22 M.R.S. § 3022 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3022
22 §3022. Office of Chief Medical Examiner
Status: in_force

1. Appointment and qualifications of the Chief Medical Examiner. There is created, in the Department of the Attorney General, the Office of Chief Medical Examiner for the State. The Chief Medical Examiner is appointed by the Governor for a term of 7 years and until the Chief Medical Examiner's successor is appointed and qualified. The Chief Medical Examiner must possess a degree of doctor of medicine or doctor of osteopathy, be licensed to practice in the State and be expert in the specialty of forensic pathology. Expertise in the specialty of forensic pathology may be established either by certification in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology or by successful completion of an examination to test expertise in forensic pathology designed for the State by acknowledged experts in the field selected by the Governor. Any vacancy in the Office of Chief Medical Examiner must be filled by appointment by the Governor for a full term of 7 years. The Chief Medical Examiner may hire, subject to the Civil Service Law, necessary office and laboratory personnel to carry out the proper functioning of the Chief Medical Examiner's office. [PL 2001, c. 222, §1 (AMD).]

2. Appointment and qualifications of the Deputy Chief Medical Examiner. The Chief Medical Examiner may select one or more of the medical examiners to serve as deputy chief medical examiners. The Deputy Chief Medical Examiner serves at the pleasure of the Chief Medical Examiner and, if salaried, is unclassified. The salary of the Deputy Chief Medical Examiner must be set in accordance with Title 5, section 196 . In the event of the Deputy Chief Medical Examiner's temporary absence, the Chief Medical Examiner or, if the Chief Medical Examiner is unavailable, the Attorney General may designate one of the deputy chief medical examiners to serve as acting Chief Medical Examiner. The acting Chief Medical Examiner has all of the powers and responsibilities of the Chief Medical Examiner. [PL 2017, c. 284, Pt. DDD, §2 (AMD).]

2-A. Appointment of Director of Medical Examiner Operations. The Chief Medical Examiner may appoint a Director of Medical Examiner Operations, who shall serve at the pleasure of the Chief Medical Examiner. The Director of Medical Examiner Operations shall perform such duties as may be delegated by the Chief Medical Examiner. Notwithstanding any provision of law to the contrary, the compensation of the Director of Medical Examiner Operations must be fixed by the Chief Medical Examiner subject to approval by the Attorney General. [PL 2025, c. 13, §1 (AMD).]

3. Certification and completion of reports of deaths. The Office of Chief Medical Examiner is responsible for certification and completion of reports of deaths identified as medical examiner cases by section 3025 . This must be accomplished by examination of bodies and useful objects and by investigation and inquiry into the circumstances surrounding the deaths. The Office of Chief Medical Examiner may compile and preserve records and data relating to criminal prosecution, public health, public safety and vital statistics, as these relate to the Chief Medical Examiner's responsibilities. [RR 2021, c. 2, Pt. B, §149 (COR).]

4. Judgments of the medical examiners. Judgments of the medical examiners as to the identity of the deceased and the cause, manner, date, time and place of death shall be made with reasonable care based on a preponderance of the evidence. [PL 1987, c. 329, §2 (RPR).]

5. Custodian of records. The Chief Medical Examiner shall be the custodian of the records of the Office of Chief Medical Examiner. Copies of those records not declared confidential in subsection 8 shall be available upon written request. [PL 1987, c. 329, §2 (RPR).]

6. Certificate as evidence. Notwithstanding any other provision of law or rule of evidence, the certificate of the Chief Medical Examiner, under seal of the State, must be received in any court as prima facie evidence of any fact stated in the certificate or documents attached to the certificate. The certificate under the seal must be presumed to be that of the Chief Medical Examiner. A facsimile of the signature of the Chief Medical Examiner imprinted on any certificate described in this subsection has the same validity as the Chief Medical Examiner's written signature and is admissible in court. [RR 2021, c. 2, Pt. B, §150 (COR).]

7. Medical records provided. In any medical examiner case, upon oral or written request of the medical examiner, any individual, partnership, association, corporation, institution or governmental entity that has rendered treatment pertaining to the medical examiner case shall as soon as practicable provide the medical examiner with all medical records pertaining to the person and the treatment provided. No individual, partnership, association, corporation, institution, governmental entity or employee or agent of a governmental entity may be criminally or civilly responsible for furnishing any medical records in compliance with this subsection. [PL 1991, c. 723 (AMD).]

8. Certain information confidential. The following records are confidential: A. Medical records relating to a medical examiner case; [PL 2001, c. 221, §1 (NEW).] B. Law enforcement agency reports or records relating to a medical examiner case; [PL 2001, c. 221, §1 (NEW).] C. Communications with the Department of the Attorney General relating to a medical examiner case; [PL 2001, c. 221, §1 (NEW).] D. Communications with the office of a district attorney relating to a medical examiner case; [PL 2001, c. 221, §1 (NEW).] E. Death certificates and amendments made to the certificates, except for the information for which the medical examiner is responsible, as listed in section 2842, subsection 3 , and not ordered withheld by the Attorney General relating to a medical examiner case or missing person; [PL 2001, c. 221, §1 (NEW).] F. Photographs and transparencies, histological slides, videotapes and other like items relating to a medical examiner case; and [PL 2001, c. 221, §1 (NEW).] G. Written or otherwise recorded communications that express or are evidence of suicidal intent obtained under section 3028, subsections 4 and 5 . [PL 2001, c. 221, §1 (NEW).] [PL 2023, c. 637, §3 (AMD).]

9. Release of medical examiner's reports. [PL 2001, c. 221, §2 (RP).]

10. Cooperation with research requests. The Office of Chief Medical Examiner shall cooperate with research requests by supplying abstracted data to interested persons consistent with the available resources of the office. [PL 2001, c. 221, §3 (AMD).]

11. Written or recorded material expressing suicidal intent. [PL 2001, c. 221, §4 (RP).]

12. Access to or dissemination of confidential records. Except as specified in subsections 10 and 13 , access to or dissemination of records made confidential under subsection 8 is limited to: A. A criminal justice agency for the purpose of the administration of criminal or juvenile justice; [PL 2001, c. 221, §5 (NEW).] B. A person for whom the Chief Medical Examiner determines access is necessary or desirable to carry out a duty under this Act; [PL 2001, c. 221, §5 (NEW).] C. A person for whom the Chief Medical Examiner determines access is necessary or desirable to allow for the harvesting of a decedent's organs and other tissues; [PL 2001, c. 221, §5 (NEW).] D. A person when authorized or required under any state or federal law, rule or regulation; and [PL 2001, c. 221, §5 (NEW).] E. A person pursuant to a court order. [PL 2001, c. 221, §5 (NEW).] Access to or dissemination of records as provided under paragraphs A to C can be done as a matter of course by the Chief Medical Examiner unless the Attorney General directs otherwise. [PL 2001, c. 221, §5 (NEW).]

13. Access to certain information by certain persons. Unless a medical examiner case is under investigation by the Department of the Attorney General or the office of a district attorney and the Attorney General or the district attorney determines that there is a reasonable possibility that release or inspection interferes with a criminal investigation or prosecution by the disclosure: A. Items identified in subsection 8, paragraphs F and G may be inspected and copies obtained, upon payment of any required fee under section 3035 , by: (1) A next of kin of the deceased, as defined under section 2843‑A . The Chief Medical Examiner may provide the original of the items described in subsection 8, paragraph G to the next of kin or other person to whom that item is addressed or directed; (2) An insurer that may be responsible for payment of benefits as a result of a death if relevant to the payment obligation; (3) An attorney representing the estate of the decedent or the decedent's property if relevant to the representation; and (4) An attorney representing a person or a person's estate and exploring a possible civil action against the estate of the decedent if relevant to the representation; and [PL 2001, c. 221, §5 (NEW).] B. A person may inspect and obtain a copy of communications identified in subsection 8, paragraphs C and D , except work product as defined in Rule 16(a)(3) of the Maine Rules of Unified Criminal Procedure, as long as the communications would otherwise be open to inspection and release if in the possession or custody of the Department of the Attorney General or the office of a district attorney. [PL 2015, c. 431, §44 (AMD).] [PL 2015, c. 431, §44 (AMD).]

14. Access to report documents. Report documents, as defined in section 3035, subsection 2 , in the possession or custody of a medical examiner or the Office of Chief Medical Examiner constitute investigative information. Release and inspection are governed by Title 16, section 804 . Release and inspection are also contingent upon the person's request specifying a specific decedent or decedents and the payment of any required fee under section 3035. [PL 2017, c. 475, Pt. A, §34 (AMD).]

15. Testing for HIV. Notwithstanding Title 5, chapter 501 , the Chief Medical Examiner in a medical examiner case may test for the human immunodeficiency virus and may disclose the test result as authorized under subsection 12 . [PL 2001, c. 221, §5 (NEW).]

As used in subsections 10 , 12 , 13 and 14 , "person" means a natural person, including a public servant, or a corporation, partnership, unincorporated association or other legal entity, including a governmental unit. [PL 2001, c. 221, §6 (NEW).]
22 M.R.S. § 3173-B — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-B
22 §3173-B. Medically needy program; certain individuals in intermediate care facilities
Status: in_force

In determining what types of medical care shall be provided to "medically indigent" individuals, the department shall provide that medically necessary care in an intermediate care facility shall be included under the provisions of the medically needy program. [PL 1979, c. 127, §145 (RAL).]
22 M.R.S. § 8705-A — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8705-A
22 §8705-A. Enforcement
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2013, c. 528, §12) The board shall adopt rules to ensure that payors, providers, prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers file data as required by section 8704, subsection 1 ; that users that obtain health data and information from the organization safeguard the identification of patients and health care practitioners as required by section 8707, subsections 1 and 3 ; and that payors, providers, prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers pay all assessments as required by section 8706, subsection 2 . [PL 2019, c. 470, §3 (AMD).]

(TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12) The board shall adopt rules to ensure that payors, providers, prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers file data as required by section 8704, subsection 1 ; that users that obtain health data and information from the organization safeguard the identification of patients and health care practitioners as required by section 8714, subsections 2 , 3 and 4 ; and that payors, providers, prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers pay all assessments as required by section 8706, subsection 2 . [PL 2019, c. 470, §4 (AMD).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following definitions of "intentionally" and "knowingly" apply to this section. A. A person acts intentionally with respect to a result of that person's conduct when it is that person's conscious object to produce such a result. [PL 2003, c. 659, §2 (NEW).] B. A person acts knowingly with respect to a result of that person's conduct when the person is aware that it is practically certain that that person's conduct will cause such a result. [PL 2003, c. 659, §2 (NEW).] [PL 2003, c. 659, §2 (NEW).]

2. Rulemaking. The board shall adopt rules to implement this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . The rules may contain procedures for monitoring compliance with this chapter. Rules adopted pursuant to this subsection must include a schedule of fines for: A. Failure to file data; [PL 2003, c. 659, §2 (NEW).] B. Failure to pay assessments; and [PL 2003, c. 659, §2 (NEW).] C. Intentionally or knowingly and without authorization using or disseminating health care information that directly or indirectly identifies patients or health care practitioners performing abortions as defined in section 1596 . [PL 2003, c. 659, §2 (NEW).] [PL 2003, c. 659, §2 (NEW).]

3. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2013, c. 528, §12) Fines. The following provisions apply to enforcement actions under this section except for circumstances beyond a person's or entity's control. A. When a person or entity that is a health care facility, payor, prescription drug manufacturer, wholesale drug distributor or pharmacy benefits manager violates the requirements of this chapter, except for section 8707 , that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be adjudged. A fine imposed under this paragraph may not exceed $25,000 for any one occurrence. [PL 2019, c. 470, §5 (AMD).] B. A person or entity that receives data or information under the terms and conditions of section 8707 and intentionally or knowingly uses, sells or transfers the data in violation of the board's rules for commercial advantage, pecuniary gain, personal gain or malicious harm commits a civil violation for which a fine not to exceed $500,000 may be adjudged. [PL 2005, c. 565, §6 (AMD).] C. A person or entity not covered by paragraph A or B that violates the requirements of this chapter, except for section 8707 , commits a civil violation for which a fine of not more than $100 per day may be adjudged. A fine imposed under this paragraph may not exceed $2,500 for any one occurrence. [PL 2003, c. 659, §2 (NEW).] [PL 2019, c. 470, §5 (AMD).]

3. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12) Fines. The following provisions apply to enforcement actions under this section except for circumstances beyond a person's or entity's control. A. When a person or entity that is a health care facility, payor, prescription drug manufacturer, wholesale drug distributor or pharmacy benefits manager violates the requirements of this chapter, except for section 8714 , that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be adjudged. A fine imposed under this paragraph may not exceed $25,000 for any one occurrence. [PL 2019, c. 470, §6 (AMD).] B. A person or entity that receives data or information under the terms and conditions of section 8714 and intentionally or knowingly uses, sells or transfers the data in violation of the board's rules for commercial advantage, pecuniary gain, personal gain or malicious harm commits a civil violation for which a fine not to exceed $500,000 may be adjudged. [PL 2013, c. 528, §7 (AMD); PL 2013, c. 528, §12 (AFF).] C. A person or entity not covered by paragraph A or B that violates the requirements of this chapter, except for section 8714 , commits a civil violation for which a fine of not more than $100 per day may be adjudged. A fine imposed under this paragraph may not exceed $2,500 for any one occurrence. [PL 2013, c. 528, §7 (AMD); PL 2013, c. 528, §12 (AFF).] [PL 2019, c. 470, §6 (AMD).]

4. Enforcement action. Upon a finding that a person or entity has failed to comply with the requirements of this chapter, including the payment of a fine determined under this section, the board may undertake any or all of the following. A. The board may refer the matter to the department or board that issued a license to the provider for such action as the department or board considers appropriate. [PL 2003, c. 659, §2 (NEW).] B. The board may refer the matter to the Department of Professional and Financial Regulation, Bureau of Insurance for such action against the payor as the bureau considers appropriate. [PL 2003, c. 659, §2 (NEW).] C. The board may file a complaint with the Superior Court in the county in which the person resides or the entity is located or in Kennebec County seeking an order to require that person or entity to comply with the requirements of this chapter, seeking enforcement of a fine determined under this section or seeking other relief from the court. [PL 2003, c. 659, §2 (NEW).] [PL 2003, c. 659, §2 (NEW).]

5. Injunctive relief. In the event of any violation of this chapter or any rule adopted pursuant to this chapter, the Attorney General may seek to enjoin a further violation and seek any other appropriate remedy provided by this chapter. [PL 2003, c. 659, §2 (NEW).]

6. Exception. [PL 2009, c. 613, §7 (NEW); MRSA T. 22 §8705-A, sub-§6 (RP).]
22 M.R.S. § 1689 — ME Code / Title 22 / Subtitle 2 / Chapter 270-C / Section 1689
22 §1689. Program established
Status: in_force

The Maine Water Well Program, known in this chapter as "the program," is established to provide the public with the highest quality drinking water possible by ensuring that water wells are drilled, constructed, altered or abandoned in a manner that protects groundwater from contamination. [PL 2001, c. 209, Pt. A, §3 (AMD).]
22 M.R.S. § 2131 — ME Code / Title 22 / Subtitle 2 / Chapter 417 / Section 2131
22 §2131. Temporary nurse agencies
Status: in_force

1. Registration; renewal. A temporary nurse agency shall register with the department and renew the registration annually. In the event of a change of ownership, operation or location of the temporary nurse agency, the temporary nurse agency shall update the registration in accordance with rules adopted by the department. For purposes of this chapter, unless the context otherwise indicates, "temporary nurse agency" means a business entity or subdivision of a business entity that primarily provides or procures nurses, certified nursing assistants and other qualified staff to another organization on a temporary basis within this State. "Temporary nurse agency" includes an online platform or marketplace that advertises for and assists or facilitates placement of temporary nurses, certified nursing assistants or other qualified staffing in an organization within the State. "Temporary nurse agency" does not include an agency licensed in this State as a home health care services provider. [PL 2025, c. 346, §1 (AMD).]

1-A. Verifying certified nursing assistant eligibility. A health care institution, facility or organization, including a temporary nurse agency employing a certified nursing assistant, shall, before hiring a certified nursing assistant, verify that the certified nursing assistant is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under section 1812‑G with no annotations to prohibit the hiring of that individual according to state and federal regulations. [PL 2011, c. 257, §14 (AMD).]

1-B. Employee quality assurance. A temporary nurse agency shall ensure that each employee the agency assigns or refers to a health care facility for a position meets the state and federal qualification requirements for that position and has the appropriate work experience for that position. A temporary nurse agency shall use the Background Check Center, established in section 9052, for direct access workers, as defined in section 9053, subsection 14. A temporary nurse agency shall maintain a record for each employee that must include documented evidence of credentials and required immunizations and documentation of any orientation, in-service education and completion of training or an educational program required by law. On request, a temporary nurse agency shall make available a record described in this subsection to the department. On request by a health care facility and with justification according to rules adopted by the department, a temporary nurse agency shall provide a record described in this subsection for an employee of that health care facility to that health care facility. [PL 2025, c. 346, §2 (AMD).]

1-C. Predatory recruitment prohibited. A temporary nurse agency may not require, as a condition of employment, assignment or referral, that an employee of the temporary nurse agency or staff contracted to the temporary nurse agency recruit new employees for the temporary nurse agency from among the permanent employees of the health care facility to which the temporary nurse agency employees or contracted staff have been assigned or referred. [PL 2023, c. 434, §3 (NEW).]

1-D. Annual reporting. A temporary nurse agency shall provide an annual report to the department that includes: A. The number of total employees placed, the health care settings into which they were placed, the average duration of the placements and the state of licensure for those employees; [PL 2023, c. 434, §4 (NEW).] B. The total and average amounts charged during each quarter of the reporting period to a health care facility for each category of health care employee providing services to the health care facility; [PL 2023, c. 434, §4 (NEW).] C. The total and average amounts of wages paid during each quarter of the reporting period to health care employees for each category of health care employee; [PL 2023, c. 434, §4 (NEW).] D. The total and average amounts of stipends paid during each quarter of the reporting period to health care employees for each category of health care employee; [PL 2023, c. 434, §4 (NEW).] E. Documentation showing that the temporary nurse agency has documentation that each employee contracted to a health care facility during the reporting period had a current, unrestricted license or certification in good standing and met the training and continuing education standards required by state and federal law for the position with the health care facility throughout the entirety of the reporting period; and [PL 2023, c. 434, §4 (NEW).] F. Documentation showing that the temporary nurse agency has documentation that each employee contracted to a health care facility had successfully completed all background checks required by federal and state law relating to the health care position and health care facility in which the employee was placed during the reporting period. [PL 2023, c. 434, §4 (NEW).] [PL 2023, c. 434, §4 (NEW).]

2. Exception. [PL 2023, c. 434, §5 (RP).]

3. Fee. The initial and annual fee for registration is $1,000. [PL 2023, c. 434, §6 (AMD).]

4. Penalty. The following penalties apply to violations of this chapter. A. A person who operates a temporary nurse agency without registering or who fails to verify the inclusion of a certified nursing assistant on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under section 1812‑G before hiring that certified nursing assistant pursuant to subsection 1‑A commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation. [PL 2011, c. 257, §15 (AMD).] B. A person who operates a temporary nurse agency in violation of the employment prohibitions in section 2138 commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation. [PL 2009, c. 621, §3 (NEW).] C. The department may impose a fine of not less than $500 and not more than $10,000 for each violation of this chapter on a person or business entity who operates a temporary nurse agency and who fails to: (1) Meet the documentation requirements or make available to the department a record described in subsection 1‑B; or (2) Provide an annual report that includes the documentation required by subsection 1-D. [RR 2023, c. 2, Pt. A, §29 (COR).] D. The department may enter into a consent agreement with an applicant or registrant to resolve any matter arising under this chapter, chapter 417‑A, chapter 1691 or a rule adopted by the department without further proceedings. A consent agreement may be entered into pursuant to this paragraph only with the consent of the applicant or registrant, the department and the Office of the Attorney General. Any remedy, penalty or fine that is otherwise available by law, even if only in the jurisdiction of the courts of this State, may be achieved by a consent agreement entered into pursuant to this paragraph. [PL 2025, c. 346, §3 (NEW).] [PL 2025, c. 346, §3 (AMD).]

4-A. Unfair trade practice. A person or business entity that operates a temporary nurse agency and fails to meet the requirements of this section violates the Maine Unfair Trade Practices Act. [PL 2023, c. 434, §8 (NEW).]

5. Rules. The department may adopt rules necessary 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 2009, c. 621, §4 (NEW).]
22 M.R.S. § 3971 — ME Code / Title 22 / Subtitle 3 / Chapter 1069 / Section 3971
22 §3971. Survivors of Military Sexual Trauma Fund and Program
Status: in_force

1. Fund established; purpose. The Survivors of Military Sexual Trauma Fund, referred to in this section as "the fund," is established within the department. The fund may receive money from any available state, federal or private source. The fund may not lapse but must be carried forward to carry out the purposes of this section. [PL 2025, c. 368, §4 (NEW).]

2. Program established; purpose. The Survivors of Military Sexual Trauma Program, referred to in this section as "the program," is established within the department to assist organizations in the State that provide housing and support services for unhoused veterans and their children and for survivors of military sexual trauma. [PL 2025, c. 368, §4 (NEW).]

3. Uses of fund. The fund may be used to support the program. [PL 2025, c. 368, §4 (NEW).]
22 M.R.S. § 813 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 813
22 §813. Review
Status: in_force

1. Treatment orders. If the department determines that it is necessary to continue a treatment order issued pursuant to section 812, subsection 1, paragraphs A to E , it shall petition the District Court which ordered the disposition for review of the original order. The court shall hold a hearing in accordance with section 811 and if the court finds that a public health threat would continue in the absence of a public health measure, it shall make additional orders that it deems necessary, provided that no treatment order exceeds 180 days in duration without further review by the court. [PL 1989, c. 487, §11 (NEW).]

2. Commitment orders. If the department determines that it is necessary to continue a commitment order issued pursuant to section 812, subsection 1, paragraph F , beyond the original 30 days, it shall petition the District Court which ordered the disposition for review of the original order. The court shall hold a hearing in accordance with section 811 and if the court finds that a public health threat would continue in the absence of a public health measure and that commitment is the least restrictive measure necessary to effectively protect the public health, it shall make such additional orders as it deems necessary, provided that no order of commitment exceeds 90 days without further review by the court. The committed patient may request the appointment of a medical review board. Upon motion of the patient, the committing court shall appoint a medical review board to determine whether the patient's medical status permits termination of the commitment. The medical review board shall consist of 3 physicians appointed by the court who shall have training and experience in the treatment of the communicable disease. Upon the request of the patient, the court shall appoint as one member of the board a physician who has training and experience in the treatment of communicable diseases who is selected by the patient. Upon receipt of the findings of the medical review board and any other evidence, the court, after a hearing pursuant to this subsection, may continue or terminate the commitment. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 1404 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1404
22 §1404. Cancer-incidence registry
Status: in_force

The Department of Health and Human Services shall establish, maintain and operate a statewide cancer-incidence registry. [PL 1981, c. 507, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1812-F — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-F
22 §1812-F. Nursing homes; staffing for social services and patient activities
Status: in_force

1. Minimum hours. The department shall approve at least the following number of hours for the following services in nursing homes. A. The department shall approve at least 1/2 hour per patient per week for social services. [PL 1991, c. 327 (NEW).] B. The department shall approve at least 20 hours per week in nursing homes of up to 30 beds, at least 30 hours per week in nursing homes of 31 to 60 beds and at least 40 hours per week in nursing homes of 61 beds or more for patient activities. [PL 1991, c. 327 (NEW).] [PL 1991, c. 327 (NEW).]

2. Transfer of hours. The department shall approve the transfer of previously approved nonnursing hours to social service or patient activity hours if the transfer does not increase the nursing home's per diem rate. [PL 1991, c. 327 (NEW).]
22 M.R.S. § 4099-F — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-F
22 §4099-F. Data collection
Status: in_force

The department shall collect data from its licensed organizations and agencies to ensure that appropriate and high-quality services are being delivered to homeless youth, youth at risk of homelessness and runaways and shall use the data to monitor the success of the contracts and programs as well as changes in the rates of homelessness among youth in the State. [PL 2009, c. 155, §2 (NEW).]
22 M.R.S. § 2423-C — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2423-C
22 §2423-C. Authorized conduct
Status: in_force

Notwithstanding chapter 262‑A , a person may provide a caregiver or a registered dispensary with cannabis paraphernalia for purposes of a qualifying patient's medical use of cannabis in accordance with this chapter. A person may be in the presence or vicinity of the medical use of cannabis as allowed under this chapter. [PL 2023, c. 6, §5 (AMD).]
22 M.R.S. § 3943 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3943
22 §3943. Definitions
Status: in_force

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 359, §5 (NEW).]

1. Active efforts. "Active efforts" means affirmative, active, thorough and timely efforts tailored to the facts and circumstances of the case and intended primarily to maintain or reunite an Indian child with that child's family. When an agency is involved in the Indian child custody proceeding, active efforts must include assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and should be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians and tribe. Active efforts may include: A. Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal; [PL 2023, c. 359, §5 (NEW).] B. Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services; [PL 2023, c. 359, §5 (NEW).] C. Identifying, notifying and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning and resolution of placement issues; [PL 2023, c. 359, §5 (NEW).] D. Conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents; [PL 2023, c. 359, §5 (NEW).] E. Offering and implementing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe; [PL 2023, c. 359, §5 (NEW).] F. Taking steps to keep siblings together whenever possible; [PL 2023, c. 359, §5 (NEW).] G. Supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety and welfare of the child; [PL 2023, c. 359, §5 (NEW).] H. Identifying community resources including housing, financial, transportation, mental health, substance abuse and peer support services and actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources; [PL 2023, c. 359, §5 (NEW).] I. Monitoring progress and participation in services; [PL 2023, c. 359, §5 (NEW).] J. Considering alternative ways to address the needs of the Indian child's parents and, when appropriate, the family, if the optimum services do not exist or are not available; and [PL 2023, c. 359, §5 (NEW).] K. Providing post-reunification services and monitoring. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

2. Adoptive placement. "Adoptive placement" means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. [PL 2023, c. 359, §5 (NEW).]

3. Domicile. "Domicile" means: A. For a parent or Indian custodian, the place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere; and [PL 2023, c. 359, §5 (NEW).] B. For an Indian child, the domicile of the Indian child's parents or Indian custodian or guardian or, in the case of an Indian child whose parents are not married to each other, the domicile of the Indian child's custodial parent. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

4. Emergency proceeding. "Emergency proceeding" means a court action that involves the emergency removal or emergency placement of an Indian child, including those pursuant to section 4034 or Title 18‑C, Article 5 . "Emergency proceeding" does not include a court action involving an emergency award of custody of the Indian child to one of the parents including, but not limited to, an emergency parental rights and responsibilities order or a protection from abuse proceeding. [PL 2023, c. 359, §5 (NEW).]

5. Extended family member. "Extended family member" means a person who is defined as a member of an Indian child's extended family by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached 18 years of age and who is the Indian child's grandparent, aunt or uncle, sibling, sibling-in-law, niece or nephew, first or second cousin or stepparent. [PL 2023, c. 359, §5 (NEW).]

6. Foster care placement. "Foster care placement" means the removal of an Indian child from the home of the child's parent or Indian custodian for temporary placement in a foster home, qualified residential treatment program, residential care center for Indian children and youth, or shelter care facility, in the home of a relative other than a parent or Indian custodian, or in the home of a guardian or conservator, from which placement the parent or Indian custodian cannot have the child returned upon demand. "Foster care placement" does not include an adoptive placement, a preadoptive placement, an emergency removal or the detention of an Indian child. [PL 2023, c. 359, §5 (NEW).]

7. Indian. "Indian" means a person who is a member or citizen of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in 43 United States Code, Section 1606. Only an Indian tribe may determine its membership or citizenship, including eligibility for membership or citizenship. [PL 2023, c. 359, §5 (NEW).]

8. Indian child. "Indian child" means an unmarried person who is under 18 years of age and is a member or citizen of an Indian tribe or is eligible for membership in or citizenship of an Indian tribe and is the biological child of a member or citizen of an Indian tribe. [PL 2023, c. 359, §5 (NEW).]

9. Indian child custody proceeding. "Indian child custody proceeding" means a proceeding, other than an emergency proceeding, that may culminate in any of the following outcomes for or related to an Indian child: A. Adoptive placement; [PL 2023, c. 359, §5 (NEW).] B. Foster care placement; [PL 2023, c. 359, §5 (NEW).] C. Preadoptive placement; or [PL 2023, c. 359, §5 (NEW).] D. Termination of parental rights. [PL 2023, c. 359, §5 (NEW).] An Indian child custody proceeding does not include a proceeding in tribal court or a proceeding that may culminate in an outcome for which placement is based upon an act by an Indian child that, if committed by an adult, would be considered a crime or a proceeding involving an award of custody to one of the Indian child's parents, including, but not limited to, a divorce proceeding, a parental rights and responsibilities proceeding, a judicial separation proceeding, a protection from abuse proceeding or other domestic relations proceeding. [PL 2023, c. 359, §5 (NEW).]

10. Indian child's tribe. "Indian child's tribe" means the Indian tribe in which an Indian child is a member or citizen, or eligible for membership or citizenship. In cases in which a child meets the definition of "Indian child" through more than one Indian tribe, the Indian tribes must be given an opportunity to agree on which tribe is the Indian tribe for purposes of this Act. If the Indian tribes are not able to come to an agreement, the court shall designate the Indian child's tribe for purposes of this Act based on which Indian tribe has more significant contacts with the Indian child. [PL 2023, c. 359, §5 (NEW).]

11. Indian custodian. "Indian custodian" means an Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of the Indian child. [PL 2023, c. 359, §5 (NEW).]

12. Indian organization. "Indian organization" means a group, association, partnership, corporation or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. [PL 2023, c. 359, §5 (NEW).]

13. Indian tribe. "Indian tribe" means an Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including an Alaska Native village as defined in 43 United States Code, Section 1602(c). [PL 2023, c. 359, §5 (NEW).]

14. Involuntary Indian child custody proceeding. "Involuntary Indian child custody proceeding" means an Indian child custody proceeding or emergency proceeding in which: A. The parent or Indian custodian does not consent of that parent's or Indian custodian's free will to the foster care placement, preadoptive placement, adoptive placement or termination of parental rights of or to an Indian child; or [PL 2023, c. 359, §5 (NEW).] B. The parent or Indian custodian consents to the foster care placement, preadoptive placement or adoptive placement under threat of removal of the Indian child by a state court or agency. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

15. Parent. "Parent" means a biological parent or parents of an Indian child or an Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. "Parent" does not include an unwed father when paternity has not been acknowledged or established. [PL 2023, c. 359, §5 (NEW).]

16. Preadoptive placement. "Preadoptive placement" means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but before or in lieu of adoptive placement. [PL 2023, c. 359, §5 (NEW).]

17. Qualified expert witness. "Qualified expert witness" means a person who meets the requirements of section 3954. [PL 2023, c. 359, §5 (NEW).]

18. Reservation. "Reservation" means Indian country, as defined in 18 United States Code, Section 1151, or any land not covered under that section to which title is either held by the United States in trust for the benefit of an Indian tribe or Indian or held by an Indian tribe or Indian, subject to a restriction by the United States against alienation. [PL 2023, c. 359, §5 (NEW).]

19. Termination of parental rights. "Termination of parental rights" means an action resulting in the termination of the parent-child relationship. [PL 2023, c. 359, §5 (NEW).]

20. Tribal court. "Tribal court" means a court of an Indian tribe with jurisdiction over Indian child custody proceedings, including a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of an Indian tribe that is vested with authority over Indian child custody proceedings. [PL 2023, c. 359, §5 (NEW).]

21. Voluntary proceeding. "Voluntary proceeding" means an Indian child custody proceeding or emergency proceeding in which a parent or Indian custodian consents, of that person's free will and without the threat of removal by a state agency, to: A. The foster care placement, preadoptive placement or adoptive placement of an Indian child; or [PL 2023, c. 359, §5 (NEW).] B. The termination of parental rights to an Indian child. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 2429-B — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2429-B
22 §2429-B. Signs, advertising and marketing
Status: in_force

1. Prohibitions. Signs, advertising and marketing used by or on behalf of a registered caregiver or dispensary may not: A. Be misleading, deceptive or false; [PL 2017, c. 452, §18 (NEW).] B. Involve mass-market advertising or marketing campaigns that have a high likelihood of reaching persons under 21 years of age or that are specifically designed to appeal particularly to persons under 21 years of age; [PL 2017, c. 452, §18 (NEW).] C. Be placed or otherwise used within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality chooses to prohibit the placement or use of signs or advertising by or on behalf of a registered caregiver or dispensary at distances greater than or less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that greater or lesser distance applies; [PL 2017, c. 452, §18 (NEW).] D. Violate any other requirement or restriction on signs, advertising and marketing imposed by the department by rule pursuant to subsection 2 ; or [PL 2017, c. 452, §18 (NEW).] E. Market to any person authorized to possess cannabis plants or harvested cannabis under this chapter and specifically to any adult use or recreational cannabis market within the same sign, advertisement or marketing material. [PL 2019, c. 331, §29 (AMD); PL 2021, c. 669, §5 (REV).] [PL 2019, c. 331, §29 (AMD); PL 2021, c. 669, §5 (REV).]

2. Rules on signs, advertising and marketing. The department shall adopt rules regarding the placement and use of signs, advertising and marketing by or on behalf of a registered caregiver or dispensary, which may include, but are not limited to: A. A prohibition on health or physical benefit claims in advertising or marketing, including, but not limited to, health or physical benefit claims on the label or packaging of harvested cannabis, except that advertising, marketing, labeling or packaging may contain qualifying patients' testimonials of how cannabis for medical use has provided palliative or therapeutic effects for the patients' conditions. All testimonials must contain the following disclaimer: "This statement has not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease"; [PL 2023, c. 679, Pt. A, §18 (AMD).] B. A prohibition on unsolicited advertising or marketing on the Internet, including, but not limited to, banner advertisements on mass-market websites; [PL 2017, c. 452, §18 (NEW).] C. A prohibition on opt-in advertising or marketing that does not permit an easy and permanent opt-out feature; and [PL 2017, c. 452, §18 (NEW).] D. A prohibition on advertising or marketing directed toward location-based devices unless such marketing includes a permanent and easy opt-out feature and the owner of the device is 21 years of age or older. [PL 2021, c. 367, §15 (AMD).] [PL 2023, c. 679, Pt. A, §18 (AMD).]
22 M.R.S. § 8109 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8109
22 §8109. Fees and terms for licenses (REALLOCATED FROM TITLE 22, SECTION 8108)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 8108)

License fees and terms for children's residential care facilities are governed by this section. [RR 2015, c. 1, §23 (RAL).]

1. Provisional license. The application fee for a provisional license for a children's residential care facility may not be less than $100 nor more than $280. The term of a provisional license is for one year. [RR 2015, c. 1, §23 (RAL).]

2. Full license. The application fee for a full license for a children's residential care facility may not be less than $100 nor more than $280. The term of a full license is for 2 years. [RR 2015, c. 1, §23 (RAL).]

3. Fee for biennial renewal of a full license. The fee for the biennial renewal of a full license for a children's residential care facility may not be less than $70 nor more than $170. [RR 2015, c. 1, §23 (RAL).]

4. Fee to add a service site to a license. The processing fee to add a service site to an issued license for a children's residential care facility may not be less than $35 nor more than $70. [RR 2015, c. 1, §23 (RAL).]

5. Fee to add a service to a license. The processing fee to add a service to an issued license for a children's residential care facility may not be less than $70 nor more than $140. [RR 2015, c. 1, §23 (RAL).]

6. Fee to replace a license. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license. [RR 2015, c. 1, §23 (RAL).]

7. Transaction fee for electronic renewal of license. The transaction fee for the electronic renewal of a license for a children's residential care facility may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service. [RR 2015, c. 1, §23 (RAL).]

8. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2015, c. 1, §23 (RAL).]
22 M.R.S. § 4320 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4320
22 §4320. Liens on real estate
Status: in_force

A municipality or the State may claim a lien against the owner of real estate for the amount of money spent by it to provide mortgage payments on behalf of an eligible person under this chapter on any real estate that is the subject of a mortgage, whether land or buildings or a combination thereof. In addition, a municipality may claim a lien against the owner of real estate for the amount of money spent by it to make capital improvements to the real estate, whether land or buildings or a combination of land and buildings, on behalf of an eligible person under this chapter. [PL 1991, c. 528, Pt. OOO, §5 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. OOO, §5 (AMD).]

The municipal officers, their designee or the State shall file a notice of the lien with the register of deeds of the county wherein the property is located within 30 days of making a mortgage payment or, if applicable, payment for capital improvements. That filing secures the municipality or State's lien interest for an amount equal to the sum of that mortgage or capital improvement payment and all subsequent mortgage or capital improvement payments made on behalf of the same eligible person. Not less than 10 days prior to the filing, the municipal officers, their designee or the State shall send notification of the proposed action by certified mail, return receipt requested, to the owner of the real estate and any record holder of the mortgage. The lien notification must clearly inform the recipient of the limitations upon enforcement contained in this section; it shall also contain the title, address and telephone number of the municipal official who granted the assistance. A new written notice including these provisions must be given to the recipient each time the amount secured by the lien is increased. The lien is effective until enforced by an action for equitable relief or until discharged. [PL 1991, c. 528, Pt. OOO, §6 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. OOO, §6 (AMD).]

Interest on the amount of money secured by the lien may be charged by the State or a municipality, but in no event may the rate exceed the maximum rate of interest allowed by the Treasurer of State, pursuant to Title 36, section 186 . For the State, the rate of interest shall be established by the department. For a municipality, the rate of interest shall be established by the municipal officers. Interest shall accrue from and including the date the lien is filed. [PL 1983, c. 697, §3 (RPR).]

The costs of securing and enforcing the lien may be recoverable upon enforcement. [PL 1983, c. 697, §3 (RPR).]

No lien may be enforced under this section while the person named in the lien is either currently receiving any form of public assistance or, as a result of enforcement, would become eligible for general assistance. [PL 1983, c. 697, §3 (RPR).]

In no event may the lien be enforced prior to the death of the recipient of general assistance or the transfer of the property. [PL 1983, c. 697, §3 (NEW).]
22 M.R.S. § 1555-D — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-D
22 §1555-D. Illegal delivery of tobacco products
Status: in_force

A person may not knowingly transport or cause to be delivered to a person in this State a tobacco product purchased from a person who is not licensed as a tobacco retailer in this State, except that this provision does not apply to the transportation or delivery of tobacco products to a licensed tobacco distributor or tobacco retailer. [PL 2009, c. 398, §4 (AMD); PL 2009, c. 398, §6 (AFF).]

1. Lists. [PL 2011, c. 524, §1 (RP).]

2. Penalty. The following penalties apply for violation of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $50 nor more than $1500 may be adjudged for each violation. A fine imposed under this paragraph may not be suspended. [PL 2003, c. 444, §2 (NEW).] B. An employer of a person who, while working and within the scope of that person's employment, violates this section commits a civil violation for which a fine of not less than $50 nor more than $1,500 may be adjudged for each violation. A fine imposed under this paragraph may not be suspended. [PL 2003, c. 444, §2 (NEW).] [PL 2003, c. 444, §2 (NEW).]

3. Enforcement. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation of this section is a violation of the Maine Unfair Trade Practices Act. [PL 2003, c. 444, §2 (NEW).]

4. Affirmative defense. It is an affirmative defense to a prosecution under this section that a person who transported tobacco products or caused tobacco products to be delivered reasonably relied on licensing information provided by the Attorney General under this section. [PL 2003, c. 444, §2 (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 2003, c. 444, §2 (NEW).]

6. Forfeiture. Any tobacco product sold or attempted to be sold in a delivery sale that does not meet the requirements of this section is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title 36, section 4372‑A . [PL 2003, c. 444, §2 (NEW).]
22 M.R.S. § 9063 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9063
22 §9063. Administrative penalties
Status: in_force

1. Licensing actions. The penalties and fines described in this chapter do not limit the State's licensing authority to pursue an adverse action against an employer who fails to comply with or who commits a civil violation described in this chapter. [PL 2015, c. 299, §25 (NEW).]

2. Licensing penalties. An employer's failure to comply with the requirements of this chapter may be subject to the following administrative penalties in addition to any other remedies authorized by law: A. Denial of a license or certification or registration needed to provide services to protected individuals; [PL 2015, c. 299, §25 (NEW).] B. Termination or revocation of the license or certification or registration relied upon to provide services to protected individuals; and [PL 2015, c. 299, §25 (NEW).] C. Revocation of rate agreements or service contracts with the State relevant to services authorized by the license or certification. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 2012 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2012
22 §2012. Purpose
Status: in_force

The proper operation of medical laboratories within the State is a matter of vital concern, since they provide essential health services by aiding medical practitioners in the diagnosis and treatment of disease. It is the purpose of this Act to develop, establish and enforce minimum standards for the licensure of medical laboratories and to provide for qualifications for the director of such laboratories. This Act shall be liberally construed to carry out these objectives and purposes. [PL 1981, c. 66, §1 (AMD).]
22-A M.R.S. § 215 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 215
22-A §215. State wards
Status: in_force

When a state ward becomes 18 years of age and the state ward and the department agree that need for care and support for educational, social or physical reasons exists, the department is authorized to continue care and support of this person up to 21 years of age. [PL 2007, c. 539, Pt. N, §54 (NEW).]

When a state ward who is enrolled in a postsecondary education program becomes 21 years of age prior to the completion of the postsecondary education program, the department is authorized, at its discretion and by agreement with that state ward, to continue providing support for room, board and related education expenses until the state ward becomes 23 years of age. Funds allocated under this section must come from an identified education and training account specifically established for the postsecondary education-related costs of state wards after they become 21 years of age and before they become 23 years of age. [PL 2007, c. 539, Pt. N, §54 (NEW).]
22 M.R.S. § 4092 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4092
22 §4092. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1989, c. 483, Pt. A, §34 (NEW).]

1. Case plan prescription. "Case plan prescription" means a plan developed by the family support team. [PL 1989, c. 483, Pt. A, §34 (NEW).]

1-A. Council. [PL 1995, c. 233, Pt. B, §2 (RP).]

2. Family support team. "Family support team" means a specialized team of professionals evaluating children who are suspected victims of child abuse and neglect as defined in section 4002, subsection 1 . Evaluations shall include a family diagnosis and recommendations for treatment and follow-up. [PL 1989, c. 483, Pt. A, §34 (NEW).]

3. Protocols. "Protocols" means procedures developed for the interaction of the suspected child abuse and neglect committee and family support team. [PL 1989, c. 483, Pt. A, §34 (NEW).]

4. Suspected child abuse and neglect committee. "Suspected child abuse and neglect committee" means a committee representing public and private community agencies, hospital departments and the department which are directly involved in providing services to suspected victims of child abuse and the victims' families. [PL 1989, c. 483, Pt. A, §34 (NEW).]
22 M.R.S. § 2653 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2653
22 §2653. Authorization of fluoridation; general provisions
Status: in_force

1. Requirement for authorization. No public water system may add any fluoride to any water supply without first having been authorized to do so by the affected single or multiple community water district served by it. Any public water system duly authorized to add fluoride to any water supply shall do so within 9 months after being notified in accordance with this section. The municipal clerk shall, within 10 days after the vote, notify the public water system of the vote favoring or not favoring the addition of fluoride to the public water supply. [PL 1983, c. 463, §4 (NEW).]

2. Form of question. Any time the issue of whether to fluoridate a public water supply is submitted to voters, the question shall be phrased as follows: "Shall fluoride be added to the public water supply for the intended purpose of reducing tooth decay?" [PL 1983, c. 463, §4 (NEW).]

3. Prohibition. Whenever a single community water district has approved fluoridation, it may not again vote on the matter for a minimum period of 2 years from the date of installation of fluoride. Whenever a single community water district has disapproved fluoride, it may not vote again on the matter for a minimum period of 2 years. Whenever a multiple community water district has approved fluoridation, it may not vote again on the matter until the first general election after 2 years from the date of installation of fluoride. Whenever a multiple community water district disapproves fluoride, it may not vote again on the matter until the next general election. [PL 1983, c. 463, §4 (NEW).]

4. Authorization not required. The authorization required by subsection 1 shall not apply to any public water supply which receives or purchases less than 50% of its total annual water supply from another public water supply authorized to add fluoride to its water supply. [PL 1987, c. 122, §2 (NEW).]
22 M.R.S. § 5324 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5324
22 §5324. Community action agencies
Status: in_force

1. Designation. Community action agencies must be designated by the division to carry out the purposes of this chapter. In making these designations, the division shall solicit and consider comments from other state agencies or authorities that operate programs in which community action agencies participate. These designations are for 7 years. [PL 1995, c. 502, Pt. D, §14 (AMD).]

2. Designation withdrawn. The division may withdraw its designation of a community action agency after an evaluation in which the agency has demonstrated substantial incompetency and a clear inability to carry out the purposes of this chapter, unless there is or has been financial malfeasance, which may be cause for immediate withdrawal of designation. In performing these evaluations, the division shall solicit and consider comments from other state agencies or authorities that operate programs in which the community action agency participates. The division shall notify an agency of a pending withdrawal of designation. Upon notification, the agency has up to 6 months to take corrective action, at which time a designation withdrawal evaluation must be performed by the division. Failure to pass this evaluation means immediate loss of designation. Upon the final order from the division that rescinds a community action agency's designation, the community action agency may file a petition for review of this final decision in the appropriate Superior Court within 30 days under the Maine Rules of Civil Procedure, Rule 80B. [PL 1995, c. 502, Pt. D, §14 (AMD).]

3. Community action agencies. Community action agencies have the power and duty to: A. Develop information regarding the causes and conditions of poverty in the service area; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] B. Determine how much and how effectively assistance is being provided to deal with those causes and conditions; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] C. Establish priorities among projects, activities and areas as needed for the best and most efficient use of available resources; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] D. Develop, administer and operate programs to reduce poverty with particular emphasis on self-help approaches and programs to promote economic opportunities through affirmative action; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] E. Initiate, sponsor and provide programs and services responsive to the needs of the poor that are not otherwise being met; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] F. Promote interagency cooperation and coordination of all services and activities in the service area that are related to the purposes of this chapter; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] G. Establish effective procedures by which the poor and other concerned area residents may influence the character of programs affecting their interests, provide for their regular participation in the implementation of those programs and provide technical and other support needed to enable low-income and neighborhood groups to secure on their own behalf available assistance from public and private sources; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] H. Join with and encourage business, labor and other private groups and organizations to undertake, together with private officials and agencies, activities in support of the purposes of this chapter that will result in the increased use of private resources and capabilities in providing social and economic opportunities to low-income citizens; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] I. Enter into contracts with federal, state and local public agencies and private agencies and organizations, businesses and individuals as necessary to carry out the purposes of this chapter; and [PL 1991, c. 780, Pt. DDD, §14 (NEW).] J. Receive funds from federal, state and local public and private sources as appropriate to carry out the purposes of this chapter. [PL 1991, c. 780, Pt. DDD, §14 (NEW).] [PL 1991, c. 780, Pt. DDD, §14 (NEW).]
22 M.R.S. § 3173-F — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-F
22 §3173-F. Charging or increasing premiums
Status: in_force

1. Premiums. The department may apply to the federal Centers for Medicare and Medicaid Services for a waiver or amend a pending or current waiver under the Medicaid program authorizing the department to impose cost sharing on some or all persons eligible for MaineCare under the Katie Beckett option authorized by the federal Tax Equity and Fiscal Responsibility Act of 1982. Premiums must be implemented on a sliding scale. The department must consult with stakeholders prior to implementing changes under this section and comply with applicable federal requirements regarding public participation in the development of the Katie Beckett waiver policy. [PL 2005, c. 633, §1 (AMD).]

2. Rules. The department shall adopt rules providing for sanctions when complete, timely payment of premiums has not been made and providing grace periods applicable to such late or incomplete payments and allowing waiver of premiums for good cause. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 20, Pt. K, §9 (NEW).]

3. Copayments. The department may request, as part of the waiver request under subsection 1 , permission to charge members copayments above those allowed in current federal regulation and statute. [PL 2003, c. 20, Pt. K, §9 (NEW).]
22 M.R.S. § 1862 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1862
22 §1862. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 473 (NEW).]

1. Disallowed expenditure. "Disallowed expenditure" means an amount paid to any person for those acts or services rendered, which result in: A. The commission of an unfair labor practice or prohibited practice as determined by: (1) The National Labor Relations Board pursuant to the United States Code, Title 29, Section 158; (2) The Maine Labor Relations Board pursuant to Title 26, chapter 7 , 9 , 9‑A or 9‑B ; or (3) A court of competent jurisdiction pursuant to Title 26, section 911 ; and [PL 1983, c. 473 (NEW).] B. Influencing employees respecting unionization, when costs for these activities are disallowed for reimbursement pursuant to Medicare law and regulation. [PL 1983, c. 473 (NEW).] [PL 1983, c. 473 (NEW).]

2. Health care institution. "Health care institution" means any person, partnership, association or corporation, including county or local government unit, required to obtain a license pursuant to chapter 405 . [PL 1983, c. 473 (NEW).]

3. Person. "Person" means any person, partnership, association or corporation engaged or employed by a health care institution. [PL 1983, c. 473 (NEW).]

4. Proportional share. "Proportional share" means the revenue received from the State during the previous 12 months, divided by the sum of revenue received from the State, 3rd party payors and patients during the corresponding 12 months. [PL 1983, c. 473 (NEW).]
22-A M.R.S. § 203 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 203
22-A §203. Programs and services of department
Status: in_force

The department shall, as appropriate to the individual and family and as permitted by the availability of funds, provide programs and services as specified in this section and otherwise by law. [PL 2003, c. 689, Pt. A, §1 (NEW).]

1. Programs and services for adults, children and families. The department shall provide adults, children and families with the following programs and services: A. Economic assistance and employment support services; [PL 2003, c. 689, Pt. A, §1 (NEW).] B. Mental health and behavioral health services; [PL 2003, c. 689, Pt. A, §1 (NEW).] C. Developmental disability services; [PL 2011, c. 542, Pt. A, §50 (AMD).] D. Physical health services; [PL 2003, c. 689, Pt. A, §1 (NEW).] E. Public health services; and [PL 2003, c. 689, Pt. A, §1 (NEW).] F. Substance use disorder prevention, treatment and recovery services. [PL 2019, c. 524, §17 (AMD).] [PL 2019, c. 524, §17 (AMD).]

2. Additional programs and services for children and families. The department shall provide children and families with additional programs and services to assist them in meeting their needs, including, but not limited to: A. Child welfare services; [PL 2003, c. 689, Pt. A, §1 (NEW).] B. Head Start and child care services; [PL 2003, c. 689, Pt. A, §1 (NEW).] C. Maternal and child health services, including home visiting programs; [PL 2003, c. 689, Pt. A, §1 (NEW).] D. Paternity establishment and child support enforcement services; [PL 2023, c. 675, §7 (AMD).] E. Residential and long-term care services for children with disabilities; and [PL 2023, c. 675, §7 (AMD).] F. Injury and violence prevention programs, including data collection, synthesis and evaluation. [PL 2023, c. 675, §7 (NEW).] [PL 2023, c. 675, §7 (AMD).]

3. Additional programs and services for adults. The department shall provide adults, including the elderly and persons with disabilities, with additional programs and services to assist them in meeting their needs, including, but not limited to: A. Adult protective services; and [PL 2003, c. 689, Pt. A, §1 (NEW).] B. Long-term care services for the elderly and adults with disabilities. [PL 2003, c. 689, Pt. A, §1 (NEW).] [PL 2003, c. 689, Pt. A, §1 (NEW).]

4. Delivery of programs and services. The department shall deliver programs and services through a coordinated and efficient administrative structure and an integrated delivery system that focuses on meeting the needs of individuals and families. The department shall use a combination of public personnel and contracts with private agencies to deliver programs and services. [PL 2003, c. 689, Pt. A, §1 (NEW).]

5. Pilot projects. The department shall develop pilot projects and demonstration projects required by law, and shall apply for any authorization necessary to undertake such projects. [PL 2017, c. 184, §1 (NEW).]
22 M.R.S. § 2660-S — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-S
22 §2660-S. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 230, §3 (NEW).]

1. Private drinking water well. "Private drinking water well" has the same meaning as in Title 38, section 1392, subsection 8 . [PL 2017, c. 230, §3 (NEW).]
22 M.R.S. § 809 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 809
22 §809. Examination
Status: in_force

If, based on epidemiologic evidence or medical evaluation, the department finds probable cause to believe that an individual has a communicable disease and that the individual is unwilling to submit to a physical examination, which may include x-ray studies or other diagnostic studies, as requested by the department, or that the individual refuses to make the results of that examination available to the department, the department may petition the District Court of the district in which the individual resides or is found for an order directing that examination, or the release of the results, under conditions to prevent the conveyance of the disease or infectious agent to other individuals. The petition shall be accompanied by an affidavit or affidavits based upon the investigation of the department supporting the allegations in the petition. [PL 1989, c. 487, §11 (NEW).]

If, following a hearing as provided in section 811 , the District Court finds by a preponderance of the evidence that there is probable cause to believe that an individual has a communicable disease, and that the individual has willfully refused the department's request, the District Court shall order the examination of the individual. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 2846 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2846
22 §2846. Authorized person
Status: in_force

For the purposes of this chapter, "authorized person," in the context of responsibility for obtaining or filing a permit or certificate, means a member of the immediate family of the deceased, the domestic partner of the deceased, a person authorized in writing by a member of the immediate family of the deceased if no member of the immediate family of the deceased wishes to assume the responsibility or by the domestic partner of the deceased if the domestic partner does not wish to assume the responsibility or, in the absence of immediate family or a known domestic partner, a person authorized in writing by the deceased. [PL 2021, c. 567, §21 (AMD).]

For the purposes of this chapter, "nurse practitioner" means an advanced practice registered nurse who is a certified nurse practitioner authorized to practice without the supervision of a physician pursuant to Title 32, chapter 31 . [PL 2005, c. 359, §5 (NEW).]

For the purposes of this chapter, "health care provider" means a physician, a nurse practitioner or a physician associate. [PL 2007, c. 56, §5 (AMD); PL 2025, c. 316, §3 (REV).]

For the purposes of this chapter, "physician associate" means a person who has graduated from a physician associate or surgeon assistant program accredited by the American Medical Association Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs or its successor and who has passed the certifying examination administered by the National Commission on Certification of Physician Assistants or its successor. [PL 2007, c. 56, §6 (NEW); PL 2025, c. 316, §3 (REV).]
22 M.R.S. § 2157 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2157
22 §2157. Misbranded food
Status: in_force

A food shall be deemed to be misbranded:

1. False or misleading label. If its labeling is false or misleading in any particular;

2. Sale under another name. If it is offered for sale under the name of another food or under a name not permitted by Title 12, section 6112 , for products containing or consisting of surimi; [PL 1985, c. 622, §3 (AMD).]

3. Imitation of another food. If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter the name of the food imitated;

4. Misleading container. If its container is so made, formed or filled as to be misleading;

5. Label for package form. If in package form, unless it bears a label containing: A. The name and place of business of or sufficient information to identify the manufacturer, packer or distributor; B. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner;

6. Statements on label placed conspicuously. If any word, statement or other information, required by or under authority of this subchapter to appear on the label or labeling, is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

7. Conformity with prescribed definition and standard. If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by section 2154 , unless it conforms to such definition and standard, and, in so far as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food;

8. Quality below standard. If it purports to be or is represented as: A. A food for which a standard of quality has been prescribed by regulations as provided by section 2154 and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standards; or B. A food for which a standard or fill of container has been prescribed by regulations as provided by section 2154 , and it falls below the standard or fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

9. Name of food and ingredients. If it is not subject to subsection 7 , unless it bears labeling clearly giving: A. The common or usual name of the food, if any there be, and B. In case it is fabricated from 2 or more ingredients, the common or usual name of each such ingredient, except that spices, flavoring and colorings, other than those sold as such, may be designated as spices, flavoring and colorings without naming each. To the extent that compliance with the requirements of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Commissioner of Agriculture, Conservation and Forestry. The requirements of this paragraph shall not apply to a carbonated beverage, the ingredients of which have been fully and correctly disclosed in an affidavit subscribed and sworn to by the manufacturer or bottler thereof and filed with the commissioner; [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).] [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

10. Dietary properties. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the Commissioner of Agriculture, Conservation and Forestry determines to be, and by regulation prescribed as necessary in order to fully inform purchasers as to its value for such uses; [PL 1985, c. 676, §1 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

11. Artificial flavoring and coloring. If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating the fact. If the artificial flavoring and artificial coloring declaration does not refer to the entire contents of the package, the words "artificial flavoring" and "artificial coloring" must follow immediately each of the ingredients of the package containing one or more of these substances. The common or usual name of any chemical preservative must be immediately followed by the words "chemical preservation." To the extent that compliance with the requirements of this subsection is impracticable, exemptions must be established by rules adopted by the Commissioner of Agriculture, Conservation and Forestry. This subsection, and subsections 7 and 9 , with respect to artificial coloring, do not apply in the case of butter, cheese or ice cream; [PL 2019, c. 528, §7 (AMD).]

12. Sulfite. [PL 1985, c. 676, §3 (NEW); MRSA T. 22 §2157, sub-§12 (RP).]

13. Monosodium glutamate, MSG. If a person sells, offers for sale or serves in any retail store, hotel, restaurant or other public eating place any food or food product, whether or not in package form, to which that person has added monosodium glutamate directly in crystal form, unless: A. The package in which that food or food product is offered for sale conspicuously bears a label or stamp indicating that the food or food product contains monosodium glutamate; [PL 1989, c. 115 (NEW).] B. When the food or food product is offered for consumption and is not packaged, a conspicuous label or sign is placed on the food, immediately next to the food, immediately next to the food's listing on the menu, or in an open manner where the food order or food product is obtained, indicating that the food or food product contains monosodium glutamate; or [PL 1989, c. 115 (NEW).] C. There is a conspicuously displayed directory to which customers can refer for information on the contents of unpackaged products offered for sale; [PL 2019, c. 528, §8 (AMD).] [PL 2019, c. 528, §8 (AMD).]

14. Post-harvest treatments. If it is fresh produce that is sold or offered for sale at a retail outlet, whether or not it is packaged or in a container, and has been treated with a post-harvest treatment, without meeting the requirements in paragraphs A to C . For purposes of this section, "post-harvest treatment" means a treatment added or applied to fresh produce after harvest and identified by rule as a post-harvest treatment and waxes that contain one or more post-harvest treatments. A. The owner or manager of a retail outlet shall ensure that one conspicuous sign is displayed that reads: "Produce in this store may have been treated after harvest with one or more post-harvest treatments." [PL 1991, c. 506, §5 (AMD).] B. The owner or manager of a retail outlet shall ensure that information identifying the specific post-harvest treatments used, and the specific items of produce that were treated, is available to the public within 48 hours of a request. [PL 1989, c. 339, §§1, 2 (NEW).] C. The owner or manager of a retail outlet shall ensure that produce without post-harvest treatment, as determined by the commissioner, is identified by a sign contiguous to the specific produce; [RR 2019, c. 1, Pt. A, §21 (COR).] [RR 2019, c. 1, Pt. A, §21 (COR).]

15. Hemp or cannabidiol derived from hemp. If it contains hemp or cannabidiol derived from hemp unless: A. The package in which the food, food additive or food product is offered for sale conspicuously bears a label or stamp that: (1) Indicates that the food, food additive or food product contains hemp or cannabidiol derived from hemp; (2) Describes the cannabidiol content by weight or volume; (3) Includes the source of the hemp from which the cannabidiol was derived; (4) In the case of extracts or tinctures, indicates the batch number; and (5) Includes a disclosure statement that the food, food additive or food product has not been tested or evaluated for safety; or [PL 2019, c. 528, §10 (NEW).] B. In the case of food, food additives or food products sold, offered for sale or served for consumption unpackaged: (1) A conspicuous label or sign indicating that the food, food additive or food product contains cannabidiol is placed on or immediately next to the food, food additive or food product or immediately next to the food's listing on the menu or in an open manner where the food order or food product is served; and (2) The retail store, hotel, restaurant or other public eating place conspicuously displays a directory for use by customers that contains information on the contents of all unpackaged products sold, offered for sale or served that contain cannabidiol derived from hemp. [PL 2019, c. 528, §10 (NEW).] For the purposes of this subsection, "hemp" has the same meaning as in Title 7, section 2231, subsection 1‑A, paragraph D ; [PL 2023, c. 74, §1 (AMD).] Revisor's Note: (Subsection 15 as enacted by PL 2019, c. 455, §1 is REALLOCATED TO TITLE 22, SECTION 2157, SUBSECTION 16)

16. (REALLOCATED FROM T. 22, §2157, sub-§15) Mislabeling poultry and meat. If it is poultry, a poultry product, meat or a meat product offered for sale, sold or distributed within the State and labeled or advertised as "Maine-raised" or by a similar designation unless the poultry or animal was raised in Maine. A determination that poultry, a poultry product, meat or a meat product is misbranded may be waived by the commissioner upon application if the commissioner finds a waiver warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the in-state poultry producer or meat producer and the availability of poultry processing facilities or meat processing facilities in the State. For purposes of this subsection, "raised in Maine" means: A. For poultry and poultry products, that the poultry was raised solely in the State from no later than the 7th day after hatching and processed solely in the State; and [PL 2019, c. 455, §1 (NEW); RR 2019, c. 1, Pt. A, §22 (RAL).] B. For meat and meat products, that the animal was born, raised and processed solely in the State. [PL 2019, c. 455, §1 (NEW); RR 2019, c. 1, Pt. A, §22 (RAL).] As used in this subsection, "poultry," "poultry product," "meat" and "meat product" have the same meanings as in section 2511 ; or [PL 2023, c. 74, §2 (AMD).]

17. Grass-fed claims. If a person sells, offers for sale or distributes within the State or sells, offers for sale or serves in any retail food establishment or eating establishment as defined in section 2491, subsection 7 any meat or meat product as defined in section 2511 labeled or advertised as "grass‑fed" or by similar designation unless the ruminant animal was grass‑fed. For purposes of this subsection, the following terms have the following meanings. A. "Acceptable additional feed" means hay, haylage, baleage, silage, crop residue without grain and other sources of roughage as well as routine mineral and vitamin supplementation. [PL 2023, c. 74, §3 (NEW).] B. "Forage" means annual or perennial grasses, forbs and other browse. "Forage" also includes cereal grain crops in the vegetative stage of growth. [PL 2023, c. 74, §3 (NEW).] C. "Grass-fed" means, with respect to meat or a meat product, that the ruminant animal from which the meat was derived: (1) Consumed only forage and acceptable additional feed during its lifetime with the exception of milk consumed prior to its weaning; and (2) Had continuous access to pasture during each growing season until slaughter. [PL 2023, c. 74, §3 (NEW).] A determination that meat or a meat product is misbranded may be waived by the commissioner upon application if the commissioner finds a waiver warranted due to inadvertent exposure of the animal to nonforage feedstuffs or because incidental supplementation with nonforage feedstuffs was necessary to ensure the well‑being of the animal during adverse environmental or physical conditions. [PL 2023, c. 74, §3 (NEW).]
22 M.R.S. § 7403 — ME Code / Title 22 / Subtitle 5 / Chapter 1627 / Section 7403
22 §7403. Rebasing
Status: in_force

Except as otherwise provided, the department shall rebase reimbursement rates for the MaineCare program and other state-funded program reimbursement rates described in section 7402 at least every 5 years. Rebasing must be based on the most recent cost report filings available or provider cost surveys or other market data when cost reports are not available. The department may provide a mechanism for subsequent adjustments to base year costs to reflect any differences it determines are material between as-filed cost reports used in rebasing and subsequent determinations of audited, allowable costs for the same fiscal period. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
22 M.R.S. § 568 — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 568
22 §568. Health and Environmental Testing Laboratory Special Revenue Account
Status: in_force

The Health and Environmental Testing Laboratory Special Revenue Account is established as a dedicated account for the operation of the laboratory's analytical and certification programs and may be known in this chapter as the "account." Funds deposited to the account include, but are not limited to, appropriations made to the account, funds transferred to the account from within the department and revenues received from analytical services and the certification or accreditation of laboratories. [PL 1999, c. 62, §4 (AMD).]
22 M.R.S. § 3028 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3028
22 §3028. Investigation; autopsy
Status: in_force

1. Authority to conduct investigation. The medical examiner or medicolegal death investigator has authority to conduct an investigation and inquiry into the cause, manner and circumstances of death in a medical examiner case. The medical examiner or medicolegal death investigator shall, if it is determined necessary, immediately proceed to the scene and, subject to the authority of the Attorney General, assume custody of the body for the purposes of the investigation, and shall retain custody until the investigation has been completed or until the Chief Medical Examiner has assumed charge of the case. [PL 2013, c. 113, §4 (AMD).]

2. Investigation by law enforcement officer. When death is not suspected to be the result of physical injury attributable to criminal conduct, the medical examiner may elect not to proceed to the scene, or the Chief Medical Examiner may elect not to dispatch a medical examiner or medicolegal death investigator to the scene. If the medical examiner elects not to proceed to the scene, or the Chief Medical Examiner elects not to dispatch a medical examiner or medicolegal death investigator to the scene, the law enforcement officer in charge of the scene shall: A. Investigate, take photographs and take possession of useful objects as directed by the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner pursuant to subsection 4 ; [PL 2013, c. 113, §5 (AMD).] B. [PL 2001, c. 291, §2 (RP).] C. Remove the body in accordance with the instructions of the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner; and [PL 2013, c. 113, §5 (AMD).] D. Make a report of the investigation available to the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner. [PL 2013, c. 113, §5 (AMD).] [PL 2013, c. 113, §5 (AMD).]

3. Assistance of law enforcement agency. The medical examiner, the medicolegal death investigator or the pathologist as described in subsection 8 may request the assistance and use of the facilities of the law enforcement agency having jurisdiction over the case for the purposes of photographing, fingerprinting or otherwise identifying the body. That agency shall provide the medical examiner, medicolegal death investigator or pathologist with a written report of the steps taken in providing the assistance. [PL 2013, c. 113, §6 (AMD).]

4. Possession of useful objects. Except as otherwise directed by the Attorney General, the Attorney General's deputies or assistants, the medical examiner, the medicolegal death investigator or the Office of Chief Medical Examiner may direct that a law enforcement officer at the scene make measurements, take photographs and take possession of all objects that in the opinion of the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner may be useful in establishing the cause, manner and circumstances of death. For these same purposes, the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner may direct that a law enforcement officer take possession of any objects or specimens that have been removed from the victim at the scene or elsewhere while under medical care. [PL 2013, c. 113, §7 (AMD).]

5. Requests for objects. Any person having possession of any object or objects, as described in subsection 4 , shall at the request of the medical examiner or medicolegal death investigator give that object or objects to a law enforcement officer, to the medical examiner, to the medicolegal death investigator or to the Office of Chief Medical Examiner. Medical personnel and institutions turning over any objects or specimens that have been removed from the victim while under medical care are immune from civil or criminal liability when complying with this subsection. Original written or recorded material that might express suicidal intent must be sent to the Office of Chief Medical Examiner. The Chief Medical Examiner may elect to accept copies in place of originals. [PL 2017, c. 475, Pt. A, §36 (AMD).]

6. Examination of body. In all cases, the medical examiner or medicolegal death investigator shall conduct a thorough examination of the body except in those cases when the body has already been disposed of and is not being exhumed or when the Chief Medical Examiner or Deputy Chief Medical Examiner determines, after review of available records and known circumstances, that the report of the death of the decedent may be certified and completed without examining the body. [PL 2013, c. 113, §9 (AMD).]

7. Written report. Upon completing an investigation, the medical examiner or medicolegal death investigator shall submit a written report of the investigator's findings to the Chief Medical Examiner on forms provided for that purpose. The investigator shall retain one copy of the report. If an investigator reports suspected abuse, neglect or exploitation to the Chief Medical Examiner, the Chief Medical Examiner, by reporting that information to the department on behalf of the investigator, fulfills the medical examiner's mandatory reporting requirement under section 3477 or 4011‑A . [PL 2013, c. 113, §10 (AMD).]

8. Autopsy. If, in any medical examiner case, in the opinion of the medical examiner, the Chief Medical Examiner, the district attorney for the district in which the death has occurred or the Attorney General, it is advisable and in the public interest that an autopsy be made, the autopsy must be conducted by the Chief Medical Examiner or by a physician that the medical examiner, with the approval of the Chief Medical Examiner, may designate. The medical examiner, with the approval of the Chief Medical Examiner, may elect to perform the autopsy. The person who performs the autopsy shall make a complete report of the findings of the autopsy and shall transmit the report to the medical examiner and the Office of Chief Medical Examiner, retaining one copy of the report. [PL 1991, c. 339, §4 (AMD).]

9. Autopsy of child. In the case of a child under the age of 3 years, when death occurs without medical attendance or, if attended, without a specific natural cause, the medical examiner shall order an autopsy. The autopsy may be waived by the Chief Medical Examiner, as long as the Chief Medical Examiner includes the reason for the waiver in the record. [PL 2001, c. 222, §9 (AMD).]

10. Chief Medical Examiner; jurisdiction. The Chief Medical Examiner may assume jurisdiction over a medical examiner case and may recertify the death when the Chief Medical Examiner finds that it is in the public interest to do so. The Chief Medical Examiner shall include the reasons for so doing in the record. [PL 2001, c. 222, §9 (AMD).]

11. Final release of body. In any medical examiner case the body shall not be finally released for embalming or burial except by order of the medical examiner in charge of the case, or by the Chief Medical Examiner. No medical examiner may release a body without first ensuring that the case has been reported to the Office of Chief Medical Examiner. [PL 1985, c. 611, §7 (AMD).]

12. Report to domestic abuse panel. If the Chief Medical Examiner determines that a death resulted from criminal conduct and that the victim was pregnant at the time of death, the Chief Medical Examiner shall send a copy of any report prepared under this section to the Domestic Abuse Homicide Review Panel created pursuant to Title 19‑A, section 4115 . [PL 2021, c. 647, Pt. B, §49 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
22 M.R.S. § 672 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 672
22 §672. Purpose
Status: in_force

It is the purpose of this Act to effectuate the policies set forth in section 671 by providing for: [PL 1983, c. 345, §§13, 14 (NEW).]

1. Public health and safety. A program of effective regulation of sources of radiation for the protection of the public health and safety; [PL 1983, c. 345, §§13, 14 (NEW).]

2. Orderly regulatory program. A program to promote an orderly regulatory pattern within the State, among the states and between the Federal Government and the State, and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation so that duplication of regulation may be minimized; [PL 1983, c. 345, §§13, 14 (NEW).]

3. Assumption of responsibilities. A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source and special nuclear materials and radiation-generating equipment; and [PL 1983, c. 345, §§13, 14 (NEW).]

4. Use of sources. A program to permit utilization of sources of radiation consistent with the health and safety of the public. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 263 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 263
22 §263. Fees for services provided to municipalities
Status: in_force

The department shall adopt rules to charge fees for services provided to municipalities by the Maine Center for Disease Control and Prevention pertaining to health data and vital statistics, including but not limited to fees for services, paper and supplies. The department shall review fees charged under this section every 3 years beginning in 2013. Rules adopted pursuant to this section are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 589, §1 (NEW).]
22 M.R.S. § 345 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 345
22 §345. Division of project to evade cost limitation prohibited
Status: in_force

A health care facility or other party required to obtain a certificate of need may not separate portions of a single project into components, including, but not limited to, site facility and equipment, to evade the cost limitations or other requirements of section 329 . [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 3296 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3296
22 §3296. Penalty for violations
Status: in_force

Any person who violates this chapter is subject to the applicable penalty as provided in chapters 958‑A and 1071 . [PL 1999, c. 363, §1 (AMD).]
22 M.R.S. § 7404 — ME Code / Title 22 / Subtitle 5 / Chapter 1627 / Section 7404
22 §7404. Rulemaking
Status: in_force

The department shall adopt rules to implement the requirements of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
22 M.R.S. § 1592 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1592
22 §1592. Discrimination for refusal
Status: in_force

A person, hospital, health care facility, firm, association, corporation or educational institution, directly or indirectly, may not discriminate against a physician, nurse or other person by refusing or withholding employment from or denying admittance, when that physician, nurse or other person refuses to perform or assist in the performance of an abortion, nor may that refusal constitute grounds for loss of any privileges or immunities to which that physician, nurse or other person would otherwise be entitled. [PL 2023, c. 405, Pt. A, §50 (AMD).]
22 M.R.S. § 4005-D — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4005-D
22 §4005-D. Access to and participating in proceedings
Status: in_force

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Foster parent" means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom a child lives pursuant to a court order or agreement of the department. [PL 2007, c. 255, §2 (AMD).] B. "Grandparent," in addition to the meaning set forth in section 4002, subsection 5‑C , includes a parent of a child's parent whose parental rights have been terminated, but only until the child is placed for adoption. [PL 2017, c. 411, §8 (AMD).] C. "Interested person" means a person the court has determined as having a substantial relationship with a child or a substantial interest in the child's well-being, based on the type, strength and duration of the relationship or interest. A person may request interested person status in a child protection proceeding either orally or in writing. [PL 2001, c. 696, §16 (NEW).] D. "Intervenor" means a person who is granted intervenor status in a child protective proceeding pursuant to the Maine Rules of Civil Procedure, Rule 24, as long as intervention is consistent with section 4003 . [PL 2001, c. 696, §16 (NEW).] E. "Participant" means a person who is designated as an interested person under paragraph C and who demonstrates to the court that designation as a participant is in the best interests of the child and consistent with section 4003 . A person may request participant status in a child protection proceeding either orally or in writing. [PL 2001, c. 696, §16 (NEW).] [PL 2017, c. 411, §8 (AMD).]

2. Interested persons. Upon request, the court shall designate a foster parent, grandparent, preadoptive parent or a relative of a child as an interested person unless the court finds good cause not to do so. The court may also grant interested person status to other individuals who have a significant relationship to the child, including, but not limited to, teachers, coaches, counselors or a person who has provided or is providing care for the child. [PL 2017, c. 411, §9 (AMD).]

3. Access to proceedings. An interested person, participant or intervenor may attend and observe all court proceedings under this chapter unless the court finds good cause to exclude the person. The opportunity to attend court proceedings does not include the right to be heard or the right to present or cross-examine witnesses, present evidence or have access to pleadings or records. [PL 2001, c. 696, §16 (NEW).]

3-A. Maine Commission on Public Defense Services; access to proceedings. The executive director of the Maine Commission on Public Defense Services established by Title 5, section 12004‑G, subsection 25‑A , or the executive director's designee, is authorized to attend and observe all court proceedings under this chapter for any purpose related to assigning, evaluating or supervising counsel, unless the court makes written findings that specific factors unique to the particular proceeding make it inappropriate for the executive director or the executive director's designee to attend all or a part of the proceeding. If the court denies the executive director or the executive director's designee access to the proceeding as provided in this subsection, the court shall order that a copy of a recording of the proceeding or of a transcript of the proceeding be provided to the executive director of the commission at no charge. The court may not grant the commission, the executive director or the executive director's designee intervenor status or the right to be heard solely on the basis of attendance by the executive director or the executive director's designee at a court proceeding under the authority granted in this subsection. [PL 2023, c. 638, §24 (NEW).]

4. Right to be heard. A participant or an intervenor has the right to be heard in any court proceeding under this chapter. The right to be heard does not include the right to present or cross-examine witnesses, present evidence or have access to pleadings or records. [PL 2001, c. 696, §16 (NEW).]

5. Intervention. An intervenor may participate in any court proceeding under this chapter as a party as provided by the court when granting intervenor status under Maine Rules of Civil Procedure, Rule 24. An intervenor has the rights of a party as ordered by the court in granting intervenor status, including the right to present or cross-examine witnesses, present evidence and have access to pleadings and records. [PL 2001, c. 696, §16 (NEW).]

6. Foster parents, preadoptive parents and relatives providing care. The foster parent of a child, if any, and any preadoptive parent or relative providing care for the child must be provided notice of and the right to be heard in any proceeding to be held with respect to the child. The right to be heard includes the right to testify but does not include the right to present other witnesses or evidence, to attend any other portion of the proceeding or to have access to pleadings or records. This subsection may not be construed to require that any foster parent, preadoptive parent or relative providing care for the child be made a party to the proceeding solely on the basis of the notice and right to be heard. The foster parent of a child, if any, and any preadoptive parent or relative providing care for the child may attend a proceeding in its entirety under this subsection unless specifically excluded by decision of the presiding judge. [PL 2007, c. 255, §3 (AMD).]

7. Confidentiality and disclosure limitations. Interested persons, participants and intervenors are subject to the confidentiality and disclosure limitations of section 4008 . [PL 2001, c. 696, §16 (NEW).]
22 M.R.S. § 7860 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7860
22 §7860. Shared staffing
Status: in_force

The department shall permit shared staffing within multi-level health care facilities as long as there is a clear, documented audit trail and the staffing in the residential care facilities remains adequate to meet the needs of residents. Staffing to be shared may be based on the average number of hours used per week or month within the assisted housing facility. For the purposes of this section, "shared staffing" means the use of licensed and unlicensed personnel who are employed, directly or under a contract, by a multi-level health care facility in more than one level of care provided by a single entity. [PL 2023, c. 176, §31 (AMD).]
22 M.R.S. § 333 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 333
22 §333. Procedures after voluntary nursing facility reductions
Status: reserved

1. Procedures. A nursing facility that voluntarily reduces the number of its licensed beds at any time prior to July 1, 2007, for any reason except to create private rooms may convert the beds back and thereby increase the number of nursing facility beds to no more than the previously licensed number of nursing facility beds, after obtaining a certificate of need in accordance with this section, as long as the nursing facility has been in continuous operation without material change of ownership. For purposes of this section and sections 333‑A and 334‑A , beds voluntarily removed from service prior to July 1, 2007 and available to be reinstated under this section are referred to as "reserved beds." Reserved beds remain facility property until they lapse as provided for in this section or are transferred. To reinstate reserved beds under this subsection, the nursing facility must: A. Give notice of the number of beds it is reserving no later than 30 days after the effective date of the license reduction; [PL 2007, c. 440, §8 (AMD).] A-1. Annually provide notice to the department no later than July 1st of each year of the nursing facility's intent to retain these reserved beds, subject to the limitations set forth in subsection 2, paragraph B . Notice provided under this paragraph preserves the reserved beds through June 30th of the following year. The annual notice on reserved beds may be filed by an individual nursing facility or by multiple nursing facilities through a membership organization approved by the department by a single filing; and [PL 2011, c. 648, §2 (AMD).] B. Obtain a certificate of need to convert beds back under section 335 , except that, if no construction is required for the conversion of beds back, the application must be processed in accordance with subsection 2 . The department in its review shall evaluate the impact that the nursing facility beds to be converted back would have on those existing nursing facility beds and facilities within 30 miles of the applicant's facility and shall determine whether to approve the request based on current certificate of need criteria and methodology. [PL 2011, c. 424, Pt. B, §3 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] [PL 2011, c. 648, §2 (AMD).]

2. Expedited review. Except as provided in subsection 1, paragraph B , an application for a certificate of need to reopen beds reserved in accordance with this section must be processed on an expedited basis in accordance with rules adopted by the department providing for shortened review time and for a public hearing if requested by a person directly affected by a review. The department shall consider and decide upon these applications as follows: A. Review of applications that meet the requirements of this section must be based on the requirements of section 335, subsection 7 , except that the determinations required by section 335, subsection 7, paragraph B must be based on the historical costs of operating the beds and must consider whether the projected costs are consistent with the costs of the beds prior to closure, adjusted for inflation; and [PL 2001, c. 664, §2 (NEW).] B. If the nursing facility fails to provide the annual notices required by subsection 1, paragraph B , the nursing facility's ability to convert beds back under this section lapses, and the beds must be treated as lapsed beds for purposes of this section and sections 333‑A and 334‑A . [PL 2011, c. 424, Pt. B, §4 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] [PL 2011, c. 648, §3 (AMD).]

3. Effect on other review proceedings. Lapsed beds may not be treated as available nursing facility beds for the purpose of evaluating need under section 335 . Reserved beds must be counted as available nursing facility beds for the purpose of evaluating need under section 335 only if: A. The nursing facility retains the ability to convert the reserved beds back to nursing facility use under the terms of this section; [PL 2007, c. 440, §10 (NEW).] B. The nursing facility having the reserved beds is located within a reasonable distance of the population projected to be served by the project under review; and [PL 2007, c. 440, §10 (NEW).] C. The nursing facility having the reserved beds is willing to convert them to meet a need identified in that project review. The department shall inquire of facilities having reserved beds in the area of the State to be served by a proposed project before determining whether reserved beds will be counted as available. [PL 2007, c. 440, §10 (NEW).] [PL 2007, c. 440, §10 (RPR).]

4. Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 383, §7 (AMD).]
22 M.R.S. § 6209 — ME Code / Title 22 / Subtitle 4 / Chapter 1505 / Section 6209
22 §6209. Funds
Status: in_force

1. Distribution. The department shall disburse funds, pursuant to this Subtitle, in a manner that ensures, to the extent practicable, equitable distribution of services among adults with long-term care needs and the various regions of the State. [PL 1989, c. 347, §12 (NEW).]

2. Fee scale. The department shall develop, wherever practicable, sliding fee scales for adult day care services provided pursuant to this Subtitle. [PL 1989, c. 347, §12 (NEW).]
22 M.R.S. § 2841-A — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2841-A
22 §2841-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 676, §9 (NEW).]

1. Natural organic reduction. "Natural organic reduction" means the contained accelerated conversion of human remains to soil. [PL 2023, c. 676, §9 (NEW).]

2. Natural organic reduction facility. "Natural organic reduction facility" means a building or structure or a room or other space in a building or structure or real property where natural organic reduction is facilitated and occurs. [PL 2023, c. 676, §9 (NEW).]
22 M.R.S. § 754 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 754
22 §754. Liability -- Article IV
Status: in_force

Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid. [PL 1967, c. 226 (NEW).]

No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. [PL 1967, c. 226 (NEW).]

All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a 3rd state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state. [PL 1967, c. 226 (NEW).]

Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of officers, employees and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. [PL 1967, c. 226 (NEW).]

Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 565-A — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 565-A
22 §565-A. Coordination with State Radiation Control Agency
Status: in_force

The Health and Environmental Testing Laboratory shall provide laboratory services for environmental testing and analysis as necessary to implement the radiation protection services of the department conducted pursuant to section 680, subsection 2, paragraph D . [PL 2005, c. 254, Pt. B, §1 (AMD).]
22 M.R.S. § 6108 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6108
22 §6108. Administration of priority social services for Maine's elderly
Status: in_force

The Department of Health and Human Services or its successors is designated as the organizational unit of State Government with sole responsibility for administrating, subject to the direction of the commissioner, so much of the Priority Social Services Program as relates directly to older people, such as, but not limited to, these types of social services: meals for older people, transportation for older people and health and home care needs for the elderly. [PL 2011, c. 657, Pt. BB, §12 (AMD).]

Regarding priority social services for older people, the department has the powers and duty to: [PL 2011, c. 657, Pt. BB, §12 (AMD).]

1. Administer priority social services. Administer priority social services in accordance with the intent, objectives and purposes of this Part and has, in any respects that relate to these priority social services, the powers and duties set forth in section 5310 ; and [PL 2011, c. 657, Pt. BB, §12 (AMD).]

2. Action to ensure consistency of priority social services. Prepare, adopt, amend, rescind and administer policies, priorities, procedures and rules. The department and the Department of Administrative and Financial Services, Bureau of Human Resources, respectively, shall take, pertaining to their own policies, priorities, procedures and rules, such action as is necessary to ensure that such items pertinent to priority social services are consistent. [PL 2011, c. 657, Pt. BB, §12 (AMD).]
22 M.R.S. § 3487 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3487
22 §3487. Adoption of standards
Status: in_force

The department shall adopt standards and other procedures and guidelines with forms to insure the effective implementation of this chapter. [PL 1981, c. 527, §2 (NEW).]
22 M.R.S. § 8623 — ME Code / Title 22 / Subtitle 6 / Chapter 1681 / Section 8623
22 §8623. Rules
Status: in_force

The department shall adopt rules in accordance with Title 5, chapter 375 that specify the requirements for licensure under this chapter. The rules must require, but are not limited to, the following provisions. [PL 1993, c. 692, §1 (NEW).]

1. Mission statement. A hospice program must have a clear mission statement that is consistent with hospice philosophy adopted by the council. [PL 1993, c. 692, §1 (NEW).]

2. Discreet entity. A hospice program must be a discreet entity with at least the following features: A. A governing body; [PL 1993, c. 692, §1 (NEW).] B. A program director; [PL 1993, c. 692, §1 (NEW).] C. An interdisciplinary team; [PL 1993, c. 692, §1 (NEW).] D. Volunteers; and [PL 1993, c. 692, §1 (NEW).] E. A medical director. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

3. Clients. A hospice program may provide services to any person who consents to receive those services. [PL 1993, c. 692, §1 (NEW).]

4. Services. Hospice services must be delivered in accordance with a care plan approved by the interdisciplinary team, regardless of whether the hospice services are provided by hospice program staff or by contractors. The care plan must provide for 24-hours-a-day, 7-days-a-week services. The care plan must be reviewed periodically by the interdisciplinary team and revised as needed. The interdisciplinary team must consider the need for at least the following services when developing the care plan: A. Social services; [PL 1993, c. 692, §1 (NEW).] B. Nursing care; [PL 1993, c. 692, §1 (NEW).] C. Counseling; [PL 1993, c. 692, §1 (NEW).] D. Pastoral care; [PL 1993, c. 692, §1 (NEW).] E. Volunteer visits to provide comfort, companionship and respite; [PL 1993, c. 692, §1 (NEW).] F. Bereavement services for at least one year after the death of the person who is terminally ill; and [PL 1993, c. 692, §1 (NEW).] G. Medical services. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

5. Nursing. Nursing services provided by a hospice program must be provided in accordance with a care plan and must be under the direction and supervision of a nurse supervisor. The nurse supervisor shall: A. Develop nursing objectives, policies and procedures consistent with hospice philosophy; [PL 1993, c. 692, §1 (NEW).] B. Develop job descriptions for nursing personnel consistent with hospice philosophy; [PL 1993, c. 692, §1 (NEW).] C. Establish staffing and on-call schedules for nursing staff; and [PL 1993, c. 692, §1 (NEW).] D. Develop and implement orientation and training programs for nursing staff. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

6. Orientation. Before providing any hospice service, a direct service provider must receive an orientation of at least 4 hours specific to hospice service. The policy and procedures of the provider define the agenda of the hospice orientation program. The provider shall document in personnel files that staff members have completed the 4-hour orientation. Indirect service volunteers must be oriented according to provider policies. The hospice orientation program must include, but is not limited to, the following subjects: A. Hospice philosophy; [PL 1993, c. 692, §1 (NEW).] B. Personal death awareness; [PL 1993, c. 692, §1 (NEW).] C. Communication skills; [PL 1993, c. 692, §1 (NEW).] D. Personnel issues; [PL 1993, c. 692, §1 (NEW).] E. Identification of hospice resource people; [PL 1993, c. 692, §1 (NEW).] F. Stress management; [PL 1993, c. 692, §1 (NEW).] G. Ethics; [PL 1993, c. 692, §1 (NEW).] H. Stages of dying; and [PL 1993, c. 692, §1 (NEW).] I. Funeral arrangements. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

7. Training. A hospice program shall provide an educational program that offers a comprehensive overview of hospice philosophy and hospice care. A minimum of 18 hours of education, including 4 hours of orientation, is required for all direct service providers delivering hospice care. The educational program must include, but is not limited to, the following subjects: A. Hospice philosophy; [PL 1993, c. 692, §1 (NEW).] B. Family dynamics; [PL 1993, c. 692, §1 (NEW).] C. Pain and symptom management; [PL 1993, c. 692, §1 (NEW).] D. Grief, loss and transition; [PL 1993, c. 692, §1 (NEW).] E. Psychological perspectives on death and dying; [PL 1993, c. 692, §1 (NEW).] F. Spirituality; [PL 1993, c. 692, §1 (NEW).] G. Communication skills; [PL 1993, c. 692, §1 (NEW).] H. Volunteer roles; and [PL 1993, c. 692, §1 (NEW).] I. Multidisciplinary management. [PL 1993, c. 692, §1 (NEW).] Hospice personnel who choose to provide direct service to patients are required to meet the minimum training requirement of 18 hours within one year. Documentation of completion of training is transferable from one hospice program to another. [PL 1993, c. 692, §1 (NEW).]

8. Continuing education and in-service training. Hospice direct service providers are required to complete a minimum of 8 hours of continuing education or in-service training each year after the first year, based on date of hire. [PL 1993, c. 692, §1 (NEW).]

9. Records. A hospice program shall maintain, at a minimum, the following records: A. Minutes of governing body meetings; [PL 1993, c. 692, §1 (NEW).] B. Care plans of interdisciplinary teams; [PL 1993, c. 692, §1 (NEW).] C. Progress notes regarding the families receiving services; [PL 1993, c. 692, §1 (NEW).] D. All receipts and expenditures; [PL 1993, c. 692, §1 (NEW).] E. Training provided to paid staff and volunteers; and [PL 1993, c. 692, §1 (NEW).] F. A discharge summary for each client, a copy of which must be provided to the primary physician. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]

10. Policies. A hospice program shall have and follow written policies and procedures governing its operation, including, but not limited to, a policy regarding confidentiality and a policy regarding training. [PL 1993, c. 692, §1 (NEW).]

11. Required information. A person who enters a hospice program must be given information regarding durable health care power of attorney. [PL 1993, c. 692, §1 (NEW).]

12. Quality assurance. The hospice provider shall have a functional quality assurance or improvement plan in place that: A. Continually monitors and evaluates the care provided; [PL 1993, c. 692, §1 (NEW).] B. Identifies issues and potential issues; [PL 1993, c. 692, §1 (NEW).] C. Proposes and implements improvements; and [PL 1993, c. 692, §1 (NEW).] D. Reevaluates the care provided to determine if further improvement is possible or needed. [PL 1993, c. 692, §1 (NEW).] [PL 1993, c. 692, §1 (NEW).]
22 M.R.S. § 3886 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3886
22 §3886. Limitation of powers
Status: in_force

The board, notwithstanding section 3884‑A, subsection 1, paragraph F , may not enter into contracts, obligations or commitments of any kind on behalf of the State or its agencies, nor does it have the power of eminent domain or other powers not provided to business corporations generally. Bonds, notes and other evidences of indebtedness of the board are not debts or liabilities of the State and do not constitute a pledge of the faith and credit of the State. [PL 2001, c. 11, §3 (AMD).]
22 M.R.S. § 3174-DD — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-DD
22 §3174-DD. Dirigo health coverage
Status: in_force

The department may contract with one or more health insurance carriers or the Dirigo Health Self-administered Plan established pursuant to Title 24‑A, section 6981 to purchase Dirigo Health Program coverage for MaineCare members who seek to enroll through their employers pursuant to Title 24‑A, section 6910, subsection 4, paragraph B . A MaineCare member who enrolls in the Dirigo Health Program as a member of an employer group receives full MaineCare benefits through the Dirigo Health Program. The benefits are delivered through the employer-based health plan, subject to nominal cost sharing as permitted by 42 United States Code, Section 1396o(2003) and additional coverage provided under contract by the department. [PL 2007, c. 447, §2 (AMD).]
22 M.R.S. § 3173-E — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-E
22 §3173-E. Treatment of joint bank accounts in Medicaid eligibility determinations
Status: in_force

When determining eligibility for Medicaid, the department shall establish ownership of joint bank accounts in accordance with Title 18‑C, section 6‑211, subsection 2 . If the department determines that funds were withdrawn from a joint account without the consent of the applicant and the applicant owned the funds, the person to whom the funds were transferred is a liable 3rd party and the department shall pursue recovery of the funds in accordance with section 14 . The department shall adopt rules to implement this section. [PL 2017, c. 402, Pt. C, §51 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 5308 — ME Code / Title 22 / Subtitle 4 / Chapter 1473 / Section 5308
22 §5308. Office of Child and Family Services
Status: in_force

There is within the Department of Health and Human Services the Office of Child and Family Services. The office must be a separate, distinct administrative unit that is not integrated in any way as a part or function of any other administrative unit of the department. The office is equal in organizational level and status with other major organizational units within the department or its successors. The office is under the immediate and full supervision of the commissioner or the chief officer of whatsoever unit succeeds the department. [PL 2023, c. 405, Pt. A, §71 (AMD).]

It is the intent of this Part that the office function as a central office administrative unit of the department and that the powers, duties, authority and responsibility of the office may not be delegated, decentralized or assigned to regional, local or other units of the department, except as provided in this section and section 6108 . Regarding any portion of this Part and Part 2 that relate to provision of services directly to eligible people through staff employed subject to the Civil Service Law by the department or other organizational units of State Government, the office may carry out its powers and duties through regional or other administrative units of the department or State Government. [PL 2023, c. 405, Pt. A, §71 (AMD).]

Regarding any portion of this Part and Part 2 that relate to development, execution and monitoring of agreements, the office shall carry out its powers and duties directly with public or private, nonprofit agencies without acting through other administrative units of the department as intermediaries, except as provided in section 6108 . Functions relating to agreements do not require the approval of any other unit of the department, except as the office is responsible and accountable to the commissioner and except as provided by section 6108 . [PL 2023, c. 405, Pt. A, §71 (AMD).]

The office is the sole agency of State Government responsible for administration of this Part and Part 2 subject to the direction of the commissioner. The office shall fully coordinate with appropriate state agencies and fully utilize existing support services. [PL 2013, c. 368, Pt. CCCC, §6 (AMD).]
22 M.R.S. § 2075 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2075
22 §2075. Maine Health Facilities' Reserve Fund
Status: in_force

1. Maine Health Facilities' Reserve Fund. The authority shall establish and maintain a reserve fund called the "Maine Health Facilities' Reserve Fund" in which is deposited all money appropriated by the State for the purpose of that fund, all proceeds of bonds required to be deposited in the fund by terms of any contract between the authority and its bondholders or any resolution of the authority with respect to the proceeds of bonds and any other money or funds of the authority that the authority determines to deposit in the fund and any other money made available to the authority only for the purposes of the fund from any other source or sources. A. Money in the reserve fund is held and applied solely to the payment of the interest on and principal of bonds secured by the reserve fund and sinking fund payments referred to in this chapter with respect to bonds secured by the reserve fund as the interest, principal and sinking fund payments become due and payable; and for the retirement of bonds, including the payment of any redemption premium required to be paid when any bonds are redeemed or retired before maturity. Money may not be withdrawn from the fund if the withdrawal reduces the amount in the reserve fund to an amount less than the required debt service reserve, except for: (1) Payment of interest then due and payable on bonds; (2) Payment of the principal of bonds then maturing and payable; (3) Sinking fund payments referred to in this chapter with respect to bonds; (4) The retirement of bonds in accordance with the terms of any contract between the authority and its bondholders; or (5) The payment for which other money of the authority is not then available for payment of interest, principal or sinking fund payments or the retirement of bonds in accordance with the terms of any such contract. [PL 1991, c. 584, §6 (NEW).] B. As used in this chapter, "required debt service reserve" means, as of any date of computation, the amount or amounts required to be on deposit in the reserve fund as provided by resolution of the authority. For purposes of this chapter, the amount of any letter of credit, insurance contract, surety bond or similar financial undertaking available to be drawn upon and applied to obligations to which money in the reserve fund may be applied is deemed to be and must be counted as money in the Maine Health Facilities' Reserve Fund, capital reserve funds or any other reserve fund as provided by resolution of the authority. The required debt service reserve is, as of any date of computation, an aggregate amount equal to at least the largest amount of money required by the terms of all contracts between the authority and holders of bonds secured by the reserve fund to be raised in the current or any succeeding calendar year for: (1) The payment of interest on and maturing principal of that portion of outstanding bonds secured by the reserve fund; and (2) Sinking fund payments required by the terms of any such contracts to sinking funds established for the payment or redemption of those bonds. [PL 1995, c. 179, §4 (AMD).] C. To ensure the maintenance of the required debt service reserve in the reserve fund, there must be annually appropriated and paid to the authority for deposit in the fund the sum, if any, certified by the executive director of the authority to the Governor, required to restore the reserve fund to an amount equal to the required debt service reserve. On or before December 1st of each year, the executive director shall make and deliver to the Governor a certificate stating the sum and the sum or sums so certified must be appropriated and paid to the authority during the current state fiscal year. To ensure the maintenance of the required debt service reserve in any capital reserve fund to which, at the direction of the authority pursuant to the resolution or resolutions establishing a capital reserve fund, this provision applies, there is annually appropriated and paid to the authority for deposit in the fund the sum, if any, certified by the executive director of the authority to the Governor, required to restore the reserve fund to an amount equal to the required debt service reserve. On or before December 1st of each year, the director shall make and deliver to the Governor a certificate stating the sum and the sum or sums so certified must be appropriated and paid to the authority during the current state fiscal year. [PL 1991, c. 584, §6 (NEW).] [PL 1995, c. 179, §4 (AMD).]

2. Capital reserve fund. This subsection applies to capital reserve funds. A. The authority may establish and maintain one or more special funds called "capital reserve funds" in which must be deposited: (1) All money appropriated by the State for the purpose of those funds; (2) All proceeds of bonds required to be deposited in those funds by the terms of any contract between the authority and its bondholders or any resolution of the authority with respect to the proceeds of bonds; (3) Any other money or funds of the authority that the authority determines to deposit in those funds; and (4) Any other money made available to the authority only for the purposes of the fund from any other source or sources. [PL 1991, c. 584, §6 (NEW).] B. Money in any capital reserve fund is held and applied solely: (1) To pay the interest on and principal of bonds secured by the capital reserve fund and sinking fund payments referred to in this chapter with respect to bonds secured by the capital reserve fund as the interest and principal becomes due and payable; and (2) To retire bonds secured by the capital reserve fund, including the payment of any redemption premium required to be paid when any such bonds are redeemed or retired before maturity. [PL 1991, c. 584, §6 (NEW).] C. The minimum amount of any capital reserve fund must be equal to the amounts required under the resolutions pursuant to which the bonds secured by the capital reserve fund are issued. These amounts are referred to in this chapter as the "required minimum reserve." With respect to bonds secured by a capital reserve fund for which the resolution authorizing the issuance of those bonds states that the provisions of subsection 1, paragraph C apply, the required minimum reserve is, as of any date of computation, an aggregate amount equal to at least the largest amount of money required by the terms of all contracts between the authority and its bondholders of the bonds to be raised in the current or any succeeding calendar year for the payment of interest on and maturing principal of that portion of the outstanding bonds or sinking fund payments required by the terms of any such contracts to sinking funds established for the payment or redemption of the bonds, all calculated on the assumption that the bonds will cease to be outstanding after the date of the computation because of the payment of the bonds at their respective maturities and the payments of the required money to sinking funds and the application of the sinking funds in accordance with the terms of all such contracts to the retirement of the bonds. [PL 1991, c. 584, §6 (NEW).] D. Money in any capital reserve fund may not be withdrawn if the withdrawal reduces the amount in the capital reserve fund to an amount less than the required minimum reserve for all such bonds issued and to be issued that are secured by the capital reserve fund, except for: (1) Payment of interest then due and payable on bonds secured by the capital reserve fund then maturing and payable; (2) Sinking fund payments required by the terms of any such contracts to sinking funds established for the payment of redemption of the bonds; (3) The retirement of bonds secured by the capital reserve fund in accordance with the terms of any contract between the authority and its bondholders; and (4) The payments for which other money of the authority is not then available for payment of interest or principal or sinking fund payments or retirement of bonds secured by the capital reserve fund in accordance with the terms of any such contract. [PL 1991, c. 584, §6 (NEW).] [PL 1991, c. 584, §6 (NEW).]
22 M.R.S. § 1406-A — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1406-A
22 §1406-A. Reporting data to the Maine Health Data Organization
Status: in_force

The department shall report data from the cancer-incidence registry established pursuant to section 1404 , including personally identifying medical or protected health information, to the Maine Health Data Organization in accordance with the joint rule adopted pursuant to section 8715‑A . The data reported must be assigned a Maine Health Data Organization identifier and integrated with other Maine Health Data Organization data. The data reported may be released only in accordance with the rule adopted by the Maine Health Data Organization on release of data to the public pursuant to section 8707 . [PL 2021, c. 423, Pt. A, §3 (NEW).]
22 M.R.S. § 2138 — ME Code / Title 22 / Subtitle 2 / Chapter 417-A / Section 2138
22 §2138. Prohibited employment based on disqualifying offenses
Status: in_force

A temporary nurse agency shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2 , in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker. [PL 2015, c. 494, Pt. A, §19 (RPR).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 299, §19 (NEW).]

1. Subject of notation. [PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]

2. Convicted of crime involving abuse, neglect or misappropriation. [PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]

3. Other prior conviction. [PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]
22 M.R.S. § 2657 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2657
22 §2657. Establishment of public water system zones
Status: in_force

1. Division into zones. In order to facilitate elections in multiservice municipalities, each municipality shall divide itself into as many zones as there are public water services supplying the municipality. The zones shall be so structured as to insure that: A. All residents served by a given public water service fall within the same zone; [PL 1983, c. 463, §4 (NEW).] B. Each registered voter within the municipality is within one of the zones; and [PL 1983, c. 463, §4 (NEW).] C. The size of the zone bears a rational relationship to the area of the municipality being served by a given public water system. [PL 1983, c. 463, §4 (NEW).] [PL 1983, c. 463, §4 (NEW).]

2. Map. Upon request by a municipality, a public water system shall provide to the municipality within 14 days a map which clearly delineates the boundaries of the service area of the public water system and any other requested information reasonably necessary to enable the municipality to determine the precise area of service in the municipality of the public water system. [PL 1983, c. 463, §4 (NEW).]

3. Description; map; files. Each multiservice municipality shall keep on file, as a public document, a precise description and accompanying map of its public water system zones. [PL 1983, c. 463, §4 (NEW).]
22 M.R.S. § 1599-A — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1599-A
22 §1599-A. Informed consent to abortion
Status: in_force

1. Consent by the woman. A health care professional, as defined in section 1596, subsection 1, paragraph C , may not perform an abortion unless, prior to the performance, the health care professional certifies in writing that the woman gave her informed written consent, freely and without coercion. [PL 2019, c. 262, §6 (AMD).]

2. Informed consent. To ensure that the consent for an abortion is truly informed consent, the health care professional, as defined in section 1596, subsection 1, paragraph C , shall inform the woman, in a manner that in the health care professional's professional judgment is not misleading and that will be understood by the patient, of at least the following: A. According to the health care professional's best judgment she is pregnant; [PL 2019, c. 262, §6 (AMD).] B. The number of weeks elapsed from the probable time of the conception; [PL 1993, c. 61, §4 (NEW).] C. The particular risks associated with her own pregnancy and the abortion technique to be performed; and [PL 1993, c. 61, §4 (NEW).] D. At the woman's request, alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will provide the woman with economic and other assistance to carry the fetus to term, including, if the woman so requests, a list of these agencies and the services available from each. [PL 1993, c. 61, §4 (NEW).] [PL 2019, c. 262, §6 (AMD).]
22 M.R.S. § 8107 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8107
22 §8107. Exceptions
Status: in_force

The following exceptions to placement, as defined in section 8101 , shall apply. [PL 1983, c. 629, §2 (NEW).]

1. Number; placement in children's homes. The limitations on the number of children in children's homes do not prohibit the placement of more than the allowed number if the purpose of the placement is to keep siblings together. [PL 2017, c. 372, §1 (AMD).]

1-A. Number; placement in family foster home. The limitation on the number of children in a family foster home does not prohibit the placement of more than the allowed number in an individual case involving unusual circumstances if the department determines that placement to be appropriate. [PL 2017, c. 372, §2 (NEW).]

2. Disabled child; placement. The definitions used do not preclude the department from placing a child who is moderately to severely disabled in any appropriate child care facility at the department's discretion, subject to the limitations on the number of children specified in section 8101, subsections 1 and 3 . [PL 2021, c. 348, §33 (AMD).]

3. Residents 18 years of age or older. A resident in a children's home may remain in that home after attaining the age of 18 years without the home being required to be licensed as a boarding care facility under chapter 1663 if the department determines that it is in the best interest of the resident. [PL 1989, c. 355, §3 (NEW).]

4. Parents of children receiving services. Adult parents may reside with their children in a children's residential care facility in order to facilitate the care of the child when the department has determined it to be in the best interest of the child. [PL 2013, c. 179, §9 (AMD).]

The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 320, §2 (NEW).]
22 M.R.S. § 4010-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010-A
22 §4010-A. Child abuse policies
Status: in_force

1. Policy development. Every public or private agency or program that is administered, licensed or funded by the Department of Health and Human Services or the Department of Corrections and hires staff or selects volunteers and provides care or services for children shall develop a written policy regarding child abuse and neglect. The policy must include: A. A description of how the program and children are managed to prevent abuse or neglect; [RR 2003, c. 2, §78 (COR).] B. The reporting of suspected abuse or neglect or other violations to the appropriate designated authorities; [PL 1989, c. 223 (NEW).] C. The agency's course of action if allegations of abuse or neglect are made against the agency or its staff; and [PL 1989, c. 223 (NEW).] D. The agency's grievance procedures for staff and for children and their parents or guardians regarding alleged abuse or neglect. [RR 2003, c. 2, §78 (COR).] [RR 2003, c. 2, §78 (COR).]

2. Filing. The agency shall file the policy as part of its application for licensure or renewal with the state entity that regulates the agency within one year of the effective date of this subsection or of the date the agency comes into existence. [PL 1989, c. 223 (NEW).]

3. Availability of policy. The agency shall make the policy available to its staff, clients and the public. [PL 1989, c. 223 (NEW).]
22 M.R.S. § 2660-E — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-E
22 §2660-E. Fees related to primacy
Status: in_force

In addition to fees authorized under Title 22‑A, section 210 , the commissioner may impose an annual operation fee upon each public water system in the State. [PL 2023, c. 405, Pt. A, §60 (AMD).]

1. Rules. The department shall establish fee formulas by rules adopted in accordance with the Maine Administrative Procedure Act. The department must consult with and consider the advice of the commission in preparing the rules. Proposed rules issued by the department under this section must include the fee formulas and collection and transfer schedules developed by the commission. Fee formulas adopted under this section must be equitable. Fees may be based on, but are not limited to, the population served, service connections, volume of water pumped or available seats, campsites, rooms or lots, and may include fixed or graduated fee formulas or combinations of the fee formulas. The base fee may be no more than $75 per year per public water system. [PL 2009, c. 15, §1 (AMD).]

2. Collection and disposition of fees. Fees adopted under this section cover the period beginning July 1, 1993 and must be collected by each public water system in monthly, quarterly or annual increments. Fees collected by public water systems under this section are state fees. The department shall establish schedules for the collection and transfer of fees to the State with the advice of the commission. [RR 1995, c. 2, §40 (COR).]

3. Suspension and reinstatement of fees. Fees imposed under this section are suspended on the first day of the calendar quarter following any calendar quarter in which primacy is withdrawn by the Federal Government. Fees suspended under this subsection may be reinstated on the first day of the calendar quarter following the quarter in which the State regains primacy. [PL 1993, c. 410, Pt. DD, §4 (NEW).]
22 M.R.S. § 2842-B — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2842-B
22 §2842-B. Native American human remains
Status: in_force

1. Transfer of remains. Except as provided in subsections 2 and 3 , a person or entity who possesses any human remains identified as Native American human remains shall transfer the remains to the intertribal repatriation organization that is appointed by the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians and Mi'kmaq Nation for reburial. The intertribal repatriation organization shall make reasonable inquiry to locate the next of kin of the deceased. If next of kin are located, the intertribal repatriation organization shall transfer the remains to the next of kin. [PL 2009, c. 601, §26 (AMD); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]

2. Medical Examiner cases. In cases within the jurisdiction of the Medical Examiner Act, the Chief Medical Examiner has authority over Native American human remains until the remains are no longer required for legal purposes. At that time, the Chief Medical Examiner shall make reasonable inquiry to locate the next of kin of the deceased. If next of kin are located, the Chief Medical Examiner shall release the remains to the next of kin of the deceased. If no next of kin are located, the remains must be released to the intertribal repatriation organization for reburial. [PL 2009, c. 601, §26 (AMD).]

3. Native American Graves Protection and Repatriation Act. Subsection 1 does not apply to any human remains or any person or entity subject to the Native American Graves Protection and Repatriation Act, 25 United States Code, Chapter 32. [PL 2001, c. 601, §1 (NEW).]

4. Memorandum of understanding. The Chief Medical Examiner, the Maine Historic Preservation Commission and the Maine State Museum shall enter into a memorandum of understanding concerning the disposition of human remains in the possession of the Chief Medical Examiner that are subject to the Native American Graves Protection and Repatriation Act. [PL 2001, c. 601, §1 (NEW).]
22 M.R.S. § 2681 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2681
22 §2681. Maine Rx Plus Program established
Status: in_force

The Maine Rx Plus Program, referred to in this subchapter as the "program," is established to reduce prescription drug prices and to improve the quality of health care for residents of the State. The program is administered by the department and must utilize manufacturer rebates and pharmacy discounts to reduce prescription drug prices. [PL 2003, c. 494, §3 (AMD).]

1. Program goals. The Legislature finds that affordability is critical in providing access to prescription drugs for Maine residents. This subchapter is enacted by the Legislature to enable the State to take steps to make prescription drugs more affordable for qualified Maine residents, thereby increasing the overall health of Maine residents, promoting healthy communities and protecting the public health and welfare, and to integrate the program as part of any statewide program for the uninsured. It is not the intention of the State to discourage employers from offering or paying for prescription drug benefits for their employees or to replace employer-sponsored prescription drug benefit plans that provide benefits comparable to those made available to qualified Maine residents under this subchapter. [PL 2003, c. 494, §4 (AMD).]

2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Average wholesale price" means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally recognized drug pricing file. [PL 1999, c. 786, Pt. A, §3 (NEW).] A-1. "Covered drugs" means drugs that are on the MaineCare preferred drug list established and revised from time to time by the department pursuant to its authority to operate the MaineCare program. [PL 2003, c. 494, §4 (NEW).] B. "Initial discounted price" for a drug means the amount that participating retail pharmacies may charge qualified residents participating in the program for that drug, as established by the department through rulemaking. [PL 2003, c. 513, Pt. G, §1 (AMD).] C. "Labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (1999). [PL 1999, c. 786, Pt. A, §3 (NEW).] D. "Participating retail pharmacy" or "retail pharmacy" means a retail pharmacy located in this State, or another business licensed to dispense prescription drugs in this State, that participates in the program. [PL 2003, c. 494, §4 (AMD).] E. [PL 2003, c. 494, §4 (RP).] F. "Qualified resident" means a resident of the State who has a family income equal to or less than 350% of the federal poverty level and who is enrolled in the program. "Qualified resident" also means a resident of the State whose family incurs unreimbursed expenses for prescription drugs that equal 5% or more of family income or whose total unreimbursed medical expenses equal 15% or more of family income. For purposes of this paragraph, the cost of drugs provided under this subchapter is considered an expense incurred by the family for eligibility determination purposes. [PL 2003, c. 494, §4 (AMD).] G. "Secondary discounted price" means the initial discounted price minus any further discounts paid for out of the fund. [PL 2003, c. 494, §4 (AMD).] [PL 2003, c. 513, Pt. G, §1 (AMD).]

3. Rebate agreement. A drug manufacturer or labeler that sells prescription drugs in this State through the elderly low-cost drug program under section 254‑D or any other publicly supported pharmaceutical assistance program shall enter into a rebate agreement with the department for this program. The rebate agreement must require the manufacturer or labeler to make rebate payments to the State each calendar quarter or according to a schedule established by the department. [PL 2005, c. 401, Pt. C, §3 (AMD).]

4. Rebate amount. The commissioner shall negotiate the amount of the rebate required from a manufacturer or labeler in accordance with this subsection. A. The commissioner shall take into consideration the rebate calculated under the Medicaid Rebate Program pursuant to 42 United States Code, Section 1396r‑8, the average wholesale price of prescription drugs and any other information on prescription drug prices and price discounts. [PL 1999, c. 786, Pt. A, §3 (NEW).] B. The commissioner shall use the commissioner's best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under the MaineCare program pursuant to 42 United States Code, Section 1396r‑8. [PL 2003, c. 494, §4 (AMD).] C. With respect to the rebate taking effect no later than October 1, 2004, the commissioner shall use the commissioner's best efforts to obtain an amount equal to or greater than the amount of any discount, rebate or price reduction for prescription drugs provided to the Federal Government. [PL 2003, c. 494, §4 (AMD).] [PL 2003, c. 494, §4 (AMD).]

5. Discounted prices for qualified residents. Each participating retail pharmacy shall sell covered drugs to qualified residents at the lower of the initial discounted price and the secondary discounted price as such prices are determined by the department pursuant to this subchapter. A. The department shall establish discounted prices for drugs covered by a rebate agreement and shall promote the use of efficacious and reduced-cost drugs, taking into consideration reduced prices for state and federally capped drug programs, differential dispensing fees, administrative overhead and incentive payments. [PL 1999, c. 786, Pt. A, §3 (NEW).] B. Beginning January 1, 2004, a participating retail pharmacy shall offer the initial discounted price. [PL 2003, c. 494, §4 (AMD).] C. No later than October 1, 2004, a participating retail pharmacy shall offer the secondary discounted price if available. [PL 2003, c. 494, §4 (AMD).] D. [PL 2003, c. 494, §4 (RP).] [PL 2003, c. 494, §4 (AMD).]

6. Operation of program. The requirements of this subsection apply to participating retail pharmacies. A. The Maine Board of Pharmacy shall adopt rules requiring disclosure by participating retail pharmacies to qualified residents of the amount of savings provided as a result of the program. The rules must consider and protect information that is proprietary in nature. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 494, §4 (AMD).] B. The department may not impose transaction charges under this program on retail pharmacies that submit claims or receive payments under the program. [PL 1999, c. 786, Pt. A, §3 (NEW).] C. A participating retail pharmacy shall submit claims to the department to verify the amount charged to qualified residents under subsection 5 . [PL 1999, c. 786, Pt. A, §3 (NEW).] D. On a weekly or biweekly basis, the department must reimburse a participating retail pharmacy for the difference between the initial discounted price and the secondary discounted price provided to qualified residents under subsection 5 . [PL 2003, c. 494, §4 (AMD).] E. [PL 2003, c. 494, §4 (RP).] F. The department shall conduct ongoing quality assurance activities similar to those used in the MaineCare program. [PL 2003, c. 494, §4 (NEW).] [PL 2003, c. 494, §4 (AMD).]

7. Action with regard to nonparticipating manufacturers and labelers. [PL 2003, c. 494, §5 (RPR); MRSA T. 22 §2681, sub-§7 (RP).]

7-A. Action with regard to nonparticipating manufacturers and labelers. The names of manufacturers and labelers who do and do not enter into rebate agreements pursuant to this subchapter are public information. The department shall release this information to health care providers and the public on a regular basis and shall publicize participation by manufacturers and labelers that is of particular benefit to the public. The department shall impose prior authorization requirements in the MaineCare program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and so long as the additional prior authorization requirements remain consistent with the goals of the MaineCare program and the requirements of the federal Social Security Act, Title 19. This subsection takes effect on the date that the department begins offering prescription drug benefits under the program. [PL 2003, c. 494, §6 (NEW).]

8. Discrepancies in rebate amounts. [PL 2003, c. 494, §7 (RP).]

9. Dedicated fund. The Maine Rx Plus Dedicated Fund, referred to in this section as the "fund," is established to receive revenue from manufacturers and labelers who pay rebates as provided in subsection 4 and any appropriations or allocations designated for the fund. The purposes of the fund are to reimburse retail pharmacies for discounted prices provided to qualified residents pursuant to subsection 5 ; to reimburse the department for contracted services including pharmacy claims processing fees, administrative and associated computer costs and other reasonable program costs; and to benefit the elderly low-cost drug program under section 254‑D . The fund is a nonlapsing dedicated fund. Interest on fund balances accrues to the fund. Surplus funds in the fund must be used for the benefit of the program. Notwithstanding Title 5, section 1585 , surplus funds may also be transferred to the elderly low-cost drug program established under section 254‑D . [PL 2005, c. 401, Pt. C, §4 (AMD).]

10. Annual summary report. The department shall report the enrollment and financial status of the program to the Legislature by the 2nd week in January each year. [PL 1999, c. 786, Pt. A, §3 (NEW).]

11. Obligations of department. The department shall establish simplified procedures for determining eligibility and issuing Maine Rx enrollment cards to qualified residents and shall undertake outreach efforts to build public awareness of the program and maximize enrollment of qualified residents. The department may adjust the requirements and terms of the program to accommodate any new federally funded prescription drug programs. [PL 1999, c. 786, Pt. A, §3 (NEW).]

12. Contracting. The department may contract with a 3rd-party or 3rd-parties to administer any or all components of the program, including, but not limited to, outreach, eligibility, claims, administration and rebate recovery and redistribution. [PL 1999, c. 786, Pt. A, §3 (NEW).]

13. Medical assistance programs. The department shall administer the program and other medical and pharmaceutical assistance programs under this Title in a manner that is advantageous to the programs and to the enrollees in those programs. In implementing this subsection the department may coordinate the other programs and this program and may take actions to enhance efficiency, reduce the cost of prescription drugs and maximize the benefits to the programs and enrollees, including providing the benefits of this program to enrollees in other programs. [PL 1999, c. 786, Pt. A, §3 (NEW).]

14. Rulemaking. The department may adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 786, Pt. A, §3 (NEW).]

15. Waivers. The department may seek any waivers of federal law, rule or regulation necessary to implement the provisions of this subchapter. [PL 1999, c. 786, Pt. A, §3 (NEW).]

16. Fee imposed. Beginning July 1, 2011, a fee is imposed on all enrollees in the program established under this section. The amount of the fee must be determined by rule adopted by the department to cover the administrative and other operating costs of the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 380, Pt. SS, §1 (NEW).]
22 M.R.S. § 7948 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7948
22 §7948. Right of action
Status: in_force

1. Generally. Any resident whose rights have been violated as described in this section may commence a civil action in the Superior Court on that resident's own behalf for injunctive and declaratory relief against any long-term care facility or provider of assisted living programs and services that is alleged to be in violation of any rule described in section 7853 or 7924 or in violation of the rights enumerated in 42 United States Code, Section 1396r, Subsection (c). In order to grant a preliminary or permanent injunction under this section, the Superior Court must find that: A. The plaintiff will suffer irreparable injury if the injunction is not granted; [PL 1991, c. 637, §2 (NEW).] B. The irreparable injury outweighs any harm that granting the injunctive relief would inflict on the defendant; [PL 1991, c. 637, §2 (NEW).] C. The plaintiff has exhibited a likelihood of success on the merits of the case; and [PL 1991, c. 637, §2 (NEW).] D. The public interest will not be adversely affected by granting the injunction. [PL 1991, c. 637, §2 (NEW).] [PL 2001, c. 596, Pt. B, §17 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Right of action limited. An action may not be commenced under this section until 15 days after the resident has given notice of the violation and an intention to bring suit under this chapter to the commissioner, the Attorney General and each party alleged to be violating the law or rule. The court may waive the 15-day notice requirement and issue a temporary restraining order when the plaintiff shows that the alleged violation presents an immediate threat to the plaintiff's health or safety. [PL 1991, c. 637, §2 (NEW).]

3. Parties may intervene. In any action brought by the Attorney General or the commissioner under this chapter, any resident who has a right of action under this section may intervene if that resident has a direct interest that is or may be adversely affected by the action and the disposition of the action may impair or impede the resident's ability to protect that interest. The Attorney General and the commissioner may intervene in any action brought by a resident under this section. This subsection does not affect the ability of any party to take action under Title 5, section 9054 . [PL 1991, c. 637, §2 (NEW).]

4. Service. A copy of the complaint and other pleadings must be delivered to the commissioner and the Attorney General at the time of service on the defendant. Copies of all answers and other documents accompanying the answers must be delivered to the commissioner and the Attorney General at the time of service on the plaintiff. [PL 1991, c. 637, §2 (NEW).]

5. Dismissal of action. The court may, on the motion of any party or on its own motion, dismiss any action brought under this section that alleges a de minimis violation of section 7924 or of 42 United States Code, Section 1396r, Subsection (c). [PL 1991, c. 637, §2 (NEW).]
22 M.R.S. § 824 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 824
22 §824. Confidentiality
Status: in_force

Any person who receives information pursuant to this chapter shall treat as confidential the names of individuals having or suspected of having a notifiable disease or condition, as well as any other information that may identify those individuals. This information may be released to the department for adult or child protection purposes in accordance with chapters 958‑A and 1071 , or to other public health officials, agents or agencies or to officials of a school where a child is enrolled, for public health purposes, but that release of information must be made in accordance with Title 5, chapter 501 , where applicable. In the event of an actual or threatened epidemic or outbreak or public health threat or emergency, as declared by the Director of the Bureau of Health, the information may also be released to private health care providers and health and human services agencies for the purpose of carrying out public health functions as authorized by this chapter. Information not reasonably required for the purposes of this section may not be released. All information submitted pursuant to this chapter that does not name or otherwise identify individuals having or suspected of having a notifiable disease or condition may be made available to the public at the sole discretion of the department. [PL 2005, c. 383, §19 (AMD).]

Any person receiving a disclosure of identifying information pursuant to this chapter may not further disclose this information without the consent of the infected person. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 2702-A — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2702-A
22 §2702-A. Duties to furnish information
Status: in_force

Any person having knowledge of the facts shall furnish such information as the individual may possess regarding any birth, death, spontaneous fetal death, abortion, marriage, divorce or annulment, upon demand of the state registrar. [PL 2009, c. 601, §7 (AMD).]
22 M.R.S. § 8621 — ME Code / Title 22 / Subtitle 6 / Chapter 1681 / Section 8621
22 §8621. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 692, §1 (NEW).]

1. Bereavement services. "Bereavement services" means emotional support services related to the death of a family member, including, but not limited to, counseling, provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. Bereavement services must be consistent with the bereavement care plan. [PL 1993, c. 692, §1 (NEW).]

2. Care plan. "Care plan" means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. A care plan must specify what hospice services are needed and how they will be delivered. [PL 1993, c. 692, §1 (NEW).]

3. Client. "Client" means the person who is receiving the hospice services. [PL 1993, c. 692, §1 (NEW).]

4. Council. "Council" means the Maine Hospice Council established by section 8611 . [PL 1993, c. 692, §1 (NEW).]

5. Direct service provider. "Direct service provider" means employees or volunteers who provide hospice services directly to a client. [PL 1993, c. 692, §1 (NEW).]

6. Durable health care power of attorney. "Durable health care power of attorney" has the same meaning as "power of attorney for health care" contained in Title 18‑C, section 5‑802 . [PL 2017, c. 402, Pt. C, §73 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Family. "Family" means a spouse, primary caregiver, biological relatives and individuals with close personal ties to the client. [PL 1993, c. 692, §1 (NEW).]

8. Governing body. "Governing body" means the entity that establishes policy and is legally responsible for the overall operation of a hospice program. [PL 1993, c. 692, §1 (NEW).]

9. Hospice philosophy. "Hospice philosophy" means a philosophy of palliative care for individuals and families during the process of dying and bereavement. "Hospice philosophy" is life affirming and strengthens the client's role in making informed decisions about care. "Hospice philosophy" stresses the delivery of services in the least restrictive setting possible and with the least amount of technology necessary by volunteers and professionals who are trained to help clients with the physical, social, psychological, spiritual and emotional needs related to terminal illness. [PL 1993, c. 692, §1 (NEW).]

10. Hospice program or hospice provider. "Hospice program" or "hospice provider" means a distinct, clearly recognizable entity that exists to provide hospice services. [PL 1993, c. 692, §1 (NEW).]

11. Hospice services. "Hospice services" means a range of interdisciplinary services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. Hospice services must be delivered in accordance with hospice philosophy. [PL 1993, c. 692, §1 (NEW).]

12. Interdisciplinary team. For a hospice providing comprehensive services, "interdisciplinary team" means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. For a volunteer hospice program, "interdisciplinary team" means a regularly scheduled case conference as defined by program policy. The client, and the client's family if the client desires, must be given the opportunity and encouraged to attend interdisciplinary team meetings. [PL 1993, c. 692, §1 (NEW).]

13. Medical director. "Medical director" means a licensed physician who oversees the medical components of hospice services and serves on the interdisciplinary team. [PL 1993, c. 692, §1 (NEW).]

14. Nurse supervisor. "Nurse supervisor" means a licensed registered nurse with education, experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program. [PL 1993, c. 692, §1 (NEW).]

15. Primary physician. "Primary physician" means the physician identified by the client or by the person authorized to make decisions for the client pursuant to a durable health care power of attorney. [PL 1993, c. 692, §1 (NEW).]

16. Program director. "Program director" means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program. [PL 1993, c. 692, §1 (NEW).]

17. Terminally ill. "Terminally ill" means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director. [PL 1993, c. 692, §1 (NEW).]

18. Volunteer. "Volunteer" means a trained individual who works for a hospice program without compensation. [PL 1993, c. 692, §1 (NEW).]

19. Volunteer hospice program. "Volunteer hospice program" means a hospice program that provides all direct patient care at no charge. [PL 1993, c. 692, §1 (NEW).]
22 M.R.S. § 1064 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1064
22 §1064. Immunization information system
Status: in_force

The department shall establish an immunization information system and require all immunization providers who participate in the department's immunization distribution system to submit to the department a record of each immunization administered. [PL 1997, c. 670, §1 (NEW).]

The department shall adopt rules to implement this section. The rules must include, but are not limited to, provisions for: permitting a person or the parent or guardian of that person to choose not to be included in the system; the format for reporting information; the confidentiality of information in the system; penalties for unauthorized disclosure of information; immunity for good-faith disclosure of information; data transmission; and the confidentiality of information of persons who have chosen not to be included in the system, except that the department may have access to this information to control an outbreak of a disease preventable by immunization. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 670, §1 (NEW).]

The department may establish an immunization system. The department must pursue federal funding to support the cost of the information system. Any state match required to secure federal funding must be made available from existing budget resources. [PL 1997, c. 670, §1 (NEW).]
22 M.R.S. § 7250 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7250
22 §7250. Access to prescription monitoring information and confidentiality
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Confidentiality. Except as provided in this section, prescription monitoring information submitted to the department is confidential and is not a public record as defined in Title 1, section 402, subsection 3 . [PL 2011, c. 657, Pt. AA, §69 (AMD).]

2. Review of information. If the prescription monitoring information surpasses thresholds as established by the department, the department shall notify the prescriber, the dispenser and, if the department determines it to be necessary, the professional licensing entity and provide all relevant prescription monitoring information to those persons and entities through an established letter of notification. [PL 2011, c. 657, Pt. AA, §69 (AMD).]

3. Permissible disclosure of information. The department may provide prescription monitoring information for public research, policy or education purposes as long as all information reasonably likely to reveal the patient or other person who is the subject of the information has been removed. [PL 2011, c. 657, Pt. AA, §69 (AMD).]

4. Access to information. The following persons may access prescription monitoring information: A. A prescriber, insofar as the information relates to a patient under the prescriber's care; [PL 2003, c. 483, §1 (NEW).] B. A dispenser, insofar as the information relates to a customer of the dispenser seeking to have a prescription filled; [PL 2003, c. 483, §1 (NEW).] C. The executive director, or a board investigator as designated by each board, of the state boards of licensure of podiatric medicine, dentistry, pharmacy, medicine, osteopathy, veterinary medicine, nursing or other boards representing health care disciplines whose licensees are prescribers, as required for an investigation, with reasonable cause; [PL 2003, c. 483, §1 (NEW).] D. A patient to whom a prescription is written, insofar as the information relates to that patient; [PL 2009, c. 196, §1 (AMD); PL 2009, c. 298, §1 (AMD).] E. Department personnel or personnel of any vendor or contractor, as necessary for establishing and maintaining the program's electronic system; [PL 2011, c. 657, Pt. AA, §69 (AMD).] F. The Office of Chief Medical Examiner for the purpose of conducting an investigation or inquiry into the cause, manner and circumstances of death in a medical examiner case as described in section 3025 . Prescription monitoring information in the possession or under the control of the Office of Chief Medical Examiner is confidential and, notwithstanding section 3022 , may not be disseminated. Information that is not prescription monitoring information and is separately acquired following access to prescription monitoring information pursuant to this paragraph remains subject to protection or dissemination in accordance with section 3022 ; [PL 2011, c. 218, §1 (AMD).] Revisor's Note: (Paragraph F as enacted by PL 2009, c. 298, §3 is REALLOCATED TO TITLE 22, SECTION 7250, SUBSECTION 4, PARAGRAPH G) G. (REALLOCATED FROM T. 22, §7250, sub-§4, ¶F) The office that administers the MaineCare program pursuant to chapter 855 for the purposes of managing the care of its members, monitoring the purchase of controlled substances by its members, avoiding duplicate dispensing of controlled substances and providing treatment pattern data under subsection 6 ; [PL 2015, c. 488, §4 (AMD).] H. Another state or a Canadian province pursuant to subsection 4‑A ; [PL 2015, c. 488, §5 (AMD).] I. Staff members of a licensed hospital who are authorized by the chief medical officer of the hospital, insofar as the information relates to a patient receiving care in the hospital's emergency department or receiving inpatient services or surgical services from the hospital; [PL 2017, c. 213, §5 (AMD).] J. Staff members of a pharmacist who are authorized by the pharmacist on duty, insofar as the information relates to a customer seeking to have a prescription filled; [PL 2017, c. 213, §5 (AMD).] K. The chief medical officer, medical director or other administrative prescriber employed by a licensed hospital, insofar as the information relates to prescriptions written by prescribers employed by that licensed hospital; [PL 2021, c. 161, §2 (AMD).] K-1. The chief medical officer, medical director or other administrative prescriber employed by a federally qualified health center as defined in 42 United States Code, Section 1395x, subsection (aa) (1993) or a group practice of prescribers insofar as the information relates to prescriptions written by prescribers employed by the federally qualified health center or the group practice; and [PL 2021, c. 161, §3 (NEW).] L. Staff members of a group practice of prescribers who are authorized by a designated group practice leader, insofar as the information relates to a patient receiving care from that group practice. [PL 2017, c. 213, §7 (NEW).] [PL 2021, c. 161, §§2, 3 (AMD).]

4-A. Information sharing with other states and Canadian provinces. The department may provide prescription monitoring information to and receive prescription monitoring information from another state or a Canadian province that has prescription monitoring information provisions consistent with this chapter and has entered into a prescription monitoring information sharing agreement with the department. The department may enter into a prescription monitoring information sharing agreement with another state or a Canadian province to establish the terms and conditions of prescription monitoring information sharing and interoperability of information systems and to carry out the purposes of this subsection. For purposes of this subsection, "another state" means any state other than Maine and any territory or possession of the United States, but does not include a foreign country. [PL 2015, c. 488, §7 (AMD).]

5. Purge of information. The department shall purge from the program all information that is more than 6 years old. [PL 2011, c. 657, Pt. AA, §69 (AMD).]

6. Treatment pattern data. The department may provide to a prescriber who treats a member under the MaineCare program prescription monitoring information on the prescriber and other prescribers that is de-identified as to prescriber and patient and that indicates treatment patterns in comparison among peers. If the department has shared with a prescriber treatment pattern data under this subsection, the department shall allow the prescriber time to align the prescriber's prescribing patterns with the patterns of the peers of the prescriber. The department may take appropriate actions with regard to a prescriber who is unable to achieve treatment pattern alignment as provided in this subsection. [PL 2011, c. 657, Pt. O, §4 (NEW).]

7. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2017, c. 243, §3) Disclosure of methadone treatment in a medical emergency; documentation. Records entered pursuant to section 7249‑A may be disclosed in an emergency setting only to the extent necessary to meet a bona fide emergency in which the patient's prior informed consent cannot be obtained and only to the health care professionals involved in treating the patient. These records may not be disclosed in any other circumstances, including to prescribers using the program to enter or check information outside of the medical emergency. Records disclosed pursuant to this subsection may not be used to initiate or substantiate any criminal charges against a patient or to conduct any criminal investigation. Any disclosure pursuant to this subsection is subject to 42 Code of Federal Regulations, Section 2.32 and the following requirements. A. The disclosure must be documented by the health care professional involved in treating the patient and entered into the program and communicated to the patient's methadone treatment facility. The documentation must include the date and time of the disclosure, the nature of the patient's emergency, the name of the facility or the hospital where the disclosure occurred and the names of the health care professionals who accessed the records. [PL 2017, c. 243, §3 (NEW); PL 2017, c. 243, §5 (AFF).] B. Any disclosure must include a statement that informs the health care professionals accessing the program that federal law prohibits the health care professionals from making further disclosures that identify the patient without the specific written consent of the patient. [PL 2017, c. 243, §3 (NEW); PL 2017, c. 243, §5 (AFF).] [PL 2017, c. 243, §3 (NEW); PL 2017, c. 243, §5 (AFF).]

8. Report regarding program. The department shall provide to the joint standing committee of the Legislature having jurisdiction over health and human services matters on or before April 15th of each year, and at such other times as the committee requests, data pertaining to the aggregate number of prescriptions of each drug required to be included in the program, the number of prescribers participating in the program categorized by specialty, any historical trends or patterns in prescribing practices within the State, any progress in the implementation of information sharing agreements authorized by subsection 4‑A and any other information pertaining to the work of the program as requested by the committee that is reasonably available to the department, as long as all information reasonably likely to reveal the patient or the prescriber or other person who is the subject of the information has been removed. [PL 2025, c. 37, §4 (AMD).]
22 M.R.S. § 1901 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1901
22 §1901. Legislative intent
Status: in_force

The Legislature finds that family planning services are not sufficiently available as a practical matter to many persons in this State, that unwanted pregnancy may place severe medical, emotional, social and economic burdens on the family unit and that it is desirable that inhibitions and restrictions to the delivery of family planning services be reduced so that all persons desiring and needing such services have ready and practicable access to the services in appropriate settings sensitive to persons' needs and beliefs. The Legislature therefore declares that it is consistent with public policy to make available comprehensive medical knowledge, assistance and services relating to family planning. [PL 2019, c. 236, §2 (AMD).]
22 M.R.S. § 5404 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5404
22 §5404. Powers and duties of the commissioner
Status: in_force

1. Powers. In addition to any other powers specified in this chapter and subject to any limitations contained in this chapter or in any other law, the commissioner: A. Has and may exercise powers necessary to carry out the purposes for which the marketplace is organized or to further the functions in which the marketplace may lawfully be engaged, including the creation and operation of the marketplace; [PL 2019, c. 653, Pt. A, §1 (NEW).] B. May charge user fees to health insurance carriers that offer qualified health plans in the marketplace or otherwise secure funding necessary to support the functions of the marketplace subject to the limitations imposed by section 5406 ; [PL 2019, c. 653, Pt. A, §1 (NEW).] C. May apply for and receive funds, grants or contracts from public and private sources to be used for marketplace functions; [PL 2019, c. 653, Pt. A, §1 (NEW).] D. May enter into interagency agreements with state or federal entities as considered necessary to efficiently and effectively perform marketplace functions; and [PL 2019, c. 653, Pt. A, §1 (NEW).] E. May enter into contracts with qualified 3rd parties both private and public for any service necessary to carry out marketplace functions. [PL 2019, c. 653, Pt. A, §1 (NEW).] [PL 2019, c. 653, Pt. A, §1 (NEW).]

2. Duties. The commissioner shall: A. Direct the operations of the marketplace as provided in this chapter; [PL 2019, c. 653, Pt. A, §1 (NEW).] B. Consult with stakeholders regarding the execution of the functions of the marketplace required under this chapter. Stakeholders include, but are not limited to: (1) Educated health care consumers who are enrollees in qualified health plans; (2) Individuals and entities with experience in facilitating enrollment in qualified health plans; (3) Representatives of small businesses and self-employed individuals; (4) Representatives and members of the MaineCare program; (5) Advocates for enrolling hard-to-reach populations; (6) Representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and the Mi'kmaq Nation, appointed by the tribes' respective chiefs in consultation with their tribal councils; (7) Representatives of health care providers; (8) Representatives of insurance carriers; (9) Representatives of insurance producers; and (10) Any other groups or representatives required by the federal Affordable Care Act and recommended by the commissioner; [PL 2019, c. 653, Pt. A, §1 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] C. Accept recommendations from the superintendent on certification of qualified health plans and shall exercise the discretion to delegate to the superintendent authority and duties as appropriate for effective administration of the marketplace, including but not limited to the responsibility for plan management. Authority delegated pursuant to this paragraph is in addition to any other powers or duties of the superintendent established by statute with respect to the marketplace; and [PL 2019, c. 653, Pt. A, §1 (NEW).] D. Initially and subsequently as needed assess and report to the joint standing committee of the Legislature having jurisdiction over health insurance coverage matters on the feasibility and cost of the State's using the federal platform as described in 45 Code of Federal Regulations, Section 155.200(f) compared to the State's performing all the functions of a state-based marketplace as described in 45 Code of Federal Regulations, Section 155.200. These reports must consider the availability of federal grants, whether existing user fees are sufficient to create and operate state-run functions and whether use of a state-run platform would improve the accessibility and affordability of health insurance in the State. [RR 2023, c. 2, Pt. A, §33 (COR).] [RR 2023, c. 2, Pt. A, §33 (COR).]
22 M.R.S. § 2031 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2031
22 §2031. Tests reported
Status: in_force

The result of a test must be reported directly to the licensed physician or other person authorized by law who requested it. A report of results issued from a medical laboratory must clearly identify that medical laboratory and the director. [RR 2009, c. 2, §50 (COR).]
22 M.R.S. § 1503-A — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1503-A
22 §1503-A. Authority for consent by a surrogate
Status: in_force

1. Consent by a surrogate; notice of need for health care. A surrogate may give consent for health care for a minor except that a surrogate may not withhold or withdraw life-sustaining treatment or deny surgery, procedures or other interventions that are life-saving and medically necessary. The existence of a surrogate does not affect the ability of a minor to give consent as otherwise provided by law. Before the surrogate may give consent, the surrogate must make a reasonable good faith attempt to inform the minor's parents or legal guardian of the minor's need for health care and the parents' right to make those decisions. If parental notification is not required by other provisions of law, the surrogate is not required to inform or attempt to inform the minor's parents or legal guardian. [PL 2015, c. 444, §2 (NEW).]

2. Notice of health care received. Unless parental notification is not required by other provisions of law, a surrogate giving consent pursuant to subsection 1 shall make a reasonable good faith attempt to inform the minor's parents or legal guardian of the health care that the minor received. A health care practitioner or health care provider who provides health care pursuant to this section shall inform the minor's surrogate of this obligation. The sending of correspondence by regular mail, e-mail, texting, posting to a personal website or other written means of communication to the last known address or contacting by telephone using the last known telephone number of the minor's parents or legal guardian, whichever means the surrogate believes to be the most effective way to ensure actual notification, is deemed a reasonable good faith attempt to provide notice for purposes of this subsection. [PL 2015, c. 444, §2 (NEW).]

3. Penalties. The following penalties apply to violations of this section. A. A surrogate who makes decisions for a minor knowing that the decisions are prohibited by subsection 1 commits a Class E crime. [PL 2015, c. 444, §2 (NEW).] B. A person who knowingly acts as a surrogate for a minor without meeting the definition of "surrogate" in section 1501, subsection 4 commits a Class E crime. [PL 2015, c. 444, §2 (NEW).] C. A surrogate who fails to attempt to give notice as required in subsection 1 or 2 commits a Class E crime. [PL 2015, c. 444, §2 (NEW).] [PL 2015, c. 444, §2 (NEW).]
22 M.R.S. § 3194 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3194
22 §3194. Report on cost of dispensing medication
Status: in_force

The Office of MaineCare Services within the department shall biennially review and report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding the cost of dispensing a medication in the State. By July 1st of each even-numbered year, the Office of MaineCare Services shall consider adjusting, through MaineCare rule amendment, the MaineCare pharmacy professional fee to reflect the cost of dispensing a medication in the State. [PL 2007, c. 539, Pt. HH, §1 (NEW); PL 2007, c. 590, §1 (NEW).]
22 M.R.S. § 3028-D — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3028-D
22 §3028-D. Disposal of identified human remains without connection to State and unidentified human remains
Status: in_force

1. Assumption of responsibility. The Chief Medical Examiner may assume responsibility for proper disposition of the identified human remains of a deceased nonresident of this State or unidentified human remains that are the subject of a medical examiner case if the Chief Medical Examiner has made reasonable inquiry and is unable to locate: A. Next of kin or a person or governmental unit legally responsible for the human remains; or [PL 2001, c. 292, §1 (NEW).] B. A person or governmental unit otherwise willing to assume responsibility for the human remains. [PL 2001, c. 292, §1 (NEW).] [PL 2001, c. 292, §1 (NEW).]

2. Necessary expenses. The expenses incurred by the Chief Medical Examiner must be paid as follows. A. The department shall pay any necessary expenses incurred by the Chief Medical Examiner as to: (1) Unidentified human remains that, after reasonable inquiry, the Chief Medical Examiner has determined not to be the human remains of an illegal alien; and (2) A deceased nonresident other than an illegal alien. [PL 2001, c. 292, §1 (NEW).] B. The Department of the Attorney General shall pay any necessary expenses incurred by the Chief Medical Examiner as to: (1) A deceased nonresident who is an illegal alien; and (2) Unidentified human remains that, after reasonable inquiry, the Chief Medical Examiner has determined to be the human remains of an illegal alien. [PL 2001, c. 292, §1 (NEW).] [PL 2001, c. 292, §1 (NEW).]
22 M.R.S. § 666 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 666
22 §666. Responsibilities of the State Nuclear Safety Inspector
Status: in_force

The responsibilities of the State Nuclear Safety Inspector are as follows. [PL 2007, c. 539, Pt. KK, §5 (REEN).]

1. Damages to public health and safety. If the State Nuclear Safety Inspector has reason to believe that any activity poses a danger to public health and safety, and after notifying the facility licensee and the United States Nuclear Regulatory Commission, the inspector shall immediately notify the Governor and the Commissioner of Health and Human Services. This subsection may not be construed as precluding the State Nuclear Safety Inspector from discussing the safety inspector's concerns with the United States Nuclear Regulatory Commission or others before making a determination that any activity poses a danger to public health and safety. [PL 2011, c. 655, Pt. MM, §12 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]

2. Reports. The State Nuclear Safety Inspector, with the cooperation of the Director of Health Engineering, shall prepare a report of the safety inspector's activities under this chapter to be submitted July 1st of each year to the Governor's Energy Office and the Legislature. The State Nuclear Safety Inspector shall prepare monthly reports for the Governor's Energy Office, the President of the Senate and the Speaker of the House, with copies to the United States Nuclear Regulatory Commission and the facility licensee. [PL 2011, c. 655, Pt. MM, §12 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]

3. Confidential and privileged information. The State Nuclear Safety Inspector shall keep confidential and privileged the identity of any person providing communications that, in the opinion of the State Nuclear Safety Inspector, support a presumption of unsafe activities, conduct or operation of a facility or that indicate any violation of the facility licensee's license issued by the United States Nuclear Regulatory Commission, unless the request for confidentiality is waived or withdrawn by such person. The safety inspector shall make all prudent efforts to investigate the basis for any related allegation of unsafe or improper activities and shall cooperate to the extent feasible with the United States Nuclear Regulatory Commission personnel in this effort. Any information brought to the attention of the safety inspector that involves the safety of the plant or a possible violation of United States Nuclear Regulatory Commission regulations must be immediately brought to the attention of the United States Nuclear Regulatory Commission and the facility licensee. [PL 2007, c. 539, Pt. KK, §5 (REEN).]
22 M.R.S. § 2660-G — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-G
22 §2660-G. Enforcement
Status: in_force

This subchapter must be enforced by the department in accordance with section 2617 . [PL 1993, c. 410, Pt. DD, §4 (NEW).]