22 M.R.S. § 7301 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7301
22 §7301. Legislative intent
Status: in_force

1. Findings. The Legislature finds that: A. In-home and community support services have not been sufficiently available to many adults with long-term care needs; [PL 1981, c. 511, §1 (NEW).] B. Many adults with long-term care needs are at risk of being or already have been placed in institutional settings, because in-home and community support services or funds to pay for these services have not been available to them; [PL 1981, c. 511, §1 (NEW).] C. In some instances placement of adults with long-term care needs in institutional settings can result in emotional and social problems for these adults and their families; [PL 2009, c. 279, §2 (AMD).] D. For many adults with long-term care needs, it is less costly for the State to provide in-home and community support services than it is to provide care in institutional settings; [PL 2009, c. 279, §2 (AMD).] E. The majority of adults with long-term care needs have indicated a preference to remain in their own homes and in community settings rather than having their needs met in institutional settings; [PL 2009, c. 279, §2 (NEW).] F. For many adults with long-term care needs and their families, the process to identify and secure appropriate services may be confusing and difficult to navigate; and [PL 2009, c. 279, §2 (NEW).] G. A sustainable system of long-term care to meet the needs of citizens must emphasize in-home and community support services that capitalize upon personal and family responsibility. [PL 2009, c. 279, §2 (NEW).] [PL 2009, c. 279, §2 (AMD).]

2. Policy. The Legislature declares that it is the policy of this State, with regard to in-home and community support services: A. To increase the availability of long-term care services that are consumer-driven, optimize individual choice and autonomy and maximize physical health, mental health, functional well-being and independence for adults with long-term care needs through high-quality services and supports in settings that reflect the needs and choices of consumers and that are delivered in the most flexible, innovative and cost-effective manner; [PL 2009, c. 279, §2 (AMD); PL 2009, c. 420, §1 (AMD).] B. That the priority recipients of in-home and community support services, pursuant to this subtitle, must be adults with long-term care needs who are at the greatest risk without needed in-home and community support services; [PL 2009, c. 279, §2 (AMD); PL 2009, c. 420, §1 (AMD).] C. That a variety of agencies, facilities and individuals must be encouraged to provide in-home and community support services and to increase the percentages of adults with long-term care needs receiving in-home and community support services provided by persons who are employed as personal care assistants or direct support aides or by other providers. For the purposes of this paragraph, "direct support aide" means a personal care worker or direct support worker who provides a range of services, including personal daily living supports, health supports and community supports, to adults with long-term care needs; [PL 2009, c. 546, §1 (AMD).] D. To promote and encourage public and private partnerships among a variety of agencies, facilities and individuals; [PL 2009, c. 279, §2 (NEW); PL 2009, c. 420, §1 (NEW).] E. To support the roles of family caregivers and a qualified workforce in the effort to streamline and facilitate access to high-quality services in the least restrictive and most integrated settings; and [PL 2009, c. 279, §2 (NEW); PL 2009, c. 420, §1 (NEW).] F. To establish the most efficient and cost-effective system for delivering a broad array of long-term care services. [PL 2009, c. 546, §2 (RPR).] [PL 2009, c. 546, §§1, 2 (AMD).]
22 M.R.S. § 4258 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4258
22 §4258. Interstate Commission for the Placement of Children - Article 8 (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)

The Interstate Commission for the Placement of Children is established. The activity of the interstate commission is the formation of public policy, which is a discretionary state function. The interstate commission: [PL 2007, c. 255, §6 (NEW).]

1. Joint commission. Is a joint commission of the member states and has the responsibilities, powers and duties set forth in this section and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states; [PL 2007, c. 255, §6 (NEW).]

2. Commissioner. Consists of one commissioner from each member state who is appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner has the legal authority to vote on policy-related matters governed by this compact binding the state. A. Each member state represented at a meeting of the interstate commission is entitled to one vote. [PL 2007, c. 255, §6 (NEW).] B. A majority of the member states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. [PL 2007, c. 255, §6 (NEW).] C. A representative may not delegate a vote to another member state. [PL 2007, c. 255, §6 (NEW).] D. A representative may delegate voting authority to another person from that representative's state for a specified meeting; [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Members. In addition to the commissioners of each member state, includes persons who are members of interested organizations as defined in the bylaws or rules of the interstate commission. Such members are ex officio and are not entitled to vote on any matter before the interstate commission; and [PL 2007, c. 255, §6 (NEW).]

4. Executive committee. Shall establish an executive committee that has the authority to administer the day-to-day operations and administration of the interstate commission. The executive committee does not have the power to engage in rulemaking. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 1597-A — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1597-A
22 §1597-A. Consent to a minor's decision to have an abortion
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus. [PL 1989, c. 573, §2 (NEW).] B. "Counselor" means a person who is: (1) A psychiatrist; (2) A psychologist licensed under Title 32, chapter 56 ; (3) A social worker licensed under Title 32, chapter 83 ; (4) An ordained member of the clergy; (5) A physician associate licensed by the Board of Licensure in Medicine, Title 32, chapter 48 ; (6) A nurse practitioner registered by the Board of Licensure in Medicine, Title 32, chapter 48 ; (7) A certified guidance counselor; (8) A registered professional nurse licensed under Title 32, chapter 31 ; or (9) A practical nurse licensed under Title 32, chapter 31 . [PL 2019, c. 627, Pt. B, §6 (AMD); PL 2025, c. 316, §3 (REV).] C. "Minor" means a person who is less than 18 years of age. [PL 1989, c. 573, §2 (NEW).] [PL 2019, c. 627, Pt. B, §6 (AMD); PL 2025, c. 316, §3 (REV).]

2. Prohibitions; exceptions. Except as otherwise provided by law, a health care professional, as defined in section 1596, subsection 1, paragraph C , may not knowingly perform an abortion upon a pregnant minor unless: A. The health care professional has received and will make part of the medical record the informed written consent of the minor and one parent, guardian or adult family member; [PL 2019, c. 262, §2 (AMD).] B. The health care professional has secured the informed written consent of the minor as prescribed in subsection 3 and the minor, under all the surrounding circumstances, is mentally and physically competent to give consent; [PL 2019, c. 262, §2 (AMD).] C. The minor has received the information and counseling required under subsection 4 , the minor has secured written verification of receiving the information and counseling and the health care professional has received and will make part of the medical record the informed written consent of the minor and the written verification of receiving information and counseling required under subsection 4; or [PL 2019, c. 262, §2 (AMD).] D. The Probate Court or District Court issues an order under subsection 6 on petition of the minor or the next friend of the minor for purposes of filing a petition for the minor, granting: (1) To the minor majority rights for the sole purpose of consenting to the abortion and the health care professional has received the informed written consent of the minor; or (2) To the minor consent to the abortion, when the court has given its informed written consent and the minor is having the abortion willingly, in compliance with subsection 7 . [PL 2019, c. 262, §2 (AMD).] [PL 2019, c. 262, §2 (AMD).]

3. Informed consent; disallowance of recovery. A health care professional, as defined in section 1596, subsection 1, paragraph C , may not perform an abortion upon a minor unless, prior to performing the abortion, that health care professional has received the informed written consent of the minor. A. To ensure that the consent for an abortion is informed consent, the health care professional who will perform the abortion shall: (1) Inform the minor in a manner that, in the health care professional's professional judgment, is not misleading and that will be understood by the patient, of at least the following: (a) According to the health care professional's best judgment the minor is pregnant; (b) The number of weeks of duration of the pregnancy; and (c) The particular risks associated with the minor's pregnancy, the abortion technique that may be performed and the risks involved for both; (2) Provide the information and counseling described in subsection 4 or refer the minor to a counselor who will provide the information and counseling described in subsection 4 ; and (3) Determines whether the minor is, under all the surrounding circumstances, mentally and physically competent to give consent. [PL 2019, c. 262, §2 (AMD).] B. Recovery is not allowed against any health care professional upon the grounds that the abortion was rendered without the informed consent of the minor when: (1) The health care professional, in obtaining the minor's consent, acted in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities; or (2) The health care professional has received and acted in good faith on the informed written consent to the abortion given by the minor to a counselor. [PL 2019, c. 262, §2 (AMD).] [PL 2019, c. 262, §2 (AMD).]

4. Information and counseling for minors. The provision of information and counseling by any health care professional, as defined in section 1596, subsection 1, paragraph C , or counselor for any pregnant minor for decision making regarding pregnancy must be in accordance with this subsection. A. Any health care professional or counselor providing pregnancy information and counseling under this subsection shall, in a manner that will be understood by the minor: (1) Explain that the information being given to the minor is being given objectively and is not intended to coerce, persuade or induce the minor to choose either to have an abortion or to carry the pregnancy to term; (2) Explain that the minor may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed; (3) Clearly and fully explore with the minor the alternative choices available for managing the pregnancy, including: (a) Carrying the pregnancy to term and keeping the child; (b) Carrying the pregnancy to term and placing the child with a relative or with another family through foster care or adoption; (c) The elements of prenatal and postnatal care; and (d) Having an abortion; (4) Explain that public and private agencies are available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests; (5) Discuss the possibility of involving the minor's parents, guardian or other adult family members in the minor's decision making concerning the pregnancy and explore whether the minor believes that involvement would be in the minor's best interests; and (6) Provide adequate opportunity for the minor to ask any questions concerning the pregnancy, abortion, child care and adoption, and provide the information the minor seeks or, if the person cannot provide the information, indicate where the minor can receive the information. [PL 2019, c. 262, §2 (AMD).] B. After the person provides the information and counseling to a minor as required by this subsection, that person shall have the minor sign and date a form stating that: (1) The minor has received information on prenatal care and alternatives to abortion and that there are agencies that will provide assistance; (2) The minor has received an explanation that the minor may withdraw an abortion decision or reconsider a decision to carry a pregnancy to term; (3) The alternatives available for managing the pregnancy have been clearly and fully explored with the minor; (4) The minor has received an explanation about agencies available to provide birth control information; (5) The minor has discussed with the person providing the information and counseling the possibility of involving the minor's parents, guardian or other adult family members in the minor's decision making about the pregnancy; (6) The reasons for not involving the minor's parents, guardian or other adult family members are put in writing on the form by the minor or the person providing the information and counseling; and (7) The minor has been given an adequate opportunity to ask questions. The person providing the information and counseling shall also sign and date the form and include that person's address and telephone number. The person shall keep a copy for that person's files and shall give the form to the minor or, if the minor requests and if the person providing the information is not the health care professional performing the abortion, transmit the form to the health care professional performing the abortion. [PL 2019, c. 262, §2 (AMD).] [PL 2019, c. 262, §2 (AMD).]

5. Presumption of validity of informed written consent; rebuttal. An informed consent which is evidenced in writing containing information and statements provided in subsection 4 and which is signed by the minor shall be presumed to be a valid informed consent. This presumption may be subject to rebuttal only upon proof that the informed consent was obtained through fraud, deception or misrepresentation of material fact. [PL 1989, c. 573, §2 (NEW).]

6. Court order concerning consent to abortion. The court may issue an order for the purpose of consenting to the abortion by the minor under the following circumstances and procedures. A. The minor or next friend of the minor for the purposes of filing a petition may make an application to the Probate Court or District Court which shall assist the minor or next friend in preparing the petition. The minor or the next friend of the minor shall file a petition setting forth: (1) The initials of the minor; (2) The age of the minor; (3) That the minor has been fully informed of the risks and consequences of the abortion; (4) That the minor is of sound mind and has sufficient intellectual capacity to consent to the abortion; (5) That, if the court does not grant the minor majority rights for the purpose of consent to the abortion, the court should find that the abortion is in the best interest of the minor and give judicial consent to the abortion; (7) That, if the minor does not have private counsel, that the court may appoint counsel. The minor or the next friend shall sign the petition. [PL 1989, c. 573, §2 (NEW).] B. The petition is a confidential record and the court files on the petition shall be impounded. [PL 1989, c. 573, §2 (NEW).] C. A hearing on the merits of the petition shall be held as soon as possible within 5 days of the filing of the petition. If any party is unable to afford counsel, the court shall appoint counsel at least 24 hours before the time of the hearing. At the hearing, the court shall hear evidence relating to: (1) The emotional development, maturity, intellect and understanding of the minor; (2) The nature, possible consequences and alternatives to the abortion; and (3) Any other evidence that the court may find useful in determining whether the minor should be granted majority rights for the purpose of consenting to the abortion or whether the abortion is in the best interest of the minor. The hearing on the petition shall be held as soon as possible within 5 days of the filing of the petition. The court shall conduct the hearing in private with only the minor, interested parties as determined by the court and necessary court officers or personnel present. The record of the hearing is not a public record. [PL 1989, c. 573, §2 (NEW).] D. In the decree, the court shall for good cause: (1) Grant the petition for majority rights for the sole purpose of consenting to the abortion; (2) Find the abortion to be in the best interest of the minor and give judicial consent to the abortion, setting forth the grounds for the finding; or (3) Deny the petition only if the court finds that the minor is not mature enough to make the minor's own decision and that the abortion is not in the minor's best interest. [RR 2021, c. 2, Pt. B, §96 (COR).] E. If the petition is allowed, the informed consent of the minor, pursuant to a court grant of majority rights or the judicial consent, shall bar an action by the parent or guardian of the minor on the grounds of battery of the minor by those performing the abortion. The immunity granted shall only extend to the performance of the abortion and any necessary accompanying services which are performed in a competent manner. [PL 1989, c. 573, §2 (NEW).] F. The minor may appeal an order issued in accordance with this section to the Superior Court. The notice of appeal shall be filed within 24 hours from the date of issuance of the order. Any record on appeal shall be completed and the appeal shall be perfected within 5 days from the filing of notice to appeal. The Supreme Judicial Court shall, by court rule, provide for expedited appellate review of cases appealed under this section. [PL 1989, c. 573, §2 (NEW).] [RR 2021, c. 2, Pt. B, §96 (COR).]

7. Abortion performed against the minor's will. An abortion may not be performed on any minor against the minor's will, except that an abortion may be performed against the will of a minor pursuant to a court order described in subsection 6 that the abortion is necessary to preserve the life of the minor. [RR 2021, c. 2, Pt. B, §97 (COR).]

8. Violations; penalties. The following penalties apply to violations of this section. A. A person may not knowingly perform or aid in the performance of an abortion in violation of this section. A person who violates this paragraph commits a Class D crime. [PL 2003, c. 452, Pt. K, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A health care professional, as defined in section 1596, subsection 1, paragraph C , or counselor may not knowingly fail to perform any action required by this section. A person who violates this paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged for each violation. [PL 2019, c. 262, §3 (AMD).] [PL 2019, c. 262, §3 (AMD).]

9. Nonseverability. In the event that any portion of this section is held invalid, it is the intent of the Legislature that this entire section shall be invalid. [PL 1989, c. 573, §2 (NEW).]
22 M.R.S. § 4008 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4008
22 §4008. Records; confidentiality; disclosure
Status: in_force

1. Confidentiality of records and information. All department records that contain personally identifying information and are created or obtained in connection with the department's child protective activities and activities related to a child while in the care or custody of the department, and all information contained in those records, are confidential and subject to release only under the conditions of subsections 2 and 3 . Within the department, the records are available only to and may be used only by appropriate departmental personnel and legal counsel for the department in carrying out their functions. Any person who receives department records or information from the department may use the records or information only for the purposes for which that release was intended. [PL 2007, c. 485, §1 (AMD); PL 2007, c. 485, §2 (AFF).]

1-A. Disclosure. The department may determine that for the purposes of disclosure under this section records are limited to only records created by the department in connection with its duties under this chapter. [PL 2021, c. 176, §5 (NEW).]

2. Optional disclosure of records. The department may disclose relevant information in the records to the following persons: A. An agency or person investigating or participating on a team investigating a report of child abuse or neglect when the investigation or participation is authorized by law or by an agreement with the department; [PL 1987, c. 511, Pt. B, §1 (RPR).] A-1. A law enforcement agency, to the extent necessary for reporting, investigating and prosecuting an alleged crime, the victim of which is a department employee, an employee of the Attorney General's Office, an employee of any court or court system, a person mandated to report suspected abuse or neglect, a person who has made a report to the department, a person who has provided information to the department or an attorney, guardian ad litem, party, participant, witness or prospective witness in a child protection proceeding; [PL 2005, c. 300, §3 (NEW).] A-2. An administrator of a social media service, to the extent authorized by a court for reporting, investigating or removing a threat or serious intimidation attempt directed against an employee of the department, an employee of the Attorney General's office, a guardian ad litem or an officer of any court or court system. The information remains confidential and the social media service may not redisclose any of the information provided by the department. For the purposes of this subsection, "social media service" means an electronic medium or service through which users create, share and view user-generated content; [PL 2021, c. 148, §1 (NEW).] B. [PL 1983, c. 327, §3 (RP).] C. A physician treating a child who the physician reasonably suspects may be abused or neglected; [RR 2021, c. 2, Pt. B, §181 (COR).] D. A child named in a record who is reported to be abused or neglected, or the child's parent or custodian, or the subject of the report, with protection for identity of reporters and other persons when appropriate; [PL 1987, c. 744, §3 (AMD).] D-1. A parent, custodian or caretaker of a child when the department believes the child may be at risk of harm from the person who is the subject of the records or information, with protection for identity of reporters and other persons when appropriate; [PL 2005, c. 300, §4 (NEW).] D-2. [PL 2023, c. 151, §6 (RP).] E. A person having the legal responsibility or authorization to evaluate, treat, educate, care for or supervise a child, parent or custodian who is the subject of a record, or a member of a panel appointed by the department to review child deaths and serious injuries, or a member of the Domestic Abuse Homicide Review Panel established under Title 19‑A, section 4115, subsection 4 . This includes a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record. This may also include a member of a support team for foster parents, if that team has been reviewed and approved by the department; [PL 2021, c. 647, Pt. B, §50 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] E-1. [PL 2007, c. 371, §3 (RP).] F. Any person engaged in bona fide research, provided that no personally identifying information is made available, unless it is essential to the researcher and the commissioner or the commissioner's designee gives prior approval. If the researcher desires to contact a subject of a record, the subject's consent shall be obtained by the department prior to the contact; [PL 1989, c. 270, §2 (RPR).] G. Any agency or department involved in licensing or approving homes for, or the placement of, children or dependent adults, with protection for identity of reporters and other persons when appropriate; [PL 1989, c. 270, §3 (RPR).] H. Persons and organizations pursuant to Title 5, section 9057, subsection 6 , and pursuant to chapter 857 ; [PL 1989, c. 270, §4 (RPR); PL 1989, c. 502, Pt. A, §76 (RPR); PL 1989, c. 878, Pt. A, §62 (RPR).] I. The representative designated to provide child welfare services by the tribe of an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1903 or the Maine Indian Child Welfare Act, section 3943, subsections 8 and 10 , or a representative designated to provide child welfare services by an Indian tribe of Canada; [PL 2023, c. 359, §7 (AMD).] J. A person making a report of suspected abuse or neglect. The department may only disclose that it has not accepted the report for investigation, unless other disclosure provisions of this section apply; [PL 2015, c. 194, §1 (AMD); PL 2015, c. 198, §1 (AMD).] K. The local animal control officer or the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 when there is a reasonable suspicion of animal cruelty, abuse or neglect. For purposes of this paragraph, "cruelty, abuse or neglect" has the same meaning as provided in Title 34‑B, section 1901, subsection 1, paragraph B ; [PL 2015, c. 494, Pt. A, §21 (AMD).] L. A person for the purpose of carrying out background screening of an individual who is or may be engaged in: (1) Child-related activities or employment; or (2) Activities or employment relating to adults with intellectual disabilities, autism, related conditions as set out in 42 Code of Federal Regulations, Section 435.1010 or acquired brain injury; [PL 2023, c. 638, §27 (AMD).] M. The personal representative of the estate of a child named in a record who is reported to be abused or neglected; and [PL 2023, c. 638, §28 (AMD).] N. The Maine Commission on Public Defense Services established by Title 5, section 12004‑G, subsection 25‑A for the purpose of assigning, evaluating or supervising counsel, with protection for identity of reporters and other persons when appropriate. [PL 2023, c. 638, §29 (NEW).] [PL 2023, c. 638, §§27-29 (AMD).]

3. Mandatory disclosure of records. The department shall disclose relevant information in the records to the following persons: A. The guardian ad litem of a child, appointed pursuant to section 4005, subsection 1 ; [PL 2005, c. 300, §8 (AMD).] A-1. The court-appointed guardian ad litem or attorney of a child who is the subject of a court proceeding involving parental rights and responsibilities, grandparent visitation, custody, guardianship or involuntary commitment. The access of the guardian ad litem or attorney to the records or information under this paragraph is limited to reviewing the records in the offices of the department. Any other use of the information or records during the proceeding in which the guardian ad litem or attorney is appointed is governed by paragraph B ; [PL 2009, c. 38, §1 (AMD).] B. A court on its finding that access to those records may be necessary for the determination of any issue before the court or a court requesting a home study from the department pursuant to Title 18‑C, section 9‑304 or Title 19‑A, section 905 . Access to such a report or record is limited to counsel of record unless otherwise ordered by the court. Access to actual reports or records is limited to in camera inspection, unless the court determines that public disclosure of the information is necessary for the resolution of an issue pending before the court; [PL 2017, c. 402, Pt. C, §60 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A grand jury on its determination that access to those records is necessary in the conduct of its official business; [PL 1983, c. 327, §4 (AMD); PL 1983, c. 470, §12 (AMD).] D. An appropriate state executive or legislative official with responsibility for child protection services, provided that no personally identifying information may be made available unless necessary to that official's functions; [PL 2001, c. 439, Pt. X, §2 (AMD).] E. The protection and advocacy agency for persons with disabilities, as designated pursuant to Title 5, section 19502 , in connection with investigations conducted in accordance with Title 5, chapter 511 . The determination of what information and records are relevant to the investigation must be made by agreement between the department and the agency; [PL 1991, c. 630, §2 (AMD).] F. The Commissioner of Education when the information concerns teachers and other professional personnel issued certificates under Title 20‑A , persons employed by schools approved pursuant to Title 20‑A or any employees of schools operated by the Department of Education; [PL 2001, c. 696, §18 (AMD).] G. The prospective adoptive parents. Prior to a child being placed for the purpose of adoption, the department shall comply with the requirements of Title 18‑C, section 9‑304, subsection 3 and section 8205 ; [PL 2017, c. 402, Pt. C, §61 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] H. Upon written request, a person having the legal authorization to evaluate or treat a child, parent or custodian who is the subject of a record. This includes a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record; [PL 2003, c. 673, Pt. Z, §3 (AMD).] I. Any government entity that needs such information in order to carry out its responsibilities under law to protect children from abuse and neglect. For purposes of this paragraph, "government entity" means a federal entity, a state entity of any state, a local government entity of any state or locality or an agent of a federal, state or local government entity; [PL 2007, c. 371, §4 (AMD).] J. To a juvenile court when the child who is the subject of the records has been brought before the court pursuant to Title 15, Part 6 ; [PL 2013, c. 293, §1 (AMD).] K. A relative or other person whom the department is investigating for possible custody or placement of the child; [PL 2015, c. 381, §1 (AMD).] L. To a licensing board of a mandated reporter, in the case of a mandated reporter under section 4011‑A, subsection 1 who appears from the record or relevant circumstances to have failed to make a required report. Any information disclosed by the department personally identifying a licensee's client or patient remains confidential and may be used only in a proceeding as provided by Title 5, section 9057, subsection 6 ; [PL 2023, c. 151, §7 (AMD).] M. Law enforcement authorities for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to a national information clearinghouse for missing and exploited children operated pursuant to 42 United States Code, Section 5773(b). Information disclosed pursuant to this paragraph is limited to information on missing or abducted children or youth that is required to be disclosed pursuant to 42 United States Code, Section 671(a)(35)(B); and [PL 2023, c. 151, §8 (AMD).] N. A party to a child protection proceeding and the attorney representing the party in the proceeding, with protection for identity of reporters and other persons when appropriate. [PL 2023, c. 151, §9 (NEW).] [PL 2023, c. 151, §§7-9 (AMD).]

3-A. Confidentiality. The proceedings and records of the child death and serious injury review panel created in accordance with section 4004, subsection 1, paragraph E are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The commissioner shall disclose conclusions of the review panel upon request and recommendations pursuant to section 4004, subsection 1, paragraph E , but may not disclose data that is otherwise classified as confidential. [PL 2021, c. 550, §2 (AMD).]

4. Unlawful dissemination; penalty. A person is guilty of unlawful dissemination if the person knowingly disseminates records that are determined confidential by this section, in violation of the mandatory or optional disclosure provisions of this section. Unlawful dissemination is a Class E crime that, notwithstanding Title 17‑A, section 1604, subsection 1, paragraph E , is punishable by a fine of not more than $500 or by imprisonment for not more than 30 days. [PL 2019, c. 113, Pt. C, §67 (AMD).]

5. Retention of unsubstantiated child protective services records. Except as provided in this subsection, the department shall retain unsubstantiated child protective services case records for no more than 5 years following a finding of unsubstantiation and then expunge unsubstantiated case records from all departmental files or archives unless a new referral has been received within the 5-year retention period. An expunged record or unsubstantiated record that should have been expunged under this subsection may not be used for any purpose, including admission into evidence in any administrative or judicial proceeding. [PL 2017, c. 472, §1 (AMD).]

6. Disclosing information; establishment of fees; rules. The department may charge fees for searching and disclosing information in its records as provided in this subsection. A. The department may charge fees for the services listed in paragraph B to any person except the following: (1) A parent in a child protection proceeding, an attorney who represents a parent in a child protection proceeding or a guardian ad litem in a child protection proceeding when the parent, attorney or guardian ad litem requests the service for the purposes of the child protection proceeding; (2) An adoptive parent or prospective adoptive parent who requests information in the department's records relating to the child who has been or might be adopted; (3) A person having the legal authorization to evaluate or treat a child, parent or custodian who is the subject of a record, including a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record; the information in the record must be requested for the purpose of evaluating or treating the child, parent or custodian who is the subject of the record; (4) Governmental entities of this State that are not engaged in licensing; and (5) Governmental entities of any county or municipality of this State that are not engaged in licensing. An order by a court for disclosure of information in records pursuant to subsection 3, paragraph B must be deemed to have been made by the person requesting that the court order the disclosure. [PL 2015, c. 194, §4 (AMD).] B. The department may charge fees for the following services: (1) Searching its records to determine whether a particular person is named in the records; (2) Receiving and responding to a request for disclosure of information in department records, whether or not the department grants the request; and (3) Disclosing information in department records. [PL 2015, c. 194, §4 (AMD).] C. The department shall adopt rules governing requests for the services listed in paragraph B . Those rules may provide for a mechanism for making a request, the information required in making a request, the circumstances under which requests will be granted or denied and any other matter that the department determines necessary to efficiently respond to requests for disclosure of information in the records. The rules must establish a list of specified categories of activities or employment for which the department may provide information for background or employment-related screening pursuant to subsection 2, paragraph L . Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 194, §4 (AMD).] D. The department shall establish a schedule of fees by rule. The schedule of fees may provide that certain classes of persons are exempt from the fees, and it may establish different fees for different classes of persons. All fees collected by the department must be deposited in the General Fund. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 673, Pt. W, §1 (NEW).] E. A governmental entity that is engaged in licensing may charge an applicant for the fees imposed on it by the department for searching and disclosing information in its records. [PL 2015, c. 194, §4 (AMD).] F. This subsection may not be construed to permit or require the department to make a disclosure in any particular case. [PL 2003, c. 673, Pt. W, §1 (NEW).] [PL 2015, c. 194, §4 (AMD).]

7. Appeal of denial of disclosure of records. A parent, legal guardian, custodian or caretaker of a child who requests disclosure of information in records under subsection 2 and whose request is denied may request an administrative hearing to contest the denial of disclosure. The request for hearing must be made in writing to the department. The department shall conduct hearings under this subsection in accordance with the requirements of Title 5, chapter 375, subchapter 4 . The issues that may be determined at hearing are limited to whether the nondisclosure of some or all of the information requested is necessary to protect the child or any other person. The department shall render after hearing without undue delay a decision as to whether some or all of the information requested should be disclosed. The decision must be based on the hearing record and rules adopted by the commissioner. The decision must inform the requester that the requester may file a petition for judicial review of the decision within 30 days of the date of the decision. The department shall send a copy of the decision to the requester by regular mail to the requester's most recent address of record. [PL 2015, c. 501, §2 (NEW).]
22 M.R.S. § 3279 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3279
22 §3279. Unindorsed checks; procedure
Status: in_force

When, for any reason, a person who has been determined to be eligible for state supplemental income is unable to indorse the check for the last payment approved for the recipient prior to the recipient's death, the department may approve payment by the State of obligations incurred by the recipient for board and room in anticipation of the receipt of the check, the payments to be authorized in accordance with the rules of the department. A claim that may be paid under this section must be presented to the department in writing within 60 days of the date of the death of the eligible person. [RR 2021, c. 2, Pt. B, §169 (COR).]
22 M.R.S. § 2032 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2032
22 §2032. Specimens
Status: in_force

The following persons may collect or process specimens: licensed health care professionals; designees of licensed health care professionals acting within their scope of practice; and qualified medical laboratory personnel who are authorized by the director of the medical laboratory. [PL 2011, c. 531, §3 (RPR).]
22 M.R.S. § 7249-A — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7249-A
22 §7249-A. Reporting of methadone treatment with consent (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2017, c. 243, §5)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2017, c. 243, §5)

1. Consent form; methadone treatment. The department shall develop a consent form to be presented to every patient receiving treatment at any facility that provides methadone for the treatment of opioid dependency. The form records the patient's identifying information along with consent to enter the name of the patient's methadone treatment facility and dosage information into the program. The form must be available to the facility for use in paper or electronic form. The contents of the form may be disclosed only in a medical emergency as described in section 7250, subsection 7 . The patient may decline consent. [PL 2017, c. 243, §2 (NEW); PL 2017, c. 243, §5 (AFF).]

2. Treatment facility to enter information into the program. For a patient who has provided consent pursuant to subsection 1 , a prescriber or the prescriber's designee at a facility that provides methadone for the treatment of opioid dependency shall enter the patient's identifying information along with the name of the methadone treatment facility and the dosage information into the program. Dosage information must be entered at the beginning of treatment, after the first 90 days of treatment and every 180 days after that. If a patient ceases treatment or moves to a different facility, the patient's methadone treatment facility must notify the program within 30 days of that change in status. [PL 2017, c. 243, §2 (NEW); PL 2017, c. 243, §5 (AFF).]

3. Renewal of consent form. A facility that provides methadone for the treatment of opioid dependency must provide a new consent form under subsection 1 to a patient annually and renew that patient's consent. The patient may choose to decline consent or void consent at any time. [PL 2017, c. 243, §2 (NEW); PL 2017, c. 243, §5 (AFF).]
22 M.R.S. § 7802 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7802
22 §7802. Issuance of license or approval
Status: in_force

1. Types of license or approval. The department shall issue the following types of licenses. A. A provisional license or approval shall be issued by the department to an applicant who: (1) Has not previously operated the facility for which the application is made or is licensed or approved but has not operated during the term of that license or approval; (2) Complies with all applicable laws and rules, except those which can only be complied with once clients are served by the applicant; and (3) Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license or approval term. [PL 1983, c. 386, §2 (NEW).] B. The department shall issue a full license or approval to an applicant who complies with all applicable laws and rules. [PL 1983, c. 386, §2 (NEW).] C. A conditional license or approval may be issued by the department when the individual or agency fails to comply with applicable laws and rules and, in the judgment of the commissioner, the best interest of the public would be so served by issuing a conditional license or approval. The conditional license or approval must specify when and what corrections must be made during the term of the conditional license or approval. A conditional license or approval may be issued upon initial application to an individual or agency that has failed to comply with applicable laws and rules while operating under another license. [PL 2025, c. 305, Pt. A, §4 (AMD).] D. A temporary license to operate a family foster home may be issued on a one-time basis when a preliminary evaluation of the home by the department has determined that the applicants are capable of providing foster care, in accordance with applicable laws and rules relating to minimum standards of health, safety and well-being, except that it is not possible to obtain a fire safety inspection in accordance with section 8103 prior to licensure and there are no obvious fire safety violations and, in the judgment of the commissioner, the best interest of the public will be so served by issuing a temporary license. [PL 1985, c. 706, §1 (NEW).] E. A 2-year full license may be issued by the department for a residential care facility or a congregate housing service program as long as it is in substantial compliance with licensing rules and has no history of health or safety violations. [PL 2001, c. 263, §1 (RPR).] [PL 2025, c. 305, Pt. A, §4 (AMD).]

1-A. Consolidation of functions. All staff performing general licensing functions within the Office of Child and Family Services, including the out-of-home abuse and neglect investigating team when investigating pursuant to section 8354, subsection 2, paragraph C, are consolidated as a single organizational unit. [PL 2023, c. 405, Pt. A, §78 (AMD).]

2. Term of license or approval; compliance visits. A. The provisional license or approval shall be issued for a minimum period of 3 months or a longer period, as deemed appropriate by the department, not to exceed 12 consecutive months. [PL 1983, c. 386, §2 (NEW).] B. The terms of full licenses or approvals are as follows. (1) Except as provided in subparagraphs (2) to (8), the term of all full licenses and approvals issued pursuant to this chapter is for one year or the remaining period of a conditional or provisional license that has been issued for less than one year. (2) The term of a children's residential care facility license is for 2 years. (3) The term of a drug treatment center license is for 2 years. (4) The term of a family foster home or specialized foster home license is for 2 years. (5) The term of a child care facility license issued under section 8301‑A, subsection 2 is for 2 years. (6) The term of a family child care provider license issued under section 8301‑A, subsection 3 is for 2 years. (7) The term of an adult day care program license pursuant to chapter 1679 is for either one or 2 years at the discretion of the department. (8) The term of an assisted housing facility license issued under section 7853 is for 2 years. [PL 2023, c. 176, §5 (AMD).] C. The conditional license shall be issued for a specific period, not to exceed one year, or the remaining period of the previous full license, whichever the department determines appropriate based on the laws and rules violated. [PL 1983, c. 386, §2 (NEW).] C-1. The term of a temporary family foster home license shall be for a specific period not to exceed 120 days. [PL 1985, c. 706, §2 (NEW).] D. The department shall inspect for continued compliance with applicable laws and rules prior to the expiration of the license or approval. [PL 2001, c. 263, §2 (AMD).] E. Residential care facilities and congregate housing services programs for which a license has been issued must be periodically inspected for continued compliance with applicable laws and rules under the rules to be established by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 263, §3 (NEW).] [PL 2023, c. 176, §5 (AMD).]

3. Failure to comply with applicable laws and rules. In taking action pursuant to this subsection, the department shall notify the licensee of the opportunity to request an administrative hearing or shall file a complaint with the District Court in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . A. When an applicant fails to comply with applicable law and rules, the department may refuse to issue or renew the license or approval. [PL 1983, c. 386, §2 (NEW).] B. If, at the expiration of a full or provisional license or approval, at the expiration of a temporary family foster home license or during the term of a full license or approval, the facility fails to comply with applicable law and rules and, in the judgment of the commissioner, the best interest of the public would be served, the department may issue a conditional license or approval, or change a full license or approval to a conditional license or approval. Failure by the conditional licensee to meet the conditions specified by the department shall permit the department to void the conditional license or approval or refuse to issue a full license or approval. The conditional license or approval shall be void when the department has delivered in hand or by certified mail a written notice to the licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left written notice thereof at the agency or facility. For the purposes of this subsection the term "licensee" means the person, firm, corporation or association to whom a conditional license or approval has been issued. [PL 1985, c. 706, §3 (AMD).] C. Whenever, upon investigation, conditions are found which, in the opinion of the department, immediately endanger the health or safety of persons living in or attending a facility, the department may request the District Court for an emergency suspension pursuant to Title 4, section 184, subsection 6 . [PL 1999, c. 547, Pt. B, §42 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] D. Any license or approval issued under this subtitle may be suspended or revoked for violation of applicable law and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the facility or conduct or practices detrimental to the welfare of persons living in or attending the facility. When the department believes that a license or approval should be suspended or revoked, it shall file a complaint with the District Court as provided in the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 386, §2 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AMD).] [PL 1999, c. 547, Pt. B, §§42, 78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

4. Subsequent application for a full license or approval. Subsequent to any of the following actions, a subsequent application for a full license or approval may be considered by the department when the deficiencies identified by the department have been corrected: A. Issuance of a conditional license or approval; [PL 1983, c. 386, §2 (NEW).] B. Refusal to issue or renew a full license or approval; [PL 1983, c. 386, §2 (NEW).] C. Revocation or suspension of a full license or approval; [PL 1985, c. 706, §4 (AMD).] D. Refusal to issue a provisional license or approval; or [PL 1985, c. 706, §4 (AMD).] E. Expiration of a temporary family foster home license. [PL 1985, c. 706, §5 (NEW).] [PL 1985, c. 706, §§4, 5 (AMD).]

5. Appeals. Any person aggrieved by the department's decision to take any of the following actions, may request an administrative hearing, as provided by the Maine Administrative Procedure Act, Title 5, chapter 375 : A. Issue a conditional license or approval; [PL 1983, c. 386, §2 (RPR).] B. Amend or modify a license or approval; [PL 1983, c. 386, §2 (RPR).] C. Void a conditional license or approval; [PL 1983, c. 386, §2 (RPR).] D. Refuse to issue or renew a full license or approval; [PL 1985, c. 706, §6 (AMD).] E. Refuse to issue a provisional license or approval; or [PL 1985, c. 706, §7 (AMD).] F. Refuse to issue a temporary family foster home license. [PL 1985, c. 706, §8 (NEW).] [PL 1985, c. 706, §§6-8 (AMD).]

6. Time limit on reapplication after denial or revocation. The following time limit applies to a reapplication after denial or revocation. A. When a license for a child care facility or a family child care provider has been denied or revoked on one occasion, the applicant or licensee may not reapply for a license for a child care facility or a family child care provider for a period of one year from the effective date of the denial or revocation decision if not appealed, or, if appealed, from the effective date of the commissioner's final decision or the reviewing court's order, whichever is later. [PL 2021, c. 35, §15 (AMD).] B. If a license for a child care facility or a family child care provider has been denied or revoked on 2 occasions, the applicant or licensee may not reapply for a license for a child care facility or a family child care provider for a period of 2 years from the effective date of the second denial or revocation decision if the decision is not appealed or, if appealed, from the effective date of the commissioner's final decision or the reviewing court's order, whichever is later. [PL 2021, c. 35, §15 (AMD).] C. If a license for a child care facility or a family child care provider has been denied or revoked on 3 occasions, the applicant or licensee may not receive another license for the care of children. [PL 2021, c. 35, §15 (AMD).] [PL 2021, c. 35, §15 (AMD).]

7. Rules. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 324, §10 (NEW).]
22 M.R.S. § 7269 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7269
22 §7269. Rule-making functions of the interstate commission - Article 9
Status: in_force

1. Rule-making authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding this subsection, in the event the interstate commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this compact or the powers granted under this compact, such an action by the interstate commission is invalid and has no force or effect. Any rules promulgated by the commission do not override the State's authority to govern prescription drugs or each member state's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).]

2. Rule-making procedure. Rules must be made pursuant to a rule-making process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the interstate commission. [PL 2011, c. 217, §1 (NEW).]

3. Judicial review. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule as long as the filing of such a petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and may not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 3201 — ME Code / Title 22 / Subtitle 3 / Chapter 855-A / Section 3201
22 §3201. Declaration of objectives and purpose
Status: in_force

1. Objective. In keeping with the American heritage that each person in our society has an inherent human dignity, it is declared that persons of the State of Maine who are visually impaired, disabled or elderly are entitled to sufficient income to attain a reasonable standard of living, which will encourage the pursuit of a meaningful life of greatest value to the nation, the State of Maine and fellow human beings. It is the mutual and shared duty of first, the individual and the individual's family, second, the community and private agencies of the community and ultimately the governments of the political subdivisions of this State, the State of Maine and the United States of America to enable persons who are visually impaired, disabled or elderly to secure income. The objective of this Part is to reduce income barriers to personal and economic independence by encouraging persons who are visually impaired, disabled or elderly to secure and maintain maximum dignity, independence and self-care in a home environment and, if needed, with an appropriate state supplemental income. [RR 2021, c. 2, Pt. B, §166 (COR).]

2. Purpose. It is further declared that many blind, disabled and elderly people in the State of Maine do not have income sufficient to meet the minimum cost of living budget relating to Maine as determined by the United States Department of Labor, Bureau of Labor Statistics. It is therefore the purpose of this Act, in support of the above objective, to make available to blind, disabled and elderly people a program of state supplemental income. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 818 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 818
22 §818. Liability for expenses
Status: in_force

1. Financial liability; individual. An individual is financially liable for any care provided pursuant to this subchapter to the individual to the extent that the individual has public or private insurance or otherwise has the ability to pay for that care. An individual shall not be denied the care because of inability to pay for that care. [PL 1989, c. 487, §11 (NEW).]

2. Liability. The State shall pay, on certification by the commissioner, the expenses for care of an individual receiving care under this chapter who is not a resident of a municipality in this State. [PL 1989, c. 487, §11 (NEW).]

3. Subrogation. The State shall be subrogated to the rights of recovery which the individual may have against a liable 3rd party for the cost of care provided for the individual under this subchapter to the extent that the State has spent money for that care. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 2664 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2664
22 §2664. Rules
Status: in_force

The department may adopt and enforce rules necessary to protect public health and safety and carry out the provisions of this chapter relating directly to the safe and sanitary design, construction and operation of public pools and spas. [PL 2007, c. 631, §6 (AMD).]
22 M.R.S. § 1813 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1813
22 §1813. Licenses for new and existing hospitals
Status: in_force

A person, partnership, association or corporation or any state, county or local governmental unit may not continue to operate an existing hospital, sanatorium, convalescent home, rest home, nursing home or ambulatory surgical facility or open a hospital, sanatorium, convalescent home, rest home, nursing home or ambulatory surgical facility unless the operation is approved and regularly licensed by the State. [PL 1991, c. 104 (RPR).]

Notwithstanding any other provision of this Title, a state-operated mental health hospital subject to licensure may have its current conditional license extended until January 1, 1993. By January 1, 1993, the department shall adopt rules that apply specifically to the licensure of psychiatric and mental health hospitals. Until those rules are adopted, the department shall apply existing hospital licensure rules to psychiatric and mental health hospitals. [PL 1991, c. 104 (RPR).]

For nursing facilities providing both nursing facility and assisted housing services, the department shall issue one license reflecting both levels of care. The commissioner shall adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 305, Pt. A, §2 (AMD).]
22 M.R.S. § 329 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 329
22 §329. Certificate of need required
Status: in_force

A person may not enter into any commitment for financing a project that requires a certificate of need or incur an expenditure for the project without having sought and received a certificate of need, except that this prohibition does not apply to obligations for financing conditioned upon the receipt of a certificate of need or to obligations for predevelopment activities. [PL 2001, c. 664, §2 (NEW).]

A certificate of need from the department is required for: [PL 2001, c. 664, §2 (NEW).]

1. Transfer of ownership; acquisition by lease, donation, transfer; acquisition of control. Any transfer of ownership or acquisition under lease or comparable arrangement or through donation or any acquisition of control of a health care facility under lease, management agreement or comparable arrangement or through donation that would have required review if the transfer or acquisition had been by purchase, except in emergencies when that acquisition of control is at the direction of the department or except if the transfer of ownership or acquisition of control involves only entities or health care facilities that are direct or indirect subsidiaries of the same parent corporation, is between a parent corporation and its direct or indirect subsidiaries or is between entities or health care facilities all under direct or indirect ownership of or ultimate control by the same parent corporation immediately prior to the transfer or acquisition; [PL 2015, c. 453, §1 (AMD).]

2. Acquisitions of major medical equipment. [PL 2007, c. 440, §2 (RP).]

2-A. Acquisitions of major medical equipment. Acquisitions of major medical equipment. The following provisions apply to acquisitions of major medical equipment. A. The cost of all major medical equipment must be declared at fair market value. (1) If an entity purchases major medical equipment from an unrelated entity, the purchase price is assumed to reflect the fair market value. (2) If an entity purchases major medical equipment from a related entity and the department finds that the fair market value is greater than the purchase price, the department may revise the cost of the major medical equipment to reflect the correct fair market value. [PL 2007, c. 440, §3 (NEW).] B. The following acquisitions of major medical equipment do not require a certificate of need: (1) Major medical equipment being replaced by the owner; and (2) The use of major medical equipment on a temporary basis in the case of a natural disaster, major accident or major medical equipment failure. [PL 2011, c. 424, Pt. A, §3 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] C. All replaced major medical equipment must be removed from service. [PL 2007, c. 440, §3 (NEW).] [PL 2011, c. 424, Pt. A, §3 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

3. Capital expenditures. Except as provided in subsection 6 , the obligation by or on behalf of a new or existing health care facility of any capital expenditure of $10,000,000 or more. Capital expenditures in the case of a natural disaster, major accident or equipment failure or for replacement equipment that is not major medical equipment as defined in section 328, subsection 16 or for parking lots and garages, information and communications systems or physician office space or projects directed solely at reducing energy costs through energy efficiency, renewable energy technology or smart grid technology and that have been certified as likely to be cost-effective by the Efficiency Maine Trust pursuant to Title 35‑A, section 10122 do not require a certificate of need. 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, §4 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

4. New health service. The offering or development of any new health service; A. [PL 2003, c. 469, Pt. C, §7 (RP).] B. [PL 2003, c. 469, Pt. C, §7 (RP).] [PL 2003, c. 469, Pt. C, §7 (AMD).]

4-A. New health care facility. The construction, development or other establishment of a new health care facility. The following requirements apply to certificate of need for new health care facilities. A. A new health care facility that is a nursing facility must obtain a certificate of need: (1) If it requires a capital expenditure of more than $5,000,000; or (2) If it proposes to add new nursing facility beds to the inventory of nursing facility beds within the State, in which case it must satisfy all applicable requirements of section 334‑A . [PL 2011, c. 424, Pt. A, §5 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] B. A new health care facility other than a nursing facility must obtain a certificate of need: (1) If it requires a capital expenditure of more than $3,000,000; or (2) If it is a new health service; [PL 2011, c. 424, Pt. A, §5 (NEW); PL 2011, c. 424, Pt. E, §1 (AFF).] [PL 2011, c. 424, Pt. A, §5 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

5. Changes in bed complement. An increase in the existing licensed bed complement or an increase in the licensed bed category of a health care facility, other than a nursing facility, of greater than 10%; [PL 2001, c. 664, §2 (NEW).]

6. Nursing facilities. The obligation by a new or existing nursing facility, when related to nursing services provided by the nursing facility, of any capital expenditures of $5,000,000 or more. 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. A certificate of need is not required for the following: A. A nursing facility converting beds used for the provision of nursing services to beds to be used for the provision of residential care services. If such a conversion occurs, MaineCare and other public funds may not be obligated for payment of services provided in the converted beds unless approved by the department pursuant to the provisions of sections 333‑A and 334‑A . In order to approve a conversion under this paragraph, the department must determine that any increased MaineCare residential care costs associated with the converted beds are fully offset by reductions in the MaineCare costs from the reduction in MaineCare nursing facility costs associated with the converted beds; [PL 2011, c. 424, Pt. B, §1 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).] B. Capital expenditures in the case of a natural disaster, major accident or equipment failure; [PL 2009, c. 652, Pt. A, §29 (RPR).] C. Replacement equipment, other than major medical equipment as defined in section 328, subsection 16 ; [PL 2009, c. 652, Pt. A, §29 (RPR).] D. Information systems, communication systems, parking lots and garages; and [PL 2009, c. 652, Pt. A, §29 (RPR).] E. Certain energy-efficient improvements, as described in section 334‑A, subsection 4 . [PL 2009, c. 652, Pt. A, §29 (RPR).] [PL 2011, c. 424, Pt. B, §1 (AMD); PL 2011, c. 424, Pt. E, §1 (AFF).]

7. Other circumstances. The following circumstances: A. Any proposed use of major medical equipment to serve inpatients of a hospital, if the equipment is not located in a health care facility and was acquired without a certificate of need, except acquisitions exempt from review under subsection 3 ; or [PL 2007, c. 440, §5 (AMD).] B. If a person adds a health service not subject to review under subsection 4 at the time it was established and not reviewed and approved prior to establishment at the request of the applicant, and its actual 3rd fiscal year operating cost exceeds the expenditure minimum for annual operating costs in the 3rd fiscal year of operation following addition of these services; and [PL 2007, c. 440, §6 (AMD).] [PL 2007, c. 440, §§5, 6 (AMD).]

8. Related projects. Any projects that the department determines are related projects if such projects, considered in the aggregate, would otherwise require a certificate of need under this section. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 2517-B — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517-B
22 §2517-B. Product inspection
Status: in_force

1. Sealed. An inspection of products placed in a container at an official establishment is not considered complete until the products are sealed or enclosed under the supervision of an inspector. [PL 1999, c. 777, §1 (NEW).]

2. Access to official establishment. For purposes of a product inspection required by this chapter, inspectors have access at all times to any part of an official establishment required to have inspection under this chapter, whether the official establishment is operated or not. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 1711 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711
22 §1711. Patient access to hospital medical records
Status: in_force

If a patient of an institution licensed as a hospital by the State, after discharge from such institution, makes written request for copies of the patient's medical records, the copies must, if available, be made available to the patient in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a hospital not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time unless, in the opinion of the hospital, it would be detrimental to the health of the patient to obtain the records. If the hospital is of the opinion that release of the records to the patient would be detrimental to the health of the patient, the hospital shall advise the patient that copies of the records will be made available to the patient's authorized representative upon presentation of a proper authorization signed by the patient. The hospital may exclude from the copies of medical records released any information related to a clinical trial sponsored, authorized or regulated by the federal Food and Drug Administration. [PL 2019, c. 503, Pt. F, §1 (AMD).]

If an authorized representative for a patient requests, in writing, that a hospital provide the authorized representative with a copy of the patient's medical records and presents a proper authorization from the patient for the release of the information, copies must be provided to the authorized representative in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a hospital not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time. [PL 2019, c. 503, Pt. F, §1 (AMD).]

A written request or authorization for release of medical records under this section satisfies the requirements of section 1711‑C, subsection 3 . [PL 1997, c. 793, Pt. A, §1 (NEW); PL 1997, c. 793, Pt. A, §10 (AFF).]

A patient or, if the patient is a minor who has not consented to health care treatment in accordance with the laws of this State, the minor's parent, legal guardian or guardian ad litem may submit to a hospital health care information that corrects or clarifies the patient's treatment record, which must be retained with the medical record by the hospital. If the hospital adds to the medical record a statement in response to the submitted correction or clarification, the hospital shall provide a copy to the patient or, if the patient is a minor who has not consented to health care treatment in accordance with the laws of this State, the minor's parent, legal guardian or guardian ad litem. [PL 1999, c. 512, Pt. A, §1 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

Reasonable costs incurred by the hospital in making and providing paper copies of medical records and additions to medical records may be assessed as charges to the requesting person and the hospital may require payment prior to responding to the request. The charge for paper copies of records may not exceed $5 for the first page and 45¢ for each additional page, up to a maximum of $250 for the entire medical record. [PL 2013, c. 158, §1 (AMD).]

If a medical record exists in a digital or electronic format, the hospital shall provide an electronic copy of the medical record if an electronic copy is requested and it is reasonably possible to provide it. The hospital may assess as charges reasonable actual costs of staff time to create or copy the medical record and the costs of necessary supplies and postage. Actual costs may not include a retrieval fee or the costs of new technology, maintenance of the electronic record system, data access or storage infrastructure. Charges assessed under this paragraph may not exceed $150. [PL 2013, c. 158, §2 (NEW).]

Release of a patient's medical records to a person other than the patient or, if the patient is a minor who has not consented to health care treatment in accordance with the laws of this State, the minor's parent, legal guardian or guardian ad litem is governed by section 1711‑C . [PL 1999, c. 512, Pt. A, §2 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]
22 M.R.S. § 2170 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2170
22 §2170. Exception
Status: in_force

Any establishment subject to this chapter and chapter 562 shall be required to have only one license and that license shall be issued on the predominate portion of the establishment's business. [PL 1979, c. 672, Pt. A, §57 (NEW).]
22 M.R.S. § 2660-V — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-V
22 §2660-V. Educational outreach
Status: in_force

Within available resources, the department shall revise and update its education and outreach materials as needed and conduct educational outreach regarding residential private drinking water wells, including the need to conduct testing for contaminants or properties specified pursuant to section 2660‑T through a laboratory certified pursuant to section 567 , the potential health effects of those contaminants or properties and options for water treatment to reduce the level of those contaminants or properties. [PL 2017, c. 230, §3 (NEW).]
22 M.R.S. § 2127 — ME Code / Title 22 / Subtitle 2 / Chapter 416-A / Section 2127
22 §2127. Oral health care
Status: in_force

1. Access to quality oral health services. The department shall develop access to quality oral health services for low-income residents with emphasis on underserved areas or populations by encouraging the development or expansion of community-operated, nonprofit oral health care programs that serve persons who are uninsured or underinsured for oral health care and that serve persons whose oral health care is covered by Medicaid. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).]

2. Development of oral health care programs. The department shall use funds appropriated for the purposes of this chapter, any available funds from Medicaid or other resources to provide funding for the start-up or expansion of public or nonprofit oral health care programs; to subsidize the provision of oral health care to persons without insurance coverage for that care in accordance with paragraph B ; and to provide oral health case management and community oral health education designed to encourage good oral hygiene and to prevent oral diseases and tooth decay. Any oral health care program receiving funds under this chapter must: A. Serve persons whose oral health care is covered by Medicaid; [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] B. Provide oral health care services to persons whose gross income is below 200% of the nonfarm income official federal poverty guidelines for whom insurance coverage is not available for the same payment as provided by Medicaid for the service if the subsidy described in this subsection is available. Persons without insurance to cover the service required and who have an income under 200% of the nonfarm income official federal poverty guidelines must be charged fees for oral health care on a sliding scale. The department shall establish the sliding scale by routine technical rules adopted pursuant to Title 5, chapter 375, subchapter II‑A . The difference between the Medicaid rate and the payment made by the patient under the sliding fee arrangement must be paid to the oral health care program by the department. If a Medicaid rate is not established for a particular service provided under this section, the department shall establish a rate for that service. (1) Persons with gross income less than 100% of the nonfarm official federal poverty guidelines may not be required to pay more than a nominal fee. For the purposes of this section, "nominal fee" has the same meaning as it has under Medicaid. (2) In determining gross income, the department shall permit the deduction of business-related expenses of those who are self-employed; [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] C. Be governed by a board, a majority of whose members are individuals who are or will be served by the program and who, as a group, represent the individuals being served in terms of demographic factors such as residing in the community being served, income, race, ethnicity and gender. The board is responsible for: (1) The establishment of the policy in the conduct of the program; (2) Holding regularly scheduled meetings, of which minutes must be kept; (3) Approval of the selection or dismissal of a program director or chief executive officer of the program; (4) Establishing personnel policies and procedures, including selection and dismissal procedures, salary and benefit scales, employee grievance procedures and equal opportunity practices; (5) Adopting policies for financial management practices, including a system to ensure accountability for program resources, approval of the annual program budget, program priorities, eligibility for services, including criteria for partial payment schedules, and long-range financial planning; (6) Evaluating program activities including services utilization patterns, program productivity, patient satisfaction, achievement of program objectives and development of a process for hearing and resolving patient grievances; (7) Ensuring that the program is operated in compliance with applicable federal, state and local laws, rules and regulations; and (8) Adopting health care policies including scope and availability of services, location and hours of services and quality of care audit procedures; [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] D. Use any funds provided for the purposes of this chapter to supplement, and not supplant, other funds that are or may be available to the oral health care program; [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] E. Implement a patient screening process to determine patient eligibility for Medicaid, the Children's Health Insurance Program under section 3174‑T and the sliding fee scale; and [PL 2023, c. 597, §1 (AMD).] F. Employ at least one full-time equivalent dentist practicing general dentistry and be open for business at least 20 hours a week, providing at least 4 hours of coverage during evenings or weekends. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] A program may not receive funds under this chapter to serve more than 3 contiguous dental care analysis areas as defined by the Bureau of Health in the department. [PL 2023, c. 597, §1 (AMD).]

3. Discrimination prohibited. An oral health care program receiving funds under this chapter may not discriminate among patients within its service area based upon payment source except as specifically authorized in subsection 2, paragraph B . [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).]

4. Vouchers for private dental services. An oral health program that receives funds under this chapter may establish a voucher system for the purpose of reimbursing private dental providers providing services to patients of the program in accordance with the provisions of this subsection. A. A voucher may be used only when: (1) A program chooses to provide specialized oral health services to its patients but can not provide these services directly; (2) The patient can not be served by the program with reasonable promptness; or (3) The distance to the program location or transportation problems make access to the program difficult for the patient. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] B. A voucher payment made to a private provider does not exceed the difference between the patient's obligation, if any, under a sliding scale and the rate that Medicaid would reimburse a private provider for that same service. If no fee is established for the particular service in the Medicaid program, the department shall establish a fee. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] C. A voucher payment is made only to a provider enrolled to provide services in the Medicaid program. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).] An oral health care program may place reasonable restrictions on a voucher system it establishes if those restrictions are consistent with the purposes of this chapter pursuant to subsection 1 . Even though an oral health care program receives funds under this chapter for the purpose of serving part of its service area through a voucher system, this does not prevent the application of another organization seeking funds under this chapter to provide direct program services to the residents of that area. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).]

5. Encouraging community support. The department shall require any entity seeking funds for the start-up or expansion of oral health programs under this chapter to raise matching funds, including in-kind support, sufficient to demonstrate community support. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).]

6. Coordination with Medicaid and the Children's Health Insurance Program. The department shall coordinate assistance under this chapter with Medicaid and the Children's Health Insurance Program under section 3174‑T in a manner most likely to obtain and maximize federal matching funds. [PL 2025, c. 390, Pt. A, §37 (AMD).]

6-A. Monitoring of grants. The program director or chief executive officer under subsection 2, paragraph C , subparagraph (3) shall monitor contracts resulting from grant awards established by the department concerning community-based dental clinics affiliated with or operated by a school of dentistry. [PL 2009, c. 645, Pt. E, §1 (NEW); PL 2009, c. 645, Pt. G, §1 (AFF).]

7. Rules. The department shall adopt rules, which are routine technical rules, pursuant to Title 5, chapter 375, subchapter II‑A , to implement this chapter. [PL 1999, c. 401, Pt. MM, §1 (NEW); PL 1999, c. 401, Pt. MM, §5 (AFF).]
22 M.R.S. § 2669 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2669
22 §2669. Penalties
Status: in_force

The department may seek injunctive or other appropriative judicial relief for violations of any provisions of this chapter. [PL 1985, c. 150 (NEW).]
22 M.R.S. § 1317-C — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1317-C
22 §1317-C. Screening by health care providers
Status: in_force

1. Screening. All health care providers shall advise parents of the availability and advisability of screening their children for lead poisoning. A health care program that receives funds from the State and has a child health component shall provide screening of children for lead poisoning in accordance with rules adopted by the department. [PL 2001, c. 683, §2 (AMD); PL 2001, c. 683, §10 (AFF).]

2. Data. At least annually, the department shall analyze and summarize lead-screening information provided by health care providers, facilities and programs and provide the information to other state and local agencies involved in lead-poisoning issues. The information must also be provided to interested parties on request in a format that is easily understood by the general public. [PL 2007, c. 628, Pt. A, §1 (AMD).]

3. Confidentiality. Unless otherwise authorized by section 42, subsection 5 , the department may not release any information described in subsection 2 regarding the screening of children for lead poisoning or the source of any lead exposure if that information identifies children, families or other persons, directly or indirectly. The department may disclose information that relates to the address of a residential unit in which an environmental lead hazard or case of lead poisoning has been identified if the disclosure contains only the information necessary to advance the public health and does not directly identify an individual. [PL 2007, c. 628, Pt. A, §2 (NEW).]
22 M.R.S. § 5403 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5403
22 §5403. Maine Health Insurance Marketplace established
Status: in_force

The Maine Health Insurance Marketplace is established to conduct the functions defined in 42 United States Code, Section 18031(d)(4). The purpose of the marketplace is to benefit the State's health insurance market and persons enrolling in health insurance policies, facilitate the purchase of qualified health plans, reduce the number of uninsured individuals, improve transparency and conduct consumer education and outreach. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 2425-A — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2425-A
22 §2425-A. Registry identification cards and registration certificates
Status: in_force

This section governs registry identification cards and registration certificates, except that registration of manufacturing facilities and persons authorized to engage in cannabis extraction is governed by section 2423‑F and registration of cannabis testing facilities is governed by section 2423‑A, subsection 10 . [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).]

1. Voluntary registration. [PL 2023, c. 679, Pt. A, §9 (RP).]

2. Required registration. A caregiver, other than a caregiver operating under section 2423‑A, subsection 3, paragraph C , and an officer or director or assistant of a dispensary or a caregiver, other than a caregiver operating under section 2423‑A, subsection 3, paragraph C , shall obtain a registry identification card in accordance with subsections 3 , 4 and 5 . A long-term care facility designated by a qualifying patient pursuant to section 2423‑A, subsection 1, paragraph F‑1 , subparagraph (2) and a dispensary shall obtain a registration certificate in accordance with subsections 6 , 7 and 8 . [PL 2017, c. 452, §12 (NEW).]

3. Application for registry identification card; qualifications. The department shall register and issue a registry identification card to an applicant who submits a complete application that meets the requirements of this subsection. The department shall conduct a criminal history record check for any applicant for a registry identification card, except that an assistant is not required to submit to a criminal history record check. The criminal history record check is valid for 2 years from the date it was conducted, regardless of the person's employment status. Except as provided in subsection 3‑A, the department may not issue a registry identification card to an applicant who is not permitted under this chapter to have a disqualifying drug offense. An application must include, as applicable: A. The fee required pursuant to subsection 10 ; and [PL 2023, c. 679, Pt. A, §11 (AMD).] B. A statement that the requirements of section 2423‑B have been met if the qualifying patient applying for the registry identification card has not attained 18 years of age and the qualifying patient's parent, guardian or person having legal custody of the patient consents in writing to: (1) The qualifying patient's medical use of cannabis; (2) Serving as one of the qualifying patient's caregivers; and (3) Controlling the acquisition of the cannabis plants or harvested cannabis and the dosage and the frequency of the medical use of cannabis by the qualifying patient. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 679, Pt. A, §§10, 11 (AMD).]

3-A. Criminal history record check for caregivers administering medical cannabis on school grounds. The department shall request a criminal history record check for a caregiver designated under section 2423‑A, subsection 1, paragraph F‑1 , subparagraph (4), except for a caregiver who is a parent, a legal guardian or a person having legal custody of the qualifying patient. The department may not issue a registry identification card to an applicant who is not permitted to have a disqualifying drug offense or who would be denied an approval, credential, certification, authorization or renewal under Title 20‑A, section 6103 or 13011 based on that criminal history record check. The criminal history record check requested under this subsection must include criminal history record information obtained from the Maine Criminal Justice Information System established in Title 16, section 631 and the Federal Bureau of Investigation. The following provisions apply. A. The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of public criminal history record information as defined in Title 16, section 703, subsection 8 . [PL 2017, c. 452, §12 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2017, c. 452, §12 (NEW).] C. A person subject to a criminal history record check under this section shall submit to having fingerprints taken. The State Police, upon payment of the fee, shall take or cause to be taken the person's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. [PL 2017, c. 452, §12 (NEW).] D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709 . [PL 2017, c. 452, §12 (NEW).] E. State and federal criminal history record information may be used by the department for the purpose of screening a person in accordance with this chapter. [PL 2019, c. 331, §19 (AMD).] F. Information obtained pursuant to this subsection is confidential. The results of criminal history record checks received by the department are for official use only and may not be disseminated to any other person. [PL 2019, c. 331, §19 (AMD).] G. If a person is no longer subject to this chapter that person may request in writing that the State Bureau of Identification remove the person's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the person's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2017, c. 452, §12 (NEW).] The department, with the Department of Public Safety, Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 387, §8 (AMD); PL 2021, c. 669, §5 (REV).]

4. Issuance or denial of registry identification cards. The department shall verify the information contained in an application for a registry identification card or for renewal of a card submitted pursuant to subsection 3 and shall approve or deny a complete application in accordance with this subsection within 30 days of receipt. A. Within 5 business days of approving a complete application, the department shall issue a registry identification card to the applicant. [PL 2021, c. 662, §22 (AMD).] B. The department may deny an application for a card or for renewal of a card only if: (1) The applicant did not provide the information required pursuant to subsection 3 ; (2) The department determines that the applicant does not qualify; or (3) The department determines that the information provided by the applicant was falsified. [PL 2017, c. 452, §12 (NEW).] C. The department shall notify the applicant and, if the applicant is an officer or director or assistant of a registered dispensary, the registered dispensary, in writing of the reason for denying the registry identification card. [PL 2017, c. 452, §12 (NEW).] An applicant whose application is denied pursuant to this subsection may request an administrative hearing in accordance with Title 5, chapter 375, subchapter 4 . In the case of a caregiver's application for renewal of a registry identification card, upon receipt of a timely filed, complete application submitted by the caregiver, the department shall provide the caregiver with a written statement acknowledging receipt of the application that authorizes the caregiver to continue operating under the caregiver's current card until the application is approved and a renewed card is issued by the department, the application is denied and the current card expires, 90 days elapse from the date of the written statement or the current card is suspended or revoked in accordance with this chapter, whichever occurs first. If the department fails to issue or deny a renewal of a registry identification card within 90 days of providing the written statement acknowledging receipt of the application, the renewal is deemed granted and a copy of the application for renewal of the registry identification card is deemed a valid registry identification card. If the department fails to issue or deny a valid registry identification card in response to a complete application for a card submitted pursuant to subsection 3 within 45 days of its submission, the registry identification card is deemed granted and a copy of the application for a registry identification card is deemed a valid registry identification card. [PL 2021, c. 662, §22 (AMD).]

5. Requirements for issuance of registry identification cards. The following provisions apply to the issuance of registry identification cards. A. A registry identification card expires 2 years after the date of issuance, regardless of the person's employment status, except that a caregiver's registry identification card expires one year after the date of issuance. The card must contain: (1) The name of the cardholder; (2) The date of issuance and expiration date; (3) A randomly generated unique identification number to the cardholder; (4) A clear designation showing whether the cardholder is allowed under this chapter to cultivate cannabis plants; and (5) A photograph of the cardholder, if required by the department. [PL 2023, c. 679, Pt. A, §12 (AMD).] B. If a caregiver is organized as a legal business entity pursuant to section 2423‑A, subsection 2, paragraph Q , the caregiver may obtain a registry identification card in the name of the business entity if the caregiver submits evidence of the business entity's registration with the Secretary of State and evidence that the business entity is in good standing with the Secretary of State. [PL 2017, c. 452, §12 (NEW).] C. Registry identification cards issued to an officer or director of a registered dispensary must also contain: (1) The legal name of the registered dispensary with which the officer or director is affiliated; (2) The address and date of birth of the officer or director; and (3) A photograph of the officer or director if required by the department. [PL 2021, c. 662, §23 (AMD).] C-1. Registry identification cards issued to an assistant of a registered caregiver or registered dispensary must also contain: (1) The address and date of birth of the assistant; and (2) A photograph of the assistant if required by the department. [PL 2021, c. 662, §24 (NEW).] D. The registry identification card of an officer or director of a registered dispensary expires 10 days after notification is given to the department by the registered dispensary that the person has ceased to work at the dispensary. [PL 2021, c. 662, §25 (AMD).] [PL 2023, c. 679, Pt. A, §12 (AMD).]

5-A. Issuance of single registry identification card to caregiver or dispensary assistant. The department shall issue a single registry identification card pursuant to this section authorizing a person to be an assistant of one or more registered caregivers or registered dispensaries and who satisfies all applicable requirements under this section for issuance of a registry identification card. A single registry identification card issued to a person in accordance with this subsection authorizes the person to assist one or more registered caregivers or registered dispensaries in accordance with this chapter and may not associate the person with or restrict the person to assisting a specific caregiver or dispensary. [PL 2021, c. 662, §26 (NEW).]

6. Application for registration certificate; qualifications. The department shall register and issue a registration certificate to an applicant who submits a complete application that meets the requirements of this subsection. An application must include, as applicable: A. The annual fee required pursuant to subsection 10 ; [PL 2017, c. 452, §12 (NEW).] B. Evidence of the applicant's registration with the Secretary of State and evidence that the applicant is in good standing with the Secretary of State; and [PL 2017, c. 452, §12 (NEW).] C. The name, address and date of birth of each officer or director of the applicant. [PL 2017, c. 452, §12 (NEW).] [PL 2017, c. 452, §12 (NEW).]

7. Issuance or denial of registration certificate. The department shall verify the information contained in an application for a registration certificate or for renewal of a certificate submitted pursuant to subsection 6 and shall approve or deny a complete application in accordance with this subsection within 30 days of receipt. A. Within 10 days of approving a complete application, the department shall issue a registration certificate to the applicant. [PL 2021, c. 662, §27 (AMD).] B. The department may deny an application for a certificate or for renewal of a certificate only if: (1) The applicant did not provide the information required pursuant to subsection 6 ; (2) The department determines that the applicant does not qualify; or (3) The department determines that the information provided by the applicant was falsified. [PL 2017, c. 452, §12 (NEW).] C. The department shall notify the applicant in writing of the reason for denying the registration certificate. [PL 2017, c. 452, §12 (NEW).] An applicant whose application is denied pursuant to this subsection may request an administrative hearing in accordance with Title 5, chapter 375, subchapter 4 . In the case of a registered dispensary's application for renewal of a registration certificate, upon receipt of a timely filed, complete application submitted by the dispensary, the department shall provide the dispensary with a written statement acknowledging receipt of the application that authorizes the dispensary to continue operating under the dispensary's current certificate until the application is approved and a renewed certificate is issued by the department, the application is denied and the current certificate expires, 90 days elapse from the date of the written statement or the current certificate is suspended or revoked in accordance with this chapter, whichever occurs first. If the department fails to issue or deny a renewal of a registration certificate within 90 days of providing the written statement acknowledging receipt of the application, the renewal is deemed granted and a copy of the application for renewal of the registration certificate is deemed a valid registration certificate. If the department fails to issue or deny a registration certificate in response to a complete application for a certificate submitted pursuant to subsection 6 within 45 days of its submission, the registration certificate is deemed granted and a copy of the application for a registration certificate is deemed a valid registration certificate. [PL 2021, c. 662, §27 (AMD).]

8. Requirements for issuance of registration certificates. A registration certificate expires one year after the date of issuance. The certificate must contain: A. The name of the certificate holder; [PL 2017, c. 452, §12 (NEW).] B. The date of issuance and expiration date of the registration certificate; [PL 2017, c. 452, §12 (NEW).] C. A random identification number that is unique to the certificate holder; [PL 2017, c. 452, §12 (NEW).] D. The physical address of the certificate holder and, if the certificate holder is a dispensary, the physical address of one additional location, if any, where cannabis plants will be cultivated; and [PL 2019, c. 331, §20 (AMD); PL 2021, c. 669, §5 (REV).] E. A clear designation showing whether the certificate holder is allowed under this chapter to cultivate cannabis plants. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2019, c. 331, §20 (AMD); PL 2021, c. 669, §5 (REV).]

9. Drug testing. The department may not require an assistant of a caregiver, dispensary, manufacturing facility or cannabis testing facility who is an applicant for a registry identification card to submit to a drug test as a condition of receiving a registry identification card. This subsection does not prevent a caregiver, dispensary, manufacturing facility or cannabis testing facility from requiring drug testing of its assistants as a condition of employment. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).]

10. Fees. The department shall adopt rules to establish fees in accordance with this subsection. The application and renewal fees must generate revenues sufficient to offset all expenses of implementing and administering this chapter. The department may accept donations from private sources to offset the expenses of implementing and administering this chapter and shall, if those donations are received, reduce application and renewal fees accordingly. The fees and donations must be credited to the Medical Use of Cannabis Fund pursuant to section 2430 . Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . A. There is no annual registration fee for a qualifying patient or visiting qualifying patient or a caregiver who is not required to register pursuant to section 2423‑A, subsection 3, paragraph C . There is no annual registration fee for a caregiver who does not cultivate cannabis plants for a qualifying patient. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] B. There is an annual registration fee for a caregiver who cultivates cannabis plants on behalf of a qualifying patient pursuant to section 2423‑A, subsection 2, paragraph B . (1) For a caregiver registering based upon plant count, the fee may not be less than $50 or more than $240 for each group of up to 6 mature cannabis plants cultivated by the caregiver. The caregiver shall notify the department of the number of cannabis plants the caregiver cultivates. (2) For a caregiver registering based upon plant canopy, the fee may not be less than $50 or more than $1,500 for a total mature plant canopy of 500 square feet or less. [PL 2021, c. 662, §28 (AMD); PL 2021, c. 669, §5 (REV).] C. There is an annual registration fee for a dispensary, which may not be less than $5,000 or more than $12,000. There is a fee to change the location of a registered dispensary or the location at which a registered dispensary cultivates cannabis plants, which may not be less than $3,000 or more than $4,000. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] D. There is an annual registration fee for a tier 1 manufacturing facility, which may not be less than $50 or more than $150. [PL 2017, c. 452, §12 (NEW).] E. There is an annual registration fee for a tier 2 manufacturing facility, which may not be less than $150 or more than $250. [PL 2017, c. 452, §12 (NEW).] F. There is an annual registration fee to engage in cannabis extraction under section 2423‑F, subsection 3 , which may not be less than $250 or more than $350. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] G. There is an annual registration fee for a cannabis testing facility, which may not be less than $250 or more than $1,000, except that there is no fee if the testing facility is licensed in accordance with Title 28‑B, chapter 1 . [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] H. There is an annual registration fee for an officer or director or assistant of a registered caregiver or registered dispensary, which may not be less than $20 or more than $50. [PL 2017, c. 452, §12 (NEW).] I. There is a fee to replace a registry identification card that has been lost, stolen or destroyed or a card that contains information that is no longer accurate, which may not be less than $10 or more than $20. Replacement of a registry identification card does not extend the expiration date. [PL 2017, c. 452, §12 (NEW).] J. There is a fee for a criminal history record check for a caregiver or an officer or director of a registered dispensary, cannabis testing facility or manufacturing facility, which may not be less than $31 or more than $60. The fee must be paid by the caregiver or by the registered dispensary, cannabis testing facility or manufacturing facility for an officer or director of the registered dispensary, cannabis testing facility or manufacturing facility. [PL 2023, c. 679, Pt. A, §13 (AMD).] [PL 2023, c. 679, Pt. A, §13 (AMD).]

11. Notification of change in status or loss of registry identification card or registration certificate. This subsection governs notification of a change in status or the loss of a registry identification card or registration certificate. A. If a cardholder loses the cardholder's registry identification card, the cardholder shall notify the department within 10 days of losing the card and submit the fee required by subsection 10, paragraph I . Within 5 days after such notification, the department shall issue a replacement registry identification card. [PL 2017, c. 452, §12 (NEW).] B. If the information appearing on the cardholder's registry identification card is inaccurate or changes, the cardholder shall notify the department of the inaccuracy or change and submit the fee required by subsection 10, paragraph I . Within 5 days after such notification, the department shall issue a replacement registry identification card. A cardholder who fails to notify the department as required under this paragraph commits a civil violation for which a fine of not more than $150 may be adjudged. [PL 2017, c. 452, §12 (NEW).] C. A registered dispensary shall notify the department in writing of the name, address and date of birth of an officer or director or assistant who ceases to work at the dispensary or cannabis testing facility and of any new officer or director or assistant before the officer or director or assistant begins working at the dispensary or cannabis testing facility. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] D. A registered dispensary shall notify the department in writing if the dispensary changes the physical location of the dispensary or the location at which the dispensary cultivates cannabis plants. [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 452, §12 (NEW); PL 2021, c. 669, §5 (REV).]

11-A. Temporary appointee. Notwithstanding any provision of this chapter to the contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional circumstances, unless a court appoints a temporary appointee, the office may approve a temporary appointee to take possession of, operate, manage, control or wind down a registrant's operations. Under such circumstances: A. A temporary appointee must be otherwise qualified under the provisions of this chapter to be a registered caregiver or an officer or director; [PL 2023, c. 679, Pt. A, §14 (NEW).] B. A temporary appointee may not transfer cannabis or cannabis products for medical use without a valid registry identification card; and [PL 2023, c. 679, Pt. A, §14 (NEW).] C. The registrant shall submit a plan of temporary appointment, on forms made available by the office, as soon as practicable but no later than 60 days after a qualifying event. [PL 2023, c. 679, Pt. A, §14 (NEW).] For purposes of this subsection, "temporary appointee" means a court-appointed receiver, personal representative, executor, administrator, guardian, conservator, trustee or similarly situated person or person approved by the office pursuant to this section. [PL 2023, c. 679, Pt. A, §14 (NEW).]

12. Confidentiality. [PL 2023, c. 637, §1 (RP).]

13. Reporting requirements. [PL 2023, c. 365, §9 (RP).]

14. Confidentiality. This subsection governs confidentiality. A. For purposes of this subsection, "personal contact information" has the same meaning as in Title 1, section 402, subsection 3, paragraph O , subparagraph (1) and "caregiver exempt from registration" means a caregiver who is not required to register pursuant to section 2423‑A, subsection 3, paragraph C . [PL 2023, c. 637, §2 (NEW).] B. Information that identifies a qualifying patient, a visiting qualifying patient or a registered patient under this chapter is confidential and may not be disclosed by the department, except: (1) With the written consent of the patient; or (2) Pursuant to a court order or a subpoena. [PL 2023, c. 637, §2 (NEW).] C. Information that identifies a caregiver exempt from registration is confidential and may not be disclosed by the department, except: (1) With the written consent of the caregiver; or (2) Pursuant to a court order or a subpoena or as provided in paragraph F. [PL 2023, c. 637, §2 (NEW).] D. Except as provided in this paragraph and in paragraphs B and C, applications, supporting information and other information regarding a registered caregiver, including any address where the registered caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis under this chapter, are not confidential. The personal contact information of a registered caregiver or of an applicant for registration as a registered caregiver is confidential and may not be disclosed by the department, except: (1) With the written consent of the registered caregiver or applicant for registration as a registered caregiver; (2) Pursuant to a court order or a subpoena; (3) As provided in paragraph F; or (4) If a registered caregiver resides at the same address where the registered caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis under this chapter, the department may disclose that address to a state, county or municipal employee responsible for the administration of this chapter or of rules, ordinances or warrant articles authorized under this chapter, including, but not limited to, law enforcement officers and code enforcement officers. Any information received by a state, county or municipal employee under this subparagraph is confidential and may not be further disclosed or disseminated, except as otherwise provided by law. [PL 2023, c. 637, §2 (NEW).] E. Except as provided in this paragraph and in paragraphs B and C, applications, supporting information and other information regarding a dispensary, manufacturing facility, cannabis testing facility and an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility under this chapter are not confidential. The personal contact information of a cardholder who is an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility and an applicant for a registry identification card as an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility or registration certificate for a dispensary, manufacturing facility or cannabis testing facility is confidential and may not be disclosed by the department, except: (1) With the written consent of the cardholder or applicant; or (2) Pursuant to a court order or a subpoena. [PL 2023, c. 637, §2 (NEW).] F. Notwithstanding any provision of this subsection to the contrary, the department may, when necessary to protect the public from a threat to public health or safety, notify the public of the following: (1) The identity of a caregiver exempt from registration, a registered caregiver, a dispensary, a manufacturing facility or a cannabis testing facility associated with the threat to public health or safety and that person's status as a caregiver exempt from registration, registered caregiver, dispensary, manufacturing facility or cannabis testing facility; and (2) The location where any cannabis plants or harvested cannabis associated with the threat to public health or safety were cultivated, manufactured, tested, packaged, stored or sold. [PL 2023, c. 637, §2 (NEW).] G. Notwithstanding any provision of this subsection to the contrary, the department shall comply with Title 36, section 175 . Information provided by the department pursuant to this paragraph may be used by the department's Bureau of Revenue Services only for the administration and enforcement of taxes imposed under Title 36 . [PL 2023, c. 637, §2 (NEW).] H. A final written decision of the department pursuant to section 2430‑I imposing an administrative penalty; ordering forfeiture and destruction of cannabis plants, cannabis or cannabis products; or suspending or revoking a registry identification card or registration certificate is not confidential. [PL 2023, c. 637, §2 (NEW).] I. A caregiver, dispensary, manufacturing facility or cannabis testing facility or an officer, director or assistant of a caregiver, dispensary, manufacturing facility or cannabis testing facility may not be required to disclose to a law enforcement officer information that could reasonably identify an individual's identity without a warrant requiring the disclosure. [PL 2023, c. 637, §2 (NEW).] J. A person who accompanies a patient to obtain cannabis plants or harvested cannabis may not be required to disclose to a law enforcement officer information that could reasonably identify an individual patient's identity without a warrant requiring the disclosure. [PL 2023, c. 637, §2 (NEW).] [PL 2023, c. 637, §2 (NEW).]
22 M.R.S. § 16-A — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 16-A
22 §16-A. Mandatory insurance data matches
Status: in_force

1. Persons receiving MaineCare benefits. Upon request by the department in order to identify persons who have been employed in the State or who have been employers in the State or who received monetary benefits of any kind from a state agency, all state agencies shall provide to the department information about persons who have been receiving, are currently receiving or are legally responsible for some or all of the medical expenses of an individual who is receiving MaineCare benefits. The information must be transmitted promptly in response to the department's request and must be provided in a manner that allows the department's electronic identification of former or current MaineCare members who had or have income during any period of MaineCare coverage. [PL 2003, c. 20, Pt. K, §3 (NEW).]

2. Persons with health insurance coverage. Upon request by the department, a nonprofit hospital or medical service organization authorized under Title 24 or an insurer authorized under Title 24‑A shall provide to the department a list of persons who have health insurance coverage with the organization or insurer. The information must be transmitted promptly in response to the department's request and must be provided in a manner that allows the department's electronic identification of former or current MaineCare members who had or have health insurance coverage during any period of MaineCare coverage. [PL 2003, c. 20, Pt. K, §3 (NEW).]
22 M.R.S. § 8624 — ME Code / Title 22 / Subtitle 6 / Chapter 1681 / Section 8624
22 §8624. Medication disposal
Status: in_force

A hospice provider who provides services to a client in the home of the client or the family of the client or another person shall provide a written policy to the client or family as part of developing the care plan. The written policy must include, but is not limited to, the following: [PL 2021, c. 193, §1 (NEW).]

1. Care plan guidance. Clarification of the hospice provider, client and family roles and expectations regarding the prescribing and administering of controlled substances; [PL 2021, c. 193, §1 (NEW).]

2. Safe use and storage. Requirements for management for safe use and storage of controlled substances in the home; [PL 2021, c. 193, §1 (NEW).]

3. Disposal expected. Requirements for documentation that the client's family is expected to safely and appropriately dispose of any medications, especially controlled substances, after the client has died; [PL 2021, c. 193, §1 (NEW).]

4. Safe disposal. Information on safe and environmentally sound disposal of medications; [PL 2021, c. 193, §1 (NEW).]

5. Disposal method. Requirements for return envelopes or disposal kits or any other method of collection or disposal that the pharmacy providing the medication or the hospice provider has provided or recommended to the client and the family that is consistent with Maine Drug Enforcement Agency recommendations and requirements; [PL 2021, c. 193, §1 (NEW).]

6. Notice of letter after death. Requirements for advance notice that the hospice provider will send a letter to the client's family after the client has died with a reminder that the family is expected to dispose of medications; and [PL 2021, c. 193, §1 (NEW).]

7. Documentation. Requirements for signed documentation, retained by the hospice provider, from the client or family that the written policy has been provided and discussed in a language and manner that the client can understand. [PL 2021, c. 193, §1 (NEW).]

The hospice provider shall send a letter to the family within 30 days of the death of the client stating that the family is expected to dispose of any medications with the information on safe and environmentally sound disposal that was provided at the time of developing the care plan. [PL 2021, c. 193, §1 (NEW).]

For the purposes of this section, "controlled substances" has the same meaning as in section 7246, subsection 1 . [PL 2021, c. 193, §1 (NEW).]
22 M.R.S. § 3945 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3945
22 §3945. Court proceedings
Status: in_force

1. Determination of Indian child status. In any proceeding that would qualify as an Indian child custody proceeding or emergency proceeding if the child were an Indian child, the District Court or Probate Court shall ask each participant whether the participant knows or has reason to know that the child is an Indian child. The court shall use the procedures in 25 Code of Federal Regulations, Section 23.107 to determine if a child may be an Indian child. [PL 2023, c. 359, §5 (NEW).]

2. Notice; time for commencement of proceedings; additional time for preparation. In any involuntary Indian child custody proceeding in which the District Court or Probate Court or a party to the proceeding knows or has reason to know that an Indian child is involved, the party seeking the adoptive placement, foster care placement, preadoptive placement or termination of parental rights of or to an Indian child shall notify the parent or Indian custodian and the Indian child's tribe of the pending proceedings and of their right of intervention. A. The notice in any involuntary Indian child custody proceeding involving an Indian child must be written in clear and understandable language and must conform with the requirements of 25 Code of Federal Regulations, Section 23.111(d). The District Court and Probate Court may create a form that complies with this paragraph. [PL 2023, c. 359, §5 (NEW).] B. The notice must be sent by certified mail, return receipt requested. The notice to the Indian child's tribe must be sent by certified mail, return receipt requested, and via e-mail, at the mailing address and e-mail address on file with the United States Department of the Interior, Bureau of Indian Affairs. [PL 2023, c. 359, §5 (NEW).] C. If the identity or location of the parent or Indian custodian and the Indian tribe cannot be determined, notice under this subsection must be given to the appropriate regional director of the United States Department of the Interior, Bureau of Indian Affairs in like manner. [PL 2023, c. 359, §5 (NEW).] D. An original or a copy of each notice sent under this subsection must be filed with the court together with any return receipts or other proof of service. [PL 2023, c. 359, §5 (NEW).] E. The first hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian and Indian tribe or the appropriate regional director of the United States Department of the Interior, Bureau of Indian Affairs. [PL 2023, c. 359, §5 (NEW).] F. On the request of a parent, Indian custodian or Indian tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

3. Appointment of counsel. Parents and Indian custodians are entitled to legal counsel in any Indian child custody proceeding or emergency proceeding. A parent or Indian custodian may request the court to appoint legal counsel for them. The District Court or Probate Court, upon a finding that the parent or Indian custodian is indigent, shall appoint and pay the reasonable costs and expenses of their legal counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that such appointment is in the best interest of the Indian child. [PL 2023, c. 359, §5 (NEW).]

4. Examination of reports or other documents. Each party to a foster care placement or termination of parental rights proceeding under state law involving an Indian child has the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based. [PL 2023, c. 359, §5 (NEW).]

5. Remedial services, rehabilitative programs and preventive measures. A party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under chapter 1071 , Title 18‑C, Article 5 or 9 or Title 19‑A, section 1658 shall satisfy the court, in accordance with the standard of proof required by the governing statute, that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. [PL 2023, c. 359, §5 (NEW).]

6. Involuntary foster care placement. Involuntary foster care placement may not be ordered in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the Indian child custody proceeding. [PL 2023, c. 359, §5 (NEW).]

7. Involuntary termination of parental rights. Involuntary termination of parental rights may not be ordered in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the Indian child custody proceeding. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 337 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 337
22 §337. Application process for certificate of need
Status: in_force

1. Letter of intent. Prior to filing an application for a certificate of need, an applicant shall file a letter of intent with the department. The letter of intent forms the basis for determining the applicability of this chapter to the proposed expenditure or action. A letter of intent is deemed withdrawn one year after receipt by the department, unless sooner superseded by an application, except that the applicant is not precluded from resubmitting the same letter of intent. [PL 2001, c. 664, §2 (NEW).]

2. Application filed. Paragraphs A to C apply in the given order to the application process for certificate of need. A. After receiving the letter of intent, the department shall issue a letter or checklist, or both, to an applicant that stipulates and clarifies what will be required in the application. [PL 2001, c. 664, §2 (NEW).] B. Within 15 days of filing the letter of intent, the applicant shall schedule a meeting with the department staff in order to assist the department in understanding the application and to receive technical assistance concerning the nature, extent and format of the documentary evidence, statistical data and financial data required for the department to evaluate the proposal. The applicant may waive the technical assistance meeting requirement under this paragraph. [PL 2011, c. 648, §13 (AMD).] C. After receiving notice from the department that a certificate of need is required for a proposed expenditure or action, if the applicant wishes to proceed with the project, the applicant must file an application for a certificate of need. [PL 2001, c. 664, §2 (NEW).] [PL 2011, c. 648, §13 (AMD).]

3. Application content; department-approved forms. An application for a certificate of need must describe with specificity how the proposed project meets each of the standards for granting a certificate of need that are applicable to the project. A statement or statements that the project will meet the standards without supporting facts backed by relevant documentation and analysis constitute sufficient cause to deny the application. An application subject to an expanded review must contain, if available and relevant to the particular service or technology, information on health status, public health need for the service or technology, quality assurance processes and prevention programs. A. The department shall make available on the department's publicly accessible website multiple project-specific, department-approved certificate of need forms for at least the following certificate of need categories: (1) Nursing facility projects; (2) Hospital projects; and (3) Other projects subject to review. [PL 2011, c. 648, §14 (NEW).] B. The department-approved forms must set forth application elements that are relevant to each category and must elicit the information and data reasonably necessary to permit the department to carry out the review and approval process in a timely and cost-effective manner, with consideration for the costs and responsiblities imposed on applicants. [PL 2011, c. 648, §14 (NEW).] C. Submission of the completed applicable department-approved forms and required information, together with other information that is appropriate to the application, and the applicant's certification that the application is complete pursuant to subsection 4 constitutes a sufficient record for the department to make a determination regarding the application for a certificate of need, unless a hearing is requested either by the department or by a person directly affected by a review. [PL 2011, c. 648, §14 (NEW).] D. If an application is contested by another provider of services or a person directly affected by a review or the department determines that a public hearing must be held pursuant to section 339, subsection 2 , additional information may be required by the department. [PL 2011, c. 648, §14 (NEW).] [PL 2011, c. 648, §14 (AMD).]

4. Application complete. An application is certified as complete when the applicant delivers to the department a certification in writing that states that the application should be considered complete by the department. Subsequent to the applicant's certification under this subsection, the applicant may submit information that is responsive to any concern, issue, question or allegation of facts contrary to those in the application made by the department or any other person. [PL 2001, c. 664, §2 (NEW).]

5. Public notice; public informational meeting. Within 5 business days of the filing of a certificate by an applicant that a complete certificate of need application is on file with the department, public notice that the application has been filed must be given by publication in a newspaper of general circulation in Kennebec County and in a newspaper published within the service area in which the proposed expenditure will occur. If an existing health care facility may close or lose bed capacity as a result of a proposal for which a certificate of need application has been filed, the department shall notify the municipal officers of the municipality in which that health care facility is located and the members of the State House of Representatives and the State Senate representing any part of that municipality. The notice must also be provided to all persons who have requested notification by means of asking that their names be placed on a mailing list maintained by the department for this purpose. The notice must also be published on the department's publicly accessible website. This notice must include: A. A brief description of the proposed expenditure or other action, including the name and location of any existing health care facility that may close or lose bed capacity as a result of a proposal for which a certificate of need application has been filed; [PL 2013, c. 424, Pt. A, §11 (RPR).] B. A description of the review process and schedule; [PL 2013, c. 424, Pt. A, §11 (RPR).] C. A statement that any person may examine the application, submit comments in writing to the department regarding the application and examine the entire record assembled by the department at any time from the date of publication of the notice until the application process is closed for comment; [PL 2013, c. 424, Pt. A, §11 (RPR).] D. If a public informational meeting is being held, the time and location of the public informational meeting, a statement that any person may appear at the meeting to question the applicant regarding the project or the department regarding the conditions the applicant must satisfy in order to receive a certificate of need for the project, and a statement that a public hearing may be requested by any person directly affected by a review if the request is received by the commissioner within 15 days following the public informational meeting pursuant to the provisions of section 339, subsection 2 ; and [PL 2013, c. 424, Pt. A, §11 (RPR).] E. If a public informational meeting is not being held, a statement that a public hearing may be requested by any person directly affected by a review if the request is received by the commissioner within 15 days following the publication of the notice that an application has been filed. [PL 2013, c. 424, Pt. A, §11 (RPR).] The department shall make an electronic or stenographic record of the public informational meeting. A public informational meeting is not required for the simplified review and approval process in section 336 unless requested by the applicant, the department or a person directly affected by a review. [PL 2013, c. 424, Pt. A, §11 (RPR).]

6. Voluntary withdrawal of application. During the review period, prior to the date that department staff submits a final report to the commissioner, an applicant may withdraw an application without prejudice by filing written notice of the withdrawal with the department. A withdrawn application may be resubmitted and will be processed as an entirely new application under this chapter. [PL 2001, c. 664, §2 (NEW).]

7. Fees. The department shall adopt rules setting minimum and maximum filing fees under this chapter. A nonrefundable filing fee must be paid at the time an application is filed. If the approved capital expenditure or operating cost upon which a fee is based is higher than the initially proposed capital expenditure, then the filing fee must be recalculated and the difference, if any, must be paid before the certificate of need may be issued. In addition to filing fees, the department shall adopt rules to establish reasonable and necessary fees to carry out the provisions of this chapter. All fees received by the department under this subsection must be placed in a separate, nonlapsing account to be used in accordance with this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 648, §16 (AMD).]

8. Suspension of review. An applicant may request and be granted a suspension of the review process prior to the date on which the department staff submits its final analysis to the commissioner. A. A request for suspension of the review process must be for specific periods of no less than 10 days and not greater than 12 months. [PL 2011, c. 648, §17 (NEW).] B. If there are no competing applicants, a request under this subsection must be granted. [PL 2011, c. 648, §17 (NEW).] C. If there are competing applicants, the request under this subsection must be reviewed and approved or disapproved within 3 business days, taking into account the interests of the public and of competing applicants. [PL 2011, c. 648, §17 (NEW).] D. If a request to suspend the review is granted, the department shall determine: (1) If the suspension will suspend review of all competing applications; or (2) If the suspension will not affect competing applications, which will continue to be reviewed without interruption. [PL 2011, c. 648, §17 (NEW).] E. Failure to reactivate an application within the time period approved by the department results in automatic withdrawal of the suspended application. [PL 2011, c. 648, §17 (NEW).] [PL 2011, c. 648, §17 (NEW).]
22 M.R.S. § 8307 — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8307
22 §8307. State employee child care programs
Status: in_force

The Office of Child Care Coordination annually shall evaluate the status of state financed or operated child care facilities and programs which are operated primarily as a service for children of state employees, and shall set forth plans for the development of additional facilities. For the purpose of this section, "state employee" includes employees subject to the civil service law, employees defined in Title 5, chapter 71 , and legislative employees. [PL 1987, c. 741, §4 (NEW).]

1. Evaluation and report. The Office of Child Care Coordination shall report its findings and recommendations annually to the joint standing committee of the Legislature having jurisdiction over human resources no later than the 3rd Wednesday in January of each first regular session of the Legislature. This report, at a minimum, shall include the following: A. The number and location of child care sites operated or planned for operation primarily for children of state employees; [PL 1987, c. 741, §4 (NEW).] B. The number and ages of children at each site; [PL 1987, c. 741, §4 (NEW).] C. The number and ages of children of state employees on waiting lists for admittance to the programs; [PL 1987, c. 741, §4 (NEW).] D. The types of activities and programs provided to the children; [PL 1987, c. 741, §4 (NEW).] E. The budget for each site, including expenditures and income. Income shall be further described to include fees charged and income from other sources. Any deficits shall also be described; [PL 1987, c. 741, §4 (NEW).] F. Assistance provided for children of low-income state employee households, including sliding scale fees and any other assistance. The number of children for whom this assistance is being provided shall also be included; [PL 1987, c. 741, §4 (NEW).] G. Any problems encountered in the operation of the child care facilities and programs and the reasons for these problems; [PL 1987, c. 741, §4 (NEW).] H. The successes that have been realized as a result of this service to state employees, including state employee successes relating directly to the program; [PL 1987, c. 741, §4 (NEW).] I. The hours of operation of each facility; and [PL 1987, c. 741, §4 (NEW).] J. Any other information deemed relevant and useful by the Office of Child Care Coordination. [PL 1987, c. 741, §4 (NEW).] [PL 1987, c. 741, §4 (NEW).]

2. Feasibility study of other child care facilities and programs. Prior to the creation of new or additional state financed or operated child care facilities provided primarily for the benefit of state employees, except the initial facility to be located in the Augusta area, the Office of Child Care Coordination, in cooperation with the Bureau of General Services, shall conduct a feasibility study of the proposed child care facility, which must be located in a state-owned facility or in a facility located conveniently near the workplaces of state employees. This feasibility study, at a minimum, must include: A. The location of the site and the reasons justifying the location, including reasons justifying or not justifying using state-owned facilities; [PL 1987, c. 741, §4 (NEW).] B. An analysis of the benefits and liabilities of contracting with the private sector to provide child care programs under this section; [PL 1987, c. 741, §4 (NEW).] C. An analysis of the benefits and liabilities of State Government operation of child care programs and facilities for children of state employees; [PL 1987, c. 741, §4 (NEW).] D. The number and ages of children proposed for the site; [PL 1987, c. 741, §4 (NEW).] E. The type of assistance to be made available to children of state employees classified as low-income households; [PL 1987, c. 741, §4 (NEW).] F. The types of activities and programs to be provided, including preschool and after-school programs; [PL 2011, c. 691, Pt. B, §24 (AMD).] G. A time schedule for the commencement of programs at each facility; [PL 1987, c. 741, §4 (NEW).] H. Sources of income, including fees, if any, for funding each facility; and [PL 1987, c. 741, §4 (NEW).] I. Any other information determined important by the Office of Child Care Coordination and the Bureau of General Services. [PL 2011, c. 691, Pt. B, §24 (AMD).] The report required by this subsection must be provided to the joint standing committee of the Legislature having jurisdiction over human resources matters in a timely manner preceding the selection of the site. [PL 2011, c. 691, Pt. B, §24 (AMD).]

3. Priorities; rulemaking. Any child care facility and programs operated primarily as a service to state employees shall give priority to children of low-income state employee households. Any facilities and programs offered under this section shall also be conveniently located for the use of state employees. The Office of Child Care Coordination shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , with respect to: A. Priorities of eligibility for the program; [PL 1987, c. 741, §4 (NEW).] B. The number of children that each state employee may enroll; [PL 1987, c. 741, §4 (NEW).] C. A sliding scale of fees for state employee households of different incomes; and [PL 1987, c. 741, §4 (NEW).] D. A definition of low income. [PL 1987, c. 741, §4 (NEW).] [PL 1987, c. 741, §4 (NEW).]

4. Collective bargaining. It is not the intent of the Legislature in this section to limit or restrict the rights of state employees to bargain collectively as provided in Title 26 . Nothing in this section may invalidate or supersede the provisions of a collective bargaining agreement between an employee organization and the State. [PL 1987, c. 741, §4 (NEW).]
22 M.R.S. § 1718-H — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-H
22 §1718-H. Disclosure related to annual wellness visit
Status: in_force

A health care entity, as defined in section 1718‑B, subsection 1, paragraph B , at the time of an annual wellness visit by an insured patient, shall disclose to the patient that not all services provided during the course of an annual wellness visit may be covered as preventive services without any out-of-pocket costs to the patient by the patient's health plan, as defined in Title 24‑A, section 4301‑A, subsection 7 , and that, if the patient has questions about the scope of covered services under the patient's health plan, the patient should contact the patient’s health insurance carrier. [PL 2023, c. 80, §1 (NEW).]
22 M.R.S. § 2845 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2845
22 §2845. Certificate of death typewritten or hand printed
Status: in_force

A death certificate required to be filed under this chapter by an authorized person as described in section 2846 must be typewritten or legibly hand printed prior to such filing. [PL 2011, c. 371, §1 (AMD); PL 2011, c. 371, §3 (AFF).]
22 M.R.S. § 7801 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7801
22 §7801. License or approval required
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. License required. Except as provided in subsection 3 or section 7805 , a person, firm, corporation or association may not operate any of the following without having, subject to this Subtitle and to the rules adopted by the department under this Subtitle, a written license from the department: A. A residential care facility; [PL 1993, c. 661, §2 (AMD).] A-1. In accordance with subparagraphs (1) and (2), an assisted housing facility either directly or by contract providing to its residents any of the following services: personal care assistance, the administration of medication or nursing services. (1) An assisted housing facility may directly provide to its residents meals, housekeeping and chore assistance, case management and personal care assistance delivered on the site of congregate housing without obtaining a separate license to do so. (2) An assisted housing facility licensee may hold at any one time only one license under this subsection. A qualified assisted housing facility may obtain a license for a different category under this subsection, upon application and surrender of the previous license; [PL 2023, c. 176, §4 (AMD).] B. A drug treatment center; [PL 1983, c. 386, §1 (RPR).] C. A children's home; [PL 1983, c. 386, §1 (RPR).] D. A child placing agency; [PL 1983, c. 386, §1 (RPR).] E. A child care facility licensed under section 8301‑A, subsection 2 ; [PL 2021, c. 35, §11 (AMD).] F. [PL 2001, c. 645, §4 (RP).] G. An adult day care program; or [PL 2021, c. 35, §12 (AMD).] H. A family child care provider licensed under section 8301‑A, subsection 3 . [PL 2021, c. 35, §13 (NEW).] [PL 2023, c. 176, §4 (AMD).]

2. Approval. [PL 1985, c. 770, §4 (RP).]

3. Residential care facilities. A residential care facility providing care to no more than 2 residents is not required to obtain a license under subsection 1 , unless the license is required for the residential care facilities to receive payment from available state funds, including the State's share of MaineCare reimbursements. The department may issue 2-year licenses and conduct modified surveys for compliance of those facilities as long as the facilities have relatively deficiency-free surveys with no history of health or safety violations. [PL 2023, c. 89, §2 (AMD).]

3-A. Residential care facilities serving adults with certain conditions. This subsection applies to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, as defined in Title 34‑B, section 6002, subsection 1 , a related condition, as defined in Title 34‑B, section 5001, subsection 5‑A , or an acquired brain injury. A. A residential care facility to which this subsection applies must obtain a license as provided by Title 34‑B, section 1203‑B . [PL 2023, c. 89, §3 (NEW).] B. (TEXT EFFECTIVE UNTIL 7/1/26) (TEXT REPEALED 7/1/26) A license issued under this chapter before July 1, 2024 to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury continues in effect until the license's expiration date, unless subject to the disciplinary authority of the department. [PL 2023, c. 89, §3 (NEW).] This paragraph is repealed July 1, 2026. [PL 2023, c. 89, §3 (NEW).] [PL 2023, c. 89, §3 (NEW).]

4. Boarding homes. [PL 1993, c. 661, §4 (RP).]

5. Residents under age of 18 years. Notwithstanding any age requirement, a person who is 17 years of age or older may be a resident in an adult foster home or boarding home without the home being required to be licensed as a children's home under chapter 1669 if the department determines that such a placement is in the best interests of that person. [PL 1989, c. 355, §1 (NEW).]

6. National accreditation. A person, firm, corporation or association operating a program or facility described under subsection 1 that receives and maintains accreditation from a national accrediting body approved by the department may be determined by the department to be in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this subsection in response to a complaint against the program or facility. [PL 2021, c. 532, §1 (AMD).]
22 M.R.S. § 4002 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4002
22 §4002. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 733, §18 (NEW).]

1. Abuse or neglect. "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairment or sexual abuse or exploitation including under Title 17‑A, sections 282 , 852 , 853 and 855 or lack of protection from these, by a person responsible for the child. "Abuse or neglect" also means serious harm or threat of serious harm by a person responsible for the child due to inadequate care or supervision of the child or deprivation of food, clothing, shelter, education or medical care necessary for the child's health or welfare by that person when that person is financially able to provide food, clothing, shelter, education or medical care necessary for the child's health or welfare or is offered lawful and reasonable financial means or resources to do so. "Abuse or neglect" also means truancy under Title 20‑A, section 3272, subsection 2, paragraph C or section 5051‑A, subsection 1, paragraph C or D when truancy is the result of neglect by a person responsible for the child. "Abuse or neglect" also means a threat to a child's health or welfare caused by child sex trafficking by any person, regardless of whether or not the person is responsible for the child. [PL 2025, c. 240, §1 (AMD).]

1-A. Abandonment. "Abandonment" means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. The intent may be evidenced by: A. Failure, for a period of at least 6 months, to communicate meaningfully with the child; [PL 1995, c. 481, §1 (AMD).] B. Failure, for a period of at least 6 months, to maintain regular visitation with the child; [PL 1995, c. 481, §1 (AMD).] C. Failure to participate in any plan or program designed to reunite the parent with the child; [PL 1983, c. 184, §1 (NEW).] D. Deserting the child without affording means of identifying the child and the child's parent or custodian; [RR 2021, c. 2, Pt. B, §177 (COR).] E. Failure to respond to notice of child protective proceedings; or [PL 1983, c. 184, §1 (NEW).] F. Any other conduct indicating an intent to forego parental duties or relinquish parental claims. [PL 1983, c. 184, §1 (NEW).] [RR 2021, c. 2, Pt. B, §177 (COR).]

1-B. Aggravating factor. "Aggravating factor" means any of the following circumstances with regard to the parent. A. The parent has subjected any child for whom the parent was responsible to aggravated circumstances, including, but not limited to, the following: (1) Rape, gross sexual misconduct, gross sexual assault, sexual abuse, incest, aggravated assault, kidnapping, promotion of prostitution, sexual exploitation of a minor, sex trafficking or aggravated sex trafficking, abandonment, torture, chronic abuse or any other treatment that is heinous or abhorrent to society. [PL 2015, c. 360, §3 (AMD).] A-1. The parent refused for 6 months to comply with treatment required in a reunification plan with regard to the child. [PL 2001, c. 696, §11 (NEW).] B. The parent has been convicted of any of the following crimes and the victim of the crime was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent: (1) Murder; (2) Felony murder; (3) Manslaughter; (4) Aiding, conspiring or soliciting murder or manslaughter; (5) Felony assault that results in serious bodily injury; or (6) Any comparable crime in another jurisdiction. [PL 1997, c. 715, Pt. B, §1 (NEW).] C. The parental rights of the parent to a sibling have been terminated involuntarily. [PL 1997, c. 715, Pt. B, §1 (NEW).] D. The parent has abandoned the child. [PL 1997, c. 715, Pt. B, §1 (NEW).] [PL 2015, c. 360, §3 (AMD).]

1-C. Best interest of the child. "Best interest of the child," "best interests of the child," "child's best interest" and "child's best interests" mean the standard of the best interest of the child according to the factors set forth in Title 19‑A, section 1653, subsection 3 . [PL 2017, c. 411, §2 (NEW).]

2. Child. "Child" means any person who is less than 18 years of age. [PL 1979, c. 733, §18 (NEW).]

3. Child protection proceeding. "Child protection proceeding" means a proceeding on a child protection petition under subchapter VI , a subsequent proceeding to review or modify a case disposition under section 4038 , an appeal under section 4006 , a proceeding on a termination petition under subchapter VI , or a proceeding on a medical treatment petition under subchapter VIII . [PL 1979, c. 733, §18 (NEW).]

3-A. Child Welfare Services Ombudsman. [PL 2001, c. 439, Pt. X, §1 (RP).]

3-B. Child sex trafficking. "Child sex trafficking" means the recruitment, harboring, transportation, provision or obtaining of a child for the purposes of a commercial sex act as defined in 22 United States Code, Section 7102(4). [PL 2021, c. 176, §2 (NEW).]

4. Custodial parent. "Custodial parent" means a parent with custody. [PL 1979, c. 733, §18 (NEW).]

5. Custodian. "Custodian" means the person who has legal custody and power over the person of a child. [PL 1979, c. 733, §18 (NEW).]

5-A. Foster parent. "Foster parent" means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. [PL 1997, c. 715, Pt. B, §2 (NEW).]

5-B. Fetal alcohol spectrum disorder. "Fetal alcohol spectrum disorder" means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. [PL 2019, c. 342, §1 (AMD).]

5-C. Grandparent. "Grandparent" means the parent of a child's parent. [PL 2017, c. 411, §3 (NEW).]

5-D. Family care plan. "Family care plan" means a plan of safe care as described in the federal Child Abuse Prevention and Treatment Act. [PL 2025, c. 353, §1 (NEW).]

6. Jeopardy to health or welfare or jeopardy. "Jeopardy to health or welfare" or "jeopardy" means serious abuse or neglect, as evidenced by: A. Serious harm or threat of serious harm; [PL 1979, c. 733, §18 (NEW).] B. Deprivation of adequate food, clothing, shelter, supervision or care; [PL 2021, c. 176, §3 (AMD).] B-1. Deprivation of necessary health care when the deprivation places the child in danger of serious harm; [PL 2005, c. 373, §5 (NEW).] B-2. Truancy under Title 20‑A, section 3272, subsection 2, paragraph C or section 5051‑A, subsection 1, paragraph C or D ; [PL 2021, c. 176, §4 (NEW).] C. Abandonment of the child or absence of any person responsible for the child, which creates a threat of serious harm; or [PL 1983, c. 184, §2 (AMD).] D. The end of voluntary placement, when the imminent return of the child to the child's custodian causes a threat of serious harm. [RR 2021, c. 2, Pt. B, §178 (COR).] [RR 2021, c. 2, Pt. B, §178 (COR).]

6-A. Licensed mental health professional. "Licensed mental health professional" means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. [PL 1985, c. 495, §16 (NEW).]

6-B. Qualified individual. "Qualified individual" has the same meaning as in 42 United States Code, Section 675a(c)(1)(D)(i) (2020). [PL 2021, c. 210, §1 (NEW).]

6-C. Qualified residential treatment program. "Qualified residential treatment program" means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that: A. Utilizes a trauma-informed treatment model that is designed to address the clinical and other needs of children with serious emotional and behavioral disorders or disturbances; [PL 2021, c. 210, §2 (NEW).] B. Implements a specific treatment recommended in a needs assessment completed by a qualified individual; [PL 2021, c. 210, §2 (NEW).] C. Employs registered or licensed nursing staff and other licensed clinical staff who are: (1) On site according to the treatment model used pursuant to paragraph A and during business hours; and (2) Available 7 days a week on a 24-hour basis; [PL 2021, c. 210, §2 (NEW).] D. Appropriately facilitates outreach to family members and integrates those family members into the treatment of children; [PL 2021, c. 210, §2 (NEW).] E. Provides discharge planning for children including 6 months of post-discharge aftercare support; [PL 2021, c. 210, §2 (NEW).] F. Is licensed by the department in accordance with the United States Social Security Act, Section 471(a)(10); and [PL 2021, c. 210, §2 (NEW).] G. Is accredited by an independent nonprofit organization approved by the department. [PL 2021, c. 210, §2 (NEW).] [PL 2021, c. 210, §2 (NEW).]

7. Parent. "Parent" means a natural or adoptive parent or a parent established under Title 19‑A, chapter 61 , unless parental rights have been terminated. [PL 2015, c. 296, Pt. C, §26 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]

7-A. Permanent plan. [PL 2005, c. 372, §2 (RP).]

8. Person. "Person" means an individual, corporation, facility, institution or agency, public or private. [PL 1979, c. 733, §18 (NEW).]

9. Person responsible for the child. "Person responsible for the child" means a person with responsibility for a child's health or welfare, whether in the child's home or another home; a facility licensed or subject to licensure that, as part of its function, provides for care of the child; or a person licensed or subject to licensure that, as part of its function, provides for care of the child. "Person responsible for the child" includes the child's custodian. [PL 2023, c. 248, §1 (AMD).]

9-A. Preadoptive parent. "Preadoptive parent" means a person who has entered into a preadoption agreement with the department with respect to the child. [PL 1997, c. 715, Pt. B, §3 (NEW).]

9-B. Relative. "Relative" means a family member related to the child within the 3rd degree through parentage established under Title 19‑A, chapter 61 or any spouse of that family member. "Relative" also includes the adoptive parent of the child's siblings. "Relative" includes, for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8 , an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5 . [PL 2023, c. 359, §6 (AMD).]

9-C. Removal of the child from home. "Removal of the child from home" means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. [PL 1997, c. 715, Pt. B, §3 (NEW).]

9-D. Resource family. "Resource family" means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. [PL 2011, c. 402, §1 (NEW).]

10. Serious harm. "Serious harm" means: A. Serious injury; [PL 1979, c. 733, §18 (NEW).] B. Serious mental or emotional injury or impairment which now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including severe anxiety, depression or withdrawal, untoward aggressive behavior, seriously delayed development or similar serious dysfunctional behavior; or [PL 1985, c. 739, §3 (AMD).] C. Sexual abuse or exploitation. [PL 1979, c. 733, §18 (NEW).] [PL 1985, c. 739, §3 (AMD).]

11. Serious injury. "Serious injury" means serious physical injury or impairment. [PL 1979, c. 733, §18 (NEW).]

12. Suspicious child death. "Suspicious child death" means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. [PL 2007, c. 586, §1 (NEW).]
22 M.R.S. § 3196 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3196
22 §3196. Coverage for non-Medicaid services to MaineCare members
Status: in_force

1. Coverage. The department shall provide coverage for abortion services to a MaineCare member. [PL 2019, c. 274, §1 (NEW).]

2. Funding. Abortion services that are not federally approved Medicaid services must be funded by state funds within existing resources. [PL 2019, c. 274, §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 2019, c. 274, §1 (NEW).]
22 M.R.S. § 7705 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7705
22 §7705. Transaction fee for electronic renewal of license
Status: in_force

The department may collect a transaction fee from providers renewing their licenses electronically under this subtitle. The fee may not exceed the cost of providing the electronic license renewal service. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 590, §5 (NEW).]
22 M.R.S. § 411 — ME Code / Title 22 / Subtitle 2 / Chapter 152 / Section 411
22 §411. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 355, §5 (NEW).]

1. Accreditation. "Accreditation" means a national federally recognized credentialing process resulting in the approval of a public health system or a municipal health department by a national federally recognized review board certifying that a public health system or a municipal health department has met specific performance requirements and standards. Accreditation provides quality assurance, credibility and accountability to the public, to government officials and to public health fund sources. As applicable to a tribal health department or health clinic, "accreditation" means a recognized credentialing process by a national federally recognized review board for Indian health. [PL 2011, c. 306, §1 (AMD).]

1-A. Associate health officer. "Associate health officer" means a municipal employee who has knowledge of the community and meets the educational, training and experience standards established by the local health officer. [PL 2023, c. 46, §1 (NEW).]

2. Comprehensive community health coalition. "Comprehensive community health coalition" means a multisector coalition that serves a defined local geographic area and is composed of designated organizational representatives and interested community members who share a commitment to improving their communities' health and quality of life and that includes public health in its core mission. [PL 2009, c. 355, §5 (NEW).]

3. District coordinating council for public health. "District coordinating council for public health" means a representative districtwide body of local public health stakeholders working toward collaborative public health planning and coordination to ensure effectiveness and efficiencies in the public health system. [PL 2009, c. 355, §5 (NEW).]

4. District public health unit. "District public health unit" means a unit of public health staff set up whenever possible in a district in department offices. A staff must include when possible public health nurses, field epidemiologists, drinking water engineers, health inspectors and district public health liaisons. [PL 2009, c. 355, §5 (NEW).]

5. District. "District" means one of the 8 districts of the department, including Aroostook District, composed of Aroostook County; Penquis District, composed of Penobscot County and Piscataquis County; Downeast District, composed of Washington County and Hancock County; Midcoast District, composed of Waldo County, Lincoln County, Knox County and Sagadahoc County; Central District, composed of Kennebec County and Somerset County; Western District, composed of Androscoggin County, Franklin County and Oxford County; Cumberland District, composed of Cumberland County; and York District, composed of York County, and the tribal district, composed of any lands belonging to the Indian tribes in the State and including any member of a tribe living outside of tribal lands. [PL 2011, c. 306, §1 (AMD).]

6. Essential public health services. "Essential public health services" means core public health functions identified by a national public health performance standards program, a national federally recognized review board or a national federally recognized review board for Indian health that help provide the guiding framework for the work and accreditation of public health systems or municipal health departments. [PL 2011, c. 306, §1 (AMD).]

7. Health risk assessment. "Health risk assessment" means a customized process by which an individual confidentially responds to questions and receives a feedback report to help that individual understand the individual's personal risks of developing preventable health problems, know what preventive actions the individual can take and learn what local and state resources are available to help the individual take these actions. [PL 2009, c. 355, §5 (NEW).]

8. Healthy Maine Partnerships. "Healthy Maine Partnerships" means a statewide system of comprehensive community health coalitions that meet the standards for department funding that is established under section 412 , including the tribal district. [PL 2011, c. 306, §1 (AMD).]

8-A. Indian tribe. "Indian tribe" or "tribe" means a federally recognized Indian nation, tribe or band in the State. [PL 2011, c. 306, §1 (NEW).]

9. Local health officer. "Local health officer" means a municipal employee who has knowledge of the employee's community and meets educational, training and experience standards as set by the department in rule to comply with section 451 . [PL 2009, c. 355, §5 (NEW).]

10. Municipal health department. "Municipal health department" means a health department or division that is established pursuant to municipal charter or ordinance in accordance with Title 30‑A, chapter 141 and accredited by a national federally recognized credentialing process. [PL 2009, c. 355, §5 (NEW).]

11. Statewide Coordinating Council for Public Health. "Statewide Coordinating Council for Public Health" means the council established under Title 5, section 12004‑G, subsection 14‑G . [PL 2009, c. 355, §5 (NEW).]

12. Tribal district. "Tribal district" means an administrative district established in a memorandum of understanding or legal contract among all Indian tribes in the State that is recognized by the department. The tribal district's jurisdiction includes tribal lands, tribal health departments or health clinics and members of the tribes anywhere in the State. [PL 2011, c. 306, §1 (NEW).]

13. Tribal health department or health clinic. "Tribal health department or health clinic" means a health department or health clinic managed by an Indian tribe that is eligible for funds from the United States Department of the Interior, Bureau of Indian Affairs, Indian Health Service and other federal funds. For the purposes of this subsection, each director of a tribal health department or health clinic has a tribal role and a role defined by the Indian Health Service that is equivalent to the role of a director of an accreditation-eligible municipal health department. [PL 2011, c. 306, §1 (NEW).]
22 M.R.S. § 8755 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8755
22 §8755. Compliance
Status: in_force

1. Oversight. The division shall place primary emphasis on ensuring effective corrective action by the facility. The division may conduct on-site visits to health care facilities to determine compliance with this chapter. [PL 2025, c. 305, Pt. B, §11 (AMD).]

2. Penalties. When the division determines that a health care facility failed to report a sentinel event pursuant to this chapter, the health care facility is subject to a penalty imposed in conformance with Title 5, chapter 375, subchapter 4 and payable to the State of not more than $10,000 per violation. If the facility in good faith notified the division of a suspected sentinel event and the division later determines it is a sentinel event, the facility is not subject to a penalty for that event. Funds collected pursuant to this section must be deposited in a dedicated special revenue account to be used to support sentinel event reporting and education. [PL 2009, c. 358, §7 (NEW).]

3. Administrative hearing and appeal. To contest the imposition of a penalty under this section, a health care facility must submit to the division a written request for an administrative hearing within 10 days of notice of imposition of a penalty pursuant to this section. Judicial appeal must be in accordance with Title 5, chapter 375, subchapter 7 . [PL 2009, c. 358, §7 (NEW).]

4. Injunction. Notwithstanding any other remedies provided by law, the Office of the Attorney General may seek an injunction to require compliance with the provisions of this chapter. [PL 2009, c. 358, §7 (NEW).]

5. Enforcement. The Office of the Attorney General may file a complaint with the District Court seeking injunctive relief for violations of this chapter. [PL 2009, c. 358, §7 (NEW).]
22 M.R.S. § 3174-AA — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-AA
22 §3174-AA. Asset limits
Status: in_force

Beginning January 1, 2002, in determining eligibility for medical assistance under the Medicaid program for all individuals and families subject to an asset test, the department shall exempt from consideration all assets exempt pursuant to program rule on January 1, 2001 and shall adopt rules to exempt from consideration certain assets in amounts and under terms the department determines to be reasonable and consistent with the purposes of the Medicaid program as provided in this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . The rules must provide exemptions for the following assets: [PL 2001, c. 450, Pt. A, §4 (NEW).]

1. Second vehicle. A 2nd vehicle that is necessary for employment, to secure medical treatment or to provide transportation for essential daily activities or a vehicle that has been modified for operation by or the transportation of a person with a disability; and [PL 2001, c. 450, Pt. A, §4 (NEW).]

2. Savings. An amount up to $8,000 for an individual and up to $12,000 for a household of more than one person. [PL 2001, c. 450, Pt. A, §4 (NEW).] Revisor's Note: §3174-AA. Mail order drugs (As amended by PL 2003, c. 451, Pt. XX, §1 is REALLOCATED TO TITLE 22, SECTION 3174-EE)
22 M.R.S. § 1718-D — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-D
22 §1718-D. Prohibition on balance billing for surprise bills and bills for out-of-network emergency services; disputes of bills for uninsured patients and persons covered under self-insured health benefit plans; disclosure related to referrals
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Enrollee" has the same meaning as in Title 24‑A, section 4301‑A, subsection 5 . [PL 2017, c. 218, §1 (NEW); PL 2017, c. 218, §3 (AFF).] B. "Health plan" has the same meaning as in Title 24‑A, section 4301‑A, subsection 7 . [PL 2017, c. 218, §1 (NEW); PL 2017, c. 218, §3 (AFF).] B-1. "Knowingly elected to obtain the services from an out-of-network provider" means that an enrollee chose the services of a specific provider, with full knowledge that the provider is an out-of-network provider with respect to the enrollee's health plan, under circumstances that indicate that the enrollee had and was informed of the opportunity to receive services from a network provider but instead selected the out-of-network provider. The disclosure by a provider of network status does not render an enrollee's decision to proceed with treatment from that provider a choice made knowingly pursuant to this paragraph. [PL 2019, c. 668, §1 (NEW).] C. "Provider" has the same meaning as in Title 24‑A, section 4301‑A, subsection 16 . [PL 2017, c. 218, §1 (NEW); PL 2017, c. 218, §3 (AFF).] D. "Surprise bill" has the same meaning as in Title 24‑A, section 4303‑C, subsection 1 . [PL 2017, c. 218, §1 (NEW); PL 2017, c. 218, §3 (AFF).] E. "Visit" means any interaction between an enrollee and one or more providers for the purpose of assessing the health status of an enrollee or providing one or more health care services between the time an enrollee enters a facility and the time an enrollee is discharged. [PL 2019, c. 668, §1 (NEW).] [PL 2019, c. 668, §1 (AMD).]

2. Prohibition on balance billing. An out-of-network provider reimbursed for a surprise bill or a bill for covered emergency services under Title 24‑A, section 4303‑C or, if there is a dispute, under Title 24‑A, section 4303‑E or a bill for COVID-19 screening and testing under Title 24‑A, section 4320‑P may not bill an enrollee for health care services beyond the applicable coinsurance, copayment, deductible or other out-of-pocket cost expense that would be imposed for the health care services if the services were rendered by a network provider under the enrollee's health plan. For an enrollee subject to coinsurance, the out-of-network provider shall calculate the coinsurance amount based on the median network rate for that health care service under the enrollee's health plan. An out-of-network provider is also subject to the following with respect to any overpayment made by an enrollee. A. If an out-of-network provider provides health care services covered under an enrollee's health plan and the out-of-network provider receives payment from the enrollee for health care services for which the enrollee is not responsible pursuant to this subsection, the out-of-network provider shall reimburse the enrollee within 30 calendar days after the earlier of the date that the provider received notice of the overpayment and the date the provider became aware of the overpayment. [PL 2019, c. 668, §1 (NEW).] B. An out-of-network provider that fails to reimburse an enrollee for an overpayment as required by paragraph A shall pay interest on the overpayment at the rate of 10% per annum beginning on the earlier of the date the provider received notice of the overpayment and the date the provider became aware of the overpayment. An enrollee is not required to request the accrued interest from the out-of-network provider in order to receive interest with the reimbursement amount. [PL 2019, c. 668, §1 (NEW).] [PL 2021, c. 28, Pt. A, §1 (AMD).]

3. Uninsured patients; disputes of bills. An uninsured patient who has received a bill for emergency services from a provider for one or more emergency health care services rendered during a single visit totaling $750 or more may dispute the bill and request resolution of the dispute using the process under Title 24‑A, section 4303‑E . The independent dispute resolution entity contracted to resolve the dispute over the surprise bill shall select either the out-of-network provider's fee or the uninsured patient's proposed payment amount in accordance with Title 24‑A, section 4303‑E . An uninsured patient may not be charged by a provider more than the amounts generally billed to a patient who has insurance covering emergency services as determined using the method described in 26 Code of Federal Regulations, Section 1.501(r)-5, paragraph (b)(3) or (b)(4). A provider shall hold the uninsured patient harmless for the duration of the independent dispute resolution process and may not seek payment until the independent dispute resolution process is completed. Notwithstanding Title 24‑A, section 4303‑E, subsection 1, paragraph F , payment for the independent dispute resolution process is the responsibility of the provider. In the event a claim includes more than one emergency health care service rendered during a single visit, the independent dispute resolution entity may allocate the prorated independent dispute resolution costs at its discretion among providers. [PL 2019, c. 668, §1 (NEW).] Revisor's Note: (Subsection 3 as enacted by PL 2019, c. 670, §1 is REALLOCATED TO TITLE 22, SECTION 1718-D, SUBSECTION 5)

4. Person covered under self-insured health benefit plan; disputes of surprise bills or bills for covered emergency services rendered by an out-of-network provider. A person covered under a self-insured health benefit plan that is not subject to the provisions of Title 24‑A, section 4303‑E pursuant to Title 24‑A, section 4303‑E, subsection 2 and who has received a surprise bill for emergency services or a bill for covered emergency services rendered by an out-of-network provider may dispute the bill and request resolution of the dispute using the process under Title 24‑A, section 4303‑E, subsection 1 . The independent dispute resolution entity contracted to resolve the dispute over the bill shall select either the out-of-network provider's fee or the covered person's proposed payment amount in accordance with Title 24‑A, section 4303‑E, subsection 1 . This subsection does not apply to a person covered under a self-insured health benefit plan who knowingly elected to obtain the services from an out-of-network provider. [PL 2019, c. 668, §1 (NEW).]

5. (REALLOCATED FROM T. 22, §1718-D, sub-§3) Referral to an out-of-network provider. A provider receiving a nonemergency referral or self-referral for any in-person health care service or procedure shall disclose to the enrollee whether that provider to whom the enrollee is being referred is a member of the provider network under the enrollee's health plan before the enrollee schedules the appointment for that service or procedure. [RR 2019, c. 2, Pt. A, §25 (RAL).]
22 M.R.S. § 2843 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2843
22 §2843. Permits for final disposition of dead human bodies
Status: in_force

Except as authorized by the department, a dead human body may not be buried, cremated, subjected to natural organic reduction or otherwise disposed of or removed from the State until a funeral director or other authorized person in charge of the disposition of the dead human body or its removal from the State has obtained a permit from the State Registrar of Vital Statistics or the clerk of the municipality where death occurred or where the establishment of a funeral director having custody of the dead human body is located as specified by department rule. The permit is sufficient authority for final disposition in any place where dead human bodies are disposed of in this State, as long as the requirements of section 2900‑A and Title 32, section 1405 are met in appropriate cases. The permit may not be issued to anyone other than a funeral director until the state registrar or the clerk of the municipality receives a medical certificate that has been signed by a physician or a medical examiner that indicates that the physician or medical examiner has personally examined the body after death. A permit must also be issued if a nurse practitioner or physician associate has signed the medical certificate indicating that the nurse practitioner or physician associate has knowledge of the deceased's recent medical condition or was in charge of the deceased's care and that the nurse practitioner or physician associate has personally examined the body after death. The authorized person may transport a dead human body only upon receipt of this permit. [PL 2025, c. 316, §3 (REV); PL 2025, c. 390, Pt. A, §39 (AMD).]

The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final disposition by cremation, burial at sea, use by medical science, natural organic reduction or removal from the State only upon receipt of a certificate by a duly appointed medicolegal death investigator or medical examiner as specified in Title 32, section 1405 or section 2900‑A, subsection 8 . [PL 2023, c. 676, §11 (AMD).]

1. Permit for transportation. Each dead human body transported into this State for final disposition must be accompanied by a permit issued by the duly constituted authority at the place of death. Such permit is sufficient authority for final disposition in any place where dead human bodies are disposed of in this State. [PL 2009, c. 601, §27 (AMD).]

2. Permit for disinterment or removal. A dead human body may not be disinterred or removed from any vault or tomb until the person in charge of the disinterment or removal has obtained a permit from the State Registrar of Vital Statistics or from the clerk of the municipality where the dead human body is buried or entombed. The permit must be issued upon receipt of a notarized application signed by the next of kin of the deceased who verifies that the signer is the closest surviving known relative and, when any other family member of equal or greater legal or blood relationship or a domestic partner of the decedent also survives, that all such persons are aware of, and do not object to, the disinterment or removal. This subsection does not preclude a court of competent jurisdiction from ordering or enjoining disinterment or removal pursuant to section 3029 or in other appropriate circumstances. [PL 2021, c. 567, §19 (AMD).]

3. Permit for burial. The person in charge of each burying ground, crematory or natural organic reduction facility in this State shall endorse, and provide the date the body was disposed of on, each such permit with which that person is presented and return it to the State Registrar of Vital Statistics or to the clerk of the municipality in which such burying ground, crematory or facility is located within 7 days after the date of disposition. If there is no person in charge of the burying ground, an official of the municipality in which the burying ground is located shall endorse, and provide the date the body was disposed of on, each such permit and present it to the State Registrar of Vital Statistics or the clerk of the municipality. The funeral director or authorized person shall present a copy of each permit, after endorsement, to the State Registrar of Vital Statistics or the clerk of the municipality where death occurred and to the clerk who issued the permit. [PL 2023, c. 676, §12 (AMD).]

3-A. Authorization for burial of cremated or other remains in public burying ground. [PL 2025, c. 390, Pt. A, §40 (RP).]

4. Records. Each municipality shall maintain a record of any endorsed or electronically affirmed permit received pursuant to subsection 3 in the electronic death registration system described in section 2847 . A copy of an endorsed or electronically affirmed permit must be made available to a member of the public upon a request made to the municipal clerk. The State Registrar of Vital Statistics may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A to carry out the purposes of this subsection. [PL 2023, c. 67, §5 (AMD).]
22 M.R.S. § 2053 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2053
22 §2053. Definitions
Status: in_force

As used in this chapter, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent. [PL 1971, c. 303, §1 (NEW).]

1. Authority. "Authority" means the Maine Health and Higher Educational Facilities Authority created and established as a public body corporate and politic of the State of Maine by section 2054 or any board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this chapter shall be given by law. [PL 1979, c. 680, §3 (AMD).]

2. Bonds and notes. "Bonds" and "notes" mean bonds and notes of the authority issued under this chapter, including refunding bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit of the authority or the full faith and credit of a participating health care facility, a participating institution for higher education or a participating institution providing an educational program, or any other lawfully pledged security of a participating health care facility, a participating institution for higher education or a participating institution providing an educational program. [PL 2007, c. 354, §2 (AMD).]

2-A. Community health or social service facility. "Community health or social service facility" means a community-based facility that provides medical or medically related diagnostic or therapeutic services, mental health services, services for persons with intellectual disabilities or autism, substance use disorder services or family counseling and domestic abuse intervention services and is licensed by the State. [PL 2017, c. 407, Pt. A, §74 (AMD).]

2-B. Community health center. "Community health center" means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in a community. [PL 1993, c. 390, §4 (NEW).]

2-C. Congregate housing facility. [PL 1995, c. 670, Pt. C, §1 (RP); PL 1995, c. 670, Pt. D, §5 (AFF).]

3. Cost. "Cost" as applied to a project or any portion thereof financed under this chapter shall mean the cost of construction, building, acquisition, equipping, alteration, enlargement, reconstruction and remodeling of a project and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interest acquired, necessary, used for or useful for or in connection with a project and all other undertakings which the authority deems reasonable or necessary for the development of a project, including but not limited to the cost of demolishing or removing any building or structures on land so acquired, the cost of acquiring any lands to which such building or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and if judged advisable by the authority, for a period after completion of such construction, the cost of financing the project, including interest on bonds and notes issued by the authority to finance the project; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions and improvements; cost of architectural, engineering, financial, legal or other special services, plans, specifications, studies, surveys, estimates of cost and revenues; administrative and operating expenses; expenses necessary or incident to determining the feasibility or practicability of constructing the project; and such other expenses necessary or incident to the construction and acquisition of the project, the financing of such construction, and acquisition and the placing of the project in operation. [PL 1971, c. 303, §1 (NEW).]

3-A. Health care facility. "Health care facility" means a nursing home that is, or will be upon completion, licensed under chapter 405; a residential care facility that is, or will be upon completion, licensed under chapter 1663; a continuing care retirement community that is, or will be upon completion, licensed under Title 24‑A, chapter 73; an assisted living facility that is, or will be upon completion, licensed under chapter 1664; a hospital; a community mental health facility; a scene response air ambulance licensed under Title 32, chapter 2‑B and the rules adopted thereunder; a facility of a hospice program that is, or will be upon completion, licensed under chapter 1681; a nonprofit statewide health information network incorporated in the State for the purpose of exchanging health care information among licensed health care providers in the State; a community health center; or an urgent care facility licensed under section 1812-M. [PL 2025, c. 129, §3 (AMD).]

3-B. Eligible entity. "Eligible entity" means a facility or institution eligible to participate in financing or other borrowing services authorized by this chapter and includes a participating community health or social service facility, a participating health care facility, a participating institution for higher education or a participating institution providing an educational program. [PL 2007, c. 354, §3 (AMD).]

4. Hospital. "Hospital" means any private, nonprofit or charitable institution or organization which is either: A. Engaged in the operation of, or formed for the purpose of operating, a hospital which is, or will be upon completion, licensed as a hospital under the laws of the State; or [PL 1983, c. 199, §1 (NEW).] B. Whose sole members are 2 or more institutions or organizations which are licensed as hospitals or nursing homes under the laws of the State. [PL 1983, c. 199, §1 (NEW).] [PL 1983, c. 199, §1 (RPR).]

4-A. Nursing home. [PL 1991, c. 584, §2 (RP).]

4-B. Institution for higher education. "Institution for higher education" means: A. Any private, nonprofit, governmental or charitable institution or organization engaged in the operation of, or formed for the purpose of operating, an educational institution within this State, including the Maine Community College System and the University of Maine System, that, by virtue of law or charter, is an educational institution empowered to provide a program of education beyond the high school level; and [PL 2023, c. 607, §16 (AMD).] B. The Maine School of Science and Mathematics, as established in Title 20‑A, chapter 312 . [PL 2023, c. 607, §16 (AMD).] C. [PL 2023, c. 607, §16 (RP).] [PL 2023, c. 607, §16 (AMD).]

4-C. Participating community mental health facility. [PL 1993, c. 390, §6 (RP).]

4-D. Participating community health or social service facility. "Participating community health or social service facility" means a community health or social service facility that is exempt from taxation under section 501 of the United States Internal Revenue Code and that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and committed by this chapter. [PL 1995, c. 179, §2 (NEW).]

4-E. Institution providing an educational program. "Institution providing an educational program" means a nonprofit or charitable institution, public or private, that is exempt from federal taxation pursuant to the United States Internal Revenue Code of 1986, as amended, Section 501 and that provides a program of education for the purpose of enhancing the knowledge or abilities of its members or the general public. [PL 2007, c. 354, §4 (NEW).]

5. Participating health care facility. "Participating health care facility" means a health care or licensed assisted living facility that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and permitted by this chapter. [PL 1995, c. 670, Pt. C, §3 (AMD); PL 1995, c. 670, Pt. D, §5 (AFF).]

5-A. Participating institution for higher education. "Participating institution for higher education" means an institution for higher education which, pursuant to this chapter, shall undertake the financing and construction or acquisition of a project or shall undertake the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. [PL 1979, c. 680, §5 (NEW).]

5-B. Participating institution providing an educational program. "Participating institution providing an educational program" means an institution providing an educational program that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. [PL 2007, c. 354, §5 (NEW).]

6. Project. "Project" means: A. In the case of a participating health care facility or a participating community health or social service facility, the acquisition, construction, improvement, reconstruction or equipping of, or construction of an addition or additions to, a structure designed for use as a health care facility, community health or social service facility, congregate housing facility, laboratory, laundry, nurses or interns residence or other multiunit housing facility for staff, employees, patients or relatives of patients admitted for treatment in the health care facility, community health or social service facility, doctors office building, administration building, research facility, maintenance, storage or utility facility or other structures or facilities related to any of the foregoing or required or useful for the operation of the project, or the refinancing of existing indebtedness in connection with any of the foregoing, including parking and other facilities or structures essential or convenient for the orderly conduct of the health care facility or community health or social service facility. "Project" also includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, parking lots, machinery and equipment, and all other appurtenances and facilities either on, above or under the ground that are used or usable in connection with the structures mentioned in this paragraph, and includes landscaping, site preparation, furniture, machinery and equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as food, fuel, supplies or other items that are customarily considered as a current operating charge. In the case of a hospital, as defined in subsection 4, paragraph B , a community health center or a community health or social service facility, "project" does not include any facilities, structures or appurtenances, the use of which is not directly related to the provision of patient care by its members; [PL 2007, c. 354, §6 (AMD).] B. In the case of a participating institution for higher education, the acquisition, construction, improvement, reconstruction or equipping of, or construction of an addition or additions to, any structure designed for use as a dormitory or other housing facility, dining facility, student union, academic building, administrative facility, library, classroom building, research facility, faculty facility, office facility, athletic facility, health care facility, laboratory, maintenance, storage or utility facility or other building or structure essential, necessary or useful for instruction in a program of education provided by an institution for higher education, including a parking facility, or any multipurpose structure designed to combine 2 or more of the functions performed by the types of structures enumerated in this paragraph. "Project" includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this paragraph, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge; and [PL 2007, c. 354, §6 (AMD).] C. In the case of a participating institution providing an educational program, the acquisition, construction, improvement, reconstruction or equipping of, or construction of an addition or additions to, any structure designed for use as a dormitory or other housing facility, dining facility, student union, academic building, administrative facility, library, classroom building, research facility, faculty facility, office facility, athletic facility, health care facility, laboratory, maintenance, storage or utility facility, exhibition facility or space, performing arts facility, museum, theater, studio or other building or structure essential, necessary or useful to the participating institution providing an educational program, including a parking facility or any multipurpose structure designed to combine 2 or more of the functions performed by the types of structures enumerated in this paragraph. "Project" includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this paragraph, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge. [PL 2007, c. 354, §6 (NEW).] [PL 2007, c. 354, §6 (AMD).]

7. Refinancing of existing indebtedness. "Refinancing of existing indebtedness" means liquidation, with the proceeds of bonds or notes issued by the authority, of an indebtedness of a health care facility, an institution for higher education or a participating institution providing an educational program incurred to finance or aid in financing a lawful purpose of that health care facility, institution for higher education or participating institution providing an educational program not financed pursuant to this chapter that would constitute a project had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a project related to the purpose for which the indebtedness of the health care facility, institution for higher education or participating institution providing an educational program was incurred. [PL 2007, c. 354, §7 (AMD).]
22 M.R.S. § 1471-E — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-E
22 §1471-E. Aquatic application, permit required
Status: in_force

No person shall apply or cause to be applied a pesticide to the waters of the State without obtaining a waste discharge license from the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter I, Article 2 . [PL 1979, c. 281, §1 (RPR).]