support, including, but not limited to, placement, supervision of visitation, in-home support or respite care; (vii) A reasonable time schedule for proposed reunification, reasonably calculated to meet the child's needs; and (viii) A statement of the financial responsibilities of the parent and the department during the reunification process; (2) Provide the parent with prompt written notice of the following, unless that notice would be detrimental to the best interests of the child: (a) The child's residence and, when practicable, at least 7 days' advance written notice of a planned change of residence; and (b) Any serious injuries, major medical care received or hospitalization of the child; (3) Make good faith efforts to cooperate with the parent in the pursuit of the plan; (4) Periodically review with the parent the progress of the plan and make any appropriate changes in that plan. If the parties disagree about the proposed changes in the plan, any party may seek an informal conference with all other parties in an effort to resolve the disagreement, prior to initiating court action. If the parties are unable to agree after an informal conference, the parties may have access to the court's case management system. This subparagraph may not be construed to limit the court's authority to manage and control any cases within the court; (5) Petition for judicial review and return of custody of the child to the parent at the earliest appropriate time; and (6) Petition for termination of parental rights at the earliest possible time that it is determined that family reunification efforts will be discontinued pursuant to subsection 2 and that termination is in the best interests of the child. [PL 2001, c. 559, Pt. CC, §5 (NEW).] B. The responsibilities of the parent include, as appropriate to the child and family, that the parent: (1) Rectify and resolve problems that prevent the return of the child to the home; (2) Cooperate with the department in the development of the plan, as described in paragraph A ; (3) Take part in a reasonable rehabilitation and reunification plan. Use of rehabilitation and other services by a parent may not be used to constitute an admission by the parent; (4) Maintain meaningful contact with the child pursuant to the plan. When a parent has moved from the area where the child has been placed, the parent shall make arrangements to visit the child at or near the child's placement. If a significant practical barrier to parental contact with the child arises, any party aware of the barrier shall notify the other parties and all parties shall make efforts to overcome the barrier to contact; (5) Seek and utilize appropriate services to assist in rehabilitating and reunifying with the child; (6) Pay reasonable sums toward the support of the child within the limits of the parent's ability to pay; (7) Maintain contact with the department, including prompt written notification to the department of any change of address; and (8) Make good faith efforts to cooperate with the department in developing and pursuing the plan. [PL 2001, c. 559, Pt. CC, §5 (NEW).] C. Unless excused for good cause shown, at any hearing held under section 4034, subsection 4 or within 10 days of the filing of the petition if a hearing under section 4034, subsection 4 is not held, the department shall present to the court for review a preliminary rehabilitation and reunification plan, a plan to avoid removal of the child from home or decision not to commence reunification. (1) A preliminary plan must be developed with the custodial parent and the department caseworker if the parent is willing to engage in the development of the plan. (2) The preliminary plan must include the following: a statement of the problems causing risk to the child identified by the department and by the parent; preliminary identification by the parent and by the department of services needed; a description of the visitation plan or explanation of why visits are not scheduled; the names, addresses and telephone numbers of any relatives or family friends known to the department and parent to be available as resources for rehabilitation and reunification; and the department's preliminary assessment of any kinship placements. (3) Prior to review by the court, the department shall provide a copy of the preliminary plan to counsel for the parents, or to the parents if they do not have counsel, and to the guardian ad litem. (4) The court may review the preliminary plan in a hearing that does not allow testimonial evidence with all parties and counsel present or may hold a summary hearing at which the court may limit testimony to the testimony of the caseworker, parent, guardian ad litem, person to whom trial placement was given, foster parents, preadoptive parents or relatives providing care and may admit evidence, including reports and records, that would otherwise be inadmissible as hearsay evidence. (5) The preliminary plan remains in effect until the court enters a jeopardy order under section 4035 . A party may file an amended plan at any time before the jeopardy order is entered with the written agreement of all parties. [PL 2001, c. 559, Pt. CC, §5 (NEW).] D. The department may make reasonable efforts to place a child for adoption or with a legal guardian concurrently with reunification efforts if potential adoptive parents have expressed a willingness to support the rehabilitation and reunification plan. [PL 2001, c. 559, Pt. CC, §5 (NEW).] [PL 2001, c. 559, Pt. CC, §5 (NEW).]

2. Determination of need to commence or discontinue rehabilitation and reunification efforts. The following provisions determine when rehabilitation and reunification efforts are not necessary or may be discontinued. A. [PL 1997, c. 715, Pt. B, §11 (RP).] A-1. [PL 2001, c. 696, §33 (RP).] A-2. The court may order that the department need not commence or may cease reunification efforts only if the court finds at least one of the following: (1) The existence of an aggravating factor; or (2) That continuation of reunification efforts is inconsistent with the permanency plan for the child. (a) When 2 placements with the same parent have failed and the child is returned to the custody of the department, the court shall make a finding that continuation of reunification efforts is inconsistent with the permanency plan for the child and order the department to cease reunification unless the parent demonstrates that reunification should be continued and the court determines reunification efforts to be in the best interests of the child. (b) If the permanency plan provides for a relative or other person to have custody of the child and the court has ordered custody of the child to that relative or other person, the court shall make a finding that continuation of reunification efforts is inconsistent with the permanency plan for the child and order the department to cease reunification unless the parent demonstrates that reunification should be continued and the court determines reunification efforts to be in the best interests of the child. [PL 2001, c. 696, §34 (NEW).] B. [PL 1997, c. 715, Pt. B, §11 (RP).] B-1. When the department discontinues efforts to return the child to a parent, it shall give written notice of this decision to that parent at the parent's last known address. This notice must include the specific reasons for the department's decision, the specific efforts the department has made in working with the parent and child and a statement of the parent's rights under section 4038 . The department shall seek an order authorizing it to discontinue reunification efforts. Within 10 days of sending written notice of the decision to discontinue reunification efforts, the department shall file a motion for approval of discontinuance of reunification efforts with supporting affidavits. If the parents file a responsive pleading within 21 days, the court shall conduct a summary proceeding in accordance with the provisions of section 4034, subsection 4 . If no responsive pleading is filed, the court may hold a summary hearing in accordance with the provisions of section 4034, subsection 4 or may decide the matter without a hearing. [PL 1997, c. 715, Pt. B, §11 (NEW).] C. If the department discontinues efforts to return the child to a parent but does not seek termination of parental rights, then subsection 1‑A, paragraph A, subparagraph (1), division (c), subdivision (v) and subsection 1‑A, paragraph A , subparagraph (2) still apply. [PL 2005, c. 397, Pt. B, §5 (AMD).] [PL 2005, c. 397, Pt. B, §5 (AMD).]

3. Notice to guardian ad litem. The department shall notify the guardian ad litem, as described in section 4005 , of any substantial change in circumstances that may have an impact on the best interests of the child. A substantial change in circumstances includes but is not limited to any change in the child's residence. [PL 1991, c. 356 (AMD).]
22 M.R.S. § 2848 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2848
22 §2848. Registering a presumed death
Status: in_force

When a death is presumed to have occurred in the State but the body has not been located, the State Registrar of Vital Statistics shall register a death in accordance with this section upon receipt of a certified copy of an order of a court issued in accordance with Title 18‑C, section 1‑106, subsection 5 . [PL 2017, c. 402, Pt. C, §50 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Required information. In order to register a death on the basis of a court order, the court order must include: A. The decedent's full legal name; [PL 2015, c. 193, §2 (NEW).] B. The date of death, as determined from the evidence presented; [PL 2015, c. 193, §2 (NEW).] C. The municipality, county and place of death, as determined from the evidence presented; [PL 2015, c. 193, §2 (NEW).] D. The decedent's address, including street address, municipality, county, state and zip code at the time of death; [PL 2015, c. 193, §2 (NEW).] E. The decedent's marital status at the time of death; [PL 2015, c. 193, §2 (NEW).] F. The given name of the decedent's surviving spouse, if any; and [PL 2015, c. 193, §2 (NEW).] G. If known, information necessary to complete the medical certification including the cause and manner of death. If the death occurred from an injury, the court order must include information on how and when the injury occurred. If such information is not known, the order must indicate the lack of available information. [PL 2015, c. 193, §2 (NEW).] [PL 2015, c. 193, §2 (NEW).]

2. Death certificate; identification of court order. A death certificate issued pursuant to this section must identify the court that issued the order on which the death certificate is based and include the date of the court order. [PL 2015, c. 193, §2 (NEW).]

3. Record marked "presumptive." The record of a death registered pursuant to this section must be marked "presumptive." [PL 2015, c. 193, §2 (NEW).]
22 M.R.S. § 802 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 802
22 §802. Authority of department
Status: in_force

1. Authority. To carry out this chapter, the department may: A. Designate and classify communicable, environmental and occupational diseases; [PL 2005, c. 383, §6 (AMD).] B. Establish requirements for reporting and other surveillance methods for measuring the occurrence of communicable, occupational and environmental diseases and the potential for epidemics; [PL 2005, c. 383, §6 (AMD).] C. Investigate cases, epidemics and occurrences of communicable, environmental and occupational diseases; [PL 2021, c. 349, §2 (AMD).] D. Establish procedures for the control, detection, prevention and treatment of communicable, environmental and occupational diseases, including public immunization, contact notification programs and closure of a business or entity when that business or entity directly and repeatedly violates public health control measures during an extreme public health emergency under section 820 ; and [PL 2021, c. 349, §3 (AMD).] E. Impose administrative fines in accordance with section 804 and Title 5, chapter 375 . [PL 2021, c. 349, §4 (NEW).] [PL 2021, c. 349, §§2-4 (AMD).]

2. Health emergency. In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to: A. Procedures for the isolation and placement of infected persons for purposes of care and treatment or infection control; [PL 1989, c. 487, §11 (NEW).] B. Procedures for the disinfection, seizure or destruction of contaminated property; [PL 2021, c. 349, §5 (AMD).] C. The establishment of temporary facilities for the care and treatment of infected or exposed persons, which are subject to the supervision and regulations of the department and to the limitations set forth in section 807 ; and [PL 2021, c. 349, §6 (AMD).] D. Procedures for the imposition of sanctions, including license suspensions and administrative fines, to enforce orders issued to reduce potential exposure and risk to public health. Notwithstanding Title 5, section 10004, subsection 3 , the department may directly and temporarily suspend a department-issued license for more than 30 days when further operation of the licensee's business would result in a serious and imminent risk to public health or safety. [PL 2021, c. 349, §7 (NEW).] [PL 2021, c. 349, §§5-7 (AMD).]

2-A. Declaration of extreme public health emergency by Governor. The Governor may declare an extreme public health emergency pursuant to this chapter and Title 37‑B, chapter 13, subchapter II . [PL 2001, c. 694, Pt. B, §3 (NEW); PL 2005, c. 383, §24 (AFF).]

3. Rules. The department shall adopt rules to carry out its duties as specified in this chapter. The application of rules adopted pursuant to Title 5, section 8052 to implement section 820 must be limited to periods of an extreme public health emergency. Rules adopted pursuant to this subsection, unless otherwise indicated, are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 383, §8 (AMD); PL 2005, c. 383, §24 (AFF).]

4. Immunization required. [PL 2001, c. 185, §1 (RP).]

4-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Designated health care facility" means a licensed nursing facility, residential care facility, intermediate care facility for persons with intellectual disabilities, multi-level health care facility, hospital or home health agency. [PL 2011, c. 542, Pt. A, §25 (AMD).] B. "Disease" means one of those conditions enumerated in rules adopted by the department that may be preventable by an immunizing agent. [PL 2001, c. 185, §2 (NEW).] C. "Employee" means any person who performs a service for wages or other remuneration for a designated health care facility. [PL 2001, c. 185, §2 (NEW).] D. "Immunizing agent" means a vaccine, antitoxin or other substance used to increase an individual's immunity to a disease. [PL 2001, c. 185, §2 (NEW).] [PL 2011, c. 542, Pt. A, §25 (AMD).]

4-B. Exemptions to immunization. Employees are exempt from immunization otherwise required by this subchapter or by rules adopted by the department pursuant to this section under the following circumstances. A. A medical exemption is available to an employee who provides a written statement from a licensed physician, nurse practitioner or physician associate that, in the physician's, nurse practitioner's or physician associate's professional judgment, immunization against one or more diseases may be medically inadvisable. [PL 2019, c. 154, §8 (AMD); PL 2019, c. 154, §12 (AFF); PL 2025, c. 316, §3 (REV).] B. [PL 2019, c. 154, §9 (RP).] C. An exemption is available to an individual who declines hepatitis B vaccine, as provided for by the relevant law and regulations of the federal Department of Labor, Occupational Health and Safety Administration. [PL 2001, c. 185, §2 (NEW).] [PL 2019, c. 154, §§8, 9 (AMD); PL 2019, c. 154, §12 (AFF); PL 2025, c. 316, §3 (REV).]

5. Immunization requirements for nursing facility staff. A nursing facility or licensed assisted living facility shall adopt a facility policy that recommends and offers annual immunizations against influenza to all personnel who provide direct care to residents of the facility. [PL 1999, c. 378, §2 (NEW).]

6. Acceptance of funds. The department is authorized to accept any public or private funds that may be available to create a supply or stockpile of antiviral medications, influenza vaccines or other items necessary in the event of a severe outbreak of influenza or an outbreak of another infectious disease. [PL 2007, c. 240, Pt. UU, §1 (NEW).]
22 M.R.S. § 7253 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7253
22 §7253. Prescribers and dispensers required to check prescription monitoring information
Status: in_force

1. Prescribers. On or after January 1, 2017, upon initial prescription of a benzodiazepine or an opioid medication to a person and every 90 days for as long as that prescription is renewed, a prescriber shall check prescription monitoring information for records related to that person. [PL 2015, c. 488, §9 (NEW).]

2. Dispensers. A dispenser shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication to a person under any of the following circumstances: A. The person is not a resident of this State; [PL 2015, c. 488, §9 (NEW).] B. The prescription is from a prescriber with an address outside of this State; [PL 2015, c. 488, §9 (NEW).] C. The person is paying cash when the person has prescription insurance on file; or [PL 2015, c. 488, §9 (NEW).] D. According to the pharmacy prescription record, the person has not had a prescription for a benzodiazepine or an opioid medication in the previous 12-month period. [PL 2015, c. 488, §9 (NEW).] A dispenser shall withhold a prescription until the dispenser is able to contact the prescriber of that prescription if the dispenser has reason to believe that the prescription is fraudulent or duplicative. [PL 2017, c. 360, §6 (AMD).]

2-A. Dispensers who are veterinarians. Notwithstanding subsection 2 , a dispenser who is a veterinarian licensed under Title 32, chapter 71-A shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication for an animal except in circumstances described in subsection 3, paragraph C . [PL 2017, c. 360, §7 (NEW).]

3. Exceptions. The requirements to check prescription monitoring information established in this section do not apply: A. When a licensed or certified health care professional directly orders or administers a benzodiazepine or an opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure; [PL 2017, c. 360, §8 (AMD).] B. When a licensed or certified health care professional directly orders, prescribes or administers a benzodiazepine or an opioid medication to a person suffering from pain associated with end-of-life or hospice care; or [PL 2017, c. 360, §8 (AMD).] C. When a veterinarian licensed under Title 32, chapter 71-A is providing care to an animal in a mobile or emergency setting or is dispensing a benzodiazepine or an opioid medication in an amount to be used during a period of 48 hours or less after the benzodiazepine or opioid medication is dispensed. [PL 2017, c. 360, §8 (NEW).] [PL 2017, c. 360, §8 (AMD).]

4. Violation. A person who violates this section commits a civil violation for which a fine of $250 per incident, not to exceed $5,000 per calendar year, may be adjudged. [PL 2015, c. 488, §9 (NEW).]

5. Rulemaking. [PL 2017, c. 213, §10 (RP).]
22 M.R.S. § 7307 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7307
22 §7307. Relatives as providers
Status: in_force

The department may not refuse to pay a relative of an adult with long-term care needs for the provision of in-home and community support services or personal care assistance services if the relative is qualified to provide the service and the payment is not prohibited by federal law or regulation. [PL 1989, c. 714 (NEW).]
22 M.R.S. § 3471 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3471
22 §3471. Declaration of policy and legislative intent
Status: in_force

The Legislature recognizes that many adult citizens of the State, because of incapacitation or dependency, are unable to manage their own affairs or to protect themselves from abuse, neglect or exploitation. Often these persons can not find others able or willing to render assistance. The Legislature intends, through this Act, to establish a program of protective services designed to fill this need and to ensure its availability to all incapacitated and dependent adults who are faced with abuse, neglect, exploitation or the substantial risk of abuse, neglect or exploitation. It is also the intent of the Legislature to authorize only the least possible restriction on the exercise of personal and civil rights consistent with the person's need for services and to require that due process be followed in imposing those restrictions. Any requirements for disclosure of information contained in this chapter do not supersede federal law if federal law prohibits the disclosure of such information in the manner as set forth in this chapter. [PL 2003, c. 653, §1 (AMD).]
22 M.R.S. § 3028-B — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3028-B
22 §3028-B. Retention of body fragments and body fluids
Status: in_force

A medical examiner or the medical examiner's designated pathologist may retain body fragments or body fluids for evidence, further study or documentation. [RR 2021, c. 2, Pt. B, §152 (COR).]
22 M.R.S. § 1321 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1321
22 §1321. Notice and removal
Status: in_force

If the department determines that an environmental lead hazard exists in or on any dwelling, premises, residential child-occupied facility, child care facility, premises of a family child care provider or nursery school: [PL 2005, c. 530, §4 (AMD).]

1. Notice posted. The department shall post in or upon the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school, in a conspicuous place or places, notice of the existence of environmental lead hazard. Notice may not be removed until the department states that the property owner has complied with the order issued pursuant to subsection 3 that the lead‑based substances be removed, replaced or securely and permanently covered; [PL 2019, c. 100, §1 (AMD).]

2. Notice to persons. The department shall give notice of the existence of the environmental lead hazard to all occupants; [PL 1991, c. 810, §28 (AMD).]

3. Notice to owner; removal. The department shall give notice of the existence of the environmental lead hazard to the owner and order that the lead-based substances be removed, replaced or securely and permanently covered within 30 days of receipt of the notice. If the lead-based substances can not be removed, replaced or securely and permanently covered within 30 days, the department may grant an extension of reasonable time. All lead-based paint activities must be performed in accordance with rules adopted by the Department of Environmental Protection pursuant to Title 38, chapter 12‑B . In the case of an owner-occupied, single-family residence, the department may provide technical assistance and guidance in lieu of enforcement activity at the department's discretion; [PL 2019, c. 100, §2 (AMD).]

3-A. Notice to owner; interim controls. The department may order the owner to implement lead exposure reduction actions or interim controls as determined by the department with reasonable notice until the owner is able to remove, replace or securely and permanently cover lead-based substances. In order to determine the effectiveness of the actions taken or interim controls, the department may inspect the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school; [PL 2023, c. 82, §1 (NEW).]

4. Sale of dwelling, residential facility, child-occupied facility or nursery school. If, before the end of the 30-day period or extension, the owner sells the dwelling, premises, child care facility, premises of the family child care provider, residential child-occupied facility or nursery school, the owner shall notify the prospective buyer of the environmental lead hazard and the new owner must assume the responsibility of carrying out the requirements of this section within the specified time period; and [PL 2019, c. 100, §3 (AMD).]

5. Abatement procedures. [PL 1997, c. 375, §6 (RP).]

6. Lead-based paint activities prohibition. [PL 1999, c. 276, §14 (RP).]

7. Notice filed in registry of deeds. The department shall file in the registry of deeds in the county in which the property is located a notice of an order issued pursuant to subsection 3 that the lead‑based substances be removed, replaced or securely and permanently covered. When the department determines that the property owner has complied with the order, the department shall file a notice in the registry of deeds in the county in which the property is located stating that the property owner has complied with the order. A notice filed pursuant to this subsection must contain: A. The name of the property owner; [PL 2019, c. 100, §4 (NEW).] B. The book and page in the registry of the property owner's deed; and [PL 2019, c. 100, §4 (NEW).] C. A notarized signature of the person from the department filing the notice. [PL 2019, c. 100, §4 (NEW).] A notice stating that the property owner has complied with the order must also contain the book and page of the original order. The department shall adopt rules to implement this subsection, including, but not limited to, rules establishing the form of the notice to be filed in the registry of deeds. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 100, §4 (NEW).]
22 M.R.S. § 3788 — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3788
22 §3788. Program requirements
Status: in_force

1. Notice of program assistance. The department shall provide written notice to all applicants for and recipients of the Temporary Assistance for Needy Families program of the range of education, employment and training opportunities, and the types of support services, including transitional support services and medical assistance, available under the ASPIRE-TANF program, together with a statement that all participants may apply for those opportunities and services. [PL 1997, c. 530, Pt. A, §26 (AMD).]

1-A. Information about and application for Parents as Scholars Program. When there are fewer than 2,000 enrollees in the Parents as Scholars Program under chapter 1054‑B , the department shall inform all persons applying for ASPIRE-TANF and all ASPIRE-TANF participants reviewing or requesting to amend their education, training or employment program under ASPIRE-TANF of the Parents as Scholars Program and shall offer them the opportunity to apply for the program. The department shall assist persons who apply for ASPIRE-TANF and participants seeking to matriculate for postsecondary education, including through appropriate referrals for remedial services or financial aid assistance, and shall assist persons with the provision of ASPIRE-TANF services for which they are eligible. [PL 2021, c. 648, §8 (AMD).]

2. Application; decision. As part of the orientation process for ASPIRE-TANF, all participants must be given the opportunity to apply for any education, training and employment and support services at the office of the program serving the area in which the individual lives. At orientation, each participant shall receive a complete list of all support services and education, training and employment services available under the ASPIRE-TANF program so that the individual may identify the services that the individual considers necessary to participate in the program. A written copy of each amendment to the family contract must be given to the participant, together with a complete list of all support services and education, training and employment services available under the program and notice of the participant's right to request a conciliation meeting and a fair hearing. A participant may request an amendment to the participant's family contract at any time. If the participant's request is denied, the participant must be notified in writing of the reason for the denial and must be given notice of right to a fair hearing. [PL 1997, c. 530, Pt. A, §26 (AMD).]

3. Assessment. Each participant's case manager shall conduct an initial assessment to determine that individual's education, training and employment needs based on available program resources, the participant's skills and aptitudes, the participant's need for supportive services, local employment opportunities, the existence of any good cause circumstances under section 3785 and, to the maximum extent possible, the preferences of the participant. The department shall document findings in the participant's case record indicating any barriers to participation, including, but not limited to, any physical or mental health problems, including learning disabilities or cognitive impairments, or other good cause circumstances specified in section 3785 . [PL 2013, c. 376, §1 (AMD).]

3-A. Comprehensive screening and assessment. If upon an initial screening or at a later date it is determined that a participant has physical or mental health impairments, learning disabilities, cognitive impairments or limitations related to providing care for a household member with a disability or serious illness or a child with a serious behavioral condition, the participant must be offered the opportunity for a comprehensive assessment that may result in referral for alternative services, supports and income benefits. If the participant chooses to have a comprehensive assessment, the participant must be referred to a qualified professional to identify the strengths and needs of and barriers faced by that participant. The participant's case manager shall ensure that any accommodation or support services necessary for the participant to participate in the assessment are made available to the participant. The participant may supplement this assessment with medical records or any other credible information related to the participant's ability to participate in program activities. An assessment under this subsection may also be initiated at the choice of the participant at any time. The individual performing this assessment shall recommend to the case manager any services, supports and programs needed to improve the economic self-sufficiency and well-being of the participant and the participant's family based on the assessment. In coordination with the participant, the case manager shall establish a plan for the participant and the participant's family based on the assessment that includes appropriate services, supports and programs consistent with the findings and recommendations of the assessment that may include: A. Referral to a community agency qualified to assist the participant with services, supports, education, training and accommodations needed to reduce or overcome any barriers to achieving self-sufficiency and to fulfill the participant's personal and family responsibilities; and [PL 2013, c. 376, §2 (NEW).] B. Assistance needed by the participant to obtain federal social security disability insurance benefits or federal supplemental security income benefits. [PL 2013, c. 376, §2 (NEW).] This subsection does not preclude a determination that the participant is temporarily unable to participate, including participation in any assessment pursuant to this subsection, due to good cause as described in section 3785 . Any determination made under this subsection may be appealed in accordance with section 3762, subsection 9 . A participant who chooses to participate in a comprehensive assessment under this subsection and fails to participate without good cause may be sanctioned in accordance with section 3763, subsection 1‑A, paragraph A regardless of any previous sanctions that the participant may have incurred. The department shall provide training for case managers regarding their job responsibilities and their obligation to comply with the requirements of the federal Americans with Disabilities Act of 1990; the federal Rehabilitation Act of 1973; and the Maine Human Rights Act when interviewing and providing information to participants, when referring participants for alternative services or when considering whether the participant requires reasonable accommodations in order to participate in the ASPIRE-TANF program. [PL 2013, c. 376, §2 (NEW).]

4. Employability plan. [PL 1997, c. 530, Pt. A, §26 (RP).]

4-A. Family contract amendment. To the extent that sufficient funds, training sites and employment opportunities are reasonably available, the department and a participant in the program shall enter into an amended family contract that must include both the department's and the participant's activities and the support services necessary for the individual to participate in accordance with the assessment, the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 and the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4. [PL 2009, c. 291, §8 (AMD).]

5. Provision of support services. Payment for support services must be furnished promptly in accordance with rules adopted by the department to, or on behalf of, eligible individuals as agreed to in the family contract. The rules must provide for an expedited procedure for payment for support services when those services are immediately necessary to enable the participant to participate in an approved education, training or employment plan. The support services required to participate in ASPIRE-TANF must be specified in the family contract and each participant must receive the support services prescribed in that contract, which may include respite care. [PL 1997, c. 530, Pt. A, §26 (AMD).]

6. Education, training and employment services. The ASPIRE-TANF program must make available a broad range of education, training and employment services in accordance with section 3781‑A, subsection 3 and the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 and the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4. These services and activities must include all of those services and activities offered by the Additional Support for People in Retraining and Employment Program on October 1, 1989, except in 2-year and 4-year postsecondary education and except as provided in chapter 1054‑B . This section does not prohibit the department from purchasing equivalent services from providers other than those from whom those services were purchased on October 1, 1989. When a particular approved education or training service is available at comparable quality and cost, including the cost of support services, and the implementation of the family contract would not be unreasonably delayed, the program participant may choose to enroll for that service with the provider of that person's preference. If this decision is not mutually agreed to by the participant and the case manager, the decision must be reviewed by the case manager's supervisor. These services must include reimbursement for the cost of tuition, mandatory fees and the cost of transcripts or transferring credits for postsecondary education when the participant has exhausted any available educational funding to complete the participant's family contract, in accordance with department rules. A. [PL 2021, c. 648, §9 (RP).] B. [PL 2021, c. 648, §9 (RP).] C. [PL 2021, c. 648, §9 (RP).] When a substantially similar postsecondary education or training program of comparable quality is available at both a public and private institution, within a reasonable commuting distance for the participant, the department may choose to approve the program offered at the public institution if the participant's program can be completed at less cost at the institution. [PL 2021, c. 648, §9 (AMD).]

6-A. Parents as Scholars Program prematriculation services. The department shall assist ASPIRE-TANF participants interested in applying for the Parents as Scholars Program under chapter 1054‑B to prepare to matriculate, including enrolling participants or preparing participants for enrollment in a program providing remedial services necessary for matriculation; identifying the strengths, needs and barriers faced by participants; and making referrals to programs qualified to assist participants with the services, supports, education, training and accommodations needed to reduce or overcome barriers to enrollment in the Parents as Scholars Program. The department shall cover the cost of support services in accordance with this section needed for any activity under this subsection included in the family contract. Any hours spent preparing for matriculation under this subsection, including, but not limited to, exploring educational opportunities and financial aid options and applying for educational programs or financial aid, must be considered hours of participation in ASPIRE-TANF for the purposes of participation under chapter 1053‑B . These hours may also be counted for federal participation as allowable by federal law. [PL 2021, c. 648, §10 (NEW).]

7. Readability. [PL 1995, c. 418, Pt. A, §32 (RP).]

7-A. Basic skills education. The department shall make available to individuals participating in the ASPIRE-TANF program basic skills education, including programs that assist individuals in obtaining a high school diploma or its equivalent or comparable credential. The time spent by an ASPIRE-TANF participant in basic skills education must be counted toward the first 20 hours of the participant's required weekly work participation, except that this subsection is suspended for any period for which it would cause the State to fail to meet the work participation rate requirements pursuant to 42 United States Code, Section 607, subsection (a). The department shall ensure that the State's work verification plan required under federal law for validating work participation activities of ASPIRE-TANF participants includes basic skills education in the definition of vocational educational training when it is a necessary part of a participant's vocational educational training plan. [PL 2019, c. 484, §5 (NEW).]

8. Annual report. [PL 1995, c. 418, Pt. A, §32 (RP).]

9. Rules. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this section. [PL 1997, c. 530, Pt. A, §26 (AMD).]

10. Program design. The department shall operate the ASPIRE-TANF program in accordance with the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4. A. Individuals who are ready for jobs may participate in job search at any time. Up-front job search must focus on new recipients who are ready for jobs who are eligible for TANF based on underemployment of the primary wage earner and new single-parent recipients who are ready for jobs and whose children are 5 years of age or older. [PL 1997, c. 530, Pt. A, §26 (AMD).] B. Work evaluation consists of all activities related to orientation, assessment and initial family contract formulation. Work evaluation is limited to a maximum of 90 days, unless extended by the commissioner or the designee of the commissioner. If an ASPIRE-TANF participant is determined by the department to be job ready, the participant may access the workforce-MaineServe component directly from work evaluation. [PL 1997, c. 530, Pt. A, §26 (AMD).] C. Except for participants who are accepted into the Parents as Scholars Program established under section 3790 , education, training and treatment is limited to a maximum of 24 months, starting with the first day of participation in any allowable and approved job skills or occupational skills training activity. The 24-month period may be extended by the commissioner or the designee of the commissioner for good cause shown. The department may approve a job skills or occupational training activity longer than 24 months provided the participant agrees to perform a minimum of 20 hours a week of work site experience by no later than the end of the 24-month period. Qualifying work site experience may include, but is not limited to, paid employment, workforce-MaineServe, ASPIRE-Plus, work study, training-related practicums or any other such work site approved by the department. The 24-month period does not include periods of nonactivity in which good cause has been determined. For individuals who are satisfactorily participating in an education or training program prior to the work evaluation, the department must determine the acceptability of the activity for purposes of meeting the participation requirements of this chapter using the same criteria as is used for any individual in the ASPIRE-TANF program. [PL 2005, c. 480, §1 (AMD).] D. Workforce-MaineServe consists of paid employment, subsidized employment, apprenticeships or other mandatory work activities, which may continue until the participant is ineligible for TANF benefits. [PL 1997, c. 530, Pt. A, §26 (AMD).] [PL 2009, c. 291, §10 (AMD).]

11. Individual participation requirements. Participation in the program components is governed by subsection 10 and this subsection. A. For recipients whose eligibility for TANF is based on unemployment or underemployment of the primary wage earner, participation in the workforce-MaineServe component is required and any participation in the education, training and treatment component is contingent on satisfactory participation in workforce-MaineServe. [PL 1997, c. 530, Pt. A, §26 (AMD).] B. ASPIRE-TANF participants who are attending school or are involved in an equivalent educational program recognized by the Department of Education or a local school board are considered to be in the education, training or treatment component and their participation is not limited to 24 months. The department shall encourage recipients younger than 20 years of age who have not completed high school to attend traditional high school. [PL 1997, c. 530, Pt. A, §26 (AMD).] C. Subject to the requirements of the Americans with Disabilities Act, if a recipient of TANF is hindered from obtaining employment or successfully completing any portion of the ASPIRE-TANF program by reason of substance use, the recipient must enter into a substance use disorder treatment program. This treatment activity may occur at any time during the ASPIRE-TANF program. [PL 2017, c. 407, Pt. A, §81 (AMD).] D. If a claim of disability or other good cause is made by a participant, the department shall assess the circumstances of the claim. If good cause is found to exist, the department shall offer reasonable alternative participation requirements and document them in the participant's family contract and case record. [PL 2001, c. 335, §3 (NEW).] [PL 2017, c. 407, Pt. A, §81 (AMD).]

12. Developing resources. To assist the department in its efforts to encourage job placement opportunities and provide the services necessary to ensure self-support to recipients of TANF assistance, the department may contract with public and private agencies to establish job placement opportunities. In order to assist in the development of job placement opportunities, the department in cooperation with the Department of Labor and other state agencies shall explore the feasibility of developing a shared approach to technology to support access to information talent banks, national job banks, Maine's job listings and any other job opportunity listings, to facilitate linking program resources listings and to coordinate case service providers. In addition, all public and private agencies are subject to the following requirements. A. All agencies that receive funds from any state department or division must provide at least one workforce-MaineServe opportunity for an ASPIRE-TANF participant. [PL 1997, c. 530, Pt. A, §26 (AMD).] B. All state agencies that provide funding for child care or transportation services must require that recipients of TANF be given priority for those services. [PL 1997, c. 530, Pt. A, §26 (AMD).] C. All agencies that receive funds from any state agency for the treatment of substance use disorder must require that recipients of TANF be given priority for those services. [PL 2017, c. 407, Pt. A, §82 (AMD).] [PL 2017, c. 407, Pt. A, §82 (AMD).]

13. Determination of types of opportunities. [PL 1997, c. 530, Pt. A, §26 (RP).]

14. Family planning services. [PL 2005, c. 480, §3 (RP).]
22 M.R.S. § 1325 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1325
22 §1325. Violation
Status: in_force

A person who violates any section of this chapter or rules adopted pursuant to this chapter commits a Class E crime. In addition, other than for a violation covered under section 1316‑A , the department may, in accordance with Title 5, chapter 375, subchapter 4 , impose an administrative penalty not to exceed $500 for a violation of this chapter or rules adopted pursuant to this chapter. Each day a violation continues constitutes a separate offense. Violations existing within individual dwelling units are considered separate violations. An action commenced by the department to enforce any administrative penalty imposed under this section may be brought in the name of the State in the Superior Court in the county where the violation occurred or in Kennebec County and must be prosecuted by the Attorney General. The court shall award to the State all costs in bringing the enforcement action as well as reasonable interest on penalties not paid. This section does not limit the authority of the Department of Environmental Protection to seek penalties for violations under the authority of Title 38, section 349 . All penalties and awards collected under this section must be deposited in the Lead Poisoning Prevention Fund established under section 1322‑E . [PL 2015, c. 267, Pt. LLLL, §2 (AMD).]
22 M.R.S. § 2058 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2058
22 §2058. Conveyance of title to participating institutions
Status: in_force

When the principal of and interest on bonds of the authority issued to finance the cost of a particular project or projects for a participating health care facility, a participating institution for higher education or a participating institution providing an educational program, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions of the bonds, the authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating health care facility, participating institution for higher education or participating institution providing an educational program, free and clear of all liens and encumbrances, all to the extent that title to such project or projects is not, at the time, vested in such participating health care facility, participating institution for higher education or participating institution providing an educational program. [PL 2007, c. 354, §17 (AMD).]
22 M.R.S. § 8102 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8102
22 §8102. Rules
Status: in_force

1. Rules. The department shall adopt rules for the various levels of children's residential care facilities, including, but not limited to, facilities that are private nonmedical institutions, in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375 . Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The rules must be designed to protect the health, safety, well-being and development of children and must include, but are not limited to: A. The number and qualifications of staff; [PL 1981, c. 260, §4 (RPR).] B. Rights and responsibilities of parents, children and staff; [PL 1981, c. 260, §4 (RPR).] C. The nature, provision, documentation and management of programs of care or treatment; and [PL 1981, c. 260, §4 (RPR).] D. The physical environment. [PL 1981, c. 260, §4 (RPR).] [PL 2013, c. 179, §8 (AMD).]

2. Different classes. [PL 1981, c. 260, §4 (RP).]

3. Public hearing. [PL 1977, c. 694, §379 (RP).]