22 M.R.S. § 2521-C — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2521-C
22 §2521-C. Exemption of ritual slaughter
Status: in_force

This chapter may not be construed to prohibit, abridge or in any way hinder the religious freedom of a person or group. Notwithstanding any other provision of this chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this chapter. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with section 2521, subsection 2 . [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 1408 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1408
22 §1408. Breast Cancer Services Special Program Fund
Status: in_force

The Breast Cancer Services Special Program Fund, referred to in this section as "the fund," is established in the Maine Center for Disease Control and Prevention, referred to in this section as "the center." Balances in the fund may not lapse but must be carried forward and used for the purposes of this section. [PL 2007, c. 547, §1 (NEW).]

1. Sources and uses of fund. Revenues from breast cancer support services registration plate fees credited to the fund under Title 29‑A, section 456‑E, subsections 2 and 4 must be used for breast cancer support services. Upon receipt the center shall equally distribute the funds to a breast and cervical health program within the center, a statewide nonprofit organization established for the purpose of providing services to underserved people with breast health and breast cancer needs and an independent state-based foundation for the purpose of providing funding for cancer research, education and patient support programs. [PL 2007, c. 547, §1 (NEW).]
22 M.R.S. § 1555-B — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-B
22 §1555-B. Sales of tobacco products
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee who is 17 years of age or older and under 21 years of age may sell tobacco products only in the presence of an employee who is 21 years of age or older and is in a supervisory capacity. [PL 2017, c. 308, §6 (AMD).]

2. (TEXT EFFECTIVE UNTIL 1/05/26) Sales to persons who have not attained 21 years of age prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person who has not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018. Tobacco products may not be sold at retail to any person who has not attained 30 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth. That a person appeared to be 30 years of age or older does not constitute a defense to a violation of this section. [PL 2017, c. 308, §6 (AMD).]

2. (TEXT EFFECTIVE 1/05/26) Sales to persons who have not attained 21 years of age prohibited. A person may not sell or furnish, or offer to sell or furnish, a tobacco product to any person who has not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018. Tobacco products may not be sold at retail to any person who has not attained 30 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth. That a person appeared to be 30 years of age or older does not constitute a defense to a violation of this section. [PL 2025, c. 367, §9 (AMD); PL 2025, c. 367, §20 (AFF).]

3. (TEXT EFFECTIVE UNTIL 1/05/26) Sales through vending machines. Tobacco products may be sold through vending machines according to section 1553‑A . [PL 1997, c. 305, §5 (NEW).]

3. (TEXT REPEALED 1/05/26) Sales through vending machines. [PL 2025, c. 367, §10 (RP); PL 2025, c. 367, §20 (AFF).]

4. Wholesale sales. Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and under procedures approved by the Bureau of Revenue Services to ensure that tobacco products are not provided to any person who has not attained 21 years of age. [PL 2017, c. 308, §6 (AMD).]

5. Possession and use of cigarettes, cigarette papers or tobacco products; use of false identification by minors prohibited. [PL 2003, c. 452, Pt. K, §7 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]

5-A. Purchase of tobacco products by persons who have not attained 21 years of age prohibited. Except as provided in subsection 5‑B , a person who has not attained 21 years of age may not: A. Purchase or attempt to purchase a tobacco product. [PL 2017, c. 308, §6 (AMD).] B. [PL 2017, c. 308, §6 (RP).] C. [PL 2017, c. 308, §6 (RP).] This subsection does not apply to a person who has attained 18 years of age as of July 1, 2018. [PL 2017, c. 308, §6 (AMD).]

5-B. Exception to possession by persons who have not attained 21 years of age. A person who has not attained 21 years of age may transport or permit to be transported in a motor vehicle tobacco products in the original sealed package in which they were placed by the manufacturer if the transportation is in the scope of that person's employment. [PL 2017, c. 308, §6 (AMD).]

5-C. Use of false identification by persons who have not attained 21 years of age prohibited. A person who has not attained 21 years of age may not: A. Offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use a tobacco product; [PL 2017, c. 308, §6 (AMD).] B. Violate paragraph A after having previously violated this subsection; or [PL 2003, c. 452, Pt. K, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Violate paragraph A after having previously violated this subsection 2 or more times. [PL 2003, c. 452, Pt. K, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2017, c. 308, §6 (AMD).]

6. Display of prohibition of sales to persons who have not attained 21 years of age. A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco product sales to persons who have not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018. Notices must be publicly and conspicuously displayed in the dealer's or distributor's place of business in letters at least 3/8 inches in height. Signs required by this section may be provided at cost by the department. [PL 2017, c. 308, §6 (AMD).]

7. Enforcement. Law enforcement officers shall enforce this section. A citizen may register a complaint under this section with the law enforcement agency having jurisdiction. The law enforcement agency may notify any establishment or individual subject to this section of a citizen complaint regarding that establishment's or individual's alleged violation of this section and shall keep a record of that notification. [PL 1997, c. 305, §5 (NEW).]

8. Fines. Violations of this section are subject to fines or other penalties according to this subsection. A. [PL 2017, c. 308, §6 (RP).] A-1. An employer of a person who violates subsection 1 , 2 , 3 or 4 commits a civil violation for which a fine of not less than $300 for the first offense, not less than $600 for the 2nd offense and not less than $1,000 for each offense thereafter, plus court costs, must be adjudged. The fine may not be suspended. Each day in which a violation occurs constitutes a separate violation. [PL 2017, c. 308, §6 (AMD).] B. A person who violates subsection 5‑A commits a civil violation and may be subject to completing tobacco-related education classes, diversion programs or specified work for the benefit of the State, the municipality or other public entity or a charitable institution. [PL 2017, c. 308, §6 (AMD).] B-1. A person who violates subsection 5‑C commits a civil violation for which the following fines may be adjudged. (1) For a first offense, a fine of not less than $100 and not more than $300 may be imposed. The judge, as an alternative to or in addition to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution. (2) For a 2nd offense, a fine of not less than $200 and not more than $500 may be imposed. The judge, as an alternative to or in addition to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution. (3) For all subsequent offenses, a fine of $500 must be imposed and that fine may not be suspended. The judge, in addition to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution. [PL 2017, c. 308, §6 (NEW).] C. A person who violates subsection 6 commits a civil violation for which a fine of not less than $50 and not more than $200 may be adjudged for any one offense. [PL 2003, c. 452, Pt. K, §9 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2017, c. 308, §6 (AMD).]

9. Distribution of fines. Fines collected pursuant to subchapter 1 and this subchapter must be credited as follows: one half to the General Fund and 1/2 to be deposited in a nonlapsing account of the Maine Criminal Justice Academy for the purpose of providing funds for training and recertification of part-time and full-time law enforcement officers. [PL 2017, c. 308, §6 (AMD).]

10. (TEXT EFFECTIVE UNTIL 1/05/26) Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1 , 2 or 4 that the defendant sold, furnished, gave away or offered to sell, furnish or give away a tobacco product in violation of subsection 5‑A in reasonable reliance upon a fraudulent proof of age presented by the purchaser. [PL 2017, c. 308, §6 (AMD).]

10. (TEXT EFFECTIVE 1/05/26) Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1 , 2 or 4 that the defendant sold or furnished, or offered to sell or furnish, a tobacco product in violation of subsection 5‑A in reasonable reliance upon a fraudulent proof of age presented by the purchaser. [PL 2025, c. 367, §11 (AMD); PL 2025, c. 367, §20 (AFF).]

11. Manner of displaying and offering for sale. Tobacco products may be displayed or offered for sale only in a manner that does not allow the purchaser direct access to the tobacco products. The requirements of this subsection do not apply to the display or offering for sale of tobacco products in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations in which the presence of minors is generally prohibited. This requirement does not preempt a municipal ordinance that provides for more restrictive regulation of the sale of tobacco products. [PL 1999, c. 314, §1 (NEW); PL 1999, c. 314, §2 (AFF).]

12. (TEXT EFFECTIVE 1/05/26) Prohibition on giving away a tobacco product. A tobacco retailer or tobacco distributor may not give away a tobacco product. [PL 2025, c. 367, §12 (NEW); PL 2025, c. 367, §20 (AFF).]
22 M.R.S. § 2947 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2947
22 §2947. Refusal to make anatomical gift and effect of refusal
Status: in_force

1. Refusal of individual. An individual may refuse to make an anatomical gift of the individual's body or part by: A. A record signed by: (1) The individual; or (2) Subject to subsection 2 , another individual acting at the direction of the individual if the individual is physically unable to sign; [PL 2007, c. 601, §2 (NEW).] B. The individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or [PL 2007, c. 601, §2 (NEW).] C. Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Individual acting at direction of individual. A record signed pursuant to subsection 1, paragraph A , subparagraph (2) must: A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and [PL 2007, c. 601, §2 (NEW).] B. State that it has been signed and witnessed as provided in paragraph A . [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

3. Amendment or revocation by individual. An individual may amend or revoke a refusal: A. In the manner provided in subsection 1 for making a refusal; [PL 2007, c. 601, §2 (NEW).] B. By subsequently making an anatomical gift pursuant to section 2945 that is inconsistent with the refusal; or [PL 2007, c. 601, §2 (NEW).] C. By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

4. Effect of unrevoked refusal. Except as otherwise provided in section 2948, subsection 7 , in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a part bars all other persons from making an anatomical gift of the individual's body or the part. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 4266 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4266
22 §4266. Severability and construction - Article 16 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Enforceable. The provisions of this chapter are severable, and if any phrase, clause, sentence or provision is determined unenforceable, the remaining provisions of the compact are enforceable. [PL 2007, c. 255, §6 (NEW).]

2. Provisions liberally construed. The provisions of this chapter may be liberally construed to effectuate its purposes. [PL 2007, c. 255, §6 (NEW).]

3. Concurrent applicability. Nothing in this chapter may be construed to prohibit the concurrent applicability of other interstate compacts of which the states are members. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 8707 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8707
22 §8707. Public access to data (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2013, c. 528, §12)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The board shall adopt rules to provide for public access to data and to implement the requirements of this section. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Public access; confidentiality. The board shall adopt rules making available to any person, upon request, information, except privileged medical information and confidential information, provided to the organization under this chapter as long as individual patients are not directly or indirectly identified through a reidentification process. The board shall adopt rules to protect the identity of certain health care practitioners, as it determines appropriate, except that the identity of practitioners performing abortions as defined in section 1596 must be designated as confidential and must be protected. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 457, §14 (AMD).]

2. Notice and comment period. The rules must establish criteria for determining whether information is confidential clinical data, confidential financial data or privileged medical information and adopt procedures to give affected health care providers and payors notice and opportunity to comment in response to requests for information that may be considered confidential or privileged. [PL 2003, c. 469, Pt. C, §27 (AMD).]

3. Public health studies. The rules may allow exceptions to the confidentiality requirements only to the extent authorized in this subsection. A. The board may approve access to identifying information for patients to the department and other researchers with established protocols that have been approved by the board for safeguarding confidential or privileged information. [PL 2001, c. 457, §15 (AMD).] B. The rules must ensure that: (1) Identifying information is used only to gain access to medical records and other medical information pertaining to public health; (2) Medical information about any patient identified by name is not obtained without the consent of that patient except when the information sought pertains only to verification or comparison of health data and the board finds that confidentiality can be adequately protected without patient consent; (3) Those persons conducting the research or investigation do not disclose medical information about any patient identified by name to any other person without that patient's consent; (4) Those persons gaining access to medical information about an identified patient use that information to the minimum extent necessary to accomplish the purposes of the research for which approval was granted; and (5) The protocol for any research is designed to preserve the confidentiality of all health care information that can be associated with identified patients, to specify the manner in which contact is made with patients and to maintain public confidence in the protection of confidential information. [PL 2001, c. 457, §15 (AMD).] C. The board may not grant approval under this subsection if the board finds that the proposed identification of or contact with patients would violate any state or federal law or diminish the confidentiality of health care information or the public's confidence in the protection of that information in a manner that outweighs the expected benefit to the public of the proposed investigation. [PL 2001, c. 457, §15 (AMD).] [PL 2001, c. 457, §15 (AMD).]

4. Certain confidential information. The board may determine financial data submitted to the organization under section 8709 to be confidential information if the public disclosure of the data will directly result in the provider of the data being placed in a competitive economic disadvantage. This section may not be construed to relieve the provider of the data of the requirement to disclose such information to the organization in accordance with this chapter and rules adopted by the board. [PL 2011, c. 524, §4 (AMD).]

5. Rules for release, publication and use of data. The rules must govern the release, publication and use of analyses, reports or compilations derived from the health data made available by the organization. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]
22 M.R.S. § 820 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 820
22 §820. Extreme public health emergency
Status: in_force

The provisions of this subchapter apply in the event of the declaration of an extreme public health emergency pursuant to section 802, subsection 2‑A and Title 37‑B, chapter 13, subchapter II . [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).]

1. Powers of the department. Upon the declaration of an extreme public health emergency, the department has the following powers. A. Upon request of the department, a health care provider, pharmacist, medical laboratory or veterinarian shall provide to the department health information directly related to a declared extreme public health emergency. [PL 2005, c. 383, §15 (AMD); PL 2005, c. 383, §24 (AFF).] B. The department may take a person into custody and order prescribed care of that person as provided in this subsection. (1) The department may act without a court order if: (a) The department has reasonable cause to believe that the person has been exposed to or is at significant medical risk of transmitting a communicable disease that poses a serious and imminent risk to public health and safety; (b) There are no less restrictive alternatives available to protect the public health and safety; and (c) The delay involved in securing a court order would pose an imminent risk to the person or a significant medical risk of transmission of the disease. (2) The department may act pursuant to a court order obtained under subsection 2 . (3) A person is exempt from examination, vaccination, medical care or treatment if alternative public health measures are available, even if those measures are more restrictive, and if: (a) The person demonstrates a sincere religious or conscientious objection to the examination, vaccination, medical care or treatment; or (b) The person is at known risk of serious adverse medical reaction to the vaccination or medical care or treatment. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] C. The department may implement rules to address the risk or potential risk of a shortage of health care workers. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 383, §16 (NEW).] D. The department may implement rules to address the need for dispensing drugs in an emergency situation. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 383, §16 (NEW).] [PL 2005, c. 383, §§15, 16 (AMD); PL 2005, c. 383, §24 (AFF).]

2. Judicial review. The following provisions apply to judicial review of the authority of the department under this subchapter. A. A hearing must be held before a judge of the District Court, a justice of the Superior Court or a justice of the Supreme Judicial Court as soon as reasonably possible but not later than 48 hours after the person is subject to prescribed care to determine whether the person must remain subject to prescribed care. A hearing under this paragraph may be waived in writing after notice of the effect of a waiver and an opportunity to consult with an attorney. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] B. Notice of the hearing must be served upon the person subject to prescribed care within a reasonable time before the hearing. The notice must specify: the time, date and place of the hearing; the grounds and underlying facts upon which the prescribed care is sought; the right to appear at the hearing, either in person, by electronic means or by representation, and to present and cross-examine witnesses; and the right to counsel. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] C. For a court to order prescribed care, the department must prove by clear and convincing evidence that: (1) The person has been exposed to or is at significant medical risk of transmitting a communicable disease that poses a serious imminent risk to public health or safety; and (2) There are no less restrictive alternatives available to protect the public health and safety. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] D. Within 24 hours of completion of the hearing, the court shall enter a finding approving prescribed care and shall issue an order of prescribed care for a period not to exceed 30 days or shall dismiss the petition and order the person released from prescribed care immediately. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] E. If the department determines that it is necessary to continue an order obtained under this subsection, the department shall petition the court that issued the order. The court shall hold a hearing in accordance with paragraphs B , C and D and shall make such orders as the court determines necessary, except that an order may not exceed 30 days in duration without further review by the court. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] F. The court may order applications under this section to be joined. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).] [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).]

3. Appeal. A person aggrieved by a court order issued under subsection 2 may appeal from that order to the Supreme Judicial Court. The order remains in effect pending appeal. Any findings of fact may not be set aside unless clearly erroneous. Pursuant to order of court, appeals under this section may be joined. The Maine Rules of Civil Procedure apply to the conduct of the appeals, except as otherwise specified in this subsection. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).]

4. Medical-legal advisory panel. [PL 2005, c. 383, §17 (RP); PL 2005, c. 383, §24 (AFF).]

5. Interpretation. The provisions of sections 817 , 818 , 819 and 824 must be interpreted to apply to this subchapter to the extent not inconsistent with this subchapter. [PL 2001, c. 694, Pt. A, §1 (NEW); PL 2005, c. 383, §24 (AFF).]
22 M.R.S. § 8709 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8709
22 §8709. Financial data; scope of service data
Status: in_force

Financial data and scope of service data must be filed, stored and managed as follows. [PL 1999, c. 353, §15 (AMD).]

1. Financial data. Each health care facility shall file with the organization, in a form specified by rule pursuant to section 8704 , financial information including costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges and units of services, except to the extent that the board specifies by rule that portions of this information are unnecessary. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1-A. Hospitals; standardized accounting template. When filing the financial information required under subsection 1 , a hospital also shall file information using the standardized accounting template published in the report of the Commission to Study Maine's Community Hospitals in February 2005. The hospital shall file this information using an electronic version of the template provided to the hospital by the organization. If in succeeding years the template needs to be modified, the board shall adopt rules specifying the filing requirements. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 394, §2 (NEW).]

2. Certification required. The board may require certification of such financial reports and attestation from responsible officials of the health care facility that such reports have to the best of their knowledge and belief been prepared in accordance with the requirements of the board. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

3. Scope of service data. Each health care facility shall file with the organization scope of service information, including bed capacity by service provided, special services, ancillary services, physician profiles in the aggregate by clinical specialties, nursing services and such other scope of service information as the organization determines necessary for the performance of its duties. [PL 1999, c. 353, §15 (NEW).]
22 M.R.S. § 254-D — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 254-D
22 §254-D. Elderly low-cost drug program
Status: in_force

The Department of Health and Human Services may conduct the elderly low-cost drug program to provide low-cost prescription and nonprescription drugs, medication and medical supplies to disadvantaged, elderly and disabled individuals. [PL 2005, c. 401, Pt. A, §2 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Beneficiary under Medicare Part D" means a person who is enrolled in Medicare Part D. [PL 2005, c. 401, Pt. A, §2 (NEW).] B. "Enrollee" means a person who receives benefits under the program. [PL 2005, c. 401, Pt. A, §2 (NEW).] C. "Household income" means family income as defined by the department for the purposes of this section. [PL 2005, c. 401, Pt. A, §2 (NEW).] D. "MaineCare member" means a person who receives benefits under the MaineCare program under chapter 855 . [PL 2005, c. 401, Pt. A, §2 (NEW).] E. "Manufacturer" means a manufacturer of prescription drugs and includes a subsidiary or affiliate of the manufacturer or a person or entity that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (1999). [PL 2005, c. 401, Pt. A, §2 (NEW).] F. "Medicare Part D" means the prescription drug benefit program provided under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173. [PL 2005, c. 401, Pt. A, §2 (NEW).] G. "Program" means the elderly low-cost drug program authorized in this section. [PL 2005, c. 401, Pt. A, §2 (NEW).] H. "Wholesale price" means the average price paid by a wholesaler to a manufacturer for a product distributed for retail sale. "Wholesale price" includes a deduction for any customary prompt payment discounts. [PL 2005, c. 401, Pt. A, §2 (NEW).] [PL 2005, c. 401, Pt. A, §2 (NEW).]

2. Administration. The commissioner shall provide sufficient personnel to ensure efficient administration of the program. The commissioner shall determine the extent and the magnitude of the program on the basis of the calculated need of the recipient population and the available funds. The department may not spend more on this program than is available through appropriations from the General Fund, dedicated revenue, federal or other grants and other established and committed funding sources. The commissioner may accept, for the purposes of carrying out this program, federal funds appropriated under any federal law relating to the furnishing of free or low-cost drugs to disadvantaged, elderly or disabled individuals and may take such action as is necessary for the purposes of carrying out that federal law and may accept from any other agency of government, individual, group or corporation such funds as may be available to carry out this chapter. The department may establish priorities of coverage and cost-sharing with available funds. Funds appropriated from the General Fund to carry out the purposes of this section may not lapse but must carry from year to year. [PL 2005, c. 401, Pt. A, §2 (NEW).]

3. Applications. The commissioner shall make available suitable applications for benefits under the program with instructions for applicants. Individuals who are eligible for benefits under both MaineCare and Medicare Part D may be deemed eligible for the program without the need for application. [PL 2005, c. 401, Pt. A, §2 (NEW).]

4. Conduct of program. This subsection governs the conduct of the program, including the basic, supplemental and catastrophic components, by the department. A. Prescription and nonprescription drugs, medications and medical supplies of manufacturers that enter into rebate agreements pursuant to paragraph H may be available under the program. The department may create and implement a preferred drug list. Drugs may be made available through the operation of the basic and supplemental components of the program as follows. (1) The basic component of the program must provide drugs and medications for cardiac conditions and high blood pressure, diabetes, arthritis, anticoagulation, hyperlipidemia, osteoporosis, chronic obstructive pulmonary disease and asthma, incontinence, thyroid diseases, glaucoma, parkinson's disease, multiple sclerosis and amyotrophic lateral sclerosis. The basic component must also provide over-the-counter medications that are prescribed by a health care provider and approved as cost-effective by the department. (2) The supplemental component of the program must provide all prescription drugs and medications of manufacturers that enter into rebate agreements pursuant to paragraph H other than those prescription drugs and medications provided under subparagraph (1). [PL 2005, c. 401, Pt. A, §2 (NEW).] B. An individual is eligible for the program if that individual: (1) Is a legal resident of the State; (2) Meets the income eligibility criteria set forth in this section or is eligible for both MaineCare and Medicare Part D; (3) Does not receive full MaineCare pharmaceutical benefits; and (4) Is at least 62 years of age, or is 19 years of age or older and determined to be disabled by the standards of the federal social security program. A person who was eligible for the program at any time from August 1, 1998 to July 31, 1999 and who does not meet the requirements of this subparagraph at the time of application or renewal retains eligibility for the program if that person is a member of a household of an eligible person. [PL 2023, c. 412, Pt. EEEEE, §§1-3 (AMD).] C. The department may require that an enrollee or applicant for the program who is otherwise eligible for Medicare Part D become a beneficiary under Medicare Part D unless the department determines that good cause exists for the person not to participate in Medicare Part D. [PL 2005, c. 401, Pt. A, §2 (NEW).] D. Income eligibility of individuals must be determined by this paragraph and by reference to the federal poverty guidelines for the 48 contiguous states and the District of Columbia, as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2, Public Law 97-35, reauthorized by Public Law 105-285, Section 201 (1998). If the household income is not more than 185% of the federal poverty guideline applicable to the household, the individual is eligible for the basic program and the supplemental program. Individuals are also eligible for the basic and the supplemental program if the household spends at least 40% of its income on unreimbursed direct medical expenses for prescription drugs and medications and the household income is not more than 25% higher than the levels specified in this paragraph. For the purposes of this paragraph, the cost of drugs provided to a household under this section is considered a cost incurred by the household for eligibility determination purposes. [PL 2019, c. 343, Pt. ZZ, §1 (AMD).] E. Specifications for the administration and management of the program may include, but are not limited to, program objectives, accounting and handling practices, supervisory authority and evaluation methodology. [PL 2005, c. 401, Pt. A, §2 (NEW).] F. The method of prescribing or ordering the drugs under paragraph A may include, but is not limited to, the use of standard or larger prescription refill sizes so as to minimize operational costs and to maximize economy. Unless the prescribing physician indicates otherwise or the department determines that it would not be cost-effective, the use of generic or chemically equivalent drugs is required, as long as these drugs are of the same quality and have the same mode of delivery as is provided to the general public, consistent with good pharmaceutical practice. [PL 2005, c. 401, Pt. A, §2 (NEW).] G. The commissioner may establish the amount of payment to be made by the program and by enrollees toward the cost of drugs and medications furnished under the program, including covered prescription and nonprescription drugs, medications and medical supplies, under the following terms. (1) For the basic component of the program, the total cost to an enrollee for the purchase of any covered drug or medication may not exceed the sum of $2 plus 20% of the price allowed for that drug or medication under program rules. (2) For the supplemental component of the program, the total cost to an enrollee for the purchase of any covered drug or medication may not exceed: (a) For a brand name drug or medication, the cost to the program for that drug or medication minus the $2 paid by the program; and (b) For a generic drug or medication, the sum of $2 plus 20% of the price allowed for that drug or medication under program rules. (3) For the catastrophic component of the program, the commissioner shall establish annual limits on the costs incurred by enrollees for drugs and medications covered under the program on or prior to May 31, 2001. After the limit is reached, the program must pay 80% of the cost of each drug and medication covered by the supplemental component of the program on May 31, 2001 minus $2. Any remaining amount is paid by the enrollee. The limits must be set by the commissioner by rule as necessary to operate the program within the program budget. [PL 2005, c. 401, Pt. A, §2 (NEW).] H. Payment must be denied for drugs from manufacturers that do not enter into a rebate agreement with the department. (1) Each agreement must provide that the manufacturer make rebate payments for both the basic and supplemental components of the program to the department according to the following schedule. (a) From October 1, 1992 to October 1, 1998, the rebate percentage is equal to the percentage recommended by the federal Center for Medicare and Medicaid Services of the manufacturer's wholesale price for the total number of dosage units of each form and strength of a prescription drug that the department reports as reimbursed to providers of prescription drugs, provided payments are not due until 30 days following the manufacturer's receipt of utilization data supplied by the department, including the number of dosage units reimbursed to providers of prescription drugs during the period for which payments are due. (b) Beginning October 1, 1998, the department shall seek to achieve an aggregate rebate amount from all rebate agreements that is 6 percentage points higher than that required by division (a), provided such rebates result in a net increase in the rebate revenue available to the elderly low-cost drug program. (2) Upon receipt of data from the department, the manufacturer shall calculate the quarterly payment. (a) If a discrepancy is discovered, the department may, at its expense, hire a mutually agreed-upon independent auditor to verify the manufacturer's calculation. (b) If a discrepancy is still found, the manufacturer shall justify its calculation or make payment to the department for any additional amount due. (c) The manufacturer may, at its expense, hire a mutually agreed-upon independent auditor to verify the accuracy of the utilization data provided by the department. If a discrepancy is discovered, the department shall justify its data or refund any excess payment to the manufacturer. (d) If the dispute over the rebate amount is not resolved, a request for a hearing with supporting documentation must be submitted to the department's division of administrative hearings. Failure to resolve the dispute may be cause for terminating the drug rebate agreement and denying payment to the manufacturer for any drugs. (3) A prescription drug of a manufacturer that does not enter into an agreement pursuant to this paragraph is reimbursable only if the department determines the prescription drug is essential. (4) All prescription drugs of a manufacturer that enters into an agreement pursuant to this paragraph that appear on the list of approved drugs under the program must be immediately available and the cost of the drugs must be reimbursed except as provided in this paragraph. The commissioner may impose prior authorization requirements on drugs under the program. If the commissioner establishes maximum retail prices for prescription drugs pursuant to section 2693 , the department shall adopt rules for the program requiring the use of a drug formulary and prior authorization for the dispensing of certain drugs to be listed on a formulary. (5) The names of manufacturers who do and do not enter into rebate agreements pursuant to this paragraph 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 that is of particular benefit to the public. [RR 2015, c. 1, §16 (COR).] I. The eligibility determination made by the department is final, subject to appeal in accordance with the appeal process established in the MaineCare program. [PL 2005, c. 401, Pt. A, §2 (NEW).] [PL 2023, c. 412, Pt. EEEEE, §§1-3 (AMD).]

5. Relationship to federal Medicare program. To the extent permitted by federal law and to the extent that funds are available, the department may: A. Serve as the authorized representative for enrollees for the purpose of enrollment in a Medicare Part D plan; [PL 2005, c. 401, Pt. A, §2 (NEW).] B. Apply for Medicare Part D benefits and subsidies on behalf of enrollees; [PL 2005, c. 401, Pt. A, §2 (NEW).] C. Establish rules by which enrollees may opt out of the procedures under paragraphs A and B ; [PL 2005, c. 401, Pt. A, §2 (NEW).] D. At its discretion, file exceptions and appeals pertaining to Medicare Part D eligibility or benefits on behalf of enrollees who are beneficiaries under Medicare Part D. The department may identify a designee for this function; [PL 2005, c. 401, Pt. A, §2 (NEW).] E. Identify objective criteria for evaluating Medicare Part D plans for the purposes of assisting or enrolling persons in those plans; [PL 2005, c. 401, Pt. A, §2 (NEW).] F. Deem eligible for and enroll in the program without the need for application individuals who are eligible for both MaineCare and Medicare Part D; [PL 2005, c. 401, Pt. A, §2 (NEW).] G. For enrollees who are also beneficiaries under or eligible for Medicare Part D: (1) Provide coverage of drugs to the same extent that coverage is available to enrollees who are not eligible for Medicare Part D; and (2) Provide assistance with premiums and other cost-sharing requirements of Medicare Part D; and [PL 2005, c. 401, Pt. A, §2 (NEW).] H. For enrollees who are MaineCare members and who are also beneficiaries under or eligible for Medicare Part D: (1) Provide coverage of drugs to the same extent that coverage is available to enrollees who are MaineCare members who are not eligible for Medicare Part D; and (2) Provide assistance with the cost of prescription drugs and premiums and other cost-sharing requirements of Medicare Part D. [PL 2005, c. 401, Pt. A, §2 (NEW).] [PL 2005, c. 401, Pt. A, §2 (NEW).]

6. Education, outreach and materials to increase access. The department shall provide education and outreach services to applicants and enrollees in the program, MaineCare members and beneficiaries under Medicare Part D to increase access to needed prescription and nonprescription drugs and fully use other private, state and federal programs. The department shall provide materials, which must cover the availability of benefits and the application process and must include brochures, posters for pharmacies and flyers for pharmacists to distribute with prescription drug purchases. [RR 2005, c. 1, §4 (COR).]

7. Rulemaking. The commissioner may adopt rules to implement the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 401, Pt. A, §2 (NEW).]

8. Emergency drug coverage. The department shall provide emergency drug coverage to an enrollee when: A. A medically necessary drug prescribed for the enrollee is not on the enrollee's Medicare Part D prescription drug plan formulary, is not provided for in the dosage or amount necessary or is on the formulary as a nonpreferred drug; [PL 2005, c. 519, Pt. AAA, §1 (NEW).] B. The enrollee's initial prior authorization request was not approved by the Medicare Part D prescription drug plan; and [PL 2005, c. 519, Pt. AAA, §1 (NEW).] C. The drug is available as a preferred drug under either the program or MaineCare or is available from these programs with prior authorization and the enrollee has received or would receive prior authorization approval. [PL 2005, c. 519, Pt. AAA, §1 (NEW).] [PL 2005, c. 519, Pt. AAA, §1 (NEW).]
22 M.R.S. § 2942 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2942
22 §2942. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 601, §2 (NEW).]

1. Agent. "Agent" means an individual: A. Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or [PL 2007, c. 601, §2 (NEW).] B. Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Anatomical gift. "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. [PL 2007, c. 601, §2 (NEW).]

3. Chief Medical Examiner. "Chief Medical Examiner" means the Office of Chief Medical Examiner within the Office of the Attorney General. [PL 2017, c. 475, Pt. A, §32 (AMD).]

4. Decedent. "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. "Decedent" includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus. [PL 2007, c. 601, §2 (NEW).]

5. Disinterested witness. "Disinterested witness" means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual and who is familiar with the individual's personal values. "Disinterested witness" does not include a person to which an anatomical gift could pass under section 2951 . [PL 2021, c. 567, §22 (AMD).]

6. Document of gift. "Document of gift" means a donor card, advance directive or other record used to make an anatomical gift. "Document of gift" also means inclusion in a donor registry. [PL 2007, c. 601, §2 (NEW).]

7. Donor. "Donor" means an individual whose body or part is the subject of an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

8. Donor registry. "Donor registry" means the Maine Organ Donor Registry maintained under Title 29‑A, section 1402‑A as well as any other electronic database that identifies donors and complies with section 2958 . [PL 2007, c. 601, §2 (NEW).]

9. Driver's license. "Driver's license" means a license or permit issued by the Secretary of State to operate a vehicle whether or not conditions are attached to the license or permit. [PL 2007, c. 601, §2 (NEW).]

10. Eye bank. "Eye bank" means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. [PL 2007, c. 601, §2 (NEW).]

11. Guardian. "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of an individual. "Guardian" does not include a guardian ad litem. [PL 2007, c. 601, §2 (NEW).]

12. Hospital. "Hospital" means a facility licensed as a hospital under chapter 405 or the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state. [PL 2007, c. 601, §2 (NEW).]

13. Identification card. "Identification card" means a nondriver identification card issued by the Secretary of State under Title 29‑A, section 1410 . [PL 2007, c. 601, §2 (NEW).]

14. Know. "Know" means to have actual knowledge. [PL 2007, c. 601, §2 (NEW).]

15. Organ procurement organization. "Organ procurement organization" means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. [PL 2007, c. 601, §2 (NEW).]

16. Parent. "Parent" means a parent whose parental rights have not been terminated. [PL 2007, c. 601, §2 (NEW).]

17. Part. "Part" means an organ, an eye or tissue of a human being. "Part" does not include the whole body. [PL 2007, c. 601, §2 (NEW).]

18. Person. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. [PL 2007, c. 601, §2 (NEW).]

19. Physician. "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state. [PL 2007, c. 601, §2 (NEW).]

20. Procurement organization. "Procurement organization" means an eye bank, organ procurement organization or tissue bank. [PL 2007, c. 601, §2 (NEW).]

21. Prospective donor. "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. "Prospective donor" does not include an individual who has made a refusal that is known by the procurement organization. [PL 2007, c. 601, §2 (NEW).]

22. Reasonably available. "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

23. Recipient. "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted. [PL 2007, c. 601, §2 (NEW).]

24. Record. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 2007, c. 601, §2 (NEW).]

25. Recovery agency. "Recovery agency" means an eye bank, organ procurement organization, tissue bank, educational institution or research organization that participates in or facilitates the execution of an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

26. Refusal. "Refusal" means a record created under section 2947 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. [PL 2007, c. 601, §2 (NEW).]

27. Registered domestic partner. [PL 2021, c. 567, §23 (RP).]

28. Sign. "Sign" means, with the present intent to authenticate or adopt a record: A. To execute or adopt a tangible symbol; or [PL 2007, c. 601, §2 (NEW).] B. To attach or logically associate with the record an electronic symbol, sound or process. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

29. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. [PL 2007, c. 601, §2 (NEW).]

30. Technician. "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. "Technician" includes an enucleator. [PL 2007, c. 601, §2 (NEW).]

31. Tissue. "Tissue" means a portion of the human body other than an organ or an eye. "Tissue" does not include blood unless the blood is donated for purposes of research or education. [PL 2007, c. 601, §2 (NEW).]

32. Tissue bank. "Tissue bank" means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue. [PL 2007, c. 601, §2 (NEW).]

33. Transplant hospital. "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3174-E — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-E
22 §3174-E. Interim assistance agreement
Status: in_force

The department, with the approval of the Governor and on behalf of the State, may enter into an agreement with the United States Social Security Administration for the purpose of receiving reimbursement for interim assistance payments as provided by the United States Social Security Act. [PL 1989, c. 502, Pt. A, §71 (RPR).]
22 M.R.S. § 3737 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3737
22 §3737. Payments to providers
Status: in_force

1. No payments to recipients. The department may not make cash payments to recipients for child care services provided under this chapter, except when those payments represent reimbursement for services already provided to the recipient. [PL 1993, c. 158, §2 (NEW).]

2. Maintenance of existing options. The department shall ensure that child care funds are distributed through a range of mechanisms, including, but not limited to, vouchers to recipients and contracts to providers. [PL 1993, c. 158, §2 (NEW).]

3. Quality differential. To the extent permitted by federal law, the department shall pay a differential rate for child care services that meet or that make substantial progress toward meeting nationally recognized quality standards, such as those standards required by the Head Start program or required for accreditation by the National Association for the Education of Young Children, and shall do so from the Child Care Development Fund 25% Quality Set-aside funds or by other acceptable federal practices. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . The rules must establish a child care quality rating system with a minimum of 3 steps and must provide for graduated quality differential rates for steps that demonstrate that a child care provider meets or makes substantial progress toward meeting nationally recognized quality standards. The rules must provide that child care providers accredited by the National Association for the Education of Young Children, the American Montessori Society, the National Association for Family Child Care or the Council on Accreditation, or any of their successor organizations, or a Head Start program that meets national Head Start standards, receive the highest rating under the child care quality rating system. A. [PL 2013, c. 559, §1 (RP).] B. [PL 2013, c. 559, §1 (RP).] This subsection does not require the department to pay a quality differential rate for child care services provided through the Temporary Assistance for Needy Families block grant. [PL 2025, c. 247, §1 (AMD).]

4. Child care rates. The department shall establish payment rates for child care services that are up to the 75th percentile of local market rates for the various categories of child care services. The payment rates for child care services for children with special needs may be higher than the 75th percentile of local market rates. [PL 2017, c. 412, §1 (NEW).]

5. Payments to providers within 15 days. The department shall reimburse a provider of child care services provided under this chapter within 15 days after receiving a complete and accurate invoice if the provider has met all the required state procurement and payment requirements. [PL 2023, c. 412, §5 (NEW).]

6. Direct contracts with child care providers. In order to increase the availability of child care in the State and to better stabilize payment practices for providers of child care, the office may directly contract with providers of child care to provide contracted child care slots to those providers in accordance with this subsection. A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Direct contract" means a contract entered into by the office with a provider of child care to provide contracted child care slots. (2) "Office" means the Office of Child and Family Services established in section 5308. [PL 2025, c. 323, §1 (NEW).] B. The office shall use direct contracts to increase the availability of child care for children under 3 years of age, children with disabilities and children in underserved geographic areas. [PL 2025, c. 323, §1 (NEW).] C. The office may use direct contracts to increase the availability of child care for children other than children identified in paragraph B based on priorities identified by the office. Such priorities may include, but are not limited to, homeless children, children who are receiving services under the child welfare system, children who need care during nontraditional hours, children for whom English is a 2nd language and other regional child care needs. [PL 2025, c. 323, §1 (NEW).] D. The office shall review regional needs assessment information to determine priorities for the use of direct contracts, including, but not limited to, needs assessment information from Head Start programs and early childhood learning and development resource groups. [PL 2025, c. 323, §1 (NEW).] E. To the extent permitted by federal law, the office may use funding from any public or private source for the purposes of this subsection. [PL 2025, c. 323, §1 (NEW).] F. The office shall adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 323, §1 (NEW).] [PL 2025, c. 323, §1 (NEW).]
22 M.R.S. § 2011 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2011
22 §2011. Short title
Status: in_force

This Act may be cited as the "Maine Medical Laboratory Act." [PL 1975, c. 218 (RPR).]
22 M.R.S. § 5106 — ME Code / Title 22 / Subtitle 4 / Chapter 1453 / Section 5106
22 §5106. Powers and duties
Status: in_force

The department shall establish, in accordance with the purposes and intent of this Part, the overall planning, policy, objectives and priorities for all functions and activities conducted or supported in the State that relate to Maine's aging population and incapacitated and dependent adults. In order to carry out the above, the department has the power and duty to: [PL 2011, c. 657, Pt. BB, §9 (AMD).]

1. Encourage and assist development. Encourage and assist development of more coordinated use of existing and new resources and services relating to Maine's aging population and incapacitated and dependent adults; [PL 1989, c. 329, §16 (AMD).]

2. Information system. Develop and maintain an up-to-date information system related to Maine's aging population and incapacitated and dependent adults. The information must be available for use by the people of Maine, the political subdivisions, public and private nonprofit agencies and the State. Educational materials must be prepared, published and disseminated. Objective devices and research methodologies must be continuously developed. Maintaining statistical information through uniform methods that are reasonably feasible and economically efficient must be specified for use by public and private agencies, organizations and individuals. Existing sources of information must be used to the fullest extent possible, while maintaining confidentiality safeguards of state and federal law. Information may be requested and received from any state government or public or private agency. To the extent reasonable and feasible, information must maintain compatibility with federal information sharing standards. Functions of this information system include, but are not limited to: A. Conducting research on the causes and nature of problems relating to Maine's aging population and incapacitated and dependent adults; [PL 1989, c. 329, §16 (AMD).] B. Collecting, maintaining and disseminating such knowledge, data and statistics related to Maine's aging population and incapacitated and dependent adults as will enable the department to fulfill its responsibilities; [PL 2011, c. 657, Pt. BB, §9 (AMD).] C. Determining through a detailed survey the extent of problems relating to Maine's aging population and incapacitated and dependent adults and the needs and priorities for solving such problems in the state and political subdivisions; [PL 1989, c. 329, §16 (AMD).] D. Maintaining an inventory of the types and quantity of facilities, programs and services operated under public or private auspices for Maine's aging population and incapacitated and dependent adults. This function must include the unduplicated count, location and characteristics of people served by each facility, program or service; and the amount, type and source of resources supporting functions related to Maine's aging population and incapacitated and dependent adults; and [PL 2011, c. 657, Pt. BB, §9 (AMD).] E. Conducting a continuous evaluation of the impact, quality and value of facilities, programs and services, including their administrative adequacy and capacity. Activities operated by or with the assistance of the State and the Federal Government must be evaluated. Activities to be included, but to which the department is not limited, are those relating to education, employment and vocational services, income, health, housing, transportation, community, social, rehabilitation, protective services and public guardianship or conservatorship for older people and incapacitated and dependent adults and programs such as the supplemental security income program, Medicare, Medicaid, property tax refunds and the setting of standards for the licensing of nursing, intermediate care and boarding homes. Included are activities as authorized by this and so much of the several Acts and amendments to them enacted by the people of the State and those authorized by United States Acts and amendments to them such as the: (1) Elderly Householders Tax and Rent Refund Act of 1971; (2) Priority Social Services Act of 1973; (3) Chapter 470 of the public laws of 1969 creating the State Housing Authority; (4) United States Social Security Act of 1935; (5) United States Housing Act of 1937; (6) United States Older Americans Act of 1965; (7) United States Age Discrimination Act of 1967; (8) Home Based Care Act of 1981; (9) Congregate Housing Act of 1979; (10) Adult Day Care Services Act of 1983; (11) Adult Day Care Licensing Act of 1987; (12) Adult Protective Services Act of 1981; (13) The Maine Uniform Probate Code, Title 18-C ; (14) The Americans with Disabilities Act of 1990; (15) The Developmental Disabilities Assistance and Bill of Rights Act of 2000; and (16) The ADA Amendments Act of 2008; [PL 2017, c. 402, Pt. C, §72 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. C, §72 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Coordination of efforts. Assist the Legislative and Executive Branches of State Government, especially the Governor and the Bureau of the Budget, to coordinate all State Government efforts relating to Maine's aging population and incapacitated and dependent adults, by: A. [PL 2019, c. 612, §2 (RP).] B. Reviewing all proposed legislation, fiscal activities, plans, policies and other administrative functions relating to Maine's aging population and incapacitated and dependent adults made by or requested of all state agencies. The department has the authority to submit to those bodies findings, comments and recommendations, which are advisory. Such findings and comments must recommend what modification in proposals or actions is required to make proposed legislation, fiscal activities and administrative activities consistent with such policies and priorities; and [PL 2011, c. 657, Pt. BB, §9 (AMD).] C. Making recommendations to the respective branches of State Government related to improving the quality of life of Maine's aging population and incapacitated and dependent adults, and shall consult with and be consulted by all responsible state agencies regarding the policies, priorities and objectives of functions related to Maine's aging population and incapacitated and dependent adults; [PL 2011, c. 657, Pt. BB, §9 (AMD).] [PL 2019, c. 612, §2 (AMD).]

4. Comprehensive state plan. Prepare and administer a comprehensive state plan relating to Maine's aging population and incapacitated and dependent adults, developed by the department subject to the direction of the commissioner. The comprehensive state plan must be implemented for the purpose of coordinating all activities and of assuring compliance with applicable state and federal laws and regulations relating to Maine's aging population and incapacitated and dependent adults. Implementation of this duty means that the department has the authority, through a review process, to advise on the preparation and administration of any portion of any state plan relating to Maine's aging population and incapacitated and dependent adults, prepared and administered by any agency of State Government for submission to the Federal Government to obtain federal funding under federal legislation. Such state plans, or portions thereof, must include, but are not limited to, all state plans dealing with education, employment and vocational services, income, health, housing, protective services, public guardianship and conservatorship, rehabilitation, social services, transportation and welfare. The department shall advise the commissioner and Governor on preparation of and provisions to be included in such plans relating to Maine's aging population and incapacitated and dependent adults; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

5. Programs. Plan, establish and maintain necessary or desirable programs for individuals or groups of individuals. The department may use the full range of its powers and duties to serve Maine's aging population and incapacitated and dependent adults through indirect services provided by agreement and through direct services provided by state employees; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

6. Organizational unit. Function as the organizational unit of State Government with sole responsibility for conducting and coordinating, subject to the direction of the commissioner, programs authorized by this Part and so much of the several Acts, amendments and successors to them enacted by the people of the State and those authorized by the United States Acts, amendments and successors to them as relate to Maine's aging population and incapacitated and dependent adults: A. The 1973 Act of Maine's Elderly; [PL 1973, c. 793, §6 (NEW).] B. The Priority Social Service Act of 1973, including only meals for older people, transportation for older people and coordinated elderly programs; [PL 1989, c. 329, §16 (AMD).] C. The United States Older Americans Act of 1965; and [PL 1989, c. 329, §16 (AMD).] D. Adult Protective Services Act of 1981. [PL 1989, c. 329, §16 (NEW).] The department is designated as the single agency of State Government solely responsible for administering, subject to the direction of the commissioner, any state plans as may be required by the above Acts, and for administering programs of Acts of the State or United States relating to Maine's aging population and incapacitated and dependent adults that are not the specific responsibility of another state agency under state or federal law; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

7. Mobilize resources. Help communities mobilize their resources to benefit Maine's aging population and incapacitated and dependent adults. The department shall provide or coordinate the provision of information, technical assistance and consultation to state, regional and local governments, and to public and private nonprofit agencies, institutions, organizations and individuals. The help is for the purpose of encouraging, developing and assisting with the initiation, establishment and administration of any plans, programs or services with a view to the establishment of a statewide network of comprehensive, coordinated services and opportunities for Maine's aging population and incapacitated and dependent adults. Included in this duty is authority to coordinate the efforts and enlist the assistance of all public and private agencies, organizations and individuals interested in Maine's aging population and incapacitated and dependent adults; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

8. Funds. Seek and receive funds from the Federal Government and private sources to further its activities. Included in this function is authority to solicit, accept, administer, disburse and coordinate for the State in accordance with the intent, objectives and purposes of this Part; and within any limitation that may apply from the sources of such funds, the efforts to obtain and the use of any funds from any source to benefit Maine's aging population and incapacitated and dependent adults. Any gift of money or property made by will or otherwise, and any grant or other funds appropriated, services or property available from the Federal Government, the State or any political subdivision thereof and from all other sources, public or private, may be accepted and administered. The department may do all things necessary to cooperate with the Federal Government or any of its agencies in making application for any funds. Included in this duty is authority to advise regarding the disbursement of all state funds, or funds administered through agencies of State Government, appropriated or made available to benefit Maine's aging population and incapacitated and dependent adults; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

9. Agreements. Enter into agreements necessary or incidental to the performance of its duties. Included is the power to make agreements with qualified community, regional and state level, private nonprofit and public agencies, organizations and individuals in this and other states to develop or provide facilities, programs and services for Maine's aging population and incapacitated and dependent adults. Agreements with such agencies, organizations and individuals may be executed only with agencies reviewed by the area agency pursuant to section 5116, subsection 1, paragraph B . The department may engage expert advisors and assistants, who may serve without compensation or may be compensated to the extent funds may be available by appropriation, grant or allocation from a state department. The department may pay for such expert advisors or assistants; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

10. Rules. Prepare, adopt, amend, rescind and administer, subject to the direction of the commissioner, policies, priorities, procedures and rules to govern its affairs and the development and operation of facilities, programs and services. The department may adopt rules to carry out the powers and duties pursuant to this Part and in accordance with the purpose and objectives of this Part. It shall especially adopt such rules as may be necessary to define contractual terms, conditions of agreements and all other rules as are necessary for the proper administration of this Part. Such adoption, amendment and rescission must be made as provided under the Maine Administrative Procedure Act; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

11. Educational program. Develop and implement, as an integral part of programs, an educational program; assist in the development of, and cooperation with, educational programs for employees of state and local governments and businesses and industries in the State; and convene and conduct conferences of public and private nonprofit organizations concerned with the development and operation of programs for Maine's aging population and incapacitated and dependent adults. Included is the power to sponsor the Blaine House Conference on Aging; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

11-A. Elderly Legal Services Program. Support and maintain an Elderly Legal Services Program, by agreement with such nonprofit organization as the department finds best able to provide direct services to those of Maine's elderly in greatest economic and social need throughout the State; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

11-B. Adult protective services. Administer a program of protective services as provided in chapter 958-A designed to protect incapacitated and dependent adults from abuse, neglect, exploitation and physical danger. The program is described in the Adult Protective Services Act; [PL 2011, c. 542, Pt. A, §40 (AMD).]

11-C. Long-term care ombudsman program. Support and maintain a long-term care ombudsman program, in accordance with the federal 1987 Older Americans Act, 42 United States Code, as amended, by agreement with such nonprofit organization as the department finds best able to provide the services; [PL 2011, c. 657, Pt. BB, §9 (AMD).]

12. Training programs. Foster, develop, organize, conduct or provide for the conduct of training programs for persons in the field of serving Maine's aging population and incapacitated and dependent adults; [PL 1989, c. 329, §16 (NEW).]

13. Coordinate activities. Coordinate activities and cooperate with programs in this and other states for the common advancement of programs for Maine's aging population and incapacitated and dependent adults; and [PL 2011, c. 657, Pt. BB, §9 (AMD).]

14. Establish and maintain an office. [PL 2011, c. 657, Pt. BB, §9 (RP).]

15. Duties. Do such other acts and exercise such other powers necessary or convenient to execute and carry out the purposes and authority expressly granted in this Part. [PL 1973, c. 793, §6 (NEW).]
22 M.R.S. § 1782 — ME Code / Title 22 / Subtitle 2 / Chapter 404 / Section 1782
22 §1782. Visitation
Status: in_force

Each of the licensed hospitals or houses shall be visited at least once a year, and oftener if the Commissioner of Health and Human Services so directs, by a member of the Department of Health and Human Services, who shall carefully inspect every part of the hospital or house visited with reference to its cleanliness and sanitary conditions and who shall make a report to the department with such recommendations to improve conditions as the department deems necessary. [PL 1983, c. 459, §2 (NEW); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]
22 M.R.S. § 7251 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7251
22 §7251. Unlawful acts and penalties
Status: in_force

1. Failure to submit information. A dispenser who knowingly fails to submit prescription monitoring information to the department as required by this chapter commits a civil violation for which a fine of $250 per incident, not to exceed $5,000 per calendar year, may be adjudged and is subject to discipline by the Maine Board of Pharmacy pursuant to Title 32, chapter 117, subchapter 4 , by the State Board of Veterinary Medicine pursuant to Title 32, chapter 71-A or by the applicable professional licensing entity. [PL 2017, c. 360, §5 (AMD).]

2. Unlawful disclosure or use of information. A person who intentionally or knowingly uses or discloses prescription monitoring information in violation of this chapter, unless otherwise authorized by law, is guilty of a Class C crime. [PL 2003, c. 483, §1 (NEW).]
22 M.R.S. § 2706-A — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2706-A
22 §2706-A. Adoption contact files
Status: in_force

1. File. The state registrar shall maintain files of the names and addresses of adopted persons and their adoptive and genetic parents who have registered under this section. [PL 2021, c. 49, §5 (AMD).]

2. Registration. This subsection governs participation in the adoption registry. A. The following persons may register their names and addresses with the state registrar and request contact: (1) A person who is 18 years of age or older and: (a) Who was adopted; (b) Whose adoption was annulled; (c) Whose adoptive parents surrendered and released parental rights to that person or had their parental rights terminated; or (d) Who was freed for adoption but was never subsequently adopted; (2) An adoptive parent if: (a) The adopted person is under 18 years of age; (b) The adopted person is deceased; or (c) The adopted person is at least 18 years of age and is determined by a court to be incapacitated; and (3) The legal custodian or guardian of: (a) A person whose adoption was annulled, who was surrendered and released by that person's adoptive parents or whose adoptive parents' parental rights were terminated; (b) An adopted person under 18 years of age who: (i) Has been removed from the custody or guardianship of that person's adoptive parents by order of a court; or (ii) Was freed for adoption but was never subsequently adopted; or (c) An adopted person who is at least 18 years of age and has been determined by a court to be incapacitated. [PL 1989, c. 818, §4 (RPR).] B. The following persons may register their names and addresses with the state registrar and request contact with an adopted person or a person freed for adoption as specified in paragraph A : (1) A genetic parent of an adopted person or of a person freed for adoption but not subsequently adopted; (2) The legal custodian or guardian of a person under 18 years of age whose full sibling or half-sibling is an adopted person or a person freed for adoption; (3) If a genetic parent of an adopted person or a person freed for adoption is deceased, a genetic mother, legal father, grandparent, sibling, half-sibling, sibling of the person's deceased genetic parent or that sibling's spouse or first cousin of the deceased genetic parent; and (4) A genetic sibling or half-sibling, who is at least 18 years of age, of an adopted person or a person freed for adoption. [RR 2021, c. 2, Pt. B, §136 (COR).] C. At the time of registration, each registrant shall indicate with which of the persons specified in paragraphs A and B contact is desired. [PL 1989, c. 818, §4 (RPR).] D. A registrant may withdraw from the adoption registry at any time by submitting a written request to the state registrar. [PL 1989, c. 818, §4 (NEW).] E. When an adopted person reaches 18 years of age and has not been determined by a court to be incapacitated, the state registrar, after mailing notice to the registrant, shall delete from the adoption registry any prior registration under paragraph A , subparagraph (2), division (a), or subparagraph (3), division (b). [PL 1989, c. 818, §4 (NEW).] [RR 2021, c. 2, Pt. B, §136 (COR).]

3. Certification of identity and relationship. The state registrar shall require each person registering or requesting contact to provide certification of the registrant's identity and relationship to the person with whom contact is desired and any additional information that is necessary to ensure accurate identification of the registrant and assist in identifying the other party. [PL 1989, c. 818, §5 (RPR).]

3-A. Providing information about available counseling. The state registrar shall provide information about sources of counseling to any person registering or requesting contact. [PL 1989, c. 818, §6 (NEW).]

4. Reviewing departmental files. The state registrar may review both public and confidential departmental files to assist in identifying or verifying the identification of the other party. If both parties have registered, the state registrar may release those names and addresses even if the relationship was identified or verified by the use of confidential departmental files. The state registrar may charge a fee for the assistance, which must reasonably reflect the cost of providing it. [PL 2021, c. 49, §5 (AMD).]

5. Request for contact. When the state registrar has requests for contact from a person specified in subsection 2, paragraph A and a person specified in subsection 2, paragraph B that are related to the same adoption and both persons indicated at the time of registration that contact with the other person was desired, the state registrar shall notify each party of the name and address of the other party and of sources of counseling. If a genetic parent, an adoptive parent or an adopted person registered under this section has made a request for contact and the party being sought died in the State, the state registrar shall disclose to the requesting party the fact that the genetic parent, adoptive parent or the adopted person has died. [PL 2021, c. 49, §5 (AMD).]

6. Confidentiality. Except as provided in subsection 5 , the files established under this section are confidential and not open to public inspection. [PL 2021, c. 49, §5 (AMD).]

7. Public information. The state registrar shall, by appropriate means, make known to the public the existence of the adoption contact files, the assistance the department may offer and the purposes of those files. [PL 1979, c. 384 (NEW).]
22 M.R.S. § 1711-G — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-G
22 §1711-G. Designated lay caregivers
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Aftercare" means any assistance to a patient, after the patient's discharge, that is directly related to the content of the patient's hospital discharge plan and that is provided by a lay caregiver designated pursuant to subsection 2 , including assistance with basic or instrumental activities of daily living, performance of medical and nursing tasks, assistance in administering medication and operation of medical equipment. [PL 2015, c. 370, §6 (NEW).] B. "Discharge" means a patient's exit or release from a hospital to the patient's residence or another health care setting following any medical care or treatment at the hospital or observation at the hospital for a period that includes midnight of at least one calendar day. [PL 2015, c. 370, §6 (NEW).] C. "Residence" means a dwelling that a person considers to be the person's home. "Residence" does not include a rehabilitation facility, hospital, nursing home, assisted living facility, group home or any other health care facility licensed by the State. [PL 2015, c. 370, §6 (NEW).] [PL 2015, c. 370, §6 (NEW).]

2. Designation of lay caregiver. In accordance with this subsection, a hospital licensed under chapter 405 , but not a private mental hospital as described in chapter 404 , shall allow for the designation of a lay caregiver to provide aftercare to a patient. A. For a patient with capacity to make health care decisions, as described in Title 18‑C, Article 5, Part 8 , the hospital shall provide the patient with at least one opportunity to designate a lay caregiver following the patient's admission to the hospital, or observation at the hospital for a period that includes midnight of at least one calendar day, and prior to the patient's discharge. [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. For a patient without capacity to make health care decisions, as described in Title 18‑C, Article 5, Part 8 , the hospital shall provide the patient's legal guardian, agent or surrogate who is reasonably available and acting pursuant to Title 18‑C, Article 5, Part 8 with at least one opportunity to designate a lay caregiver following the patient's admission to the hospital, or observation at the hospital for a period that includes midnight of at least one calendar day, and prior to the patient's discharge. [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] C. The hospital shall document the designation of a lay caregiver under this subsection in the patient's medical record, including the lay caregiver's name, relationship to the patient, telephone number, address and any other contact information as provided. If the patient or the patient's legal guardian, agent or surrogate who is reasonably available and acting pursuant to Title 18‑C, Article 5, Part 8 declines to designate a lay caregiver, the hospital shall document that decision in the patient's medical record and that documentation constitutes compliance by the hospital with the requirements of this section. A designated lay caregiver may be removed or changed by the patient or the patient's legal guardian, agent or surrogate at any time, so long as the change or removal is documented by the hospital in the patient's medical record. [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Designation of a lay caregiver under this subsection by the patient or the patient's legal guardian, agent or surrogate who is reasonably available and acting pursuant to Title 18‑C, Article 5, Part 8 is optional. A designated lay caregiver is not obligated under this section to perform any aftercare tasks for the patient. [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Written consent. If a lay caregiver is designated under subsection 2 , the hospital shall request that the patient or the patient's legal guardian, agent or surrogate who is reasonably available and acting pursuant to Title 18‑C, Article 5, Part 8 provide written consent to release medical information regarding the scope of care to the patient's designated lay caregiver to carry out the purposes of this section. Written consent under this subsection must be provided pursuant to the hospital's established procedures for releasing personal health information and in compliance with state and federal law. [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Notice to designated lay caregiver. For a patient unable to effectively communicate with a lay caregiver designated under subsection 2 , and for whom written consent is received under subsection 3 , a hospital shall make reasonable efforts to notify the designated lay caregiver prior to the patient's discharge or transfer to another hospital licensed under chapter 405 . The hospital may not withhold, delay or otherwise fail to deliver medical care to the patient or an appropriate discharge or transfer of the patient because the hospital is unable to notify the designated lay caregiver in accordance with this subsection prior to the patient's discharge or transfer. A hospital shall document in the patient's medical record its attempt to notify the designated lay caregiver under this subsection. [PL 2015, c. 370, §6 (NEW).]

5. Discharge plan. If written consent is received under subsection 3 , a hospital shall make reasonable efforts to communicate with a lay caregiver designated under subsection 2 regarding the development of a patient's discharge plan to help prepare the designated lay caregiver for the patient's aftercare needs at the patient's residence in accordance with the hospital's discharge policy. [PL 2015, c. 370, §6 (NEW).]

6. Instruction to designated lay caregiver. If written consent is received under subsection 3 , prior to a patient's discharge, the hospital shall make reasonable efforts to instruct the patient's lay caregiver designated under subsection 2 , in a culturally competent manner, on how to meet the patient's aftercare needs and shall provide a meaningful opportunity for the designated lay caregiver to ask questions about the patient's discharge plan. [PL 2015, c. 370, §6 (NEW).]

7. Noninterference with health care directives. The provisions of this section may not be construed to interfere with the rights of an agent of a patient operating under a valid health care directive under Title 18‑C, Article 5, Part 8 . [PL 2017, c. 402, Pt. C, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

8. Rules. The department may adopt rules to carry out the purposes of this section, including defining the content and scope of any instruction given under subsection 5 or 6 . In the development of any rules pursuant to this subsection, the department shall consult with representatives of hospitals, consumers and organizations that represent seniors. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 370, §6 (NEW).]
22 M.R.S. § 1558 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1558
22 §1558. Revocation or suspension procedure
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Violation of law or rule. Upon discovering a violation of state law or rule related to retail tobacco sales, the commissioner or the commissioner's designee shall: A. Report the violation to the District Court in a signed complaint; or [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] B. Issue warnings to the licensees involved. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2. Notice and hearing. Except as provided under subsection 7 , upon receipt of a signed complaint prepared under subsection 1, paragraph A , notice must be provided and a hearing must be held according to the following procedures. A. The commissioner or the commissioner's designee shall notify the licensee or the licensee's agent or employee by serving the licensee or the licensee's agent or employee with a copy of the complaint and a notice that states the time and place of the hearing and that the licensee or the licensee's agent or employee may appear in person or be represented by counsel at the hearing. Service of the complaint and hearing notice upon the licensee is sufficient when served in hand by the commissioner's designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the licensee at the time of application for a license. Service of the complaint and hearing notice upon a licensee's agent or employee is sufficient when served in hand by the commissioner’s designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the agent or employee at the time the agent or employee was initially notified by the department of the violation. The commissioner or the commissioner’s designee shall file proof of service with the District Court. [PL 2009, c. 199, §5 (AMD).] B. The District Court shall conduct a hearing limited to the facts, laws and rules specified in the complaint. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] C. The District Court shall conduct the hearing in the following manner. (1) The District Court may administer oaths to witnesses and issue subpoenas at the request of any party, including subpoenas to compel the attendance of parents and legal guardians of unemancipated minors. (a) The department shall pay to the witnesses the legal fees for travel and attendance, except that, notwithstanding Title 16, section 253 , the department is not required to pay the fees before the travel and attendance occur. (2) Hearsay testimony is not admissible during the hearing. The licensees, agents or employees named in the complaint have the right to have all witnesses testify in person at the hearing. (3) The District Court shall render a decision in each case based on the facts, laws and rules cited in the complaint. The findings must specify the facts found and the laws or rules violated. [PL 2009, c. 199, §5 (AMD).] [PL 2009, c. 199, §5 (AMD).]

3. Suspension or revocation decision. [PL 2011, c. 559, Pt. A, §22 (RP).]

4. Suspension of penalty; case on file. After the hearing, the District Court may: A. Suspend a penalty; or [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. Place a case on file instead of imposing a penalty. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

5. Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner. A. If a licensee is interested directly or indirectly in more than one license, suspensions apply only to the premises where the violation occurs. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. (TEXT EFFECTIVE UNTIL 1/05/26) If a licensee is interested directly or indirectly in more than one license, the District Court may order that a revocation apply to any of those premises or machines. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] B. (TEXT EFFECTIVE 1/05/26) If a licensee is interested directly or indirectly in more than one license, the District Court may order that a revocation apply to any of those premises. [PL 2025, c. 367, §13 (AMD); PL 2025, c. 367, §20 (AFF).] C. If the licensee is a corporation, the District Court shall treat the officers, directors and substantial stockholders as individuals. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 2025, c. 367, §13 (AMD); PL 2025, c. 367, §20 (AFF).]

6. Term of suspension or revocation. Suspensions must be for a definite period of time. If the District Court revokes a license, the court shall specify when the department may reinstate a license to the person whose license is revoked. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

7. Warnings. Upon the written recommendation of the commissioner, or the commissioner's designee, the District Court, instead of notifying a licensee against whom a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to whom a warning is sent may demand a hearing by notifying the District Court by registered or certified mail within 10 days from the date the warning was mailed. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

8. Fines. Notwithstanding any other provisions of this Title, the District Court may impose on a licensee or the licensee's agent or employee a fine of a specific sum of not less than $50 nor more than $1,500 for any one offense. The fine is independent of any fine or forfeiture adjudged under subchapter 1 or 2 and may be imposed instead of or in addition to any suspension or revocation of a license. A. The District Court shall maintain a record of all fines received by the court. Any fines received must be credited as follows: 1/2 to the Department of Health and Human Services in a nonlapsing account to be used by the department to defray administrative costs of retail tobacco licensing and 1/2 to a nonlapsing account to be used by the Attorney General to support enforcement and responsible retailing education programs. Annually, the court shall report to the department the total amount of fines collected. [PL 2011, c. 657, Pt. AA, §60 (AMD).] [PL 2011, c. 657, Pt. AA, §60 (AMD).]
22 M.R.S. § 4008-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4008-A
22 §4008-A. Child abuse and neglect investigations; disclosure
Status: in_force

1. Disclosure permitted. Notwithstanding any other provision of law, the commissioner, with the advice of the Attorney General, may disclose information as set forth in this section regarding the abuse or neglect of a child and the investigation of and any services related to the abuse and neglect if the commissioner determines that such disclosure is not contrary to the best interests of the child, the child's siblings or other children in the household and any one of the following factors is present: A. The alleged perpetrator of the abuse or neglect has been charged with committing a crime related to the allegation of abuse or neglect maintained by the department; [PL 1997, c. 328, §1 (NEW).] B. A judge, a law enforcement agency official, a district attorney or another state or local investigative agency or official has publicly disclosed, as required by law in the performance of official duties, the provision of child welfare services or the investigation by child welfare services of the abuse or neglect of the child; or [PL 2009, c. 38, §2 (AMD).] C. An individual who is the parent, custodian or guardian of the victim or a child victim over 14 years of age has made a prior knowing, voluntary, public disclosure. [PL 2009, c. 38, §2 (AMD).] D. [PL 2009, c. 38, §2 (RP).] [PL 2009, c. 38, §2 (AMD).]

1-A. Disclosure required. The commissioner shall make public disclosure of the findings or information pursuant to this section in situations where child abuse or neglect results in a child fatality or near fatality, with the exception of circumstances, as determined with the advice of the Attorney General or appropriate district attorney, in which disclosure of child protective information would jeopardize a criminal investigation or proceeding. [PL 2009, c. 38, §3 (NEW).]

2. Information. For the purposes of this section, the following information may be disclosed: A. The name and age of the abused or neglected child. If the child is under 13 years of age, the guardian ad litem must agree with the commissioner to release the information. If the child is 13 years of age or older, the guardian ad litem and the child must agree with the commissioner to release the information; [PL 1997, c. 328, §1 (NEW).] B. The determination by the local child protective service or the state agency that investigated the alleged abuse or neglect and the findings of the applicable investigating agency upon which the determination was based; [PL 1997, c. 328, §1 (NEW).] C. Identification of child protective or other services provided or actions, if any, taken regarding the child and the child's family; [PL 1997, c. 328, §1 (NEW).] D. Whether any report of abuse or neglect regarding the child has been substantiated as maintained by the department; [PL 1997, c. 328, §1 (NEW).] E. Any actions taken by child protective services in response to reports of abuse or neglect of the child to the department, including, but not limited to, actions taken after every report of abuse or neglect of the child and the dates of the reports; [PL 1997, c. 328, §1 (NEW).] F. Whether the child or the child's family has received care or services from the child welfare services prior to every report of abuse or neglect of the child; and [PL 1997, c. 328, §1 (NEW).] G. Any extraordinary or pertinent information concerning the circumstances of the abuse or neglect of the child and the investigation of the abuse or neglect, if the commissioner determines the disclosure is consistent with the public interest. [PL 1997, c. 328, §1 (NEW).] [PL 1997, c. 328, §1 (NEW).]

3. Limitations. The following limitations apply to information disclosed pursuant to this section. A. Information released prior to the completion of the investigation of a report must be limited to a statement that a report is under investigation. [PL 1997, c. 328, §1 (NEW).] B. If there has been a prior disclosure pursuant to paragraph A , information released in a case in which the report has not been substantiated is limited to the statement that the investigation has been completed and the report has not been substantiated. [PL 1997, c. 328, §1 (NEW).] C. If the report has been substantiated, information may be released pursuant to subsection 2 . [PL 1997, c. 328, §1 (NEW).] D. The disclosure may not identify or provide any identifying description of the source of the report, and may not identify the name of the abused or neglected child's siblings, the parent or other person legally responsible for the child or any other members of the child's household, other than the subject of the report. [PL 1997, c. 328, §1 (NEW).] [PL 1997, c. 328, §1 (NEW).]

4. Considerations. In determining pursuant to subsection 1 whether disclosure would be contrary to the best interests of the child, the child's siblings or other children in the household, the commissioner shall consider the privacy of the child and the child's family and the effects that disclosure may have on efforts to reunite and provide services to the family. [PL 1997, c. 328, §1 (NEW).]

5. Other releases and disclosure. Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this section authorizes the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical or medical reports, evaluations or similar materials or information pertaining to the child or the child's family. [PL 1997, c. 328, §1 (NEW).]

6. Military family advocacy program. Notwithstanding any provision of law to the contrary, the department shall negotiate a memorandum of understanding with the military family advocacy program at a military installation, as defined in Title 20‑A, section 20102, subsection 11 , with respect to child abuse and neglect investigations. The memorandum of understanding must establish procedures and protocols for: A. Identifying as military personnel a parent or legal guardian alleged to have committed abuse or neglect of a child; [PL 2023, c. 518, §4 (NEW).] B. Reporting to a military family advocacy program when a child abuse and neglect investigation implicating military personnel has been initiated; and [PL 2023, c. 518, §4 (NEW).] C. Maintaining confidentiality requirements under state and federal law. [PL 2023, c. 518, §4 (NEW).] For the purposes of this subsection, "military family advocacy program" means the program established by the United States Department of Defense and provided at a military installation to address child abuse and neglect in military families. [PL 2023, c. 518, §4 (NEW).]
22 M.R.S. § 2612 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2612
22 §2612. Approval of construction or alteration, training, inspection, regulations and records
Status: in_force

1. Construction or alteration of public water systems. New construction, additions or alterations involving the source, treatment or storage of water in any public water system may not commence until the plans and specifications have been submitted to and approved by the department. A. The commissioner may exempt the construction, addition or alteration from submission and approval if it will have no effect on public health or welfare. [PL 1999, c. 761, §2 (NEW).] B. The department must consult with and advise persons planning or operating a public water system as to the most appropriate source of supply and the best methods of ensuring its purity. The department must consider any existing potential sources of contamination in the vicinity of the proposed source of supply when reviewing whether to approve a new source of supply and may deny approval based on those existing potential sources of contamination. [PL 1999, c. 761, §2 (NEW).] C. In granting approval of plans and specifications, the department may require modifications, conditions or procedures to ensure, as far as feasible, the protection of the public health. The department may adopt and enforce rules governing the construction or alteration of public water systems to ensure the protection of the public health and may require the submission of water samples for analysis to determine the extent of treatment required. [PL 1999, c. 761, §2 (NEW).] Records of construction, including, when feasible, plans and descriptions of existing public water systems, must be maintained by public water systems and made promptly available to the department upon request. [PL 1999, c. 761, §2 (RPR).]

2. Operation and maintenance of public water systems. The department shall monitor the operation and maintenance of any public water system in the State. Such monitoring shall include all aspects of operation and maintenance which may affect the quality of the water supply. The department may adopt rules and regulations relating to operation and maintenance of public water systems to insure the purity of water and the protection of public health. Such rules and regulations may apply to all aspects of operation and maintenance which may affect the quality of water supplied to the public, including feasible purification methods, equipment and systems. The department may require, by rule or regulation, any public water system to submit water samples for analysis on a regular basis, as often as necessary to insure the public health. Records of operation and maintenance of public water systems shall be kept on forms approved or specified by the department and this data shall be submitted to the department at the times and in the manner as the department directs. The supplier of water shall promptly comply with such department directions. [PL 1975, c. 751, §4 (NEW).]

3. Inspection. Any officer or employee duly designated by the commissioner, upon presenting appropriate credentials and a written notice of the officer's or employee's authority to inspect, signed by the commissioner, is authorized to enter any part of a public water system in order to determine whether such supplier is complying with this chapter and any departmental rules or orders issued hereunder. The inspection may include any portion of a public water system, including the sources of supply, treatment facilities and materials, pumping facilities, distribution and storage facilities, records, files and reports on operation. The inspection may also include the testing of any portion of a public water system affecting water quality, including raw and processed water, and the taking of any samples necessary to insure compliance with this chapter and the rules or orders issued hereunder. Each inspection must take place at a reasonable time and be commenced and completed with reasonable promptness. The supplier must be promptly notified of the results of the inspection. [RR 2021, c. 2, Pt. B, §129 (COR).]

4. Engineering studies. The commissioner may order a public water supplier to carry out an engineering study of the water works system or any portion thereof, if such study is required to identify potential threats to the public health and remedies that will remove such threats. The purpose of such study shall be to ascertain the best methods of complying with this chapter and departmental rules and regulations. The department may further order a public water system to implement the feasible recommendations of the study required to protect the public health. Prior to issuing any order under this subsection, this commissioner shall provide written notice to the public water system and public notice in a newspaper of general circulation in the area served by the public water system, and shall also provide the opportunity for a public hearing on the proposed order. [PL 1975, c. 751, §4 (NEW).]

5. Cross connections. The department may adopt and enforce regulations governing the connection of any public water systems to any pipes, facilities or structures that carry, store or distribute water that has not been analyzed for compliance or cannot comply with the State Primary Drinking Water Standards, or any connection that may introduce contamination into the system, in order to protect the system from contamination. [PL 1975, c. 751, §4 (NEW).]

6. Training. The department may provide training in operations and maintenance of public water systems, techniques and methods of testing and analysis of water, and the requirements of this chapter and departmental rules and regulations, for suppliers of water and operators and employees of public water systems. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 673 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 673
22 §673. Definitions
Status: in_force

As used in this Act, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 345, §§13, 14 (NEW).]

1. By-product material. "By-product material" means: A. Any radioactive material except special nuclear material yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; and [PL 1983, c. 345, §§13, 14 (NEW).] B. The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. [PL 1983, c. 345, §§13, 14 (NEW).] [PL 1983, c. 345, §§13, 14 (NEW).]

2. Civil penalty. "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violations of statutes, regulations, licenses or registration certificates, but does not include criminal penalties. [PL 1983, c. 345, §§13, 14 (NEW).]

3. Closure or site closure. "Closure or site closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance and monitoring are necessary at the site following termination of licensed operation. [PL 1983, c. 345, §§13, 14 (NEW).]

3-A. Facility. A "facility" means a production or utilization facility situated in this State that holds an operating permit or license issued by the United States Nuclear Regulatory Commission. It also means a power reactor licensee situated in the State, whether decommissioned or not, with a possession-only license issued by the United States Nuclear Regulatory Commission for special nuclear material, by-product material and source material. It also includes spent fuel or high-level waste storage facilities. [PL 1997, c. 686, §9 (AMD).]

4. Decommissioning. "Decommissioning" means the series of activities undertaken beginning at the time of closing of a nuclear power plant or other facility licensed by the United States Nuclear Regulatory Commission or the department to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely in compliance with all applicable state and federal laws. Decommissioning includes activities undertaken to prepare a nuclear power plant or other facility for final disposition, to monitor and maintain it after closing and to effect final disposition of any radioactive components of the nuclear power plant or facility. [PL 1987, c. 493, §1 (AMD).]

5. Disposal of low-level radioactive waste. "Disposal of low-level radioactive waste" means the isolation of low-level waste from the biosphere inhabited by people and their food chains. [PL 1983, c. 345, §§13, 14 (NEW).]

6. High-level radioactive waste. "High-level radioactive waste" means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolation. [PL 1983, c. 345, §§13, 14 (NEW).]

7. License. "License" means a license, issued to a named person upon application filed pursuant to the regulations promulgated pursuant to this Act, to use, manufacture, produce, transfer, receive, acquire or possess quantities of, or devices or equipment utilizing, radioactive material. [PL 1983, c. 345, §§13, 14 (NEW).]

8. Low-level radioactive waste. "Low-level radioactive waste" means radioactive material that: A. Is not high-level radioactive waste, spent nuclear fuel, transuranic waste or by-product material as defined in the United States Code, Title 42, Section 2014(e)(2), the Atomic Energy Act of 1954, Section 11e(2); and [PL 1987, c. 493, §2 (NEW).] B. The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph A , classifies as low-level radioactive waste. [PL 1987, c. 493, §2 (NEW).] [PL 1987, c. 493, §2 (RPR).]

8-A. Person. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this State, political subdivision of this State, any other state or political subdivision or agency of a state or political subdivision and any legal successor, representative, agent or agency of the state or political subdivision or agency, but not including Federal Government agencies. [PL 1987, c. 493, §3 (NEW).]

9. Radiation. "Radiation" means ionizing radiation and nonionizing radiation. A. "Ionizing radiation" means gamma rays and x rays; alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light. [PL 1983, c. 345, §§13, 14 (NEW).] B. "Nonionizing radiation" means any electromagnetic radiation, other than ionizing electromagnetic radiation, and any sonic, ultrasonic or infrasonic wave. [PL 1983, c. 345, §§13, 14 (NEW).] [PL 1983, c. 345, §§13, 14 (NEW).]

10. Radiation generating equipment. "Radiation generating equipment" means any manufactured product or device, or component part of such a product or device, or any machine or system which during operation can generate or emit radiation, except those which emit radiation, only from radioactive material. [PL 1983, c. 345, §§13, 14 (NEW).]

11. Radioactive material. "Radioactive material" means any material which emits ionizing radiation spontaneously. It includes accelerator-produced, by-product, naturally occurring, source and special nuclear materials. [PL 1983, c. 345, §§13, 14 (NEW).]

12. Registration. "Registration" means registration with the department in accordance with rules adopted pursuant to this Act. [PL 1983, c. 345, §§13, 14 (NEW).]

13. Source material. "Source material" means: A. Uranium or thorium, or any combination thereof, in any physical or chemical form; or [PL 1983, c. 345, §§13, 14 (NEW).] B. Ores which contain by weight 1/20th of 1%, 0.05%, or more of uranium, thorium or any combination thereof. Source material does not include special nuclear material. [PL 1983, c. 345, §§13, 14 (NEW).] [PL 1983, c. 345, §§13, 14 (NEW).]

14. Source material mill tailings. "Source material mill tailings" means the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from underground solution extraction processes, but not including underground ore bodies depleted by those solution extraction processes. [PL 1983, c. 345, §§13, 14 (NEW).]

15. Source material milling. "Source material milling" means any processing of ore, primarily for the purpose of extracting or concentrating uranium or thorium therefrom and which results in the production of source material mill tailings. [PL 1983, c. 345, §§13, 14 (NEW).]

16. Sources of radiation. "Sources of radiation" means, collectively, radioactive material and radiation generating equipment. [PL 1983, c. 345, §§13, 14 (NEW).]

17. Special nuclear material. "Special nuclear material" means: A. Plutonium, uranium 233 and uranium enriched in the isotope 233 or in the isotope 235, but does not include source material; or [PL 1983, c. 345, §§13, 14 (NEW).] B. Any material artificially enriched by any of the material listed in paragraph A , but does not include source material. [PL 1983, c. 345, §§13, 14 (NEW).] [PL 1983, c. 345, §§13, 14 (NEW).]

18. Spent nuclear fuel. "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. [PL 1983, c. 345, §§13, 14 (NEW).]

19. Transuranic waste. "Transuranic waste" means radioactive waste containing alpha emitting transuranic elements, with radioactive half-lives greater than 5 years, in excess of 10 nanocuries per gram. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 664 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 664
22 §664. Responsibility of facility licensees
Status: in_force

The responsibility of facility licensees is as follows. [PL 1997, c. 686, §5 (AMD).]

1. Records. Each facility licensee shall permit the inspection and copying, for the purposes of this chapter, of its books and records, maintained in any form, except that books and records that are privileged as a matter of law, proprietary, security-related or restricted by federal law, are not open to inspection. Subject to the approval of the United States Nuclear Regulatory Commission and of the facility licensee, access to books and records that are proprietary, security-related or restricted by federal law may be granted if the State Nuclear Safety Inspector, on behalf of the State, enters into a nondisclosure agreement. For purposes of this section, proprietary information includes personnel records, manufacturers' proprietary information, licensee proprietary information and trade secrets. For purposes of this subsection, "trade secrets" means any confidential formula, pattern, process, device, information or compilation of information, including chemical name, that is used in any employer's business that gives the employer an opportunity to obtain any advantage over competitors who do not know or use it. [PL 2007, c. 539, Pt. KK, §3 (AMD).]

2. Monitoring. Each facility licensee shall permit monitoring, for the purposes of this chapter, of the premises, equipment and materials, including source, special nuclear and by-product materials, in its possession or use, or subject to its control and any vehicle or means of transportation used to remove materials or equipment from the site, including, but not limited to, by rail, water, roadway or air. Monitoring of vehicles or other means of transportation used to remove materials or equipment from the site must be undertaken in a manner that is safe, that employs properly calibrated instruments and that does not result in unreasonable delays in the removal of materials or equipment from the site. For the purposes of this subsection, "monitoring" means any one or combination of the following: A. Observing the conduct of operations, including maintenance, quality assurance activities, the preparation, transportation and handling of radioactive waste, emissions monitoring, radiation protection and the observation of emergency preparedness tests and drills; [PL 1999, c. 739, §1 (NEW).] B. Taking analytical radiological measurements using properly calibrated instruments to confirm: (1) The results of quality assurance activities undertaken by or on behalf of the facility licensee; (2) That the preparation, transportation and handling of radioactive waste is undertaken in accordance with applicable standards; (3) The results of emissions monitoring undertaken by or on behalf of the facility licensee; or (4) That adequate radiation protection measures are in place; and [PL 2005, c. 254, Pt. B, §4 (AMD).] C. Taking radiological measurements for the purpose of verifying compliance with applicable state laws, including, but not limited to, Title 38, section 1455 , and confirming and verifying compliance with the standards of the United States Nuclear Regulatory Commission for unrestricted license termination, provided that the taking of such measurements employs techniques, protocols, instruments and quality assurance practices in accordance with generally accepted scientific or industry practices, including, but not limited to, those described in the federal Multi-Agency Radiation Survey and Site Investigation Manual. [PL 1999, c. 739, §1 (NEW).] The licensee shall, upon request, provide split samples to the State Nuclear Safety Inspector. All analytical measurements taken pursuant to this subsection must be shared with the licensee. The licensee may provide data to explain any conflicts between measurements taken by the licensee and measurements taken pursuant to this subsection. [PL 2007, c. 539, Pt. KK, §4 (AMD).]

3. Access. [PL 2005, c. 254, Pt. B, §5 (RP).]

4. On-site facilities. [PL 2005, c. 254, Pt. B, §5 (RP).]

5. Fees. [PL 2005, c. 254, Pt. B, §5 (RP).]
22 M.R.S. § 3950 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3950
22 §3950. Disclosure of tribal affiliation information
Status: in_force

Upon application by an individual who has reached 18 years of age and who was an Indian child and the subject of an adoptive placement, the District Court or Probate Court that entered the final decree shall inform the individual of the tribal affiliation, if any, of the individual's biological parents and provide any other information necessary to protect any rights of the individual arising from the individual's tribal relationship. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 2147 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2147
22 §2147. Exclusions
Status: in_force

The following are exempt from the provisions of this chapter: [PL 1983, c. 570 (NEW).]

1. Hospice organizations; volunteer services. Hospice organizations in which services are provided substantially by volunteers; [PL 1983, c. 570 (NEW).]

2. Families, friends and neighbors. Families, friends and neighbors; [PL 1983, c. 570 (NEW).]

3. Sole practitioners. Sole practitioners otherwise licensed by the State; [PL 1983, c. 570 (NEW).]

4. Physicians. Services provided directly by physicians; [PL 1983, c. 570 (NEW).]

5. Elderly nutrition programs. Elderly nutrition programs; [PL 1983, c. 570 (NEW).]

6. Chore services. Chore services; [PL 1983, c. 570 (NEW).]

7. Pharmacy or medical supply company. Any pharmacy or medical supply company which furnishes no home health services to persons in their homes except supplies; [PL 1983, c. 570 (NEW).]

8. Persons or agencies contracting or arranging home health services. Anyone contracting or arranging for home health services provided by home health care providers licensed or excluded under this chapter; [PL 1983, c. 570 (NEW).]

9. Departments. Departments of State Government; [PL 1983, c. 570 (NEW).]

10. Facilities licensed pursuant to chapter 405. Hospitals, intermediate care facilities, skilled nursing facilities or other facilities licensed pursuant to chapter 405 when the services are provided to clients residing in those facilities, or to 6 or fewer clients at any one time in their homes under a plan of care approved by the department or its designee when it is documented in the patient's record that the licensed home health care agency or agencies serving the patient's area: A. Have indicated that they are unable to provide those services; or [PL 1987, c. 486, §2 (NEW).] B. Agree that the plan of care is an acceptable plan. [PL 1987, c. 486, §2 (NEW).] The plan of care must meet standards for staff qualifications and supervision consistent with the standards required of licensed home health care providers; [PL 1987, c. 486, §2 (AMD).]

11. Licensed residential care facilities. Residential care facilities licensed pursuant to chapters 1663 and 1664 when the services are provided to clients residing in those facilities; [PL 2001, c. 596, Pt. B, §8 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]

12. Municipal entities. Municipal departments or agencies or other municipal entities in their provision of nontherapeutic preventive and promotional health educational services when persons providing those services are employed by the municipality; [PL 2023, c. 195, §1 (AMD); PL 2023, c. 267, §2 (AMD).]

13. Speech and hearing centers. [PL 2013, c. 336, §2 (RP).]

14. Registered nurse educators. Registered nurse educators; [RR 2023, c. 1, Pt. A, §9 (COR).]

15. Emergency medical services community paramedicine services. Ambulance services and nontransporting emergency medical services as defined and licensed under Title 32, chapter 2‑B , that are authorized by the Emergency Medical Services' Board to provide community paramedicine services pursuant to Title 32, section 84, subsection 4 . This exemption applies for the express and exclusive purpose of delivering community paramedicine services, as long as: A. The care is episodic. For the purposes of this paragraph, "episodic" means an encounter with a patient focused on presenting concerns and an identified medical condition in which neither the community paramedic nor the patient has the expectation of an ongoing general home care relationship; and [PL 2023, c. 195, §3 (NEW).] B. The Emergency Medical Services' Board adopts rules requiring authorized community paramedicine services to: (1) Comply with the Maine Background Check Center Act requirements as described in chapter 1691; (2) Conduct initial and ongoing training of all staff regarding their obligations as mandatory reporters; (3) Meet licensing standards consistent with those required by section 2145, subsections 3 and 4; and (4) Coordinate with home health agencies; and [RR 2023, c. 2, Pt. A, §30 (COR).] [RR 2023, c. 2, Pt. A, §30 (COR).] Revisor's Note: (Subsection 15 as enacted by PL 2023, c. 267, §4 is REALLOCATED TO TITLE 22, SECTION 2147, SUBSECTION 16)

16. (REALLOCATED FROM T. 22, §2147, §15) Certified nurse practitioners. Services provided directly by certified nurse practitioners. [PL 2023, c. 267, §4 (NEW); RR 2023, c. 1, Pt. A, §11 (RAL).]
22 M.R.S. § 8302-A — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8302-A
22 §8302-A. Rules for child care facilities and family child care providers
Status: in_force

The commissioner shall adopt rules for child care facilities and family child care providers according to this section. Nursery schools are subject to the requirements of chapter 1675 and this section, except that subsection 1, paragraph F does not apply to nursery schools. [PL 2005, c. 530, §8 (AMD).]

1. Rules for child care facilities. Rules for child care facilities must include, but are not limited to, rules pertaining to the following: A. Child to staff ratios; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] B. The health and safety of the children and staff, including training on communicable diseases; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] C. Water for drinking and cooking; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] D. Wastewater; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] E. Rabies vaccinations for pets; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] F. The quality of the program provided; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] G. [PL 2017, c. 457, §1 (RP).] H. The administration of medication; [PL 2015, c. 497, §2 (AMD).] I. Licensing procedures; and [PL 2015, c. 497, §2 (AMD).] J. Requiring a criminal background check that meets the requirements of 42 United States Code, Section 9858f(b) for each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual: (1) Who is employed by a child care facility for compensation, including a contract employee or self-employed individual; or (2) Whose activities involve the care or supervision of children for a child care facility or unsupervised access to children who are cared for or supervised by a child care facility. "Child care staff member" does not include an individual who is related to all children for whom child care services are provided or a contractor performing maintenance and repairs at the child care facility who does not have unsupervised access to children who are cared for or supervised by the child care facility. [PL 2017, c. 457, §2 (RPR).] Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , except that rules adopted pursuant to paragraph J to comply with 42 United States Code, Section 9858f(b) are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 457, §§1, 2 (AMD).]

2. Rules for family child care providers. Rules for family child care providers must include, and are limited to, rules pertaining to the following: A. Cardiopulmonary resuscitation; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] B. Water for drinking and cooking; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] C. Wastewater; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] D. Rabies vaccinations for pets; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] D-1. The quality of the program of child care that is provided; [PL 2021, c. 35, §22 (NEW).] D-2. The administration of medication; [PL 2021, c. 35, §23 (NEW).] E. Recording the times, reasons and numbers of children involved when more than 12 children are cared for; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] F. Ongoing training for providers on health and safety issues, including training on communicable diseases. This training must be offered at times that are convenient to the providers; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] G. Child to staff ratios; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] H. Health and safety of the children and staff; [PL 1997, c. 494, §10 (NEW); PL 1997, c. 494, §15 (AFF).] I. Procedures for waivers of rules and for suspension and revocation of licensure; and [PL 2021, c. 35, §24 (AMD).] J. [PL 2017, c. 457, §4 (RP).] K. Requiring a criminal background check that meets the requirements of 42 United States Code, Section 9858f(b) for a family child care provider and each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual: (1) Who is employed by a family child care provider for compensation, including a contract employee or self-employed individual; (2) Whose activities involve the care or supervision of children for a family child care provider or unsupervised access to children who are cared for or supervised by a family child care provider; or (3) Who is 18 years of age or older and who resides in the home of a family child care provider. "Child care staff member" does not include an individual who is related to all children for whom child care services are provided or a contractor performing maintenance and repairs at the home of a family child care provider who does not have unsupervised access to children who are cared for or supervised by the family child care provider. [PL 2017, c. 457, §5 (RPR).] Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A and rules adopted pursuant to paragraphs G to K are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 35, §§22-24 (AMD).]

3. Payment for criminal background checks. Fees for the criminal background checks required for a child care staff member pursuant to subsection 1, paragraph J and subsection 2, paragraph K must be paid by the department from the funds available under the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The fees for the criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration. [PL 2017, c. 457, §6 (NEW).]

4. Recreational space. A child care facility or a family child care provider may operate without an outdoor recreational space as long as an outside public recreational space is available within a reasonable distance from the facility or provider. [PL 2025, c. 288, §1 (NEW).]
22 M.R.S. § 3762 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3762
22 §3762. Temporary assistance for needy families; promotion of economic self-support
Status: in_force

The department shall promote family economic self-support in accordance with the provisions of this chapter. [PL 1997, c. 530, Pt. A, §16 (NEW).]

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "ASPIRE-TANF" means the ASPIRE-TANF program established in section 3781‑A . [PL 1997, c. 530, Pt. A, §16 (NEW).] A-1. "Culturally and linguistically appropriate services" means services that are designed to serve culturally diverse populations in their preferred languages; function effectively within the context of cultural beliefs, behaviors and needs presented by TANF and ASPIRE-TANF participants and their communities; contribute to a work environment that supports diversity; promote community engagement; build trust and relationships with TANF and ASPIRE-TANF participants; actively support and enable TANF and ASPIRE-TANF participants to make informed choices; and value and facilitate the exchange of information with TANF and ASPIRE-TANF participants. [PL 2021, c. 648, §5 (NEW).] B. "Domestic violence" has the same meaning as provided in Section 408(a)(7)(C)(iii) of PRWORA. [PL 1997, c. 530, Pt. A, §16 (NEW).] B-1. "DRA" means the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4. [PL 2009, c. 291, §4 (NEW).] C. "Federal poverty level" means the nonfarm income official poverty line for a family of the size involved, as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2. [PL 1997, c. 530, Pt. A, §16 (NEW).] D. "PRWORA" means the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. [PL 1997, c. 530, Pt. A, §16 (NEW).] E. "TANF" means the Temporary Assistance for Needy Families program, under the United States Social Security Act, as amended by PRWORA. "TANF" provides temporary assistance to needy, dependent children and their parents or caretaker relatives. [PL 1997, c. 530, Pt. A, §16 (NEW).] F. "Supplemental Nutrition Assistance Program" or "SNAP" means the statewide food supplement program administered by the State pursuant to section 3104 . [PL 2021, c. 398, Pt. OO, §20 (NEW).] G. "Trauma-informed services" means services that acknowledge and are informed by the widespread impact of trauma and recognize the potential paths for recovery; recognize the unique signs and symptoms of trauma in clients, families and staff; respond by fully integrating knowledge about trauma into policies, procedures and practices; and seek to actively avoid retraumatization. [PL 2021, c. 648, §6 (NEW).] [PL 2021, c. 648, §§5, 6 (AMD).]

2. Collaboration. The department shall work collaboratively with the following agencies and entities to provide efficient and effective services that lead to self-support for Maine's families receiving TANF assistance: A. The state agency responsible for child care services; [PL 1997, c. 530, Pt. A, §16 (NEW).] B. The Department of Labor for services including employment and job training partnership services and vocational services; [PL 1997, c. 530, Pt. A, §16 (NEW).] C. [PL 2005, c. 397, Pt. A, §23 (RP).] D. The Department of Transportation; [PL 1997, c. 530, Pt. A, §16 (NEW).] E. The Department of Education and local providers of programs under the federal Adult Education Act, 20 United States Code, Section 1201 et seq. and the federal Carl D. Perkins Vocational and Applied Technology Education Act, 20 United States Code, Section 2301 et seq.; [PL 1997, c. 530, Pt. A, §16 (NEW).] F. The Department of Economic and Community Development; [PL 1997, c. 530, Pt. A, §16 (NEW).] G. Statewide organizations that work with women on self-sufficiency and employment opportunities, including a statewide nonprofit corporation that provides training and placement in trade and technical occupations that are not traditional for the persons served; [PL 2005, c. 397, Pt. C, §14 (AMD).] H. The municipalities of the State both individually and collectively; [PL 1997, c. 530, Pt. A, §16 (NEW).] I. The Maine Community College System; [PL 1997, c. 530, Pt. A, §16 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] J. The University of Maine System; and [PL 1997, c. 530, Pt. A, §16 (NEW).] K. Local service providers appropriate for TANF participants. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 2005, c. 397, Pt. A, §23 (AMD); PL 2005, c. 397, Pt. C, §14 (AMD).]

3. Administration. The department may administer and operate a program of aid to needy dependent children, called "Temporary Assistance for Needy Families" or "TANF," in accordance with the United States Social Security Act, as amended by PRWORA and DRA, and this Title. A. The department shall adopt rules as necessary to implement and administer the program. The rules must include eligibility criteria, budgeting process, benefit calculation and confidentiality. For the purpose of determining eligibility for TANF, the department shall impose an asset limit of $10,000 per family and must exempt from the asset limit one vehicle for each licensed driver in the family. The confidentiality rules must ensure that confidentiality is maintained for TANF recipients at least to the same extent that confidentiality was maintained for families in the Aid to Families with Dependent Children program unless otherwise required by federal law or regulation. [PL 2023, c. 366, §1 (AMD).] B. The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes: (1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations; (2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is: (a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010); (b) A victim of domestic violence; (c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A ; or (d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A ; (3) To provide benefits to 2-parent families with children using the same eligibility requirements as apply to families headed by a single custodial parent or caretaker relative; (4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph; (5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that the individual has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of the individual's child is not more than 90 days following the date the benefit is received; (6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 50% of their monthly income excluding any income disregarded pursuant to subparagraph (7‑D), divisions (a) and (b). The special housing allowance is limited to $300 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment; (7-C) In determining financial eligibility for applicants who have earnings from employment, the department shall disregard from monthly earnings the following: (a) One hundred and eight dollars; (b) Fifty percent of the remaining earnings that are less than the federal poverty level; and (c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs; Revisor's Note: Subparagraph (7-C) as enacted by PL 2019, c. 485, §3 is REALLOCATED TO TITLE 22, SECTION 3762, SUBSECTION 3, PARAGRAPH B, SUBPARAGRAPH (7-F) (7-D) In determining benefit levels, the department shall disregard the following amounts from the monthly earnings of recipients: (a) One hundred percent of: (i) All earned income received for the first 3 months of employment that began while participating in TANF; or (ii) The first 3 months of any increase in earned income received while participating in TANF. Any month in which the disregard under this division does not increase the recipient's benefit above that which the benefit would be if the disregard in division (c) is applied does not count as a month in which earned income is disregarded under this division; (b) Seventy-five percent of: (i) All earned income received for the 4th to 6th months of employment that began while participating in TANF; or (ii) The 4th to 6th months of any increase in earned income received while participating in TANF. Any month in which the disregard under this division does not increase the recipient's benefit above that which the benefit would be if the disregard in division (c) is applied does not count as a month in which earned income is disregarded under this division; (c) One hundred and eight dollars and 50% of the remaining earnings that are less than the federal poverty level for any month of employment in which a disregard in division (a) or (b) is not applied; and (d) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs; (7-E) For any period during which a household's SNAP benefit is reduced as a result of earnings and receipt of the earned income disregard applied under subparagraph (7‑D), division (a) or (b), the household must receive additional SNAP benefits in an amount that will, in addition to the SNAP benefits for which the household remains eligible, provide the household with a minimum of $50 in SNAP benefits. Additional SNAP benefits under this subparagraph are a noncash benefit and may be used to purchase only those food items permitted under the Supplemental Nutrition Assistance Program; (7-F) (REALLOCATED FROM T. 22, §3762, sub-§3, ¶B, sub-¶(7-C)) In determining financial eligibility and benefit levels for TANF applicants and TANF recipients, the department shall deduct the income less any applicable income disregards from the standard of need and may not apply any other income test; (8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower; (9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7‑D) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782‑A, subsection 5, paragraph B . The benefit amount must be paid as provided in this subparagraph. (a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient. (b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient. (c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient; (10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and (11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 29, §§1, 2 (AMD).] [PL 2023, c. 29, §§1, 2 (AMD); PL 2023, c. 366, §1 (AMD).]

4. Promoting support by both parents. The department shall enforce laws and establish policies to ensure that both parents contribute to the economic support of their child or children and to promote every child's right to economic support from both parents. Applicants for and recipients of assistance may refuse to cooperate in the establishment of paternity or child support enforcement for good cause related to domestic violence, including situations when cooperation may result in harm to the parent or child, or when the child was conceived as a result of incest or rape. Evidence supporting a good cause determination includes, but is not limited to, the evidence specified in section 3785, subsection 13 . The department shall notify all applicants and recipients orally and in writing of the availability of this determination. When a determination of good cause is made by the department, the department may not impose sanctions or penalties against the applicant or recipient or engage in any other activity that could subject any member of the family to harm. [PL 1997, c. 530, Pt. A, §16 (NEW).]

5. Move to sustainable employment. The department shall assist parents who receive TANF assistance to move as quickly as possible into employment that will sustain the family. [PL 1997, c. 530, Pt. A, §16 (NEW).]

6. Training; partnerships. The department shall increase the employability of parents who receive TANF assistance through on-the-job training and strengthening the public and private workforce partnership by developing training sites and jobs for those parents. [PL 1997, c. 530, Pt. A, §16 (NEW).]

7. Teenage pregnancies; minimization. The department shall provide education and services to minimize teenage pregnancies with special attention paid to the role of the male. [PL 1997, c. 530, Pt. A, §16 (NEW).]

8. Transitional support services. The department shall administer a program of transitional support services in accordance with PRWORA, DRA and this subsection. A. [PL 2019, c. 485, §4 (RP).] B. The department shall provide limited transitional transportation benefits to meet employment-related costs to ASPIRE-TANF program participants who lose eligibility for TANF assistance due to employment and to employed families with children with income less than 200% of the federal poverty level. The department may also make transitional transportation benefits available to families in which one or both adults are working and who, although they remain financially eligible for TANF benefits, request that their benefits be terminated. Benefits may be provided for up to 18 months. The department may adopt rules that impose a weekly limit on available transitional transportation benefits and that require a contribution from each participant toward the cost of transportation. For the purposes of employed families whose household income is less than 200% of the federal poverty level and who do not qualify based on the loss of TANF eligibility due to earnings or are a 2-parent household who request termination of TANF benefits when at least one adult is working, the department may use up to $1,400,000 annually from the federal TANF block grant for expenditures under this program. [PL 2021, c. 1, Pt. N, §1 (AMD).] C. The department shall make available transitional child care services to families who lose eligibility for TANF as a result of increased earnings or an increase in the number of hours worked. The department shall make available transitional child care services to families who lose eligibility for TANF as a result of increased earnings or an increase in the number of hours worked and whose gross income is equal to or less than 250% of the federal poverty guidelines. The department may also make transitional child care services available to families in which one or both adults are working and who, although they remain financially eligible for TANF benefits, request that their benefits be terminated. The family shall pay a premium, which may be waived but may not exceed 10% of gross income, based on the family's gross income compared to the federal poverty level in accordance with rules adopted by the department. Parents must have a choice of child care within the rate established by the department. [PL 2021, c. 534, §1 (AMD).] D. [PL 2011, c. 655, Pt. S, §1 (RP).] E. The department shall establish payment rates for child care services that are up to the 75th percentile of local market rates for the various categories of child care services. The payment rates for child care services for children with special needs may be higher than the 75th percentile of local market rates. [PL 2017, c. 412, §3 (RPR).] F. The department may provide limited transitional food benefits to meet the needs of SNAP benefit recipients living with one or more dependent children under 18 years of age who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under 6 years of age. The benefit may not exceed $100 per month per family. [PL 2021, c. 398, Pt. OO, §22 (AMD).] [PL 2021, c. 534, §1 (AMD).]

9. Procedures. The following procedural requirements apply to the program: A. The department shall make information on the program available to the public in written form understandable at the 6th-grade reading level and orally, as needed. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. The department shall take written applications for assistance, which must be available on request. The department shall provide the applicant written notice of the granting or denial of assistance within 30 days of application. If the family is granted assistance, the notice must state the amount of the benefit. Assistance must be provided promptly to an eligible family without any delay attributable to the administrative process and must be continued regularly to all eligible individuals until they are found to be ineligible. Applicants and recipients must be provided with timely and adequate notice of any intended action to discontinue, terminate, suspend or reduce assistance or to change the manner of paying cash assistance to a protective payee, vendor or through a 2-party payment. Notices under this paragraph must inform the applicant of the right to a fair hearing before an impartial hearing officer and also inform the applicant how to request a hearing. Hearing requests may be made orally or in writing. Hearings must be conducted pursuant to the Maine Administrative Procedure Act. [PL 1997, c. 530, Pt. A, §16 (NEW).] C. The department shall establish uniform statewide eligibility criteria and benefit levels under the TANF program except as provided in this chapter or chapter 1054‑A . Eligibility criteria and benefit levels may not result in cash assistance levels below those in effect on June 1, 1997. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

10. Domestic violence. The following provisions apply with regard to victims of domestic violence. A. The department shall provide all applicants for assistance under this chapter with information both orally and in writing of the availability of services for victims of domestic violence and of the good cause determination for victims of domestic violence under section 3785, subsection 13 . If an applicant requests a good cause determination under section 3785, subsection 13 , the department shall promptly determine whether the applicant qualifies for good cause. An individual may not be required to participate in any TANF activity including orientation until the good cause determination is made. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. When a determination of good cause is made under section 3785, subsection 13 , the ASPIRE-TANF program may contact the individual and offer domestic violence victim services or other appropriate services on a voluntary basis. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).]

11. Treatment of lump sum income. For the purpose of determining eligibility for assistance under TANF, the department shall treat any nonrecurring lump sum income received by a family as an asset, and not as income, in the month the lump sum payment is received. To the extent that any nonrecurring lump sum income remains after the month it was received, the department shall continue to consider the income as an asset in accordance with this section. A. Nonrecurring lump sum income includes, but is not limited to, personal injury awards, lottery winnings, inheritances and similar nonrecurring forms of income. It does not include income earmarked by the payor for particular expenses such as awards or insurance proceeds earmarked for medical expenses, attorney's fees or the replacement of lost property. Proceeds from the conversion of a nonliquid asset to a liquid asset must be treated as an asset and not as nonrecurring lump sum income. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. [PL 2023, c. 366, §2 (RP).] C. [PL 2023, c. 366, §2 (RP).] D. [PL 2023, c. 366, §2 (RP).] [PL 2023, c. 366, §2 (AMD).]

12. Information about and application for Parents as Scholars. When there are fewer than 2000 enrollees in the Parents as Scholars Program under chapter 1054‑B , the department shall inform all persons applying for TANF assistance and all recipients reviewing or requesting to amend their participation in the program of the Parents as Scholars Program and shall offer them the opportunity to apply for the program. [PL 1997, c. 530, Pt. A, §16 (NEW).]

13. Reports to Legislature. The department shall provide information annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters in order to allow the Legislature to evaluate the TANF program. Such information must include but is not limited to the number of TANF households and family members, a comparison of TANF eligibility levels with the federal poverty level, the number of TANF participants in training, education and work activity components and the rates at which individuals who have found employment through ASPIRE-TANF return to the TANF program. The information must include a summary of any federal laws enacted in the previous fiscal year that may require changes in the ASPIRE-TANF program. The information of the federal law changes must include a summary of any potential positive or negative impact on the TANF program and the ASPIRE-TANF program. [PL 2007, c. 282, §1 (AMD).]

14. Notification to Legislature. The department shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters of any request for waivers from the United States Department of Health and Human Services or any other federal agency concerning the implementation of chapters 1053‑A , 1054 , 1054‑A and 1054‑B . [PL 1997, c. 530, Pt. A, §16 (NEW).]

15. Conditions of continued assistance. [PL 2011, c. 380, Pt. PP, §1 (RP).]

16. Authorization of fund transfer. Notwithstanding any provision of law to the contrary, the department is authorized to transfer to the TANF account any funds available in the ASPIRE-TANF account necessary to meet the purposes of TANF, including the purposes established in subsection 3, paragraph B . [PL 2001, c. 338, §4 (NEW).]

17. Prohibition against denial of assistance based on drug conviction. A person who is otherwise eligible to receive TANF may not be denied assistance because the person has been convicted of a drug-related felony as described in Section 115 of PRWORA. [PL 2001, c. 598, §2 (NEW).]

18. Lifetime limit on assistance. Beginning January 1, 2012, a family may not receive TANF assistance for longer than 60 months except in those cases in which the department has determined that the family qualifies for an exemption or extension under rules adopted by the department. When an adult has received TANF assistance for 60 months, unless the adult has been exempted or granted an extension by the department, the family unit in which the adult is a member is ineligible for assistance. The department shall consider conditions or situations beyond the control of the adult recipient, including but not limited to a physical or mental condition that prevents the adult from obtaining or retaining gainful employment, being a victim of domestic violence, participating in good standing in an approved education program or a program that is expected to lead to gainful employment, being the caretaker relative in the household who is not the parent of the child or children in the assistance unit and who is required to remain at home to care for a dependent in the assistance unit and loss of employment by the adult following termination of TANF under this subsection. The department shall grant an extension to a household for each month in which a family received TANF assistance and an earnings disregard under subsection 3, paragraph B , subparagraph (7-D), division (a) or (b). This extension does not apply to a TANF recipient who has reached the 60‑month time limit prior to October 1, 2019. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 484, §3 (AMD).] Revisor's Note: Subsection 18 as enacted by PL 2011, c. 380, Pt. LL, §1 is REALLOCATED TO TITLE 22, SECTION 3762, SUBSECTION 20

19. Pretermination notice process. No later than 120 days prior to the end of a family's 60th month of receiving assistance, the department shall offer the adult recipient an opportunity to hold a meeting to review the family's case and: A. Explain the exemption and extension criteria established in subsection 18 to the family and determine if those criteria apply to the family; and [PL 2011, c. 380, Pt. PP, §2 (NEW).] B. Explain that any determination made pursuant to this subsection may be appealed in accordance with the hearing process established in subsection 9, paragraph B . [PL 2011, c. 380, Pt. PP, §2 (NEW).] For a family whose assistance is to be terminated, a supervisory review by the department is required. The review must include but is not limited to an evaluation of the need for additional information to determine if cause for an exemption or extension exists. If the conclusion of the evaluation determines additional vocational, health, mental health or other information is necessary, the department shall work in collaboration with the adult recipient in the development of the information prior to the determination of status or termination. For a family whose assistance is to be terminated pursuant to this subsection, the department shall provide information to the family regarding any other resources that may be available to help meet that family's basic needs. [PL 2011, c. 380, Pt. PP, §2 (NEW).]

20. (REALLOCATED FROM T. 22, §3762, sub-§18) Denial of assistance based on positive drug test. [PL 2019, c. 343, Pt. CCC, §1 (RP).]

21. Duty to provide culturally and linguistically appropriate and trauma-informed services. The department shall work with all TANF and ASPIRE-TANF participants to provide culturally and linguistically appropriate services and trauma-informed services to assist each family in obtaining the services and skills necessary to sustain economic stability and opportunity after leaving TANF. Each TANF and ASPIRE-TANF participant must be screened to identify any need for culturally or linguistically appropriate or trauma-informed services. If such a need is identified, the department shall use appropriate methods and techniques to work with the participant to develop goals that reflect, to the greatest extent possible, the preferences of the participant and individualized plans that address the participant's situation and barriers to sustained economic stability. The department shall work with TANF and ASPIRE-TANF participants to connect them with appropriate programs and services available to help the families attain and sustain economic stability and to ensure the well-being of the children. [PL 2021, c. 648, §7 (NEW).]
22 M.R.S. § 689-A — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 689-A
22 §689-A. Tanning facilities; minors
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Operator" means a person designated by the owner of a tanning facility or the lessee of a tanning device to operate, or to assist and instruct in the operation and use of, a tanning facility or tanning device. [PL 2019, c. 275, §1 (NEW).] B. "Phototherapy device" means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury. [PL 2019, c. 275, §1 (NEW).] C. "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in air between 200 and 400 nanometers that is used for the tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails. "Tanning device" includes a sunlamp, tanning booth or tanning bed but does not include a phototherapy device used or prescribed for use by a physician. [PL 2019, c. 275, §1 (NEW).] D. "Tanning facility" means a location, place, area, structure or business that provides persons access to a tanning device, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning device. [PL 2019, c. 275, §1 (NEW).] [PL 2019, c. 275, §1 (NEW).]

2. Prohibition. An owner of a tanning facility, a lessee of a tanning device or an operator may not allow an individual under 18 years of age to use a tanning device. Proof of age may be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual. [PL 2019, c. 275, §1 (NEW).]

3. Notice. An owner of a tanning facility or a lessee of a tanning device shall post in a conspicuous place in the tanning facility notice, in a form developed by the department: A. That it is unlawful for a tanning facility, a lessee of a tanning device or an operator to allow an individual under 18 years of age to use a tanning device; [PL 2019, c. 275, §1 (NEW).] B. That a tanning facility, a lessee of a tanning device or an operator that violates the provisions of this section is subject to penalties; [PL 2019, c. 275, §1 (NEW).] C. That an individual may report a violation of this section to the local law enforcement agency or radiation control program of the Maine Center for Disease Control and Prevention; and [PL 2019, c. 275, §1 (NEW).] D. That the health risks associated with tanning include but are not limited to skin cancer, premature aging of the skin, burns to the skin and adverse reactions to certain medications, foods and cosmetics. [PL 2019, c. 275, §1 (NEW).] Failure to post a notice in accordance with this subsection is a violation of this section. [PL 2019, c. 275, §1 (NEW).]

4. Written statement. An owner of a tanning facility, a lessee of a tanning device or an operator shall provide to every customer prior to that customer's first use in that calendar year of that particular tanning device a written statement that must be signed by the customer prior to use of the tanning device. The statement must be developed by the department and must include: A. The information required in the notice set forth in subsection 3 ; [PL 2019, c. 275, §1 (NEW).] B. An acknowledgment signed by the customer indicating that the customer understands the notice posted in accordance with subsection 3 and the information set forth pursuant to paragraph A ; and [PL 2019, c. 275, §1 (NEW).] C. An agreement that the customer will use protective eyewear. [PL 2019, c. 275, §1 (NEW).] Failure to provide a written statement in accordance with this subsection is a violation of this section. [PL 2019, c. 275, §1 (NEW).]

5. Duties of owner. An owner of a tanning facility, a lessee of a tanning device or an operator shall ensure that: A. An individual under 18 years of age is not permitted to use the tanning facility; [PL 2019, c. 275, §1 (NEW).] B. There is present at the tanning facility during its hours of operation an operator who is able to inform customers about, and assist customers in, the proper use of tanning devices; [PL 2019, c. 275, §1 (NEW).] C. Each tanning device is properly sanitized after each use; [PL 2019, c. 275, §1 (NEW).] D. Before a customer uses a tanning device, the customer is provided, at no cost, with properly sanitized and securely fitting protective eyewear that protects the customer's eyes from ultraviolet radiation and allows enough vision to maintain balance; [PL 2019, c. 275, §1 (NEW).] E. A customer is not allowed to use a tanning device unless the customer uses protective eyewear; [PL 2019, c. 275, §1 (NEW).] F. A customer is shown how to use physical aids including handrails and markings on the floor to maintain a proper exposure distance from the tanning device as recommended by the manufacturer; [PL 2019, c. 275, §1 (NEW).] G. A timing device that is accurate within 10% of any selected timer interval is used and is remotely located so customers cannot set their own exposure time; [PL 2019, c. 275, §1 (NEW).] H. Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off; [PL 2019, c. 275, §1 (NEW).] I. A customer is limited to the maximum exposure time recommended by the manufacturer for that customer's skin type; [PL 2019, c. 275, §1 (NEW).] J. A customer is not allowed to use a tanning device more than once every 24 hours; [PL 2019, c. 275, §1 (NEW).] K. The interior temperature of the tanning facility does not exceed 100 degrees Fahrenheit; and [PL 2019, c. 275, §1 (NEW).] L. The following records are maintained: copies of all consent forms signed by customers; a record of a customer's total number of uses of a tanning device at the facility; the dates and durations of uses of a tanning device; and any injury reports for a period of 3 years after tanning device use for each customer [PL 2019, c. 275, §1 (NEW).] Failure to act in accordance with this subsection is a violation of this section. [PL 2019, c. 275, §1 (NEW).]

6. Duties of customer. A customer may not use a tanning device of a tanning facility unless the customer: A. Immediately before the customer's first use of a unique tanning facility in a year, signs a statement acknowledging that the customer has read and understands the notice and the information required under this section and specifying that the customer agrees to use protective eyewear; and [PL 2019, c. 275, §1 (NEW).] B. Uses protective eyewear at all times while using a tanning device. [PL 2019, c. 275, §1 (NEW).] [PL 2019, c. 275, §1 (NEW).]

7. Certificate of registration. A person may not operate a tanning facility without first obtaining from the department a certificate of registration. The registrant shall display the certificate of registration in a conspicuous place at the tanning facility. A certification of registration issued under this subsection expires annually. [PL 2019, c. 275, §1 (NEW).]

8. Violation; penalty. Notwithstanding section 690, subsection 1 , a person who violates this section is not subject to the criminal penalties under section 690, subsection 1 but is subject to civil penalties in accordance with section 690, subsection 2 . Violation may also result in suspension or revocation of a registration issued in accordance with subsection 7 . [PL 2019, c. 275, §1 (NEW).]

9. Local ordinance. This section does not preempt local ordinances that provide for more restrictive regulation of tanning facilities than required in this section or rules adopted pursuant to subsection 10 . [PL 2019, c. 275, §1 (NEW).]

10. Rulemaking. The department shall adopt rules to implement this section and otherwise regulate tanning facilities. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 275, §1 (NEW).]
22 M.R.S. § 3274 — ME Code / Title 22 / Subtitle 3 / Chapter 855-C / Section 3274
22 §3274. Mandatory payments
Status: in_force

1. Amount of payment. The department shall provide so-called "mandatory" state supplemental income payments to beneficiaries of the supplemental security income program who receive payments under the state's former aid to the aged, blind and disabled program based on eligibility established for the month of December, 1973. A so-called "mandatory" state supplemental income benefit, when combined with a federal supplemental security income benefit, shall, to the extent required by federal law to qualify the State of Maine to receive federal matching funds for medical care pursuant to Title XIX of the United States Social Security Act, as amended, and in so far as funds are available, be at least equal to and in no event less than the level of payment to such a recipient effective for December, 1973, under the former state aid to the aged, blind and disabled program, based on eligibility for December, 1973, in accordance with standards of payment applicable to such aid. [PL 1973, c. 790, §3 (NEW).]

2. Administration. Insofar as an agreement made pursuant to section 3261 pertains to so-called "mandatory" payments, it shall provide that the department enter into an agreement with the secretary under which the secretary, through the Social Security Administration, on behalf of the State of Maine, shall administer, effective with payments issued on January 1, 1974 and thereafter the program of so-called "mandatory" state supplemental income benefits authorized in subsection 1 . [PL 1973, c. 790, §3 (NEW).]

3. Applying for benefits. Persons who receive payments under the state's former aid to aged, blind and disabled Program based on eligibility established for the month of December, 1973, shall, if eligible, receive benefits provided pursuant to this Part and for medical care benefits provided by the State of Maine pursuant to Title XIX of the United States Social Security Act, as amended, without filing an application for supplemental security income with the Social Security Administration. [PL 1973, c. 790, §3 (NEW).]

4. Inconsistent provisions. The provisions of sections 3271 , 3272 and 3273 , except for section 3273, subsection 7‑A , do not apply to so-called "mandatory" payments. If any provision of these sections is inconsistent with this section, this section, as it relates to mandatory payments, prevails. [PL 2009, c. 462, Pt. I, §3 (AMD).]
22 M.R.S. § 330 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 330
22 §330. Exceptions
Status: in_force

Notwithstanding section 329 , the requirements of this Act do not apply with respect to: [PL 2001, c. 664, §2 (NEW).]

1. Healing through prayer. A health care facility operated by a religious group relying solely on spiritual means through prayer for healing; [PL 2001, c. 664, §2 (NEW).]

2. Activities; acquisitions. Activities or acquisitions by or on behalf of a health maintenance organization or a health care facility controlled, directly or indirectly, by a health maintenance organization or combination of health maintenance organizations to the extent mandated by the National Health Policy, Planning and Resources Development Act of 1974, as amended, and its accompanying regulations; [PL 2001, c. 664, §2 (NEW).]

3. Home health care services. Home health care services offered by a home health care provider; [PL 2001, c. 664, §2 (NEW).]

4. Hospice. Hospice services and programs; [PL 2001, c. 664, §2 (NEW).]

5. Assisted living. [PL 2003, c. 510, Pt. B, §6 (RP).]

5-A. Assisted housing. Assisted housing programs and services regulated under chapter 1664 ; [PL 2003, c. 510, Pt. A, §15 (NEW).]

6. Existing capacity. The use by an ambulatory surgical facility licensed on January 1, 1998 of capacity in existence on January 1, 1998; and [PL 2001, c. 664, §2 (NEW).]

7. Critical access hospitals. Conversion by a critical access hospital or a hospital in the process of becoming a critical access hospital of licensed acute care beds to hospital swing beds. [PL 2003, c. 621, §1 (AMD).]
22 M.R.S. § 3025 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3025
22 §3025. Medical examiner case
Status: in_force

1. Circumstances of death that must be reported. A medical examiner case may exist and must be reported as provided in section 3026 when remains are found that may be human and raise suspicion that death has occurred under any of the following circumstances: A. Death is suspected of having been caused by any type of physical injury, including poisoning, regardless of whether the suspected manner of death is homicide, suicide or accident. This circumstance must be reported irrespective of whether the deceased had been attended by a physician, was a patient in a hospital, survived for a considerable time following the physical injury or died from terminal natural causes consequent to and following the physical injury; [PL 2003, c. 433, §1 (AMD).] B. Suddenly when the person is in apparent good health and has no specific natural disease sufficient to explain death; [PL 1985, c. 611, §6 (RPR).] C. During diagnostic or therapeutic procedures under circumstances indicating gross negligence or when clearly due to trauma or poisoning unrelated to the ordinary risks of those procedures; [PL 1985, c. 611, §6 (RPR).] D. Death when the person is in custody pursuant to an arrest, confined in a state correctional or detention facility, county jail, other county correctional or detention facility or local lockup or is on the way to or from a courthouse or any of these places while in the custody of a law enforcement officer or county or state corrections official; [PL 2011, c. 420, Pt. D, §2 (AMD); PL 2011, c. 420, Pt. D, §6 (AFF).] E. Death while the person is a patient or resident of a facility of the Department of Health and Human Services or residential care facility maintained or licensed by the Department of Health and Human Services, unless clearly certifiable by an attending physician as due to specific natural causes; [PL 1985, c. 611, §6 (RPR); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] F. Death suspected of being due to a threat to the public health when the authority of the medical examiner is needed to adequately study the case for the protection of the public health; [PL 1985, c. 611, §6 (RPR).] G. Death suspected of not having been certified, including, but not limited to, bodies brought into the State and any buried remains uncovered other than by legal exhumation; [PL 1985, c. 611, §6 (RPR).] H. Deaths suspected of being medical examiner cases which may have been improperly certified or inadequately examined, including, but not limited to, bodies brought into the State under those circumstances; [PL 1991, c. 339, §3 (AMD).] I. Sudden infant death syndrome deaths and all other deaths of children under the age of 18 unless clearly certifiable by an attending physician as due to specific natural causes unrelated to abuse or neglect; [PL 1985, c. 611, §6 (RPR).] J. Whenever human or possibly human remains are discovered not properly interred or disposed of, for which the responsibility to do so cannot be readily determined; or [PL 1985, c. 611, §6 (RPR).] K. Any cause when there is no attending physician capable of certifying the death as due to natural causes. When a person dies who is under the care of a religious practitioner who uses prayer and spiritual means of healing, the fact that the deceased has been under such religious care does not warrant suspicion of foul play or investigation beyond that warranted by the other facts of the case. [PL 1985, c. 611, §6 (RPR).] In the absence of any of the circumstances outlined in this subsection, the fact that a patient dies within 24 hours of admission to a hospital or other health care facility need not be reported to the Office of Chief Medical Examiner. In any case in which the necessity of a report is questionable, a report must be made. [PL 2019, c. 87, §1 (AMD).]

1-A. Medical examiner case determination. Notwithstanding that a case must be reported under subsection 1 , the acceptance of any reported death as a medical examiner case is to be determined by the Chief Medical Examiner unless acceptance is specifically ordered by the Attorney General or district attorney having jurisdiction. The following deaths that must be reported need not be accepted by the Chief Medical Examiner as a medical examiner case: A. Deaths due to the consequences of long-term exposure to environmental or occupational toxins or long-term exposure to carcinogens; [PL 2019, c. 87, §2 (AMD).] B. Deaths in the elderly who have sustained limb or axial fractures, excluding the head, for which they are or have been hospitalized; or [PL 2003, c. 433, §4 (NEW).] C. Sudden natural deaths in the elderly who have not had previous specific symptoms or who were not under treatment by a physician for the specific natural cause that is considered to be the cause of death. [PL 2003, c. 433, §4 (NEW).] These reportable deaths may be referred back to the attending physician by the Chief Medical Examiner for certification of the death, even though the attending physician has not treated the patient for the specific natural disease that the attending physician will enter as the physician's diagnosis. [PL 2019, c. 87, §2 (AMD).]

2. Attendance by physician. [PL 2003, c. 433, §5 (RP).]

3. Transplant operations. An operation for the transplant of an organ or a portion of an organ may not take place, when the donor's death occurs under circumstances indicating a medical examiner case, without approval of the medical examiner. A doctor performing a transplant operation when the donor has died under these circumstances shall note the condition of the vital organs in the region of surgery and shall include this notation in a written report of the operation and manner in which death was pronounced, with the report to be given to the medical examiner upon the medical examiner's request. The medical examiner may choose to be present during the removal of the donated organ. [RR 2021, c. 2, Pt. B, §151 (COR).]

4. Questionable cases and cases that may constitute exceptions. [PL 2003, c. 433, §6 (RP).]

5. Delayed reports. When a death has occurred that falls under this law as a medical examiner case and the body has already been released for final disposition, the case may be accepted and the body ordered held for examination by a medical examiner, but no exhumation may take place when the body has been finally interred, except pursuant to section 3029 . [PL 1985, c. 611, §6 (NEW).]
22 M.R.S. § 690 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 690
22 §690. Penalties
Status: in_force

1. Criminal penalties. A person who intentionally or knowingly: A. Violates a provision of this Act, or a rule or order of the department in effect pursuant to this Act, commits a Class D crime; or [PL 2003, c. 452, Pt. K, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violates a term, condition or limitation of a license or registration certificate issued under this Act, or commits a violation for which a license or registration certificate may be revoked under rules issued pursuant to this Act, commits a Class D crime. [PL 2003, c. 452, Pt. K, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §3 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Civil penalties. Civil penalties shall be assessed and enforced as follows. A. Any person who violates any licensing or registration provision of this Act or any rule or order issued under this Act, any term, condition or limitation of any license or registration certificate issued under this Act, or any person who commits any violation for which a license or registration certificate may be revoked, suspended or modified under rules issued pursuant to this Act is subject to a civil penalty, to be imposed by the department, not to exceed $10,000 for each violation or $100,000 for any willful and wanton violation. If any violation is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The department may compromise, mitigate or remit the penalties. [PL 1987, c. 493, §9 (NEW).] B. When the department has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, the department may notify the Attorney General or hold a public hearing. If a hearing is scheduled, the commissioner shall give at least 30 days' written notice to the alleged violator of the date, time and place of that hearing. The notice shall specify the act done or omitted to be done which is claimed to be in violation of law; identify the particular provisions of the section, rule, order or license involved in the violation; and advising of each penalty which the department proposes to impose and its amount. The notice shall be sent by registered or certified mail by the department to the last known address of the person. Any hearing conducted under the authority of this subsection shall be in accordance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375 . At the hearing, the alleged violator may appear in person or by attorney and answer the allegations of violation and file a statement of the facts, including the methods, practices and procedures, if any, adopted or used by the alleged violator to comply with this chapter and present such evidence as may be pertinent and relevant to the alleged violation. [RR 2021, c. 2, Pt. B, §84 (COR).] C. On the request of the department, the Attorney General may institute a civil action to collect a penalty imposed pursuant to this subsection. Only the Attorney General may compromise, mitigate or remit such civil penalties as are referred to the Attorney General for collection. [RR 2021, c. 2, Pt. B, §85 (COR).] D. All money collected from civil penalties shall be paid to the Treasurer of State for deposit in the General Fund. Money collected from civil penalties shall not be used for normal operating expenses of the department, except as appropriations made from the General Fund in the normal budgetary process. [PL 1987, c. 493, §9 (NEW).] [RR 2021, c. 2, Pt. B, §§84, 85 (COR).]
22 M.R.S. § 7937 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7937
22 §7937. Court order to have effect of license
Status: in_force

An order appointing a receiver under section 7933 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit during the receivership, and a violation of regulations governing the conduct of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, if not promptly corrected, must be reported by the department to the court. [PL 2023, c. 309, §40 (AMD).]
22 M.R.S. § 2519 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2519
22 §2519. Stop sale or use order
Status: in_force

The inspector may issue a stop sale or use order for any violation of this chapter or of the rules adopted pursuant to this chapter. A person receiving a stop sale or use order shall immediately remove the meat, meat food product or poultry or poultry product from sale or shall immediately cease to use any equipment or area as directed by the order until the order is lifted. The inspector may lift a stop sale or use order once the inspector has determined that the violation has been corrected. A person receiving a stop sale or use order may appeal the order to the commissioner within 5 days of receiving the order. [PL 2021, c. 64, §25 (AMD).]
22 M.R.S. § 3942 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3942
22 §3942. Legislative finding and declaration of policy
Status: in_force

1. Finding. The Legislature finds and declares that membership or citizenship in an Indian tribe, as well as eligibility for membership or citizenship in an Indian tribe, as determined by each Indian tribe is a political classification. [PL 2023, c. 359, §5 (NEW).]

2. Declaration of policy. The purpose of the Maine Indian Child Welfare Act is recognition by the State that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of an Indian parent, an Indian custodian or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The State is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices in accordance with all laws designed to prevent the Indian child's voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the Indian child, whenever possible, in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing and maintaining a political, cultural and social relationship with the Indian child's tribe and tribal community. It is the policy of the State to cooperate fully with Indian tribes and tribal members and citizens in this State and elsewhere in order to ensure that the intent and provisions of this Act are enforced. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 2121 — ME Code / Title 22 / Subtitle 2 / Chapter 416 / Section 2121
22 §2121. Short title
Status: in_force

This chapter may be cited as the 1979 Dental Health Education Act. [PL 1979, c. 522, §1 (NEW).]
22 M.R.S. § 7305 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7305
22 §7305. Funds
Status: in_force

1. Federal and private funds. The department may apply for and use any federal or private funds and other support which become available to carry out any program of in-home and community support services. [PL 1981, c. 511, §1 (NEW).]

2. Fee scale. The department shall develop, whenever practicable, sliding fee scales for in-home and community support services provided pursuant to this subtitle. [RR 1991, c. 2, §86 (COR).]

3. Vouchers. The department may, through the use of vouchers, make payments directly to adults with long-term care needs to enable them to purchase in-home and community support services pursuant to this subtitle. [PL 1981, c. 511, §1 (NEW).]

4. 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 among the various regions of the State. [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 4099-D — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-D
22 §4099-D. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 155, §2 (NEW).]

1. Homeless youth. "Homeless youth" means a person 21 years of age or younger who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care or who lacks a fixed, regular and adequate nighttime residence. "Homeless youth" does not include a person incarcerated or otherwise detained under federal or state law. [PL 2009, c. 155, §2 (NEW).]

2. Fixed, regular and adequate nighttime residence. "Fixed, regular and adequate nighttime residence" means a dwelling at which a person resides on a regular basis that adequately provides safe shelter. "Fixed, regular and adequate nighttime residence" does not include a publicly or privately operated institutional shelter designed to provide temporary living accommodations; transitional housing; a temporary placement with a peer, friend or family member who has not offered a permanent residence, residential lease or temporary lodging for more than 30 days; or a public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings. [PL 2009, c. 155, §2 (NEW).]

3. Runaway. "Runaway" means an unmarried child under 18 years of age who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian or lawful custodian. [PL 2009, c. 155, §2 (NEW).]
22 M.R.S. § 2503 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2503
22 §2503. Articles detained, embargoed and condemned
Status: in_force

Whenever a duly designated officer or employee of the department finds or has reason to believe that an establishment licensed under this chapter prepares or sells any food that is adulterated pursuant to section 2156 or misbranded pursuant to section 2157 , an order detaining or embargoing that food may be issued to any person or persons with possession or control thereof and the officer or employee may affix or require the person to whom the order is directed to affix to such article a tag or other appropriate marking giving notice that such article is or is suspected of being adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such officer or employee or the court. It is unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. Orders relating to detention and embargo issued pursuant to this chapter may not be considered licensing or an adjudicatory proceeding, as those terms are defined under Title 5, chapter 375 . [PL 2021, c. 125, §16 (NEW).]

When any such officer or employee finds an article detained or embargoed under this section to be adulterated or misbranded, the officer or employee may petition the District Court or Superior Court in whose jurisdiction the article is detained or embargoed for a libel for condemnation of such article if the licensee is unwilling to dispose of the article. When such officer or employee has found that an article so detained or embargoed is not adulterated or misbranded, the officer or employee shall remove the tag or other marking. [PL 2021, c. 125, §16 (NEW).]

If the court finds that a detained or embargoed article is adulterated or misbranded, such article must, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of such officer or employee, and all court costs and fees and storage and other proper expenses must be taxed against the claimant of such article or the claimant's agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that such article will be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an officer or employee of the department. The expense of such supervision must be paid by the claimant. Such bond must be returned to the claimant of the article on representation to the court by the commissioner that the article is no longer in violation of this chapter and that the expenses of such supervision have been paid. For purposes of this paragraph, proper labeling may include displaying required information by law, on a menu board, on a sign or in an open manner at the location where the article is for sale and served. [PL 2021, c. 125, §16 (NEW).]

Whenever the commissioner or an officer or employee of the department finds in any room, building, vehicle of transportation or other structure of an establishment licensed under this chapter any meat, seafood, poultry, vegetable, fruit or other perishable articles that are unsound or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the same being declared to be a nuisance, the commissioner or the officer or employee shall forthwith destroy the same or in any other manner render the same unsalable as human food. [PL 2021, c. 125, §16 (NEW).]

The department is authorized to enact rules pursuant to this chapter to ensure compliance with this chapter and to protect public health. [PL 2021, c. 125, §16 (NEW).]
22 M.R.S. § 1241 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1241
22 §1241. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 533, §1 (NEW).]

1. Department. "Department" means the Department of Health and Human Services, Maine Center for Disease Control and Prevention. [PL 2009, c. 533, §1 (NEW).]

2. Expedited partner therapy. "Expedited partner therapy" means prescribing, dispensing, furnishing or otherwise providing prescription antibiotic drugs to the sexual partner or partners of a person clinically diagnosed as infected with a sexually transmitted disease without physical examination of the partner or partners. [PL 2009, c. 533, §1 (NEW).]

3. Health care professional. "Health care professional" means an allopathic physician licensed pursuant to Title 32, chapter 48 , an osteopathic physician licensed pursuant to Title 32, chapter 36 , a physician associate licensed pursuant to Title 32, chapter 36 or 48 , an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician that authorizes the provision of sexually transmitted disease therapy or expedited partner therapy or an advanced practice registered nurse who possesses appropriate clinical privileges in accordance with Title 32, chapter 31 . [PL 2019, c. 627, Pt. B, §5 (AMD); PL 2025, c. 316, §3 (REV).]

4. Sexually transmitted disease. "Sexually transmitted disease" means a bacterial, viral, fungal or parasitic disease determined by rule of the department to be sexually transmitted, to be a threat to the public health and welfare and to be a disease for which a legitimate public interest will be served by providing for its regulation and treatment. [PL 2009, c. 533, §1 (NEW).]
22 M.R.S. § 3174-RR — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-RR
22 §3174-RR. Dental hygienist reimbursement (REALLOCATED FROM TITLE 22, SECTION 3174-QQ)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-QQ)

1. Reimbursement. By October 1, 2012, the department shall provide for the reimbursement under the MaineCare program of independent practice dental hygienists practicing as authorized under Title 32, section 18375 for the following procedures: A. Prophylaxis performed on a person who is 21 years of age or younger; [RR 2011, c. 1, §32 (RAL).] B. Topical application of fluoride performed on a person who is 21 years of age or younger; [RR 2011, c. 1, §32 (RAL).] C. Provision of oral hygiene instructions; [RR 2011, c. 1, §32 (RAL).] D. The application of sealants; [RR 2011, c. 1, §32 (RAL).] E. Temporary fillings; and [RR 2011, c. 1, §32 (RAL).] F. X-rays. [RR 2011, c. 1, §32 (RAL).] Reimbursement must be provided to independent practice dental hygienists directly or to a federally qualified health center pursuant to section 3174‑V when an independent practice dental hygienist is employed as a core provider at the center. [PL 2015, c. 429, §4 (AMD).]

2. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [RR 2011, c. 1, §32 (RAL).]