22 M.R.S. § 2708 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2708
22 §2708. Penalties
Status: in_force

1. Intentional or knowing falsification. A person who intentionally or knowingly falsifies, provides false information, makes or alters any certificate or certified copy except as provided for in this Title commits a Class E crime. [PL 2003, c. 452, Pt. K, §21 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

1-A. Knowing possession, use. A person who knowingly possesses and uses a false or altered certificate or certified copy or knowingly possesses and uses as that person's own a certificate or certified copy pertaining to another person commits a Class E crime. [PL 2003, c. 452, Pt. K, §22 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

1-B. Hindering state registrar investigation. A person who knowingly refuses to permit the state registrar to inspect vital records or hinders an investigation conducted by the state registrar pursuant to section 2709 commits a Class E crime. [PL 2009, c. 601, §13 (NEW).]

2. General. A person may not: A. Refuse to provide information required by this Title, violate a provision of this Title having to do with the registration of vital statistics or neglect or refuse to perform a duty imposed upon that person by this Title having to do with the registration of vital statistics. Violation of this paragraph is a Class E crime; or [PL 2003, c. 452, Pt. K, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having been previously convicted of violating this subsection. Violation of this paragraph is a Class D crime. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. [PL 2003, c. 452, Pt. K, §23 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. K, §23 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Disposition of dead body without permit. A person may not: A. Knowingly transport or accept for transportation, interment or other disposition a dead body without an accompanying permit issued in accordance with this Title. Violation of this paragraph is a Class E crime; or [PL 2003, c. 452, Pt. K, §24 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having been previously convicted of violating this subsection. Violation of this paragraph is a Class D crime. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. [PL 2003, c. 452, Pt. K, §24 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §24 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 4010-E — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010-E
22 §4010-E. Office of Child and Family Services report
Status: in_force

The Office of Child and Family Services shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters at least every 3 months. Each quarterly report shall describe the department's efforts to protect the State's children and may include but is not limited to prevention efforts; training programs; development and implementation of strategic plans, priorities and initiatives; data reports; staffing updates; child placements; implementation of requirements in prior enacted bills or budgets; interactions with citizen review panels established pursuant to the federal Children's Justice Act, 42 United States Code, Section 5106a; and any other subject matter requested by the joint standing committee. [PL 2023, c. 261, §3 (NEW).]
22 M.R.S. § 2691 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2691
22 §2691. Short title; purpose
Status: in_force

This subchapter may be known and cited as the "Prescription Drug Price Reduction Act." The Legislature finds that affordability is critical in providing access to prescription drugs for Maine residents. This subchapter is enacted by the Legislature as a positive measure to make prescription drugs more affordable for qualified Maine residents, thereby increasing the overall health of Maine residents, promoting healthy communities and protecting the public health and welfare of Maine residents. [PL 1999, c. 786, Pt. A, §3 (NEW).]
22 M.R.S. § 1316 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1316
22 §1316. Restrictions on use of lead-based substances
Status: in_force

A person may not use or apply lead-based substances: [PL 1991, c. 810, §19 (AMD).]

1. Interiors. In or upon any exposed surface of a dwelling, residential child-care facility or preschool facility; [PL 1995, c. 453, §8 (AMD).]

2. Fixtures. In or upon any fixtures or other objects used, installed or located in or upon any exposed surface of a dwelling, residential child-care facility or preschool facility or intended to be so used, installed or located; and [PL 1995, c. 453, §8 (AMD).]

3. Toys and furniture. In and upon toys or household furniture. [PL 1973, c. 367 (NEW).]
22 M.R.S. § 2660-B — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-B
22 §2660-B. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

1. Commission. "Commission" means the Maine Public Drinking Water Commission. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

2. Community water system. "Community water system" means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

3. Division. "Division" means the Division of Health Engineering within the Bureau of Health, Department of Human Services. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

4. Fund. "Fund" means the Public Drinking Water Fund. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

5. Noncommunity water system. "Noncommunity water system" means a public water system that is not a community water system. A noncommunity water system is either nontransient or transient, as follows. A. A nontransient, noncommunity water system serves at least 25 of the same persons for 6 months or more per year and may include, but is not limited to, a school, factory, industrial park or office building. [PL 1993, c. 410, Pt. DD, §4 (NEW).] B. A transient, noncommunity water system serves at least 25 persons, but not necessarily the same persons, for at least 60 days per year and may include, but is not limited to, a highway rest stop, seasonal restaurant, seasonal motel, golf course, park or campground. A bottled water company is a transient, noncommunity water system. [PL 1993, c. 410, Pt. DD, §4 (NEW).] [PL 1993, c. 410, Pt. DD, §4 (NEW).]

6. Program. "Program" means the Maine Public Drinking Water Control Program. [PL 1993, c. 410, Pt. DD, §4 (NEW).]

7. Primacy. "Primacy" means the federally delegated primary enforcement authority to adopt, implement and enforce federally mandated drinking water standards promulgated pursuant to the federal Safe Drinking Water Act as amended. [PL 1993, c. 410, Pt. DD, §4 (NEW).]
22 M.R.S. § 2605 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2605
22 §2605. Administration
Status: in_force

To carry out this chapter, the commissioner is authorized and empowered to: [PL 1975, c. 751, §4 (NEW).]

1. Agreements. Enter into agreements, contracts or cooperative arrangements under such terms and conditions as the commissioner considers appropriate with other state, federal or interstate agencies, municipalities, education institutions, local health departments or other organizations or individuals; [RR 2021, c. 2, Pt. B, §128 (COR).]

2. Assistance. Receive financial and technical assistance from the Federal Government and other public or private agencies; [PL 1975, c. 751, §4 (NEW).]

3. Program participation. Participate in related programs of the Federal Government, other states, interstate agencies or other public agencies or organizations; [PL 1975, c. 751, §4 (NEW).]

4. Fiscal control and accounting. Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds; [PL 1975, c. 751, §4 (NEW).]

5. Procedures. Adopt and implement adequate procedures to insure compliance with this chapter and rules and regulations promulgated hereunder, including procedures for the monitoring and inspection of public water systems; and [PL 1975, c. 751, §4 (NEW).]

6. Advising other agencies. Advise other regulatory agencies of the department's rules, regulations and orders promulgated under this chapter. [PL 1975, c. 751, §4 (NEW).]

Except as otherwise specifically provided by law, the commissioner may impose no standard, method or procedure upon any water utility, as defined in Title 35‑A, section 102 , that is more stringent than required under the federal Safe Drinking Water Act, as amended, or rules promulgated under that Act by the Administrator of the United States Environmental Protection Agency, unless the particular standard, method or procedure has been adopted in a rule adopted according to the Maine Administrative Procedure Act and the rule specifies in detail the scientific basis justifying the more stringent standard, method or procedure and the precise criteria for when the standard, method or procedure applies to a water utility. [PL 1993, c. 514, §1 (NEW).]
22 M.R.S. § 4322 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4322
22 §4322. Right to a fair hearing
Status: in_force

A person aggrieved by a decision, act, failure to act or delay in action concerning that person's application for general assistance under this chapter has the right to an appeal. If a person's application has been approved, general assistance may not be revoked during the period of entitlement until that person has been provided notice and an opportunity for hearing as provided in this section. Within 5 working days of receiving a written decision or notice of denial, reduction or termination of assistance, in accordance with the provisions of section 4321 , or within 10 working days after any other act or failure to act by the municipality with regard to an application for assistance, the person may request an appeal. A hearing must be held by the fair hearing authority within 5 working days following the receipt of a written request by the applicant for an appeal. The hearing may be conducted by the municipal officers, a board of appeals created under Title 30‑A, section 2691 , or one or more persons appointed by the municipal officers to act as a fair hearing authority. An appeal may not be held before a person or body responsible for the decision, act, failure to act or delay in action relating to the applicant. [PL 1993, c. 410, Pt. AAA, §13 (AMD).]

The person requesting the appeal and the municipal administrator responsible for the decision being appealed must be afforded the right to confront and cross-examine any witnesses presented at the hearing, present witnesses in their behalf and be represented by counsel or other spokesperson. A claimant must be advised of these rights in writing. The decision of such an appeal must be based solely on evidence adduced at the hearing. The Maine Rules of Evidence do not apply to information presented to the fair hearing authority. The standard of evidence is the standard set in Title 5, section 9057, subsection 2 . The person requesting the appeal must, within 5 working days after the appeal, be furnished with a written decision detailing the reasons for that decision. When any decision by a fair hearing authority or court authorizing assistance is made, that assistance must be provided within 24 hours. Review of any action or failure to act under this chapter must be conducted pursuant to the Maine Rules of Civil Procedure, Rule 80-B. The municipality shall make a record of the fair hearing. The municipality's obligation is limited to keeping a taped record of the proceedings. The applicant shall pay costs for preparing any transcripts required to pursue an appeal of a fair hearing authority's decision. [RR 2009, c. 2, §60 (COR).]
22 M.R.S. § 2811 — ME Code / Title 22 / Subtitle 2 / Chapter 706 / Section 2811
22 §2811. Determination of death
Status: in_force

An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards. [PL 1983, c. 33 (NEW).]
22 M.R.S. § 4010 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010
22 §4010. Spiritual treatment
Status: in_force

1. Treatment not considered abuse or neglect. Under subchapter s I to VII , a child shall not be considered to be abused or neglected, in jeopardy of health or welfare or in danger of serious harm solely because treatment is by spiritual means by an accredited practitioner of a recognized religious organization. [PL 1979, c. 733, §18 (NEW).]

2. Treatment to be considered if requested. When medical treatment is authorized under this chapter, treatment by spiritual means by an accredited practitioner of a recognized religious organization may also be considered if requested by the child or the child's parent. [RR 2021, c. 2, Pt. B, §182 (COR).]
22 M.R.S. § 7308 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7308
22 §7308. Respite for ME Program
Status: in_force

The Respite for ME Program is established in the department. The department shall administer the Respite for ME Program for the purpose of providing respite care, as described in the federal Older Americans Act of 1965, 42 United States Code, Section 3030s-1(b)(4), and supplemental services, as described in 42 United States Code, Section 3030s-1(b)(5), for family caregivers as defined in 42 United States Code, Section 3022(3) and older relative caregivers as defined in 42 United States Code, Section 3030s(a)(4). [PL 2025, c. 30, §1 (NEW).]
22 M.R.S. § 4099-M — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-M
22 §4099-M. Right to a hearing; appeal
Status: in_force

A person who is the subject of the decision in section 4099‑L, subsection 5 has the right to a hearing to appeal an indicated or substantiated finding of out-of-home abuse or neglect in accordance with the provisions of the Maine Administrative Procedure Act. [PL 2023, c. 248, §4 (NEW).]
22 M.R.S. § 349 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 349
22 §349. Injunction
Status: in_force

The Attorney General, upon the request of the department, shall seek to enjoin any project for which a certificate of need as required by this chapter has not been obtained and shall take any other action as may be appropriate to enforce this chapter. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 2052 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2052
22 §2052. Declaration of necessity
Status: in_force

It is declared that for the benefit of the people of the State, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that health care facilities within the State be provided with appropriate additional means to expand, enlarge and establish health care facilities and other related facilities; that this and future generations of students be given the fullest opportunity to learn and to develop their intellectual capacities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable health care facilities, institutions for higher education and nonprofit institutions providing an educational program in the State to provide the facilities and structures needed to accomplish the purposes of this chapter, all to the public benefit and good, and the exercise of the powers, to the extent and manner provided in this chapter, is declared the exercise of an essential governmental function. [PL 2007, c. 354, §1 (AMD).]
22 M.R.S. § 3174-MM — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-MM
22 §3174-MM. Outpatient services reimbursement under the MaineCare program based on ambulatory payment classifications
Status: in_force

Beginning April 1, 2010, the Department of Health and Human Services shall begin to phase in a system to reimburse noncritical access hospitals for outpatient services under the MaineCare program an amount per patient service based on ambulatory payment classifications modeled on the system used by the federal Medicare program. The new ambulatory payment classifications must be budget neutral based on MaineCare payments for the same services in the year prior to the year of implementation. The new payment system must be implemented for each hospital at the beginning of the hospital's first fiscal year that commences on or after April 1, 2010. The Department of Health and Human Services shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 213, Pt. CC, §4 (NEW).]
22 M.R.S. § 3187 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3187
22 §3187. Principles of reimbursement; rules
Status: in_force

The department shall meet annually with providers of community-based intermediate care facilities for persons with intellectual disabilities to review current principles of reimbursement under the federal Social Security Act, Title XIX, 42 United States Code, Chapter 7 and discuss necessary and appropriate changes. [PL 2011, c. 542, Pt. A, §35 (AMD).]

Principles of reimbursement established for intermediate care facilities for persons with intellectual disabilities must ensure maximum flexibility enabling facilities to shift variable cost funds within accounts established pursuant to the principles. These principles may not set any artificial limits on specific variable cost accounts as long as facility totals are met. [PL 2011, c. 542, Pt. A, §35 (AMD).]

Rules regarding principles of reimbursement for intermediate care facilities for persons with intellectual disabilities adopted pursuant to section 3173 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A , except that rules adopted to establish an approval process for capital expenditures to renovate or construct intermediate care facilities for persons with intellectual disabilities are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 542, Pt. A, §35 (AMD).]
22 M.R.S. § 3266 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3266
22 §3266. Acceptance of federal provisions
Status: in_force

All provisions of the United States Social Security Act, Title XVI, Sections 1611, 1612, 1613, 1614 and 1615, as amended, relating to determination of benefits and Sections 1631, 1632 and 1633, as amended, relating to procedural and general provisions are accepted and are deemed to apply to the program of state supplemental security income benefits to the extent that they may be required to conduct a state supplemental income program as pursuant to this Part. [RR 2021, c. 2, Pt. A, §62 (COR).]
22 M.R.S. § 2423-B — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2423-B
22 §2423-B. Authorized conduct by a medical provider
Status: in_force

A medical provider may provide a written certification in accordance with this section for the medical use of cannabis under this chapter and, after having done so, may otherwise state that in the medical provider's professional opinion a qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's medical diagnosis. [PL 2017, c. 452, §5 (AMD); PL 2021, c. 669, §5 (REV).]

1. Adult qualifying patient. Prior to providing written certification for the medical use of cannabis under this section, a medical provider shall inform an adult qualifying patient or the patient's legal guardian or representative of the risks and benefits of the medical use of cannabis and that the patient may benefit from the medical use of cannabis. [PL 2017, c. 452, §5 (AMD); PL 2021, c. 669, §5 (REV).]

2. Minor qualifying patient. [PL 2017, c. 452, §5 (RP).]

2-A. Minor qualifying patient. A medical provider who provides a written certification to a patient who has not attained 18 years of age shall: A. Prior to providing written certification, inform the qualifying patient and the parent, legal guardian or person having legal custody of the patient of the risks and benefits of the medical use of cannabis and that the patient may benefit from the medical use of cannabis; and [PL 2021, c. 662, §18 (AMD); PL 2021, c. 669, §5 (REV).] B. [PL 2021, c. 662, §18 (RP).] C. [PL 2021, c. 662, §18 (RP).] D. [PL 2021, c. 662, §18 (RP).] E. Provide the parent, legal guardian or person having legal custody of the qualifying patient with a reliable method of communicating with the medical provider at all times, including when the medical provider's office is closed, regarding the proper dosage of and mitigation of any side effects caused by cannabis used by the qualifying patient for medical purposes. [PL 2021, c. 662, §18 (NEW); PL 2021, c. 669, §5 (REV).] The department shall adopt major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A as necessary to implement the requirements of this subsection. [PL 2021, c. 662, §18 (AMD); PL 2021, c. 669, §5 (REV).]

2-B. Adult and minor patients with substance use disorder. Prior to providing written certification for the medical use of cannabis under this section for a medical diagnosis of substance use disorder that, in the medical provider's professional opinion, may be alleviated by the therapeutic or palliative medical use of cannabis, the medical provider shall develop a recovery plan with the patient. For purposes of this subsection, "substance use disorder" means a diagnosis related to alcohol or drug abuse covered by Title 5, chapter 521 . [PL 2017, c. 452, §5 (NEW); PL 2021, c. 669, §5 (REV).]

2-C. Bona fide provider-patient relationship. A written certification may be made only in the course of a bona fide medical provider-patient relationship after the medical provider has completed a full assessment of the patient's medical history. If a patient has not provided a medical provider who is not the patient's primary care provider with the name and contact information of the patient's primary care provider, a medical provider shall conduct an in-person consultation with the patient prior to providing a written certification. [PL 2017, c. 452, §5 (NEW).]

3. Expiration. A written certification form for the medical use of cannabis under this section is valid for the term provided by the qualifying patient's medical provider, which must be included in the written certification and which may not exceed one year. [PL 2021, c. 662, §19 (AMD); PL 2021, c. 669, §5 (REV).]

4. Form; content; digital image. A written certification under this section must be issued on tamper-resistant paper provided by the department in the form required by rule adopted by the department and may not require a qualifying patient's medical provider to state the patient's specific medical diagnosis. A medical provider may also provide to a qualifying patient a digital image of the patient's written certification document as long as the document portrayed in the digital image is identical to the document issued by the medical provider and the information contained in the document is legible in the digital image. [PL 2021, c. 662, §20 (AMD).]

5. Possible sanctions. Nothing in this chapter prevents a professional licensing board from sanctioning a medical provider for failing to properly evaluate or treat a patient's medical diagnosis or otherwise violating the applicable standard of care for evaluating or treating medical diagnoses. [PL 2017, c. 452, §5 (AMD).]

6. Certification issued based on medical diagnosis. A medical provider may not condition the issuance of a written certification for the medical use of cannabis on any requirements other than that the patient's medical diagnosis may be alleviated by the therapeutic or palliative medical use of cannabis. Nothing in this section may be construed to prevent a medical provider from exercising professional judgment in declining to issue a certification for the medical use of cannabis. [PL 2017, c. 452, §5 (AMD); PL 2021, c. 669, §5 (REV).]

7. Patient referral disclosure of interest. Prior to providing a referral to a qualifying patient for goods and services associated with a certification for the medical use of cannabis to an entity in which the medical provider has a direct or indirect financial interest, a medical provider shall provide written disclosure to the qualifying patient regarding any direct or indirect financial interest the medical provider has or may have in the resulting referral and shall maintain a copy of this disclosure in the qualifying patient's record. [PL 2015, c. 475, §15 (NEW); PL 2021, c. 669, §5 (REV).]

8. Continuing medical education. A medical provider who has not previously provided a written certification to a qualifying patient for the medical use of cannabis shall, prior to providing a written certification to a qualifying patient, submit evidence, satisfactory to the department, of successful completion of a one-hour course of continuing medical education relating to medical cannabis within the preceding 24 months. [PL 2017, c. 452, §5 (NEW); PL 2021, c. 669, §5 (REV).]

9. Telehealth. A medical provider who provides written certifications for the medical use of cannabis under this section may use telehealth services to consult with a patient subject to the following conditions: A. A medical provider using telehealth services to consult with a patient seeking a written certification for the medical use of cannabis under this section shall engage in a synchronous encounter with a patient before providing a written certification or renewal of a written certification; and [PL 2021, c. 662, §21 (NEW); PL 2021, c. 669, §5 (REV).] B. A medical provider who provides written certifications for the medical use of cannabis and uses telehealth services to consult with patients shall operate within the standards of practice determined by the licensing board for that medical provider. [PL 2021, c. 662, §21 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2021, c. 662, §21 (NEW); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 4195 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4195
22 §4195. Retention of jurisdiction -- Article V
Status: in_force

The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in the first paragraph.
22 M.R.S. § 780 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 780
22 §780. Fees
Status: in_force

The department shall determine a schedule of fees to defray the costs of the registration programs established in sections 774 and 775 . Fees may not exceed $150 for registrants under section 774 or $75 for registrants under section 775 . The fees collected must be placed in the Radon Relief Fund established in section 784 . The fee schedule must provide for initial registration and biennial registration fees. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 3174-C — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-C
22 §3174-C. Coverage for inpatient hospital mental disease treatment services
Status: in_force

Provided that the federal maintenance-of-effort requirements are satisfied, the department shall provide reimbursement, under the United States Social Security Act, Title XIX, for inpatient psychiatric facility care and treatment of patients with mental diseases. [PL 1985, c. 769, §1 (NEW).]
22 M.R.S. § 8302-C — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8302-C
22 §8302-C. Investigation
Status: in_force

A child care provider and any child care staff member subject to a criminal background check pursuant to sections 8302‑A and 8302‑B must pass a background check conducted in accordance with this section and rules adopted by the department under section 8302‑A . As used in this section, "child care provider" means a person who provides child care in a child care facility, a family child care provider and 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. As used in this section, "child care staff member" has the same meaning as described in section 8302‑A, subsection 1, paragraph J and section 8302‑A, subsection 2, paragraph K . [PL 2017, c. 457, §9 (NEW).]

1. Investigation. In accordance with the rules adopted by the department, the department shall request a criminal background check for a child care provider and child care staff members of the child care provider. The criminal background check must include criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation. The following provisions apply. A. The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of public criminal history record information as defined in Title 16, section 703, subsection 8 . [PL 2017, c. 457, §9 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2017, c. 457, §9 (NEW).] C. A person subject to a criminal background check under this section shall submit to having fingerprints taken. The State Police, upon payment of the fee, shall take or cause to be taken the person's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. [PL 2017, c. 457, §9 (NEW).] D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709 . [PL 2017, c. 457, §9 (NEW).] E. State and federal criminal history record information may be used by the department for the purpose of screening a child care provider or child care staff member in accordance with this chapter. [PL 2017, c. 457, §9 (NEW).] F. Information obtained pursuant to this subsection is confidential. The results of criminal background checks received by the department are for official use only and may not be disseminated to any other person or entity. [PL 2017, c. 457, §9 (NEW).] G. If a person is no longer subject to this chapter that person may request in writing that the State Bureau of Identification remove the person's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the person's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2017, c. 457, §9 (NEW).] The department, with the State Bureau of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 457, §9 (NEW).]
22 M.R.S. § 2150 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2150
22 §2150. Compliance
Status: in_force

Any home health care provider that provides services for which a license is required without obtaining a license commits a civil violation and is subject to a civil penalty for which a forfeiture of $100 may be adjudged. Each day constitutes a separate violation. [PL 1989, c. 579, §5 (NEW).]
22 M.R.S. § 2494 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2494
22 §2494. Fees
Status: in_force

Each application for, or for renewal of, a license to operate an eating establishment, lodging place, recreational camp, youth camp, public pool, public spa or campground within the meaning of this chapter must be accompanied by a fee, appropriate to the size of the establishment, place, camp, pool, spa or area of the licensee, determined by the department and not to exceed the fees listed below. All fees collected by the department must be deposited into a special revenue account established for this purpose. No such fee may be refunded. No license may be assignable or transferable, except as provided in section 2495. The fees may not exceed: [PL 2025, c. 339, §1 (AMD).]

1. One hundred dollars. One hundred dollars for: A. Public schools governed by a school board of an administrative unit; [PL 1987, c. 838, §1 (NEW).] B. Private secondary schools approved for tuition when school enrollments are at least 60% publicly funded students as determined by the previous school year's October to April average enrollment; and [PL 1987, c. 838, §1 (NEW).] C. Schools operated by an agency of State Government for the education of children in unorganized territories; [PL 1987, c. 838, §1 (NEW).] [PL 2003, c. 673, Pt. X, §1 (AMD).]

2. One hundred dollars. One hundred dollars for an establishment that is located in a municipality that requires local inspections of establishments to cover the costs of standardizing inspection practices; administrative licensing and maintaining a centralized database; ongoing training, investigation, compliance and technical assistance; and legal interpretation and advice; and [PL 2021, c. 125, §12 (AMD).]

3. Three hundred dollars. Three hundred dollars for all other establishments, places and camps not included in subsection 1 or 2 . [PL 2009, c. 589, §2 (AMD).]

All such fees are for the license, one licensure inspection and one follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the department is authorized through its rules to charge an additional fee not to exceed $100 to cover the costs of each additional inspection or visit. Failure to pay such charges within 30 days of the billing date constitutes grounds for revocation of the license, unless an extension for a period not to exceed 60 days is granted in writing by the commissioner. [PL 2011, c. 375, §1 (AMD).]
22 M.R.S. § 2062 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2062
22 §2062. Trust agreement to secure bonds
Status: in_force

In the discretion of the authority, any bonds issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, and not in violation of law, including particularly such provisions as have been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this State, which may act as depositary of the proceeds of bonds or of revenues or other moneys, may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a project. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 3480 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3480
22 §3480. Investigations
Status: in_force

1. Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate or the legal counsel for the department may: A. 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 subsequent adult protective proceeding, including, but not limited to, health care information that is confidential under section 1711‑C . (1) The department may apply to the District Court and Probate Court to enforce a subpoena. (2) 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; and [PL 2003, c. 653, §15 (AMD).] B. Obtain confidential criminal history record information and other criminal history record information under Title 16, section 703 , which the commissioner, the commissioner's delegate or the legal counsel for the department considers relevant to a case of alleged abuse, neglect or exploitation. [PL 2013, c. 267, Pt. B, §17 (AMD).] [RR 2021, c. 2, Pt. B, §174 (COR).]

2. Confidentiality. Information or records obtained by subpoena shall be treated in accordance with section 3474 . [PL 1981, c. 527, §2 (NEW).]

3. Right of entry and access to records of licensed facilities. The department and any duly designated officer or employee of the department have the right to enter upon and into the premises of any facility licensed under sections 1817 and 7801 in order to obtain information necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding. The department has access to all records in the facility's possession that are relevant to the investigation of a report of suspected abuse, neglect or exploitation and any subsequent adult protective proceeding and is not required to issue a subpoena to the facility before obtaining access to the records. [PL 1995, c. 696, Pt. B, §4 (NEW).]
22 M.R.S. § 6105 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6105
22 §6105. Priority Social Services Program
Status: in_force

There is established the "Priority Social Services Program." This program shall provide certain priority social services, with an emphasis placed on the development of human services in rural areas of Maine, to residents of the State by encouraging and assisting qualified community, regional and state level, private nonprofit and public nonstate government social agencies to develop greater capacity, to foster the development and provision of priority social services programs by entering into coordinated, cooperative agreements between the State of Maine and such agencies. The program shall begin effective July 1, 1973, except that prior to that date the Department of Health and Human Services is authorized to perform, within the limits of available funds, any and all actions necessary to initiate a properly administered program. [P&SL 1975, c. 90, §§SEC.C,3 (AMD); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 8944 — ME Code / Title 22 / Subtitle 6 / Chapter 1687 / Section 8944
22 §8944. Rules
Status: in_force

The department shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 344, §1 (NEW).]
22 M.R.S. § 1906 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1906
22 §1906. Availability
Status: in_force

To the extent family planning funds are available, the department shall provide family planning services to medically indigent persons eligible for such services as determined by rules adopted by the commissioner. Family planning services must also be available to all others who are unable to reasonably obtain these services privately, at a reasonable cost to be determined by the rules adopted by the commissioner. Any funds so collected must be retained by the department for the support of these services. [PL 2019, c. 236, §7 (NEW).]
22 M.R.S. § 2888 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2888
22 §2888. Neglect to discharge duties
Status: in_force

Any person having duties enjoined upon the person by this chapter who neglects, refuses or omits to perform a duty required by this chapter must, on conviction thereof, be punished by a fine of not less than $100 nor more than $500, for each offense. [RR 2021, c. 2, Pt. B, §148 (COR).]
22 M.R.S. § 1507 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1507
22 §1507. Consent for sexual assault forensic examination
Status: in_force

Notwithstanding the limitations set forth in section 1503 or the existence of a surrogate described in section 1503‑A , a minor may consent to health services associated with a sexual assault forensic examination to collect evidence after an alleged sexual assault. [PL 2015, c. 444, §4 (AMD).]
22 M.R.S. § 2963 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2963
22 §2963. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3291 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3291
22 §3291. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 714, §2 (NEW).]

1. Bureau. "Bureau" means the Office of MaineCare Services with respect to section 7703 and section 1828 . [PL 2019, c. 343, Pt. YY, §6 (AMD).]

2. Confidential information. "Confidential information" means information deemed confidential by chapters 958‑A and 1071 , and sections 7703 and 1828 . [PL 1989, c. 175, §4 (AMD).]

3. Department. "Department" means the Department of Health and Human Services. [PL 1987, c. 714, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Director. "Director" means the Director of the Office of Child and Family Services with respect to confidential information derived from chapters 958‑A and 1071 , and the Director of the Office of MaineCare Services or the Director of the Office of Child and Family Services with respect to confidential information derived from section 7703 and the Director of the Office of MaineCare Services with respect to confidential information derived from section 1828 . [PL 2019, c. 343, Pt. YY, §7 (AMD).]

5. Hearing officer. "Hearing officer" means presiding officer, judge, board chair, arbitrator or any other person responsible for conducting a proceeding or hearing subject to this chapter. [RR 2021, c. 2, Pt. B, §171 (COR).]

6. Licensing board. "Licensing board" means a professional or occupational licensing board that licenses, certifies or registers a person in a profession or occupation which is included in the list of professional and occupational licensing boards in Title 5, section 12004‑A . [PL 1989, c. 175, §4 (AMD).]

7. Office. "Office" means the Office of Child and Family Services with respect to chapters 958‑A and 1071 . [PL 2013, c. 368, Pt. CCCC, §2 (NEW).]
22 M.R.S. § 8710 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8710
22 §8710. Restructuring data
Status: in_force

Restructuring data must be filed, stored and managed as follows. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Major structural changes. The board may require providers and payors to report the occurrence of major structural changes relevant to the restructuring of the delivery and financing of health care in the State and to the potential effects of that restructuring upon consumers. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

2. Rulemaking. The board shall adopt rules to define the specific structural changes to be reported, consistent with subsection 1 . The required report must be limited to the filing of a concise narrative description of those occurrences that are clearly defined by the rule as requiring a report, accompanied by a chart depicting the relationship among organizations affected by the structural change. The rule must allow a single report to be filed by all providers and payors participating in or affected by a structural change for which a report is required. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

3. Additional information. In addition to the reports required under subsections 1 and 2 , the organization may collect, store and analyze additional information from published sources and information that a provider or payor has prepared voluntarily for nonconfidential distribution to persons other than employees, officers and the governing body of the provider or payor. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

4. Construction. Nothing in this section may be construed to require providers or payors to notify the organization prior to taking action to evaluate restructuring or to require providers or payors to generate, compile, analyze or submit information in addition to the concise narrative descriptions and chart required in subsection 2 . [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]
22 M.R.S. § 3278 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3278
22 §3278. Applicability of other sections
Status: in_force

Sections 3178 , 3179 , 3180 , 3181 , 3182 , 3183 and 3184 apply to this Part. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 1686 — ME Code / Title 22 / Subtitle 2 / Chapter 270-B / Section 1686
22 §1686. Toilet facilities required
Status: in_force

An eating establishment must provide at least one toilet facility for the use of its customers. Toilet facilities that require access through the food preparation area or the use of which would in any way cause the establishment to be in violation of any state law or rule may not be considered as fulfilling this requirement. The location of the toilets must be clearly marked, and the toilets must be maintained in a sanitary condition and in good repair and their location must be identifiable from the eating area. There may not be a charge for their use. Lavatory facilities must be located within or immediately adjacent to all toilet rooms or vestibules. [PL 2013, c. 264, §2 (AMD).]

Upon appeal, the Division of Health Engineering may exempt from the requirements of this chapter eating establishments of 13 to 25 seats which are not licensed for on-premise consumption of alcoholic beverages and which were in existence prior to September 30, 1985, and which: [PL 1987, c. 769, Pt. A, §73 (NEW).]

1. Shopping malls. Are part of an enclosed mall which provides customer toilet facilities which are part of the public portion of the mall and not part of a business within the mall; [PL 1987, c. 769, Pt. A, §73 (NEW).]

2. Other locations. Have submitted evidence of an agreement with a 2nd party that customers of the eating establishment may use toilet facilities which are on the premises owned or rented by the 2nd party in cases where such use would not create a substantial inconvenience to the customer of the eating establishment; [PL 1987, c. 769, Pt. A, §73 (NEW).]

3. Construction costs. Are housed in buildings of unique construction which makes installation of a toilet facility cost prohibitive; or [PL 1987, c. 769, Pt. A, §73 (NEW).]

4. Space loss. Would lose 1/4 or more of their existing seating space if required to provide a toilet facility of a minimum size of 3 feet by 6 feet. [PL 1987, c. 769, Pt. A, §73 (NEW).]

Any eating establishment which does not have a toilet facility available shall post a sign to that effect which may be seen upon entry to the eating establishment. [PL 1987, c. 769, Pt. A, §73 (NEW).]
22 M.R.S. § 2504 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2504
22 §2504. Confidentiality of investigative records
Status: in_force

1. Complaints and investigative records; confidentiality. Information identifying an individual who files a complaint in connection with the department’s public health activities associated with the department's licensing and regulatory functions authorized by this chapter and Title 32, chapters 18 , 63 , 63‑A and 64 is confidential unless otherwise directed by the court. With the exception of information that identifies the complainant, investigative records become public records upon the conclusion of an investigation, unless confidentiality is required by some other provision of law. For the purposes of this section, an investigation is concluded when: A. A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter 4 has been issued; [PL 2025, c. 339, §3 (NEW).] B. A consent agreement has been executed; [PL 2025, c. 339, §3 (NEW).] C. A letter of dismissal has been issued; or [PL 2025, c. 339, §3 (NEW).] D. The investigation has otherwise been closed. [PL 2025, c. 339, §3 (NEW).] [PL 2025, c. 339, §3 (NEW).]

2. Exceptions. Notwithstanding subsection 1, during the pendency of an investigation, the identity of a complainant or the investigative record may be disclosed: A. To department employees designated by the commissioner to facilitate the investigation; and [PL 2025, c. 339, §3 (NEW).] B. To other state or federal agencies when disclosure is determined necessary by the commissioner to avoid imminent and serious harm. The commissioner may not delegate the commissioner's authority to determine the need for disclosure under this paragraph. [PL 2025, c. 339, §3 (NEW).] [PL 2025, c. 339, §3 (NEW).]
22 M.R.S. § 7252 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7252
22 §7252. Rulemaking
Status: in_force

The department may adopt rules necessary to implement the provisions of this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 657, Pt. AA, §71 (AMD).]
22 M.R.S. § 5117 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5117
22 §5117. Area organization
Status: in_force

An area agency designated under section 5116, subsection 1, paragraph B must be an established office of aging which is operating within an area designated pursuant to section 5116, subsection 1, paragraph A , or any public or nonprofit private agency in an area which is able to operate under grants authorized by this Act and which is able to engage in the planning or provision of a broad range of social services within such an area and must provide assurance, found adequate by the state agency, that it will have the ability to develop an area plan and to carry out, directly or through contractual or other arrangements, a program pursuant to the plan within the area. In designating an area agency, the state agency shall give preference to an established office on aging, unless the state agency finds that no such office within the area will have the capacity to carry out the area plan. [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 4036-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4036-A
22 §4036-A. Criminal penalty
Status: in_force

1. Definition. For purposes of this section, "order" means an order entered in a case filed pursuant to this chapter. [PL 1993, c. 443, §2 (NEW).]

2. Crime committed. When disposition under section 4036 includes a provision that a party named in a petition not have contact with a child or children named in the petition or a provision that a party named in the petition not enter the residence of a child or children named in the petition, and the party has prior actual notice of the order containing those provisions, violation of that provision is a Class D crime. The criminal sanctions in this subsection are in addition to and not in lieu of contempt powers of the court. [PL 1993, c. 443, §2 (NEW).]

3. Warrantless arrest. Notwithstanding any statutory provision to the contrary, an arrest for criminal violation of an order may be without warrant upon probable cause whether or not the violation is committed in the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of an order by telephone or radio communication with an agency with knowledge of the order. [PL 1993, c. 443, §2 (NEW).]
22 M.R.S. § 2493 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2493
22 §2493. Applicant
Status: in_force

Any person, corporation, firm or copartnership desiring a license shall submit satisfactory evidence of the person's, corporation's, firm's or copartnership's ability to comply with the minimum standards of this chapter and all rules adopted thereunder. [RR 2021, c. 2, Pt. B, §127 (COR).]
22 M.R.S. § 2659 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2659
22 §2659. Rules
Status: in_force

The Department shall promulgate such rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II , as it deems necessary to carry out the purposes of this subchapter, including, but not limited to, rules regarding the time and manner in which municipalities shall establish public water system zones. [PL 1983, c. 463, §4 (NEW).]
22 M.R.S. § 777 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 777
22 §777. Use of listed facilities
Status: in_force

Any person who is required to register under section 774 or 775 shall use only authorized radon testing devices and shall have these devices analyzed by a listed facility. When disclosing test results, any person registered under section 774 or 775 shall provide in writing the name and address of the listed facility that performed the analysis. [RR 1991, c. 2, §74 (COR).]
22 M.R.S. § 1812-L — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-L
22 §1812-L. Performance of certain tasks by physicians and others
Status: in_force

1. Performance of certain tasks for residents receiving skilled nursing facility services. For a nursing facility resident receiving skilled nursing facility level services: A. The initial comprehensive visit through which a plan of care is developed for the resident and every alternate required visit thereafter must be performed by a physician; [PL 2017, c. 145, §1 (NEW).] B. The alternate required visits may be performed by a physician associate, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice if delegated by a physician; [PL 2017, c. 145, §1 (NEW); PL 2025, c. 316, §3 (REV).] C. Medically necessary visits may be performed by a physician associate, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice if delegated by a physician; and [PL 2017, c. 145, §1 (NEW); PL 2025, c. 316, §3 (REV).] D. Certifications and recertifications to verify that the resident requires daily skilled nursing care or rehabilitation services may be performed by a physician associate, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice and who is not employed by the facility and who is working in collaboration with a physician. [PL 2017, c. 145, §1 (NEW); PL 2025, c. 316, §3 (REV).] [PL 2017, c. 145, §1 (NEW); PL 2025, c. 316, §3 (REV).]

2. Performance of certain tasks for residents receiving nursing facility services. For a nursing facility resident receiving nursing facility level services, a physician associate, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice and who is not employed by the facility and who is working in collaboration with a physician may perform any physician task, including but not limited to: A. The resident's initial comprehensive visit; [PL 2017, c. 145, §1 (NEW).] B. Any other required visit; and [PL 2017, c. 145, §1 (NEW).] C. Any medically necessary visit. [PL 2017, c. 145, §1 (NEW).] [PL 2017, c. 145, §1 (NEW); PL 2025, c. 316, §3 (REV).]
22 M.R.S. § 2606 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2606
22 §2606. Emergency planning
Status: in_force

The department shall develop plans, with the advice and assistance of the Bureau of Emergency Preparedness and of the public water systems of the State, for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. Such plans shall include potential sources of contaminants and situations or conditions that could place them in the sources of public drinking water, techniques and methods to be used by public water systems to reduce or eliminate the dangers to public health caused thereby, methods and times for analysis or testing during such emergency conditions or situations, alternate sources of water available to public water systems and methods of supplying drinking water to consumers if a public water system cannot supply such water. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 1341 — ME Code / Title 22 / Subtitle 2 / Chapter 252-A / Section 1341
22 §1341. Hypodermic apparatus exchange programs
Status: in_force

1. Certification of programs. The Maine Center for Disease Control and Prevention may certify hypodermic apparatus exchange programs that meet the requirements established by rule under subsection 2, paragraphs A to D . A. The Maine Center for Disease Control and Prevention may limit the number of hypodermic apparatuses provided by the certified hypodermic apparatus exchange programs to participants. [PL 2021, c. 545, §1 (AMD).] B. The Maine Center for Disease Control and Prevention may not limit the number of hypodermic apparatuses that participants served by the programs may legally possess, transport or exchange. [PL 2007, c. 346, Pt. A, §1 (NEW).] [PL 2021, c. 545, §1 (AMD).]

2. Rules. The Maine Center for Disease Control and Prevention shall adopt rules pursuant to the Maine Administrative Procedure Act establishing requirements for hypodermic apparatus exchange programs and for program certification requirements. The rules must include but are not limited to: A. Procedures for the safe disposal of hypodermic apparatuses; [PL 1997, c. 340, §3 (NEW).] B. Tracking the number of hypodermic apparatuses distributed and collected; [PL 2007, c. 346, Pt. A, §1 (AMD).] C. Substance use disorder prevention and treatment education; [PL 2017, c. 407, Pt. A, §69 (AMD).] D. Distribution of educational material regarding the dangers associated with the use of used hypodermic apparatuses; [PL 2015, c. 507, §1 (AMD).] E. Application procedures for a certified hypodermic apparatus exchange program to apply for funds to operate the program including the purchase and disposal of hypodermic needles; [PL 2015, c. 507, §1 (NEW).] F. Criteria for the award of funds to certified hypodermic apparatus exchange programs; [PL 2015, c. 507, §1 (NEW).] G. Oversight of certified hypodermic apparatus exchange programs; [PL 2015, c. 507, §1 (NEW).] H. Renewal every 5 years of department certification of hypodermic apparatus exchange programs; [PL 2015, c. 507, §1 (NEW).] I. Complaint investigation procedures; and [PL 2015, c. 507, §1 (NEW).] J. Criteria for decertification of hypodermic apparatus exchange programs. [PL 2015, c. 507, §1 (NEW).] Rules adopted or amended pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 407, Pt. A, §69 (AMD).]

3. Reports. The Maine Center for Disease Control and Prevention shall report to the joint standing committees of the Legislature having jurisdiction over judiciary matters and health and human services matters by January 15, 1999 and annually thereafter on hypodermic apparatus exchange programs certified under this section. The report must include but is not limited to: the number, location and operators of hypodermic apparatus exchange programs; data on hypodermic apparatuses distributed and collected; and the number of persons served by the programs. [PL 2007, c. 346, Pt. A, §1 (AMD).]

4. Funding. This subsection governs the use of state funds for hypodermic apparatus exchange programs certified pursuant to this section. This subsection is not intended to limit the ability of certified programs to secure other sources of funding or to discourage fund-raising for the purpose of operating such programs. The Maine Center for Disease Control and Prevention shall allocate any funds appropriated for hypodermic apparatus exchange programs among new and existing certified programs based on rates of intravenous drug use and negative health outcomes related to drug use in the geographic area surrounding a program; if applicable, the amount of services historically provided by the certified program; and other relevant factors. The award of funds must occur not later than 60 days after the effective date of this subsection and annually thereafter based on the availability of funding. [PL 2015, c. 507, §2 (NEW).]

5. Authorized service models. A certified hypodermic apparatus exchange program may: A. Operate mobile sites within the municipality where the program is certified, including rotating locations, variable schedules or temporary setups, as long as the program ensures the safe collection and disposal of hypodermic apparatuses and operates within parameters preapproved by the Maine Center for Disease Control and Prevention. For the purposes of this paragraph, "parameters" means a set of general operating conditions, such as geographic zones, time frames or site types, that allows certified hypodermic apparatus exchange programs to operate flexibly within those defined boundaries, rather than being limited to fixed locations; and [PL 2025, c. 408, §1 (NEW).] B. Provide delivery services of hypodermic apparatuses within the program's service area, as long as the delivery ensures client confidentiality, safe handling and proper disposal. The program may deliver only to locations where it has been expressly invited by an individual or entity with legal authority to authorize access to that location. [PL 2025, c. 408, §1 (NEW).] Expansion of sites under this subsection does not entitle a certified hypodermic apparatus exchange program to additional funds under an existing contract with the Maine Center for Disease Control and Prevention. [PL 2025, c. 408, §1 (NEW).]
22 M.R.S. § 2631 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2631
22 §2631. Violations
Status: in_force

1. Violation. Any person violating any provision of this subchapter or the rules and regulations adopted under this subchapter, commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Each day of operation in violation of this subchapter or any rules and regulations adopted under this subchapter shall constitute a separate violation. [PL 1979, c. 178, §4 (NEW).]

2. Injunctive relief. The commissioner may commence or cause to be instituted a civil action in the Superior Court under subsection 1 , to seek injunctive relief to prevent the violation of this subchapter, to prevent the violation of any rule or regulation issued pursuant to this subchapter or to require a public water system or supplier of water to take other action necessary to comply with this subchapter, with or without a prior order from the commissioner or department. [PL 1979, c. 178, §4 (NEW).]

In addition to the county in which the principal place of business of the supplier of water is located, the action may be instituted in the Superior Court of Kennebec County. [PL 1979, c. 178, §4 (RPR).]
22 M.R.S. § 3820 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3820
22 §3820. Failure to honor
Status: in_force

An employer or other payor of income who knowingly fails to honor an income withholding order or assignment of earnings is liable to the department for the amount of income not withheld or the amount of income withheld and not sent to the department, as applicable. A court may award the department costs, interest and attorney's fees in an action brought under this section. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 333-A — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 333-A
22 §333-A. Procedures for allowing reallocation of nursing facility capacity
Status: reserved

1. Nursing facility MaineCare funding pool. Except as set forth in subsection 3‑A and section 334‑A , savings to the MaineCare program as a result of delicensing of nursing facility beds on or after July 1, 2005, including savings from lapsed beds but excluding savings from reserved beds, must be credited to the nursing facility MaineCare funding pool, which must be maintained by the department to provide for the development of new beds or other improvements requiring a certificate of need. For those nursing facility projects that propose to add new nursing facility beds to the inventory of beds within the State, the balance of the nursing facility MaineCare funding pool, as adjusted to reflect current costs consistent with the rules and statutes governing reimbursement of nursing facilities, serves as a limit on the MaineCare share of all incremental 3rd-year operating costs of such projects unless such projects are approved under applicable provisions of section 334‑A . Nursing facility projects that do not add new nursing facility beds to the inventory of beds within the State are not subject to the nursing facility MaineCare funding pool. [PL 2011, c. 424, Pt. B, §5 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

2. Procedure. The balance of the nursing facility MaineCare funding pool must be used for development of additional nursing facility beds in areas of the State where additional beds are needed to meet the community need. The department must assess needs throughout the State and issue requests for proposals for the development of additional beds in areas where need has been identified by the department, except in the event of an emergency, when the department may use a sole source process. Proposals must be evaluated based on consideration of quality of care and cost, and preference must be given to existing nursing facilities in the identified need area that may increase licensed capacity by adding on to or renovating the existing facility. [PL 2011, c. 424, Pt. B, §6 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

3. Emergencies and necessary renovations. [PL 2011, c. 424, Pt. B, §7 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).]

3-A. Transfers between nursing facility and residential care facility. A nursing facility may delicense and sell or transfer beds to a residential care facility for the purpose of permitting the residential care facility to add MaineCare-funded beds to meet identified needs for such beds. Such a transfer does not require a certificate of need but is subject to prior approval of the department on an expedited basis. The divisions within the department that are responsible for licensing and MaineCare reimbursement for nursing facilities and residential care facilities shall work cooperatively to review and consider whether to approve such transfers on an expedited basis. When the average then current occupancy rate for existing state-funded residential care beds within 30 miles of the applicant facility is 80% or less, the department in its review under section 335 shall evaluate the impact that the proposed additional state-funded residential care beds would have on these existing state-funded residential care beds and facilities. Beds and MaineCare resources transferred pursuant to this subsection are not subject to the nursing facility MaineCare funding pool. In order for the department to approve delicensing, selling or transferring under this subsection, the department must determine that any increased MaineCare residential care costs associated with the converted beds are fully offset by reductions in the MaineCare costs from the reduction in MaineCare nursing facility costs associated with the converted beds. [PL 2011, c. 648, §4 (AMD).]

4. Rulemaking. The department may establish 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 2007, c. 681, §6 (AMD).]
22 M.R.S. § 3873 — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3873
22 §3873. Authorization for expenditure of funds
Status: in_force

The department and other state agencies shall, from funds authorized to the department and state agencies, make grants to, or purchase services from, the child abuse and neglect prevention councils or fiscal agents to further the purposes of this chapter. [PL 2009, c. 204, §6 (AMD).]

1. Funding authorized. Grants or funds must be made on a competitive basis and allocated to child abuse and neglect prevention councils according to rules adopted or amended by the commissioner. Grants or funds in excess of $15,000 must be made on a one-to-one matching basis with contributions from the community. Community contributions may be donations of cash or may be in-kind contributions, as determined by departmental rule. [PL 2009, c. 204, §6 (AMD).]

2. Distribution of funds. Grants or funds must be awarded or allocated to support existing child abuse and neglect prevention councils and to assist the establishment of new child abuse and neglect prevention councils. It is the intent of this chapter to support a statewide network of child abuse and neglect prevention councils in each county as resources permit. Nothing in this chapter requires the department to fully fund the activities of any child abuse and neglect prevention council. [PL 2009, c. 204, §6 (AMD).]

3. Consultation with Maine Child Abuse Prevention Councils. The Maine Child Abuse Prevention Councils, in conjunction with the department, shall develop a plan, updated annually, establishing a statewide strategy for child abuse and neglect prevention in local counties and communities. Grants or allocated funds must be awarded in accordance with the goals and strategies set out in the plan. [PL 2009, c. 204, §6 (AMD).]
22 M.R.S. § 2607 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2607
22 §2607. Approved laboratories
Status: in_force

The department shall approve the facilities, techniques, testing methods and training of personnel of any laboratories that analyze water samples to determine compliance with State Primary Drinking Water Regulations. Such approval shall be based on the capability of the laboratory to accurately and reliably analyze samples to determine their contaminant levels under the State Primary Drinking Water Regulations, and may be limited to approval of only certain tests or contaminant level determinations. Any sample analysis performed by a laboratory not approved by the department shall not be considered in determining the compliance of a public water system with the State Primary Drinking Water Regulations. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 2000 — ME Code / Title 22 / Subtitle 2 / Chapter 409 / Section 2000
22 §2000. Definition of "child"
Status: in_force

For the purposes of this chapter, the word "child" means any person who has not attained the age of 22 years. [PL 2001, c. 574, §12 (AMD).]
22 M.R.S. § 2069 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2069
22 §2069. Annual reports
Status: in_force

Within 4 months after the close of each fiscal year of the authority, the executive director of the authority shall prepare and submit a complete financial report to the Governor and to the Legislature, duly audited and certified by the auditor of accounts of the operations and activities of the authority during the preceding fiscal year to be distributed in the same way as state departmental reports. Within 5 months after the close of the authority's fiscal year, the executive director shall prepare and submit to the Legislature a detailed report on the activities of the authority during the preceding fiscal year. The report must contain information concerning the authority's financial and operational activities, including, but not limited to, resolutions, projects, grants, mortgages and loans. The report also must address continuing and potential problems with finances, operations and projects. [PL 1999, c. 122, §1 (AMD).]
22 M.R.S. § 5102 — ME Code / Title 22 / Subtitle 4 / Chapter 1451 / Section 5102
22 §5102. Declaration of a people
Status: in_force

This declaration of a people shall serve as a credo of the elderly offering a philosophy that serves as a general state of policy and basic tenets to guide the administration and implementation of this Act. The declaration of a people: [PL 1973, c. 630, §1 (NEW).]

We older Americans place great emphasis on leading a life of value to our nation, states, communities, friends, families and to ourselves. America's elderly want to and are able to contribute to the good of our fellow human beings, even if such contribution lies outside the traditional realms of employment and productivity. We want to help improve the quality of life of each citizen of the United States regardless of the citizen's age. Our personal experiences, knowledge and skills are our qualifications. We are a strong, vital segment of society. We possess the power of a people. [RR 2021, c. 2, Pt. B, §203 (COR).]

We older Americans believe that attaining the status of senior citizen is merely beginning another stage in the life of each person and is not a signal to withdraw from life. Each person ages from birth to death. We are all aging. [RR 2021, c. 2, Pt. B, §204 (COR).]

While our particular page in the history of humankind is the choice of our Creator, it is our place in history which surrounds us with the consequences of American society. Aging people have been transformed by the events of American society. America's elderly now gain sustenance and meet social needs outside our homes, and have no family under our roof. Once we were dependent on our family, now we are dependent on impersonal organizations, systems and our society as a whole. America's exiling of us as the unwanted generation is its loss -- its economic, its human, its moral, its spiritual loss. [RR 2021, c. 2, Pt. B, §205 (COR).]

We do not want to be taken from the mainstream of life, away from the everyday activities of society, and put on the shelf. We do not want a dole, but rather help in our times of crisis. We wish to live with minimum dependence on other people and government. [PL 1973, c. 630, §1 (NEW).]

To achieve this credo, we older Americans believe the United States must provide us a full and equal opportunity for meeting sustenance and social needs -- the same opportunity that is enjoyed by our fellow citizens. To continue fulfilling our role in history, to continue helping our fellow human beings and to enrich our society; the elderly must be provided an opportunity to attain the basic essentials of life. [PL 1973, c. 630, §1 (NEW).]

To achieve this credo, we believe older Americans must plan, establish, direct and operate our own programs and services. We also believe we must participate in the administration and operation of programs conducted by others for our benefit. Through our programs, we intend to bring benefits not just to ourselves, but to all generations in fulfillment of our personal responsibility to help improve the quality of life of all human beings. [PL 1973, c. 630, §1 (NEW).]

To assist us, our families -- children, siblings, children of siblings -- must care about us. Is it too much to seek, that the people to whom we devoted ourselves, devote themselves to us? [RR 2021, c. 2, Pt. B, §206 (COR).]

To assist us, the government of the United States of America and each State of the Union must conduct programs which are mutually acceptable to us. The programs must be fostered by units on aging located at the highest echelons of government and charged with ultimate line authority and responsibility for any government program serving the elderly. [PL 1973, c. 630, §1 (NEW).]

Government should not do all for the elderly, but rather challenge and help citizens to grasp their personal responsibilities. Government should not be the sole keeper of America's elderly, but rather a help in times of crisis. Programs must help us care for ourselves. They must encourage all people, especially our families to care about us. Programs must provide a strong advocacy of America's elderly, unencumbered by the restrictions of partisan politics and the pressures of special interests, except those interests inherent to this credo of the elderly. [PL 1973, c. 630, §1 (NEW).]

Programs we operate must be distinct and clearly identified as intended to benefit older people, or be identified as the elderly's way of helping humankind. Government programs benefiting America's elderly must be distinct and visibly separate from other government services. This distinctness must be maintained in legislation, sources of funds and generally in operation of programs and services. We believe our policy provides that programs serving older people may be integrated with programs serving broader populations in those instances where gross duplication of identical programs would otherwise result. We also believe that programs with features specifically needed by older people must not be integrated with programs serving broader populations -- even though the programs may be similar -- except where it is conclusively demonstrated that such specific features will be retained or that greater benefits will accrue to the elderly from the integration of programs. [RR 2021, c. 2, Pt. B, §207 (COR).]

First, older people must receive income adequate to obtain the basic essentials of life from the market place, like our fellow Americans; rather than be given income supplement programs, such as food stamps, Old Age Assistance, subsidized housing and property tax relief. Secondly, the elderly with a time of crisis because of age, physical condition or social status must be assisted by appropriations providing services directly to them, such as homemakers, meals on wheels, home health care and nursing homes. [PL 1973, c. 630, §1 (NEW).]

AMERICA MUST CONSIDER AND DECIDE HOW TO ACHIEVE PURPOSEFUL, PRIMARY GOALS TO GIVE PEOPLE WHO ARE AGING THE OPPORTUNITY OF RETURNING TO A FULLER EXISTENCE OR AMERICA SHALL CONTINUE TO RELEGATE PEOPLE WHO ARE AGING TO THE BACK DOOR STOOP OF HISTORY WHERE WE WILL SLIDE INVISIBLY AND UNNOTICED INTO EXTINCTION. THE LAST CHOICE IS NOT ACCEPTABLE. [RR 2021, c. 2, Pt. B, §208 (COR).]

Responsibility for achieving this credo rests on the shoulders of all Americans, but especially our own. We shall attain a life of greater value if each American accepts personal responsibility for our fellow human beings. We shall reestablish our role in society by operating services to help all generations. We shall resurrect our independence by redirecting the country's resources. [RR 2021, c. 2, Pt. B, §209 (COR).]

We shall express the status of our survival to all Americans. We shall carry our call to all the sources of help, to all the seats of power. We shall wield our power as a people. Through our own groups, we shall shatter the bondage of our geriatric shackles. [PL 1973, c. 630, §1 (NEW).]

As older Americans, we grasp the gauntlet of this credo. We pledge ourselves to it. We shall achieve it. We accept the credo's challenge, not with the intent of personal gain, but rather remembering that, what we achieve today will benefit those who follow, for we will soon be gone. [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 1407 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1407
22 §1407. Comprehensive cancer prevention, research and treatment
Status: in_force

1. Program established. The Bureau of Health shall establish a cancer prevention and control program to provide leadership for and coordination of cancer prevention, research and treatment activities. The program may include, but is not limited to: A. Monitoring cancer prevalence at the state and community levels through the cancer-incidence registry under section 1404 and other means; [PL 2003, c. 215, §1 (NEW).] B. Education and training of health professionals on the current methods of diagnosing and treating cancer; [PL 2003, c. 215, §1 (NEW).] C. Patient and family education on how to manage the disease and the treatment of the disease; [PL 2007, c. 341, §1 (AMD).] D. Consultation with and support of community-based cancer prevention, research and treatment programs ; and [PL 2007, c. 341, §1 (AMD).] E. Implementation of a comprehensive cancer screening, detection and prevention program. [PL 2007, c. 341, §1 (NEW).] [PL 2007, c. 341, §1 (AMD).]

2. Consultation. In implementing the program established in subsection 1 , the Bureau of Health shall consult with the Medicaid program administered by the department and with the Department of Education. In addition, the bureau shall seek advice from other organizations and private entities concerned with cancer prevention, research and treatment. [PL 2003, c. 215, §1 (NEW).]

3. Funding. The Bureau of Health may accept federal funds and grants for implementing the program established in subsection 1 and may contract for work with outside vendors or individuals. [PL 2003, c. 215, §1 (NEW).]

4. Comprehensive Cancer Screening, Detection and Prevention Fund; funding. [PL 2017, c. 284, Pt. BBBB, §1 (RP).]

5. Rulemaking. The Bureau of Health shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 341, §1 (NEW).]
22 M.R.S. § 1714-D — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1714-D
22 §1714-D. Critical access hospital reimbursement
Status: in_force

From April 1, 2012 to December 31, 2024, the department shall reimburse licensed critical access hospitals at 109% of MaineCare allowable costs for both inpatient and outpatient services provided to patients covered by the MaineCare program. Beginning January 1, 2025, the department shall reimburse licensed critical access hospitals at 104.5% of MaineCare allowable costs for both inpatient and outpatient services provided to patients covered by the MaineCare program. [PL 2023, c. 643, Pt. LL, §2 (AMD); PL 2023, c. 643, Pt. LL, §3 (AFF).] Revisor's Note: §1714-D. Credible allegations of fraud; provider payment suspensions (As enacted by PL 2011, c. 687, §9 is REALLOCATED TO TITLE 22, SECTION 1714-E)
22 M.R.S. § 7264 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7264
22 §7264. Technology and security - Article 4
Status: in_force

1. Security requirements. The commission shall establish security requirements through rules for the transmission of prescription data. [PL 2011, c. 217, §1 (NEW).]

2. Open standards for technology infrastructure. The commission shall foster the adoption of open standards for the technology infrastructure that are vendor-neutral and technology-neutral. [PL 2011, c. 217, §1 (NEW).]

3. Acquisition and operation of technology infrastructure. The commission is responsible for acquisition and operation of the technology infrastructure. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 1551-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1551-A
22 §1551-A. Retail tobacco sales license required
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL 1/05/26) Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, to sell, keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

1. (TEXT EFFECTIVE 1/05/26) Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales to sell, keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter. The department may not issue a license under this chapter that permits the retail sale of tobacco products through vending machines. [PL 2025, c. 367, §4 (AMD); PL 2025, c. 367, §20 (AFF).]

2. Violation; penalty. Penalties for violation of subchapters I and II are in accordance with those subchapters. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

3. Enforcement. The department shall enforce this chapter in cooperation with all law enforcement officers. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

4. Publish laws and rules. Every 4 years the department shall publish a compilation of laws and rules concerning retail tobacco sales. A. The department shall supply a copy of the compilation of laws and rules to every new tobacco retail sales licensee at no charge. The department may charge a reasonable fee for that compilation to cover the cost of producing the compilation to persons other than licensees. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. The department shall notify all licensees of changes in the tobacco laws and rules within 90 days of adjournment of each regular session of the Legislature. (1) The department shall supply a copy of the new laws and rules at no charge when requested by licensees. (2) The department shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

5. Report. [PL 2011, c. 657, Pt. AA, §59 (RP).]

6. (TEXT EFFECTIVE 4/01/26) Pharmacies and retail establishments with a pharmacy ineligible for retail tobacco license; civil penalty; transfer of funds. This subsection governs pharmacies and retail establishments containing a pharmacy. A. A pharmacy is ineligible for a retail tobacco license. A pharmacy that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, and sells, keeps for sale or gives away in the course of trade any tobacco products to anyone commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a pharmacy is in violation of this paragraph constitutes a separate offense. [PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).] B. A retail establishment containing a pharmacy is ineligible for a retail tobacco license. A retail establishment containing a pharmacy that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, and sells, keeps for sale or gives away in the course of trade any tobacco products to anyone commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a retail establishment containing a pharmacy is in violation of this paragraph constitutes a separate offense. [PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).] [PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).]
22-A M.R.S. § 209 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 209
22-A §209. Municipal grants
Status: in_force

The department is authorized to make grants to cities and towns within the State, or to nonprofit corporations organized for purposes related to public health or welfare, out of federal funds when such grants are permitted by the terms under which the federal funds are available. Such grants must be made in conformity with applicable federal requirements and standards and with appropriate state accounting requirements and in accordance with regulations of the department. [PL 2007, c. 539, Pt. N, §48 (NEW).]
22 M.R.S. § 7949 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7949
22 §7949. No limitation on right of action
Status: in_force

The remedies provided under section 7948 are in addition to those otherwise available under state or federal law and may not be construed as limiting any other remedies including any remedy available to an individual at common law. Exhaustion of any available administrative remedy is not required prior to commencement of an action under this section. [PL 1991, c. 637, §2 (NEW).]
22 M.R.S. § 3174-BBB — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-BBB
22 §3174-BBB. Coverage for parents participating in rehabilitation and reunification efforts (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See PL 2019, c. 130, §5)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2019, c. 130, §5)

Notwithstanding any other provision of law to the contrary, a parent receiving benefits under this chapter as a parent of one or more dependent minor children who have been removed from the home of that parent pursuant to section 4036‑B continues to be eligible for benefits under this chapter until either the department discontinues rehabilitation and reunification efforts pursuant to section 4041 or parental rights have been terminated pursuant to section 4055 , whichever occurs first. 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 2‑A . [PL 2019, c. 130, §1 (NEW); PL 2019, c. 130, §5 (AFF).]

Beginning January 1, 2021, the department shall provide annually by January 1st to the joint standing committee of the Legislature having jurisdiction over health and human services matters a report on the number of individuals and families who continue MaineCare coverage pursuant to the requirements of this section. [PL 2019, c. 130, §1 (NEW); PL 2019, c. 130, §5 (AFF).]

Revisor's Note: §3174-BBB. Coverage for conversion therapy as enacted by PL 2019, c. 165, §3 is REALLOCATED TO TITLE 22, SECTION 3174-DDD
22 M.R.S. § 1471-X — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-X
22 §1471-X. State policy; public and private initiatives to minimize reliance on pesticides
Status: in_force

It is the policy of the State to work to find ways to use the minimum amount of pesticides needed to effectively control targeted pests in all areas of application. The agencies of the State involved in the regulation or use of pesticides shall promote the principles and the implementation of integrated pest management and other science-based technology to minimize reliance on pesticides while recognizing that outbreaks of disease, insects and other pests will necessitate fluctuations in pesticide use. These agencies, in cooperation with private interest groups, shall work to educate pesticide users and the general public in the proper use of pesticides and to determine other actions needed to accomplish the state policy. [PL 1997, c. 389, §2 (NEW).]
22 M.R.S. § 2655 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2655
22 §2655. Petitions in multiple community water districts
Status: in_force

Petitions for an election shall be governed by the following provisions. [PL 1983, c. 463, §4 (NEW).]

1. Circulation. Any time the issue of whether to fluoridate a public water supply is submitted to the voters in multiple community water districts pursuant to petition, the petition or petitions shall be circulated and signed in the manner prescribed by Title 30‑A, section 2503, subsection 3, paragraph B , subparagraphs (2) and (3), and shall be dated and gathered within the time frame prescribed by the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2. [PL 1987, c. 737, Pt. C, §§65, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §8, 10 (AMD).]

2. Forms; instructions. On request of a voter, the Secretary of State shall furnish petition forms to that voter within 10 days of the request. The Secretary of State may charge a reasonable fee for the petitions. If a voter, at the voter's own expense, wishes to print and furnish the forms rather than have the forms printed and furnished by the Secretary of State, the voter may do so as long as these petition blanks are first approved by the Secretary of State as to form and content. The Secretary of State has 10 days in which to approve the forms. If the forms are found to be unsatisfactory, the Secretary of State shall indicate the manner in which the forms are deficient. Corrected petition forms may be submitted in accordance with the terms in this paragraph. The Secretary of State shall prepare complete instructions to advise the signers, circulators, registered petitioners, municipal clerks and election officials as to any statutory and constitutional requirements. The instructions must specify the conditions which have been held to invalidate either individual signatures or complete petitions. The instructions must be printed in bold type or capital letters on the petition. [RR 2021, c. 2, Pt. B, §131 (COR).]

3. Signing; filing. Petitions may be signed and filed as follows. In multiservice municipalities, petitions may be signed by any registered voter residing within the affected public water system zone of the municipality. All such petitions shall be filed with the appropriate municipality at least 120 days before the next general election. In each municipality in which petitions are filed, the petition or petitions shall be accompanied with the name and address of at least one, but not more than 5, registered voters who shall be the registered petitioners for the purpose of subsection 4 . The registered petitioners must reside in the multiple community water district, but need not reside in the municipality in which a petition is filed. A. [PL 1987, c. 122, §6 (RP).] B. [PL 1987, c. 122, §6 (RP).] [PL 1987, c. 122, §6 (RPR).]

4. Certification. Within 20 days after a petition is filed, the municipal clerk shall complete a certificate which states the number of valid signatures on the petition and identifies the relevant multiple community water district or districts involved. The certificate shall be sent by registered mail to the registered petitioners, who shall be responsible for transmitting them to the Secretary of State. The Secretary of State shall total the number of valid signatures as certified by the municipal clerk. As soon as the total number of certified valid signatures is found to be equal to at least 10% of the total number of votes cast for Governor at the last gubernatorial election in all municipalities which are wholly or partially within the multiple community water district, the Secretary of State shall certify that fact to each municipality which is wholly or partially in the multiple community water district within 48 hours. [PL 1983, c. 463, §4 (NEW).]
22 M.R.S. § 806 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 806
22 §806. Exclusion from school
Status: in_force

1. Dismissal. In the event of an actual or threatened outbreak of a communicable disease or other public health threat, the department may order that any person attending or working in a school or day care facility be excluded until the department determines that a public health threat no longer exists. [PL 2005, c. 383, §10 (AMD).]

2. Exclusion. The department may exclude any infected person from attending or working in a school or day care facility if that infected person poses a public health threat. An individual excluded pursuant to this subsection shall be permitted to return to the school or day care facility after the department, in consultation with the physician responsible for the individual's care, determines that return is permissible and will not pose a threat to the public health. The department shall notify the superintendent or day care facility administrator of that determination. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 8716 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8716
22 §8716. Health care improvement studies (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)

The board may approve the disclosure of protected health information to persons conducting health care improvement studies, subject to the following conditions. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

1. Disclosure to study entities. For health care improvement studies, regarding health care utilization, improvement, cost or quality and involving patients with whom the study entity has a treatment or payor relationship, whether the study is funded by the Federal Government or the State Government or private persons, the organization may disclose protected health information to a study entity who is a covered entity or to the covered entity's business associates if those persons conducting the study do not disclose protected health information to any person not directly involved in the study without consent from the subject of the protected health information. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

2. Recipients of information. A person receiving protected health information under subsection 1 may use that information only to the minimum extent necessary to accomplish the purposes of the study for which approval was granted and for no other purpose. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

3. Confidentiality; protocol. The protocol for any study entity receiving protected health information under subsection 1 must be designed to preserve the confidentiality of all health care information that can be associated with identified patients, to specify the manner in which contact is made with patients and to maintain public confidence in the protection of confidential information. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

4. Additional protection. The board may not grant approval to a study entity under this section for the disclosure of protected health information if the board finds that the proposed identification of or contact with patients would violate any state or federal law or diminish the confidentiality of health care information or the public's confidence in the protection of that information in a manner that outweighs the expected benefit to the public of the proposed investigation. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]

5. Data use agreement. Prior to disclosing any data pursuant to subsection 1 , the organization shall enter into a data use agreement with a study entity. The agreement must include protocols that have been approved by the board for safeguarding confidential information and for ensuring there will be no disclosures of protected health information. The protocols must include appropriate accountability and notification requirements as in business associate agreements under HIPAA. [PL 2013, c. 528, §10 (NEW); PL 2013, c. 528, §12 (AFF).]
22 M.R.S. § 3274-A — ME Code / Title 22 / Subtitle 3 / Chapter 855-C / Section 3274-A
22 §3274-A. Personal needs of nursing home residents
Status: in_force

In administering this chapter, the department shall ensure that eligible individuals residing in nursing homes, as defined in section 1812‑A , shall have at least $30 a month for personal needs. [PL 1979, c. 563, §4 (NEW).]
22 M.R.S. § 3181 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3181
22 §3181. Appeals
Status: in_force

1. A person who is denied aid, or who is not satisfied with the amount of aid allotted to the person, or is aggrieved by a decision of the department made under this chapter, or whose application is not acted upon with reasonable promptness, has the right of appeal to the commissioner, who shall provide the appellant with reasonable notice and opportunity for a fair hearing. The commissioner or a member of the department designated and authorized by the commissioner shall hear all evidence pertinent to the matter at issue and render a decision thereon within a reasonable period after the date of the hearing. The hearing must conform to the procedures detailed herein. Review of any action or failure to act under this chapter must be pursuant to Title 5, chapter 375, subchapter 7 . [RR 2021, c. 2, Pt. B, §162 (COR).]

2. Any action relative to the grant, denial, reduction, suspension or termination of aid provided under this chapter must be communicated to the applicant or recipient in writing and shall include the specific reason or reasons for such action and shall state that the person affected has a right to a hearing. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 3174-O — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-O
22 §3174-O. Establish rules
Status: in_force

The department shall establish rules recognizing the Medicaid hospital assessment as a reimbursable cost to providers participating in the State's medical assistance program. [PL 1995, c. 368, Pt. W, §5 (NEW).]
22 M.R.S. § 687 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 687
22 §687. Administrative procedure and judicial review
Status: in_force

Administrative procedure and judicial review shall be in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 3185 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3185
22 §3185. Medical expenses for catastrophic illness
Status: in_force

The department shall cease accepting applications for assistance through the Catastrophic Medical Expense Fund on June 30, 1987. The Department of Health and Human Services shall continue to provide financial assistance to, or on behalf of, families or individuals residing in the State meeting eligibility requirements for the catastrophic illness program up to a period of one year after June 30, 1987. [PL 1987, c. 349, Pt. H, §13 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).]

Any balance of funds in the Catastrophic Medical Expense Fund account on June 30, 1987, shall not lapse and shall be utilized to provide financial assistance to, or on behalf of, families or individuals residing in this State meeting eligibility requirements for the catastrophic illness program on June 30, 1987. [PL 1987, c. 349, Pt. H, §13 (RPR).]
22 M.R.S. § 3789-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3789-A
22 §3789-A. Decision-making authority reserved to department
Status: reserved

If federal law requires the Department of Health and Human Services to make a case decision, the authority to make that final decision is reserved to the department. [PL 1989, c. 839, §13 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 8110 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8110
22 §8110. Criminal history record checks for employees of children's residential care facilities, emergency children's shelters, shelters for homeless children and transitional living programs
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal Bureau of Investigation" means the United States Department of Justice, Federal Bureau of Investigation. [PL 2019, c. 399, §1 (NEW).] B. "State Police" means the Department of Public Safety, Bureau of State Police. [PL 2019, c. 399, §1 (NEW).] [PL 2019, c. 399, §1 (NEW).]

2. Criminal history; information about criminal records and data obtained. The department shall obtain, in print or electronic format, criminal history record information containing a record of public criminal history record information as defined in Title 16, section 703, subsection 8 , from the Maine Criminal Justice Information System, established pursuant to Title 16, section 631 , and the Federal Bureau of Investigation, for any staff member of a children's residential care facility, an emergency children's shelter, a shelter for homeless children or a transitional living program in order to comply with the federal Family First Prevention Services Act. For purposes of this section, "staff member" means an individual who is employed by, or has applied for and may be offered employment at, a children's residential care facility, an emergency children's shelter or a shelter for homeless children or with a transitional living program, including a contract employee or self‑employed individual, whether or not the individual has direct contact with children. "Staff member" does not include a contractor performing maintenance or repairs at the children's residential care facility, emergency children's shelter or shelter for homeless children or for a transitional living program who does not have unsupervised access to children at the facility or shelter or in the transitional living program. [PL 2023, c. 39, §3 (AMD).]

3. Fingerprint-based criminal history obtained. A staff member shall consent to and have the staff member's fingerprints taken. The State Police shall take or cause to be taken the fingerprints of a staff member who has consented under this subsection and shall forward the fingerprints to the Department of Public Safety so that the Department of Public Safety may conduct a state and national criminal history record check on the person. The Department of Public Safety shall forward the results obtained to the department. The State Police shall assess a fee set annually by the Department of Public Safety to be paid by the children's residential care facility, emergency children's shelter, shelter for homeless children or transitional living program or the staff member for each criminal history record check required to be performed under this section. Except for the portion of the payment that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police under this subsection must be paid to the Treasurer of State, who shall apply the money to the expenses of administration of this section by the Department of Public Safety. [PL 2023, c. 39, §3 (AMD).]

4. Updates to information. The department may request a subsequent criminal history record check under subsection 3 on a staff member as the department determines appropriate, including continuous notifications of updated criminal history record information if a service providing notifications of updated criminal history record information becomes available. [PL 2019, c. 399, §1 (NEW).]

5. Confidentiality. Information obtained pursuant to this section is confidential and may not be disseminated for purposes other than as provided in subsections 6 and 7 . [PL 2019, c. 399, §1 (NEW).]

6. Use of information obtained. Criminal history record information obtained pursuant to this section may be used by the department for employment purposes to screen a staff member. The subject of any criminal history record check under subsection 3 may contest any negative decision made by the department based upon the information received pursuant to the criminal history record check. [PL 2019, c. 399, §1 (NEW).]

7. Person's access to information obtained. A person subject to a criminal history record check pursuant to subsection 3 must be notified each time a criminal history record check is performed on the person. A person subject to a criminal history record check under subsection 3 may inspect and review the criminal history record information pursuant to Title 16, section 709 and obtain federal information obtained pursuant to the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. [PL 2019, c. 399, §1 (NEW).]

8. Right of subject to remove fingerprints from record. Upon request from a person subject to a criminal history record check pursuant to subsection 3 , the Department of Public Safety shall remove the person's fingerprints from the Department of Public Safety's records and provide written confirmation of the removal to the person. [PL 2019, c. 399, §1 (NEW).]
22 M.R.S. § 2153-A — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2153-A
22 §2153-A. Confidentiality of certain information
Status: in_force

The following information is confidential and may not be disclosed to the public: [PL 2009, c. 393, §9 (NEW).]

1. United States Department of Agriculture, Food Safety and Inspection Service. Information provided to the department or to any employee of the department by the United States Department of Agriculture, Food Safety and Inspection Service pursuant to 9 Code of Federal Regulations, Section 390.9 (2008) to the extent that the regulations designate the information confidential, the information is otherwise identified pursuant to the regulations as confidential or the regulations require the information to be protected from public disclosure; and [PL 2009, c. 393, §9 (NEW).]

2. Food and Drug Administration. Information provided to the department or to any employee of the department by the United States Food and Drug Administration pursuant to 21 Code of Federal Regulations, Section 20.88 (2008) to the extent that the regulations designate the information confidential, the information is otherwise identified pursuant to the regulations as confidential or the regulations require the information to be protected from public disclosure. [PL 2009, c. 393, §9 (NEW).]
22 M.R.S. § 3734 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3734
22 §3734. Use of federal funds
Status: in_force

The department shall seek the advice of the council when applying or reapplying for federal funds under this chapter and when submitting state plans, amendments to state plans or waivers for federal approval. Whenever the department makes these submissions to the Federal Government, it shall notify the joint standing committee of the Legislature having jurisdiction over human resource matters and the Executive Director of the Legislative Council. [PL 1993, c. 158, §2 (NEW).]

The following additional provisions apply to certain federal child care funds, as indicated. [PL 1993, c. 158, §2 (NEW).]

1. Used to supplement state funds. Federal child care funds must be used to supplement and may not replace existing state and local child care funds. [PL 1993, c. 158, §2 (NEW).]

2. Block grant funds encumbered. Within 6 months of receiving any payment under the federal Child Care and Development Fund, the department shall expend or encumber 100% of the payment. [PL 1997, c. 530, Pt. A, §12 (AMD).]
22 M.R.S. § 771 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 771
22 §771. Short title
Status: in_force

This chapter may be known and cited as the "Radon Registration Act." [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 3028-C — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3028-C
22 §3028-C. Disposal of nonsubstantial fragments and fluids; disposal of substantial fragments
Status: in_force

1. Disposal of nonsubstantial body fragments and body fluids. Body fragments or body fluids retained for evidence, further study or documentation, or those that have been recovered after the body has been released from the custody of the medical examiner, may be disposed of according to the practices of the laboratory responsible for analysis, by the Office of Chief Medical Examiner or by the medical examiner or pathologist retaining those fragments or fluids, unless claimed in writing by the person responsible for burial. [PL 2017, c. 475, Pt. A, §37 (AMD).]

2. Disposal of substantial body fragments. The Chief Medical Examiner may dispose of substantial fragments of bodies that have been retained for evidence, further study or documentation or that have been recovered after the rest of the body has been finally released, in accordance with section 3028-A , unless claimed by the person responsible for burial. [PL 1985, c. 611, §8 (NEW).]
22 M.R.S. § 3174-BB — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-BB
22 §3174-BB. Enrollment periods
Status: in_force

The department shall establish enrollment periods for medical assistance as provided in this section. Prior to the end of the enrollment period, the department shall determine continuing eligibility for the next enrollment period and notify the enrollee of the determination. [PL 2001, c. 450, Pt. A, §4 (NEW).]

1. Children. In the Medicaid program and the Children's Health Insurance Program under section 3174‑T , the enrollment period for children under 19 years of age must be 12 months. [PL 2023, c. 597, §14 (AMD).]

2. Adults. In the Medicaid program, the enrollment period must be the longest period allowed by federal law or regulation but may not exceed 12 months. [PL 2001, c. 450, Pt. A, §4 (NEW).]
22 M.R.S. § 7302 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7302
22 §7302. Definitions
Status: in_force

As used in this subtitle, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 511, §1 (NEW).]

1. Adults with long-term care needs. "Adults with long-term care needs" means adults who have physical or mental limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently, or who are at risk of being, or who already have been, placed inappropriately in an institutional setting. [PL 1981, c. 511, §1 (NEW).]

1-A. Activities of daily living. "Activities of daily living" means activities as defined in federal and state rules including those essential to a person's daily living including: eating and drinking; bathing and hygiene; dressing, including putting on and removing prostheses and clothing; toileting, including toilet or bedpan use, ostomy or catheter care, clothing changes and cleaning related to toileting; locomotion or moving between locations within a room or other areas, including with the use of a walker or wheelchair; transfers or moving to and from a bed, chair, couch, wheelchair or standing position; and bed mobility or positioning a person's body while in bed, including turning from side to side. [PL 2009, c. 279, §3 (NEW).]

2. Agreement. "Agreement" means a contract, grant or other method of payment. [PL 1981, c. 511, §1 (NEW).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 1981, c. 511, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

3-A. Consumer. "Consumer" means a person eligible for services under this subtitle. [PL 2009, c. 279, §3 (NEW).]

3-B. Consumer assessment. "Consumer assessment" means an evaluation of the functional capacity of an individual to live independently given appropriate supports with activities of daily living and instrumental activities of daily living or through the provision of information about service options that are available to meet the individual's needs. [PL 2009, c. 279, §3 (NEW).]

4. Department. "Department" means the Department of Health and Human Services. [PL 1981, c. 511, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

5. In-home and community support services. "In-home and community support services" means health and social services and other assistance required to enable adults with long-term care needs to remain in their places of residence. These services include, but are not limited to, self-directed care services; medical and diagnostic services; professional nursing; physical, occupational and speech therapy; dietary and nutrition services; home health aide services; personal care assistance services; companion and attendant services; home repair and home maintenance, chore and homemaker services; respite care; hospice care; counseling services; transportation; small rent subsidies; various devices that lessen the effects of disabilities; and other appropriate and necessary social services. [PL 2023, c. 405, Pt. A, §77 (AMD).]

6. Institutional settings. "Institutional settings" means residential care facilities, licensed pursuant to chapter 1664 ; intermediate care and skilled nursing facilities and units and hospitals, licensed pursuant to chapter 405 ; and state institutions for individuals who have a mental illness or who have intellectual disabilities or autism or other related conditions. [PL 2011, c. 542, Pt. A, §46 (AMD).]

6-A. Instrumental activities of daily living. "Instrumental activities of daily living" means the activities as defined in federal and state rules including those essential, nonmedical tasks that enable the consumer to live independently in the community, including light housework, preparing meals, taking medications, shopping for groceries or clothes, using the telephone, managing money and other similar activities. [PL 2009, c. 279, §3 (NEW).]

7. Personal care assistance services. "Personal care assistance services" means services required by an adult with long-term care needs to achieve greater physical independence, which may be self-directed and include, but are not limited to: A. Routine bodily functions, such as bowel or bladder care; [PL 1981, c. 511, §1 (NEW).] B. Dressing; [PL 1981, c. 511, §1 (NEW).] C. Preparation and consumption of food; [PL 1981, c. 511, §1 (NEW).] D. Moving in and out of bed; [PL 1981, c. 511, §1 (NEW).] E. Routine bathing; [PL 1981, c. 511, §1 (NEW).] F. Ambulation; and [PL 1981, c. 511, §1 (NEW).] G. Activities of daily living and instrumental activities of daily living. [PL 2009, c. 279, §3 (AMD).] [PL 2009, c. 279, §3 (AMD).]

8. Personal care assistant. "Personal care assistant" means an individual who has completed a training course of at least 40 hours, which includes, but is not limited to, instruction in basic personal care procedures, such as those listed in subsection 7 , first aid and handling of emergencies; or an individual who meets competency requirements, as determined by the department or its designee; or, if providing service to a consumer receiving self-directed attendant services under chapter 1622 , a person approved by the consumer or the consumer's surrogate as being able to competently assist in the fulfillment of the personal care assistance services outlined in the consumer's plan of care. Nothing in Title 32, chapter 31 , may be interpreted to require that a personal care assistant be licensed under that chapter or supervised by a person licensed under that chapter. [PL 2009, c. 279, §3 (AMD).]

9. Provider. "Provider" means any entity, agency, facility or individual who offers or plans to offer any in-home or community support services or institutionally based long-term care services. [PL 2009, c. 279, §3 (AMD).]

9-A. Qualified providers. "Qualified providers" means community-based agencies or a network of agencies with the organizational and administrative capacity to administer and monitor an array of in-home and community support services that will promote choice and portability with an emphasis on coordinating and implementing the services in the consumer's plan of care. [PL 2009, c. 279, §3 (NEW).]

9-B. Self-directed care services. "Self-directed care services" means services procured and directed by the consumer or the consumer's surrogate that allow the consumer to reenter or remain in the community and to maximize independent living opportunities. "Self-directed care services" includes the hiring, firing, training and supervision of personal care assistants to assist with activities of daily living and instrumental activities of daily living. [PL 2009, c. 279, §3 (NEW).]

10. Severe disability. "Severe disability" means a disability that results in persons having severe, chronic physical, sensory or cognitive limitations that restrict their ability to carry out activities of daily living and to live independently. [PL 2009, c. 279, §3 (AMD).]

11. Surrogate. "Surrogate" means an unpaid agent of a consumer designated to assist with the management of the tasks associated with in-home and community support services. [PL 2009, c. 279, §3 (NEW).]
22 M.R.S. § 4038-E — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038-E
22 §4038-E. Adoption from permanency guardianship
Status: in_force

A permanency guardian may petition the District Court to adopt the child in the permanency guardian's care and to change the child's name upon the issuance of the adoption decree. The petition must be filed and adjudicated in accordance with Title 18‑C, Article 9 , except that the adoption may not be granted unless each living parent identified in the child protection action whose rights have not been terminated has executed a consent to the adoption pursuant to Title 18‑C, section 9‑202 or the court finds that such consent is not required pursuant to Title 18‑C, section 9‑302, subsection 2 . A permanency guardian may not seek an order terminating the parental rights of a parent as part of a petition to adopt the child. [PL 2019, c. 664, Pt. C, §2 (NEW).]

1. Contents of petition for adoption from permanency guardianship. [PL 2019, c. 664, Pt. C, §2 (RP).]

2. Accompanying documents and information. [PL 2019, c. 664, Pt. C, §2 (RP).]

3. Scheduling of case management conference. [PL 2019, c. 664, Pt. C, §2 (RP).]

4. Venue. [PL 2019, c. 664, Pt. C, §2 (RP).]

5. Guardian ad litem; attorneys. [PL 2019, c. 664, Pt. C, §2 (RP).]

6. Service. [PL 2019, c. 664, Pt. C, §2 (RP).]

7. Background checks for each permanency guardian seeking to adopt the child. [PL 2019, c. 664, Pt. C, §2 (RP).]

8. Consent. [PL 2019, c. 664, Pt. C, §2 (RP).]

9. Dismissal. [PL 2019, c. 664, Pt. C, §2 (RP).]

10. Hearing on petition for adoption from permanency guardianship. [PL 2019, c. 664, Pt. C, §2 (RP).]

11. Effect of consent to adoption by the parent. [PL 2019, c. 664, Pt. C, §2 (RP).]

12. Rights of adopted persons. [PL 2019, c. 664, Pt. C, §2 (RP).]
22 M.R.S. § 2649-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2649-A
22 §2649-A. State's impact on public water supply protection
Status: in_force

When undertaking actions that have a negative impact on a public water supply, a state agency shall consider the impact and evaluate alternatives to avoid and minimize the impact. [PL 2007, c. 353, §4 (NEW).]
22 M.R.S. § 2074 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2074
22 §2074. Act liberally construed
Status: in_force

This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed so as to effect its purposes. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 8712 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8712
22 §8712. Reports
Status: in_force

The organization shall produce clearly labeled and easy-to-understand reports as follows. Unless otherwise specified, the organization shall distribute the reports on a publicly accessible site on the Internet or via mail or e-mail, through the creation of a list of interested parties. The organization shall make reports available to members of the public upon request. [PL 2009, c. 613, §8 (AMD).]

1. Quality. The organization shall promote public transparency of the quality and cost of health care in the State in conjunction with the Maine Quality Forum established in Title 24‑A, section 6951 and shall collect, synthesize and publish information and reports on an annual basis that are easily understandable by the average consumer and in a format that allows the user to compare the information listed in this section to the extent practicable. The organization's publicly accessible websites and reports must, to the extent practicable, coordinate, link and compare information regarding health care services, their outcomes, the effectiveness of those services, the quality of those services by health care facility and by individual practitioner and the location of those services. The organization's health care costs website must provide a link in a publicly accessible format to provider-specific information regarding quality of services required to be reported to the Maine Quality Forum. [RR 2009, c. 2, §63 (COR).]

2. Payments. The organization shall create a publicly accessible interactive website that presents reports related to payments for services rendered by health care facilities and practitioners to residents of the State. The services presented must include, but not be limited to, imaging, preventative health, radiology, surgical services, ambulance services, comparable health care services as defined in Title 24‑A, section 4318‑A, subsection 1, paragraph A and other services that are predominantly elective and may be provided to a large number of patients who do not have health insurance or are underinsured. The website must also be constructed to display prices paid by individual commercial health insurance companies, 3rd-party administrators and, unless prohibited by federal law, governmental payors. Beginning October 1, 2012, price information posted on the website must be posted semiannually and beginning October 1, 2022 must be posted annually, must display the date of posting and, when posted, must be current to within 12 months of the date of submission of the information. Payment reports and price information posted on the website must include data submitted by payors with regard to all health care facilities and practitioners that provide comparable health care services as defined in Title 24‑A, section 4318‑A, subsection 1, paragraph A or services for which the organization reports data pertaining to the statewide average price pursuant to this subsection or Title 24‑A, section 4318‑B . Upon notice made by a health care facility or practitioner that data posted by the organization pertaining to that facility or practitioner is inaccurate or incomplete, the organization shall remedy the inaccurate or incomplete data within the earlier of 30 days of receipt of the notice and the next posting date. A. [PL 2009, c. 613, §8 (RP).] [PL 2023, c. 468, §1 (AMD).]

2-A. Facility fees charged by health care providers. By January 1, 2024, and annually thereafter, the organization shall produce and post on its publicly accessible website a report on the payments for facility fees made by payors to the extent that payment information is already reported to the organization. The organization shall submit the report required by this subsection to the Office of Affordable Health Care established in Title 5, section 3122 and the joint standing committee of the Legislature having jurisdiction over health data reporting and health insurance matters. The joint standing committee may report out legislation based on the report to a first regular or second regular session of the Legislature, depending on the year in which the report is submitted. The organization shall produce and post on its publicly accessible website information designed to educate the public about facility fees and whether and under what circumstances depending on payor and type of service a facility fee may be charged. For the purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings. A. "Facility fee" means any fee charged or billed by a health care provider for outpatient services provided in a hospital-based facility or freestanding emergency facility that is intended to compensate the health care provider for the operational expenses of the health care provider, separate and distinct from a professional fee, and charged or billed regardless of how a health care service is provided. [PL 2023, c. 410, §1 (NEW).] B. "Health care provider" means a person, whether for profit or nonprofit, that furnishes bills or is paid for health care service delivery in the normal course of business. "Health care provider" includes, but is not limited to, a health system, hospital, hospital-based facility, freestanding emergency facility or urgent care clinic. [PL 2023, c. 410, §1 (NEW).] [PL 2023, c. 672, §5 (AMD).]

3. Comparison report. [PL 2021, c. 423, Pt. A, §7 (RP).]

4. Physician services. [PL 2021, c. 423, Pt. A, §8 (RP).]

5. Prescription drug information. By December 1, 2018 and annually thereafter, the organization shall provide a report containing the following information about prescription drugs, both brand name and generic: A. The 25 most frequently prescribed drugs in the State; [PL 2017, c. 406, §1 (NEW).] B. The 25 costliest drugs as determined by the total amount spent on those drugs in the State; and [PL 2017, c. 406, §1 (NEW).] C. The 25 drugs with the highest year-over-year cost increases as determined by the total amount spent on those drugs in the State. [PL 2017, c. 406, §1 (NEW).] [PL 2017, c. 406, §1 (NEW).]

6. Data shared with Maine Prescription Drug Affordability Board. The organization may share data collected under this chapter with the Maine Prescription Drug Affordability Board, established under Title 5, section 12004‑G, subsection 14‑I , as long as any data shared pursuant to this subsection is not further disseminated. [PL 2019, c. 471, §3 (NEW).]
22 M.R.S. § 4011-C — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4011-C
22 §4011-C. Notification regarding infants affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder
Status: in_force

1. Notification regarding infants affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder. A health care provider involved in the delivery or care of an infant the provider identifies as having been born affected by substance abuse, as having withdrawal symptoms resulting from prenatal drug exposure or as having a fetal alcohol spectrum disorder shall notify the department of that condition in the infant. A. This section, and any notification made pursuant to this section, may not be construed to establish a definition of "abuse" or "neglect." [PL 2025, c. 353, §5 (NEW).] B. This section, and any notification made pursuant to this section, may not be construed to require prosecution for any illegal action, including, but not limited to, the act of exposing a fetus to drugs or other substances. [PL 2025, c. 353, §5 (NEW).] [PL 2025, c. 353, §5 (NEW).]

2. Report. When a health care provider suspects that an infant has been abused or neglected, the provider shall report to the department in accordance with section 4011‑A, subsection 1, paragraph A. If the infant has a family care plan developed under section 4004‑C, subsection 2, a copy of the family care plan must accompany the report. [PL 2025, c. 353, §5 (NEW).]

3. Definition. For purposes of this section, "health care provider" means a person described in section 4011‑A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20) and (22) or any person who assists in the delivery or birth of a child for compensation, including, but not limited to, a midwife. [PL 2025, c. 353, §5 (NEW).]

4. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 353, §5 (NEW).]
22 M.R.S. § 2066 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2066
22 §2066. Enforcement of rights and duties
Status: in_force

Any holder of bonds, notes, bond anticipation notes, other notes or other obligations issued under this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted under this chapter or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer, employee or agent thereof, including the fixing, charging and collecting of the rates, rents, fees and charges herein authorized and required by such resolution or trust agreement to be fixed, established and collected. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 252 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 252
22 §252. Penalties
Status: in_force

A person who intentionally or knowingly violates any provision of section 451 , 454‑A , 461 or 462 , or of rules adopted pursuant to those sections, or neglects or refuses to obey any order or direction of any local health officer authorized by those provisions, the penalty for which is not specifically provided, or intentionally or knowingly interferes with any person or thing to prevent the execution of those sections or of the rules, commits a civil violation for which a fine of not more than $500 may be adjudged. The District Court has jurisdiction of all offenses under these sections. [PL 2007, c. 598, §4 (AMD).]
22 M.R.S. § 2430-K — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-K
22 §2430-K. Inspections; limitation
Status: in_force

The department may conduct inspections of registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing facilities in accordance with this section and rules adopted pursuant to this chapter. The department may not conduct an inspection of a qualifying patient or caregiver operating under section 2423‑A, subsection 3, paragraph C . [PL 2023, c. 365, §22 (NEW).]

1. Criteria. The department shall maintain a publicly accessible electronic version of the criteria for inspection of registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing facilities. [PL 2023, c. 365, §22 (NEW).]

2. Access to premises. Notwithstanding any provision of law to the contrary, to ensure compliance with this chapter or in response to a complaint, the department may inspect the premises where a registered caregiver, registered dispensary, cannabis testing facility or manufacturing facility conducts activity authorized under this chapter, without notice during regular business hours or during hours of apparent activity, except that the department may not enter the dwelling unit of a registered caregiver if the registered caregiver is not present and may inspect the area of a dwelling unit only where activity authorized under this chapter occurs. [PL 2023, c. 365, §22 (NEW).]

3. Complaints. If the department conducts an inspection in response to a complaint, the department shall provide the registered caregiver, registered dispensary, cannabis testing facility or manufacturing facility subject to the inspection a written statement of the substance of the complaint at the time of the inspection. [PL 2023, c. 365, §22 (NEW).]

4. Contamination prevention. The department shall develop and post on the department's publicly accessible website guidance on how a person conducting inspections under this section can prevent contaminating the premises being inspected. [PL 2023, c. 365, §22 (NEW).]

5. Notification of unauthorized conduct. If during an inspection the department finds evidence of a violation of this chapter or rules adopted pursuant to this chapter, the department shall, within one business day of the completion of the inspection, provide written notification of the identified violation to the registered caregiver, registered dispensary, cannabis testing facility or manufacturing facility. Notice under this subsection does not constitute final agency action. [PL 2023, c. 365, §22 (NEW).]

6. Penalty. In addition to any other penalty authorized under this chapter, the registry identification card or registration certificate of a registered caregiver, registered dispensary, cannabis testing facility or manufacturing facility that refuses or willfully avoids 2 or more inspections under this section may be suspended or revoked pursuant to section 2430‑I or the department may refuse to renew the registry identification card or registration certificate. [PL 2023, c. 365, §22 (NEW).]
22 M.R.S. § 4012 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4012
22 §4012. Reporting procedures
Status: in_force

1. Immediate report. Reports regarding abuse or neglect must be made immediately by telephone to the department unless otherwise specified in this subsection and must be followed by a written report within 48 hours if requested by the department. Medical professionals, hospitals and hospital staff, school personnel and law enforcement personnel may submit reports electronically. The department shall provide a portal through which these electronic reports may be submitted that is linked to the department's comprehensive child welfare information system. [PL 2021, c. 116, §1 (AMD).]

2. Information required. The reports shall include the following information if within the knowledge of the person reporting: A. The name and address of the child and the persons responsible for the child's care or custody; [RR 2021, c. 2, Pt. B, §183 (COR).] B. The child's age and sex; [PL 1979, c. 733, §18 (NEW).] C. The nature and extent of abuse or neglect, including a description of injuries and any explanation given for them; [PL 1979, c. 733, §18 (NEW).] D. A description of sexual abuse or exploitation; [PL 1979, c. 733, §18 (NEW).] E. Family composition and evidence of prior abuse or neglect of the child or the child's siblings; [RR 2021, c. 2, Pt. B, §184 (COR).] F. The source of the report, the person making the report, the person's occupation and where the person can be contacted; [RR 2021, c. 2, Pt. B, §185 (COR).] G. The actions taken by the reporting source, including a description of photographs or x rays taken; and [PL 1979, c. 733, §18 (NEW).] H. Any other information that the person making the report believes may be helpful. [PL 1979, c. 733, §18 (NEW).] [RR 2021, c. 2, Pt. B, §§183-185 (COR).]
22 M.R.S. § 3027 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3027
22 §3027. Procedure at scene of death
Status: in_force

1. Movement or alteration of body prohibited. Except as otherwise provided in this section: A. In any medical examiner case a person may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the medical examiner or Office of Chief Medical Examiner; [PL 2001, c. 222, §8 (AMD).] B. In any medical examiner case in which physical injury attributable to noncriminal conduct is suspected or in which any physical injury by motor vehicle, including vehicular manslaughter, is suspected, a person may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the district attorney for the district in which the body is located or the district attorney's authorized representative; and [PL 2001, c. 222, §8 (AMD).] C. In any medical examiner case in which physical injury attributable to criminal conduct other than vehicular manslaughter is suspected, a person may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the Attorney General or the Attorney General's authorized representative. [PL 2001, c. 222, §8 (AMD).] [PL 2001, c. 222, §8 (AMD).]

2. Preservation or removal of body. In any medical examiner case in which the body is in danger of being destroyed or lost or the location of the body renders it a serious threat to the safety or health of others, a person may take whatever steps are reasonably necessary for the retention or preservation of the body prior to the arrival or authorization of the medical examiner or the Office of Chief Medical Examiner. The person shall first, if practicable, exactly mark the location and position of the body. In any medical examiner case in which physical injury attributable to criminal conduct other than vehicular manslaughter is not suspected and the presence of the body is likely to cause hardship or outrage, and a medical examiner or the Office of Chief Medical Examiner can not be reached in a reasonable period of time, the district attorney for the district in which the body is located or the district attorney's authorized representative may authorize removal of the body by the law enforcement officer in charge of the scene. The officer shall first, if practicable, exactly mark the location and position of the body. A. When death occurs in a medical facility such as a hospital or an ambulance, the body may be removed to a mortuary under the following conditions: (1) The incident causing the death did not occur in the medical facility; (2) The body is transported to a secure place in the same condition as when death occurred; and (3) The only alterations are the disconnecting of fixed medical equipment. [PL 1979, c. 538, §7 (NEW).] [PL 2001, c. 222, §8 (AMD).]

3. Procedures. Before removal of the body as provided in subsection 2 , the law enforcement officer shall whenever possible arrange for photographs, measurements and a record of the location and position of the body. When the death is suspected of involving physical injury attributable to criminal conduct other than vehicular manslaughter, the procedure in this subsection must be undertaken with the supervision of an authorized representative of the Attorney General. In all medical examiner cases in which physical injury attributable to criminal conduct other than vehicular manslaughter is suspected, the procedure in this subsection may be waived concurrently by the Chief Medical Examiner and the Attorney General or the Attorney General's authorized representative. In all other medical examiner cases the procedure in this subsection may be waived concurrently by the medical examiner and the district attorney for the district in which the body is located or the district attorney's authorized representative. [PL 2001, c. 222, §8 (AMD).]
22 M.R.S. § 1823 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1823
22 §1823. Treatment of minors
Status: in_force

Any hospital licensed under this chapter or alcohol or drug treatment facility licensed pursuant to section 7801 that provides facilities to a minor in connection with the prevention of a sexually transmitted infection or the treatment of that minor for a sexually transmitted infection or treatment of that minor for substance use or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the provision of such facilities so long as such facilities have been provided at the direction of the person or persons referred to in Title 32, sections 2595 , 3292 , 3817 , 6221 or 7004 . The hospital shall notify and obtain the consent of that minor's parent or guardian if that hospitalization continues for more than 16 hours. [PL 2019, c. 236, §1 (AMD).]
22 M.R.S. § 1324 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1324
22 §1324. No impairment to civil damages; local ordinances
Status: in_force

Nothing in this chapter shall be interpreted or applied in any manner to defeat or impair the right of any person, entity, municipality or other political subdivision to maintain an action or suit for damages sustained or equitable relief or for violation of an ordinance by reason of or in connection with any violation of this chapter. [PL 1973, c. 367 (NEW).]

This chapter shall not prevent any municipality or other political subdivision from enacting any enforcing ordinances which establish a system of lead poisoning control that provide the same or higher standards than those provided in this chapter. [PL 1973, c. 367 (NEW).]
22 M.R.S. § 1727 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1727
22 §1727. Cooperation with law enforcement (REALLOCATED FROM TITLE 22, SECTION 1726)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 1726)

A hospital licensed under chapter 404 or 405 shall make a good faith effort to cooperate with law enforcement agencies as provided in this section. [RR 2015, c. 1, §18 (RAL).]

1. Service of protection from abuse order. A law enforcement agency may request that a hospital provide access to a defendant who is receiving care in the hospital for the purpose of serving a protection from abuse order pursuant to Title 19‑A, section 4107 . A. The hospital shall provide the law enforcement agency with an opportunity to serve the defendant personally with the order at a time the hospital determines is clinically appropriate with due consideration to the medical condition of the defendant. [RR 2015, c. 1, §18 (RAL).] B. A hospital may disclose that the defendant is a patient to facilitate service under this section regardless of patient consent. [RR 2015, c. 1, §18 (RAL).] [PL 2021, c. 647, Pt. B, §48 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

1-A. Service of notice of restricted person status. A law enforcement agency may request that a hospital provide access to a person who is receiving care in the hospital for the purpose of notifying the person that the person is a restricted person as defined in Title 34-B, section 3862-A, subsection 1, paragraph K. A. The hospital shall provide the law enforcement agency with an opportunity to notify the person under this subsection at a time the hospital determines is clinically appropriate with due consideration to the medical condition of the person. [PL 2025, c. 104, §1 (NEW).] B. A hospital may disclose that the person is a patient to facilitate notice under this subsection regardless of patient consent or confidentiality restrictions under hospital policy. [PL 2025, c. 104, §1 (NEW).] [PL 2025, c. 104, §1 (NEW).]

2. Notice of upcoming release. A law enforcement agency may request that a hospital provide notice to the law enforcement agency that a person is to be released from the hospital so that the law enforcement agency may arrest the person. A. The hospital shall provide notice that the person is to be released from the hospital if the person was transported or was caused to be transported to the hospital by the law enforcement agency. [RR 2015, c. 1, §18 (RAL).] B. The information contained in the notice provided by the hospital must be no more than the minimum amount necessary to satisfy the requirements of this subsection. [RR 2015, c. 1, §18 (RAL).] [RR 2015, c. 1, §18 (RAL).]

3. Required consistency with federal requirements. A hospital may provide access under subsection 1 and information under subsection 2 only if the request is consistent with the provisions of 45 Code of Federal Regulations, Section 164.512 (2015) and 42 Code of Federal Regulations, Part 2 (2015). [RR 2015, c. 1, §18 (RAL).]

4. Immunity; no cause of action. A hospital, hospital agent, employee or other person who in good faith and without gross negligence provides access or information to a law enforcement agency as required by this section or cooperates in an investigation or a criminal or judicial proceeding related to the requirements of this section is immune from civil and criminal liability and professional licensure action arising out of or related to compliance with this section. This section does not create a cause of action against the hospital, hospital agent, employee or other person for failure to comply with this section. [RR 2015, c. 1, §18 (RAL).]
22 M.R.S. § 5410 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5410
22 §5410. Relation to other laws
Status: in_force

1. Authority of superintendent to regulate insurance. This chapter and any action taken by the marketplace pursuant to this chapter may not be construed to preempt or supersede the authority of the superintendent to regulate the business of insurance within this State. [PL 2021, c. 511, §1 (NEW); PL 2021, c. 511, §2 (AFF).]

2. Appeal from decision of department's administrative hearings unit. A decision of the department's administrative hearings unit in an appeal of a decision of the marketplace is not subject to judicial review under Title 5, section 11001 and the Maine Rules of Civil Procedure, Rule 80C. Such a decision may be appealed to the United States Department of Health and Human Services pursuant to 45 Code of Federal Regulations, Section 155.520(c). [PL 2021, c. 511, §1 (NEW); PL 2021, c. 511, §2 (AFF).]
22 M.R.S. § 2517 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517
22 §2517. Ante mortem examination of animals to be slaughtered
Status: in_force

For the purpose of preventing the use in commerce of meat and meat food products and poultry and poultry products that are adulterated, the commissioner shall appoint inspectors to examine and inspect all livestock and poultry before they are allowed to enter into a slaughtering, packing, meat-canning, rendering or similar official establishment in which they are to be slaughtered and the meat and meat food products and poultry and poultry products of which are to be used in commerce. All livestock and poultry found on such inspection to show symptoms of disease must be set apart and slaughtered separately from all other livestock or poultry and when so slaughtered the carcasses of the livestock and poultry are subject to a careful examination and inspection, as provided by the rules established by the commissioner and adopted pursuant to this chapter. [PL 2021, c. 64, §20 (AMD).]
22 M.R.S. § 3479 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3479
22 §3479. Optional reporting
Status: in_force

Any person may make a report to the department when that person has reasonable cause to suspect an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation. [PL 2003, c. 653, §13 (AMD).]

1. Dependent. [PL 1989, c. 858, §12 (RP).]

2. Incapacitated. [PL 1989, c. 858, §12 (RP).]

3. Suspected incapacity. [PL 1989, c. 858, §12 (RP).]
22 M.R.S. § 7401 — ME Code / Title 22 / Subtitle 5 / Chapter 1627 / Section 7401
22 §7401. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

1. Activities of daily living. "Activities of daily living" means tasks routinely performed by a person to maintain bodily functions, including bed mobility, transfers, locomotion, dressing, eating, toileting, bathing and personal hygiene. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

2. Direct access. "Direct access" means, with respect to an individual who is receiving services from an essential support worker in an institutional setting or in a home or community setting, access to the individual's property, personally identifiable information, financial information or resources or physical access to the individual. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

3. Essential support worker. "Essential support worker" means an individual who by virtue of employment generally provides to individuals direct contact assistance with activities of daily living or instrumental activities of daily living or has direct access to provide care and services to clients, patients or residents regardless of the setting. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

4. Home or community setting. "Home or community setting" means a place of residence or group home where adults with long-term care needs receive in-home and community support services. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

5. In-home and community support services. "In-home and community support services" means health and social services, including behavioral health, and other assistance required to enable persons with long-term care needs to remain in their places of residence or group homes. These services include, but are not limited to, self-directed care services; home health aide services; personal care assistance services; companion and attendant services; homemaker services; respite care; daily living support services; behavioral health professional services; and other appropriate and necessary social services. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

6. Institutional setting. "Institutional setting" means residential care facilities, licensed pursuant to chapter 1664 ; intermediate care and skilled nursing facilities and units and hospitals, licensed pursuant to chapter 405 ; and state institutions for individuals who have intellectual disabilities or autism or other related conditions. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

7. Instrumental activities of daily living. "Instrumental activities of daily living" includes, but is not limited to, preparing or receiving of a main meal, taking medication, using the telephone, handling finances, banking, shopping, routine housework, laundry and getting to appointments. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

8. Self-directed care services. "Self-directed care services" means services procured and directed by the person receiving services or the person's surrogate that allow the person to reenter or remain in the community and to maximize independent living opportunities. "Self-directed care services" includes the hiring, firing, training and supervision of essential support workers to assist with activities of daily living and instrumental activities of daily living. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
22 M.R.S. § 2521-A — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2521-A
22 §2521-A. Methods research; designation of methods
Status: in_force

The commissioner may: [PL 1999, c. 777, §1 (NEW).]

1. Research. Conduct, assist and foster research, investigation and experimentation to develop and determine methods of slaughter and handling of livestock in connection with slaughter that are practicable with reference to the speed and scope of slaughtering operations and humane with reference to other existing methods and current scientific knowledge; and [PL 1999, c. 777, §1 (NEW).]

2. Conform to chapter. Designate methods of slaughter and handling in connection with slaughter that, with respect to each species of livestock, conform to this chapter. The commissioner may make any such designation by designating methods that are not in conformity with this chapter. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 260 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 260
22 §260. Maine Health Access Fund
Status: in_force

There is established the Maine Health Access Fund, referred to in this section as the "fund," as a dedicated fund to provide expanded access to health care. [PL 2001, c. 450, Pt. E, §1 (NEW).]

1. Transfers to fund. The State Controller shall transfer to the fund such money as authorized by law. The fund may also receive funds from other sources that are designated for the fund. Interest earned on fund balances and investment income on balances in the fund accrue to the fund. [PL 2001, c. 450, Pt. E, §1 (NEW).]

2. Nonlapsing. Any unexpended balances in the fund may not lapse but must be carried forward. [PL 2001, c. 450, Pt. E, §1 (NEW).]

3. Restriction. Allocations from the fund must be used to supplement and not supplant appropriations from the General Fund. [PL 2001, c. 450, Pt. E, §1 (NEW).]
22 M.R.S. § 565 — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 565
22 §565. Health and Environmental Testing Laboratory
Status: in_force

The Health and Environmental Testing Laboratory is established within the department for the chemical and microbiological testing and examination of water supplies, food products, drinking water, environmental and forensic samples and the testing and examination of cases and suspected cases of infectious and communicable diseases. [PL 1991, c. 499, §2 (NEW); PL 1991, c. 499, §26 (AFF).]

1. Coordination with the Department of Environmental Protection. In coordination with the Department of Environmental Protection, the department shall also provide laboratory services for environmental testing and analysis as necessary to implement the programs and duties of the Department of Environmental Protection, pursuant to Title 38, section 342, subsection 4 . The commissioner and the Commissioner of Environmental Protection shall enter into joint agreements and establish joint policies as necessary to ensure the provision of appropriate laboratory services. [PL 1991, c. 499, §2 (NEW); PL 1991, c. 499, §26 (AFF).]

2. Director; duties. The Director of the Bureau of Health shall appoint a Director of the Health and Environmental Testing Laboratory, subject to the Civil Service Law and in this chapter known as the "laboratory director." The laboratory director or a designated chief of laboratory operations shall administer the laboratory to safeguard the public health and environment. [PL 1999, c. 62, §1 (AMD).]

3. Fees for services. The department shall establish by rule a schedule of charges for services rendered by the Health and Environmental Testing Laboratory based on the average costs for those services. The department shall establish services essential to the public health. These services must be provided free to residents of the State. [PL 1991, c. 499, §2 (NEW); PL 1991, c. 499, §26 (AFF).]
22 M.R.S. § 1711-D — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-D
22 §1711-D. Designation of visitors in hospital settings
Status: in_force

1. Designation of visitors. A patient in a hospital licensed pursuant to chapter 405 may designate persons to be considered as immediate family members for the purpose of granting visitation rights. The following provisions apply to the designation of visitors under this section. A. The patient must be 18 years of age or older or a minor who is authorized by law to consent to health care. [PL 2001, c. 378, §1 (NEW).] B. The patient must be a patient in a critical care unit that restricts visitors to immediate family members, or emergency room that restricts visitors to immediate family members. [PL 2001, c. 378, §1 (NEW).] C. The patient may designate visitors under this section by communicating the designation to a health care provider at the hospital orally or in writing. The patient may designate visitors, change the designation or revoke the designation at any time. [PL 2001, c. 378, §1 (NEW).] D. A hospital shall provide to patients in the hospital a process by which to designate visitors under this section and shall note in the patient's medical record the names of designated visitors, the date of the designation and any changes in the designation. [PL 2001, c. 378, §1 (NEW).] E. Except as provided in subsection 2 , a hospital may not deny visitation to the patient by a designated visitor during hospital visiting hours. [PL 2001, c. 378, §1 (NEW).] [PL 2001, c. 378, §1 (NEW).]

2. Exceptions. A hospital may deny visitation with a patient to any visitor designated under this section if: A. The hospital denies all visitors; [PL 2001, c. 378, §1 (NEW).] B. The hospital determines that the presence of the visitor might endanger the health or safety of the patient or interfere with the primary operations of the hospital; or [PL 2001, c. 378, §1 (NEW).] C. The patient has communicated orally or in writing the choice not to visit with the visitor. [PL 2001, c. 378, §1 (NEW).] [PL 2001, c. 378, §1 (NEW).]

3. Rulemaking. By March 1, 2002, 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. 378, §1 (NEW).]
22 M.R.S. § 4037-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4037-A
22 §4037-A. Extended care
Status: in_force

1. Extended care requirements. A person who is 18, 19, 20, 21 or 22 years of age and who attained 18 years of age while in the care and custody of the department may continue to receive care and support if the person: A. Is enrolled in secondary school or its equivalent or is enrolled in postsecondary or career and technical school; [PL 2011, c. 402, §5 (NEW).] B. Is participating in a program or activity that promotes employment or removes barriers to employment; [PL 2011, c. 402, §5 (NEW).] C. Is employed for at least 80 hours per month; or [PL 2011, c. 402, §5 (NEW).] D. Is found to be in special circumstances, including but not limited to being incapable of qualifying under paragraphs A to C due to a documented medical or behavioral health condition. [PL 2011, c. 402, §5 (NEW).] [PL 2021, c. 714, §2 (AMD).]

2. Placement. A person who qualifies for care and support under this section may be placed in a supervised setting in which the person lives independently, in a foster home or in a group home. [PL 2011, c. 402, §5 (NEW).]

3. Mandated review. For each person who qualifies for extended care and support under this section and who is 18, 19 or 20 years of age, the District Court shall hold a judicial review hearing at least once every 12 months. A. [PL 2025, c. 272, §3 (RP).] B. [PL 2025, c. 272, §3 (RP).] C. [PL 2025, c. 272, §3 (RP).] [PL 2025, c. 272, §3 (RPR).]

3-A. Review on motion. The department, the court or the person who qualifies for extended care and support under this section may move for judicial review. [PL 2025, c. 272, §4 (NEW).]

4. Termination; notice. A person receiving care and support under this section or the department may terminate the agreement of extended care and support without approval by the court. The department shall notify the court of the termination of extended care and support within 30 days of the termination. [PL 2011, c. 402, §5 (NEW).]

5. Guardian ad litem; attorney. The appointments of the guardian ad litem and attorneys for the parents are terminated when a person receiving care and support under this section attains 18 years of age, and a new guardian ad litem or attorney may not be appointed for or on behalf of the person or the parents. [PL 2011, c. 402, §5 (NEW).]

6. Judicial review hearing. At a judicial review hearing conducted under subsection 3 or in response to a motion under subsection 3‑A , the court shall hear evidence and shall consider the original reason for the extended care and support of the person and the agreement of extended care and support between the department and the person. The court shall, after hearing or by agreement, make written findings, based on a preponderance of the evidence, that determine: A. The safety of the person in the person's placement; [PL 2025, c. 272, §5 (NEW).] B. The services needed to transition the person from extended care and support to independent living; and [PL 2025, c. 272, §5 (NEW).] C. The compliance of the parties to the agreement of extended care and support. [PL 2025, c. 272, §5 (NEW).] In a judicial review order, the court may order either the department or the person or both to comply with the agreement of extended care and support but may not order the department to pay for a specific placement. [PL 2025, c. 272, §5 (NEW).]
22 M.R.S. § 8825 — ME Code / Title 22 / Subtitle 6 / Chapter 1686 / Section 8825
22 §8825. Rulemaking
Status: in_force

The department shall adopt rules as required to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 647, §2 (NEW).]
22 M.R.S. § 3188 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3188
22 §3188. Maine Managed Care Insurance Plan Demonstration for uninsured individuals
Status: in_force

1. Development of demonstration. The Department of Health and Human Services shall develop, implement and administer the Maine Managed Care Insurance Plan Demonstration for individuals without health insurance in one urban site, one rural site and one site as determined by the department. Expenditures may not be incurred relative to the development of the 3rd site unless resources other than the General Fund are received by the department for that purpose. [PL 1989, c. 905 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Targeted enrollment. The department shall target enrollment in this plan to low-income, non-Medicaid eligible individuals employed in groups of less than 15 and the self-employed. Individual or nongroup policies will not be offered through this program. Enrollment in this plan shall not be offered to any group where there has been a health plan offered at any time within the past 12 months or to any self-employed individual who has been covered by health benefits coverage at any time within the past 12 months; except that groups and individuals who were covered through the Medicaid program or who had health benefits and lost that coverage involuntarily and who otherwise would be eligible for the Maine Managed Care Insurance Plan Demonstration are eligible for enrollment. The intent of this demonstration is to provide access to health benefits to those for whom financial barriers preclude the purchase of the coverage. Eligibility criteria for the Maine Managed Care Insurance Plan Demonstration shall be developed by the department based upon the advice of The Robert Wood Johnson Foundation's grant advisory committee. [PL 1987, c. 888 (RPR).]

3. Report. The Department of Health and Human Services shall prepare and submit to the joint standing committees of the 114th Legislature having jurisdiction over banking and insurance; human resources; and appropriations and financial affairs, a report on the Maine Managed Care Insurance Plan Demonstration during the 3rd year of the demonstration project. This report shall include, but not be limited to, the following information. A. An assessment of the demonstration's success in providing cost effective affordable insurance coverage for acute and primary care services for the target population; [PL 1987, c. 349, Pt. H, §14 (NEW).] B. An assessment of whether the demonstration should be continued, expanded incrementally to additional areas of the State, made a statewide project or discontinued; and [PL 1987, c. 349, Pt. H, §14 (NEW).] C. An assessment of plan contracting and competitive bidding options and a review of options for program structure as a fully public or semipublic entity. [PL 1987, c. 349, Pt. H, §14 (NEW).] [PL 1987, c. 349, Pt. H, §14 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Confidentiality of records. The following medical or financial information concerning applicants to the Maine Managed Care Insurance Plan Demonstration shall be considered confidential as follows. A. All department records that contain information regarding the identity, medical status or financial resources of particular individuals applying for health insurance coverage under the Maine Managed Care Insurance Plan Demonstration are confidential and subject to release only with the written authorization of the applicant. [PL 1989, c. 175, §3 (NEW).] B. All department records that contain information regarding the identity or financial resources of a business or business owner applying for enrollment in the Maine Managed Care Insurance Plan Demonstration are confidential and subject to release only with written authorization of an authorized representative of the applicant's business. [PL 1989, c. 175, §3 (NEW).] [PL 1989, c. 175, §3 (NEW).]
22 M.R.S. § 567 — ME Code / Title 22 / Subtitle 2 / Chapter 157-A / Section 567
22 §567. Certification or accreditation program
Status: in_force

The Director of the Bureau of Health shall establish a laboratory certification or accreditation program to ensure that all generated data of laboratories subject to the program is of known and appropriate quality of precision and accuracy when utilized for departmental programs and programs administered by the Department of Environmental Protection. The Director of the Bureau of Health shall designate a laboratory certification officer to administer this program. [PL 1999, c. 62, §3 (AMD).]

1. Acceptable data. Except as provided in this subsection, 6 months after the adoption of rules specified in subsection 2 , certification is required of any commercial, industrial, municipal, state or federal laboratory that analyzes water, soil, air, solid or hazardous waste, or radiological samples for the use of programs of the department or the Department of Environmental Protection, except as provided under chapter 411 , the Maine Medical Laboratory Act; Title 26, chapter 7, subchapter 3‑A , Substance Use Testing; and Title 29‑A, section 2524 , administration of tests to determine an alcohol level or drug concentration. A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 413 may analyze waste discharges for total suspended solids, settleable solids, biological or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal coliform, E. coli, enterococcus, conductivity, color, temperature and dissolved oxygen without being certified under this section. The exception provided under this paragraph applies to a laboratory testing its own samples for pollutants listed in its permit or license; pretreatment samples; and samples from other wastewater treatment plants for up to 60 days per year. The time period provided in this paragraph, which is a maximum period for each treatment plant for which analysis is provided, may be extended by memorandum of agreement between the Department of Environmental Protection and the Health and Environmental Testing Laboratory. [PL 2019, c. 580, §1 (AMD).]

2. Certification or accreditation program requirements. The department and the Department of Environmental Protection shall establish by rule program requirements, standards and criteria for the evaluation and certification or accreditation of laboratories. [PL 1999, c. 62, §3 (AMD).]

3. Certificate issued. A laboratory must be issued a certificate when the laboratory certification officer determines that the laboratory has the capability to analyze samples with known and appropriate quality of precision and accuracy and is in compliance with other certification or accreditation requirements. Certificates are effective for 2 years from date of issuance provided the laboratory continues to be in compliance with certification or accreditation requirements. [PL 1999, c. 62, §3 (AMD).]

4. Certification or accreditation fees. A certification or accreditation fee schedule based on the cost of certifying or accrediting laboratories must be established by rule. Certification or accreditation fees are payable upon application for certification or accreditation and must be deposited in the Health and Environmental Testing Laboratory Special Revenue Account. [PL 1999, c. 62, §3 (AMD).]
22 M.R.S. § 3485 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3485
22 §3485. Reporting abuse
Status: in_force

1. Immediate report. Subject to the confidentiality provisions of section 3474, subsection 2, paragraph A , when the department receives a report under subchapter 1‑A that a person is suspected of abusing, neglecting or exploiting an incapacitated or dependent adult, the department shall immediately report the suspected abuse, neglect or exploitation to the appropriate district attorney's office, whether or not the department investigates the report. [PL 2011, c. 291, §5 (NEW).]

2. After investigation. Upon finding evidence indicating that a person has abused, neglected or exploited an incapacitated or dependent adult, resulting in serious harm, the department shall notify the appropriate district attorney or law enforcement agency of that finding. [PL 2011, c. 291, §5 (NEW).]
22 M.R.S. § 2153 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2153
22 §2153. Powers of commissioner
Status: in_force

The authority to promulgate, in a manner consistent with the Maine Administrative Procedure Act, regulations for the efficient enforcement of this subchapter is vested in the Commissioner of Agriculture, Conservation and Forestry. The commissioner is authorized to make the regulations promulgated under said subchapter conform in so far as practicable with those promulgated under the Federal Act. [PL 1977, c. 694, §346 (AMD); PL 1977, c. 694, §346 (AMD); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

Hearings authorized or required by this subchapter shall be conducted by the commissioner or such officer, agent or employee as the commissioner may designate for the purpose. [PL 1977, c. 694, §§ 346, 347 (AMD).]
22 M.R.S. § 784 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 784
22 §784. Radon Relief Fund
Status: in_force

The Radon Relief Fund is established as a nonlapsing fund to support the radon-related research, testing, educational and mitigation activities of the division. Funds received from registrations under sections 774 and 775 and any other miscellaneous sources of income are deposited in the fund. The division shall administer the fund. Funds in the Radon Relief Fund must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 2620-C — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2620-C
22 §2620-C. Rules
Status: in_force

The commissioner shall adopt rules establishing procedures regarding notice and the issuance, amendment and withdrawal of administrative compliance orders and administrative consent orders. [PL 1993, c. 678, §4 (NEW).]

The commissioner may adopt rules establishing a permitting process for public water systems. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 705, §10 (NEW).]
22 M.R.S. § 3059 — ME Code / Title 22 / Subtitle 2 / Chapter 713 / Section 3059
22 §3059. Determination of disability; federal-state agreement
Status: in_force

The department is designated as the state agency to make determination of disability required under the Federal Social Security Act and acts amendatory thereof and additional thereto, and the commissioner, subject to the approval of the Governor, is authorized and empowered to enter into an agreement on behalf of the State with the designated federal official to carry out the Federal Social Security Act and acts amendatory thereof and additional thereto relating to the making of determinations of disability. [PL 1975, c. 771, §222 (AMD).]
22 M.R.S. § 8551 — ME Code / Title 22 / Subtitle 6 / Chapter 1678 / Section 8551
22 §8551. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 205, §1 (NEW).]

1. Alzheimer special care program. "Alzheimer special care program" means a special program or secure, locked or segregated unit within one of the following entities for individuals with a diagnosis of probable Alzheimer's disease or a related disorder to prevent or limit access by an individual to areas outside the designated or separated program or area and that advertises, markets or otherwise promotes that entity as providing specialized Alzheimer or dementia care services: A. A residential care facility subject to licensure pursuant to chapter 1663 or 1664 ; [PL 2001, c. 596, Pt. B, §20 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).] B. A skilled nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405 ; [PL 1995, c. 205, §1 (NEW).] C. A hospice program subject to licensure pursuant to chapter 1681 ; or [PL 1995, c. 205, §1 (NEW).] D. Other facility, including, but not limited to, assisted living, adult daycare, congregate housing and eating and lodging facilities. [PL 1995, c. 205, §1 (NEW).] [PL 2001, c. 596, Pt. B, §20 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
22 M.R.S. § 9052 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9052
22 §9052. Background Check Center
Status: in_force

In order to promote and protect the health and safety of children and adults in need of support and care, the Background Check Center is established within the department to operate an Internet-based system that employers use to access criminal records and other background information to determine the eligibility of individuals to work in direct access positions with vulnerable Maine citizens including children, elderly persons, dependent adults and persons with disabilities. The online system is maintained by the Background Check Center in coordination with the Department of Public Safety, State Bureau of Identification and with other state and federal agencies. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 4268 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4268
22 §4268. Indian tribes - Article 18 (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)

Notwithstanding any other provision in this compact, the interstate commission may adopt guidelines to permit Indian tribes to utilize the compact to achieve any of the purposes of the compact as specified in section 4251 . The interstate commission shall make reasonable efforts to consult with Indian tribes in adopting guidelines to reflect the diverse circumstances of the various Indian tribes. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 2124 — ME Code / Title 22 / Subtitle 2 / Chapter 416 / Section 2124
22 §2124. Rules and regulations
Status: in_force

The department shall promulgate rules and regulations outlining procedures for prior approval before materials in the definition of dental health education are purchased. The department may also promulgate rules and regulations to further define terms in this chapter and such other rules and regulations as shall effectuate the purposes of this chapter. [PL 1979, c. 522, §1 (NEW).]
22 M.R.S. § 3882 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3882
22 §3882. Establishment; purpose; nonprofit organization
Status: in_force

The Maine Children's Trust Incorporated, referred to in this chapter as the "trust," is established to provide a mechanism for voluntary contributions by individuals and groups for annual and long-term funding of prevention programs. [PL 1995, c. 402, Pt. A, §6 (AMD).]

The trust is a private nonprofit corporation with a broad public purpose pursuant to this chapter. The exercise by the trust of the powers conferred by this chapter is held to be an essential governmental function. [PL 1995, c. 402, Pt. A, §6 (AMD).]
22 M.R.S. § 3481 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3481
22 §3481. Providing for protective services with the consent of the person; withdrawal of consent; care taker refusal
Status: in_force

When it has been determined that an incapacitated or dependent adult is in need of protective services, the department shall immediately provide or arrange for protective services, provided that the adult consents. [PL 1981, c. 527, §2 (NEW).]

1. Consent. If an incapacitated or dependent adult does not consent to the receipt of protective services, or if the adult withdraws consent, the service may not be provided. [RR 2021, c. 2, Pt. B, §175 (COR).]

2. Consent refused. When a private guardian or conservator of an incapacitated adult who consents to the receipt of protective services refuses to allow those services to be provided to the incapacitated adult, the department may petition the Probate Court for removal of the guardian pursuant to Title 18‑C, section 5‑319 or for removal of the conservator pursuant to Title 18‑C, section 5‑430 . When a caretaker or guardian of an incapacitated adult who consents to the receipt of protective services refuses to allow those services to be provided to the incapacitated adult, the department may petition the Probate Court for temporary guardianship pursuant to Title 18‑C, sections 5‑124 and 5‑312 or for a protective arrangement pursuant to Title 18‑C, section 5‑501 . [PL 2017, c. 402, Pt. C, §55 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 2626 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2626
22 §2626. License from outside the State
Status: in_force

The Board of Licensure of Water System Operators, upon application for licensure, may issue a license without examination, in a comparable classification, to any person who holds a license in any state, territory or possession of the United States or any country, providing the requirements for licensure of operators under which the person's license was issued does not conflict with this chapter and, in the opinion of the board, are of a standard not lower than that specified by rules adopted under this chapter. [PL 2003, c. 33, §8 (AMD).]
22 M.R.S. § 1689-B — ME Code / Title 22 / Subtitle 2 / Chapter 270-C / Section 1689-B
22 §1689-B. Enforcement
Status: in_force

This chapter is enforced by the Department of Health and Human Services, Division of Health Engineering. [PL 1991, c. 455, Pt. A, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 4066 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4066
22 §4066. Annual report
Status: in_force

The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1st each year covering the operations of the Office of Child and Family Services and the experience of the department with foster care and adoptions of children in the care and custody of the department, including but not limited to the following topics: [PL 1997, c. 322, §1 (NEW); PL 2013, c. 368, Pt. CCCC, §7 (REV).]

1. Types of reports. A listing of the types of reports on the operations of the Office of Child and Family Services that are available to the public, including a notice on how the public can request those reports; [PL 1997, c. 322, §1 (NEW); PL 2013, c. 368, Pt. CCCC, §7 (REV).]

2. Listing of services. A listing of services provided to children and their families and foster families and any services needed but not provided by the department, and a listing of problems experienced by children and their families and foster families; [PL 1997, c. 322, §1 (NEW).]

2-A. Contingency fund expenditures. A summary of expenditures from the Child Protective Services Contingency Fund established in section 4004, subsection 1, paragraph D , including annual spending, purposes for expenditures and ranges of expenditures for families; [PL 2021, c. 635, Pt. BBB, §1 (NEW).]

3. Custody. The number of children in the care and custody of the department, the average and median lengths of their custody and the number who were previously in the custody of the department; [PL 1997, c. 322, §1 (NEW).]

4. Reunification efforts. The number of children in the care and custody of the department in the process of reunification efforts, and the number in which parental rights have been terminated or are in the process of termination; [PL 1997, c. 322, §1 (NEW).]

5. Adoption. The number of children in the care and custody of the department available for adoption and the number of children adopted, identifying special needs and nonspecial needs; the number receiving adoption assistance; and the number adopted by their foster parents; [PL 1997, c. 322, §1 (NEW).]

6. Out-of-state placement. The number of children in the care and custody of the department placed out-of-state for hospitalization and residential care and the costs for each; and [PL 1997, c. 322, §1 (NEW).]

7. Analysis. An analysis of any major initiatives planned by the department to improve the functioning of the Office of Child and Family Services and the delivery of services to children in the care and custody of the department and their families and foster families. [PL 1997, c. 322, §1 (NEW); PL 2013, c. 368, Pt. CCCC, §7 (REV).]
22 M.R.S. § 331 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 331
22 §331. Subsequent review following changes in project
Status: in_force

When a certificate of need has been issued and changes occur as specified in this section, a subsequent review is required. [PL 2001, c. 664, §2 (NEW).]

1. Criteria for subsequent review. The following activities require subsequent review and approval if the department has previously issued a certificate of need and one or more of the following circumstances occur within 3 years after the approved activity is undertaken: A. There is a significant change in financing; [PL 2001, c. 664, §2 (NEW).] B. There is a change affecting the licensed or certified bed capacity as approved in the certificate of need; [PL 2001, c. 664, §2 (NEW).] C. There is a change involving the addition or termination of the health services proposed to be rendered; [PL 2001, c. 664, §2 (NEW).] D. There is a change in the site or the location of the proposed health care facility; or [PL 2001, c. 664, §2 (NEW).] E. There is a substantial change proposed in the design of the health care facility or the type of construction. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

2. Procedures for subsequent review. Any person proposing to undertake any activity requiring subsequent review and approval shall file with the department, within 30 days of the time that person first has actual knowledge of the circumstances requiring subsequent review, a notice setting forth the following information: A. The nature of the proposed change; [PL 2001, c. 664, §2 (NEW).] B. The rationale for the change including, where appropriate, an explanation of why the change was not set forth in the original application or letter of intent; and [PL 2001, c. 664, §2 (NEW).] C. Other pertinent detail subject to the procedures and criteria set forth in section 335 . [PL 2001, c. 664, §2 (NEW).] The department shall, within 30 days of receipt of the information, advise that person in writing whether the proposed change is approved. If not approved, the application must be treated as a new application under this Act. If approved, the department shall amend the certificate of need as appropriate. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 2614 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2614
22 §2614. Imminent hazards to public health
Status: in_force

1. Determination of imminent hazard. An imminent hazard shall be considered to exist when there is a violation of the state primary drinking water regulations, or when, in the judgment of the commissioner, a condition exists in a public water system or water supply which will cause a violation and will result in a serious risk to public health. [PL 1975, c. 751, §4 (NEW).]

2. Elimination of imminent hazard. In order to eliminate an imminent hazard, the commissioner may, without a prior hearing, issue an emergency order requiring the supplier of water to immediately take such action as is required under the circumstances to protect the public health. Actions required under the emergency order may include: A. The prohibition of transportation, sale, distribution or supplying of water; [PL 1975, c. 751, §4 (NEW).] B. The repair, installation or operation of feasible purification equipment or methods; [PL 1975, c. 751, §4 (NEW).] C. The notification of all potential users of the system, including travelers, of the nature, extent and possible health effects of the imminent hazard and precautions to be taken by users; or [PL 1975, c. 751, §4 (NEW).] D. The testing, sampling or other analytical operations required to determine the nature, extent, duration or termination of the imminent hazard. [PL 1975, c. 751, §4 (NEW).] A copy of the emergency order shall be served in the same manner as the service of notice of the commencement of a civil action in Superior Court. An emergency order issued by the commissioner shall be effective immediately and shall be binding for no more than 90 days unless sooner revoked, reviewed by the department at a public hearing or modified or rescinded by a Superior Court. At the written request of the supplier of water, a public hearing shall be held on the emergency order within 15 days of receipt of such request. [PL 1975, c. 751, §4 (NEW).]

3. Boil-water order. For the purposes of this section and section 2615, "boil-water order" means an order issued by the commissioner to protect the health of persons consuming water from a public water system that may be contaminated by pathogenic microorganisms. The boil-water order may immediately require the supplier of water to complete public notification of the threat to public health pursuant to section 2615 . A boil-water order may be issued when, in the judgment of the commissioner, a threat to the public health may exist from the presence of pathogenic microorganisms in a public water system. A boil-water order may be issued without a prior public hearing and served on the supplier of water by personal service, certified mail or by any other method if receipt is acknowledged by the supplier of water. At the written request of a supplier of water, a public hearing must be held on the boil-water order within 15 days of the receipt of the request. [PL 1995, c. 622, §4 (NEW).]
22 M.R.S. § 2033 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2033
22 §2033. Rebates or fee splitting prohibited
Status: in_force

The owner or director of a laboratory licensed under this Act, either personally or through an agent, may not practice in any manner that offers or implies to offer rebates to persons submitting specimens or other fee splitting inducements or participate in any fee splitting arrangement. This applies to contents of fee schedules, billing methods or personal solicitation. The contractual provision of laboratory services for a fixed fee independent of the number of specimens submitted for such services is declared to be a violation of this section. [PL 2011, c. 531, §4 (AMD).]
22 M.R.S. § 3816 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3816
22 §3816. Income withholding
Status: in_force

1. Payor duty. Twenty-one days after the department has served a notice to repay, the department may serve an income withholding order upon the obligor's employer or other payor of income to collect the amount of the overpayment not recouped, repaid or otherwise recovered by the department, unless collection action is stayed in accordance with section 3813, subsection 6 . Upon receipt of an income withholding order issued by the department, the employer or other payor of income shall begin withholding immediately from the obligor's income the amount specified in the withholding order. Income withheld must be sent to the department within 10 days of the date of the withholding. The department shall send the obligor a copy of an income withholding order issued under this section to the obligor's most recent address of record. [PL 1993, c. 654, §1 (NEW).]

2. Withholding order; payor notice. An income withholding order must state: A. The name of the obligor; [PL 1993, c. 654, §1 (NEW).] B. The amount owed to the department; [PL 1993, c. 654, §1 (NEW).] C. The amount of income that the employer or other payor of income is required to withhold; [PL 1993, c. 654, §1 (NEW).] D. That withholding must take place when the obligor is normally paid and that income withheld must be sent to the department within 10 days of each withholding; [PL 1993, c. 654, §1 (NEW).] E. That the withholding order applies to current and subsequent periods of employment; [PL 1993, c. 654, §1 (NEW).] F. The income exemption amount and limitation on withholding provided for by this chapter; and [PL 1993, c. 654, §1 (NEW).] G. The substance of any other rights, obligations and liabilities of the employer or other payor of income provided for or imposed by this chapter. [PL 1993, c. 654, §1 (NEW).] [PL 1993, c. 654, §1 (NEW).]

3. Limitation of amount. An income withholding order may not exceed 25% of the obligor's gross income and is subject to the income exemption amounts specified in section 3815 . [PL 1993, c. 654, §1 (NEW).]

4. Hearing. An obligor may request a hearing to contest the issuance of an income withholding order. 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 withholding order. 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 withholding order. At hearing the obligor may contest the accuracy of the income withholding order and whether the order was issued 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).]

5. Decision after hearing. The department shall render a decision after hearing without undue delay as to the accuracy of the terms of the withholding order and whether the order 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's most recent address of record. The decision must state 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).]

6. Duration of withholding. An income withholding order remains in effect until: A. Released in writing by the department; or [PL 1993, c. 654, §1 (NEW).] B. The order is released or superseded by a subsequent court order. [PL 1993, c. 654, §1 (NEW).] [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 4063-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4063-A
22 §4063-A. Medical and psychological examination; provision of medical information
Status: in_force

1. Physical examination required. The department shall ensure that a child ordered into its custody receives a medical examination by a licensed physician or nurse practitioner within 10 working days after the department's custody of the child commences. [PL 2019, c. 162, §1 (AMD).]

2. Psychological assessment. If the physician or nurse practitioner who performs a physical examination pursuant to subsection 1 determines that a psychological assessment of the child is appropriate, the department shall ensure that an appointment is obtained for such an assessment within 30 days of the physical examination. [PL 1991, c. 194 (NEW).]

3. Medical, dental, educational and behavioral assessment reimbursable. The department shall provide for reimbursement under MaineCare for a comprehensive medical, dental, educational and behavioral assessment, which includes obtaining relevant records, when a child enters the custody of the department. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A to implement this subsection. [PL 2019, c. 162, §1 (NEW).]
22 M.R.S. § 7807 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7807
22 §7807. License not required
Status: in_force

A license is not required to operate an independent housing with services program, as defined in section 7852 . [PL 2003, c. 449, §1 (NEW).]
22 M.R.S. § 7938 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7938
22 §7938. Rule-making authority to implement receivership law
Status: in_force

The department may adopt regulations as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 , to implement this chapter. [PL 1983, c. 454 (NEW).]