22 M.R.S. § 2128 — ME Code / Title 22 / Subtitle 2 / Chapter 416-A / Section 2128
22 §2128. Grant program to promote oral health assessments and care for children
Status: in_force

The commissioner, in consultation with the Commissioner of Education, shall administer a grant program to promote oral health assessments of children entering elementary school and facilitate the provision of care for those students identified as in need of dental services. [PL 2005, c. 653, §2 (NEW).]

1. Eligibility for grants. A nonprofit organization may apply for a grant by submitting an application as requested by the commissioner to demonstrate that the applicant: A. Has entered into a memorandum of understanding with a school administrative unit to provide oral health assessments; [PL 2005, c. 653, §2 (NEW).] B. Is able to provide dental care or secure dental care through an identified dental care provider to a child identified as needing dental care within 6 months of the assessment date; and [PL 2005, c. 653, §2 (NEW).] C. Has the capacity to record and compile data identified by the commissioner as necessary to monitor and evaluate the grant program. [PL 2005, c. 653, §2 (NEW).] [PL 2005, c. 653, §2 (NEW).]

2. Children served. A recipient of a grant shall contract with a school administrative unit to provide oral health assessments to children entering kindergarten or as soon as practicable upon a child's initial enrollment in an elementary school. A recipient of a grant shall provide assessments and necessary dental services to children who are eligible for MaineCare or members of MaineCare and to children who do not have insurance for dental care. [PL 2005, c. 653, §2 (NEW).]

3. Duties of commissioner. The commissioner, in consultation with the Commissioner of Education, shall develop: A. A process for reviewing applications and selecting grant recipients; [PL 2005, c. 653, §2 (NEW).] B. Criteria for prioritizing geographic areas to be served; [PL 2005, c. 653, §2 (NEW).] C. Standards for oral health assessments conducted under this section, including, but not limited to, the qualifications of the dental professional conducting the assessment and the equipment used and steps included in an assessment; [PL 2005, c. 653, §2 (NEW).] D. Guidelines for the types of dental disease or abnormality that when detected indicate a need for dental care within 6 months of the assessment date; [PL 2005, c. 653, §2 (NEW).] E. A prevention and educational component to be incorporated into the assessments; and [PL 2005, c. 653, §2 (NEW).] F. A program evaluation process and measures for assessing the impact and effectiveness of the grant program. [PL 2005, c. 653, §2 (NEW).] [PL 2005, c. 653, §2 (NEW).]

4. Administration. The commissioner may contract for administration of the grant program or components of the grant program. [PL 2005, c. 653, §2 (NEW).]

5. Fund established. The Maine School Oral Health Fund is established as a dedicated, nonlapsing fund within the department. The commissioner may accept funds from any public or private source for the purposes of awarding grants and administering the grant program under this section. [PL 2005, c. 653, §2 (NEW).]

6. Rulemaking. The commissioner, in consultation with the Commissioner of Education, may adopt rules to implement this section. Rules adopted in accordance with this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 653, §2 (NEW).]
22 M.R.S. § 569 — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 569
22 §569. Cannabis testing facility certification program and fund established
Status: in_force

1. Program established. The Department of Administrative and Financial Services, in consultation with the Maine Center for Disease Control and Prevention, shall establish within the Maine Center for Disease Control and Prevention a laboratory certification program, referred to in this section as "the certification program," for the testing of medical and adult use cannabis in accordance with chapter 558‑C and Title 28‑B . [PL 2019, c. 354, §1 (NEW); PL 2021, c. 669, §5 (REV).]

2. Rules. The Department of Administrative and Financial Services, in consultation with the Maine Center for Disease Control and Prevention, shall adopt rules for the certification of a cannabis testing facility under chapter 558‑C and a testing facility under Title 28‑B , which must include a certification fee schedule. The annual fee for certifying a cannabis testing facility under chapter 558‑C or a testing facility under Title 28‑B may not exceed $2,500 per year. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 354, §1 (NEW); PL 2021, c. 669, §5 (REV).]

3. Fund established. The Cannabis Testing Facility Certification Fund, referred to in this section as "the fund," is established as an Other Special Revenue Funds account in the Maine Center for Disease Control and Prevention for the purposes specified in this subsection. A. The State Controller shall credit to the fund: (1) All money received as a result of fees assessed by the Maine Center for Disease Control and Prevention under the certification program; (2) All money from any other source, whether public or private, designated for deposit into or credited to the fund; and (3) Interest earned or other investment income on balances in the fund. [PL 2019, c. 354, §1 (NEW).] B. The fund may be used for expenses of the Maine Center for Disease Control and Prevention to administer the certification program. [PL 2019, c. 354, §1 (NEW).] C. By January 15, 2021 and every 2 years thereafter, the Department of Administrative and Financial Services, in consultation with the Maine Center for Disease Control and Prevention, shall review the balance in the fund. If the balance in the fund exceeds $200,000, the Department of Administrative and Financial Services, in consultation with the Maine Center for Disease Control and Prevention, shall adopt rules to reduce the fees established under subsection 2 for a 2-year period beginning with the calendar year following the review. [PL 2019, c. 354, §1 (NEW).] [PL 2019, c. 354, §1 (NEW); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 1962 — ME Code / Title 22 / Subtitle 2 / Chapter 408 / Section 1962
22 §1962. Director
Status: in_force

The Director of the Public Health Nursing Program must be licensed as a registered nurse in the State and shall have education and experience in community health nursing. [PL 1995, c. 502, Pt. D, §3 (AMD).]
22 M.R.S. § 3202 — ME Code / Title 22 / Subtitle 3 / Chapter 855-A / Section 3202
22 §3202. Definitions
Status: in_force

For purposes of this Part, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1973, c. 790, §3 (NEW).]

1. Agreement. "Agreement" means a legally binding document between the Maine Department of Health and Human Services and the United States Department of Health, Education and Welfare. [PL 1973, c. 790, §3 (NEW); PL 1975, c. 293, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Blind person. "Blind person" means a blind individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended. [PL 1973, c. 790, §3 (NEW).]

3. Category. "Category" means a subclassification of state supplemental income benefits for any one of the following: Blind, disabled or elderly person. [PL 1973, c. 790, §3 (NEW).]

4. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or the commissioner's successors. [RR 2021, c. 2, Pt. B, §167 (COR).]

5. Department. "Department" means the Maine Department of Health and Human Services. [PL 1973, c. 790, §3 (NEW); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

6. Disabled person. "Disabled person" means a disabled individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended. [PL 1973, c. 790, §3 (NEW).]

7. Elderly person. "Elderly person" means an aged individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended. [PL 1973, c. 790, §3 (NEW).]

8. Secretary. "Secretary" means the Secretary, United States Department of Health, Education and Welfare. [PL 1973, c. 790, §3 (NEW).]

9. Social Security Act. "Social Security Act" means the United States Social Security Act of 1935, as amended. [PL 1973, c. 790, §3 (NEW).]

10. Social Security Administration. "Social Security Administration" means the Social Security Administration, United States Department of Health, Education and Welfare. [PL 1973, c. 790, §3 (NEW).]

11. Title XVI. "Title XVI" means Title XVI of the United States Social Security Act of 1935, as amended. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 3104-A — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3104-A
22 §3104-A. Supplemental Nutrition Assistance Program for legal aliens
Status: in_force

1. Food assistance. The department shall provide food assistance to households that would be eligible for assistance under the federal Food Stamp Act of 1977, 7 United States Code, Section 2011 et seq. and under the federal Food and Nutrition Act of 2008 but for provisions of Sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that are receiving food assistance under this subsection as of July 1, 2011. Any household receiving assistance as of that date 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 food 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); [PL 2011, c. 380, Pt. KK, §1 (NEW).] B. A victim of domestic violence; [PL 2013, c. 368, Pt. OO, §1 (AMD).] 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 paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A ; or [PL 2013, c. 368, Pt. OO, §1 (AMD).] D. Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 368, Pt. OO, §2 (NEW).] [PL 2013, c. 368, Pt. OO, §§1, 2 (AMD).]

2. Amount of assistance. The total amount of food assistance provided under this section must equal the amount that the household would be eligible to receive under the federal Food Stamp Act of 1977, 7 United States Code, Sections 2014 and 2017 and under the federal Food and Nutrition Act of 2008 if the household were eligible for either of those programs. [PL 2009, c. 291, §3 (AMD).]

3. Administration. The department shall provide assistance under this section to eligible households on a monthly basis through an electronic benefit transfer system. [PL 2009, c. 291, §3 (AMD).]

4. Repeal. [PL 1999, c. 401, Pt. S, §2 (RP).]
22 M.R.S. § 3175-A — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3175-A
22 §3175-A. Delinquent nursing home taxes to be withheld from Medicaid payments
Status: in_force

Whenever the commissioner receives written notice from the State Tax Assessor that a nursing home is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2873 , the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the nursing home's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the nursing home and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the nursing home's tax account. [PL 2001, c. 714, Pt. CC, §1 (NEW); PL 2001, c. 714, Pt. CC, §8 (AFF).]
22 M.R.S. § 3787 — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3787
22 §3787. Availability of funds
Status: in_force

Nothing in this chapter may be construed to mean that a department, agency, institution or program is required to obligate or expend funds beyond existing funds available to them for these purposes. [PL 1993, c. 385, §20 (AMD).]
22 M.R.S. § 265 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 265
22 §265. Electronic health record; sexual orientation and gender identity data
Status: in_force

Beginning October 1, 2026, a health care facility, other than a pharmacy licensed pursuant to Title 32, chapter 117 , shall ensure that data related to sexual orientation and gender identity is collected from an individual who is 19 years of age or older when demographic information is collected, unless the individual declines to answer questions regarding the individual's sexual orientation or gender identity. This data is part of the individual's electronic health record. For the purposes of this section, "health care facility" has the same meaning as in section 1711‑C, subsection 1, paragraph D, "health care information" has the same meaning as in section 1711‑C, subsection 1, paragraph E and "individual" has the same meaning as in section 1711‑C, subsection 1, paragraph G, except that in this section it is limited to an individual who is 19 years of age or older. Data collected pursuant to this section is health care information that is subject to the confidentiality requirements of section 1711‑C. [PL 2025, c. 255, §1 (AMD).]
22 M.R.S. § 2076 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2076
22 §2076. Authority to intercept federal and state aid
Status: in_force

1. Treasurer to withhold funds. When the authority notifies the Treasurer of State in writing that an entity eligible to use the authority is in default as to the payment of principal or interest on any securities of that entity sold through or by the authority, or that the authority has reasonable grounds to predict that the entity will not be able to make a full payment when that payment is due, the Treasurer of State shall withhold any funds in the Treasurer of State's custody that are due or payable to the eligible entity until the amount of the principal or interest due or anticipated to be due has been paid to the authority or the trustee for the bondholders, or the authority notifies the Treasurer of State that satisfactory arrangements have been made for the payment of the principal and interest. Funds subject to withholding under this subsection include, but are not limited to, federal and state grants, contracts, allocations or appropriations. [PL 1991, c. 584, §7 (NEW).]

2. Withheld funds to be made available to authority. If the authority further notifies the Treasurer of State in writing that no other arrangements are satisfactory, the Treasurer of State shall deposit in the General Fund and make available to the authority any funds withheld from the eligible entity under this section. The authority shall apply the funds to the costs incurred by the eligible entity, including payments required to be made to the authority or trustee for any bondholders of debt service on any debt issued by the authority for the eligible entity or required by the terms of any other law or contract to be paid to the holders or owners of debt issued on behalf of the eligible entity upon failure or default, or reasonable expectation of failure or default, of the eligible institution to pay the principal or interest on its securities when due. [PL 1991, c. 584, §7 (NEW).]

3. Other agencies to be notified. Concurrent with any notice from the authority to the Treasurer of State under this section, the authority shall notify any other agency, department or authority of State Government that exercises regulatory, supervisory or statutory control over the operations of the eligible entity. Upon notification, the agency, department or authority shall immediately undertake reviews to determine what action, if any, that agency, department or authority should undertake to assist in the payment by the eligible entity of the money due or steps that the agencies of the State other than the Treasurer of State or the authority should take to assure the continued prudent operation of the eligible entity or provision of services to the people served by the eligible entity. [PL 1991, c. 584, §7 (NEW).]
22 M.R.S. § 2083 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2083
22 §2083. Applicability
Status: in_force

This chapter applies to referrals for health services made on or after January 1, 1994. However, if a health care practitioner acquired an investment interest in a facility before January 1, 1993, this chapter does not apply to referrals by that health care practitioner to that facility before January 1, 1997. [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 3174-L — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-L
22 §3174-L. Parity among counselors
Status: in_force

1. Licensed clinical social workers and licensed clinical professional counselors. Licensed clinical social workers must be eligible to receive Medicaid reimbursement for counseling services whenever licensed clinical professional counselors are eligible to be reimbursed for those services. Licensed clinical professional counselors must be eligible to receive Medicaid reimbursement for counseling services whenever licensed clinical social workers are eligible to be reimbursed for those services. [PL 1993, c. 393, §1 (NEW).]

2. Licensed master social workers and licensed professional counselors. Licensed master social workers must be eligible to receive Medicaid reimbursement for counseling services whenever licensed professional counselors are eligible to be reimbursed for those services. Licensed professional counselors must be eligible to receive Medicaid reimbursement for counseling services whenever licensed master social workers are eligible to be reimbursed for those services. [PL 1993, c. 393, §1 (NEW).]

3. Licensed clinical professional counselors. A licensed clinical professional counselor, as defined in Title 32, section 13851, subsection 2 , must be eligible to receive MaineCare reimbursement for counseling services at the same rate as a licensed clinical social worker, as defined in Title 32, section 7001‑A, subsection 6 . [PL 2017, c. 265, §1 (NEW).]
22 M.R.S. § 2660-D — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-D
22 §2660-D. Annual work plan on primacy
Status: in_force

Annually, by January 1st, the commissioner shall submit to the commission a work plan and budget, listing all funding sources including but not limited to appropriations from the General Fund and allocations from the United States Environmental Protection Agency that are used for the purpose of complying with federal requirements for maintaining primacy. The work plan must include goals and objectives relating to the use of administrative remedies that are consistent with other parts of the work plan. [PL 1993, c. 678, §6 (AMD).]
22 M.R.S. § 1664 — ME Code / Title 22 / Subtitle 2 / Chapter 269 / Section 1664
22 §1664. Lapse
Status: in_force

Funds made available to the department for the purposes of this chapter, whether from state, federal or private sources, shall not lapse, but shall be carried forward to the next fiscal year to be expended for the same purposes. [PL 1983, c. 826, §1 (NEW).]
22 M.R.S. § 1698 — ME Code / Title 22 / Subtitle 2 / Chapter 273 / Section 1698
22 §1698. Providers of work-site high blood pressure programs
Status: in_force

The Bureau of Health shall actively seek health care providers throughout the State to participate in identifying workers with high blood pressure and helping them control their disease through physician-prescribed treatment regimen. Standards of quality and criteria for awarding service contracts to health care providers shall be based on recommendations developed in partnership with the Maine High Blood Pressure Council, a statewide voluntary health council. The objective of these criteria will be to achieve high quality, cost-effective health programs which comply with state and federal standards. [PL 1983, c. 547, §1 (NEW).]
22 M.R.S. § 811 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 811
22 §811. Court procedures
Status: in_force

1. Subject of petition. As used in this section or in section 810 , "subject of the petition" means the person or the property upon which a public health measure is sought to be imposed pursuant to section 812 . [PL 1989, c. 487, §11 (NEW).]

2. Filing of petition. Proceedings for imposing a public health measure shall be initiated by the department filing a petition in the District Court for the district in which the subject of the petition is located. The petition shall name as the respondent the person who is the subject of the petition or the person who possesses the property which is the subject of the petition. The petition shall contain a summary statement of the facts which the petitioner believes constitute the grounds for granting relief pursuant to this chapter. [PL 1989, c. 487, §11 (NEW).]

3. Receipt of petition. Upon the receipt of a petition filed pursuant to this section or section 809 , the District Court shall fix a date of hearing. Pending hearing on the petition, the court may make such orders as it deems necessary to protect other individuals from the dangers of infection. [PL 1989, c. 487, §11 (NEW).]

4. Notice of hearing; waiver. Notice of the petition and the time and place of the hearing as well as the opportunity to be represented by counsel as set forth in subsection 6, paragraph C shall be served personally, not less than 3 days before the hearing, on the subject of the petition. The subject of the petition may waive notice of hearing, after opportunity to consult with an attorney, and upon filing of the waiver in writing, the District Court may hear the petition immediately. The hearing must occur within 10 days of the filing of the petition, excluding Saturdays, Sundays and legal holidays, unless waived in writing by the subject of the petition. [PL 1989, c. 487, §11 (NEW).]

5. Notice to facility. Whenever a petition requests that an individual be ordered to be tested in or committed to a hospital, notice of the petition and the time and place of the hearing shall be sent to the hospital which is to be requested to provide the proposed care and treatment. No hospital may be required to provide care and treatment to or to admit the individual named in the petition without the consent of the hospital. [PL 1989, c. 487, §11 (NEW).]

6. Hearings. Hearings under this chapter shall be governed by the Maine Rules of Civil Procedure and the Maine Rules of Evidence. A. The subject of the petition, the petitioner and all other persons to whom notice is required to be sent shall be afforded an opportunity to appear at the hearing to testify and to present and cross-examine witnesses. [PL 1989, c. 487, §11 (NEW).] B. The court may, in its discretion, receive the testimony of any other person and may subpoena any witness. [PL 1989, c. 487, §11 (NEW).] C. The subject of the petition shall be afforded an opportunity to be represented by counsel and, if the subject is indigent and requests counsel, the court shall appoint counsel. [PL 1989, c. 487, §11 (NEW).] D. An electronic recording shall be made of the proceedings and all hearings under this section. The record and all notes, exhibits and other evidence shall be confidential. [PL 1989, c. 487, §11 (NEW).] E. The hearing shall be confidential and no report of the proceedings may be released to the public, except by permission of the subject of the petition or the subject's counsel and with approval of the presiding District Court judge, except that the court may order a public hearing on the request of the subject of the petition or the subject's counsel. [PL 1989, c. 487, §11 (NEW).] [PL 1989, c. 487, §11 (NEW).]

7. Equitable relief. The District Court shall have original jurisdiction to grant equitable relief in proceedings brought pursuant to this chapter. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 1822-A — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1822-A
22 §1822-A. Notice to nursing facility applicants
Status: in_force

If an applicant to a nursing facility has not received a preadmission assessment in accordance with section 3174‑I , the nursing facility shall provide to the applicant and any relative or friend assisting the applicant a notice prepared by the department regarding preadmission assessment. The notice must indicate that preadmission assessment is required and that, if the applicant depletes the applicant's resources and applies for Medicaid in the future, the applicant may need to leave the nursing facility if an assessment conducted at that time finds that the applicant is not medically eligible for nursing facility services. [PL 1995, c. 170, §1 (AMD).]
22 M.R.S. § 1720 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1720
22 §1720. Nursing facility medical director reimbursement
Status: in_force

The department shall include in its calculation of reimbursement for services provided by a nursing facility an allowance for the cost of a medical director in a base year amount not to exceed $10,000, with that amount being subject to an annual cost-of-living adjustment. [PL 2005, c. 242, §1 (NEW).]
22 M.R.S. § 2423-D — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2423-D
22 §2423-D. Authorized conduct by a visiting qualifying patient
Status: in_force

A visiting qualifying patient from another jurisdiction that authorizes the medical use of cannabis pursuant to a law recognized by the department who possesses a valid medical cannabis certification from that other jurisdiction and photographic identification or a driver's license from that jurisdiction may engage in conduct authorized for a qualifying patient under this chapter, except that a visiting qualifying patient may not: [PL 2019, c. 209, §1 (AMD); PL 2021, c. 669, §5 (REV).]

1. Cultivate. Cultivate cannabis plants; [PL 2017, c. 452, §7 (NEW); PL 2021, c. 669, §5 (REV).]

2. Possess. Possess more than 2 1/2 ounces of harvested cannabis in a 15-day period; or [PL 2019, c. 209, §1 (AMD); PL 2021, c. 669, §5 (REV).]

3. Transfer or furnish. Transfer or furnish harvested cannabis to another person. [PL 2019, c. 209, §1 (AMD); PL 2021, c. 669, §5 (REV).]

4. Obtain. [PL 2019, c. 209, §1 (RP).]

The department shall maintain a list of other jurisdictions that authorize the medical use of cannabis and the images of the valid medical cannabis certifications from those jurisdictions and make that information available to registered caregivers and registered dispensaries. [PL 2019, c. 209, §1 (NEW); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 4038-B — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038-B
22 §4038-B. Permanency plans
Status: in_force

1. Mandated permanency planning hearing. Unless subsequent judicial reviews are not required pursuant to section 4038, subsection 1‑A , the District Court shall conduct a permanency planning hearing and shall determine a permanency plan within the earlier of: A. Thirty days after a court order to cease reunification; and [PL 2005, c. 372, §6 (NEW).] B. Twelve months after the time a child is considered to have entered foster care. A child is considered to have entered foster care on the date of the first judicial finding that the child has been subjected to child abuse or neglect or on the 60th day after removal of the child from home, whichever occurs first. [PL 2005, c. 372, §6 (NEW).] [PL 2005, c. 372, §6 (NEW).]

2. Subsequent permanency planning hearings. Unless subsequent judicial reviews are not required pursuant to section 4038, subsection 1‑A , the District Court shall conduct a permanency planning hearing within 12 months of the date of any prior permanency planning order. [PL 2005, c. 372, §6 (NEW).]

3. Permanency planning orders. After each permanency planning hearing, the District Court shall adopt a permanency plan for a child that complies with subsection 4 . The court shall enter the order within the time limitations contained in subsection 1 or 2 , whichever is applicable to the permanency planning hearing. [PL 2005, c. 372, §6 (NEW).]

4. Contents of permanency plan. A permanency plan for a child under this section must contain determinations on the following issues. A. The permanency plan must determine whether and when, if applicable, the child will be: (1) Returned to a parent. Before the court may enter an order returning the custody of the child to a parent, the parent must show that the parent has carried out the responsibilities set forth in section 4041, subsection 1‑A, paragraph B ; that to the court's satisfaction the parent has rectified and resolved the problems that caused the removal of the child from home and any subsequent problems that would interfere with the parent's ability to care for the child and protect the child from jeopardy; and that the parent can protect the child from jeopardy; (2) Placed for adoption, in which case the department shall file a petition for termination of parental rights; (3) Cared for by a permanency guardian, as provided in section 4038‑C , or a guardian appointed by the Probate Court pursuant to Title 18‑C, sections 5‑204 to 5‑206 ; (4) Placed with a fit and willing relative; or (5) Placed in another planned permanent living arrangement. The District Court may adopt another planned permanent living arrangement as the permanency plan for the child only after the department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to be returned home, be referred for termination of parental rights or be placed for adoption, be cared for by a permanency guardian or be placed with a fit and willing relative. [PL 2017, c. 402, Pt. C, §65 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. In the case of a child placed outside the state in which the parents of the child live, the permanency plan must determine whether the out-of-state placement continues to be appropriate and in the best interests of the child. [PL 2005, c. 372, §6 (NEW).] C. In the case of a child who is 14 years of age or older, the permanency plan must determine the services needed to assist the child to make the transition from foster care to independent living. [PL 2015, c. 381, §5 (AMD).] D. The permanency plan must ensure that all in-state and out-of-state placements are considered to provide the child with all possible permanency options. [PL 2009, c. 557, §2 (NEW).] [PL 2017, c. 402, Pt. C, §65 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Wishes of child. The District Court shall consider the wishes of a child, in a manner appropriate to the age of the child, in making a determination under this section. [PL 2009, c. 557, §3 (AMD).]
22 M.R.S. § 1652 — ME Code / Title 22 / Subtitle 2 / Chapter 267 / Section 1652
22 §1652. Providers of screening programs
Status: in_force

The Commissioner of Health and Human Services shall actively seek providers of health care to participate in regional programs which provide public information and screening for diethylstilbestrol exposed persons. In determining regional screening program providers, the commissioner shall consider the provider's compliance with state and federally mandated standards, the location in relation to the population to be served and the capacity of the provider to properly conduct these programs. [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 342 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 342
22 §342. Rules
Status: in_force

The department shall adopt any rules, standards, criteria, plans or procedures that may be necessary to carry out the provisions and purposes of this Act. The department shall provide for public notice and hearing on all proposed rules, standards, criteria, plans, procedures or schedules pursuant to Title 5, chapter 375 . Unless otherwise provided by this chapter, rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 680 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 680
22 §680. Radiation user fees
Status: in_force

1. Facilities. The registration fee for a facility for: A. Fiscal year 1997-98 is $100,000; and [PL 1997, c. 686, §10 (NEW).] B. Fiscal year 1998-99 is $25,000. [PL 1997, c. 686, §10 (NEW).] [PL 1997, c. 686, §10 (RPR).]

2. Radiation protection services. The department shall prescribe and collect such fees as may be established by regulation for radiation protection services provided under this Act. Services for which fees may be established include, but are not limited to: A. Registration of radiation generating equipment and other sources of radiation; [PL 1983, c. 345, §§13, 14 (NEW).] B. Issuance, amendment and renewal of licenses for radioactive materials; [PL 1983, c. 345, §§13, 14 (NEW).] C. Inspections of registrants or licensees; [PL 1987, c. 882, §4 (AMD).] D. Environmental surveillance activities to assess the radiological impact of activities conducted by licensees; and [PL 1987, c. 882, §4 (AMD).] E. Off-site monitoring network activities of licensed nuclear power production facilities conducted pursuant to section 674, subsection 4, paragraph M . [PL 1987, c. 882, §5 (NEW).] [PL 1987, c. 882, §§4, 5 (AMD).]

3. Fees. In determining rates of these fees, the department shall, as an objective, obtain sufficient funds therefrom to reimburse the State for the direct and indirect costs of the radiation protection services specified in subsection 2 . The department shall take into account any special arrangements between the State and a registrant, licensee, another state or a federal agency whereby the cost of the service is otherwise partially or fully recovered. [PL 1983, c. 345, §§13, 14 (NEW).]

4. Report. [PL 2007, c. 619, §4 (RP).]

5. Exemptions. The department may, upon application by an interested person, or on its own initiative, grant such exemptions from the requirements of this section as it determines are in the public interest. Applications for exemption under this subsection may include activities such as, but not limited to, the use of licensed materials for educational or noncommercial displays or scientific collections. [PL 1991, c. 824, Pt. B, §6 (AMD).]

6. Penalties. When a registrant or licensee fails to pay the applicable fee, the department may take action in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 345, §§13, 14 (NEW).]

7. Permanent fund. All fees shall be paid to the Treasurer of State to be maintained in a permanent fund and used to carry out the purposes of this chapter and chapter 159‑A . [PL 1987, c. 519, §7 (RPR).]
22 M.R.S. § 262 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 262
22 §262. Home visiting
Status: in_force

1. Voluntary universal home visiting program. The department, as permitted by the availability of funds, shall offer a voluntary universal home visiting program for new families with children from the prenatal stage of development through 5 years of age, regardless of family income level. The home visiting program must incorporate the following principles: A. Healthy and strong parent-child attachment; [PL 2007, c. 683, Pt. B, §2 (NEW).] B. Physical and behavioral health of the family; [PL 2007, c. 683, Pt. B, §2 (NEW).] C. Reduced incidence of child abuse and neglect; [PL 2007, c. 683, Pt. B, §2 (NEW).] D. Positive and creative learning environments for the child; [PL 2007, c. 683, Pt. B, §2 (NEW).] E. Effective and positive parenting; [PL 2007, c. 683, Pt. B, §2 (NEW).] F. Parental competencies and self-confidence; [PL 2007, c. 683, Pt. B, §2 (NEW).] G. Reducing family isolation through community linkages; [PL 2007, c. 683, Pt. B, §2 (NEW).] H. School readiness; and [PL 2007, c. 683, Pt. B, §2 (NEW).] I. Family self-sufficiency. [PL 2007, c. 683, Pt. B, §2 (NEW).] [PL 2007, c. 683, Pt. B, §2 (NEW).]
22 M.R.S. § 1326 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1326
22 §1326. Injunction requiring removal
Status: in_force

If the lead-based substance remains an environmental lead hazard at the expiration of 30 days or at the expiration of an extension given by the commissioner pursuant to section 1321 , that is a violation of this chapter and the State, in addition to any other remedies it has, may seek a mandatory injunction ordering the environmental lead hazard removed by a suitable 3rd party at the expense of the owner of the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school. [PL 2015, c. 267, Pt. LLLL, §3 (AMD).]
22 M.R.S. § 9060 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9060
22 §9060. Documentation
Status: in_force

1. Employer documentation. An employer subject to this chapter shall conduct and document the background check process in accordance with the requirements of this chapter and rules adopted pursuant to this chapter. [PL 2015, c. 299, §25 (NEW).]

2. Data storage. An employer shall manage and store, electronically or on paper, the data provided by the Background Check Center in a manner that allows for verification that the employer conducted the background check in compliance with this chapter and other relevant state and federal laws. Employer documentation must be made available to the department upon request. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 6101 — ME Code / Title 22 / Subtitle 4 / Chapter 1501 / Section 6101
22 §6101. Short title
Status: in_force

This Part may be cited as the "Priority Social Services Act of 1973." [RR 1991, c. 2, §84 (COR).]
22 M.R.S. § 3174-HH — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-HH
22 §3174-HH. Coordination of services
Status: in_force

For the purposes of maximizing coverage for prescription drugs for members who are enrolled in the MaineCare program, the department may provide prescription drug services for MaineCare members through the elderly low-cost drug program established under section 254‑D . [PL 2005, c. 401, Pt. B, §1 (NEW).] Revisor's Note: §3174-HH. MaineCare reimbursement for ambulance services (As enacted by PL 2005, c. 386, Pt. FF, §1 is REALLOCATED TO TITLE 22, SECTION 3174-JJ)
22 M.R.S. § 2642 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2642
22 §2642. Municipal regulation authorized; penalty
Status: in_force

1. Municipal regulations authorized. The municipal officers of each municipality, after notice and public hearing, may adopt regulations governing the surface uses of sources of public water supply, portions thereof or land overlying ground water aquifers and their recharge areas used as sources of public water supply that are located within that municipality in order to protect the quality of such sources of public water supply and the health, safety and welfare of persons dependent upon such supplies. At least 15 days prior to public hearings held under this section, notice of the hearing must be published in a newspaper of general circulation in the county in which the municipality is located and mailed by certified mail to each owner of land bordering the source of public water supply within that municipality. Regulations adopted pursuant to this section become void upon the expiration of one year from the date of the adoption unless sooner ratified by vote of the legislative body of the municipality. [PL 1995, c. 664, §1 (AMD).]

2. Penalty. Whoever willfully violates any regulation established under the authority of this section must, upon conviction, be penalized in accordance with Title 30‑A, section 4452 . [PL 1991, c. 824, Pt. A, §41 (AMD).]
22 M.R.S. § 2082 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2082
22 §2082. Legislative finding
Status: in_force

The Legislature finds that referral of patients by a health care practitioner to a facility in which the referring health care practitioner has an investment interest may present a potential conflict of interest, which could be harmful to the public health or welfare. [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 2071 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2071
22 §2071. Source of payment of expenses
Status: in_force

All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority under this chapter beyond the extent to which moneys shall have been provided under this chapter. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 8205 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8205
22 §8205. Collection and disclosure of information about a child's background
Status: in_force

This section governs the collection and disclosure of information about the child's background. [PL 1995, c. 391, §3 (RPR).]

1. Information to be collected. The licensed child placing agency shall obtain medical and genetic information on the birth parents and the child. Specifically, the licensed child placing agency shall attempt to obtain: A. A current medical, psychological and developmental history of the child, including an account of the child's prenatal care, medical condition at birth, results of newborn screening, any drug or medication taken by the child's birth mother during pregnancy, any subsequent medical, psychological or psychiatric examination and diagnosis, any physical, sexual or emotional abuse suffered by the child and a record of any immunizations and health care received since birth; and [PL 1995, c. 391, §3 (NEW).] B. Relevant information concerning the medical, psychological and social history of the birth parents, including any known disease or hereditary disposition to disease, the history of use of drugs and alcohol, the health of the birth mother during her pregnancy and the health of the birth parents at the time of the child's birth. [PL 1995, c. 391, §3 (NEW).] [PL 1995, c. 391, §3 (NEW).]

2. Disclosure before placement. Prior to the child being placed for the purpose of adoption, the licensed child placing agency shall provide the information described in subsection 1 to the prospective adoptive parents. [PL 1995, c. 391, §3 (NEW).]

3. Specific reasons for concern. If the licensed child placing agency has specific, articulable reasons to question the truth or accuracy of any of the information obtained, those reasons must be disclosed in writing to the prospective adoptive parents. [PL 1995, c. 391, §3 (NEW).]

4. Notice that information unavailable. The prospective adoptive parents must be informed in writing if any of the information described in subsection 2 can not be obtained, either because the records are unavailable or because the birth parents are unable or unwilling to consent to its disclosure or to be interviewed. [PL 1995, c. 391, §3 (NEW).]

5. Request for additional information. If, after a child is placed for adoption and either before or after the adoption is final, the child suffers a serious medical or mental illness for which the specific medical, psychological or social history of the birth parents or the child may be useful in diagnosing or treating such illness, the prospective adoptive or adoptive parents may request the child placing agency to attempt to obtain additional information. The child placing agency shall attempt to obtain the information promptly and shall disclose any information collected to the prospective adoptive or adoptive parents as soon as reasonably possible. The licensed child placing agency may charge a fee to the prospective adoptive or adoptive parents to cover the cost of obtaining and providing the additional information. Fees collected by the department must be dedicated to defray the costs of obtaining and providing the additional information. Fees may be reduced or waived for low-income prospective adoptive or adoptive parents. [PL 1995, c. 391, §3 (NEW).]

6. International adoptions. If the child to be placed for adoption is from a foreign country that has jurisdiction over the child and the prospective adoptive parents are United States citizens, compliance with federal and international adoption laws is deemed to be compliance with this section. [PL 1995, c. 391, §3 (NEW).]
22 M.R.S. § 7262 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7262
22 §7262. Definitions - Article 2
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 217, §1 (NEW).]

1. Authentication. "Authentication" means the process of verifying the identity and credentials of a person before authorizing access to prescription data. [PL 2011, c. 217, §1 (NEW).]

2. Authorized. "Authorized" means the granting of access privileges to prescription data. [PL 2011, c. 217, §1 (NEW).]

3. Bylaws. "Bylaws" means those bylaws established by the interstate commission pursuant to section 7268 for its governance or for directing or controlling its actions and conduct. [PL 2011, c. 217, §1 (NEW).]

4. Commissioner. "Commissioner" means the voting representative appointed by each member state pursuant to section 7266 . [PL 2011, c. 217, §1 (NEW).]

5. Interstate commission or commission. "Interstate commission" or "commission" means the Interstate Prescription Monitoring Program Commission created pursuant to section 7266 . [PL 2011, c. 217, §1 (NEW).]

6. Member state. "Member state" means any state that has adopted a prescription monitoring program and has enacted the enabling compact legislation. [PL 2011, c. 217, §1 (NEW).]

7. Practitioner. "Practitioner" means a person licensed, registered or otherwise permitted to prescribe or dispense a prescription drug. [PL 2011, c. 217, §1 (NEW).]

8. Prescription data. "Prescription data" means data transmitted by a prescription monitoring program that contains patient, prescriber, dispenser and prescription drug information. [PL 2011, c. 217, §1 (NEW).]

9. Prescription drug. "Prescription drug" means any drug required to be reported to a state prescription monitoring program and includes but is not limited to substances listed in the federal Controlled Substances Act. [PL 2011, c. 217, §1 (NEW).]

10. Prescription monitoring program. "Prescription monitoring program" means a program that collects, manages, analyzes and provides prescription data under the auspices of a state. [PL 2011, c. 217, §1 (NEW).]

11. Requestor. "Requestor" means a person authorized by a member state who has initiated a request for prescription data. [PL 2011, c. 217, §1 (NEW).]

12. Rule. "Rule" means a written statement by the interstate commission promulgated pursuant to section 7267 that is of general applicability; implements, interprets or prescribes a policy or provision of the compact; or is an organizational, procedural or practice requirement of the commission and has the force and effect of statutory law in a member state. "Rule" includes the amendment, repeal or suspension of an existing rule. [PL 2011, c. 217, §1 (NEW).]

13. State. "State" means any state, commonwealth, district or territory of the United States. [PL 2011, c. 217, §1 (NEW).]

14. Technology infrastructure. "Technology infrastructure" means the design, deployment and use of both individual technology-based components and the systems of such components to facilitate the transmission of information and prescription data among member states. [PL 2011, c. 217, §1 (NEW).]

15. Transmission. "Transmission" means the release, transfer, provision or disclosure of information or prescription data among member states. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 2517-D — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517-D
22 §2517-D. Rental of a licensed slaughterhouse
Status: in_force

1. Contract slaughtering. A commercial slaughterhouse licensed under section 2514 or a custom slaughterhouse registered under section 2514‑A , but not engaging in the custom slaughter of poultry, may enter into a contract with a poultry producer who otherwise meets the requirements of the exemption for poultry producers that slaughter or process 20,000 or fewer poultry under the Poultry Products Inspection Act, 21 United States Code, Section 464(c)(3) to rent that slaughterhouse to the poultry producer for the slaughter and processing of the poultry producer's poultry. Poultry slaughtered and processed under the rental contract must be slaughtered and processed by the poultry producer. A poultry producer that otherwise meets the requirements of the 20,000 or fewer poultry exemption, and having the intent to rent a slaughterhouse that is currently used by another poultry producer that meets the requirements of the exemption, must obtain approval from the commissioner in accordance with the requirements of the federal Food Safety and Inspection Service Administrator. [PL 2021, c. 64, §24 (AMD).]

2. Restrictions on point of sale. Poultry slaughtered and processed under this section may not be offered for sale or transportation in interstate commerce. [PL 2013, c. 252, §5 (NEW).]

3. Labeling. Packaging for poultry slaughtered and processed under this section must bear the name and address of the renting poultry producer and the statement "Exempted P.L. 90-492." [PL 2013, c. 252, §5 (NEW).]
22 M.R.S. § 3024 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3024
22 §3024. Salaries; fees; expenses
Status: in_force

The salary of the Chief Medical Examiner of the State must be set by the Governor. Other nonsalaried medical examiners and nonsalaried medicolegal death investigators, upon the submission of their completed report to the Chief Medical Examiner, must be paid a fee of up to $150 for an inspection and view and are entitled to receive travel expenses to be calculated at the mileage rate currently paid to state employees pursuant to Title 5, section 8 . An additional fee of $50 may be authorized by the Chief Medical Examiner for payment to other nonsalaried medical examiners and nonsalaried medicolegal death investigators for visits to death scenes other than hospitals. [PL 2025, c. 388, Pt. X, §1 (AMD).]

The fees for autopsies performed by pathologists, at the request of a medical examiner or the Chief Medical Examiner, must be set by the Chief Medical Examiner at a level that provides reasonable payment for necessary costs and a reasonable fee in light of prevailing rates for the services of a pathologist in the State. [PL 2001, c. 222, §3 (AMD).]

The Chief Medical Examiner may, in an unusual circumstance as determined by the Chief Medical Examiner, prescribe a special fee for the service of a medical examiner or medicolegal death investigator or for any consultant service the Chief Medical Examiner determines necessary. A special fee prescribed by the Chief Medical Examiner under this paragraph may not include a fee for a standard blood, urine or vitreous collection. [PL 2025, c. 388, Pt. X, §2 (AMD).]

The Chief Medical Examiner may authorize any other expenses necessary to carry out the Chief Medical Examiner's duties. The Chief Medical Examiner shall reimburse a funeral establishment that transports a body to Augusta at the request of the Office of Chief Medical Examiner at the following rates: for up to and including the first 25 miles, $120; for the next 25 miles, $2 per mile traveled while actually transporting a body; and for miles in excess of 50, $1.75 per mile traveled while actually transporting a body. [PL 2011, c. 445, §1 (AMD); PL 2011, c. 445, §3 (AFF).]

All compensation and expenses authorized by this chapter must be paid from the funds of the State appropriated by the Legislature for this purpose. [PL 2001, c. 222, §3 (AMD).]

If the Chief Medical Examiner or employees of that office provide expert opinion or testimony relating to Maine medical examiner cases on behalf of private litigants, the Chief Medical Examiner may set a reasonable fee for these services, preparation leading to them and expenses incurred in providing them. All fees, charges or other receipts must be credited to the General Fund. Medical examiners, medicolegal death investigators and consultants who serve the State on a fee per case basis are excluded from this paragraph and may make private arrangements for these services. [PL 2013, c. 113, §3 (AMD).]

Notwithstanding Title 5, section 1585 or any other provision of law, available balances in the Chief Medical Examiner account, Personal Services line category in excess of funds needed to offset attrition may be transferred by financial order to the Chief Medical Examiner account, All Other line category to provide for contracted medical examiner services upon the recommendation of the State Budget Officer and approval of the Governor. [PL 2013, c. 368, Pt. DD, §2 (NEW).]
22 M.R.S. § 4264 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4264
22 §4264. Member states; effective date and amendment - Article 14 (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. Member. Any state is eligible to become a member state. [PL 2007, c. 255, §6 (NEW).]

2. Effective. The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 35 states. The effective date is the later of July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter the compact becomes effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administrations with ultimate responsibility for the child welfare program of nonmember states or their designees are invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states. [PL 2007, c. 255, §6 (NEW).]

3. Amendments. The interstate commission may propose amendments to the compact for enactment by the member states. An amendment does not become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 4247 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4247
22 §4247. Executive head
Status: in_force

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of said Article VII .
22 M.R.S. § 3175-C — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3175-C
22 §3175-C. Delinquent hospital taxes to be withheld from Medicaid payments
Status: in_force

When the commissioner receives written notice from the State Tax Assessor that a hospital is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2883 or chapter 377 , the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the hospital's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the hospital and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the hospital's tax account. [PL 2003, c. 513, Pt. CC, §1 (AMD).]
22 M.R.S. § 1553-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1553-A
22 §1553-A. Sales of tobacco products; vending machines (WHOLE SECTION TEXT REPEALED 1/5/26 by PL 2025, c. 367, §§7, 20)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT REPEALED 1/5/26 by PL 2025, c. 367, §§7, 20)(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/05/26)

In addition to the tobacco license required in section 1551‑A , the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

1. Vending requirements. When the sale of cigarettes or any other tobacco product is made from a vending machine the following is required. A. Only cigarettes or any other tobacco products may be dispensed by that machine. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. A sign must be affixed conspicuously to the front of the machine. The sign must: (1) Contain lettering that is at least 3/8 inches in height; and (2) State the following: "WARNING. It is unlawful to sell tobacco products in this State 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." [PL 2017, c. 308, §5 (AMD).] C. [PL 2017, c. 308, §5 (RP).] Vending machines may be located only in areas in which persons who are 21 years of age or older are allowed. [PL 2017, c. 308, §5 (AMD).]

2. Penalty. Any person, firm or corporation, in control of a facility in which a vending machine is located, who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which the person, firm or corporation may be prohibited for a period of not more than 6 months from having a cigarette vending machine located on the premises or both. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
22 M.R.S. § 1581 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1581
22 §1581. Purpose
Status: in_force

The purpose of this chapter is to protect the public health; to regulate and license the suppliers of compressed air used in self-contained breathing apparatus; to set up rules and regulations to establish the maximum permissible amount of all contaminants expressed either in percentages or in parts per million of volume, or both; to set up standards for the condition of the compression equipment; and to prescribe penalties for violations of this chapter. [PL 1977, c. 696, §185 (NEW).]
22 M.R.S. § 3195 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3195
22 §3195. Compensation for care provided to persons with intellectual disabilities or autism
Status: in_force

1. Reimbursement. The department shall reimburse services provided to MaineCare member adults with intellectual disabilities or autism under a waiver granted by the federal Centers for Medicare and Medicaid Services for home-based and community-based care on the basis of rates and a methodology established by major substantive rulemaking. The department shall, at least every 2 years, conduct a substantive review of the rates set under this section. The review must provide for public comment. This section applies to all funds, including federal funds, paid by any agency of the State to a provider for care covered by the waiver. [PL 2017, c. 459, Pt. A, §1 (NEW).]

2. Rulemaking. The department shall adopt rules providing reimbursement rates under this section that take into account the costs of providing care and services in conformity with applicable state and federal laws, rules, regulations and quality and safety standards and local competitive wage markets. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 459, Pt. A, §1 (NEW).]
22 M.R.S. § 2672 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2672
22 §2672. Availability of investigational drug, biological product or device by manufacturer
Status: in_force

A manufacturer of an investigational drug, biological product or device may make available the investigational drug, biological product or device to an eligible patient. [PL 2015, c. 418, §1 (NEW).]

1. Compensation. A manufacturer may provide an investigational drug, biological product or device to an eligible patient with or without receiving compensation. [PL 2015, c. 418, §1 (NEW).]

2. Costs. A manufacturer may require an eligible patient to pay the costs of manufacturing the dosage of an investigational drug, a biological product or a device dispensed to that eligible patient. [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 2641 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2641
22 §2641. Source of public water supply defined
Status: in_force

As used in this subchapter, unless the context otherwise indicates, "public water source" means any natural or human-made impoundment, pond or lake or ground water aquifer whose waters are transported or delivered by a public water system, as defined in section 2601, subsection 8 . Where the intake of a public water supply is on the outlet of any impoundment, pond or lake, the source of the public water supply is considered to be the impoundment, pond or lake itself. [RR 2021, c. 2, Pt. B, §130 (COR).]
22 M.R.S. § 2604-B — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2604-B
22 §2604-B. Schools, sampling and examination of water for lead
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "school" means a private school as defined in Title 20‑A, section 1, subsection 22 or a public school as defined in Title 20‑A, section 1, subsection 24 . [PL 2019, c. 158, §1 (NEW).]

2. Lead testing. To the extent the department provides the necessary resources to a school so that the school is not required to expand or modify its activities so as to necessitate additional expenditures from local revenue, a school shall test water used for drinking or culinary purposes for lead using water testing kits or by submitting samples of water used for drinking or culinary purposes to an approved laboratory under section 2607 for lead testing. If the water is found to violate the water lead levels established by the department, the department shall issue specific guidance to the school on reducing exposure to lead according to procedures established by the department pursuant to subsection 3 . [PL 2019, c. 158, §1 (NEW).]

3. Rules. The department shall adopt rules necessary to implement this section, including, but not limited to, establishing water lead levels; testing protocols, including the frequency of testing; abatement or mitigation methods; procedures for the issuance of guidance to reduce exposure to lead; and public notification procedures. In adopting rules to implement this section, the department shall consider the United States Environmental Protection Agency's recommendations for reducing lead in drinking water in schools. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 158, §1 (NEW).]

4. Implementation. In implementing this section, the department: A. May not require a school to expand or modify its activities so as to necessitate additional expenditures from local revenue; and [PL 2019, c. 158, §1 (NEW).] B. Within existing resources, to the maximum extent possible, shall provide resources to schools in order to achieve the purposes of this section. If the department determines that sufficient resources are unavailable to a school in order to achieve the purposes of this section, the department shall seek to identify alternative means to achieve the purposes of this section. [PL 2019, c. 158, §1 (NEW).] [PL 2019, c. 158, §1 (NEW).]

5. Reports. By January 1, 2021 and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the number of schools tested for lead, whether the department issued specific guidance to any schools to reduce exposure to lead, the number of schools that engaged in abatement or mitigation and the methods of abatement or mitigation used. [PL 2019, c. 158, §1 (NEW).]
22 M.R.S. § 1818 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1818
22 §1818. Appeals
Status: in_force

Any person who is aggrieved by the decision of the department in refusing to issue a license or the renewal of a license may request a hearing as provided by the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1981, c. 470, Pt. A, §72 (AMD).]
22 M.R.S. § 3788-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3788-A
22 §3788-A. MaineServe
Status: in_force

The department shall establish a MaineServe program designed to provide parents who are eligible for TANF assistance opportunities to serve their communities and the State. [PL 1997, c. 530, Pt. A, §27 (AMD).]

1. Purposes. The purposes of the MaineServe program are as follows: A. To meet the human, educational, environmental and public safety needs of this State without displacing existing workers; [PL 1995, c. 418, Pt. A, §34 (NEW).] B. To renew the ethic of civic responsibility and the spirit of community throughout the State; [PL 1995, c. 418, Pt. A, §34 (NEW).] C. To encourage parents who are eligible for TANF assistance to engage in voluntary service to the State; [PL 1997, c. 530, Pt. A, §27 (AMD).] D. To expand and strengthen existing nonprofit and public sector initiatives that are addressing the needs of their communities and of the State; and [PL 1995, c. 418, Pt. A, §34 (NEW).] E. To provide parents who are eligible for TANF the opportunities to serve their communities and the State in a manner that assists them in developing and renewing their skills in ways that may lead to employment that is sufficient to sustain their families. [PL 1997, c. 530, Pt. A, §27 (AMD).] [PL 1997, c. 530, Pt. A, §27 (AMD).]

2. Eligibility. Any ASPIRE-TANF participant over 16 years of age is eligible to volunteer for MaineServe, except that any person under 20 years of age who has not completed high school or its equivalent must also participate in an educational activity designed to complete high school education. [PL 1997, c. 530, Pt. A, §27 (AMD).]

3. Duration of service. MaineServe volunteers may serve for up to 9 months. At the end of the service period, the MaineServe volunteer and the ASPIRE-TANF case manager shall evaluate the MaineServe placement. If it is determined to be appropriate, the MaineServe volunteer may renew the placement within MaineServe. [PL 1997, c. 530, Pt. A, §27 (AMD).]

4. Conditions of service. The MaineServe program is an alternative work experience program subject to the standards set out in the Social Security Act, 42 United States Code, Section 682(f). [PL 1995, c. 418, Pt. A, §34 (NEW).]
22 M.R.S. § 8823 — ME Code / Title 22 / Subtitle 6 / Chapter 1686 / Section 8823
22 §8823. Newborn Hearing Screening Advisory Board
Status: in_force

The Newborn Hearing Screening Advisory Board, as established in Title 5, section 12004-G, subsection 14-C , is created to provide oversight and advice on the program. The department shall provide administrative support services required by the board. [PL 1999, c. 647, §2 (NEW).]

1. Duties. The board shall perform the following duties. A. The board shall oversee the program and advise the commissioner on issues relating to the program and shall recommend procedures for hearing screening, evaluation, treatment and intervention services. [PL 1999, c. 647, §2 (NEW).] B. Beginning January 1, 2001, the board shall report each year to the joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters on the program, the percentages of children being screened and evaluated and those children being offered and receiving intervention and treatment services. The report must be made available to the public. [PL 1999, c. 647, §2 (NEW).] [PL 1999, c. 647, §2 (NEW).]

2. Composition of board. The board consists of an odd number of members, numbering at least 15, appointed by the Governor, including but not limited to: A. An audiologist, a physician, a speech-language pathologist, a nurse, a certified teacher of the deaf and a person who provides early intervention services to children who are deaf or hard-of-hearing through the Governor Baxter School for the Deaf; [RR 2017, c. 1, §15 (COR).] B. A person who is culturally deaf, a person who is hard-of-hearing or deaf, a parent of a child who is culturally deaf, a parent of a child who is hard-of-hearing or deaf and a parent of a hearing child; and [PL 1999, c. 647, §2 (NEW).] C. A representative of hospitals, a representative of health carriers, a representative of the early childhood special education program under Title 20-A, chapter 303 and a representative of the department. [PL 2005, c. 662, Pt. A, §42 (AMD).] [RR 2017, c. 1, §15 (COR).]

3. Reimbursement for expenses. Board members may be reimbursed for reasonable and necessary expenses incurred to attend board meetings but are not entitled to per diem payments. [PL 1999, c. 647, §2 (NEW).]

4. Funding. The department shall provide financial and staff support for the board. The department shall submit grant proposals for funding the program to the Federal Government under the federal Newborn and Infant Hearing Screening and Intervention Act of 1999 and under 42 United States Code, Chapter 7, Subchapter V. [PL 1999, c. 647, §2 (NEW).]
22 M.R.S. § 2057 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2057
22 §2057. Acquisition of property by authority
Status: in_force

The authority is authorized and empowered, directly or by and through a participating health care facility, a participating institution for higher education or a participating institution providing an educational program, as its agent, to acquire by purchase or by gift or devise such lands, structures, property, real or personal, rights and air rights, rights-of-way, franchises, easements and other interests in lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State, as it determines necessary or convenient for the construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State, and to take title to lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State in the name of the authority or in the name of a participating health care facility, a participating institution for higher education or a participating institution providing an educational program as its agent. [PL 2007, c. 354, §16 (AMD).]
22 M.R.S. § 1696-I — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1696-I
22 §1696-I. Noncommercial fishing and public health
Status: in_force

The Director of the Bureau of Health shall assess regularly whether any health threats exist for persons consuming freshwater and anadromous fish caught in state waters by noncommercial anglers. The assessment must be based on appropriate technical and scientific data and public health analyses and must include, but is not limited to, the risk of carcinogenic, mutagenic, teratogenic and reproductive effects and infectious disease. In preparing the assessment, the director shall consult with the Commissioner of Marine Resources, the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife. [PL 1993, c. 280, §1 (NEW).]

If, in the professional judgment of the Director of the Bureau of Health, conditions exist in which consumption of fish caught in state waters poses a threat to public health, the director shall prepare an advisory of the public health threat. The advisory must be in a form suitable for posting in places frequented by noncommercial anglers. The director has final authority regarding the content of the advisory, including the exact language used in the advisory. The Commissioner of Inland Fisheries and Wildlife is responsible for printing and posting verbatim copies of the advisory and for incorporating the verbatim health advisory in the abstract of fish and wildlife laws. [PL 2007, c. 539, Pt. E, §5 (AMD).]
22 M.R.S. § 349-A — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 349-A
22 §349-A. Compliance investigation
Status: in_force

To ensure compliance with this chapter or rules adopted under this chapter, the department may investigate a health care facility or other entity subject to this chapter when the department has a reasonable basis to suspect that a violation has occurred. The health care facility or other entity subject to this chapter may not interfere with or impede the investigation. [PL 2009, c. 556, §1 (NEW).]

1. Right of entry. The department may enter and inspect the premises of a health care facility or other entity subject to this chapter with the permission of the owner or person in charge, or with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court authorizing entry and inspection, when the department has a reasonable basis to suspect that a provision of this chapter or a rule adopted under this chapter has been violated. The right of entry extends to any premises that the department has reason to believe is operated and maintained in violation of this chapter or rules adopted under this chapter. A letter of intent or an application for a certificate of need made pursuant to this chapter and rules adopted under this chapter constitutes permission for entry or inspection of the premises for which the certificate of need is sought in order to facilitate verification of the information submitted on or in connection with a letter of intent or an application for a certificate of need. [PL 2009, c. 556, §1 (NEW).]

2. Access to information. The department, at any reasonable time, upon demand, has the right to inspect and copy books, accounts, papers, records and other documents or information, whether stored electronically, on paper or in other forms, including, but not limited to, documents and information regarding total capital expenditures and operating costs for a project, ownership or control of a health care facility or other entity subject to this chapter or health services provided, when the department has a reasonable basis to suspect that a provision of this chapter or a rule adopted under this chapter has been violated. [PL 2009, c. 556, §1 (NEW).]

3. Findings of fact. Upon completion of an investigation pursuant to this section, the department shall prepare findings of fact and make a recommendation to the commissioner as to whether a provision of this chapter or a rule adopted under this chapter has been violated. If the commissioner determines that a violation has occurred, the commissioner may pursue one or more of the remedies authorized under this Act. [PL 2009, c. 556, §1 (NEW).]

4. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 556, §1 (NEW).]
22 M.R.S. § 2021 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2021
22 §2021. Use
Status: in_force

All fees charged and collected by the department shall be deposited by it in the State Treasury to the credit of the department. All such money is appropriated to be used by the department in carrying out this Act. The expenditures of the department may be paid from that money. [PL 1993, c. 600, Pt. B, §7 (AMD).]
22 M.R.S. § 2018 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2018
22 §2018. Terms
Status: in_force

A license to conduct a medical laboratory when the owner is not the director shall be issued jointly to the owner and the director for the premises stated in the application, and they shall be severally and jointly responsible to the department for the maintenance and conduct thereof and for any violations of this Act and regulations pertaining thereto. A separate license must be obtained for each location. A license shall be valid only in the hands of the persons to whom it is issued and shall not be the subject of sale, assignment or transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which issued. A new license, for the unexpired length of time of the original license, may be secured, without the payment of any additional fee, for the new location, director or owner prior to the actual change, provided that the contemplated change is in compliance with this Act and regulations pertaining thereto. [PL 1975, c. 218 (RPR).]

This section is not to be construed as limiting the ownership of laboratories to persons who qualify under the provisions of this chapter as a director, but rather is intended to stipulate that a director as defined in section 2014, subsection 3 , is necessary in order for a laboratory to obtain a license. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 1556-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1556-A
22 §1556-A. Enforcement
Status: in_force

The provisions of this chapter and Title 36, section 4366‑C may be enforced by law enforcement officers as defined by Title 17‑A or by individuals hired by contract with the department to enforce this law. [PL 1999, c. 616, §1 (AMD).]

1. Contract officers. The authority of contract officers hired under this chapter is limited to enforcement of this chapter and Title 36, section 4366‑C . Authorization to enforce this chapter is granted by the Commissioner of Public Safety, by terms mutually agreed upon between the department and the Department of Public Safety. Contract officers must have an appropriate background in law enforcement. Contract officers are exempt from ongoing training requirements except as otherwise determined by the Commissioner of Public Safety. These contract officers are not considered law enforcement officers for the purposes of enforcing the Maine Juvenile Code. [PL 2007, c. 467, §1 (AMD).]

2. Enforcement; jurisdiction. Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17‑A filed in the District Court. Enforcement of civil violations set forth in section 1555‑B may be carried out by complaint filed in District Court. All civil violations involving licenses issued pursuant to section 1551‑A are within the jurisdiction of the District Court pursuant to section 1557, subsection 1 . [RR 1999, c. 2, §22 (COR); RR 1999, c. 2, §23 (AFF).]

3. Injunction. [PL 1995, c. 593, §5 (RP).]
22 M.R.S. § 4267 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4267
22 §4267. Binding effect of compact and other laws - Article 17 (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. Other laws. Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states' laws conflicting with this compact or its rules are superseded to the extent of the conflict. [PL 2007, c. 255, §6 (NEW).]

2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the member states. A. All agreements between the interstate commission and the member states are binding in accordance with their terms. [PL 2007, c. 255, §6 (NEW).] B. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 669 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 669
22 §669. State assessment
Status: in_force

1. Annual fee. Any licensee operating an interim spent fuel storage facility in this State shall pay a fixed annual fee to cover all present and reasonably foreseeable future state fees, costs and assessments with respect to the licensee, including, but not limited to, the costs of any commission investigation; the commission's participation in wholesale rate proceedings; safety, radiation and environmental monitoring; and security oversight-related costs. This annual fee consolidates the various fees and assessments imposed by the State on the licensee. [PL 2007, c. 539, Pt. KK, §7 (NEW).]

2. Amount. The amount of the fixed payment is as follows: A. Calendar year 2008, $296,667; and [PL 2007, c. 539, Pt. KK, §7 (NEW).] B. Calendar years 2009 to the 12th month of the year following the year the spent nuclear fuel is removed from the site, $220,000 per year. [PL 2007, c. 539, Pt. KK, §7 (NEW).] [PL 2007, c. 539, Pt. KK, §7 (NEW).]

3. Compliance costs. The fees paid under this section are independent of and in addition to any compliance costs incurred either by the licensee or by any contractor hired by the Department of Environmental Protection to oversee, monitor or implement measures necessary to ensure compliance pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended. [PL 2007, c. 539, Pt. KK, §7 (NEW).]
22 M.R.S. § 8717 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8717
22 §8717. Covered entities' access to protected health information (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 528, §12)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Permitted uses and disclosures; definitions. The organization may disclose protected health information without authorization by the subject of the information for the treatment activities of any health care provider, the payment activities of a covered entity and of any health care provider or the health care operations of a covered entity or its business associates involving either quality or competency assurance activities or fraud and abuse detection and compliance activities, if the covered entity has a relationship with the subject of the information and the protected health information pertains to the relationship. For the purposes of this section: A. "Health care operations" means any of the following activities of a covered entity: (1) Quality assessment and improvement activities, including case management and care coordination; (2) Competency assurance activities, including provider or health plan performance evaluation, credentialing and accreditation; (3) Conducting or arranging for medical reviews, audits or legal services, including fraud and abuse detection and compliance programs; (4) Specified insurance functions, such as underwriting, risk rating and reinsuring risks; (5) Business planning, development, management and administration; and (6) Business management and general administrative activities of the covered entity, including but not limited to de-identifying protected health information, creating a limited data set and permissible fund-raising for the benefit of the covered entity; [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] B. "Payment activities" means activities of a health plan to obtain premiums, determine or fulfill responsibilities for coverage and provision of benefits and furnish or obtain reimbursement for health care delivered to an individual and activities of a health care provider to obtain payment or be reimbursed for the provision of health care to an individual; and [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] C. "Treatment" means the provision, coordination or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding an individual and referral of an individual by one provider to another. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).] [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

2. Minimum necessary. The board shall develop policies and procedures that reasonably limit disclosures of, and requests for, protected health information for payment activities and health care operations to the minimum extent necessary. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

3. Choice regarding disclosure of information. Before approving the release of any protected health information under this chapter, the organization shall implement a mechanism that allows an individual to choose to not allow the organization to disclose and use the individual's health information under this chapter. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]
22 M.R.S. § 3814 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3814
22 §3814. Service
Status: in_force

The department may serve a notice to repay by certified mail, return receipt requested, by personal service by an authorized representative of the commissioner, or as specified by the Maine Rules of Civil Procedure. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 1558-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1558-A
22 §1558-A. Record of proceedings; transcript
Status: in_force

1. Court record. The District Court shall keep a full and complete record of all proceedings before the court of any enforcement actions or on the revocation and suspension of any license issued by the department. The District Court is not required to have a transcript of the testimony prepared unless required for rehearing or appeal. [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 to department. The District Court shall forward to the department notice of final disposition of all proceedings conducted pursuant to this subchapter. The department shall maintain the records of the proceedings for at least 5 years. [PL 2011, c. 657, Pt. AA, §61 (AMD).]

3. Notice to defendant. Notice of the decision of the District Court must be sent to the defendant by certified mail to the address given by the licensee to the department. [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).]
22 M.R.S. § 7261 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7261
22 §7261. Purpose - Article 1
Status: in_force

The purpose of the interstate prescription monitoring program compact, referred to in this chapter as "the compact," is to provide a mechanism for state prescription monitoring programs to securely share prescription data to improve public health and safety. The compact is intended to: [PL 2011, c. 217, §1 (NEW).]

1. Enhance state prescription monitoring programs. Enhance the ability of state prescription monitoring programs, in accordance with state laws, to provide an efficient and comprehensive tool for: A. Practitioners to monitor patients and support treatment decisions; [PL 2011, c. 217, §1 (NEW).] B. Law enforcement officials to conduct diversion investigations when authorized by state law; [PL 2011, c. 217, §1 (NEW).] C. Regulatory agencies to conduct investigations or other appropriate reviews when authorized by state law; and [PL 2011, c. 217, §1 (NEW).] D. Other uses of prescription drug data authorized by state law for purposes of curtailing illegal substance use and diversion; and [PL 2017, c. 407, Pt. A, §88 (AMD).] [PL 2017, c. 407, Pt. A, §88 (AMD).]

2. Provide technology infrastructure. Provide a technology infrastructure to facilitate secure data transmission. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 1907 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1907
22 §1907. Refusal
Status: in_force

The refusal of any person to accept family planning services does not affect the right of that person to receive public assistance or public health services or to access any other public benefit. The employees of agencies engaged in the administration of this chapter shall recognize that the right to make decisions concerning family planning is a fundamental personal right of the individual, and nothing in this chapter in any way abridges such right nor may any individual be required to receive family planning services or to state reasons for refusing the offer of family planning services. [PL 2019, c. 236, §8 (AMD).]
22 M.R.S. § 2149-B — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2149-B
22 §2149-B. Home health aide services to minors (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See PL 2023, c. 412, Pt. GGG, §5)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2023, c. 412, Pt. GGG, §5)

Notwithstanding section 2147, subsection 2 , a parent of a child who is eligible for home health aide services under the MaineCare program may receive reimbursement for providing those services to the child pursuant to this section and according to department rule. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. GGG, §1 (NEW); PL 2023, c. 412, Pt. GGG, §5 (AFF).]
22 M.R.S. § 1718 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718
22 §1718. Consumer information
Status: in_force

Each hospital or ambulatory surgical center licensed under chapter 405 shall, upon request by an individual, provide the average charge for any inpatient service or outpatient procedure provided by the licensee. If a single medical encounter will involve services or procedures to be rendered by one or more 3rd-party health care entities as defined in section 1718‑B, subsection 1, paragraph B , the hospital or ambulatory surgical center shall identify each 3rd-party health care entity to enable the individual to seek an estimate of the total price of services or procedures to be rendered directly by each health care entity to that individual. For emergency services, the hospital must provide the average charges for facility and physician services according to the level of emergency services provided by the hospital and based on the time and intensity of services provided. The hospital or ambulatory surgical center shall prominently display a notice informing individuals of an individual's authority to request information on the average charges described in this paragraph from the hospital or ambulatory surgical center. [PL 2013, c. 560, §1 (AMD).]

1. Inpatient services. [PL 2009, c. 71, §3 (RP).]

2. Outpatient nonemergent procedures. [PL 2009, c. 71, §3 (RP).]

3. Emergency services. [PL 2009, c. 71, §3 (RP).]
22 M.R.S. § 41-B — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 41-B
22 §41-B. Auditing and adjusting of health care and community service provider costs
Status: in_force

This section governs the rules of the department and the practices of its auditors in interpreting and applying those rules with respect to payments for providers under the MaineCare program and payments by the department under grants and agreements audited pursuant to the Maine Uniform Accounting and Auditing Practices Act for Community Agencies. [PL 2005, c. 588, §2 (NEW).]

1. Revised audit interpretations to be applied prospectively. Whenever the department's auditors revise an interpretation of a rule, agreement, circular or guideline in a manner that would result in a negative adjustment of a provider's or agency's allowable costs, the revised interpretation may be applied only to provider or agency fiscal years beginning after the date of the examination report, audit report or other written notification in which the provider or agency receives direct notice of the revised interpretation. For the fiscal year to which the report containing the revised interpretation applies, and any subsequent fiscal year ending prior to the issuance of the revised interpretation, the cost that is the subject of the revised interpretation must be considered allowable to the extent that it was allowable under the interpretation previously applied by the Office of Audit for MaineCare and Social Services, referred to in this section as "the office of audit." This subsection does not prohibit the office of audit from applying an adjustment to a fiscal year solely because that cost was not disallowed in a prior year. [PL 2005, c. 588, §2 (NEW).]

2. Determination of "ordinary," "necessary" and "reasonable" costs. In making findings concerning whether a cost is "ordinary," "necessary" and "reasonable," the office of audit shall consider the following criteria in conjunction with applicable state and federal rules, regulations, guidelines and agreements: A. Whether a substantial number of providers of health care or community services in the State incur costs of similar magnitude, frequency, quantity or price level to the costs under review; [PL 2005, c. 588, §2 (NEW).] B. Whether the expenditure is reasonably incurred to produce, accomplish, facilitate or compensate persons for providing an item or service related to the purpose of a program or activity for which the State has contracted or for which the State otherwise provides payment; [PL 2005, c. 588, §2 (NEW).] C. Whether the expenditure is comparable to an expenditure made by a department or agency of the State responsible for services or programs similar to those to which the finding applies; and [PL 2005, c. 588, §2 (NEW).] D. Whether the expenditure is consistent with meeting special needs of the population served through innovative or specialized services offered by a particular provider. [PL 2005, c. 588, §2 (NEW).] [PL 2005, c. 588, §2 (NEW).]

3. Employee compensation and benefit costs. In evaluating whether employee wages, salaries and benefits are reasonable and allowable, the department may not disallow the costs of any employee benefits, wages or salaries if the total of those costs is reasonable under the criteria set forth in subsection 2 . [PL 2005, c. 588, §2 (NEW).]

4. Other expenses. The department shall modify its rules governing MaineCare reimbursement and other reimbursements pursuant to grants, contracts or agreements for health care providers and other agencies providing community services to allow, to the extent permitted by applicable federal law, the costs of employee information publications, health or first-aid clinics or infirmaries, recreational activities, employee counseling services and any other expenses incurred in accordance with the health care provider or other agency's established practice or custom for the improvement of working conditions, employer-employee relations, employee morale and employee performance. [PL 2005, c. 588, §2 (NEW).]
22 M.R.S. § 3768 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3768
22 §3768. Fraud in obtaining aid, civil recovery
Status: in_force

Any sums paid to or in behalf of any person under sections 3762 to 3765 , as a result of any false statement, misrepresentation or concealment of assets or income, may be recovered in a civil action brought by the department against the person to whom such money was paid. [PL 1997, c. 530, Pt. A, §16 (NEW).]
22 M.R.S. § 2497 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2497
22 §2497. Right of entry, inspection and determination of compliance
Status: in_force

The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules in force pursuant to this chapter. Such right of entry and inspection extends to any premises that the department has reason to believe is being operated or maintained without a license but no such entry and inspection of any premises may be made without the permission of the owner or person in charge unless a search warrant is obtained authorizing entry and inspection. The department and any duly designated officer or employee of the department do not have the right to enter, for inspection under this chapter, upon and into the premises of any establishment that is licensed under chapter 551, subchapter 1 . [PL 2011, c. 375, §2 (AMD).]

Determination of compliance with this chapter and any rules adopted pursuant to this chapter must be made at least once every 2 years by inspection or other method as determined by the department. [PL 2011, c. 375, §2 (AMD).]
22 M.R.S. § 1548 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1548
22 §1548. Enforcement (REALLOCATED FROM TITLE 22, SECTION 1547)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 1547)

The Attorney General may bring an action to enforce this chapter in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this chapter by a person or any person controlling such person. [RR 2005, c. 1, §5 (RAL).]
22 M.R.S. § 3265 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3265
22 §3265. Confidentiality
Status: in_force

Information concerning an applicant or beneficiary under this Part shall be held in strict confidence. The department and secretary shall disclose or use such information only for purposes directly relating to administration of this Part. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 7312 — ME Code / Title 22 / Subtitle 5 / Chapter 1622 / Section 7312
22 §7312. Rules
Status: in_force

The department shall adopt rules as necessary for the effective administration of the program pursuant to this chapter, in accordance with the Maine Administrative Procedure Act. In the development of such rules, the department shall consult with consumers, representatives of consumers and providers. Rules adopted pursuant to this section are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 279, §4 (NEW).]
22 M.R.S. § 4093 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4093
22 §4093. Hospital-based suspected child abuse and neglect committees
Status: in_force

Each hospital may establish a suspected child abuse and neglect committee and family support team under this subchapter. The committee shall meet regularly to provide the ongoing development and monitoring of the specialized family support team and the approval of protocols. These hospitals shall serve as a resource to other institutions desiring to form such a program. [PL 1989, c. 483, Pt. A, §34 (NEW).]

The family support team shall be coordinated by a team manager who shall be hired by the participating hospital. The team shall be available to evaluate children who are the suspected victims of abuse and neglect. The department shall contract for the services of the family support team manager. [PL 1989, c. 483, Pt. A, §34 (NEW).]

The family support team shall provide a multidisciplinary approach for suspected child abuse cases that are initially identified in hospital emergency rooms, inpatient pediatric departments and ambulatory clinics. The child protective staff of the Office of Child and Family Services shall participate on the teams. The team shall report immediately to the department as required in section 4011‑A . [PL 2013, c. 368, Pt. CCCC, §4 (AMD).]

The team shall review the nature, extent and severity of abuse or neglect and the needs of the child and other family members. The team shall develop a case plan prescription for the treatment, management and follow-up of the child abuse victims and their families, and shall forward these recommendations to the department. [PL 1989, c. 483, Pt. A, §34 (NEW).]
22 M.R.S. § 4318 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4318
22 §4318. Recovery of expenses
Status: in_force

A municipality or the State, which has incurred general assistance program costs for the support of any eligible person, may recover the full amount expended for that support either from the person relieved or from any person liable for the recipient's support, their executors or administrators, in a civil action. In no case may a municipality or the State be authorized to recover through a civil action, the full or part of, the amount expended for the support of a previously eligible person, if, as a result of the repayment of that amount, this person would, in all probability, again become eligible for general assistance. [PL 1985, c. 489, §§8, 14 (RPR).]

Notwithstanding any other provision of law, municipalities have a lien for the value of all general assistance payments made to a recipient on any lump sum payment made to that recipient under the former Workers' Compensation Act, the Maine Workers' Compensation Act of 1992 or similar law of any other state. [PL 1995, c. 462, Pt. A, §44 (AMD).]

The department shall enter into an agreement with the Social Security Administration to institute an interim assistance reimbursement for the purpose of the repayment of state and local funds expended for providing assistance to Supplemental Security Income applicants or recipients while the Supplemental Security Income payments are pending or suspended. Written authorization must be given by the recipients. [PL 1991, c. 780, Pt. R, §5 (AMD).]

1. Repayment. [PL 1985, c. 489, §§8, 14 (RP).]

2. Public assistance. [PL 1985, c. 489, §§8, 14 (RP).]

A municipality may not recover from any recipient who has been injured while performing work under section 4316‑A, subsection 2 , any portion of any medical or rehabilitative expenses associated with that injury or any portion of any other general assistance benefits associated with that injury. [PL 1991, c. 9, Pt. U, §15 (AMD).]

Nothing in this section may be construed as limiting or affecting in any way the right of any individual to file an action under the Maine Tort Claims Act, Title 14, chapter 741 , except that a municipality that provides general assistance to a minor is absolutely immune from suit on any tort claims seeking recovery or damages by or on behalf of the minor recipient in connection with the provision of general assistance. [PL 1991, c. 9, Pt. U, §15 (AMD).]

All collections, fees and payments received by the department from the Federal Government as a result of an interim assistance reimbursement must be dedicated to support the administration of the General Assistance program. [PL 1993, c. 415, Pt. H, §1 (NEW).]
22 M.R.S. § 46 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 46
22 §46. Charitable and benevolent institutions to submit itemized bills; recipients not considered paupers
Status: in_force

No part of any appropriations made by the State for the care, treatment, support or education of any person by any charitable or benevolent organization not wholly owned or controlled by the State may be paid until duly itemized bills showing the name of the person receiving the service, the date on which the service was rendered and the rate charged therefor per day or week have been filed with the State Controller together with a certificate from the department that satisfactory evidence has been filed in its office by the organization furnishing the service that the persons receiving the service were in need of such services, that they were not able to pay for the same and that the rates charged are not greater than those charged to the general public for the same service. The only exceptions to the above specific procedures are those instances in which the charitable or benevolent organization by agreement with the department elects to return its state appropriation, either in whole or in part, to the department for matching with federal funds. [RR 2021, c. 2, Pt. B, §82 (COR).]

In all instances, payments made by the State to charitable and benevolent organizations under this section are governed by such rules and rates as are prescribed by the department. A person may not be considered to be a pauper because the person received the benefit of any funds, either state or municipal, that were expended on behalf of the person under this section. [RR 2021, c. 2, Pt. B, §82 (COR).]
22 M.R.S. § 1653 — ME Code / Title 22 / Subtitle 2 / Chapter 267 / Section 1653
22 §1653. Registry
Status: in_force

The Bureau of Health, within the Department of Health and Human Services, shall establish and maintain a registry limited to women who took diethylstilbestrol during pregnancy, and their offspring who were exposed to diethylstilbestrol prenatally, solely for the purpose of follow-up care and treatment of long-term problems associated with diethylstilbestrol exposure. Enrollment in the registry shall be upon a voluntary basis. [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 3203 — ME Code / Title 22 / Subtitle 3 / Chapter 855-A / Section 3203
22 §3203. Report
Status: in_force

On or before September 1st, the department shall submit a detailed annual report on the federal supplemental income program and the state supplemental income program to the Governor in accordance with Title 5, sections 43 , 44 , 45 and 46 and to the Legislative Council. The report must include copies of all pertinent state and federal rules and regulations and recommendations for policy, budgetary and legislative action. [PL 2023, c. 405, Pt. A, §64 (AMD).]
22 M.R.S. § 1552-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1552-A
22 §1552-A. Production of license; notices
Status: in_force

1. Production of licenses. A licensee shall make available a copy of the license on the premises for inspection by the commissioner, the commissioner's representatives and agents or authorized municipal officials. [PL 2011, c. 535, §1 (AMD).]

2. Display of prohibition against sales to persons who have not attained 21 years of age. All licensees shall post notice of the prohibition on tobacco 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, pursuant to section 1555‑B . Notices must be publicly and conspicuously displayed in the licensee's place of business in letters at least 3/8 inches high. Signs required by this section must be provided at cost by the department. Any person who violates this subsection commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense. [PL 2017, c. 308, §4 (AMD).]
22 M.R.S. § 7268 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7268
22 §7268. Organization and operation of the interstate commission - Article 8
Status: in_force

1. Bylaws. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: A. Establishing the fiscal year of the interstate commission; [PL 2011, c. 217, §1 (NEW).] B. Establishing an executive committee and such other committees as may be necessary for governing any general or specific delegation of authority or function of the interstate commission; [PL 2011, c. 217, §1 (NEW).] C. Providing procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting; [PL 2011, c. 217, §1 (NEW).] D. Establishing the titles and responsibilities of the officers and staff of the interstate commission; and [PL 2011, c. 217, §1 (NEW).] E. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

2. Officers. The interstate commission shall, by a majority vote of the members present, elect annually from among its members a chair, a vice-chair and a treasurer, each of whom has such authority and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers elected serve without compensation or remuneration from the interstate commission, except that, subject to the availability of budgeted funds, the officers must be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission. [PL 2011, c. 217, §1 (NEW).]

3. Executive committee and staff. The following provisions govern the executive committee and staff. A. The executive committee has such authority and duties as may be set forth in the bylaws, including but not limited to: (1) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission; (2) Overseeing an organizational structure within, and appropriate procedures for, the interstate commission to provide for the administration of the compact; and (3) Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the purpose of the interstate commission. [PL 2011, c. 217, §1 (NEW).] B. The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period upon terms and conditions and for compensation as the interstate commission may consider appropriate. The executive director serves as secretary to the interstate commission, but is not a member of the interstate commission. The executive director shall hire and supervise other persons as may be authorized by the interstate commission. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

4. Liability. The interstate commission's executive director and the commission's employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, except that such person is not protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. A. The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of that person's employment or duties for acts, errors or omissions occurring within the person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. This subsection may not be construed to protect the person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of that person. [PL 2011, c. 217, §1 (NEW).] B. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend the interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. [PL 2011, c. 217, §1 (NEW).] C. To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission must be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 3822 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3822
22 §3822. Liens
Status: in_force

The department may issue a certificate of lien 21 days after service of a notice to repay, unless collection action is stayed in accordance with section 3813, subsection 6 . A lien issued by the department under this section attaches to all nonexempt real and personal property of the person named in the notice to repay. The department shall send the obligor a copy of a certificate of lien issued under this section to the obligor's most recent address of record. [PL 1993, c. 654, §1 (NEW).]

1. Filing. The department may file a certificate of lien issued under this section in the registry of deeds of any county in which the obligor may own real property or with the Secretary of State. The certificate must state the name of the obligor named in the notice to repay, the obligor's most recent address of record, the amount of the overpayment that has not been recouped, repaid or otherwise recovered, the date of the notice to repay and the name and address of the department's agent who issued the lien. [PL 1993, c. 654, §1 (NEW).]

2. Effect. If the department has issued a certificate of lien in accordance with the requirements of this section, no person having notice of the lien or in possession of any property that may be subject to the lien may pay over, release, sell, transfer, encumber or convey such property, unless: A. An authorized representative of the commissioner executes a release or waiver and delivers it to the person in possession; or [PL 1993, c. 654, §1 (NEW).] B. A court of competent jurisdiction orders the department to release the lien. [PL 1993, c. 654, §1 (NEW).] [PL 1993, c. 654, §1 (NEW).]

3. Hearing. An obligor may request a hearing to contest the issuance of a certificate of lien. A request for hearing must be received by the department within 30 days of the date of mailing of the obligor's copy of the certificate of lien. The department shall notify the obligor in writing of the right to hearing at the time of mailing of the obligor's copy of the certificate of lien. At hearing the obligor may contest the accuracy of the certificate of lien and whether the lien was implemented in accordance with the requirements of this section. The department shall conduct the hearing in accordance with the requirements of Title 5, chapter 375, subchapter IV . [PL 1993, c. 654, §1 (NEW).]

4. Decision after hearing. The department shall render a decision after hearing without undue delay as to the accuracy of the terms of the certificate of lien and whether the lien was issued in accordance with the requirements of this section. The decision must be based on the hearing record and rules adopted by the commissioner. A copy of the decision must be sent to the obligor at the obligor's most recent address of record. The decision must inform the obligor that the obligor may file a petition for judicial review of the decision within 30 days of the date of the decision. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 3174-CC — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-CC
22 §3174-CC. Medicaid eligibility during incarceration
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Establish procedures. The department shall establish procedures to ensure that: A. A person receiving federally approved Medicaid services prior to incarceration in a correctional facility, county jail or regional jail does not lose Medicaid eligibility as a result of that incarceration and receives assistance with reapplying for benefits if that person's Medicaid coverage expires or is terminated during the term of incarceration; and [PL 2023, c. 458, §1 (AMD).] B. A person who is not receiving federally approved Medicaid services prior to incarceration in a correctional facility, county jail or regional jail but meets the eligibility requirements for Medicaid receives assistance with applying for federally approved Medicaid services. [PL 2023, c. 458, §1 (AMD).] [PL 2023, c. 458, §1 (AMD).]

2. Presumptive eligibility. If a MaineCare provider determines that a person who is incarcerated in a correctional facility, county jail or regional jail who does not have Medicaid coverage is likely to be eligible for services under this section, the provider must be reimbursed for services provided under this section in accordance with 42 Code of Federal Regulations, Section 435.1101. [PL 2023, c. 458, §1 (AMD).]

3. Memorandum of understanding with Department of Corrections. The department and the Department of Corrections shall enter into a memorandum of understanding in order to provide a person who is incarcerated in a correctional facility with assistance in applying for benefits under this section and section 3104, subsection 17. [PL 2023, c. 458, §1 (AMD).]

4. Memorandum of understanding with counties. No later than January 1, 2024, the department shall enter into a memorandum of understanding with counties in this State that have a county jail or a regional jail in order to provide a person who is incarcerated in a county jail or a regional jail with assistance in applying for benefits under this section. [PL 2023, c. 458, §1 (NEW).]

5. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2023, c. 458, §5) MaineCare coverage prior to release. During at least the 90-day period prior to the release of an individual from incarceration in a correctional facility, county jail or regional jail, the department shall provide reimbursement under the MaineCare program for services that can be provided under the program to individuals who are incarcerated and that facilitate an individual's transition back into the community. [PL 2023, c. 458, §1 (NEW); PL 2023, c. 458, §5 (AFF).]

The provisions of this section apply even if Medicaid coverage is limited during the period of incarceration in a correctional facility, county jail or a regional jail. Nothing in this section requires or permits the department to maintain an incarcerated person's Medicaid eligibility if the person no longer meets eligibility requirements. [PL 2023, c. 458, §1 (AMD).]
22 M.R.S. § 258 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 258
22 §258. Healthy Maine Prescription Program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Elderly low-cost drug program" means the program established as part of the Healthy Maine Prescription Program pursuant to section 254‑D . [PL 2005, c. 401, Pt. C, §2 (AMD).] B. "Prescription program" means the Healthy Maine Prescription Program established in this section. [PL 2001, c. 293, §5 (NEW).] [PL 2005, c. 401, Pt. C, §2 (AMD).]

2. Program established. The Healthy Maine Prescription Program is established as the Medicaid prescription drug discount program authorized pursuant to 42 United States Code, Section 1315, as amended, and the waiver project authorized under that section. [PL 2001, c. 293, §5 (NEW).]

3. Administration; components. The department shall administer the prescription program. The elderly low-cost drug program is a component of the prescription program. [PL 2001, c. 293, §5 (NEW).]

4. Benefit eligibility. Benefits are subject to the following provisions. A. An individual enrolled in both the elderly low-cost drug program and the prescription program is eligible for the more generous discount authorized under either program in the event overlapping benefits exist. [PL 2001, c. 293, §5 (NEW).] B. If a drug rebate is paid for any prescription under the prescription program, a rebate is not due under the elderly low-cost drug program. [PL 2001, c. 293, §5 (NEW).] C. The department shall issue a single certificate for eligibility to an individual who is eligible for both the benefit under the elderly low-cost drug program and the benefit under the prescription program. [PL 2001, c. 293, §5 (NEW).] [PL 2001, c. 293, §5 (NEW).]

5. Copayments. Notwithstanding section 3173‑C , a beneficiary of the prescription program shall make the copayments authorized under the prescription program and the elderly low-cost drug program. [PL 2001, c. 293, §5 (NEW).]

6. Report. On or before January 15th each year, the department shall report to the Legislature on the prescription program. [PL 2001, c. 293, §5 (NEW).]

7. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 293, §5 (NEW).]

8. Transition. When benefits are not available under this section, the commissioner may provide benefits under pharmaceutical benefits programs that were in effect on May 26, 2001. [PL 2001, c. 467, Pt. B, §1 (NEW); PL 2001, c. 467, Pt. B, §4 (AFF).]
22 M.R.S. § 461 — ME Code / Title 22 / Subtitle 2 / Chapter 153 / Section 461
22 §461. Notice to owner to clean premises; expenses on refusal
Status: in_force

The local health officer, when satisfied upon due examination, that a cellar, room, tenement or building in the town, occupied as a dwelling place, has become, by reason of want of cleanliness or other cause, unfit for such purpose and a cause of sickness to the occupants or the public, may issue, in consultation with the department, a notice in writing to such occupants, or the owner or the owner's agent, or any one of them, requiring the premises to be put into a proper condition as to cleanliness, or, if they see fit, requiring the occupants to quit the premises within such time as the local health officer may deem reasonable. If the persons so notified, or any of them, neglect or refuse to comply with the terms of the notice, the local health officer may cause the premises to be properly cleansed at the expense of the owner, or may close the premises, and the same shall not be again occupied as a dwelling place until put in a proper sanitary condition. If the owner thereafter occupies or knowingly permits the same to be occupied without putting the same in proper sanitary condition, the owner shall forfeit not less than $10 nor more than $50 for each day that the premises remain unfit following written notification that the premises are unfit. [PL 1989, c. 487, §9 (AMD).]
22 M.R.S. § 1314 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1314
22 §1314. Short title
Status: in_force

This Act may be cited as the Lead Poisoning Control Act. [PL 1973, c. 367 (NEW).]
22 M.R.S. § 4038-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038-A
22 §4038-A. Transfer to District Court
Status: in_force

If a case is transferred to the District Court pursuant to Title 18‑C, section 9‑205 , the court shall conduct a hearing and enter a dispositional order using the same standards as set forth in section 4036 . The court after the hearing and entering of a dispositional order shall conduct reviews in accordance with section 4038 and permanency planning hearings in accordance with section 4038‑B . [PL 2017, c. 402, Pt. C, §64 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 3174-D — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-D
22 §3174-D. Medicaid coverage for services provided by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf
Status: in_force

The Department of Health and Human Services may administer a program of Medicaid coverage for speech and hearing services, psychological services, occupational therapy and any other services provided by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that qualify for reimbursement under the United States Social Security Act, Title XIX. The Department of Education has fiscal responsibility for providing the State's match for federal revenues acquired under this section. Any funds received as Medicaid reimbursement must be retained by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. [PL 2005, c. 279, §13 (AMD).]
22 M.R.S. § 2705 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2705
22 §2705. Amendment of vital statistics records
Status: in_force

Except as provided by this Title, a certificate or record filed under chapters 701 to 707 may be altered or amended only in accordance with such regulations as the department may adopt to protect the integrity of vital statistics records.

1. Amended certificate or record. A certificate or record that has been altered or amended after its filing must be marked "amended," and the date on which the certificate or record was amended and a summary description of the evidence submitted in support of the correction must be endorsed on the certificate or record or permanently attached to it. Any certified copies of certificates or records amended under this section must be marked "amended." Administrative correction of clerical errors within 90 days after the date of filing does not cause the certificate or record to be considered altered or amended. [PL 2009, c. 601, §10 (AMD).]

2. Incomplete certificates. Incomplete certificates and records may be completed from a supplementary form within 90 days after the date of filing without being considered altered or amended. [PL 2009, c. 601, §11 (AMD).]

3. Amendment by department. The department has the exclusive power to amend, alter or complete any certificate or record of birth, marriage, death or fetal death filed under chapters 701 to 707 . When a certificate or record of birth, marriage, death or fetal death has been altered, amended or completed by the department, the department shall transmit a corrected copy to the clerk of any municipality in which a certified copy or original certificate has been recorded under chapters 701 to 707 . [PL 1989, c. 818, §3 (AMD).]

4. Amendment by the Office of the Chief Medical Examiner. Completions or amendments to certificates of death in medical examiner cases, as defined in section 3025 , must be as provided in section 2842, subsection 4 . [PL 1989, c. 818, §3 (AMD).]

5. Amendment following adoption, legitimation or gender marker change. Amendment of a certificate following adoption, legitimation or gender marker change is governed by section 2765, subsections 2‑A and 2‑B . [PL 2021, c. 309, §1 (AMD).]

6. Amendment of birth certificate of adult. Amendment of a birth certificate of a person 18 years of age or older born in this State for the purpose of identifying a parent who was not known or listed at the time of birth is governed by section 2767‑A . [PL 2023, c. 323, §1 (AMD).]

7. Amendment of marriage certificate following gender marker change. Amendment of a marriage certificate following gender marker change is governed by section 2805 . [PL 2023, c. 294, §1 (NEW).]
22 M.R.S. § 4052 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4052
22 §4052. Termination petition; petitioners; time filed; contents
Status: in_force

1. Petitioner. A termination petition may be brought by the custodial parent of the child, by the parent or guardian of another parent of the child if that parent is a minor, by a person who has filed a petition to adopt the child pursuant to Title 18‑C, Article 9 or by the department. If the petitioner is a parent of the child or a parent or guardian of another parent of the child if that parent is a minor, the court shall follow the requirements of Title 19‑A, section 1658 . If the petitioner is also petitioning to adopt the child, the court shall follow the requirements of Title 18‑C, section 9‑204 . [PL 2021, c. 340, §3 (AMD).]

2. Time filed. [PL 1997, c. 715, Pt. B, §13 (RP).]

2-A. Department as petitioner or as party. The department shall file a termination petition or seek to be joined as a party to any pending petition: A. When a child has been in foster care for 15 of the most recent 22 months. The department must file the petition before the end of the child's 15th month in foster care. In calculating when to file a termination petition: (1) The time the child has been in foster care begins when the child is considered to have entered foster care as specified in section 4038‑B, subsection 1, paragraph B ; (2) When a child experiences multiple exits from and entries into foster care during the 22-month period, all periods in foster care must be accumulated; and (3) The time in foster care does not include trial home visits or times during which the child is a runaway. This paragraph does not apply if the department is required to undertake reunification efforts and the department has not provided to the family of the child such services as the court determines to be necessary for the safe return of the child to the child's home consistent with the time period in the case plan; [PL 2005, c. 372, §7 (AMD).] B. Within 60 days of a court order that includes a finding of an aggravating factor and an order to cease reunification; or [PL 2003, c. 408, §7 (AMD).] C. Within 60 days of a court finding that the child has been abandoned. [PL 2003, c. 408, §7 (NEW).] The department is not required to file a termination petition if the department has chosen to have the child cared for by a relative or the department has documented to the court a compelling reason for determining that filing such a petition would not be in the best interests of the child. [PL 2005, c. 372, §7 (AMD).]

3. Contents of petition. A termination petition must be sworn and must include at least the following: A. The name, date and place of birth and municipal residence, if known, of the child; [PL 1979, c. 733, §18 (NEW).] B. The name and address of the petitioner and the nature of the petitioner's relationship to the child; [PL 2021, c. 340, §4 (AMD).] C. The name and municipal residence, if known, of each of the child's parents; [PL 1979, c. 733, §18 (NEW).] D. The names and address of the guardian ad litem of the child in any related child protection proceeding, parental rights and responsibilities proceeding or adoption proceeding; [PL 2021, c. 340, §4 (AMD).] E. A summary statement of the facts that the petitioner believes constitute the basis for the request for termination; [PL 2021, c. 340, §4 (AMD).] F. An allegation that is sufficient for termination; [PL 2021, c. 340, §4 (AMD).] G. A statement of the effects of a termination order; and [PL 1979, c. 733, §18 (NEW).] H. A statement that the parents are entitled to legal counsel in the termination proceedings and that, if they want an attorney and are unable to afford one, they should contact the court as soon as possible to request appointed counsel. [PL 1979, c. 733, §18 (NEW).] [PL 2021, c. 340, §4 (AMD).]

4. Hearing date. On the filing of a petition, the court shall set a time and date for a hearing. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 684 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 684
22 §684. Federal - State agreements
Status: in_force

1. General agreements and contracts. The Governor, on behalf of this State, may enter into agreements with the United States Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, Section 274b, as amended, providing for discontinuance of certain of the commission's licensing and related regulatory authority with respect to by-product, source and special nuclear materials and the assumption of regulatory authority therefor by this State. [PL 1983, c. 345, §§13, 14 (NEW).]

2. Limited agreements. The Governor, on behalf of this State, may enter into an agreement with the United States Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, Section 274i, as amended, other federal government agencies, where authorized by law, or other states or interstate agencies, whereby this State will perform on a cooperative basis inspections or other functions relating to control of sources of radiation. [PL 1983, c. 345, §§13, 14 (NEW).]

3. Contracts with federal agencies. The Governor may, subject to the conditions of Title 5, section 1669 and any other provision of law, execute contracts with appropriate federal officers or agencies relating to radiation hazards. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 3767 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3767
22 §3767. Parental responsibility
Status: in_force

The parents of a child receiving assistance under this chapter are responsible for partial or total support of that child, if they are of sufficient ability. In determining the ability of the parents, the department must consider the assets and income of the parent. [PL 1997, c. 530, Pt. A, §16 (NEW).]

The department may bring proceedings in the District Court or Superior Court in the county where the child resides or in the county where the parent may be found to compel any person liable under this section to contribute to the support of any child receiving that assistance if, after reasonable efforts on the part of the department, voluntary contributions have not been made. The department shall bring the action as a petition for support upon not less than 7 days' notice. The court may order either one or both parents of the child to contribute to the support of the child by paying money weekly or monthly as determined in accordance with Title 19‑A, chapter 63 and may enforce obedience by appropriate decrees, execution issuing for that money when payable. An order for child support under this section may include an order for the payment of part or all of the medical expenses, hospital expenses and other health care expenses of the child or an order to provide a policy or contract for coverage of those expenses. When a parent is committed to jail as a defendant on execution under this section, the county having jurisdiction of the process shall bear the expense of the defendant's commitment and support. The defendant may petition the court issuing that execution for relief and the judge of the court, after due notice to the department and hearing on the petition, may order the defendant's discharge from imprisonment on the terms and conditions justice requires. [RR 2021, c. 2, Pt. A, §63 (COR).]
22 M.R.S. § 2617 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2617
22 §2617. Penalties and remedies
Status: in_force

1. Violation of section 2616 or subchapter VII. A person that violates section 2616 or subchapter VII commits a civil violation for which a penalty not to exceed $5,000 may be adjudged. Each day of operation in violation of section 2616 or subchapter VII constitutes a separate violation. The District Court or the Superior Court has jurisdiction over violations of section 2616 or subchapter VII . [RR 1993, c. 2, §13 (COR).]

2. Injunctive relief. The commissioner may commence or cause to be instituted a civil action in the Superior Court of either Kennebec County or of the county in which the principal place of business of the supplier of water is located, to convict and punish a person under subsection 1 , to seek injunctive relief to prevent the violation of any rule or regulation issued pursuant to this chapter, to prevent the violation of any order issued pursuant to sections 2612 , 2613 or 2614 , or to require a public water system or supplier of water to take other action necessary to protect the public health, with or without a prior order from the commissioner or department. [PL 1975, c. 751, §4 (NEW).]

3. Administrative remedies. The commissioner may seek and impose administrative remedies as provided in subchapter II‑A for a violation of state drinking water laws, regulations and rules. [PL 1993, c. 678, §3 (NEW).]
22 M.R.S. § 2136 — ME Code / Title 22 / Subtitle 2 / Chapter 417-A / Section 2136
22 §2136. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 621, §5 (NEW).]

1. Hire, employ or place. “Hire, employ or place” means to recruit, select, train, declare competent, schedule, direct, define the scope of the position of or supervise an individual who provides temporary care pursuant to chapter 417 . [PL 2009, c. 621, §5 (NEW).]

2. Temporary nurse agency. “Temporary nurse agency” means a business entity or subdivision thereof that provides nurses to another organization on a temporary basis within this State. [PL 2009, c. 621, §5 (NEW).]
22 M.R.S. § 3921 — ME Code / Title 22 / Subtitle 3 / Chapter 1064 / Section 3921
22 §3921. Help Maine Grow System established
Status: in_force

1. Help Maine Grow System established. The Help Maine Grow System, referred to in this chapter as "the system," is established in the department as a comprehensive, statewide, coordinated system of early identification, referral and follow-up for all children from prenatal care up to 8 years of age and their families. The system must emphasize: A. Increasing access to the early periodic screening, diagnosis and treatment services required by Medicaid on a schedule recommended by the American Academy of Pediatrics or its successor organization; and [PL 2021, c. 457, §1 (NEW).] B. In support of the Department of Education's child find efforts, increasing access and referrals to early intervention services as established and required pursuant to Title 20‑A, sections 7209 and 7252‑A . [PL 2021, c. 457, §1 (NEW).] In developing and administering the system, the department shall maintain affiliate status with a national center that offers a system that includes technical assistance and develop a cross system model for strengthening early childhood systems and services to meet the needs of children and families and meet any requirements necessary to maintain fidelity to the system offered by the national center. [PL 2021, c. 457, §1 (NEW).]

2. Staffing; coordination. The department shall provide staffing services necessary to meet the needs of children and families and to work collaboratively across offices within the department, the Children's Cabinet established in Title 5, section 19131 , the Department of Education and other applicable departments. [PL 2021, c. 457, §1 (NEW).]
22 M.R.S. § 2882 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2882
22 §2882. Collection, distribution and delivery
Status: in_force

The professors of anatomy, the professors of surgery and the demonstrators of anatomy in the medical schools of the State which are now or may hereafter become incorporated by Act of the Legislature shall be and are constituted a board for the collection, distribution and delivery of dead human bodies to and among such persons as under this chapter are entitled thereto. When no medical schools of the State are in active operation, the Superintendent of the Dorothea Dix Psychiatric Center, the Superintendent of the Riverview Psychiatric Center, the Superintendent of the Eastern Maine Medical Center, the Superintendent of the Maine Medical Center and the Superintendent of the Central Maine Medical Center shall constitute the board. The said board shall have full power to establish rules and regulations for its government and to appoint and remove officers, and shall keep full and complete minutes of its transactions. Records shall be kept under its direction of all bodies received and distributed by said board and of the persons to whom the same are distributed. The minutes and records shall be open at all times to the inspection of each member of said board, the Attorney General and the district attorney of any county within the State. [PL 1981, c. 470, Pt. A, §95 (AMD); PL 2005, c. 236, §§3, 4 (REV).]
22 M.R.S. § 7804 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7804
22 §7804. Right of entry
Status: in_force

The department shall have the right of entry to any facility licensed under this subtitle, at any reasonable time in order to determine the state of compliance by the facility to applicable laws and rules. [PL 1975, c. 719, §6 (NEW).]

To inspect any facility which the department knows or believes is operated without a license, the department may enter only with the permission of the owner or person in charge or with a search warrant from the District Court authorizing entry and inspection. [PL 1975, c. 719, §6 (NEW).]

Any application for a license under this subtitle shall constitute permission for entry and inspection to verify compliance with applicable law and rules. [PL 1975, c. 719, §6 (NEW).]

1. Subpoenas. The commissioner, the commissioner's delegate or the legal counsel for the department may issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a credible allegation of licensure violations, including, but not limited to, health care information that is confidential under section 1711‑C. The department may apply to the District Court to enforce a subpoena. A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department. [PL 2025, c. 236, §5 (NEW).]

2. Confidentiality. Information or records obtained by subpoena must be treated in accordance with section 7703. [PL 2025, c. 236, §6 (NEW).]
22 M.R.S. § 1580-G — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-G
22 §1580-G. Findings and purpose
Status: in_force

Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interest of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]
22 M.R.S. § 9056 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9056
22 §9056. New event monitoring; rap back monitoring program
Status: in_force

1. New disqualifying offenses. A direct access worker's data must be searched and monitored for new events that may disqualify the individual from employment as a direct access worker. A. The department shall establish procedures regarding the exchange of data among federal or state criminal justice agencies and the Background Check Center, including criminal offenses not reported in earlier background check reports that upon final disposition disqualify the individual from employment as a direct access worker. [PL 2015, c. 299, §25 (NEW).] B. The department shall establish procedures to search and monitor applicable registries and databases for notations or new information not reported in earlier background check reports that prohibit or disqualify employment as a direct access worker. [PL 2015, c. 299, §25 (NEW).] [PL 2015, c. 299, §25 (NEW).]

2. Rap back monitoring program. The bureau is authorized to initiate and provide services pursuant to state rap back monitoring to report new criminal record events to the Background Check Center for noncriminal justice purposes. Requests under the rap back monitoring program include the following procedures: A. The noncriminal justice submitting entity submits to an electronic repository the biometric identifier data of a direct access worker; [PL 2025, c. 243, §21 (AMD).] B. The electronic repository retains the biometric identifier data for a period of time specified in the State's subscription with the electronic repository; and [PL 2023, c. 241, §71 (NEW).] C. The electronic repository notifies the noncriminal justice submitting entity of any new criminal record events tied to the biometric identifier data that may disqualify an individual from continued employment as a direct access worker. [PL 2023, c. 241, §71 (NEW).] [PL 2025, c. 243, §21 (AMD).]

3. Collection of identifier data. The bureau shall coordinate with the Background Check Center to collect the personally identifiable information and biometric identifier and relevant data of individuals as needed to meet the requirements of the rap back monitoring program or as otherwise required by this chapter and other laws. [PL 2023, c. 241, §72 (AMD).]

4. Dissemination and storage of data. The Background Check Center and the bureau shall follow protocols established by federal or state law for the use and exchange of information with the rap back monitoring program, the Background Check Center and criminal justice agencies as applicable. The bureau shall: A. Maintain the personally identifiable information and biometric identifier data in the criminal history records repository; [PL 2023, c. 241, §73 (AMD).] B. Compare the personally identifiable data, biometric identifier data or other data to criminal records to conduct a criminal record check and disseminate the results of this record check to authorized entities; [PL 2023, c. 241, §74 (AMD).] C. Exchange data through the rap back monitoring program with the Background Check Center for noncriminal justice purposes; [PL 2015, c. 299, §25 (NEW).] D. Disseminate criminal record event information, including notifications from the rap back monitoring program, to an authorized entity or in a manner consistent with the requirements of this chapter and federal and state laws; and [PL 2015, c. 299, §25 (NEW).] E. Secure and coordinate services as needed to effect the provisions and purposes of this chapter. [PL 2015, c. 299, §25 (NEW).] [PL 2023, c. 241, §§73, 74 (AMD).]
22 M.R.S. § 1662 — ME Code / Title 22 / Subtitle 2 / Chapter 269 / Section 1662
22 §1662. Funds
Status: in_force

1. Purposes. The Department of Health and Human Services may receive and disburse funds made available to it for financial support grants or contracts to rape crisis centers for the following purposes: A. Direct crisis intervention counseling of rape and sexual assault victims; [PL 1983, c. 826, §1 (NEW).] B. Programs to support a sexual assault victim's interaction with medical, psychological and legal professionals; [PL 1983, c. 826, §1 (NEW).] C. Programs to advocate and work with the sexual assault victim throughout the court process, but not to provide legal services; and [PL 1983, c. 826, §1 (NEW).] D. Programs to educate and train the public on rape and sexual assault prevention. [PL 1983, c. 826, §1 (NEW).] [PL 1983, c. 826, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Geographic coverage. Insofar as practicable, the department shall make funds available to all areas of the State. [PL 1983, c. 826, §1 (NEW).]

3. Local match. Any rape crisis center which applies for funds under this chapter shall demonstrate a match of either private donations, local funding or in-kind resources in accordance with the Department of Health and Human Services' policies. [PL 1983, c. 826, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 3182 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3182
22 §3182. Fraudulent representations; penalty
Status: in_force

Any person who by means of a willfully false statement or representation, or by impersonation or other fraudulent devices, obtains or attempts to obtain, or aids or abets any person to obtain: [PL 1973, c. 790, §2 (NEW).]

1. Assistance not entitled. Aid to which a person is not entitled; [RR 2021, c. 2, Pt. B, §163 (COR).]

2. Larger assistance. A larger amount of aid than that to which a person is entitled; or [RR 2021, c. 2, Pt. B, §164 (COR).]

3. Forfeited assistance. Payment of any forfeited installment of aid; and any person who knowingly buys or aids or abets in buying or in any way disposing of property of a recipient in such a way as to constitute a fraud upon the department shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment for not more than 11 months, or by both. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 2671 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2671
22 §2671. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 418, §1 (NEW).]

1. Eligible patient. "Eligible patient" means a person who has: A. Received a diagnosis of a terminal illness for which no standard treatment is effective and the diagnosis has been attested by the person's treating physician; [PL 2015, c. 418, §1 (NEW).] B. Considered all treatment options approved by the United States Food and Drug Administration; [PL 2015, c. 418, §1 (NEW).] C. Not been accepted into a clinical trial within one week of completion of the clinical trial application process; [PL 2015, c. 418, §1 (NEW).] D. Received a recommendation from the person's treating physician for an investigational drug, biological product or device; [PL 2015, c. 418, §1 (NEW).] E. Given written, informed consent for the use of the investigational drug, biological product or device under paragraph D or, if the person is a minor or lacks the mental capacity to provide informed consent, whose parent or legal guardian has given written, informed consent on the person's behalf; and [PL 2015, c. 418, §1 (NEW).] F. Received documentation from the person's treating physician that the person meets all of the conditions in this subsection. [PL 2015, c. 418, §1 (NEW).] [PL 2015, c. 418, §1 (NEW).]

2. Investigational drug, biological product or device. "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed Phase I of a United States Food and Drug Administration-approved clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in such a clinical trial. [PL 2015, c. 418, §1 (NEW).]

3. Terminal illness. "Terminal illness" means a disease or condition that, without life-sustaining measures, will soon result in death or in a state of permanent unconsciousness from which recovery is unlikely. [PL 2015, c. 418, §1 (NEW).]

4. Treating physician. "Treating physician" means a physician who has primary responsibility for the care of a patient and treatment of that patient's terminal illness. [PL 2015, c. 418, §1 (NEW).]

5. Written, informed consent. "Written, informed consent" means a written document signed by a patient or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian of the patient. The document must be attested by the patient's treating physician and a witness and include the following information: A. An explanation of the United States Food and Drug Administration-approved treatments for the disease or condition from which the patient suffers; [PL 2015, c. 418, §1 (NEW).] B. A statement that the patient concurs with the patient's treating physician that all United States Food and Drug Administration-approved and standard treatments for the disease or condition from which the patient suffers are unlikely to prolong the patient's life; [PL 2015, c. 418, §1 (NEW).] C. Clear identification of the specific investigational drug, biological product or device that the patient is seeking to use; and [PL 2015, c. 418, §1 (NEW).] D. A description of the best and worst potential outcomes of using the investigational drug, biological product or device identified under paragraph C with a description of the most likely outcome. The description must include the possibility that new, unanticipated, different or worse symptoms might result and that death could be hastened by the proposed treatment. The description must be based on the treating physician's knowledge of the proposed treatment in conjunction with the treating physician's knowledge of the patient's overall medical condition. [PL 2015, c. 418, §1 (NEW).] [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 8104 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8104
22 §8104. Interagency licensing
Status: in_force

1. Interagency licensing method. The Commissioner of Education and the Commissioner of Health and Human Services, or their designees, shall jointly establish a method for interagency licensing of residential child care facilities subject wholly or partly to licensing by both of the departments. The method must provide for the following: A. Development of common licensing rules; [PL 1981, c. 260, §5 (NEW).] B. Periodic review of licensing rules; [PL 1981, c. 260, §5 (NEW).] C. Delegation of departmental responsibilities; and [PL 1981, c. 260, §5 (NEW).] D. Determination of licensing fees. [PL 1981, c. 260, §5 (NEW).] [PL 2005, c. 397, Pt. A, §28 (AMD).]

2. Licensing authority. For the purposes of this section, the Department of Health and Human Services shall have licensing authority for residential child care facilities. This authority shall not relieve any agency of responsibility for the proper and efficient management or evaluation of programs funded by that agency. [PL 1981, c. 260, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Common licensing rules. Common licensing rules developed under this section shall eliminate varying, duplicative and conflicting rules and procedures. Common licensing rules shall also assure, as far as practicable, that: A. Licensing is accomplished expeditiously; [PL 1981, c. 260, §5 (NEW).] B. Applicants have to deal with as few agency representatives as possible; [PL 1981, c. 260, §5 (NEW).] C. Consideration is given to special circumstances made known by an applicant which make the timing of licensing investigation unreasonable; [PL 1981, c. 260, §5 (NEW).] D. Applicants are promptly informed of licensing decisions and of the cause for any delay or denial; [PL 1981, c. 260, §5 (NEW).] E. Applicants do not have to obtain information from another agency if the licensing agency can obtain the information more conveniently; and [PL 1981, c. 260, §5 (NEW).] F. Rules are applied uniformly. [PL 1981, c. 260, §5 (NEW).] [PL 1981, c. 260, §5 (NEW).]

4. Authority to change daily rate for unlicensed foster care providers. Notwithstanding any other provision of law, the department may change the daily rates for foster board and care paid to unlicensed homes and may provide the opportunity for those unlicensed homes, if they choose to apply, to pursue licensure that could result in a higher rate of payment. [PL 2005, c. 12, Pt. RR, §1 (NEW).]
22 M.R.S. § 2660-Y — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-Y
22 §2660-Y. Landlord arsenic testing
Status: in_force

Beginning January 1, 2022 and every 5 years thereafter, a landlord of a residential building shall test for arsenic each private drinking water well used to provide water to a tenant of the landlord. The landlord shall conduct testing under this section through a laboratory certified or accredited pursuant to section 567 and shall, within 10 days of notification of the results, provide to each of the landlord's tenants the results of any test conducted under this section of the private drinking water well used to provide water to the tenant. The landlord shall, within 10 days of notification of the results, notify any new tenant of the most recent results of a test conducted under this section on a private drinking water well that will be used to provide water to the tenant. [PL 2021, c. 483, Pt. BB, §7 (NEW).]
22 M.R.S. § 7944 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7944
22 §7944. Intermediate sanctions
Status: in_force

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the residents of long-term care facilities as defined in section 7852 or the general public. A. The long-term care facility may be directed to stop all new admissions regardless of payment source or to admit only those residents the department approves until such time as it is determined that corrective action has been taken. [PL 1987, c. 774, §4 (NEW).] B. The department may direct a long-term care facility to correct any deficiencies in a manner and within a time frame that the department determines are appropriate to ensure compliance with state licensing rules or to protect the residents of the long-term care facility. [PL 2007, c. 324, §11 (AMD).] C. The department may impose a penalty upon a long-term care facility for a violation of this chapter. Each day of violation constitutes a separate offense. The minimum penalty for operating without a license is $500 per day. A penalty or a combination of penalties imposed on a facility may not be greater than a sum equal to $10 times the total number of residents residing in the facility per violation, up to a maximum of $10,000 for each instance in which the department issues a statement of deficiency to a long-term care facility. [PL 2007, c. 324, §11 (AMD).] D. The department may direct a long-term care facility to transfer residents in that facility to other locations in an emergency that threatens the health, safety or welfare of the residents of the facility and shall assist the facility in making arrangements for transfers. [PL 1989, c. 747, §1 (NEW).] The department may adopt rules as necessary for the implementation of this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 324, §11 (AMD).]

2. Schedule of penalties. The department shall establish a schedule of penalties according to the nature of the violation. In establishing the schedule, the department shall consider, among other factors, the immediacy and probability of physical or mental harm to residents caused by a particular type of violation and whether the facility in question has repeated deficiencies or a substantial number of deficiencies. [PL 1987, c. 774, §4 (NEW).]

3. Reimbursement. Nothing in this chapter may limit the authority of the department to adjust the reimbursement due facilities for residents as stated in the departmental regulations governing reimbursement. [PL 1987, c. 774, §4 (NEW).]
22 M.R.S. § 3871 — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3871
22 §3871. Purpose
Status: in_force

The purpose of this chapter is to encourage and maintain coordinated community efforts in each county to prevent child abuse and neglect through the provision of family-strengthening programs, including, but not limited to, public awareness activities, child safety education, parent education, support and information for parents, referral to services and training for professionals, and to ensure adequate intervention and treatment for abused and neglected children and their families. [PL 2009, c. 204, §1 (AMD).]
22 M.R.S. § 2150-C — ME Code / Title 22 / Subtitle 2 / Chapter 421 / Section 2150-C
22 §2150-C. Automated external defibrillators; immunity from civil liability
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automated external defibrillator" or "AED" means a medical device that combines a heart monitor and a defibrillator approved by the United States Food and Drug Administration that: (1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (2) Is capable of determining, without intervention by an operator, whether defibrillation should be performed on an individual; and (3) Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart. [PL 2007, c. 267, §2 (RPR).] B. [PL 2007, c. 267, §2 (RP).] [PL 2007, c. 267, §2 (RPR).]

2. Prohibition. [PL 2007, c. 267, §2 (RP).]

3. Duties. [PL 2007, c. 267, §2 (RP).]

4. Penalties. [PL 2007, c. 267, §2 (RP).]

5. Effect on other law. [PL 2007, c. 267, §2 (RP).]

6. Immunity. The following persons and entities are immune from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct: A. Any person or entity that acquires an AED; [PL 2007, c. 267, §2 (NEW).] B. Any person or entity that owns, manages or is otherwise responsible for the premises on which an AED is located; [PL 2007, c. 267, §2 (NEW).] C. Any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency; [PL 2007, c. 267, §2 (NEW).] D. Any person who uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency; [PL 2007, c. 267, §2 (NEW).] E. Any physician or other authorized person who issues a prescription for the purchase of an AED; [PL 2007, c. 267, §2 (NEW).] F. Any person or entity that is involved with the design, management or operation of an AED program; and [PL 2007, c. 267, §2 (NEW).] G. Any person or entity that provides instruction in the use of an AED. [PL 2007, c. 267, §2 (NEW).] [PL 2007, c. 267, §2 (NEW).]
22 M.R.S. § 3174-A — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-A
22 §3174-A. Medical coverage program for certain boarding home residents
Status: in_force

The department shall administer a program of medical coverage for persons residing in cost reimbursement boarding homes who, but for their income, would be eligible for supplemental security income benefits on account of blindness, disability or age, and who do not have sufficient income to meet the per resident payment rate for boarding home care, including an amount for personal needs of at least $30 a month. Notwithstanding supplemental security income eligibility regulations, the department may impose a penalty for certain transfers of assets. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 559, Pt. X, §5 (AMD).]
22 M.R.S. § 4006 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4006
22 §4006. Appeals
Status: in_force

A party aggrieved by an order of a court entered pursuant to section 4035 , 4054 or 4071 may appeal directly to the Supreme Judicial Court sitting as the Law Court, and such appeals are governed by the Maine Rules of Appellate Procedure. [PL 2023, c. 638, §25 (AMD).]

Appeals from any order under section 4035 , 4054 or 4071 must be expedited. Any attorney appointed to represent a party in a District Court proceeding under this chapter shall continue to represent that client in any appeal unless otherwise ordered by the court. [PL 1997, c. 715, Pt. A, §3 (RPR).]

Orders entered under this chapter under sections other than section 4035 , 4054 or 4071 are interlocutory and are not appealable. [PL 1997, c. 715, Pt. A, §3 (RPR).]
22 M.R.S. § 2956 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2956
22 §2956. Immunity
Status: in_force

1. In accordance with chapter. A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution or administrative proceeding. [PL 2007, c. 601, §2 (NEW).]

2. No liability for injury or damage. Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. [PL 2007, c. 601, §2 (NEW).]

3. Reliance on representations. A person who documents the making, amending or revoking of an anatomical gift under this chapter may rely upon representations of the individuals listed in section 2949, subsection 1, paragraphs B , C , D , E , F , G , H and I relating to their relationship to the donor or prospective donor unless the person knows that the representation is untrue. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1812-M — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-M
22 §1812-M. Urgent care facility
Status: in_force

1. Definition. As used in this chapter, "urgent care facility" means a health care facility that is not otherwise licensed with a primary purpose of providing medical evaluation and care on a walk-in basis for non-life-threatening injuries and illnesses and that does not have a physician, physician associate or nurse practitioner on site to provide patient care. "Urgent care facility" does not include: A. A facility that is licensed as part of a hospital; [PL 2025, c. 129, §2 (NEW).] B. A facility that provides services or accommodations for patients who stay overnight; or [PL 2025, c. 129, §2 (NEW).] C. The private office of a physician or dentist in individual or group practice. [PL 2025, c. 129, §2 (NEW).] [PL 2025, c. 129, §2 (NEW); PL 2025, c. 316, §3 (REV).]

2. Standards. The department shall establish standards for the licensure of urgent care facilities effective July 1, 2026. The standards must include a licensure fee of not less than $50 and not more than $500 and address staffing, quality of care, advertising and promotion, inspections and complaint investigations and accreditation. [PL 2025, c. 129, §2 (NEW).]

Revisor's Note: §1812-M. Intermediate care facility for persons with intellectual disabilities (As enacted by PL 2025, c. 237, §4 is REALLOCATED TO TITLE 22, SECTION 1812-N)
22 M.R.S. § 3923 — ME Code / Title 22 / Subtitle 3 / Chapter 1064 / Section 3923
22 §3923. Annual reports
Status: in_force

The department shall submit any annual and evaluation reports provided by the department to the national center under section 3921, subsection 1 to the joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters, no later than December 15th of each year, beginning in 2022. The joint standing committees are authorized to report out legislation in any legislative session. [PL 2021, c. 457, §1 (NEW).]
22 M.R.S. § 2065 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2065
22 §2065. Trust funds
Status: in_force

All moneys received pursuant to the authority of this chapter whether as proceeds from the sale of bonds or notes or as revenues, are trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this chapter, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust agreement securing such bonds or notes provide. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 8003 — ME Code / Title 22 / Subtitle 6 / Chapter 1667 / Section 8003
22 §8003. Fees and terms for licenses
Status: in_force

License fees and terms for drug treatment centers are governed by this section. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

1. Provisional license. The application fee for a provisional license for a drug treatment center may not be less than $100 nor more than $280. The term of a provisional license is for one year. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

2. Full license. The application fee for a full license for a drug treatment center may not be less than $100 nor more than $280. The term of a full license is for 2 years. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

3. Biennial renewal of a full license. The fee for the biennial renewal of a full license for a drug treatment center may not be less than $70 nor more than $170. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

4. Adding a service site to a license. The processing fee to add a service site to an issued license for a drug treatment center may not be less than $35 nor more than $70. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

5. Adding a service to a license. The processing fee to add a service to an issued license for a drug treatment center may not be less than $70 nor more than $140. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

6. Fee to replace a license. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

7. Transaction fee for electronic renewal of license. The transaction fee for the electronic renewal of a license for a drug treatment center may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service. [PL 2015, c. 267, Pt. RR, §2 (NEW).]

8. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 267, Pt. RR, §2 (NEW).]
22 M.R.S. § 1560-B — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1560-B
22 §1560-B. Liquid nicotine
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Child-resistant packaging" means packaging meeting the specifications in 16 Code of Federal Regulations, Section 1700.15(b) (2015) and tested by the method described in 16 Code of Federal Regulations, Section 1700.20 (2015). [PL 2015, c. 288, §1 (NEW).] B. "Electronic nicotine delivery device" means any noncombustible device containing or delivering nicotine or any other substance intended for human consumption that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means and that may be used to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. "Electronic nicotine delivery device" does not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. [PL 2015, c. 288, §1 (NEW).] C. "Nicotine liquid container" means a container used to hold a liquid, gel or other substance containing nicotine that is sold, marketed or intended for use as or with an electronic nicotine delivery device. "Nicotine liquid container" does not include a cartridge or other container that contains a liquid or other substance containing nicotine and is sold, marketed or intended for use as long as the cartridge or other container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. [PL 2015, c. 288, §1 (NEW).] [PL 2015, c. 288, §1 (NEW).]

2. Prohibition. Beginning January 1, 2016, a person may not sell, furnish, give away or offer to sell, furnish or give away a nicotine liquid container unless the container is child-resistant packaging. [PL 2015, c. 288, §1 (NEW).]

3. Penalties. This subsection applies to violations of subsection 2 . A. A person who violates subsection 2 commits a civil violation for which a fine of $500 may be adjudged. [PL 2015, c. 288, §1 (NEW).] B. A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine of $1,000 may be adjudged. [PL 2015, c. 288, §1 (NEW).] C. A person who violates subsection 2 after having previously violated subsection 2 more than once commits a civil violation for which a fine of $5,000 may be adjudged. [PL 2015, c. 288, §1 (NEW).] [PL 2015, c. 288, §1 (NEW).]

4. Repeal. The commissioner shall monitor the status of any effective date of final regulations issued by the United States Food and Drug Administration or by any other federal agency that mandate child-resistant packaging standards for nicotine liquid containers. The commissioner shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters when the final regulations have been adopted. The joint standing committee, upon receiving this notification, may report out a bill repealing this section. [PL 2015, c. 288, §1 (NEW).]
22 M.R.S. § 2763 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2763
22 §2763. Birth certificates of foundlings; report
Status: in_force

Whoever assumes the custody of a child of unknown parentage shall immediately report to the Office of Data, Research and Vital Statistics in writing: [PL 2011, c. 511, §6 (AMD).]

1. Date and place of finding. The date and place of finding or assumption of custody;

2. Sex, color, age. Sex; color or race; and approximate age of child;

3. Name and address of custodian. Name and address of the person or institution with whom the child has been placed for care;

4. Name. Name given to the child by the finder or custodian.

The place where the child was found or custody assumed shall be known as the place of birth and the date of birth shall be determined by approximation. The report shall constitute the certificate of birth. If the child is thereafter identified, the record of birth made in compliance herewith and any certificate issued thereon shall be null and void and so recorded.
22 M.R.S. § 7246 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7246
22 §7246. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 483, §1 (NEW).]

1. Controlled substance. "Controlled substance" means a controlled substance included in schedules II, III, IV or V of 21 United States Code, Section 812 or 21 Code of Federal Regulations, Section 1308. [PL 2023, c. 544, §1 (AMD).]

1-A. Acute pain. "Acute pain" means pain that is the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus. "Acute pain" typically is associated with invasive procedures, trauma and disease and is usually time-limited. [PL 2015, c. 488, §1 (NEW).]

1-B. Administer. "Administer" means an action to apply a prescription drug directly to a person by any means by a licensed or certified health care professional acting within that professional's scope of practice. "Administer" does not include the delivery, dispensing or distribution of a prescription drug for later use. [PL 2015, c. 488, §1 (NEW).]

1-C. Chronic pain. "Chronic pain" means pain that persists beyond the usual course of an acute disease or healing of an injury. "Chronic pain" may or may not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years. [PL 2015, c. 488, §1 (NEW).]

2. Dispenser. "Dispenser" means: A. A pharmacist who is licensed or registered under Title 32 ; or [PL 2017, c. 360, §1 (NEW).] B. A veterinarian licensed under Title 32, chapter 71‑A with authority to dispense a benzodiazepine or an opioid medication. [PL 2017, c. 360, §1 (NEW).] [PL 2017, c. 360, §1 (RPR).]

3. Fund. "Fund" means the Controlled Substances Prescription Monitoring Program Fund established in section 7247 . [PL 2003, c. 483, §1 (NEW).]

4. Office. [PL 2011, c. 657, Pt. AA, §65 (RP).]

5. Prescriber. "Prescriber" means a licensed health care professional or veterinarian with prescriptive authority, including a licensed health care professional or veterinarian who uses telehealth in providing health care to prescribe controlled substances to patients located in this State. [PL 2025, c. 37, §1 (AMD).]

6. Prescription monitoring information. "Prescription monitoring information" means information submitted to and maintained by the program. [PL 2003, c. 483, §1 (NEW).]

7. Program. "Program" means the Controlled Substances Prescription Monitoring Program established under section 7248 . [PL 2003, c. 483, §1 (NEW).]

8. Telehealth. "Telehealth" has the same meaning as in Title 24‑A, section 4316, subsection 1, paragraph C . [PL 2025, c. 37, §2 (NEW).]
22 M.R.S. § 3769-D — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769-D
22 §3769-D. Temporary Assistance for Needy Families block grant; family development accounts
Status: in_force

In fiscal year 2016-17 and annually thereafter, the Department of Health and Human Services may use $500,000 in funds provided under the Temporary Assistance for Needy Families block grant to promote financial literacy and healthy savings habits of families with income less than 200% of the federal poverty guidelines through the placement of funds in family development accounts established pursuant to Title 20‑A, chapter 412‑B . [PL 2019, c. 239, §5 (AMD).]
22 M.R.S. § 1641 — ME Code / Title 22 / Subtitle 2 / Chapter 266-A / Section 1641
22 §1641. Parkinson's Syndrome
Status: in_force

The Department of Human Services shall establish, maintain and operate an information and referral service for Parkinson's Syndrome to assist in promoting the general health and welfare of Maine's citizens, including, but not limited to, the following specific purposes: [PL 1985, c. 737, Pt. A, §51 (NEW).]

1. Information. To provide educational materials to the medical community and other interested individuals relating to the nature and treatment of Parkinson's Syndrome; and [PL 1985, c. 737, Pt. A, §51 (NEW).]

2. Referral. To maintain a referral service to make available, upon request, the names, addresses and phone numbers, when known, of: A. Physicians who have an interest or expertise in Parkinson's Syndrome; and [PL 1985, c. 737, Pt. A, §51 (NEW).] B. Local or statewide support groups for Parkinson's Syndrome victims or their families and friends. [PL 1985, c. 737, Pt. A, §51 (NEW).] [PL 1985, c. 737, Pt. A, §51 (NEW).]
22 M.R.S. § 348 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 348
22 §348. Withholding of funds
Status: in_force

A health care facility or other provider may be eligible to apply for or receive any reimbursement, payment or other financial assistance from any state agency or other 3rd-party payor, either directly or indirectly, for any capital expenditure or operating costs attributable to any project for which a certificate of need is required by this chapter only if the certificate of need has been obtained. Reimbursement, payment or other financial assistance, either directly or indirectly, from a state agency or other 3rd-party payor may be subject to an enforcement action by the commissioner to withhold or deny reimbursement, in whole or in part, with respect to a project granted a certificate of need when the commissioner determines that the applicant fails to meet any of the conditions set forth in the certificate of need approval in accordance with the procedures set forth in section 332 . For the purposes of this section, the department shall determine the eligibility of a facility to receive reimbursement for all projects subject to the provisions of this chapter. [PL 2007, c. 440, §20 (AMD).]
22 M.R.S. § 3812 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3812
22 §3812. Notice to recipient
Status: in_force

A notice of overpayment issued by a payor of program benefits must inform the recipient of the collection remedies available under this chapter. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 3174-NNN — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-NNN
22 §3174-NNN. Rules regarding electronic visit verification for hospice services
Status: in_force

The department may adopt rules regarding the use of electronic visit verification for providers offering hospice services under the MaineCare program. Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . For purposes of this section, "electronic visit verification" means a system under which visits conducted as part of hospice services are electronically verified with respect to the type of service performed, the individual receiving the service, the date of the service, the location of service delivery, the individual providing the service and the time the service begins and ends. [PL 2023, c. 576, §1 (NEW); PL 2023, c. 576, §2 (AFF).]

Revisor's Note: §3174-NNN. MaineCare eligibility for persons under 21 years of age (As enacted by PL 2023, c. 597, §15 is REALLOCATED TO TITLE 22, SECTION 3174-OOO)
22 M.R.S. § 350-C — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 350-C
22 §350-C. Implementation reports (REALLOCATED FROM TITLE 22, SECTION 353)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 353)

The holder of a certificate of need shall make written reports as provided in this section and as required by rule adopted by the department. [RR 2001, c. 2, Pt. A, §32 (RAL).]

1. Final plans and specifications. A holder of a certificate of need that has been issued for the construction or modification of a facility or portion of a facility shall file final plans and specifications for the project as required by the department to determine that the plans and specifications are in compliance with the certificate of need and with applicable licensure, life safety code and accreditation standards. [RR 2001, c. 2, Pt. A, §32 (RAL).]

2. Reports. The department may require periodic reports, summary reports and cost and utilization reports as well as reports regarding the effect of the project on the health status, quality of care and health outcomes of the population served for no longer than 3 years following the completion of the project as set out in rule. [PL 2011, c. 648, §24 (AMD).]

3. Summary report. [PL 2011, c. 648, §24 (RP).]

4. Cost and utilization reports. [PL 2011, c. 648, §24 (RP).]

5. Department action. The department may revoke any certificate of need the department has issued when the person to whom it has been issued fails to file reports or plans and specifications required by the department on a timely basis. The department shall review services that fall below the required volume and quality standards of a certificate of need. [PL 2011, c. 648, §24 (AMD).]
22 M.R.S. § 8731 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8731
22 §8731. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 470, §8 (NEW).]

1. Brand-name drug. "Brand-name drug" means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. [PL 2019, c. 470, §8 (NEW).]

1-A. Drug product family. "Drug product family" means a group of one or more prescription drugs that share a unique generic drug description and drug form. [PL 2021, c. 305, §1 (NEW).]

1-B. Category of insulin. "Category of insulin" means rapid‑acting, short‑acting, intermediate‑acting, long‑acting and premixed insulin for which at least 2 licenses have been issued by the federal Food and Drug Administration and are actively marketed pursuant to such licensure in a category. [PL 2023, c. 610, §1 (NEW).]

2. Generic drug. "Generic drug" means a prescription drug, whether identified by its chemical, proprietary or nonproprietary name, that is not a brand-name drug and is therapeutically equivalent to a brand-name drug in dosage, safety, strength, method of consumption, quality, performance and intended use. "Generic drug" includes a biosimilar product. [PL 2019, c. 470, §8 (NEW).]

2-A. Insulin. "Insulin" has the same meaning as in Title 32, section 13786‑D, subsection 1, paragraph A and includes insulin or an insulin pen that is licensed under the federal Public Health Service Act, 42 United States Code, Section 262(a) or 262(k). [PL 2023, c. 610, §2 (NEW).]

3. Manufacturer. "Manufacturer" means an entity that manufactures or repackages, and sets the wholesale acquisition cost for, prescription drugs that are distributed in the State. [PL 2021, c. 305, §2 (AMD).]

3-A. Prescription drug. "Prescription drug" means a drug, as defined in 21 United States Code, Section 321(g) or a biological product as defined in 42 United States Code, Section 262(i)(1) that: A. Is intended for human use; [PL 2021, c. 305, §3 (NEW).] B. Is not a device within the meaning of 21 United States Code, Section 321(h); and [PL 2021, c. 305, §3 (NEW).] C. By federal or state law, can be lawfully dispensed or administered only on prescription by a licensed health care professional. [PL 2021, c. 305, §3 (NEW).] [PL 2021, c. 305, §3 (NEW).]

4. Pricing component data. "Pricing component data" means data unique to each manufacturer, wholesale drug distributor or pharmacy benefits manager subject to this subchapter that evidences the cost to each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers and the payments received by each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers, taking into account any price concessions, and that is measured uniformly among the entities, as determined by rules adopted by the organization pursuant to section 8737 . [PL 2019, c. 470, §8 (NEW).]

5. Pricing unit. "Pricing unit" means the smallest dispensable amount of a prescription drug that could be dispensed. [PL 2019, c. 470, §8 (NEW).]

6. Wholesale acquisition cost. "Wholesale acquisition cost" means a manufacturer's listed price for sale to a wholesale drug distributor or other entity that purchases a prescription drug directly from the manufacturer, not including any price concessions. [PL 2019, c. 470, §8 (NEW).]
22 M.R.S. § 5107-I — ME Code / Title 22 / Subtitle 4 / Chapter 1453 / Section 5107-I
22 §5107-I. Quality assurance review committee
Status: in_force

The department shall establish a quality assurance review committee, referred to in this section as the "committee," to review the provision of home care coordination services for long-term services and supports for elders and adults with disabilities. The committee membership must include consumers of home care services; representatives of consumers; consumer advocates, including the long-term care ombudsman program; health care and service providers; representatives from each area agency on aging; and staff of each agency that provides home care coordination services. The joint standing committee of the Legislature having jurisdiction over health and human services matters may make recommendations to the department regarding committee membership. [PL 2011, c. 495, §1 (AMD).]

1. Chair; meetings. The members of the committee shall choose a chair, who may not be a representative of a home care coordination agency. The committee shall meet at least quarterly. [PL 2001, c. 362, §1 (NEW).]

2. Duties. The committee shall assess, evaluate and prepare findings regarding quality of care coordination, including: A. Implementation, monitoring and modification of the plan of care of a consumer of home care services; [PL 2001, c. 362, §1 (NEW).] B. Advocacy on behalf of the consumer of home care services for access to appropriate community resources; [PL 2001, c. 362, §1 (NEW).] C. Ensuring coordination of service providers and timely delivery of services pursuant to the plan of care and identified needs of the consumer of home care services; [PL 2001, c. 362, §1 (NEW).] D. Maintaining contact, on behalf of the consumer of home care services, with family members and others in the consumer's support structure and with other representatives, guardians, surrogates or providers of services or supports; [PL 2001, c. 362, §1 (NEW).] E. Ensuring the continuity of care; [PL 2001, c. 362, §1 (NEW).] F. With the participation of the consumer of home care services or the consumer's representative and providers of services or support, monitoring services and supports and evaluating the effectiveness of the plan of care; [PL 2001, c. 362, §1 (NEW).] G. Coordinating and requesting assessments and reassessments and providing necessary consumer status reports to the assessor in a timely manner; [PL 2001, c. 362, §1 (NEW).] H. Providing the consumer of home care services with appropriate information regarding eligibility, rules and benefits and helping the consumer apply for appropriate assistance; [PL 2001, c. 362, §1 (NEW).] I. Addressing consumer complaints in a timely manner; and [PL 2001, c. 362, §1 (NEW).] J. Providing the consumer of home care services with information about the services of the long-term care ombudsman under section 5107‑A and the availability of legal services. [PL 2001, c. 362, §1 (NEW).] [PL 2001, c. 362, §1 (NEW).]

3. Coordination. The committee shall work to coordinate its efforts with those of any other quality assurance initiatives, committees and working groups within the department relating to the delivery of long-term care services. [PL 2001, c. 362, §1 (NEW).]

4. Annual report. [PL 2019, c. 612, §3 (RP).]

5. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 362, §1 (NEW).]
22 M.R.S. § 2158-B — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2158-B
22 §2158-B. Food, food additives and food products containing adult use cannabis not adulterated
Status: in_force

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain adult use cannabis are not considered to be adulterated under this subchapter based solely on the inclusion of adult use cannabis. For the purposes of this section, "adult use cannabis" has the same meaning as in Title 28‑B, section 102‑A, subsection 1 . [PL 2023, c. 679, Pt. C, §3 (AMD).]
22 M.R.S. § 5401 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5401
22 §5401. Short title
Status: in_force

This Act may be known and cited as "the Made for Maine Health Coverage Act." [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 8302-B — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8302-B
22 §8302-B. Providers subject to standards
Status: in_force

A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds is not required to be licensed as a family child care provider pursuant to section 8301‑A but is subject to the provisions of this section. [PL 2021, c. 35, §25 (AMD).]

1. Investigation. A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds and a child care staff member, as defined in section 8302‑A, subsection 2, paragraph K , of the person must pass a criminal background check pursuant to section 8302‑C that meets the requirements of 42 United States Code, Section 9858f(b). [PL 2017, c. 457, §7 (RPR).]

1-A. Payment for criminal background checks. Fees for and costs related to processing and administering criminal background checks required for a child care staff member pursuant to subsection 1 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 and costs related to processing and administering criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration. A transfer of payment by the department to the Department of Public Safety from 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 must be made pursuant to a schedule agreed upon by the department and the Department of Public Safety, in consultation with the State Controller, and based on documentation of fees and processing and administration costs incurred. [PL 2017, c. 457, §8 (NEW).]

2. Information provided by department. The department shall supply providers with information on the following topics: A. Health and safety, including the control of communicable disease, and immunization requirements; [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).] B. Physical premises safety; and [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).] C. Training opportunities in health and safety, first aid and cardiopulmonary resuscitation and early care and education. [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).] [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]

3. Authority to inspect. The department has the authority to inspect the premises of the person providing the care. [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
22 M.R.S. § 1503 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1503
22 §1503. Authority
Status: in_force

A minor may give consent to all medical, mental, dental and other health counseling and services if the minor: [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1. Living separately; independent of parental support. Is living separately from parents or a legal guardian and is independent of parental support. A minor may prove that the minor meets the requirements of this subsection with documentation including, but not limited to: A. A written statement affirming that the minor is living separately from parents or a legal guardian and is independent of parental support signed by: (1) A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons; (2) A local education agency liaison for homeless children and youth designated pursuant to 42 United States Code, Section 11432(g)(1)(J)(ii) or a school social worker or counselor; or (3) An attorney representing the minor in any legal matter; [PL 2019, c. 206, §1 (NEW).] B. A copy of a protection from abuse complaint or a temporary order or final order of protection against the minor's parent or legal guardian; or [PL 2019, c. 206, §1 (NEW).] C. Proof of filing a petition for emancipation pursuant to Title 15, section 3506‑A ; [PL 2019, c. 206, §1 (NEW).] [PL 2019, c. 206, §1 (RPR).]

2. Married. Is or was legally married; [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Armed Forces. Is or was a member of the Armed Forces of the United States; or [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Emancipated. Has been emancipated by the court pursuant to Title 15, section 3506‑A . [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

A health care practitioner who obtains documentation that meets the requirements of this section prior to providing medical, mental, dental or other health counseling or services to a minor pursuant to this section is immune from any civil or criminal liability based on the health care practitioner's determination to provide services, except that a health care practitioner may be held liable for the health care practitioner's gross negligence or willful or wanton acts or omissions. [PL 2019, c. 206, §2 (NEW).]