22 M.R.S. § 1555-E — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-E
22 §1555-E. Reduced ignition propensity cigarettes
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agent" means any person licensed by the State Tax Assessor to purchase and affix stamps on packages of cigarettes. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. "ASTM" means the American Society of Testing and Materials or a successor organization. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains any roll of tobacco wrapped in paper or in any substance not containing tobacco or in any substance other than tobacco and, because of its appearance, the type of tobacco used or its packaging or labeling, is offered to or purchased by consumers as a cigarette. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. "Distributor" has the same meaning as in Title 36, section 4401, subsection 2 . [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] E. "Manufacturer" means: (1) An entity that manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced anywhere, that the entity intends to be sold in this State, including cigarettes intended to be sold in the United States through an importer; (2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or (3) An entity that becomes a successor of an entity described in subparagraph (1) or (2). [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] F. "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing under subsection 2 . A quality control and quality assurance program ensures that the testing repeatability remains within the required repeatability values stated in subsection 2, paragraph A , subparagraph (6) for all test trials used to certify cigarettes in accordance with this section. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] G. "Repeatability" means the range of values within which the results of repeated cigarette test trials from a single laboratory will fall 95% of the time. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] H. "Sale" means any transfer of possession or exchange or barter, conditional or otherwise, of cigarettes in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts and the exchanging of cigarettes for any consideration other than money are considered sales. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] I. "Sell" includes offering to sell or agreeing to sell. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] J. "Tobacco retailer" has the same meaning as in section 1551, subsection 3‑A . [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

2. Test methods and performance standards. Cigarette test methods and performance standards are governed by the provisions of this subsection. A. Unless federal law provides otherwise, cigarettes may not be sold or offered for sale in this State or offered for sale or sold to persons located in this State unless the cigarettes have been tested in accordance with the test methods and meet the performance standards specified in this subsection, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with subsection 3 and the cigarettes have been marked in accordance with subsection 4 . (1) Testing of cigarettes must be conducted in accordance with ASTM Standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes." (2) Testing must be conducted on 10 layers of filter paper. (3) No more than 25% of the cigarettes tested in a test trial in accordance with this subsection may exhibit full-length burns. Forty replicate tests constitutes a complete test trial for each cigarette tested. (4) The performance standards required by this subsection may be applied only to a complete test trial. (5) Written certifications must be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standards required by the State Fire Marshal. (6) Laboratories conducting testing in accordance with this subsection shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value must be no greater than 0.19. (7) This subsection does not require additional testing if cigarettes are tested consistent with this section for any other purpose. (8) Testing performed or sponsored by the State Fire Marshal to determine a cigarette's compliance with the performance standards required by this subsection must be conducted in accordance with this subsection. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. Each cigarette listed in a certification submitted pursuant to subsection 3 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standards set forth in this subsection must have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least 2 bands located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column or 10 millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. The provisions of this paragraph apply to alternative test methods. (1) A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test methods prescribed in paragraph A shall propose test methods and performance standards for the cigarette to the State Fire Marshal. Upon approval of the proposed test methods and a determination by the State Fire Marshal that the performance standards proposed by the manufacturer are equivalent to the performance standards prescribed in paragraph A , the manufacturer may employ the test methods and performance standards to certify the cigarette pursuant to subsection 3 . (2) If a manufacturer has certified a cigarette pursuant to subsection 3 and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced ignition propensity standards required by this section, that cigarette may not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in this subsection and maintains records of that retesting as required by this subsection. Any altered cigarette that does not meet the performance standards set forth in this subsection may not be sold in this State. (3) If the State Fire Marshal determines that another state has enacted reduced ignition propensity standards that include test methods and performance standards that are the same as those contained in this subsection and finds that the officials responsible for implementing those requirements have approved the proposed alternative test methods and performance standards for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test methods and performance standards to certify that cigarette for sale in this State, unless the State Fire Marshal finds a reasonable basis that the alternative test should not be accepted under this section. All other applicable requirements of this subsection apply to the manufacturer. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of 3 years and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request commits a civil violation for which a fine not to exceed $5,000 must be applied for each day after the 60th day that the manufacturer does not make such copies available. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] E. The State Fire Marshal may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph A , subparagraph (3). [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

3. Certification. This subsection governs the certification of cigarettes under this section. A. Each manufacturer shall submit to the State Fire Marshal a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with subsection 2 ; and (2) Each cigarette listed in the certification meets the performance standards set forth in subsection 2 . [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. Information listed in the certification of each cigarette must include: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with subsection 4 ; (9) The name, address and telephone number of the laboratory, if different than the manufacturer, that conducted the test; and (10) The date that the testing occurred. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. The manufacturer must make a certification available to the Attorney General for purposes consistent with this section and the State Tax Assessor for the purposes of ensuring compliance with this section. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. Each cigarette certified under this subsection must be recertified every 3 years. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

4. Marking of cigarette packaging. The provisions of this subsection govern marking of cigarette packaging. A. The packaging of cigarettes that are certified by a manufacturer in accordance with subsection 3 must be marked to indicate compliance with the requirements of subsection 2 . The marking must be in 8-point or larger type and consist of: (1) Modification of the universal product code to include a visible mark printed in the area of the universal product code. This mark may consist of an alphanumeric or symbolic character or characters permanently stamped, engraved, embossed or printed in conjunction with the universal product code; or (2) Any visible combination of alphanumeric or symbolic characters or text permanently stamped, engraved or embossed upon the cigarette package or cellophane wrap. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons and cases, and brands marketed by that manufacturer. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the State Fire Marshal for approval. Upon receipt of the request, the State Fire Marshal shall approve or disapprove the marking offered, except that the State Fire Marshal shall approve any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings are deemed approved if the State Fire Marshal fails to act within 10 business days of receiving a request for approval. The State Fire Marshal shall notify the State Tax Assessor as to the marking that has been approved. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. A manufacturer may not modify its approved marking unless the modification has been approved by the State Fire Marshal in accordance with this subsection. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] E. A manufacturer certifying cigarettes in accordance with subsection 3 shall provide a copy of the certification to all distributors and agents to which the manufacturer sells cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each tobacco retailer to which the distributors or agents sell cigarettes. Distributors and agents shall provide copies of these illustrations to all tobacco retailers to which they sell cigarettes. Distributors, agents and tobacco retailers shall permit the State Fire Marshal, the State Tax Assessor, the Attorney General and their employees to inspect cigarette packaging marked in accordance with this subsection. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

5. Violations. Penalties for violating this section are as set out in this subsection. A. A manufacturer, distributor, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of subsection 2, paragraph A commits a civil violation for which a fine of not more than $10,000 per each sale of cigarettes must be imposed. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. A manufacturer, distributor, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of subsection 2, paragraph A and has previously been adjudicated of violating that subsection commits a civil violation for which a fine of not more than $25,000 per each sale of cigarettes must be imposed, except that the fine against any one person or entity may not exceed $100,000 during any 30-day period. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. A tobacco retailer who knowingly sells 1,000 cigarettes or less in violation of subsection 2, paragraph A commits a civil violation for which a fine of not more than $500 per each sale or offer for sale of cigarettes must be imposed. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. A tobacco retailer who commits a violation as described in paragraph C and has previously been adjudicated of committing that violation commits a civil violation for which a fine of not more than $2,000 per each sale or offer for sale of cigarettes must be imposed. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] E. A tobacco retailer who knowingly sells more than 1,000 cigarettes in violation of subsection 2, paragraph A commits a civil violation for which a fine of not more than $1,000 per each sale or offer for sale of cigarettes must be imposed, except that this fine against any tobacco retailer may not exceed $25,000 during a 30-day period. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] F. A tobacco retailer who commits a violation as described in paragraph E and has previously been adjudicated of committing that violation commits a civil violation for which a fine of not more than $5,000 per each sale or offer for sale of cigarettes must be imposed, except that this fine against any tobacco retailer may not exceed $25,000 during a 30-day period. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] G. In addition to any other penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to subsection 3 commits a civil violation for which a fine of not less than $75,000 must be imposed for each false certification. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] H. A corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that commits a violation as described in paragraph G after having previously being adjudicated of committing that violation commits a civil violation for which a fine of at least $75,000 and not more than $250,000 must be imposed for each false certification. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] I. A person who commits a violation of a provision of this section other than those described in paragraphs A to H commits a civil violation for which a fine of not more than $1,000 must be imposed for each violation. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] J. A person who commits a violation as described in paragraph I and has been previously adjudicated of committing a violation described in paragraph I commits a civil violation for which a fine of not more than $5,000 must be imposed for each violation. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

6. Forfeiture. Any cigarettes that have been sold or offered for sale that do not comply with the performance standards required by this section are subject to forfeiture under Title 36, section 4372‑A , as long as, prior to the destruction of any cigarette forfeited pursuant to these provisions, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

7. Injunctive relief. In addition to any other remedy provided by law, the Attorney General may file an action in District Court or Superior Court for a violation of this section, including petitioning for injunctive relief or to recover any costs or damages suffered by the State because of a violation of this section, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the State Fire Marshal or Attorney General may obtain relief. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

8. Implementation. This section must be implemented as set out in this subsection. A. The State Fire Marshal may adopt routine technical rules, pursuant to Title 5, chapter 375, subchapter 2‑A , necessary to effectuate the purposes of this section. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] B. The State Tax Assessor in the regular course of conducting inspections of distributors, agents and tobacco retailers, as authorized under Title 36, section 4373‑A , may inspect cigarette packaging to determine if it is marked as required in subsection 4 . If the packaging is not marked as required, the State Tax Assessor shall notify the State Fire Marshal. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] C. Beginning in 2009 and every 3 years thereafter, the State Fire Marshal shall review the effectiveness of this section and report to the Legislature the State Fire Marshal's findings and, if appropriate, recommendations for legislation to improve the effectiveness of the implementation of the standards and certification of those standards in this section. The report and legislative recommendations must be submitted no later than March 1st of each year a report is required. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] D. This section must be implemented by the State Fire Marshal in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes or a comparable or successor standard. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).] [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

9. Inspection. To enforce the provisions of this section, the Attorney General and the State Fire Marshal may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are manufactured, tested, placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Such a person shall give the Attorney General and the State Fire Marshal the means, facilities and opportunity for the examinations authorized by this subsection. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

10. Fire Prevention and Public Safety Fund. The Fire Prevention and Public Safety Fund is established as a nonlapsing fund. The fund must consist of all money recovered as penalties for violations of this section. The money must be deposited to the credit of the fund and, in addition to any other money made available for such purpose, must be made available to the State Fire Marshal to support fire safety and prevention programs. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]

11. Sale outside of State. Nothing in this section may be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of this section if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State. [PL 2007, c. 253, §1 (NEW); PL 2007, c. 253, §3 (AFF).]
22 M.R.S. § 1580-A — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-A
22 §1580-A. Smoking in places of employment
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Title. This law shall be known as the "Workplace Smoking Act of 1985." [PL 1985, c. 126 (NEW).]

2. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Business facility" means a structurally enclosed location or portion thereof at which employees perform services for their employer. A business facility does not include any workplace or portion of a workplace that also serves as the employee's or employer's personal residence. A business facility is a place of employment. Notwithstanding this paragraph, a personal residence or unit or apartment in a residential facility is a business facility only during the period of time that an employee is physically present to perform work there. A residential facility, nursing home or a hospital is a business facility. [PL 2009, c. 300, §4 (AMD).] A-1. "Club" means a reputable group of individuals, including a veterans' service organization chartered under 36 United States Code, Subtitle II, Part B (2004), incorporated and operating in a bona fide manner solely for purposes of a recreational, social, patriotic or fraternal nature and not for pecuniary gain. [PL 2005, c. 338, §3 (NEW).] A-2. "Designated smoking area" means an outdoor area where smoking is permitted, which must be at least 20 feet from entryways, vents and doorways. [PL 2009, c. 300, §5 (NEW).] B. "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, expressed or implied. Employee includes a person employed by the State or a political subdivision of the State. [PL 1985, c. 126 (NEW).] C. "Employer" means a person who has one or more employees. Employer includes an agent of an employer and the State or a political subdivision of the State. [PL 1985, c. 126 (NEW).] C-1. "Member" means a person who, whether as a charter member or admitted in accordance with applicable bylaws, is a bona fide member of a club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. A person who does not have full membership privileges may not be considered a bona fide member. [PL 2005, c. 338, §3 (NEW).] C-2. "Qualifying club" means a veterans' service organization chartered under 36 United States Code, Subtitle II, Part B (2004) that is not open to the public or any other club that was not open to the public and that was in operation prior to January 1, 2004. [PL 2005, c. 581, §1 (NEW).] C-3. "Residential facility" means a facility with one or more residential units or apartments that is licensed by the Department of Health and Human Services. [PL 2009, c. 300, §6 (NEW).] D. (TEXT EFFECTIVE UNTIL 1/05/26) "Smoking" means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off or containing any substance giving off tobacco smoke. [PL 1985, c. 126 (NEW).] D. (TEXT EFFECTIVE 1/05/26) "Smoking" means carrying or having in one's possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or other plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. "Smoking" includes the use of an electronic smoking device as defined in section 1541, subsection 1‑A. [PL 2025, c. 367, §14 (AMD); PL 2025, c. 367, §20 (AFF).] [PL 2009, c. 300, §§4-6 (AMD); PL 2025, c. 367, §14 (AMD); PL 2025, c. 367, §20 (AFF).]

3. Policy; notice. Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which the employer is responsible, subject to paragraph A. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy must prohibit smoking indoors subject to paragraph A , prevent environmental tobacco smoke from circulating into enclosed areas and prohibit smoking outdoors except in designated smoking areas. The policy may prohibit smoking throughout the business facility, including outdoor areas. The employer shall post and supervise the implementation of the policy. The employer shall provide a copy of this policy to any employee upon request. Nothing in this section may be construed to subject an employer to any additional liability, other than liability that may exist by law, for harm to an employee from smoking by others in any business facility covered by this section. A. All areas of a business facility into which members of the public are invited or allowed are governed by the provisions of chapter 262 . [PL 2009, c. 300, §7 (NEW).] B. The Maine Center for Disease Control and Prevention shall accept inquiries from employers and employees and shall, when requested, assist employers in developing a policy. [PL 2009, c. 300, §7 (NEW).] [PL 2009, c. 300, §7 (RPR).]

4. Violations. Any violation of this section is a civil violation for which a fine of not more than $100 may be adjudged, except that a fine of not more than $1,500 may be adjudged for each violation of this section in cases in which the employer has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this section. The Bureau of Health has authority to enforce provisions of this section. [PL 2005, c. 338, §4 (AMD).]

4-A. Injunctive relief. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction and fines, penalties and equitable relief, and may seek to prevent or restrain violations of this section by any person. [PL 2005, c. 338, §5 (NEW).]

5. Civil remedies. Nothing in the section may be construed as precluding any person from pursuing, in any court of competent jurisdiction, any civil remedy that person may have at law or in equity for harm occasioned to that person from smoking by others in any business facility covered by this section. [PL 1985, c. 126 (NEW).]

6. Discharge, discipline or discrimination against employees. It is unlawful for any employer to discharge, discipline or otherwise discriminate against any of its employees because that employee has assisted in the supervision or enforcement of this section. [PL 1985, c. 126 (NEW).]

7. Application. [PL 2005, c. 683, Pt. G, §1 (AMD); PL 2005, c. 683, Pt. G, §3 (AFF); MRSA T. 22 §1580-A, sub-§7 (RP).]

8. Effective date. This section shall take effect January 1, 1986. [PL 1985, c. 126 (NEW).]

9. Exception. Beginning September 1, 2006, and notwithstanding any provision to the contrary in this section, a qualifying club may allow smoking in its business facility in accordance with the following provisions. A. Policies concerning smoking must have been mutually agreed upon by the employer and all the employees. [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] B. The qualifying club must have met the requirements of this paragraph. (1) The qualifying club must have written policies allowing onto the premises only the employer and employees, members and invited guests accompanied by a member. (2) A vote in favor of smoking has been conducted according to the following provisions: (a) The qualifying club must provide all members notice of the date of the vote at least 30 days prior to the vote and an opportunity for an absentee ballot. Information designed to influence the vote of the member may not be provided with the notice and the absentee ballot; (b) Members may not be subjected to undue influence regarding the vote; (c) A majority of all valid ballots received must be in favor of smoking; and (d) The ballot and procedures for voting and making available, collecting and counting absentee ballots must meet the requirements established by rule adopted by the Maine Center for Disease Control and Prevention. (3) The qualifying club must have provided written notice to the Maine Center for Disease Control and Prevention of the results of the vote within 30 days of the vote. [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] C. The qualifying club may allow smoking under authority of this subsection for no longer than 3 years from the date of the vote. [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] D. The qualifying club may revote under this subsection at any time. [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] E. The qualifying club must have retained all ballots for at least 3 years and make them available to the Maine Center for Disease Control and Prevention upon request. [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] F. The Maine Center for Disease Control and Prevention shall adopt rules to implement this subsection. Rules adopted pursuant to this subparagraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 581, §3 (NEW); PL 2005, c. 683, Pt. G, §3 (AFF).] [PL 2005, c. 683, Pt. G, §2 (AMD); PL 2005, c. 683, Pt. G, §3 (AFF).]
22 M.R.S. § 2949 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2949
22 §2949. Who may make anatomical gift of decedent's body or part
Status: in_force

1. Gift by members of class; priority. Subject to subsections 2 and 3 and unless barred by subsection 4 , an anatomical gift of a decedent's body or part for purposes of transplantation, therapy, research or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available: A. An agent of the decedent at the time of death who could have made an anatomical gift under section 2944, subsection 2 immediately before the decedent's death; [PL 2007, c. 601, §2 (NEW).] B. The spouse of the decedent; [PL 2007, c. 601, §2 (NEW).] C. The domestic partner of the decedent. For purposes of this section, "domestic partner" means a registered domestic partner or one of 2 unmarried adults who had been domiciled together under long-term arrangements that evidenced a commitment to remain responsible indefinitely for each other's welfare, including evidence of an emotional, physical or financial relationship with the decedent similar to that of a spouse; [PL 2021, c. 567, §24 (AMD).] D. Adult children of the decedent; [PL 2007, c. 601, §2 (NEW).] E. Parents of the decedent; [PL 2007, c. 601, §2 (NEW).] F. Adult siblings of the decedent; [PL 2007, c. 601, §2 (NEW).] G. Adult grandchildren of the decedent; [PL 2007, c. 601, §2 (NEW).] H. Grandparents of the decedent; [PL 2007, c. 601, §2 (NEW).] I. An adult who exhibited special care and concern for the decedent who is familiar with the decedent's personal values; [PL 2007, c. 601, §2 (NEW).] J. The person or persons acting as the guardian of the person of the decedent at the time of death; and [PL 2007, c. 601, §2 (NEW).] K. Any other person having the authority to dispose of the decedent's body. [PL 2007, c. 601, §2 (NEW).] [PL 2021, c. 567, §24 (AMD).]

2. Anatomical gift by member of class unless object. If there is more than one member of a class listed in subsection 1, paragraph A , D , E , F , G , H or J entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 2951 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. [PL 2007, c. 601, §2 (NEW).]

3. Member of prior class reasonably available. No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

4. Gift barred. An anatomical gift may not be made if doing so is barred by section 2947 or 2948 . [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3174-V — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-V
22 §3174-V. Federally qualified health center reimbursements
Status: in_force

The reimbursement requirements set forth in this section apply to payments for certain federally qualified health centers as defined in 42 United States Code, Section 1395x, subsection(aa)(1993). [PL 2021, c. 747, §1 (AMD).]

1. Services furnished by center. The department shall reimburse a federally qualified health center no less than 100% of reasonable costs, reduced by the total copayments for which members are responsible, for services furnished by the center within the scope of service approved by the federal Health Resources and Services Administration or the commissioner if that center: A. Is receiving a grant under Section 330 of the federal Public Health Services Act; or [PL 1999, c. 401, Pt. T, §1 (NEW).] B. Is receiving funding under contract with the recipient of a grant under Section 330 of the federal Public Health Services Act, is identified as a subrecipient in the Section 330 grantee's approved scope of work and meets the requirements to receive a grant under Section 330 of that Act. [PL 1999, c. 401, Pt. T, §1 (NEW).] [PL 2003, c. 20, Pt. K, §11 (AMD).]

2. Contracted services. When a federally qualified health center otherwise meeting the requirements of subsection 1 contracts with a managed care plan or the Dirigo Health Program for the provision of MaineCare services, the department shall reimburse that center the difference between the payment received by the center from the managed care plan or the Dirigo Health Program and 100% of the reasonable cost, reduced by the total copayments for which members are responsible, incurred in providing services within the scope of service approved by the federal Health Resources and Services Administration or the commissioner. Any such managed care contract must provide payments for the services of a center that are not less than the level and amount of payment that the managed care plan or the Dirigo Health Program would make for services provided by an entity not defined as a federally qualified health center. [PL 2005, c. 400, Pt. C, §1 (AMD).]

3. Updated base year option. No later than March 1, 2023, the department shall provide an alternative, updated prospective payment method for each federally qualified health center that is the same as the prospective payment system set forth in 42 United States Code, Section 1396a(bb)(3), except that the base year for determining the costs of providing services must be the average of the reasonable costs incurred in the center's fiscal years ending in 2018 and 2019, adjusted for any change in scope adjustments approved since the base year and for inflation measured by the federally qualified health center market basket percentage published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services. Each federally qualified health center must be given the option to be reimbursed under the method provided by this subsection or under the method provided by federal law. After December 31, 2023, the department may update the base year described in this subsection to a more recent base year. [RR 2023, c. 1, Pt. A, §14 (COR).]

4. Change in scope adjustments. The department's method for adjusting for changes in the scope of services provided by a federally qualified health center under the payment model provided under subsection 3 or 42 United States Code, Section 1396a(bb)(3) must adjust the center's reimbursement rate to reflect changes in its costs of providing services whenever the center establishes that it has experienced a material change in either: A. The type, intensity, duration or quantity of services provided; or [PL 2021, c. 747, §3 (NEW).] B. The characteristics of the population receiving a service that affect the cost of the service. [PL 2021, c. 747, §3 (NEW).] An adjustment under this subsection must reflect costs incurred retroactive to the date that the department received the federally qualified health center request for the adjustment, unless the department determines that the change in scope was due to conditions or events that were beyond the control of the federally qualified health center, in which case the adjustment must be retroactive to the more recent of the date that the federally qualified health center incurred the cost increases requiring an adjustment and the date that is one year prior to the date the department received the federally qualified health center change in scope request. [PL 2021, c. 747, §3 (NEW).]

5. Alternative payment model. The following requirements apply to any alternative payment model developed by the department for payments to federally qualified health centers. A. The alternative payment model must be consistent with the requirements of 42 United States Code, Section 1396a(bb). [PL 2021, c. 747, §4 (NEW).] B. As long as federal law continues to require that the department allow a federally qualified health center to elect to use the prospective payment system set forth in 42 United States Code, Section 1396a(bb)(3), the alternative payment model developed under this subsection must be an additional option and not a replacement of the updated base year option provided in subsection 3 . [PL 2021, c. 747, §4 (NEW).] C. In developing the alternative payment model, the department shall consult with federally qualified health centers and provide a reasonable opportunity for dialogue and exchange of data before any rule implementing such a model is proposed. [PL 2021, c. 747, §4 (NEW).] [PL 2021, c. 747, §4 (NEW).]

6. Rulemaking. The department may adopt rules to implement subsections 3 to 5 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 747, §5 (NEW).]
22 M.R.S. § 2610 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2610
22 §2610. Maine Drinking Water Fund
Status: in_force

1. Establishment; administration. The Maine Drinking Water Fund, referred to in this section as "the fund," is established as provided in this section. A. The fund is established as a nonlapsing fund to provide financial assistance, in accordance with subsection 2 , for the acquisition, planning, design, construction, reconstruction, enlargement, repair, protection and improvement of public water systems, drinking water supplies and water treatment facilities. [PL 2009, c. 377, §1 (NEW).] B. The department shall administer the fund. The fund must be invested in the same manner as permitted for investment of funds belonging to the State or held in the State Treasury. The fund must be established and held separate from any other funds and used and administered exclusively for the purpose of this section. The fund consists of the following: (1) Sums that are appropriated by the Legislature or transferred to the fund from time to time from the State Water and Wastewater Infrastructure Fund, pursuant to Title 30‑A, section 6006‑H ; (2) Interest earned from the investment of fund balances; and (3) Other funds from any public or private source received for use for any of the purposes for which the fund has been established. [PL 2009, c. 377, §1 (NEW).] [PL 2009, c. 377, §1 (NEW).]

2. Uses. The fund may be used for one or more of the following purposes: A. To make grants to public water systems, pursuant to this section, for the acquisition, planning, design, construction, reconstruction, enlargement, repair, protection or improvement of public water systems, drinking water supplies or water treatment facilities; [PL 2009, c. 377, §1 (NEW).] B. To forgive loans held by public water systems for the acquisition, planning, design, construction, reconstruction, enlargement, repair, protection or improvement of public water systems, drinking water supplies or water treatment facilities; [PL 2009, c. 377, §1 (NEW).] C. To provide a state match for federal funds provided to the Safe Drinking Water Revolving Loan Fund, pursuant to Title 30‑A, section 6006‑B ; [PL 2009, c. 377, §1 (NEW).] D. To invest available fund balances and to credit the net interest income on those balances to the fund; and [PL 2009, c. 377, §1 (NEW).] E. To pay the costs of the department associated with the administration of the fund, as long as no more than 5% of the aggregate of the highest fund balance in any fiscal year is used for these purposes. [PL 2009, c. 377, §1 (NEW).] [PL 2009, c. 377, §1 (NEW).]

3. Rules. The department shall adopt rules necessary to implement this section, including rules to establish one or more grant programs in accordance with subsection 2, paragraph A . Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 377, §1 (NEW).]
22 M.R.S. § 328 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 328
22 §328. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 664, §2 (NEW).]

1. Access to care. "Access to care" means the ability to obtain in a timely manner needed personal health services to achieve the best possible health outcomes balanced by the health system's resource limitations. Access to care may be influenced by many factors, including, without limitation, travel, distance, waiting time, available resources, availability of a source of care and the health status of the population served. [PL 2001, c. 664, §2 (NEW).]

2. Ambulatory surgical facility. "Ambulatory surgical facility" means a facility, not part of a hospital, that provides surgical treatment to patients not requiring hospitalization. "Ambulatory surgical facility" does not include the offices of private physicians or dentists, whether in individual or group practice. [PL 2001, c. 664, §2 (NEW).]

3. Capital expenditure. "Capital expenditure" means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. [PL 2001, c. 664, §2 (NEW).]

3-A. Capital investment fund. [PL 2011, c. 213, §2 (RP).]

4. Construction. "Construction," when used in connection with "health care facility," means the establishment, erection, building, purchase or other acquisition of a health care facility. [PL 2001, c. 664, §2 (NEW).]

5. Development. "Development," when used in connection with health service, means the undertaking of those activities that on their completion will result in the offering of a new health service to the public. [PL 2001, c. 664, §2 (NEW).]

6. Expenditure minimum for annual operating costs. "Expenditure minimum for annual operating costs" means, for services commenced after October 1, 1998, $400,000 for the 3rd fiscal year, including a partial first year. [PL 2001, c. 664, §2 (NEW).]

7. Generally accepted accounting principles. "Generally accepted accounting principles" means accounting principles approved by the American Institute of Certified Public Accountants or a successor organization. [PL 2001, c. 664, §2 (NEW).]

8. Health care facility. "Health care facility" means a hospital, psychiatric hospital, nursing facility, kidney disease treatment center including a freestanding hemodialysis facility, rehabilitation facility, ambulatory surgical facility, independent radiological service center, independent cardiac catheterization center or cancer treatment center. "Health care facility" does not include the office of a private health care practitioner, as defined in Title 24, section 2502, subsection 1‑A , whether in individual or group practice. In an ambulatory surgical facility that functions also as the office of a health care practitioner, the following portions of the ambulatory surgical facility are considered to be a health care facility: A. Operating rooms; [PL 2003, c. 469, Pt. C, §3 (NEW).] B. Recovery rooms; [PL 2003, c. 469, Pt. C, §3 (NEW).] C. Waiting areas for ambulatory surgical facility patients; [PL 2009, c. 383, §1 (AMD).] C-1. Any space with major medical equipment; and [PL 2009, c. 383, §2 (NEW).] D. Any other space used primarily to support the activities of the ambulatory surgical facility. [PL 2003, c. 469, Pt. C, §3 (NEW).] [PL 2009, c. 383, §§1, 2 (AMD).]

9. Health maintenance organization. "Health maintenance organization" means a public or private organization that: A. Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health services: usual physician services, hospitalization services, laboratory services, x-ray services, emergency and preventive health services and out-of-area coverage; [PL 2001, c. 664, §2 (NEW).] B. Is compensated, except for copayments, for the provision of the basic health services to enrolled participants on a predetermined periodic rate basis; and [PL 2001, c. 664, §2 (NEW).] C. Provides physicians' services primarily through physicians who are either employees or partners of the organization or through arrangements with individual physicians or one or more groups of physicians. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

10. Health need. "Health need" means a situation or a condition of a person, expressed in health outcome measures such as mortality, morbidity or disability, that is considered undesirable and is likely to exist in the future. [PL 2001, c. 664, §2 (NEW).]

11. Health planning. "Health planning" means data assembly and analysis, goal determination and the formulation of action recommendations regarding health services. [PL 2001, c. 664, §2 (NEW).]

12. Health services. "Health services" means clinically related services that are diagnostic, treatment, rehabilitative services or nursing services provided by a nursing facility. "Health services" includes alcohol or drug dependence, substance use disorder and mental health services. [PL 2017, c. 407, Pt. A, §64 (AMD).]

13. Health status. "Health status" means patient or population measures, or both, of good and poor health practices, rates of death and disease, both chronic and infectious, and the prevalence of symptoms or conditions, or both, of illness and wellness. [PL 2001, c. 664, §2 (NEW).]

14. Hospital. "Hospital" means an institution that primarily provides to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. "Hospital" also includes psychiatric and tuberculosis hospitals. [PL 2001, c. 664, §2 (NEW).]

15. Hospital swing bed. "Hospital swing bed" means an acute care bed licensed by the Office of MaineCare Services, Division of Licensing and Regulatory Services for the use also as a nursing care bed. Swing beds may be established only in rural hospitals with fewer than 100 licensed acute care beds. [PL 2019, c. 343, Pt. YY, §4 (AMD).]

16. Major medical equipment. "Major medical equipment" means a single unit of medical equipment or a single system of components with related functions used to provide medical and other health services that costs $3,200,000 or more. "Major medical equipment" does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and has been determined to meet the requirements of the United States Social Security Act, Title XVIII, Section 1861(s), paragraphs 10 and 11. In determining whether medical equipment costs more than the threshold provided in this subsection, the cost of studies, surveys, designs, plans, working drawings, specifications and other activities essential to acquiring the equipment must be included. If the equipment is acquired for less than fair market value, the term "cost" includes the fair market value. Beginning January 1, 2013 and annually thereafter, the threshold amount for review must be updated by the commissioner to reflect the change in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index, with an effective date of January 1st each year. [PL 2011, c. 424, Pt. A, §1 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

17. Modification. "Modification" means the alteration, improvement, expansion, extension, renovation or replacement of a health care facility or health maintenance organization or portions thereof, including the initial equipment, and the replacement of equipment or existing buildings. [PL 2001, c. 664, §2 (NEW).]

17-A. New health service. "New health service" means: A. The obligation of any capital expenditures by or on behalf of a new or existing health care facility of $3,000,000 or more that is associated with the addition of a health service that was not offered on a regular basis by or on behalf of the health care facility within the 12-month period prior to the time the services would be offered; [PL 2011, c. 424, Pt. A, §2 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] B. The addition of a health service that is to be offered by or on behalf of a new or existing health care facility that was not offered on a regular basis by or on behalf of the health care facility within the 12-month period prior to the time the services would be offered and that, for the 3rd fiscal year of operation, including a partial first year following addition of that service, is projected to entail incremental annual operating costs directly attributable to the addition of that health service of at least $1,000,000. For the purposes of this paragraph, the compensation attributable to the health care practitioner is not included in the calculation of 3rd-year operating costs; or [PL 2011, c. 424, Pt. A, §2 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] C. The addition in the private office of a health care practitioner, as defined in Title 24, section 2502, subsection 1‑A , of new technology that costs $3,200,000 or more. The department shall consult with the Maine Quality Forum Advisory Council established pursuant to Title 24‑A, section 6952 , prior to determining whether a project qualifies as a new technology in the office of a private practitioner. With regard to the private office of a health care practitioner, "new health service" does not include the location of a new practitioner in a geographic area. [PL 2011, c. 424, Pt. A, §2 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] Beginning January 1, 2013 and annually thereafter, the threshold amounts for review in paragraphs A , B and C must be updated by the commissioner to reflect the change in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index, with an effective date of January 1st each year. "New health service" does not include a health care facility that extends a current service within the defined primary service area of the health care facility by purchasing within a 12-month time period new equipment costing in the aggregate less than the threshold provided in subsection 16 ; [PL 2011, c. 424, Pt. A, §2 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

18. Nursing facility. "Nursing facility" means any facility defined under section 1812‑A . [PL 2001, c. 664, §2 (NEW).]

18-A. Nursing facility MaineCare funding pool. "Nursing facility MaineCare funding pool" means that limit established in accordance with section 333‑A for nursing facility projects. [PL 2007, c. 440, §1 (NEW).]

19. Obligation. An "obligation" for a capital expenditure that is considered to be incurred by or on behalf of a health care facility: A. When a contract, enforceable under the law of the State, is entered into by or on behalf of the health care facility for the construction, acquisition, lease or financing of a capital asset; [PL 2001, c. 664, §2 (NEW).] B. When the governing board of the health care facility takes formal action to commit its own funds for a construction project undertaken by the health care facility as its own contractor; or [PL 2001, c. 664, §2 (NEW).] C. In the case of donated property, on the date on which the gift is completed under the applicable law of the State. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

20. Offer. "Offer," when used in connection with "health services," means that the health care facility or health maintenance organization holds itself out as capable of providing or having the means to provide a health service. [PL 2001, c. 664, §2 (NEW).]

21. Person. "Person" means an individual; trust or estate; partnership; corporation, including associations, joint stock companies and insurance companies; the State or a political subdivision or instrumentality of the State, including a municipal corporation of the State; or any other legal entity recognized by state law. [PL 2001, c. 664, §2 (NEW).]

22. Person directly affected by a review. "Person directly affected by a review" includes: A. The applicant; [PL 2001, c. 664, §2 (NEW).] B. A group of 5 persons residing or located within the health service area served or to be served by the applicant; [PL 2011, c. 648, §1 (AMD).] C. A health care facility, a health maintenance organization or a health care practitioner that demonstrates that it provides similar services or, by timely filing a letter of intent with the department for inclusion in the record, indicates an intention to provide similar services in the future to patients residing in the health service area and whose services would be directly and substantially affected by the application under review; [PL 2001, c. 664, §2 (NEW).] D. A 3rd-party payor, including, without limitation, a health maintenance organization, that pays health care facilities for services in the health service area in which the project is proposed to be located and whose payments would be directly and substantially affected by the application under review; and [PL 2001, c. 664, §2 (NEW).] E. A person who demonstrates a direct and substantial effect upon that person's health care as a result of the application under review. [PL 2001, c. 664, §2 (NEW).] [PL 2011, c. 648, §1 (AMD).]

23. Predevelopment activity. "Predevelopment activity" means any appropriately capitalized expenditure by or on behalf of a health care facility made in preparation for the offering or development of a new health service for which a certificate of need would be required and arrangements or commitments made for financing the offering or development of the new health service and includes site acquisitions, surveys, studies, expenditures for architectural designs, plans, working drawings and specifications. [PL 2001, c. 664, §2 (NEW).]

24. Project. "Project" means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329 . [PL 2001, c. 664, §2 (NEW).]

25. Rehabilitation facility. "Rehabilitation facility" means an inpatient facility that is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical services and other services that are provided under competent professional supervision. [PL 2001, c. 664, §2 (NEW).]

26. Replacement equipment. "Replacement equipment" means a piece of capital equipment that replaces another piece of capital equipment that performs essentially the same functions as the replaced equipment. [PL 2001, c. 664, §2 (NEW).]

27. State Health Plan. [PL 2011, c. 90, Pt. J, §3 (RP).]
22 M.R.S. § 2704 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2704
22 §2704. Registration of births and deaths at Togus
Status: in_force

Certificates of live births, deaths and fetal deaths occurring at the federal facility known as Togus must be filed directly with the state registrar. The state registrar shall forward copies of all such certificates of live birth, death and fetal death to the clerk of the municipality where the parents of the child reside. [PL 2011, c. 511, §4 (AMD).]
22 M.R.S. § 51 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 51
22 §51. Exemption to written informed consent requirement for mental health services and substance use disorder treatment during public health emergency
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Licensed facility” means a facility licensed under Title 5, section 20005, subsection 6, paragraph B or Title 34‑B, section 1203‑A . [PL 2021, c. 637, §1 (NEW).] B. “Public health emergency” means a federal public health emergency declared pursuant to 42 United States Code, Section 247d or a state public health emergency declared pursuant to section 802 or Title 37‑B, chapter 13, subchapter 2 . [PL 2021, c. 637, §1 (NEW).] [PL 2021, c. 637, §1 (NEW).]

2. Informed consent. The department may not require a licensed facility to obtain written informed consent from a person receiving mental health services or substance use disorder treatment from the licensed facility during a public health emergency. A licensed facility shall obtain consent from a person receiving mental health services or substance use disorder treatment during a public health emergency; such consent may be obtained through verbal, electronic or written means. [PL 2021, c. 637, §1 (NEW).]

3. 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 2021, c. 637, §1 (NEW).]
22 M.R.S. § 4253 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4253
22 §4253. Applicability - Article 3 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Applicability. Except as otherwise provided in subsection 2 , this chapter applies to: A. The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected or deprived as defined by the laws of the sending state, as long as the placement of the child into a residential facility only requires notice of residential placement to the receiving state prior to placement; [PL 2007, c. 255, §6 (NEW).] B. The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if: (1) The child is being placed in a residential facility in another member state and is not covered under another compact; or (2) The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact; and [PL 2007, c. 255, §6 (NEW).] C. The interstate placement of any child by a public child placing agency or private child placing agency as a preliminary step to a possible adoption. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

2. Exceptions. The provisions of this chapter do not apply to: A. The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement as long as the placement is not intended to effectuate an adoption; [PL 2007, c. 255, §6 (NEW).] B. The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state; [PL 2007, c. 255, §6 (NEW).] C. The placement of a child, not subject to subsection 1 , into a residential facility by the child's parent; [PL 2007, c. 255, §6 (NEW).] D. The placement of a child with a noncustodial parent if: (1) The noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; (2) The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and (3) The court in the sending state dismisses its jurisdiction over the child's case; [PL 2007, c. 255, §6 (NEW).] E. A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country; [PL 2007, c. 255, §6 (NEW).] F. A case in which a citizen child living overseas with that child's family, at least one of whom is in the Armed Forces of the United States, and who is stationed overseas, is removed and placed in a state; and [PL 2007, c. 255, §6 (NEW).] G. The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Placement of child. For purposes of determining the applicability of this chapter to the placement of a child with a family member in the Armed Forces of the United States, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence. [PL 2007, c. 255, §6 (NEW).]

4. Prohibit concurrent application. Nothing in this chapter may be construed to prohibit the concurrent application of the provisions of this chapter with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The interstate commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children adopt like rules to ensure the coordination of services, timely placement of children and the reduction of unnecessary or duplicative administrative or procedural requirements. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 2158 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2158
22 §2158. Addition of certain substances limited
Status: in_force

Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, must be deemed to be unsafe for purposes of the application of section 2156, subsection 1, paragraph B ; but when such substance is so required or cannot be avoided, the Commissioner of Agriculture, Conservation and Forestry shall adopt rules limiting the quantity therein or thereon to such extent as the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed must be deemed to be unsafe for purposes of the application of section 2156, subsection 1, paragraph B . While such a rule is in effect limiting the quantity of any such substance in the case of any food, such food may not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of section 2156, subsection 1, paragraph A . In determining the quantity of such added substance to be tolerated in or on different articles of food, the commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. Goods that are prepared by a caregiver under section 2152, subsection 4‑A, paragraph G or in a food establishment that is a licensed facility under section 2167 and that contain cannabis for medical use by a qualifying patient, pursuant to chapter 558‑C , are not considered to be adulterated under this subchapter. [PL 2017, c. 452, §2 (AMD); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 3173-J — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-J
22 §3173-J. Rate-setting system for development and maintenance of sustainable, efficient and value-oriented MaineCare payment models and rates
Status: in_force

This section establishes a rate-setting system for the development and maintenance of MaineCare payment models and rates that comply with the requirement in 42 United States Code, Section 1396a that rates be consistent with efficiency, economy and quality of care; that are adequate to support MaineCare member access to services; and that are equitable and data-driven. [PL 2021, c. 639, §2 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative payment model" means a health care payment model that uses financial incentives to promote or leverage greater value for patients, purchasers, payers or providers and that connects at least a portion of reimbursement to performance on defined quality measures. [PL 2021, c. 639, §2 (NEW).] B. "MaineCare section of policy" means a set of MaineCare-covered services, as categorized by the department through the adoption of rules that specify the parameters for coverage. [PL 2021, c. 639, §2 (NEW).] C. "Rate determination" means a process conducted by the department to establish the reimbursement rate methodology, base rate amount or payment model for a MaineCare section of policy or for a specific covered service, whether through adoption or adaptation of a benchmark rate from another payer or development through a rate study. [PL 2021, c. 639, §2 (NEW).] D. "Rate study" means an analysis conducted by the department or its contracted vendor to develop a recommended rate methodology and resulting base rate amount and payment model based on the service model and cost components for the service. [PL 2021, c. 639, §2 (NEW).] [PL 2021, c. 639, §2 (NEW).]

2. Rate-setting system principles and processes. The department shall establish MaineCare provider reimbursement rates, including those paid through fee-for-service and alternative payment models. The rates must be established in accordance with the following principles and processes and adopted through rulemaking as described in subsection 3 . The department shall: A. Develop annually a schedule of rate determination by MaineCare section of policy in consultation with the MaineCare Rate Reform Expert Technical Advisory Panel established under subsection 5 as follows: (1) Post the rate determination schedule on its publicly accessible website; (2) Provide an opportunity for the public to review and comment on the rate determination schedule and make available a summary of these comments on its publicly accessible website; and (3) Conduct off-schedule rate determinations as the department finds appropriate; [PL 2021, c. 639, §2 (NEW).] B. Conduct or contract for, every 4 years, a comprehensive benchmarking report to compare MaineCare rates for all services to those paid by Medicare, at least 5 comparison Medicaid states and any appropriate Maine commercial payers. The department shall provide public notice of the initiation of the comprehensive benchmarking process, provide an opportunity for the public to review and comment on the draft report and make available a summary of these comments alongside the final report; [PL 2021, c. 639, §2 (NEW).] C. No less frequently than once every 5 years, conduct a rate determination process for each MaineCare section of policy or for a specific covered service, in accordance with the following procedures: (1) Provide public notice of initiation of the rate determination for a MaineCare section of policy or for a specific covered service; (2) Consider and, when appropriate, adopt alternative payment models that use financial incentives to promote or leverage greater value for the MaineCare program. This consideration must include a review of research on any available national models or best practices regarding payment models for the service; (3) Determine whether a Medicare rate is available for the service and whether the Medicare rate represents the most appropriate benchmark and payment model; (4) In the absence of a Medicare rate, determine whether a rate from a non-Medicare payer source, including, but not limited to, commercial health care rates in the State or other states' Medicaid rates, is available for the service and whether this alternate payer rate represents the most appropriate benchmark and payment model. The department shall determine an appropriate percentage of the benchmark rate for the service, taking into consideration the findings of the benchmarking report conducted in accordance with paragraph B ; (5) Conduct a rate study for every service for which a benchmark rate or payment model in accordance with subparagraph (3) or (4) either is unavailable or is inconsistent with the goals of efficiency, economy and quality of care to support member access. Each rate study must include the following: (a) A review of data, which must include: (i) An assessment as to whether the delivery of service and associated requirements have changed since the previous rate study, if available, to determine if the rate methodology needs to be revised; (ii) The collection of data on provider costs and cost-related aspects of the delivery of service and associated requirements through existing cost reports, provider surveys and other available data sources; and (iii) Research on any available national models or best practices regarding cost-related aspects of the delivery of service and associated requirements; and (b) Developing or updating rates by considering the following: (i) The appropriateness of adoption of a change in payment model consistent with the purposes of this section; (ii) The current rate assumptions and their appropriateness given current provider costs, best practices or changes in the delivery of service and associated requirements; (iii) The findings for related services of any comprehensive benchmarking report under paragraph B; and (iv) The degree to which services are dependent on MaineCare reimbursement, including, but not limited to, cost factors, such as average wage, that may be reflective of restraints of MaineCare reimbursement versus costs of the broader marketplace; and (6) Upon completion of the rate determination process, present the department's rationale and recommendations for rate methodology, resulting base rate amount and payment model for public comment prior to the rule-making process; convene a meeting of interested providers and other interested members of the public to discuss the recommendations and hear comments; and respond in writing to comments with an explanation of whether and how feedback was incorporated into the final rate determination; and [PL 2023, c. 238, §1 (AMD).] D. Ensure that base rate amounts developed under paragraph C are updated to keep pace with changes in the costs of delivering the service by: (1) For rates benchmarked to Medicare rates according to paragraph C , subparagraph (3), referencing Medicare rates for the most current year available, updated at least annually, and reviewing the current established percentage benchmark, as appropriate, taking into consideration the findings of the most recent benchmarking report conducted in accordance with paragraph B ; (2) For rates benchmarked to an alternate payer source in accordance with paragraph C , subparagraph (4), updating rates to the most current year of data for that payer source at least once every 2 years and reviewing the current established percentage benchmark, as appropriate, taking into consideration the findings of the benchmarking report conducted in accordance with paragraph B ; and (3) For base rates determined through a rate study in accordance with paragraph C , subparagraph (5), providing an annual cost-of-living adjustment effective on a consistent date to be established by the department for each service that has not received a rate adjustment within the 12 months prior to the effective date of the cost-of-living adjustment and for which the department determines benchmarking in accordance with paragraph C , subparagraph (3) or (4) is not appropriate or advisable. In establishing cost-of-living adjustments, the department shall: (a) Use inflation indices determined through rulemaking to reflect a reasonable cost of providing services for different categories of services; and (b) Maximize use of a single, consistent and general cost-of-living adjustment index, consistent with the cost-of-living adjustment applied to minimum wage laws, in order to ensure that the cost-of-living adjustment reflects increases to provider costs for delivering the service rather than other factors, such as private sector price increases or cost-shifting from different payers. [PL 2021, c. 639, §2 (NEW).] [PL 2023, c. 238, §1 (AMD).]

3. Rulemaking for establishment of rate methodology. In addition to the requirements of Title 5, chapter 375 , rulemaking for MaineCare provider reimbursement rate methodologies must comply with the following. A. Establishment of a rate methodology for a new MaineCare section of policy or specific new service or changes to an existing rate methodology must be adopted through rulemaking in accordance with the Maine Administrative Procedure Act. Rulemaking is not required for the addition of new billing codes or to specify rates for specific billing codes if there is no change in the overall methodology and rates are posted in accordance with this section. [PL 2021, c. 639, §2 (NEW).] B. For services the department benchmarks to Medicare or other available payer rates for reimbursement, the department shall adopt a rule specifying the percentage, frequency of benchmark updates for alternate payer sources and other aspects of the benchmark methodology. Additional rulemaking is not required for rate changes tied to the adopted benchmark methodology, or for the addition of new billing codes, unless the department changes the benchmarking percentage or methodology. [PL 2021, c. 639, §2 (NEW).] C. No later than July 1, 2023, the department shall adopt a rule specifying the appropriate cost-of-living adjustment methodology for different types of services in accordance with subsection 2, paragraph D , subparagraph (3). Additional rulemaking is not required for rate increases tied to annual cost-of-living adjustment increases unless the department changes the cost-of-living adjustment methodology. [PL 2021, c. 639, §2 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A unless rules to adopt MaineCare reimbursement rates are designated as major substantive rules in another section of law. [PL 2021, c. 639, §2 (NEW).]

4. Funding. The department may use funds from the MaineCare Stabilization Fund established in section 3174‑KK in order to fund the rate adjustments made in accordance with this section when funding may be needed in addition to appropriations associated with separate initiatives. [PL 2021, c. 639, §2 (NEW).]

5. MaineCare Rate Reform Expert Technical Advisory Panel. The MaineCare Rate Reform Expert Technical Advisory Panel, referred to in this subsection as "the panel," is established for the purpose of advising the commissioner by providing technical, nonpartisan, 3rd-party expertise to inform the department's planned schedule and actions on rate assumptions, payment models and other related technical matters. The panel may not propose rates or methodologies. The commissioner or the commissioner's designee shall serve as chair. A. The panel includes the following members: (1) A representative from the Maine Health Data Organization; (2) A representative from the Department of Professional and Financial Regulation, Bureau of Insurance; (3) A representative from the Department of Professional and Financial Regulation; (4) A representative from the department's division of licensing and certification; (5) A representative from the Office of Affordable Health Care; (6) A representative from the Department of Labor; and (7) A representative from the Department of Administrative and Financial Services. [PL 2021, c. 639, §2 (NEW).] B. The panel shall: (1) Review annual schedules of MaineCare sections of policy scheduled for rate determinations under subsection 2, paragraph A ; (2) Review assumptions and recommendations from rate determinations under subsection 2, paragraph C ; (3) Review findings from benchmarking reports to inform the appropriateness of MaineCare rate levels across services; and (4) Advise on other related technical matters, as appropriate. [PL 2021, c. 639, §2 (NEW).] C. The panel shall meet at least twice per year and as otherwise convened by the commissioner. Meetings of the panel are public, and the panel shall provide public notice of each meeting and an opportunity for public comment. [PL 2021, c. 639, §2 (NEW).] [PL 2021, c. 639, §2 (NEW).]

6. MaineCare Advisory Committee. The MaineCare Advisory Committee, required by 42 Code of Federal Regulations, Section 431.12 and further described in department rules, and referred to in this subsection as "the committee," shall participate in the department's rate-setting system in accordance with this subsection. A. The committee must include a permanent rate system subcommittee that allows broad participation by the full spectrum of types of MaineCare providers. Participation in the rate system subcommittee may not be limited by number or type of stakeholder in order to allow for participation by any stakeholder affected by MaineCare reimbursement policy and interested in participating in the work of the subcommittee. [PL 2021, c. 639, §2 (NEW).] B. At each meeting of the committee or rate system subcommittee, if requested by the chair of the committee or rate system subcommittee, the department shall provide updates on the department's planned and completed activities under this section for discussion and advisement, including, but not limited to, the following: (1) Schedule and status of rate determination, planned and in progress, by MaineCare section of policy; (2) Status of and plans for comprehensive benchmarking studies; and (3) Contemplated rulemaking to establish rate methodology resulting from rate determination processes. [PL 2021, c. 639, §2 (NEW).] C. The rate system subcommittee may formulate and present recommendations to the committee pertaining to the department's activities under this section. [PL 2021, c. 639, §2 (NEW).] [PL 2021, c. 639, §2 (NEW).]

7. Index of MaineCare rates by service code; publicly accessible website. The department shall maintain and annually update a centralized master index of rates by service code and post this index on its publicly accessible website. The index must contain the following: A. The service code, including any modifiers that affect reimbursement; [PL 2021, c. 639, §2 (NEW).] B. The current year rate; [PL 2021, c. 639, §2 (NEW).] C. The source for the rate, including, but not limited to, Medicare or alternate payer benchmark, rate study or other source, and the year and the author of the review, study or report that justified the rate; [PL 2021, c. 639, §2 (NEW).] D. The year the base rate was last updated prior to the application of any subsequent cost-of-living adjustments; [PL 2021, c. 639, §2 (NEW).] E. Whether the rate is subject to cost-of-living adjustments and, if so, the identity of the benchmark index; [PL 2021, c. 639, §2 (NEW).] F. The section of MaineCare policy pursuant to which the rate was adopted; and [PL 2021, c. 639, §2 (NEW).] G. The target date for the next rate review. [PL 2021, c. 639, §2 (NEW).] In addition to the index, the department shall post on its publicly accessible website all rate studies, benchmark reports and other materials used by the department to develop the rates and payment models. [PL 2021, c. 639, §2 (NEW).]

8. Notice prior to implementation. For planned rate changes that do not require rulemaking as described in subsection 3 , the department shall provide notice prior to implementation, of no less than 30 calendar days for cost-of-living adjustments and no less than 7 calendar days for Medicare fee schedule changes or the addition of new service codes, to stakeholders who request to receive such notice. [PL 2021, c. 639, §2 (NEW).]
22 M.R.S. § 5107-A — ME Code / Title 22 / Subtitle 4 / Chapter 1453 / Section 5107-A
22 §5107-A. Long-term care ombudsman program
Status: in_force

In accordance with the program established pursuant to section 5106, subsection 11‑C , the ombudsman may enter onto the premises of any residential care facility, as defined in section 7852, subsection 14 , licensed according to section 7801 , any assisted living facility licensed pursuant to chapter 1663 or 1664 and any nursing facility licensed according to section 1817 to investigate complaints concerning those facilities or to perform any other functions authorized by this section or other applicable law or rules. The ombudsman shall investigate complaints received on behalf of individuals receiving long-term care services provided by home-based care programs, the Medicaid waiver program, licensed home health agencies, assisted living services providers, certified homemaker agencies and licensed adult day care agencies. To carry out this function, any staff member or volunteer authorized by the ombudsman may enter onto the premises of any residential care facility, assisted living facility or nursing facility during the course of an investigation, speak privately with any individual in the facility who consents to the conversation and inspect and copy all records pertaining to a resident as long as the resident or the legal representative of the resident consents in writing to that inspection. The consent, when required and not obtainable in writing, may be conveyed orally or otherwise to the staff of the facility. When a resident is not competent to grant consent and has no legal representative, the ombudsman may inspect the resident's records and may make copies without the written consent of a duly appointed legal representative. The ombudsman may authorize as many individuals as necessary, in addition to staff, to carry out this function except that these individuals may not make copies of confidential client information. Appropriate identification must be issued to all such persons. In accordance with the federal 1987 Older Americans Act, 42 United States Code, as amended, a person may not serve as an ombudsman without training as to the rights and responsibilities of an ombudsman or without a specific plan of action under direction of the ombudsman. The ombudsman shall renew the authorization and issue identification annually. The findings of the ombudsman must be available to the public upon request. [PL 2001, c. 596, Pt. B, §9 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]

The ombudsman and volunteers shall visit, talk with and make personal, social and legal services available to residents; inform residents of their rights, entitlements and obligations under federal and state laws by distributing education materials and meeting with groups or individuals; assist residents in asserting their legal rights regarding claims for public assistance, medical care and social security benefits or in actions against agencies responsible for those programs, as well as in all other matters in which residents are aggrieved, including, but not limited to, advising residents to litigate; investigate complaints received from residents or concerned parties regarding care or other matters concerning residents; and participate as observer and resource in any on-site survey or other regulatory review performed by state agencies pursuant to state or federal law. [PL 1993, c. 284, §1 (AMD).]

The ombudsman may provide advocacy during the hospital discharge process to assist patients with complex medical needs who experience significant barriers in accessing long-term services and supports. If the ombudsman provides advocacy, the ombudsman shall ensure that the patient has information regarding available options including, but not limited to: home and community-based services provided under MaineCare or funded by the State; admission to a residential care facility as defined in section 7852, subsection 14 and licensed according to section 7801 ; admission to a nursing facility licensed according to section 1817 ; and admission to an assisted living facility or program licensed pursuant to chapter 1663 or 1664 . The ombudsman also may provide assistance to the patient after discharge from the hospital. [PL 2015, c. 506, §1 (NEW).]

Information or records maintained by the ombudsman concerning complaints may not be disclosed unless the ombudsman authorizes the disclosure. The ombudsman may not disclose the identity of any complainant or resident unless the complainant, the resident or a legal representative of either consents in writing to the disclosure or a court orders the disclosure. [PL 1991, c. 622, Pt. QQ, §2 (NEW).]

A complainant, a resident or a legal representative of either, in providing the consent, may specify to whom such identity may be disclosed and for what purposes, in which event no other disclosure is authorized. [PL 1991, c. 622, Pt. QQ, §2 (NEW).]

Any person, official or institution that in good faith participates in the registering of a complaint pursuant to this section or in good faith investigates that complaint or provides access to those persons carrying out the investigation about an act or practice in any residential care facility licensed according to section 7801 , any assisted living facility or program or any nursing facility licensed according to section 1817 or that participates in a judicial proceeding resulting from that complaint is immune from any civil or criminal liability that otherwise might result from these actions. For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this section did so in good faith. [PL 1995, c. 670, Pt. B, §4 (AMD); PL 1995, c. 670, Pt. D, §5 (AFF).]
22 M.R.S. § 2842 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2842
22 §2842. Registration of deaths
Status: in_force

Except as authorized by the department, a certificate of each death that occurs in this State must be filed with the State Registrar of Vital Statistics or clerk of the municipality where death occurred within a reasonable period of time, as specified by department rule, after the day on which death occurred and prior to the removal of the body from the State. [PL 2009, c. 601, §25 (AMD).]

1. Certificate filed by funeral director. The funeral director or other authorized person in charge of the disposition of the dead human body or its removal from the State is responsible for filing the certificate. The funeral director or authorized person shall obtain the personal data from the best qualified person or source available. [PL 2009, c. 601, §25 (AMD).]

1-A. Designation of gender. A death certificate for an individual must reflect the desired gender identity of the individual who has died if the person signing the certificate is aware of that desire either through a valid living will, advance health care directive or other record, including a record prepared by someone other than the individual. [PL 2023, c. 294, §3 (NEW).]

2. Medical certificate by physician, nurse practitioner or physician associate. The medical certification of the cause of death must be completed and signed in a timely manner, as specified by department rule, by a physician, nurse practitioner or physician associate authorized to practice in the State who has knowledge of the patient's recent medical condition, in accordance with department rules and other laws detailing who can certify and in what time frame, except when the death falls under the jurisdiction of the medical examiner as provided in section 3025 . If the patient was a resident of a nursing home licensed under section 1817 at the time of death and if the health care provider in charge of the patient's care or another health care provider designated by the health care provider in charge had not examined the patient within 48 hours prior to death, or within 2 weeks prior to death in the case of a terminally ill patient, the health care provider in charge or another health care provider designated by the health care provider in charge shall examine the body prior to completing the certification of death process. Any health care provider who fails to complete the medical certification of the cause of death fully, in a timely manner, or who fails to examine the body of a nursing home resident prior to certifying cause of death as required by this section must be reported to the Board of Licensure in Medicine, the Board of Osteopathic Licensure or the State Board of Nursing, whichever is appropriate, by the State Registrar of Vital Statistics of the Department of Health and Human Services. For the purposes of this subsection, the following terms have the following meanings. A. "Life-sustaining procedure" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the dying process and does not include nutrition and hydration. [PL 2001, c. 574, §26 (AMD).] B. "Terminally ill patient" means a patient who has been diagnosed as having an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending health care provider, result in death within a short time. [PL 2005, c. 359, §1 (AMD).] C. "Health care provider" means a physician authorized to practice in this State, nurse practitioner or physician associate. [PL 2007, c. 56, §1 (AMD); PL 2025, c. 316, §3 (REV).] D. "Nurse practitioner" means an advanced practice registered nurse who is a certified nurse practitioner authorized to practice without the supervision of a physician pursuant to Title 32, chapter 31 . [PL 2005, c. 359, §1 (NEW).] E. "Physician associate" means a person who has graduated from a physician associate or surgeon assistant program accredited by the American Medical Association Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs or its successor and who has passed the certifying examination administered by the National Commission on Certification of Physician Assistants or its successor. [PL 2007, c. 56, §1 (NEW); PL 2025, c. 316, §3 (REV).] [PL 2009, c. 601, §25 (AMD); PL 2025, c. 316, §3 (REV).]

2-A. Medical certification. Notwithstanding subsection 2 , with respect to a person who dies within the State naturally and for whom the physician, nurse practitioner or physician associate was the attending health care provider, the medical certification of the cause of death may be completed and signed by a physician, nurse practitioner or physician associate authorized to practice at the United States Department of Veterans Affairs at Togus or at another federal medical facility within the State or by a physician, an advanced practice registered nurse or physician associate licensed to practice in New Hampshire, Vermont or Massachusetts who, at the request of the Chief Medical Examiner, is willing to do so. [PL 2009, c. 601, §25 (AMD); PL 2025, c. 316, §3 (REV).]

3. Medical certificate by medical examiner or the Office of Chief Medical Examiner. When a death occurs under circumstances that make it a medical examiner case as defined in section 3025 , or when inquiry as to the cause of death is required by law, the medical examiner or the Office of Chief Medical Examiner shall complete the medical certification of the cause of death as specified by department rule and sign the death certificate. A certification need not be completed before the remains are ready for release. The medical examiner or the Office of Chief Medical Examiner is responsible for the identity of the deceased and the time, date, place, cause, manner and circumstances of death on the death certificate. Entries may be left "pending" if further study is needed; or, at the specific direction of the Attorney General relative to cases under investigation by the Attorney General's office, entries must be left "withheld" until such time as the Attorney General, in the Attorney General's sole discretion, determines that any criminal investigation and prosecution will not be harmed by public disclosure of such information. Notwithstanding section 2706, subsection 4 , unless directed otherwise by the Attorney General as specified in this subsection, this information for which the medical examiner is responsible may be made available to the general public by the Office of Chief Medical Examiner. [PL 2017, c. 475, Pt. A, §30 (AMD).]

4. Correction of errors on death statistic records filed under chapter 711. Certificates of death in medical examiner cases, as defined in section 3025 , may be completed or amended at any time by means described in rule by the department to the Office of Chief Medical Examiner. Either the Chief Medical Examiner or the medical examiner assigned to the case may sign the forms or submit an electronic amendment or file a certificate using the electronic death registration system in accordance with section 2847 . A person authorized by the Chief Medical Examiner may amend a certificate of death with respect to the time, date, place and circumstances of death. The medical examiner assigned shall submit the form or electronic amendment to the Office of Chief Medical Examiner for filing with the State Registrar of Vital Statistics. These forms or electronic amendments may be filed at any time after death and need not include a summary description of the evidence in support of the completion or amendment. [PL 2017, c. 475, Pt. A, §30 (AMD).]

5. Correction of certificate of death. A certificate of death filed in accordance with this section may be completed or amended at any time by means described in rules adopted by the department. The health care provider who certified the death in accordance with subsection 2‑A may sign the forms, submit an electronic amendment or file a certificate using the electronic death registration system in accordance with section 2847 . A health care provider may amend a certificate of death with respect to the time, date, place and circumstances of death as well as the gender of the individual who died. Forms or electronic amendments may be filed at any time after death. [PL 2023, c. 294, §4 (AMD).]
22 M.R.S. § 3955 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3955
22 §3955. Agreements between the State and Indian tribes
Status: in_force

The State may enter into agreements with Indian tribes with respect to the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including agreements that provide for orderly transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the State and Indian tribes. A revocation of an agreement under this section does not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 3180 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3180
22 §3180. Inalienability of aid
Status: in_force

All rights to aid shall be absolutely inalienable by any assignment, execution, pledge or otherwise, and shall not pass, in case of insolvency or bankruptcy, to any trustee, assignee or creditor. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 1694 — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1694
22 §1694. Contracts with educational, research and eleemosynary institutions
Status: in_force

The Environmental Health Program shall, to the maximum extent feasible, and within the amounts appropriated for these purposes, contract with educational, research and eleemosynary institutions within the State for research and investigation activities which can be carried out more economically, expeditiously or conveniently by those nonstate institutions. [PL 1981, c. 508, §1 (NEW).]
22 M.R.S. § 3088 — ME Code / Title 22 / Subtitle 2 / Chapter 715-A / Section 3088
22 §3088. Comprehensive neurorehabilitation service system
Status: in_force

The department shall, within the limits of its available resources, develop a comprehensive neurorehabilitation service system designed to assist, educate and rehabilitate the person with an acquired brain injury to attain and sustain the highest function and self-sufficiency possible using home-based and community-based treatments, services and resources to the greatest possible degree. The comprehensive neurorehabilitation service system must include, but is not limited to, care management and coordination, crisis stabilization services, physical therapy, occupational therapy, speech therapy, neuropsychology, neurocognitive retraining, positive neurobehavioral supports and teaching, social skills retraining, counseling, vocational rehabilitation and independent living skills and supports. The comprehensive neurorehabilitation service system may include a posthospital system of nursing, community residential facilities and community residential support programs designed to meet the needs of persons who have sustained an acquired brain injury and assist in the reintegration of those persons into their communities. [PL 2011, c. 293, §3 (RPR).]
22 M.R.S. § 3175-D — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3175-D
22 §3175-D. Nursing facility depreciation
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Depreciation. For sales of nursing facilities, as defined in section 1812‑A , that occur on or after October 1, 2009, the department shall either: A. At the time of the sale, recapture depreciation paid by the department under the MaineCare program, from the proceeds of the sale; or [PL 2009, c. 97, §1 (NEW).] B. At the election of the buyer and seller, waive the recapture of depreciation at the time of the sale and allow the asset to transfer at the historical cost of the seller less depreciation allowed under the MaineCare program to the buyer for reimbursement purposes. [PL 2009, c. 97, §1 (NEW).] [PL 2009, c. 97, §1 (NEW).]

2. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 582, §5) Methodology. Beginning with the sale of a nursing facility that occurs on or after July 1, 2014, or such other date as approved by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, the department shall calculate depreciation recapture using a methodology that provides percentage credits for buildings, fixed equipment and moveable equipment based on the number of years of operation by the owner of the nursing facility that is consistent with the following: A. For the purposes of determining depreciation recapture for buildings and fixed equipment, the methodology must determine the number of years of operation by reference to the date on which the owner began operating with the original license; [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).] B. For the purposes of determining depreciation recapture for moveable equipment, the methodology must enable percentage credits to reach 100% after the first 6 years of the assigned useful life; and [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).] C. The methodology must treat as equivalent to the owner of the nursing facility any person or entity that owns or controls the entity that owns the nursing facility and any entity that is owned or controlled by the owner of the nursing facility. [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).] [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).]
22 M.R.S. § 3174-PP — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-PP
22 §3174-PP. Medicaid reimbursement for eligible services provided through the Child Development Services System and school administrative units
Status: in_force

1. Consultation. Prior to adopting or amending any rule that pertains to the administration of a program of Medicaid coverage established by the department pursuant to this chapter for services that qualify for reimbursement and are provided through the auspices of the Child Development Services System and school administrative units in accordance with the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., the Office of MaineCare Services shall consult with the following interested parties on the proposed adoption or amendment of rules: A. The Commissioner of Education or the commissioner's designee; [PL 2009, c. 643, §1 (NEW).] B. The Executive Director of the Maine School Management Association or the executive director's designee; [PL 2009, c. 643, §1 (NEW).] C. The executive director of a statewide organization of administrators of services for children with disabilities or the executive director's designee; [PL 2009, c. 643, §1 (NEW).] D. The executive director of a statewide organization for disability rights or the executive director's designee; and [PL 2009, c. 643, §1 (NEW).] E. The Executive Director of the Maine Developmental Disabilities Council or the executive director's designee. [PL 2009, c. 643, §1 (NEW).] [PL 2009, c. 643, §1 (NEW).]

2. Monthly report. The Office of MaineCare Services shall prepare and submit at the beginning of each month a report that includes a detailed statement of the status of any proposed adoption or amendment of rules that pertain to the Medicaid programs specified in subsection 1 to the joint standing committee of the Legislature having jurisdiction over education matters and the joint standing committee of the Legislature having jurisdiction over health and human services matters. [PL 2009, c. 643, §1 (NEW).]
22 M.R.S. § 2628 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2628
22 §2628. Rules
Status: in_force

The Board of Licensure of Water System Operators, in accordance with any other appropriate state laws, shall make such rules as are reasonably necessary to carry out the intent of this subchapter. The rules must include, but are not limited to, provisions establishing requirements for licensure and procedures for examination of candidates and such other provisions as are necessary for the administration of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 45, §4 (AMD).]
22 M.R.S. § 3264 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3264
22 §3264. Fiscal procedures
Status: in_force

There shall be advanced with the authorization of the department, from the State Treasury to the secretary, prior to the first day of each month, an amount equal to the secretary's estimate of state supplemental benefits authorized pursuant to this Part for such month corrected for any adjustments resulting from benefits relating to any other month. The department shall conduct, at least once each fiscal year, an audit of such benefits paid by the secretary on behalf of the State. [PL 1973, c. 790, §3 (NEW).]

An agreement shall specify procedures for making payments to the secretary and limitations on such payments, limits on state supplemental payments for patients in health care facilities, provision for recoupment of overpayments, or payments unlawfully procured, of state supplementary payments, adjustments against future state payments on account of such recoupment, and any other fiscal and quality control provision deemed advisable by the department. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 9004 — ME Code / Title 22 / Subtitle 6 / Chapter 1689 / Section 9004
22 §9004. Fire safety
Status: in_force

1. Inspection required. A license may not be issued by the department for a veterans' adult day health care program until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360 , 2391 or 2392 to make fire safety inspections indicating that the program's facility is in compliance with the applicable fire safety provisions in subsection 2 and Title 25, section 2452 . [PL 2011, c. 444, §1 (NEW).]

2. Life Safety Code. The written statement under subsection 1 must be furnished annually to the department and must indicate that the veterans' adult day health care program's facility is in compliance with the requirements of the National Fire Protection Association Life Safety Code that are specified in: A. The provisions relating to family day care homes, if the veterans' adult day health care program has no more than 6 adults per session; [PL 2011, c. 444, §1 (NEW).] B. The provisions relating to group day care homes, if the veterans' adult day health care program has at least 7 but no more than 12 adults per session; or [PL 2011, c. 444, §1 (NEW).] C. The provisions relating to child day care, if the veterans' adult day health care program has 13 or more adults per session. [PL 2011, c. 444, §1 (NEW).] [PL 2011, c. 444, §1 (NEW).]

3. Fees. The department shall establish and pay reasonable fees to the Department of Public Safety or a municipal official for each inspection under this section. Fees collected by the Department of Public Safety under this subsection must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 2011, c. 444, §1 (NEW).]
22 M.R.S. § 8201 — ME Code / Title 22 / Subtitle 6 / Chapter 1671 / Section 8201
22 §8201. Definition of child placing agency
Status: in_force

As used in this subtitle, the term "child placing agency" means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day. [PL 1983, c. 625 (AMD).]
22 M.R.S. § 677 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 677
22 §677. Licensing and registration of sources of radiation
Status: in_force

1. Radioactive material, devices or equipment. The department shall provide by rule for licensing of radioactive material or devices or equipment utilizing those materials except where prohibited by federal law. That rule shall provide for amendment, suspension or revocation of licenses. [PL 1987, c. 493, §5 (AMD).]

2. Other sources. The department may require registration or licensing of other sources of radiation. [PL 1983, c. 345, §§13, 14 (NEW).]

3. Exemptions. The department may exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of these sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public. [PL 1983, c. 345, §§13, 14 (NEW).]

4. Recognition of other licenses. Rules promulgated pursuant to this Act may provide for recognition of other state or federal licenses as the department may deem desirable, subject to such registration requirements as the department may prescribe. [PL 1983, c. 345, §§13, 14 (NEW).]

5. Federal license or permit required. A person may not manufacture, construct, produce, transfer, acquire or possess any special nuclear material, source material, by-product material, production facility or utilization facility, or act as an operator of a production or utilization facility wholly within this State, unless the person has first obtained a license or permit for the activity in which the person proposes to engage from the United States Nuclear Regulatory Commission if, pursuant to federal law, the commission requires a license or permit to be obtained by a person proposing to engage in activities of the same type over which it has jurisdiction. [RR 2021, c. 2, Pt. B, §83 (COR).]
22 M.R.S. § 1580-I — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-I
22 §1580-I. Requirements
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

1. Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]

2. place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation) -- 1999: $.0094241 per unit sold after the date of enactment of this Act. 2000: $.0104712 per unit sold. For each of 2001 and 2002: $.0136125 per unit sold. For each of 2003 through 2006: $.0167539 per unit sold. For each of 2007 and each year thereafter: $.0188482 per unit sold. A. A tobacco product manufacturer that places funds into escrow pursuant to this subsection shall receive the interest or other appreciation on such funds as earned. Such funds themselves must be released from escrow only under the following circumstances: (1) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds must be released from escrow under this subparagraph: (a) in the order in which they were placed into escrow; and (b) only to the extent and at the time necessary to make payments required under such judgment or settlement; (2) (TEXT REPEALED ON CONTINGENCY: If court of competent jurisdiction holds that subparagraph (2) is unconstitutional) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that agreement including after final determination of all adjustments, that such manufacturer would have been required to make an account of such units sold had it been a participating manufacturer, the excess must be released from escrow and revert back to such tobacco product manufacturer. If a court of competent jurisdiction holds that this subparagraph is unconstitutional, then this subparagraph is deemed repealed; or (2-A) (TEXT EFFECTIVE ON CONTINGENCY: Only if, following repeal of subparagraph (2), court of competent jurisdiction holds that paragraph A is unconstitutional) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the State's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess must be released from escrow and revert back to such tobacco product manufacturer. This subparagraph takes effect only if, following the repeal of subparagraph (2), as described therein, a court of competent jurisdiction holds that paragraph A is unconstitutional; or (3) to the extent not released from escrow under subparagraph (1) or (2), funds must be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. [PL 2003, c. 435, §2 (AMD).] B. Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subsection shall annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall -- (1) be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this subsection, may impose a civil penalty in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (2) in the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; (3) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed 2 years. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).] [PL 2003, c. 435, §2 (AMD).]

Each failure to make an annual deposit required under this section shall constitute a separate violation. In addition to the amounts set forth above, the State's costs and attorney's fees shall be paid by the violator. [PL 1999, c. 401, Pt. U, §1 (NEW); PL 1999, c. 401, Pt. U, §2 (AFF).]
22 M.R.S. § 6110 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6110
22 §6110. Designation of priority social services
Status: in_force

The following types of social services are designated as priority social services for payment of expenditures from state funds appropriated to carry out the purposes of this chapter: [PL 1981, c. 608, §1 (AMD).]

Homemaker -- Health Aide Services; [PL 1975, c. 523, §1 (RPR).]

Developmental Day Care, including Family Day Care; [PL 1975, c. 523, §1 (RPR).]

Services for Persons with Intellectual Disabilities or Autism; [PL 2011, c. 542, Pt. A, §43 (AMD).]

Mental Health Services; [PL 1975, c. 523, §1 (RPR).]

Transportation Services; [PL 1975, c. 523, §1 (RPR).]

Meals for Older People; and [PL 1981, c. 608, §1 (AMD).]

Health and Home Care Needs for the Elderly. [PL 1977, c. 317, §2 (NEW).]

Any expenditure of funds for family day care shall not cause the amount which may be expended for developmental day care or any other type of service to decrease below the cumulative fiscal year to date amount expended as of April 1, 1975 for such developmental day care or such other type of service. [PL 1975, c. 523, §1 (RPR).]
22 M.R.S. § 1542 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1542
22 §1542. Smoking prohibited in public places
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Prohibition. Smoking is prohibited in all enclosed areas of public places, including bus shelters, in outdoor eating areas as provided in section 1550 and in all rest rooms made available to the public. In the case of a child care facility that is not home-based, smoking is also prohibited in a facility-designated motor vehicle within 12 hours before transporting a child who is in the care of the child care facility, and whenever such a child is present in the vehicle. Smoking is also prohibited in outdoor areas of the facility where children may be present. [PL 2021, c. 57, §1 (AMD).]

2. Limitations. The prohibition in subsection 1 is subject to the following limitations. A. Smoking is not prohibited in an enclosed area of a public place during a period of time that the facility containing the enclosed area of the public place is not open to the public. During its normal business hours, a public place must be closed for at least one hour to be considered "not open to the public." [PL 2005, c. 257, §3 (AMD).] B. Smoking is not prohibited in theaters or other enclosed structures used for plays, lectures, recitals or other similar purposes if the smoking is solely by a performer and the smoking is part of the performance. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).] C. Smoking is not prohibited in any area where undertaken as part of a religious ceremony or as part of a cultural activity by a defined group. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).] D. [PL 1999, c. 54, §3 (RP).] E. Smoking in places of employment is governed by the provisions of section 1580‑A . If public employees' rights provided in collective bargaining agreements are affected by this section, the employees have the right to reopen negotiations for the purpose of bargaining for smoking areas in nonpublic areas of publicly owned buildings. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).] F. [PL 2009, c. 300, §1 (RP).] G. [PL 2003, c. 493, §4 (RP); PL 2003, c. 493, §14 (AFF).] H. (TEXT EFFECTIVE UNTIL 1/05/26) Smoking is not prohibited in motel or hotel rooms that are rented to members of the public. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).] H. (TEXT REPEALED 1/05/26) [PL 2025, c. 367, §3 (RP); PL 2025, c. 367, §20 (AFF).] I. [PL 2005, c. 338, §2 (RP).] J. Smoking is not prohibited in a private residence, subject to section 1580‑A , unless the private residence is used as a day care or baby-sitting service. If a private residence is used as a day care or baby-sitting service, smoking is prohibited: (1) In the residence, during the hours of operation as a day care or baby-sitting service; (2) In outdoor areas on the property of that private residence, wherever a child under care may be present; and (3) During the facility's hours of operation, in a motor vehicle owned or operated by the facility whenever a child under care is in the vehicle. [PL 2009, c. 300, §2 (AMD).] K. Smoking is not prohibited in public places when beano or bingo games are being conducted in accordance with the provisions of Title 17, section 314‑A . [PL 2003, c. 379, §1 (AMD).] L. Smoking is not prohibited in a tobacco specialty store. The on-premises service, preparation or consumption of food or drink, if the tobacco specialty store is not licensed for such service or consumption prior to January 1, 2007, is prohibited in such a store. Smoking a waterpipe or hookah is prohibited in a tobacco specialty store that is newly licensed or that requires a new license after January 1, 2007. [PL 2007, c. 180, §2 (AMD).] M. [PL 2005, c. 257, §5 (RP).] N. Smoking is not prohibited in designated smoking areas in an off-track betting facility or simulcast racing facility at a commercial track, if that facility is licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003, is purchased from the owner or purchaser of a facility licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003 or is moved to another location within the same municipality by the owner or purchaser of a facility licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003, as long as: (1) No sales or services are provided in the designated smoking area, except that television equipment and stand-alone betting terminals or other means of placing wagers may be provided; (2) No employees work in or are required to pass through the designated smoking area; (3) Members of the public, except for those who choose to be present in the designated smoking area, are not required to utilize or pass through the designated smoking area for any purpose; (4) No one under 18 years of age is permitted in the designated smoking area; (5) The designated smoking area within the purchased or relocated off-track betting facility or purchased or relocated simulcast racing facility has a floor area no larger than 2,000 square feet, except that any designated smoking area larger than 2,000 square feet and in existence on January 1, 2005 is exempt from this subparagraph; (6) No slot machines are located within the off-track betting or simulcast racing facility. For the purposes of this subparagraph, an off-track betting facility or a simulcast racing facility must be in a separately enclosed area, whether stand-alone or within another facility, that is accessible by either an interior or exterior door; and (7) The designated smoking area is located entirely within a separately enclosed area of an off-track betting facility or simulcast racing facility and proper signs are mounted to the exterior of the designated smoking area indicating that use of that area is for off-track betting and simulcast racing patrons only. [PL 2005, c. 362, §1 (AMD).] [PL 2009, c. 300, §§1, 2 (AMD); PL 2025, c. 367, §3 (AMD); PL 2025, c. 367, §20 (AFF).]

3. Location of designated smoking area. [PL 2003, c. 493, §6 (RP); PL 2003, c. 493, §14 (AFF).]
22 M.R.S. § 2353 — ME Code / Title 22 / Subtitle 2 / Chapter 556-A / Section 2353
22 §2353. Naloxone hydrochloride or another opioid overdose-reversing medication
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Health care professional" means a person licensed under Title 32 who is authorized to prescribe naloxone hydrochloride or another opioid overdose-reversing medication. [PL 2023, c. 161, §3 (AMD).] A-1. "Another opioid overdose-reversing medication" means a medication approved by the federal Food and Drug Administration for the immediate treatment of an opioid overdose. [PL 2023, c. 161, §3 (NEW).] B. "Immediate family" has the same meaning as set forth in Title 21‑A, section 1, subsection 20 . [PL 2013, c. 579, §1 (NEW).] C. "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or a condition that a reasonable person would believe to be an opioid-related drug overdose that requires medical assistance. [PL 2013, c. 579, §1 (NEW).] D. "Pharmacist" means a pharmacist authorized to prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication pursuant to Title 32, section 13815 . [PL 2023, c. 161, §3 (AMD).] E. "Recovery residence" means a shared living residence for individuals recovering from substance use disorder that is focused on peer support, provides to its residents an environment free of alcohol and illegal drugs and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from substance use disorder. [PL 2019, c. 292, §2 (NEW).] F. "Corrections officer" means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or correctional facility pursuant to an order of a court or as a result of an arrest. [PL 2021, c. 605, §1 (NEW).] [PL 2023, c. 161, §3 (AMD).]

2. Prescription; possession; administration. The prescription, possession and administration of naloxone hydrochloride or another opioid overdose-reversing medication is governed by this subsection. A. A health care professional may directly or by standing order prescribe naloxone hydrochloride or another opioid overdose-reversing medication to an individual at risk of experiencing an opioid-related drug overdose. Over-the-counter naloxone hydrochloride or another opioid overdose-reversing medication approved for over-the-counter dispensation by the federal Food and Drug Administration or its successor organization may be provided or administered with or without a prescription. [PL 2025, c. 145, §1 (AMD).] A-1. A pharmacist may prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication in accordance with protocols established under Title 32, section 13815 to an individual of any age at risk of experiencing an opioid-related drug overdose. Over-the-counter naloxone hydrochloride or another opioid overdose-reversing medication approved for over-the-counter dispensation by the federal Food and Drug Administration or its successor organization may be provided or administered with or without a prescription. [PL 2025, c. 145, §1 (AMD).] A-2. [PL 2017, c. 417, §2 (RP).] B. An individual to whom naloxone hydrochloride or another opioid overdose-reversing medication is prescribed or dispensed in accordance with paragraph A or A‑1 may provide the naloxone hydrochloride or another opioid overdose-reversing medication so prescribed or dispensed to a member of that individual's immediate family to possess and administer to the individual if the family member believes in good faith that the individual is experiencing an opioid-related drug overdose. [PL 2023, c. 161, §3 (AMD).] C. A health care professional may directly or by standing order prescribe naloxone hydrochloride or another opioid overdose-reversing medication to a member of an individual's immediate family or a friend of the individual or to another person in a position to assist the individual if the individual is at risk of experiencing an opioid-related drug overdose. Over-the-counter naloxone hydrochloride or another opioid overdose-reversing medication approved for over-the-counter dispensation by the federal Food and Drug Administration or its successor organization may be provided or administered with or without a prescription. [PL 2025, c. 145, §1 (AMD).] C-1. A pharmacist may prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication in accordance with protocols established under Title 32, section 13815 to a person of any age who is a member of an individual's immediate family or a friend of the individual or to another person in a position to assist the individual if the individual is at risk of experiencing an opioid-related drug overdose. Over-the-counter naloxone hydrochloride or another opioid overdose-reversing medication approved for over-the-counter dispensation by the federal Food and Drug Administration or its successor organization may be provided or administered with or without a prescription. [PL 2025, c. 145, §1 (AMD).] C-2. [PL 2017, c. 417, §4 (RP).] D. If a member of an individual's immediate family, friend of the individual or other person is prescribed or provided naloxone hydrochloride or another opioid overdose-reversing medication in accordance with paragraph C or C‑1 , that family member, friend or other person may administer the naloxone hydrochloride or another opioid overdose-reversing medication to the individual if the family member, friend or other person believes in good faith that the individual is experiencing an opioid-related drug overdose. [PL 2023, c. 161, §3 (AMD).] Nothing in this subsection affects the provisions of law relating to maintaining the confidentiality of medical records. [PL 2025, c. 145, §1 (AMD).]

2-A. Dispensing of naloxone hydrochloride or another opioid overdose-reversing medication by emergency medical services persons, ambulance services and nontransporting emergency medical services. Notwithstanding any provision of law to the contrary, pursuant to a standing order issued in accordance with protocols developed by the Medical Direction and Practices Board pursuant to Title 32, section 88‑B, subsection 1, paragraph A , an emergency medical services person, ambulance service or nontransporting emergency medical service licensed under Title 32, chapter 2‑B may dispense naloxone hydrochloride or another opioid overdose-reversing medication to an individual of any age at risk of experiencing an opioid-related drug overdose or to a member of the individual's immediate family, a friend of the individual or another person in a position to assist the individual if the individual is at risk of experiencing an opioid-related drug overdose. [PL 2023, c. 161, §3 (AMD).]

3. Authorized administration and dispensing of naloxone hydrochloride or another opioid overdose-reversing medication by corrections officers and municipal firefighters. A regional or county jail, a prison, a correctional facility as defined in Title 34‑A, section 1001, subsection 6 or a municipal fire department as defined in Title 30‑A, section 3151, subsection 1 is authorized to obtain a supply of naloxone hydrochloride or another opioid overdose-reversing medication to be administered or dispensed in accordance with this subsection. A corrections officer, in accordance with policies adopted by the jail, prison or correctional facility, and a municipal firefighter as defined in Title 30‑A, section 3151, subsection 2 , in accordance with policies adopted by the municipality, may administer or dispense intranasal naloxone hydrochloride or another opioid overdose-reversing medication as clinically indicated if the corrections officer or municipal firefighter has received medical training in accordance with protocols adopted by the Medical Direction and Practices Board established in Title 32, section 83, subsection 16‑B . The Medical Direction and Practices Board shall establish medical training protocols for corrections officers and municipal firefighters pursuant to this subsection. [PL 2023, c. 646, Pt. A, §23 (RPR).]

3-A. Authorized administration, dispensing and carrying of naloxone hydrochloride by law enforcement officers. A law enforcement agency as defined in Title 25, section 3701, subsection 1 is authorized to obtain a supply of naloxone hydrochloride to be administered or dispensed in accordance with this subsection. A law enforcement officer as defined in Title 17‑A, section 2, subsection 17 , in accordance with policies adopted by the law enforcement agency, may administer or dispense intranasal naloxone hydrochloride as clinically indicated if the law enforcement officer has received medical training in accordance with protocols adopted by the Medical Direction and Practices Board established in Title 32, section 83, subsection 16‑B . A law enforcement officer who performs duties as a uniformed patrol officer, in accordance with policies adopted by the law enforcement agency, shall carry naloxone hydrochloride at all times when on duty, obtain medical training in accordance with protocols adopted by the Medical Direction and Practices Board and administer or dispense intranasal naloxone hydrochloride as clinically indicated. The Medical Direction and Practices Board shall establish medical training protocols for law enforcement officers pursuant to this subsection. [PL 2023, c. 153, §2 (NEW); PL 2023, c. 153, §3 (AFF).]

4. Community-based drug overdose prevention programs; standing orders for naloxone hydrochloride or another opioid overdose-reversing medication. Acting under standing orders from a licensed health care professional authorized by law to prescribe naloxone hydrochloride or another opioid overdose-reversing medication, an agency that provides services to populations at high risk for a drug overdose may establish an overdose prevention program in accordance with rules adopted by the department and the provisions of this subsection. A. Notwithstanding any provision of law to the contrary, an overdose prevention program established under this subsection may store and dispense naloxone hydrochloride or another opioid overdose-reversing medication without being subject to the provisions of Title 32, chapter 117 as long as these activities are undertaken without charge or compensation. [PL 2023, c. 161, §3 (AMD).] B. An overdose prevention program established under this subsection may distribute unit-of-use packages of naloxone hydrochloride or another opioid overdose-reversing medication and the medical supplies necessary to administer the naloxone hydrochloride or another opioid overdose-reversing medication to a person so that the person may possess and administer naloxone hydrochloride or another opioid overdose-reversing medication to an individual who appears to be experiencing an opioid-related drug overdose. [PL 2025, c. 145, §2 (AMD).] C. With the express consent of a municipality, an overdose prevention program established under this subsection may provide and maintain naloxone hydrochloride or another opioid overdose-reversing medication in a wall-mounted box or other visible and accessible container, including, but not limited to, a vending machine, on publicly accessible property of the municipality, including a municipal building, public restroom, public library or public park or recreational facility, for use by a member of the public in response to an opioid-related drug overdose. [PL 2025, c. 145, §2 (AMD).] The department 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 2025, c. 145, §2 (AMD).]

4-A. Recovery residences; standing orders for naloxone hydrochloride or another opioid overdose-reversing medication. Acting under standing orders from a licensed health care professional authorized by law to prescribe naloxone hydrochloride or another opioid overdose-reversing medication, a recovery residence shall operate in accordance with rules adopted by the department and the provisions of this subsection. A. Notwithstanding any provision of law to the contrary, a recovery residence shall store and dispense naloxone hydrochloride or another opioid overdose-reversing medication and is not subject to the provisions of Title 32, chapter 117 . The recovery residence shall store on site at least 2 units of naloxone hydrochloride or another opioid overdose-reversing medication for each floor of the recovery residence. [PL 2023, c. 161, §3 (AMD).] B. [PL 2025, c. 145, §3 (RP).] C. A licensed health care professional authorized by law to prescribe naloxone hydrochloride or another opioid overdose-reversing medication shall distribute unit-of-use packages of naloxone hydrochloride or another opioid overdose-reversing medication and any medical supplies necessary to administer the naloxone hydrochloride or another opioid overdose-reversing medication to a recovery residence so that the recovery residence may possess and administer naloxone hydrochloride or another opioid overdose-reversing medication to an individual who appears to be experiencing a drug-related overdose. [PL 2025, c. 145, §4 (AMD).] The department 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 2025, c. 145, §§3, 4 (AMD).]

5. Immunity. The following provisions provide immunity for actions taken in accordance with this section. A. A health care professional or a pharmacist, acting in good faith and with reasonable care, is immune from criminal and civil liability and is not subject to professional disciplinary action for storing, dispensing or prescribing naloxone hydrochloride or another opioid overdose-reversing medication in accordance with this section or for any outcome resulting from such actions. [PL 2023, c. 161, §3 (AMD).] B. A person described in this section as being authorized to possess, obtain, store, administer or dispense naloxone hydrochloride or another opioid overdose-reversing medication, acting in good faith and with reasonable care, is immune from criminal and civil liability and is not subject to professional disciplinary action for possessing or providing to another person naloxone hydrochloride or another opioid overdose-reversing medication in accordance with this section or for administering naloxone hydrochloride or another opioid overdose-reversing medication in accordance with this section to an individual whom the person believes in good faith is experiencing an opioid-related drug overdose or for any outcome resulting from such actions. [PL 2023, c. 646, Pt. A, §24 (RPR).] C. A municipality or overdose prevention program is immune from criminal and civil liability for providing or maintaining naloxone hydrochloride containers or containers of another opioid overdose-reversing medication under subsection 4, paragraph C. [PL 2025, c. 145, §5 (AMD).] D. A person not described in this section as being authorized to possess, obtain, store, administer or dispense naloxone hydrochloride or another opioid overdose-reversing medication or a person, notwithstanding any provision of law to the contrary, acting in good faith and with reasonable care, is immune from criminal and civil liability and is not subject to professional or other disciplinary action for providing to another person naloxone hydrochloride or another opioid overdose-reversing medication, or for administering naloxone hydrochloride or another opioid overdose-reversing medication to an individual whom the person believes in good faith is experiencing an opioid-related drug overdose or for any outcome resulting from such actions. [PL 2025, c. 145, §6 (AMD).] [PL 2025, c. 145, §§5, 6 (AMD).]
22 M.R.S. § 679 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 679
22 §679. Low-level radioactive waste disposal
Status: in_force

State regulation of low-level radioactive waste disposal is subject to the primary jurisdiction of the Department of Health and Human Services, as specified in section 676 , except that disposal of low-level radioactive waste in the State is also subject to regulation by the Department of Environmental Protection. [PL 1993, c. 664, §9 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1911 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1911
22 §1911. Parental option
Status: in_force

To the extent that comprehensive family life education takes place in a school, a parent may choose to not have that parent's child participate in a comprehensive family life education program. [PL 2001, c. 654, §2 (NEW).]
22 M.R.S. § 8753 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8753
22 §8753. Mandatory reporting of sentinel events
Status: in_force

A health care facility shall notify the division whenever a sentinel event has occurred, as provided in this chapter. [PL 2009, c. 358, §2 (AMD).]

1. Notification. Using the sentinel event notification process under this chapter, a health care facility shall notify the division of a sentinel event within 3 business days after the facility discovers that the event occurred. [PL 2025, c. 305, Pt. B, §5 (RPR).]

2. Written report. The health care facility shall file a written report no later than 45 days following the notification of the occurrence of a sentinel event pursuant to subsection 1. The written report must be signed by the chief executive officer of the facility and must contain the following information: A. Facility name and address; [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] B. Name, title and phone number of the contact person for the facility; [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] C. The date and time of the sentinel event and the sentinel event case number; [PL 2025, c. 305, Pt. B, §6 (AMD).] D. The type of sentinel event and a timeline of the sentinel event; and [PL 2025, c. 305, Pt. B, §6 (AMD).] E. [PL 2009, c. 358, §2 (RP).] F. [PL 2009, c. 358, §2 (RP).] G. [PL 2009, c. 358, §2 (RP).] H. A thorough and credible root cause analysis. A root cause analysis is thorough and credible only in accordance with the following. (1) A thorough root cause analysis must include: a determination of the human and other factors most directly associated with the sentinel event and the processes and systems related to its occurrence; an analysis of the underlying systems and processes to determine where redesign might reduce risk; an inquiry into all areas appropriate to the specific type of event; an identification of risk points and their potential contributions to the event; a determination of potential improvement in processes or systems that would tend to decrease the likelihood of such an event in the future or a determination, after analysis, that no such improvement opportunities exist; an action plan that identifies changes that can be implemented to reduce risks or formulates a rationale for not undertaking such changes; and, where improvement actions are planned, an identification of who is responsible for implementation, when the action will be implemented and how the effectiveness of the action will be evaluated. (2) A credible root cause analysis must include participation by the leadership of the health care facility and by the individuals most closely involved in the processes and systems under review, is internally consistent without contradictions or unanswered questions, provides an explanation for all findings, including those identified as "not applicable" or "no problem," and includes the consideration of any relevant literature. (3) The root cause analysis submitted to the division may exclude protected professional competence review information pursuant to the Maine Health Security Act. [PL 2009, c. 358, §2 (NEW).] [PL 2025, c. 305, Pt. B, §6 (AMD).]

3. Cooperation. A health care facility that has filed a notification or a report of the occurrence of a sentinel event under this section shall cooperate with the division as necessary for the division to fulfill its duties under section 8754 . [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

4. Immunity. A person who in good faith reports a suspected sentinel event or a sentinel event or provides a root cause analysis pursuant to this chapter is immune from any civil or criminal liability for the act of reporting or participating in the review by the division. "Good faith" does not include instances when a false report is made and the person reporting knows the report is false. This subsection may not be construed to bar civil or criminal action regarding perjury or regarding the sentinel event that led to the report. [PL 2025, c. 305, Pt. B, §7 (AMD).]

5. Near miss notification. [PL 2025, c. 305, Pt. B, §8 (RP).]
22 M.R.S. § 804 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 804
22 §804. Penalties
Status: in_force

1. Rules enforced. All agents of the department, local health officers, sheriffs, state and local law enforcement officers and other officials designated by the department are authorized to enforce the rules of the department made pursuant to section 802 to the extent that enforcement is authorized in those rules. [PL 2007, c. 598, §10 (AMD).]

2. Refusal to obey rules. Any person who neglects, violates or refuses to obey the rules or who willfully obstructs or hinders the execution of the rules may be ordered by the department, in writing, to cease and desist. This order may not be considered an adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act. In the case of any person who refuses to obey a cease and desist order issued to enforce the rules adopted pursuant to section 802 , the department may impose a fine, which may not be less than $250 or greater than $1,000 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. A fine may be imposed for each violation of the rules. If the imposition of a fine under this subsection does not result in compliance, the department may bring an action in District Court to obtain an injunction enforcing the cease and desist order or to request a civil fine not to exceed $1,500, or both. Alternatively, the department may seek relief pursuant to section 810 or 812 . The District Court has jurisdiction to determine the validity of the cease and desist order whenever an action for injunctive relief or civil penalty is brought before it under this subsection. [PL 2021, c. 349, §8 (AMD).]

3. License suspension. A licensing agency under the department may immediately suspend a license pursuant to Title 5, section 10004, subsection 3 for a violation under this section. Notwithstanding Title 5, section 10004, subsection 3 , a suspension under this subsection remains in effect until: A. The licensing agency determines that the licensee's conduct no longer poses an imminent risk to public health or safety; or [PL 2021, c. 349, §9 (NEW).] B. The District Court, after conducting a hearing at the licensee's request, finds that the licensee's conduct does not pose an imminent risk to public health or safety. The suspension remains in effect pending the District Court's review under this paragraph. [PL 2021, c. 349, §9 (NEW).] [PL 2021, c. 349, §9 (NEW).]
22 M.R.S. § 2164 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2164
22 §2164. Access to buildings
Status: in_force

The Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent must have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods in commerce for the purpose of: [PL 2023, c. 405, Pt. A, §54 (AMD).]

1. Inspection. Inspecting the factory, warehouse, establishment or vehicle to determine if any of the provisions of this subchapter are being violated; and [PL 2023, c. 405, Pt. A, §55 (AMD).]

2. Examination of samples. Securing samples or specimens of food after paying or offering to pay for the sample. It is the duty of the commissioner to make or cause to be made examination of samples secured under this section to determine whether or not any provision of this subchapter is being violated. [PL 2023, c. 405, Pt. A, §56 (AMD).]

3. Notification of samples taken. [PL 1981, c. 470, Pt. A, §89 (RP).]

In the event that any samples or specimens of food are removed from any vehicle of transport, it shall be the duty of the commissioner to notify the consignor, consignee and the carrier of the action taken and of the amount and kind of sample or specimen taken. [PL 1981, c. 470, Pt. A, §90 (NEW).]
22 M.R.S. § 8734 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8734
22 §8734. Registration requirements
Status: in_force

Beginning January 1, 2020, manufacturers, wholesale drug distributors and pharmacy benefits managers subject to this subchapter shall register annually with the organization in a manner prescribed by the organization. [PL 2021, c. 305, §8 (AMD).]
22 M.R.S. § 2630 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2630
22 §2630. Licensure
Status: in_force

If a public water system loses its licensed operator, it shall secure a new licensed operator or enter into a contractual agreement with a licensed operator of proper classification until a new operator has been employed for that public water system. [PL 2003, c. 33, §11 (AMD).]
22 M.R.S. § 2500-A — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2500-A
22 §2500-A. Menu labeling for chain restaurants
Status: in_force

The provisions of this section apply to chain restaurants that are located in the State. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

1. Caloric information. A chain restaurant shall state on a food display tag, menu or menu board the total amount of calories per serving of each food and beverage item listed for sale on the food display tag, menu or menu board. The statement of calories required in this subsection must be: A. Clear and conspicuous; [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] B. Adjacent to or in close proximity and clearly associated with the item to which the statement refers; and [PL 2011, c. 691, Pt. D, §9 (AMD).] C. Printed in a font and format at least as prominent in size and appearance as the name or the price of the item to which the statement refers. [PL 2011, c. 691, Pt. D, §9 (AMD).] D. [PL 2011, c. 691, Pt. D, §9 (RP).] As the statement of calories pertains to beer, wine and spirits, the statement must also meet the requirements of subsection 6 . [PL 2011, c. 691, Pt. D, §9 (AMD).]

2. Determining caloric content. The caloric content information required by subsection 1 must be determined on a reasonable basis and may be determined only once per standard menu item if the eating establishment follows a standardized recipe, trains to a consistent method of preparation and maintains a reasonably consistent portion size. For the purposes of this subsection a reasonable basis for determining caloric content means use of a recognized method for determining calorie content, including, but not limited to, nutrient databases, laboratory testing and other reliable methods of analysis. Caloric content may be rounded to the nearest 10 calories for caloric content above 50 calories and to the nearest 5 calories for caloric content of 50 calories and below. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

3. Required statement. A menu or menu board or written nutrition information provided to a customer by a chain restaurant must contain the following statement in a clear and conspicuous manner and in a prominent location: "To maintain a healthy weight, a typical adult should consume approximately 2,000 calories per day; however, individual calorie needs may vary." A menu, menu board or written nutrition information provided to a customer by a chain restaurant may include the following statement or a statement similar to the following: "Nutrition information is based upon standard recipes and product formulations; however, modest variations may occur due to differences in preparation, serving sizes, ingredients or special orders." [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

4. Different varieties. For a food or beverage item that is listed as a single item but includes more than one variety, the caloric information required under subsection 1 for that item must be the median value of calories for all varieties offered for that item if the caloric information for each variety of the item is within 20% of the median for that item. If the caloric information required by subsection 1 for a variety of a food or beverage item is not within 20% of the median for that item, then the caloric information must be stated for each variety of that item. If a food display tag is used to identify a specific variety of a food or beverage item, the caloric information required by subsection 1 must be for that specific variety of the item. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

5. Exceptions. A chain restaurant is not required to provide information pursuant to subsection 1 for: A. Food items served at a self-service salad bar or buffet; [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] B. An item offered for a limited time that appears on a menu, menu board or food display tag for less than 90 days per year; [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] C. A condiment or other item offered to a customer for general use without charge; [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] D. An item sold to a customer in a manufacturer’s original sealed package that contains nutrition information as required by federal law; or [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] E. A custom order for a food or beverage item that does not appear on a menu, menu board or food display tag. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

6. Alcoholic beverages. A chain restaurant shall state on a food display tag, menu or menu board the average caloric value for beers, wines and spirits as established by the United States Department of Agriculture, Agriculture Research Service in the National Nutrient Database for Standard Reference. A food display tag, menu or menu board for beer, wine and spirits may include the following statement: "Signature drinks or liqueurs with added ingredients may contain increased caloric content." [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

7. Compliance; enforcement. The department or an agent authorized to inspect an eating establishment under section 2499 shall ensure compliance with the provisions of this section but is not required to verify the accuracy of the caloric information required by this section. Upon request a chain restaurant shall provide to the department documentation of the accuracy of the information required by subsection 1 . A violation of this section is a violation of the Maine Unfair Trade Practices Act, enforceable against the owner or franchisee of the eating establishment, except that no private remedies exist under Title 5, section 213 . This section may not be construed to create or enhance any claim, right of action or civil liability that did not exist under state law prior to the effective date of this subsection or limit any claim, right of action or civil liability that otherwise exists under state law. No private right of action arises out of this section. The only mechanism for enforcing this section is as provided in this subsection. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]

8. Uniformity of regulation; preemption. To the extent consistent with federal law, the regulation of disclosure of caloric and nutritional information is a matter of statewide concern, and state law governing that disclosure occupies the whole field of regulation regarding disclosure by chain restaurants of nutritional information and requirements regarding the content required to be posted on menus, menu boards and food display tags. A local government may not adopt an ordinance regulating the dissemination of caloric or nutritional information or requiring information to be placed on menus, menu boards or food display tags by a chain restaurant, and any ordinance or regulation that violates this subsection is void and has no force or effect. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).]
22 M.R.S. § 3174-F — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-F
22 §3174-F. Coverage for adult dental services
Status: in_force

1. Coverage provided. The Department of Health and Human Services shall provide the following dental services, reimbursed under the United States Social Security Act, Title XIX, or successors to it, to individuals 21 years of age and over: A. Acute surgical care directly related to an accident where traumatic injury has occurred. This coverage will only be provided for the first 3 months after the accident; [PL 1989, c. 502, Pt. A, §72 (NEW).] B. Oral surgical and related medical procedures not involving the dentition and gingiva; [PL 1989, c. 502, Pt. A, §72 (NEW).] C. Extraction of teeth that are severely decayed and pose a serious threat of infection during a major surgical procedure of the cardiovascular system, the skeletal system or during radiation therapy for a malignant tumor; [PL 1997, c. 159, §1 (AMD).] D. Treatment necessary to relieve pain, eliminate infection or prevent imminent tooth loss; [PL 2021, c. 398, Pt. CCC, §1 (AMD).] E. [PL 1991, c. 528, Pt. P, §14 (RP); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. P, §14 (RP).] F. Full and partial dentures; and [PL 2021, c. 398, Pt. CCC, §1 (AMD).] G. Other comprehensive preventive, diagnostic and restorative dental services to maintain good oral and overall health in accordance with rules adopted by the department. [PL 2021, c. 398, Pt. CCC, §1 (NEW).] [PL 2021, c. 398, Pt. CCC, §1 (AMD).]

2. Demonstration projects. The department shall promptly take all appropriate steps to obtain necessary waivers, if necessary, from the federal Department of Health and Human Services that enable the State to provide within the limits of available funds, on a demonstration basis, comprehensive dental services to Medicaid-eligible individuals who are 21 years of age or older in public or private, nonprofit clinic settings. The department's goal in pursuing these waivers or demonstration projects not requiring waivers is to determine whether providing services in these settings promotes cost effectiveness or efficiency or promotes other objectives of the federal Social Security Act, Title XIX. By January 15, 1992, the department shall report to the joint standing committee of the Legislature having jurisdiction over health matters regarding the progress of its efforts under this subsection. The report must outline the department's progress and recommend further action required in pursuit of any demonstration project under this subsection. [PL 1991, c. 528, Pt. P, §15 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. P, §15 (AMD).]
22 M.R.S. § 1771 — ME Code / Title 22 / Subtitle 2 / Chapter 403-A / Section 1771
22 §1771. Direct health care service agreements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Direct health care service agreement" means a contractual agreement between a direct health care provider and an individual patient, or the patient's legal representative, in which: (1) The direct health care provider agrees to provide health care services to the individual patient for an agreed-to fee over an agreed-to period of time; and (2) The direct health care provider agrees not to bill 3rd parties on a fee-for-service or capitated basis for services already covered in the direct health care service agreement. [PL 2025, c. 358, §2 (AMD).] B. "Direct health care provider" means an individual who is a licensed allopathic physician or osteopathic physician or other advanced health care practitioner who is authorized to engage in independent medical practice in this State and who chooses to practice direct health care by entering into a direct health care service agreement with patients. The term includes, but is not limited to, an individual health care provider or a group of health care providers. [PL 2025, c. 358, §2 (AMD).] C. [PL 2025, c. 358, §2 (RP).] D. "Health care" has the same meaning as in section 1711‑C, subsection 1, paragraph C . [PL 2025, c. 358, §2 (NEW).] [PL 2025, c. 358, §2 (AMD).]

2. Not insurance. A direct health care service agreement is not an insurance policy and is not subject to regulation by the Department of Professional and Financial Regulation, Bureau of Insurance. [PL 2025, c. 358, §2 (AMD).]

3. Ability to contract. A direct health care service agreement is an agreement between the direct health care provider and either an individual or the individual's representative, regardless of whether the periodic fee or other fees are paid by the individual, the individual's representative or a 3rd party. [PL 2025, c. 358, §2 (AMD).]

4. Covered services. A direct health care service agreement covers only the services specified in the agreement. Any goods or services that are not covered by the direct health care service agreement may be billed separately. [PL 2025, c. 358, §2 (AMD).]

5. Disclosure. A direct health care service agreement must clearly state within the agreement that direct health care services are not considered health insurance and do not meet requirements of any federal law mandating individuals to purchase health insurance and that the fees charged in the agreement may not be reimbursed or apply towards a deductible under a health insurance policy with an insurer. [PL 2025, c. 358, §2 (AMD).]

6. Other care not prohibited. A health care provider is considered a direct health care provider only when the provider is engaged in a direct health care service agreement with a patient or group of patients. A health care provider is not prohibited from providing care to other patients under a separate agreement or contract with an insurer. [PL 2025, c. 358, §2 (AMD).]

7. Other agreements not prohibited. This section does not prohibit a direct health care provider from entering into: A. An agreement with an insurer offering a policy specifically designed to supplement a direct health care service agreement; or [PL 2025, c. 358, §2 (AMD).] B. A pilot program for direct primary care or direct health care with a federal or state agency that provides health coverage. [PL 2025, c. 358, §2 (AMD).] [PL 2025, c. 358, §2 (AMD).]
22 M.R.S. § 3483 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3483
22 §3483. Emergency intervention; authorized entry of premises; immunity of petitioner
Status: in_force

1. Action. When the court has exercised the power of a guardian or has appointed the department temporary guardian pursuant to Title 18‑C, sections 5‑124 and 5‑312 , and the ward or a caretaker refuses to relinquish care and custody to the court or to the department, then at the request of the department, a law enforcement officer may take any necessary and reasonable action to obtain physical custody of the ward for the department. Necessary and reasonable action may include entering public or private property with a warrant based on probable cause to believe that the ward is there. [PL 2017, c. 402, Pt. C, §57 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Liability. No petitioner shall be held liable in any action brought by the incapacitated adult if the petitioner acted in good faith. [PL 1981, c. 527, §2 (NEW).]
22 M.R.S. § 3109 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3109
22 §3109. Promoting accountable public programs that reduce poverty, alleviate hardship and increase sustainable employment for low-income families with children
Status: in_force

The department shall implement a system of accountability to measure access to and the performance of certain programs administered by the department under this Subtitle to ensure that those programs are working effectively to improve the health and well-being of program participants. [PL 2019, c. 485, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal poverty level" has the same meaning as in section 3762, subsection 1, paragraph C . [PL 2019, c. 485, §1 (NEW).] A-1. "ASPIRE-TANF" means the Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families program established in section 3781‑A . [PL 2021, c. 648, §1 (NEW).] B. "SNAP" means the federal supplemental nutrition assistance program administered by the State as the Supplemental Nutrition Assistance Program pursuant to section 3104 . [PL 2021, c. 398, Pt. OO, §16 (AMD).] C. "TANF" has the same meaning as in section 3762, subsection 1, paragraph E . [PL 2019, c. 485, §1 (NEW).] D. "WIC" means the Women, Infants and Children Special Supplemental Food Program described in section 3107 . [PL 2019, c. 485, §1 (NEW).] [PL 2021, c. 648, §1 (AMD).]

2. Identify measures of child and family economic security. Beginning January 15, 2023 and biennially thereafter, the department shall obtain and compile the following data for the State regarding child and family economic security from those sources reasonably available to the department, including, but not limited to, data collected and maintained by the department, data available from the Department of Labor and the Department of Administrative and Financial Services, Bureau of Revenue Services or other state or federal agencies and such other data as can reasonably be obtained from other public or private sources upon request. The data must include: A. The ratio of families with children receiving TANF cash assistance to the number of families with children and income at or below 100% of the federal poverty level in the current year and in the previous 4 years; [PL 2019, c. 485, §1 (NEW).] B. The percentage of children under 5 years of age receiving TANF cash assistance that also receive assistance from WIC in the current year and in the previous 4 years; [PL 2019, c. 485, §1 (NEW).] C. The percentage of children under 5 years of age receiving SNAP benefits that also receive assistance from WIC in the current year and in the previous 4 years; [PL 2021, c. 398, Pt. OO, §17 (AMD).] D. For all families for whom TANF cash assistance has terminated: (1) The number and percentage of families with no quarterly earnings from unsubsidized employment: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (2) The number and percentage of families with quarterly earnings from unsubsidized employment that are below 50% of the federal poverty level: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (3) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 50% but below 100% of the federal poverty level: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (4) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 100% but below 150% of the federal poverty level: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (5) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 150% but below 200% of the federal poverty level: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (6) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 200% of the federal poverty level: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; (7) The mean and median income of families with no quarterly earnings from unsubsidized employment: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; and (8) The number and percentage of families receiving income from the federal supplemental security income program or federal social security disability benefits: (a) At the time participation in the program was terminated; (b) During the 2nd quarter after participation in the program was terminated; and (c) During the 4th quarter after participation in the program was terminated; [PL 2019, c. 485, §1 (NEW).] E. Cumulative data on the highest level of educational attainment of adult parents or caretaker relatives receiving TANF cash assistance and cumulative data on the highest level of educational attainment of adult parents or caretaker relatives whose participation in the program was terminated in the prior year; [PL 2019, c. 485, §1 (NEW).] F. The ratio of persons receiving SNAP benefits to the total number of potentially eligible persons; the ratio of persons 60 years of age or older receiving SNAP benefits to the total number of potentially eligible persons 60 years of age or older; the ratio of nonelderly persons with a disability receiving SNAP benefits to the total number of potentially eligible nonelderly persons with a disability; and the ratio of children under 18 years of age receiving SNAP benefits to the total number of potentially eligible children under 18 years of age; [PL 2021, c. 398, Pt. OO, §18 (AMD).] G. The number and percentage of adult parents or caretaker relatives who have children in the household and who are receiving SNAP benefits, grouped by highest level of educational attainment of the adult parent or caretaker relative; [PL 2021, c. 398, Pt. OO, §19 (AMD).] H. The ratio of people participating in the MaineCare program, by eligibility group, to the total number of potentially eligible persons within each group; [PL 2019, c. 485, §1 (NEW).] I. The number and percentage of applications received by the department for the MaineCare program and the children's health insurance program as defined in section 3174‑X, subsection 1, paragraph A , by eligibility group, that are processed in less than 24 hours; that are processed within one to 7 days; that are processed within 8 to 30 days; that are processed within 31 to 45 days; and that are processed more than 45 days after receipt; [PL 2019, c. 485, §1 (NEW).] J. The average waiting times, by month, for a person calling the department's call center to speak to a person, not including an interactive voice response system; and [PL 2019, c. 485, §1 (NEW).] K. The number and percentage, by month, of telephone calls to the department's call center that are terminated by a caller prior to the caller's speaking to a person, not including an interactive voice response system. [PL 2019, c. 485, §1 (NEW).] [PL 2021, c. 648, §2 (AMD).]

2-A. Survey experiences of TANF and ASPIRE-TANF participants. Beginning in calendar year 2024 and biennially thereafter, the department shall conduct a survey of TANF and ASPIRE-TANF participants and compile the answers to include in its biennial report for the following year pursuant to subsection 3 . The department shall select a representative sample of current TANF and ASPIRE-TANF participants and a representative sample of TANF and ASPIRE-TANF participants whose participation in TANF was terminated in the previous year and whose contact information remains available to the department's office for family independence. The department shall survey the selected samples of participants using an anonymized survey. The department shall provide the opportunity to respond orally to the survey for participants who request interpreter services or another reasonable accommodation. Information about the participants is confidential. The department may use funds from the federal Temporary Assistance for Needy Families block grant to contract for this work. The survey topics must include, but are not limited to: A. Administrative burdens faced by ASPIRE-TANF participants; [PL 2021, c. 648, §3 (NEW).] B. Availability of interpretation and translation services; [PL 2021, c. 648, §3 (NEW).] C. Experiences of discrimination based on racial or ethnic identity, sex, gender identity, sexual orientation, ability or disability status, religion, national origin or marital status; [PL 2021, c. 648, §3 (NEW).] D. Availability of education and training programs, including postsecondary programs, and staff knowledge of and referrals to appropriate programs and services; [PL 2021, c. 648, §3 (NEW).] E. Availability of adequate support services, including but not limited to child care and transportation, and recommendations for other support services needed but not available; [PL 2021, c. 648, §3 (NEW).] F. Overall experiences and recommendations for improvement of ASPIRE-TANF; and [PL 2021, c. 648, §3 (NEW).] G. Optional demographic questions, including but not limited to geographic location, racial or ethnic identity, sexual orientation, gender identity, disability, religion, national origin, marital status and need for interpretation and translation services. [PL 2021, c. 648, §3 (NEW).] [PL 2021, c. 648, §3 (NEW).]

3. Measuring the effect of department initiatives to improve child and family economic security; reports. The department shall submit biennial reports, in accordance with this subsection, to the joint standing committee of the Legislature having jurisdiction over health and human services matters that analyze TANF's and ASPIRE-TANF's impact on family economic security, including increased ability to meet basic needs, improved education levels and increased income. A. [PL 2021, c. 648, §4 (NEW); MRSA T. 22 §3109, sub-§3, ¶A (RP).] B. Beginning January 15, 2025, and biennially thereafter, the department shall present the data collected pursuant to subsection 2 and the survey responses compiled pursuant to subsection 2‑A along with an assessment of how these data measures can be improved. The department shall also identify any obstacles to improving economic security for children, families and individuals and make recommendations for addressing those obstacles, which may include improved coordination between state agencies. The department shall convene a representative group of current and former TANF and ASPIRE-TANF participants who volunteer to review the data collected pursuant to subsection 2 and the anonymized survey data collected pursuant to subsection 2‑A . This group must have the opportunity to create a separate report making recommendations to improve economic security for children, families and individuals, which may also be presented by the group to the joint standing committee of the Legislature having jurisdiction over health and human services matters. [PL 2021, c. 648, §4 (NEW).] For all reports required pursuant to this subsection, the joint standing committee's review must include the opportunity for public comment, and the joint standing committee may introduce any legislation that is considered necessary to address barriers faced by the department in improving economic security for children, families and individuals in this State. [PL 2021, c. 648, §4 (RPR).]
22 M.R.S. § 2951 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2951
22 §2951. Persons that may receive anatomical gift; purpose of anatomical gift
Status: in_force

1. Named recipient. An anatomical gift of a body or part may be made to the following persons: A. A named hospital, accredited medical school, dental school, college, university or organ procurement organization or other appropriate person for research or education; [PL 2007, c. 601, §2 (NEW).] B. A named individual designated by the person making the anatomical gift if the individual is the recipient of the part; or, if the part for any reason cannot be transplanted into the individual, the part passes in accordance with subsection 6 in the absence of an express, contrary indication by the person making the anatomical gift; or [PL 2007, c. 601, §2 (NEW).] C. A named eye bank or tissue bank. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Named purpose. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply. A. If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. [PL 2007, c. 601, §2 (NEW).] B. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. [PL 2007, c. 601, §2 (NEW).] C. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. [PL 2007, c. 601, §2 (NEW).] D. If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

3. Priority of purposes. For the purpose of subsection 2 , if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy if suitable for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education. [PL 2007, c. 601, §2 (NEW).]

4. No named recipient or purpose. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection 1 and does not identify the purpose of the gift, the gift passes in accordance with subsection 6 and the decedent's parts must be used for transplantation or therapy, if suitable, and, if not suitable, the gift may be used for research or education. [PL 2007, c. 601, §2 (NEW).]

5. General intent. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor" or "body donor" or by a symbol or statement of similar import, the gift passes in accordance with subsection 6 and the decedent's parts must be used for transplantation or therapy, if suitable, and, if not suitable, the gift may be used for research or education. [PL 2007, c. 601, §2 (NEW).]

6. Rules of passing anatomical gifts. For purposes of subsection 1, paragraph B and subsections 3 , 4 and 5 , the following rules apply. A. If the part is an eye, the gift passes to the appropriate eye bank. [PL 2007, c. 601, §2 (NEW).] B. If the part is tissue, the gift passes to the appropriate tissue bank. [PL 2007, c. 601, §2 (NEW).] C. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

7. Passing of organ for transplantation or therapy. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection 1, paragraph B , passes to the organ procurement organization as custodian of the organ. [PL 2007, c. 601, §2 (NEW).]

8. Custody of body or part if not passed or used. If an anatomical gift does not pass pursuant to subsections 1 to 7 or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part. [PL 2007, c. 601, §2 (NEW).]

9. Acceptance of gift prohibited. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 2945 or 2950 or if the person knows that the decedent made a refusal under section 2947 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. [PL 2007, c. 601, §2 (NEW).]

10. Allocation of organs for transplant or therapy. Except as otherwise provided in subsection 1, paragraph B , nothing in this chapter affects the allocation of organs for transplantation or therapy. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1688 — ME Code / Title 22 / Subtitle 2 / Chapter 270-B / Section 1688
22 §1688. Enforcement
Status: in_force

This chapter shall be enforced by the Division of Health Engineering. Anyone violating this chapter or rules under this chapter commits a civil violation for which a forfeiture of not more than $200 may be adjudged. Each day of violation shall be considered a separate offense. [PL 1987, c. 8, §2 (NEW).]
22 M.R.S. § 8405 — ME Code / Title 22 / Subtitle 6 / Chapter 1675 / Section 8405
22 §8405. Exemption from certain requirements for accredited Montessori schools
Status: in_force

Notwithstanding any provision of this chapter or chapter 1673 or rules adopted pursuant to this chapter or chapter 1673 , a nursery school that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemption from those requirements of this chapter or chapter 1673 or rules adopted pursuant to this chapter or chapter 1673 that conflict with the recognized tenets of the Montessori philosophy. [PL 2005, c. 224, §2 (NEW).]

The commissioner 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 2005, c. 224, §2 (NEW).]
22 M.R.S. § 822 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 822
22 §822. Reporting
Status: in_force

1. Notification by physician. Whenever a physician knows or has reason to believe that a person whom the physician examines or cares for has a disease or condition designated as notifiable, that physician shall notify the department and make such a report as may be required by rules of the department. Reports must be in the form and content prescribed by the department and the department shall provide forms for making required reports. [PL 2019, c. 617, Pt. K, §1 (NEW).]

2. Reporting by health care facilities. The department may require a designated health care facility, as defined in section 802, subsection 4‑A, paragraph A , to report information about its emergency management plans and operations. The department also may require a designated health care facility to report other information, including, but not limited to, daily reporting of the number of available beds within that facility providing residential or inpatient services and for the reporting to be done through an online database approved by the department. The department may adopt rules that designate further information required for reporting emergency plans. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 617, Pt. K, §1 (NEW).]
22 M.R.S. § 1718-I — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-I
22 §1718-I. Hospital price transparency
Status: in_force

1. Compliance with federal regulations. A hospital must comply with the price transparency requirements established in 45 Code of Federal Regulations, Part 180, Subparts A and B, as in effect on January 1, 2024. [PL 2023, c. 584, Pt. B, §1 (NEW).]

2. Standard format; rules. A hospital must provide price transparency data in a standardized format established in rule by the Maine Health Data Organization. The Maine Health Data Organization shall adopt by rule a standardized format for a hospital to disclose price transparency data that is the same or substantially similar to any format required by federal regulations. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 584, Pt. B, §1 (NEW).]

3. Failure to comply. A hospital that fails to comply with subsection 2 or any rule adopted by the Maine Health Data Organization may be subject to a fine for failure to comply under section 8705‑A . Notwithstanding any provision of law to the contrary, the Maine Health Data Organization shall retain any fine collected from a hospital for a failure to comply with this section pursuant to a compliance action taken under section 8705‑A . [PL 2023, c. 584, Pt. B, §1 (NEW).]

4. Determination of material compliance; notice. Upon a determination that a hospital is not in material compliance with subsections 1 and 2 , the Maine Health Data Organization shall notify the hospital that the hospital is not in material compliance and require the hospital to take corrective action within 60 days to become materially compliant. The Maine Health Data Organization shall adopt by rule standards for material compliance that align with federal regulations. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 584, Pt. B, §1 (NEW).]
22 M.R.S. § 2122 — ME Code / Title 22 / Subtitle 2 / Chapter 416 / Section 2122
22 §2122. Definitions
Status: in_force

For the purposes of this chapter, unless the context otherwise indicates, dental health education shall mean the provision of printed curricula, audio-visual aids, toothbrushes, floss, disclosing tablets, topical and systemic fluorides and necessary permanent equipment to maintain oral hygiene. [PL 1979, c. 522, §1 (NEW).]
22 M.R.S. § 4050 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4050
22 §4050. Purpose
Status: in_force

Recognizing that instability and impermanency are contrary to the welfare of children, it is the intent of the Legislature that this subchapter:

1. Termination of parental rights. Allow for the termination of parental rights at the earliest possible time after rehabilitation and reunification efforts have been discontinued and termination is in the best interest of the child; [PL 1983, c. 772, §7 (NEW).]

2. Return to family. Eliminate the need for children to wait unreasonable periods of time for their parents to correct the conditions which prevent their return to the family; [PL 1983, c. 772, §7 (NEW).]

3. Adoption. Promote the adoption of children into stable families rather than allowing children to remain in the impermanency of foster care; and [PL 1983, c. 772, §7 (NEW).]

4. Protect interests of child. Be liberally construed to serve and protect the best interests of the child. [PL 1983, c. 772, §7 (NEW).]
22 M.R.S. § 4038 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038
22 §4038. Mandated review; review on motion
Status: in_force

1. Mandated review. If a court has made a jeopardy order, it shall review the case at least once every 6 months, unless the child has been emancipated or adopted. [PL 1997, c. 715, Pt. B, §7 (AMD).]

1-A. No mandated review. Notwithstanding subsection 1 , no subsequent judicial review is required unless petitioned for by any party or unless specifically ordered by the court: A. When custody has been granted to a person other than a parent or the department; [PL 2007, c. 284, §6 (AMD).] B. When custody has been granted to a parent who did not have custody at the time the child protection petition was filed; or [PL 2007, c. 284, §6 (AMD).] C. [PL 2003, c. 408, §4 (RP).] D. [PL 2003, c. 408, §5 (RP).] E. When a permanency guardianship has been established pursuant to section 4038‑C . [PL 2007, c. 284, §6 (NEW).] [PL 2007, c. 284, §6 (AMD).]

2. Review on motion. The court, the child's parent, custodian or guardian ad litem or a party to the proceeding, except a parent whose rights have been terminated under subchapter VI , may move for judicial review. The moving party shall have the burden of going forward. [PL 1985, c. 739, §12 (AMD).]

3. Notice of review. Notice of the reviews must be given to all parties to the initial proceeding according to District Court Civil Rule 4. Notice may not be given to a parent whose rights have been terminated under subchapter 6 . The department shall provide written notice of all reviews and hearings in advance of the proceeding to the foster parent, preadoptive parent and relative providing care and to the child if the child is 14 years of age or older. The notice must be dated and signed, must include a statement that the foster parent, preadoptive parent and relative providing care and the child if the child is 14 years of age or older are entitled to notice of and an opportunity to be heard in any review or hearing held with respect to the child and must contain the following language: "The right to be heard includes only the right to testify and does not include the right to present other witnesses or evidence, to attend any other portion of the review or hearing or to have access to pleadings or records." A copy of the notice must be filed with the court prior to the review or hearing. [PL 2025, c. 272, §6 (AMD).]

3-A. Prehearing conference. The court may convene a prehearing conference to clarify the disputed issues and review the possibility of settlement. [PL 2001, c. 559, Pt. CC, §2 (NEW).]

4. Disposition. [PL 1985, c. 739, §13 (RP).]

5. Hearing. The court shall hear evidence and shall consider the original reason for the adjudication and disposition under sections 4035 and 4036 , the events that have occurred since then and the efforts of the parties as set forth under section 4041 . After hearing or by agreement, the court shall make written findings that determine: A. The safety of the child in the child's placement; [PL 2003, c. 408, §6 (NEW).] B. The continuing necessity for and appropriateness of the child's placement; [PL 2003, c. 408, §6 (NEW).] C. The effect of a change in custody on the child; [PL 2003, c. 408, §6 (NEW).] D. The extent of the parties' compliance with the case plan and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care; [PL 2003, c. 408, §6 (NEW).] E. A likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship; and [PL 2003, c. 408, §6 (NEW).] F. If the child is 16 years of age or older, whether or not the child is receiving instruction to aid the child in independent living. [PL 2003, c. 408, §6 (NEW).] [PL 2003, c. 408, §6 (AMD).]

6. Disposition. The court may make any further order, based on a preponderance of evidence, that is authorized under section 4036 . A. [PL 1989, c. 270, §13 (RP).] B. [PL 1989, c. 270, §13 (RP).] C. [PL 1989, c. 270, §13 (RP).] [PL 1989, c. 270, §13 (AMD).]

7. Review of child in custody of the department. [PL 1997, c. 715, Pt. B, §9 (RP).]

7-A. Permanency planning hearing. [PL 2005, c. 372, §4 (RP).]

8. Placement in qualified residential treatment program; hearing within 60 days. The court shall conduct a hearing to review the status of a child placed in a qualified residential treatment program and determine the appropriateness of the placement within 60 days after the child enters the program. A. At the hearing under this subsection, the court shall: (1) Review a needs assessment of the child conducted by a qualified individual; (2) Consider whether the needs of the child can be met through an alternative placement in a family foster home as defined in section 8101, subsection 3 ; (3) Consider whether the placement of the child in a qualified residential treatment program provides effective and appropriate care for the child in the least restrictive environment; and (4) Consider whether placement of the child in a qualified residential treatment program is consistent with the short-term and long-term goals for the child as specified in the permanency plan of the child protection case pursuant to section 4038‑B . [PL 2021, c. 210, §3 (NEW).] B. The court shall state, in writing, the reasons for its decision to approve or disapprove under this subsection the continued placement of the child in the qualified residential treatment program. [PL 2021, c. 210, §3 (NEW).] C. In a hearing under this subsection, records of evaluations of the child and medical, behavioral and mental health records of the child are admissible upon showing that the records contain information relevant to the issues before the court, as long as the records are made available to counsel at least 10 days prior to the hearing. [PL 2021, c. 210, §3 (NEW).] [PL 2021, c. 210, §3 (NEW).]

9. Continued placement in qualified residential treatment program; judicial review. At each review conducted pursuant to this section regarding a child placed in a qualified residential treatment program, the court shall make judicial findings, by a preponderance of the evidence, regarding the child's continued placement. The court shall review the status of a child placed in a qualified residential treatment program at every judicial review and permanency hearing and determine the continued appropriateness of placement in the qualified residential treatment program. A. The court shall: (1) Determine whether an ongoing needs assessment of the child, as prepared by qualified individuals, supports continued placement of the child in the qualified residential treatment program; (2) Determine whether the documentation about the child regarding the child's placement in the qualified residential treatment program supports the conclusion that it is effective and appropriate care for the child in the least restrictive environment; and (3) Determine whether the documentation about the child supports the conclusion that continued placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the child as specified in the permanency plan of the child protection case pursuant to section 4038‑B . [PL 2021, c. 210, §4 (NEW).] B. The court shall state, in writing, the reasons for its decision to approve or disapprove under this subsection the continued placement of the child in the qualified residential treatment program. [PL 2021, c. 210, §4 (NEW).] C. In a review under this subsection regarding the child's continued placement in a qualified residential treatment program, records of evaluations of the child and medical, behavioral and mental health records of the child are admissible upon showing that the records contain information relevant to the issues before the court, as long as the records are made available to counsel at least 10 days prior to the review. [PL 2021, c. 210, §4 (NEW).] [PL 2021, c. 210, §4 (NEW).]

10. Rules concerning judicial review of the placement of children in qualified residential treatment programs. Notwithstanding any provision of law to the contrary, the Supreme Judicial Court may adopt rules of pleading, practice and procedure with respect to proceedings required by subsections 8 and 9 . After the effective date of the rules as adopted or amended, all laws in conflict with the rules are of no further effect. [PL 2021, c. 210, §5 (NEW).]