22 M.R.S. § 1714-A — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1714-A
22 §1714-A. Debts owed the department by providers
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Boarding home" means any facility that meets the definition of former section 7901‑A, subsection 4 or the definition of residential care facility in section 7852, subsection 14 . [PL 2001, c. 596, Pt. B, §3 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).] B. "Debt" means any amount of money that is owed to the department as a result of: (1) Overpayments that have been determined by a department audit pursuant to the applicable principles of reimbursement, overpayments as reported by a provider in an unaudited cost report or overpayments that have been discovered in any other manner; (2) The department's authority to recapture depreciation; (3) The assessment of fines and sanctions; (4) Projected overpayments reported in an interim cost report. If an interim report is not filed at least 30 days prior to the transfer, "debt" also includes 5% of Medicaid reimbursement or cost reimbursement for the last fiscal year or $50,000, whichever is less; or (5) A final reconciliation decision and order by the former Maine Health Care Finance Commission. [PL 2007, c. 466, Pt. A, §42 (AMD).] C. "Former provider" means the person reimbursed by the department for the provision of health care services at a nursing home, boarding home, hospital or other provider of health care services prior to its transfer. [PL 2011, c. 687, §5 (AMD).] D. "Hospital" means any facility licensed pursuant to sections 1811 and 1817 . [PL 1991, c. 9, Pt. G, §4 (NEW).] E. "Interim cost report" means a cost report that covers the current fiscal year and any prior periods not covered by a previously filed cost report. Cost incurred in the 90 days prior to the transfer need not be covered in the interim cost report. [PL 1991, c. 9, Pt. G, §4 (NEW).] F. "Nursing home" means any facility that meets the definition of section 1812‑A , including an intermediate care facility for persons with intellectual disabilities. [PL 2011, c. 542, Pt. A, §27 (AMD).] G. "Person" means any natural person, partnership, association, corporation or other entity including any county, local or other governmental unit. [PL 1991, c. 9, Pt. G, §4 (NEW).] H. "Provider" means a person reimbursed by the department for the provision of health care services. [PL 1991, c. 9, Pt. G, §4 (NEW).] I. "Transfer" means any change in the ownership or control of a nursing home, boarding home, hospital or other provider of health care services, including, but not limited to, a sale, lease or gift of the land, building or operating entity, that results in: (1) The department reimbursing a person other than the former provider for the provision of care or services; or (2) The discontinuation of the provision of care or services. [PL 2011, c. 687, §6 (AMD).] J. "Transferee" means any person to whom a nursing home, boarding home, hospital or other provider of health care services is transferred. [PL 2011, c. 687, §6 (AMD).] [PL 2011, c. 542, Pt. A, §27 (AMD); PL 2011, c. 687, §§5, 6 (AMD).]

2. Establishment of debt. A debt is established by the department when it notifies a provider of debt that the provider owes the department pursuant to a decision and order that constitutes final agency action. A debt is collectible by the department 31 days after exhaustion of all administrative appeals and any judicial review available under Title 5, chapter 375 . [PL 2003, c. 419, §4 (AMD).]

3. Notice of debt. Any notice of debt issued to a provider by the department must include the following: A. A statement of the debt accrued; [PL 1991, c. 9, Pt. G, §4 (NEW).] B. A statement of the time period during which the debt accrued; [PL 1991, c. 9, Pt. G, §4 (NEW).] C. The basis for the debt; [PL 1991, c. 9, Pt. G, §4 (NEW).] D. The debtor's right to request a fair hearing within 30 days of receipt of the notice; and [PL 1991, c. 9, Pt. G, §4 (NEW).] E. A statement that after a debt is established, the department may proceed to collect that debt through administrative offset, lien and foreclosure, or other collection action. [PL 1991, c. 9, Pt. G, §4 (NEW).] [PL 1991, c. 568, §1 (AMD).]

4. Successor liability. Liability of transferees is governed by this subsection. A. When a nursing home, boarding home, hospital or other provider of health care services is transferred, the transferee is liable for debts owed to the department by the former provider unless by the time of sale: (1) All debts owed by the former provider to the department have been paid, except as stated in subparagraph (2); (2) If the indebtedness is the subject of an administrative appeal, an escrow account has been created and funded in an amount sufficient to cover the debt as claimed by the department; or (3) An interim cost report has: (a) Been filed and an escrow account has been created and funded in an amount sufficient to cover any overpayment identified in the report; or (b) Not been filed and an escrow account has been created and funded in an amount sufficient to cover 5% of Medicaid reimbursement or cost reimbursement for the last fiscal year or $50,000, whichever is less. [PL 2011, c. 687, §7 (AMD).] B. Any person affected by this subsection may request that the department identify the amount of any debt owed by a nursing home, boarding home, hospital or other provider of health care services. When the department receives such a request, it shall identify the debt within 30 days. Failure to identify the amount of a debt when a request is made in writing at least 30 days prior to the transfer precludes the department from recovering that debt from the transferee. [PL 2011, c. 687, §7 (AMD).] C. The department shall provide written notice of the requirements of this section to the transferee in a letter acknowledging receipt of a request for a certificate of need or waiver of the certificate of need for a nursing home or hospital transfer or in response to a request for an application for a license to operate a boarding home or to provide other health care services. [PL 2011, c. 687, §8 (AMD).] D. If a transferee becomes liable for a debt pursuant to this subsection, the transferee shall succeed to any defenses to the debt that could have been exercised by the former provider. [PL 1991, c. 9, Pt. G, §4 (NEW).] E. Nothing in this subsection may limit the liability of the former provider to the department for any debts whether or not they are identified at the time of sale. In addition, a transferee has a cause of action against a former provider to the extent that debts of the former provider are paid by the transferee, unless the transferee has waived the right to sue the former provider for those debts. [PL 1991, c. 568, §2 (AMD).] F. The commissioner may waive all or part of a transferee's liability under this subsection if the commissioner finds that a waiver of liability is in the public interest. [PL 1991, c. 568, §3 (NEW).] [PL 2011, c. 687, §§7, 8 (AMD).]

5. Department may offset. The department may offset against current reimbursement owed to a provider or any entity related by ownership or control to that provider any debt it is owed by that provider after the debt becomes collectible. The department shall adopt rules that implement this subsection and define the ownership or control relationships that are subject to an offset under this subsection, except that the department may not define any ownership or control relationship as subject to an offset unless the relationship allows the person whose relationship is the subject of the offset to control at least the number of votes of the provider's governing body or management that is needed to govern the operations of the provider. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 442, §1 (AMD).]

6. Liens. Collection by lien is as follows. A. After a debt is collectible, the amount stated in the notice of debt or overpayment is a lien in favor of the department against all real or personal property of the provider or any entity related by ownership or control to the provider. [PL 1991, c. 568, §4 (NEW).] B. The lien attaches to all real and personal property of the responsible party when the department files in the registry of deeds of any county, or with any office appropriate for a notice with respect to personal property, a certificate that states the name of the responsible party, that party's address, the amount of debt accrued, the date of the underlying audit or decision and the name and address of the authorized agent of the department who issues the lien. [PL 1991, c. 568, §4 (NEW).] C. When a lien has been filed and the person having notice of the lien possesses any property that may be subject to the lien, that property may not be paid over, released, sold, transferred, encumbered or conveyed unless: (1) A release or waiver signed by the commissioner has been delivered to the person in possession of the property; or (2) A court has ordered the release of the lien. A court may order a release only when alternative security has been provided for the debt owed the department. [PL 1991, c. 568, §4 (NEW).] D. The commissioner may hold title to real or personal property for the purpose of foreclosure on filed liens. Foreclosure must proceed as follows. (1) Actions to foreclose liens on real property filed under this subsection may be brought in the county where the lien is filed pursuant to the procedures of Title 14, chapter 713, subchapter VI . For purposes of foreclosure by civil action as described in Title 14, chapter 713, subchapter VI , a lien filed in accordance with this subsection constitutes a mortgage claim of the department on any real property owned by the debtor. Failure to pay the debt owed the department constitutes a breach of condition in the mortgage. (2) Actions to foreclose liens on personal property filed under this subsection may be brought, pursuant to Title 14, chapter 509, subchapter III , in the county where the lien is filed. [PL 1991, c. 568, §4 (NEW).] [PL 1991, c. 568, §4 (NEW).]

7. Other collection actions. In addition to the other remedies provided in this section, the department may seek collection of any debt established under subsection 2 pursuant to Title 14, chapter 502 , Title 36, chapter 7 and Title 36, section 185‑A . A business entity, including a sole proprietorship, is considered out of business for the purposes of the department's recovering indebtedness if, after reasonable investigation, the department or its legal counsel has certified in writing that the business entity is no longer conducting operations and that there is no realistic expectation of collecting any significant money from the entity based upon one or more of the following conditions: A. The business entity has ceased offering retail or wholesale goods and services to the public; [PL 2003, c. 673, Pt. YYY, §1 (NEW).] B. Upon reasonable investigation, nonexempt assets of the business entity of substantial value can not be identified or are otherwise unavailable for attachment and recovery; [PL 2003, c. 673, Pt. YYY, §1 (NEW).] C. The business entity's physical location or locations of business are closed to the public; [PL 2003, c. 673, Pt. YYY, §1 (NEW).] D. The business entity's corporate status is no longer in good standing; [PL 2003, c. 673, Pt. YYY, §1 (NEW).] E. The business entity has admitted that it has insufficient assets to satisfy the debt; [RR 2007, c. 2, §8 (COR).] F. After reasonable investigation, the department or its counsel can not locate the business entity or identify the debtor's nonexempt assets; and [PL 2003, c. 673, Pt. YYY, §1 (NEW).] G. The business entity has transferred substantially all of its business assets to a 3rd party and there are no recoverable assets as a result of the transfer. [PL 2003, c. 673, Pt. YYY, §1 (NEW).] Certification by the department that a business entity is out of business under this subsection does not preclude further collection and recovery procedures by the department, whether to formally adjudicate the indebtedness or to proceed with collection and recovery if the department becomes aware of facts that merit further recovery efforts. [PL 2019, c. 659, Pt. D, §5 (AMD).]

8. Rulemaking. The department may adopt or amend any rule as necessary to implement this section. [PL 1991, c. 568, §4 (NEW).]

9. Cost-of-care overpayments. On or before June 30, 2015, the department shall collect the total amount of debt arising from cost-of-care overpayments that exceeds by $4,000,000 the amount of that debt that had been budgeted for fiscal year 2014-15 as of April 15, 2014. To the extent necessary to meet this requirement, the department may establish payment terms, modify as otherwise permitted by law existing payment agreements to accelerate payment terms and offset current payments in accordance with subsection 5 . If 7 days' notice and opportunity to comment are provided, the department may adopt rules on an emergency basis to modify its implementation of subsection 5 on an emergency basis for purposes of collecting cost-of-care overpayments without making the emergency findings otherwise required by Title 5, section 8054, subsection 2 . [PL 2013, c. 594, §2 (NEW).]

10. No imposition of liability on other persons. The department may not by any means, including without limitation any rule or any contract or agreement with a provider, impose liability for a debt under this section on any person other than the provider notified of the debt pursuant to subsection 2 or a person subject to collection by offset pursuant to rules adopted under subsection 5 . This subsection does not prohibit the department from seeking recovery of civil penalties from any person as provided in section 15 . [PL 2017, c. 442, §2 (NEW).]
22 M.R.S. § 2422-A — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2422-A
22 §2422-A. Administration and enforcement; rulemaking
Status: in_force

1. Administration and enforcement. The department shall administer and enforce this chapter and the rules adopted pursuant to this chapter. [PL 2023, c. 365, §1 (RPR).]

2. Rules. The department shall adopt rules as necessary to administer and enforce this chapter. Unless otherwise indicated, rules adopted pursuant to this chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. These rules may include, but are not limited to, minimum oversight requirements for dispensaries and registered caregivers and minimum security requirements for dispensaries and registered caregivers operating retail stores. A. Before adopting or provisionally adopting rules pursuant to this section, the department shall consult with qualifying patients, caregivers, registered caregivers, registered dispensaries, cannabis testing facilities, manufacturing facilities and medical providers. [PL 2023, c. 365, §1 (RPR).] B. Notwithstanding Title 5, section 8072, subsection 11, rules provisionally adopted by the department in accordance with this section and submitted for legislative review may not be finally adopted by the department unless legislation authorizing final adoption is enacted into law. [PL 2023, c. 365, §1 (NEW).] [PL 2023, c. 365, §1 (RPR).]
22 M.R.S. § 3028-A — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3028-A
22 §3028-A. Disposal of unidentified remains and abandoned human remains
Status: in_force

Whenever unidentified human remains are recovered, the Chief Medical Examiner may store the remains, release them to an educational institution, inter them in an appropriate resting place or have them cremated. Ashes of remains cremated may be disposed of in any appropriate manner. Human remains uncovered in a cared-for cemetery or known to be Indian remains are excluded from the operation of this section. [PL 2017, c. 335, §1 (AMD).]

The Chief Medical Examiner may assume responsibility for the disposal of identified human remains of a deceased resident of this State that are the subject of a medical examiner case if no one takes custody and control of the human remains for a period of 15 days after the Chief Medical Examiner has both completed an autopsy or necessary examination of the human remains and made reasonable inquiry under section 3028‑D, subsection 1. Such abandoned remains may be interred or cremated. The Chief Medical Examiner shall file or cause to be filed a certificate of abandonment in the municipality where the human remains were recovered that indicates the means of disposal. [PL 2025, c. 14, §1 (AMD).]

In the absence of a responsible party, payment of expenses incurred by the Chief Medical Examiner pursuant to this section must be made pursuant to section 3028‑D, subsection 2 as if the remains were unidentified. The Chief Medical Examiner may seek to recover costs from the estate or municipality of residence of the deceased. [PL 2017, c. 335, §1 (NEW).]
22 M.R.S. § 3174-PPP — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-PPP
22 §3174-PPP. Reimbursement for lactation services
Status: in_force

1. Definition. For the purposes of this section, "lactation services" means educational or consultation services related to breastfeeding. [PL 2025, c. 468, §1 (NEW).]

2. Reimbursement. The department shall provide reimbursement under the MaineCare program for lactation services provided in a hospital, clinic, office, community or in the home for a child eligible for coverage under the MaineCare program or the Children's Health Insurance Program established in section 3174‑T. Lactation services may be provided by a health care professional licensed under Title 32 acting within the health care professional's authorized scope of practice or by a consultant or counselor who is certified by a national organization that provides a national certification program in lactation consulting or lactation counseling and is approved by the department. [PL 2025, c. 468, §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 2025, c. 468, §1 (NEW).]
22 M.R.S. § 8824 — ME Code / Title 22 / Subtitle 6 / Chapter 1686 / Section 8824
22 §8824. Tracking system
Status: in_force

The department is authorized to implement a tracking system that provides the information necessary to effectively plan, establish and evaluate a comprehensive system of developmentally appropriate services for newborn infants and children up to 3 years of age who are deaf or hard-of-hearing and to ensure that all families are given information regarding the availability of hearing screening for their infants. The services must be designed to reduce the likelihood of associated disabling conditions for these children. The tracking system may be integrated with any national database or similar system developed by the Federal Government or with any regional database or with both. [PL 2007, c. 508, §2 (AMD).]

1. Mandatory reporting. Once the tracking system is operating, all hospitals licensed in the State and other providers of services that have established hearing screening or diagnostic procedures for newborn infants and children up to 3 years of age shall report to the department all data on hearing screening, evaluation and diagnoses of newborn infants and children up to 3 years of age. Reports that are required under this subsection must be submitted at least monthly. [PL 2007, c. 236, §2 (AMD).]

1-A. Referral to Child Development Services System. The department shall adopt rules according to which it shall in a timely fashion refer children identified in subsection 1 as having a high likelihood of having a hearing impairment to the Child Development Services System. The rules must also describe the timetables under which the department shall refer to the Child Development Services System children identified by the department in accordance with subsection 1 as having possible hearing impairment but for whom hearing impairment has been neither confirmed nor disconfirmed by 6 months of age. The Department of Education and the Department of Health and Human Services shall execute an interagency agreement to facilitate the referrals in this subsection. In accordance with the interagency agreement, the Department of Education shall offer a single point of contact for the Department of Health and Human Services to use in making referrals. Also in accordance with the interagency agreement, the Child Development Services System may make direct contact with the families who are referred. The referrals may take place electronically. For purposes of quality assurance and improvement, the Child Development Services System shall supply to the Department of Health and Human Services aggregate data at least annually on the number of children referred under this subsection who are found eligible for early intervention services and on the number of children found not eligible for early intervention services. [PL 2007, c. 695, Pt. A, §28 (AMD).]

2. Use of information. Information collected in the tracking system is confidential health care information subject to section 1711-C . Parents must be provided information on the availability of resources and services for children with hearing loss, including those provided in accordance with the federal Individuals with Disabilities Education Act and departmental policy. [PL 1999, c. 647, §2 (NEW).]

3. Immunity. Persons reporting information in good faith in compliance with this chapter are immune from civil liability. [PL 1999, c. 647, §2 (NEW).]
22 M.R.S. § 8304-A — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8304-A
22 §8304-A. Fire safety
Status: in_force

1. Inspection required. As an ongoing condition of licensure, the Commissioner of Public Safety must provide at least biennially to the department a written statement that the child care facility or family child care provider complies with applicable fire safety rules adopted pursuant to Title 25, section 2452 . The Commissioner of Public Safety shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this subsection. The rules must provide for at least the following. A. The Commissioner of Public Safety shall issue a fire safety technician certificate to any person who successfully completes a training course established by the Department of Public Safety. A person who receives a fire safety technician certificate pursuant to this paragraph may perform fire safety inspections under this section. [PL 1997, c. 728, §13 (AMD).] B. In addition to ongoing license requirements, inspection is required under this section whenever a child care facility or family child care provider changes or augments a heating system or makes major structural alterations to the facility or home. [PL 2021, c. 35, §27 (AMD).] [PL 2021, c. 35, §27 (AMD).]

2. Fees. The department shall establish and pay reasonable fees to the Department of Public Safety for services rendered under this section. Fees collected by the Department of Public Safety under this section must be deposited into a special revenue account to carry out the purposes of this section. A balance remaining in the account at the end of the fiscal year may not lapse but must be carried forward into subsequent fiscal years. [PL 1997, c. 728, §13 (AMD).]

3. Inspectors. The Commissioner of Public Safety may appoint subject to the Civil Service Law employees needed to carry out the purposes of this section. A person appointed pursuant to this subsection is under the administrative and supervisory direction of the Commissioner of Public Safety. [PL 1997, c. 728, §13 (AMD).]
22 M.R.S. § 4243 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4243
22 §4243. Appropriate public authorities
Status: in_force

The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this State, mean the Department of Health and Human Services and said department shall receive and act with reference to notices required by said Article III . [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 8711 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8711
22 §8711. Other health care information
Status: in_force

1. Development of health care information systems. In addition to its authority to obtain information to carry out the specific provisions of this chapter, the organization may require providers and payors to furnish information with respect to the nature and quantity of services or coverage provided to the extent necessary to develop proposals for the modification, refinement or expansion of the systems of information disclosure established under this chapter. The organization's authority under this subsection includes the design and implementation of pilot information reporting systems affecting selected categories or representative samples of providers and payors. [PL 2007, c. 136, §7 (AMD).]

2. Information on mandated services. [PL 2005, c. 253, §7 (RP).]
22 M.R.S. § 1863 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1863
22 §1863. Recovery of state funds
Status: in_force

Upon notification that a health care institution has paid an amount for a disallowed expenditure, the department shall make a determination as to the amount of the disallowed expenditure. The department shall withhold an amount equal to a proportional share of the amount of the disallowed expenditure, according to a schedule determined by the department, from future payments of medical assistance reimbursements to be received by the health care institution. If that agency or court determination of a violation is under appeal, the withholding shall be stayed pending a final adverse decision against the institution. [PL 1983, c. 473 (NEW).]
22-A M.R.S. § 201 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 201
22-A §201. Department established
Status: in_force

1. Establishment. The Department of Health and Human Services is established as a cabinet-level department. [PL 2003, c. 689, Pt. A, §1 (NEW).]

2. Units. [PL 2007, c. 539, Pt. N, §41 (RP).]

2-A. Division of departmental responsibilities. The responsibilities of the department are divided as follows: A. Financial responsibilities, including but not limited to budget forecasting; audit; Medicaid finance, program and fiscal coordination; purchased services; and ratesetting; [PL 2007, c. 539, Pt. N, §42 (NEW).] B. Healthcare management and quality responsibilities, including but not limited to licensing and regulatory services, quality improvement, facilities management, Medicaid services oversight, public assistance eligibility and public health and disease control and prevention; and [PL 2007, c. 539, Pt. N, §42 (NEW).] C. Integrated services responsibilities, including but not limited to: (1) Adult and elder services, including but not limited to aging, substance use disorder, mental health and disability services; (2) Child and family services responsibilities, including but not limited to child welfare, children's behavioral health and early childhood services; and (3) Regional operations. [PL 2017, c. 407, Pt. A, §89 (AMD).] [PL 2017, c. 407, Pt. A, §89 (AMD).]
22 M.R.S. § 2841 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2841
22 §2841. Registration of fetal deaths
Status: in_force

Except as authorized by the department or as required under section 1596 , a certificate of each death of a fetus of 20 or more weeks of gestation that occurs in this State must be filed with the State Registrar of Vital Statistics or the clerk of the municipality where the delivery occurred within 14 days after delivery and prior to removal of the fetus from the State. [PL 2013, c. 14, §1 (AMD).]

1. Certificate filed by funeral director. The funeral director or other authorized person in charge of the disposition of the dead fetus or its removal from the State is responsible for filing the certificate. In the absence of such a person, the physician or other person in attendance at or after the delivery is responsible for filing the certificate. The funeral director or authorized person or physician or other person in attendance at or after delivery shall obtain the personal data from the best qualified person or source available and shall present the certificate to the person responsible for completing the medical certification of the cause of death. [PL 2009, c. 601, §24 (AMD).]

2. Medical certificate by physician. The medical certification shall be completed and signed within 5 days after delivery by the physician in attendance at or after the delivery, except when an inquiry as to the cause of fetal death is required by law. [PL 1989, c. 274, §3 (AMD).]

3. Medical certificate by medical examiner. When the fetal death occurs without medical attendance upon the mother at or after delivery, or when inquiry as to the cause of fetal death is required by law, the medical examiner shall complete and sign the medical certification within 5 days after delivery. A certification need not be completed before the remains are ready for release. [PL 1989, c. 274, §3 (AMD).]

4. Certificate from hospital or institution. When the fetal death occurs in a hospital or an institution, the person in charge of the hospital or institution or the person authorized to obtain the medical data shall prepare the certificate, certify by signature or by electronic process that the fetal death occurred at the place and time and on the date stated and file the certificate as directed in this section. The physician or other person in attendance shall provide the medical information required on the certificate in a timely fashion, as specified by department rule. [PL 2013, c. 14, §2 (NEW).]
22 M.R.S. § 2650-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2650-A
22 §2650-A. Drinking water standards, monitoring and treatment for perfluoroalkyl and polyfluoroalkyl substances
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Community water system" has the same meaning as in section 2660‑B, subsection 2. [PL 2025, c. 425, §1 (NEW).] B. "Nontransient, noncommunity water system" has the same meaning as described in section 2660‑B, subsection 5, paragraph A. [PL 2025, c. 425, §1 (NEW).] C. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 2660‑AA, subsection 3, including a regulated PFAS contaminant under subsection 2, that is detectable in drinking water using standard analytical methods established by the United States Environmental Protection Agency. [PL 2025, c. 425, §1 (NEW).] [PL 2025, c. 425, §1 (NEW).]

2. Maximum contaminant levels for regulated PFAS contaminants. The maximum contaminant levels for regulated PFAS contaminants allowed for a community water system or nontransient, noncommunity water system must be at or below the maximum contaminant levels contained in 40 Code of Federal Regulations, Section 141.61(c)(2), as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule, the commissioner may decrease the maximum level of a contaminant included in this subsection or add a regulated PFAS contaminant other than those specified in this subsection as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development. [PL 2025, c. 425, §1 (NEW).]

3. PFAS monitoring. PFAS monitoring of all community water systems and nontransient, noncommunity water systems must be conducted in accordance with 40 Code of Federal Regulations, Section 141.902, as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule, the commissioner may adopt more stringent monitoring requirements as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development. [PL 2025, c. 425, §1 (NEW).]

4. Submission of drinking water samples; reporting. Submission of PFAS drinking water sample results from all community water systems and nontransient, noncommunity water systems must be conducted in accordance with 40 Code of Federal Regulations, Section 141.901 and 40 Code of Federal Regulations, Section 141.904, as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule, the commissioner may adopt more stringent analysis and reporting requirements as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development. [PL 2025, c. 425, §1 (NEW).]

5. Treatment; notice. Treatment, or implementation of another remedy to reduce PFAS levels, and public notice, in the event of an exceedance of the maximum contaminant level in the drinking water of a community water system or nontransient, noncommunity water system, must take place in accordance with the provisions contained in 40 Code of Federal Regulations, Section 141.905, as promulgated on April 26, 2024, and 40 Code of Federal Regulations, Section 141.201-211 and not as superseded by subsequent versions of that federal rule. Public notice of an exceedance must include information identifying each type of PFAS detected in the drinking water, the levels of each type of PFAS detected and the total level of PFAS detected. [PL 2025, c. 425, §1 (NEW).]

6. Enforcement; appeal. The department may enforce this section pursuant to section 2605, subsection 5. A person may appeal an act or decision of the department under this section pursuant to section 2620-A. [PL 2025, c. 425, §1 (NEW).]

7. Notification of suspected tampering. A community water system or nontransient, noncommunity water system shall notify the department and law enforcement officials immediately of any act of potential or suspected tampering of the community water system or nontransient, noncommunity water system. [PL 2025, c. 425, §1 (NEW).]

8. Rules. The department may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A to carry out the purposes of this section. [PL 2025, c. 425, §1 (NEW).]
22 M.R.S. § 5307 — ME Code / Title 22 / Subtitle 4 / Chapter 1471 / Section 5307
22 §5307. Background check for high-risk provider applicants under the MaineCare program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Final adverse action" has the same meaning as in 42 Code of Federal Regulations, Section 424.502 (2008) in effect on November 19, 2008. [PL 2023, c. 432, §1 (NEW).] B. "High-risk provider" means a provider the department has determined is high risk in accordance with subsection 2‑A . [PL 2023, c. 432, §1 (NEW).] C. "Person with ownership interest" means a person who has at least a 5% direct or indirect ownership interest in a high-risk provider or a provider in a high-risk provider category. [PL 2023, c. 432, §1 (NEW).] D. "Provider" has the same meaning as "provider" or "supplier" in 42 Code of Federal Regulations, Section 400.202 (1983) in effect on January 1, 2022. [PL 2023, c. 432, §1 (NEW).] E. "Provider in a high-risk provider category" has the same meaning as "high categorical risk: Provider and supplier categories" in 42 Code of Federal Regulations, Section 424.518(c)(1) (2020) in effect on December 28, 2020. [PL 2023, c. 432, §1 (NEW).] F. "State Police" means the Department of Public Safety, Bureau of State Police. [PL 2023, c. 432, §1 (NEW).] [PL 2023, c. 432, §1 (RPR).]

2. Background check. The department shall request a background check for a MaineCare provider applicant who is a high-risk provider, a provider in a high-risk provider category or a person with ownership interest. The applicant subject to the background check is responsible for the fees associated with the background check. The background check must include criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation. 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 2021, c. 400, §1 (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 2021, c. 400, §1 (NEW).] C. A provider applicant shall submit to having fingerprints taken. The State Police, upon payment by the provider applicant, shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that 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 2021, c. 400, §1 (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 2021, c. 400, §1 (NEW).] E. State and national criminal history record information of a provider applicant must be used by the department for the purpose of screening that provider applicant. [PL 2021, c. 400, §1 (NEW).] F. Information obtained pursuant to this subsection is confidential. The results of background checks received by the department are for official use only and may not be disseminated to any other person or entity. [PL 2021, c. 400, §1 (NEW).] G. An individual whose enrollment as a MaineCare provider has expired and who has not applied for renewal may request in writing that the State Bureau of Identification remove the individual's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the individual's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2021, c. 400, §1 (NEW).] [PL 2023, c. 432, §2 (AMD).]

2-A. High-risk provider adjustments by the department. The department shall adjust the categorical risk for a provider to high if any of the following conditions exist: A. Within the previous 10-year period: (1) The MaineCare program has imposed a payment suspension on the provider based on credible allegations of fraud, waste or abuse; (2) The United States Department of Health and Human Services, Office of Inspector General or another state's Medicaid program has excluded the provider from Medicaid; (3) A Medicare contractor revoked the provider's billing privileges and the provider is attempting to: (a) Enroll as a new provider; or (b) Establish billing privileges for a new service location; or (4) The provider was subject to a final adverse action; [PL 2023, c. 432, §3 (NEW).] B. Within the previous 6-month period, the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services lifted a temporary moratorium for a particular provider type that prevented the provider from enrolling as a MaineCare provider and that provider is now a MaineCare provider applicant; [PL 2023, c. 432, §3 (NEW).] C. The United States Department of Health and Human Services, Office of Inspector General excluded the provider from Medicare; or [PL 2023, c. 432, §3 (NEW).] D. The provider: (1) Owes $1,000 or more to the department as a result of a Medicaid overpayment that is not currently under appeal or in a payment plan; (2) Has been terminated or is otherwise precluded from billing Medicaid; or (3) Has been excluded from any federal health care program. [PL 2023, c. 432, §3 (NEW).] [PL 2023, c. 432, §3 (NEW).]

3. Rules. The department, following consultation with the State Bureau of Identification, shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 400, §1 (NEW).]
22 M.R.S. § 831 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 831
22 §831. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 368, §1 (NEW).]

1. Bona fide occupational exposure. "Bona fide occupational exposure" means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids of another person that results from the performance of duties by the exposed person in the course of employment. [PL 1997, c. 368, §1 (NEW).]

2. Blood-borne pathogen test. "Blood-borne pathogen test" means a test that indicates the presence of a specific blood-borne transmissible infectious agent. [PL 1997, c. 368, §1 (NEW).]

3. Employer; employer of the person exposed. "Employer" or "employer of the person exposed" includes a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. [PL 1997, c. 368, §1 (NEW).]

4. Informed consent. "Informed consent" means consent that is: A. Based on an actual understanding by the person to be tested: (1) That the test is being performed; (2) Of the nature of the test; (3) Of the persons to whom the results of that test may be disclosed; (4) Of the purpose for which the test results may be used; and (5) Of any reasonably foreseeable risks and benefits resulting from the test; and [PL 1997, c. 368, §1 (NEW).] B. Wholly voluntary and free from express or implied coercion. [PL 1997, c. 368, §1 (NEW).] [PL 1997, c. 368, §1 (NEW).]

5. Person. "Person" means any natural person, firm, corporation, partnership or other organization, association or group. [PL 1997, c. 368, §1 (NEW).]
22 M.R.S. § 4005-F — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4005-F
22 §4005-F. Determinations of parentage
Status: in_force

As part of a child protection proceeding, the District Court may determine parentage of the child. Title 19‑A, chapter 61 applies to determinations of parentage in a child protection proceeding. [PL 2015, c. 296, Pt. C, §27 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]

This section may not be construed to limit the right of a person to file an action pursuant to Title 19‑A, chapter 53, subchapter 1 to enforce a father’s obligations pursuant to that subchapter. [PL 2007, c. 257, §1 (NEW).]
22 M.R.S. § 8606 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8606
22 §8606. Prohibited employment based on disqualifying offenses
Status: in_force

1. Prohibited employment based on disqualifying offenses. An adult day care program shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2 , in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including, but not limited to, a certified nursing assistant or a direct care worker. A. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).] B. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).] C. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).] 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 2015, c. 196, §15 (AMD); PL 2015, c. 299, §23 (RPR).]
22 M.R.S. § 2158-A — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2158-A
22 §2158-A. Food, food additives and food products containing hemp not adulterated
Status: in_force

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hemp. The nonpharmaceutical or nonmedical production, manufacturing, marketing, sale or distribution of food, food additives or food products within the State that contain hemp may not be prohibited within the State based solely on the inclusion of hemp. A food establishment or eating establishment, as defined in section 2491, subsection 7 , may not make a claim that food, food additives or food products that contain hemp can diagnose, treat, cure or prevent any disease, condition or injury without approval pursuant to federal law. For the purposes of this section, "hemp" has the same meaning as in Title 7, section 2231, subsection 1‑A, paragraph D and "manufacturing" means producing, preparing, processing, propagating, blending, infusing, compounding, concentrating or converting hemp or food, food additives or food products containing hemp either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis. [PL 2019, c. 528, §11 (AMD).]
22 M.R.S. § 7702-A — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7702-A
22 §7702-A. Violations; penalties
Status: in_force

1. Criminal penalties. Except as otherwise provided by law, a person who violates any provision of this subtitle commits a Class E crime. [PL 1999, c. 363, §3 (NEW).]

2. Civil penalties. The following penalties apply to the following violations. A. A person who violates section 7703 or 8603 or rules adopted pursuant to those sections commits a civil violation for which a fine of not more than $500 may be adjudged. [PL 2003, c. 452, Pt. K, §27 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates rules governing child-to-staff ratios adopted under section 8302‑A, subsection 1, paragraph A or subsection 2, paragraph G commits a civil violation for which a fine of not more than $500 per incident or $500 per number of children above the limitation set by rule, or both, may be adjudged. [PL 2003, c. 452, Pt. K, §27 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who violates the following sections or rules adopted pursuant to those sections commits a civil violation for which a fine of not more than $500 per incident may be adjudged: (1) Section 7801, subsection 1, paragraph A ; (2) Section 8301‑A ; or (3) Section 8302‑A, subsection 1, paragraphs B to J and subsection 2, paragraphs A to F and H to K . [PL 2021, c. 35, §3 (NEW).] A civil violation under this subsection must be enforced pursuant to Title 17‑A, section 4‑B . [PL 2021, c. 35, §3 (AMD).]

3. Licensure provisions. [PL 2021, c. 35, §4 (RP).]

4. Dedicated funds. Fines and forfeitures adjudged under this section are payable to the Purchased Social Services Other Special Revenue account. [PL 1999, c. 363, §3 (NEW).]
22 M.R.S. § 2609 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2609
22 §2609. Recovery of testing costs
Status: in_force

Whenever the cost of testing a private residential water supply exceeds $150 and that testing is conducted pursuant to section 2602‑A , the department shall seek to recover the costs of the testing above $150 from the person responsible for contaminating the water supply, or from the recipient of any compensation for the contamination of the well. [PL 1983, c. 837, §2 (NEW).]
22 M.R.S. § 2162 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2162
22 §2162. Packing of food; permit; inspection
Status: in_force

The Commissioner of Agriculture, Conservation and Forestry shall, upon application for permit and receipt of such fee as the commissioner considers necessary from any food packer or processor, inspect all operations of the packer or processor for compliance with this subchapter and shall cause the same law to be diligently enforced. Each such permit covers one group of buildings constituting a packing plant in one location. [RR 2021, c. 2, Pt. B, §125 (COR).]

Only the holder of such a permit may mark or label any food so inspected as packed or processed or inspected and passed under this subchapter.

The commissioner may, in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory proceedings, refuse to renew, and the District Court, in a manner consistent with the Maine Administrative Procedure Act, may revoke a permit whenever there is a lack of compliance with this subchapter. The commissioner shall establish such rules as the commissioner considers necessary. The commissioner shall make such charges as are reasonable and, as nearly as possible, cover the cost of the service rendered. All charges and all money thus collected for services rendered by the commissioner must be paid by the commissioner to the Treasurer of State. The charges and money are appropriated for the purposes of this section. [RR 2021, c. 2, Pt. B, §125 (COR).]

The commissioner may employ such agents and assistants, subject to the Civil Service Law, and make such purchases as may be necessary in the performance of the commissioner's duties. [RR 2021, c. 2, Pt. B, §125 (COR).]
22 M.R.S. § 1554-A — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1554-A
22 §1554-A. Sale of unpackaged cigarettes
Status: in_force

1. Prohibition. A person may not: A. Sell cigarettes except in the original sealed package in which they were placed by the manufacturer, which may not be smaller than 20 cigarettes per package; or [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Sell cigarettes in smaller quantities than placed in the package by the manufacturer. [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §5 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty; employee. A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314 . [PL 2003, c. 452, Pt. K, §5 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalty; employer. The employer of a person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended. [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 2883 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2883
22 §2883. Deaths in almshouses, prisons and institutions
Status: in_force

All public officers, agents and servants of any and every county and municipality, and of any and every almshouse, prison, morgue, hospital or any other public institution having charge or control over dead human bodies required to be buried at the public expense are required to notify immediately the board of distribution, or the person or persons as may from time to time be designated by the board, or its duly authorized officer or agent, whenever any body or bodies come into their possession, charge or control, and shall, without fee or reward, deliver the body or bodies to the board or its duly authorized officer or agent, and permit and suffer the board or its agents, or the physicians and surgeons from time to time designated by it or them, who comply with this chapter, to take and remove any and all bodies to be used within the State for the advancement of medical education. No notice need be given and no body must be delivered if any person, satisfying the authorities in charge of the body that the person is a member of the family or next of kin to the deceased, shall claim the body for burial, but it must be surrendered to the person for interment, and no notice may be given and no body delivered to the board or its agents if the deceased person was a traveler and not a vagabond, who died suddenly, in which case the body must be buried. No notice may be given and no body delivered to the board or its agents by the Department of Corrections if, at its option, the department assumes responsibility for the expenses of burial. The option may be exercised by the Department of Corrections regardless of whether the body is claimed by a member of the family or next of kin, but in such a case it may only be exercised with the agreement of the person making the claim. The superintendents and medical staffs of the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center, having charge or control over dead human bodies required to be buried at public expense, when no person satisfies the superintendent of either hospital for the mentally ill, and the department that the person is a member of the family of, or has some family connection or is next of kin to the deceased, and wishes to claim the body for burial, may for the advancement of science hold an autopsy and examine the body of the deceased person, notwithstanding any provisions of this chapter. [PL 1995, c. 395, Pt. G, §7 (AMD); PL 2005, c. 236, §§3,4 (REV).]

Notwithstanding the availability of lump sum death benefits under the United States Social Security Act, the term "buried at public expense" as written in this section shall be deemed to include the unclaimed dead bodies of all indigent persons otherwise within the intendment of this section. [PL 1989, c. 56 (AMD).]

As used in this section, "burial" includes cremation or natural organic reduction as defined in section 2841‑A, subsection 1 and burial of the remains of the body. [PL 2023, c. 676, §16 (AMD).]
22 M.R.S. § 2041 — ME Code / Title 22 / Subtitle 2 / Chapter 412 / Section 2041
22 §2041. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 658, §1 (NEW).]

1. Agreement. "Agreement" means a written document executed between an ESRD facility and another facility in which the other facility agrees to assume responsibility for furnishing specified services to patients and for obtaining reimbursement for those services. [PL 1997, c. 658, §1 (NEW).]

2. Arrangement. "Arrangement" means a written document executed between an ESRD facility and another facility in which the other facility agrees to furnish specified services to patients but the ESRD facility retains responsibility for those services and for obtaining reimbursement for them. [PL 1997, c. 658, §1 (NEW).]

3. Dialysis. "Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane. The 2 types of dialysis that are in common use are hemodialysis and peritoneal dialysis. [PL 1997, c. 658, §1 (NEW).]

4. End-stage renal disease or ESRD. "End-stage renal disease" or "ESRD" means that stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. [PL 1997, c. 658, §1 (NEW).]

5. ESRD facility. "ESRD facility" means a renal dialysis center, a renal dialysis facility, a self-dialysis unit or a special-purpose renal dialysis facility. [PL 2011, c. 257, §10 (AMD).]

6. Renal transplantation center. [PL 2011, c. 257, §11 (RP).]

7. Renal dialysis center. "Renal dialysis center" means a hospital unit that is approved to furnish the full spectrum of diagnostic, therapeutic and rehabilitative services required for the care of ESRD dialysis patients, including inpatient dialysis furnished directly or under arrangement. A hospital need not provide renal transplantation to qualify as a renal dialysis center. [PL 1997, c. 658, §1 (NEW).]

8. Renal dialysis facility. "Renal dialysis facility" means a unit that is approved to furnish dialysis services directly to ESRD patients. "Renal dialysis facility" includes a self-dialysis unit or a special-purpose renal dialysis facility. [PL 1997, c. 658, §1 (NEW).]

9. Self-dialysis unit. "Self-dialysis unit" means a unit that is part of an approved renal dialysis center or renal dialysis facility and furnishes self-dialysis services. [PL 2011, c. 257, §12 (AMD).]

10. Special-purpose renal dialysis facility. "Special-purpose renal dialysis facility" means a renal dialysis facility that is approved to furnish dialysis at special locations on a short-term basis to a group of dialysis patients otherwise unable to obtain treatment in the geographical area. The special locations must be either special rehabilitative locations, including vacation locations, serving ESRD patients temporarily residing at those locations or locations in need of ESRD facilities under emergency circumstances. [PL 1997, c. 658, §1 (NEW).]
22 M.R.S. § 1695 — ME Code / Title 22 / Subtitle 2 / Chapter 271 / Section 1695
22 §1695. Acceptance of funds
Status: in_force

The department is authorized to accept any public or private funds which may be available for carrying out the purposes of this chapter. [PL 1981, c. 508, §1 (NEW).]
22 M.R.S. § 7943 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7943
22 §7943. Violations
Status: in_force

1. License required. It is a violation of this chapter for a person to manage or operate a long-term care facility as defined in this chapter without first obtaining a license to manage or operate a long-term care facility. [PL 1993, c. 661, §22 (AMD).]

2. Interference or false information. It shall be a violation of this chapter for any person to impede or interfere with the enforcement of laws or rules governing the licensing of long-term care facilities, or for any person to give any false information in connection with the enforcement of laws or rules. [PL 1987, c. 774, §4 (NEW).]

3. Correction of deficiencies. It shall be a violation of this chapter to: A. Fail to submit a plan of correction within 10 working days after receipt of a statement of deficiencies; and [PL 1987, c. 774, §4 (NEW).] B. Fail to take timely corrective action in accordance with a plan of correction or a directed plan of correction. Each failure to correct any deficiency may be considered a separate violation of this section. [PL 1987, c. 774, §4 (NEW).] [PL 1987, c. 774, §4 (NEW).]

4. Protection of residents. Notwithstanding subsection 3 , the following conduct is deemed to be a violation of this chapter without regard to whether a plan of correction or directed plan of correction is followed by a facility: A. Failure to comply with state licensing laws or rules when this failure poses an immediate threat of death or substantial probability of serious mental or physical harm to a resident. Each failure to comply with any law or rule may be considered a separate violation of this section; and [PL 1987, c. 774, §4 (NEW).] B. The occurrence of a repeated deficiency that poses a substantial risk to residents' health or safety or infringes upon residents' rights. For purposes of this section, a repeated deficiency is one that is found to exist in a long-term care facility during a current survey or investigation that has also been cited in a statement of deficiencies of that facility within the past 2 years. Each repeated deficiency may be considered a separate violation of this section. [PL 1987, c. 774, §4 (NEW).] [PL 1987, c. 774, §4 (NEW).]

5. Compliance with federal requirements. It shall be a violation of this chapter for any long-term care facility subject to the provisions of United States Code, Title 42, Section 1919 to fail to comply with the requirements of Section 1919, Subsections (b), (c) or (d). Each failure to comply with a requirement of United States Code, Title 42, Section 1919, Subsections (b), (c) or (d) may be considered a separate violation of this section. [PL 1987, c. 774, §4 (NEW).]
22 M.R.S. § 2660-F — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-F
22 §2660-F. Public Drinking Water Fund
Status: in_force

The Public Drinking Water Fund is established as an interest-bearing dedicated revenue account. All interest earned by the account becomes part of the fund. All fees collected by the commissioner under this subchapter must be deposited into the fund. Any balance remaining in the fund at the end of the fiscal year does not lapse but is carried forward into subsequent fiscal years. The commissioner may use the fund only to support the program, including the cost of salaries, benefits, travel, education, technical assistance, capital equipment and other allowable expenses incurred by the program. [PL 1993, c. 678, §6 (AMD).]
22 M.R.S. § 1323 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1323
22 §1323. Rules
Status: in_force

The department shall adopt rules to carry out the purposes of this chapter and to ensure that state law relating to lead poisoning satisfies minimum requirements of federal law in all respects. The rules may address, but are not limited to, the following: [PL 1995, c. 453, §15 (AMD).]

1. Lead-based substances. Prohibiting the sale or use of lead-based substances; [PL 1991, c. 810, §31 (NEW).]

2. Screening. Screening children for lead poisoning; [PL 1991, c. 810, §31 (NEW).]

3. Inspections; tests; abatement. [PL 1997, c. 375, §10 (RP).]

3-A. Department inspections. Performing inspections of residential child-care facilities, preschool facilities and other dwellings for the purpose of determining the existence of environmental lead hazards; [PL 1997, c. 375, §11 (NEW).]

4. Training programs. [PL 1997, c. 375, §12 (RP).]

5. Licenses. [PL 1997, c. 375, §12 (RP).]

6. Laboratory certification. Certifying laboratories to conduct analysis of lead-based substances; [PL 1991, c. 810, §31 (NEW).]

7. Notice. Notifying owners and occupants of environmental lead hazards and posting lead hazard warnings; [PL 1991, c. 810, §31 (NEW).]

8. Records. Keeping records of lead poisoning investigations; [PL 1991, c. 810, §31 (NEW).]

9. Fees. Establishing fees for services performed under this chapter; [PL 2001, c. 683, §5 (AMD); PL 2001, c. 683, §10 (AFF).]

10. Advisory boards. Establishing boards or commissions to advise the department regarding lead poisoning; and [PL 2001, c. 683, §5 (AMD); PL 2001, c. 683, §10 (AFF).]

11. Risk assessment and testing. Developing the lead poisoning risk assessment tool and the requirements for its administration and testing for blood lead levels, pursuant to section 1317‑D . [PL 2001, c. 683, §6 (NEW); PL 2001, c. 683, §10 (AFF).]
22 M.R.S. § 8732 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8732
22 §8732. Drug price notifications and disclosures
Status: in_force

1. Notifications by manufacturers. [PL 2021, c. 305, §4 (AMD); MRSA T. 22 §8732, sub-§1 (RP).]

1-A. Public notice of substantial drug price change or introduction. No later than January 30, 2022 and annually thereafter, the organization shall produce and post on its publicly accessible website a list of prescription drugs for which the manufacturer has during the prior calendar year: A. Increased the wholesale acquisition cost of a brand-name drug by more than 20% per pricing unit; [PL 2021, c. 305, §5 (NEW).] B. Increased the wholesale acquisition cost of a generic drug that costs at least $10 per pricing unit by more than 20% per pricing unit; or [PL 2021, c. 305, §5 (NEW).] C. Introduced a new drug for distribution in this State when the wholesale acquisition cost is greater than the amount that would cause the drug to be considered a specialty drug under the Medicare Part D program. For the purposes of this paragraph, "Medicare Part D" has the same meaning as in section 254‑D, subsection 1, paragraph F . [PL 2021, c. 305, §5 (NEW).] [PL 2021, c. 305, §5 (NEW).]

2. Disclosures by manufacturers, wholesale drug distributors and pharmacy benefits managers. The following disclosures apply to manufacturers, wholesale drug distributors and pharmacy benefits managers. A. On or before February 15th of each year, the organization shall produce and post on its publicly accessible website a list of drug product families for which it intends to request pricing component data from manufacturers, wholesale drug distributors and pharmacy benefits managers. The organization shall base its inclusion of drug product families on any information the organization determines is relevant to providing greater consumer awareness of the factors contributing to the cost of prescription drugs in the State, and the organization shall consider drug product families that include prescription drugs: (1) Included in the public notice of substantial drug price change or introduction under subsection 1‑A ; and (2) For which the organization is required to produce an annual report pursuant to section 8712, subsection 5 , including, but not limited to, the 25 costliest drugs, the 25 most frequently prescribed drugs in the State and the 25 drugs with the highest year-over-year cost increases. [PL 2021, c. 305, §6 (NEW).] B. Not sooner than 30 days after publicly posting the list of drug product families pursuant to paragraph A , the organization shall notify, via e-mail, manufacturers, wholesale drug distributors and pharmacy benefits managers pursuant to paragraph C . [PL 2021, c. 305, §6 (NEW).] C. Within 60 days from the date of a request from the organization relating to a specific prescription drug, a manufacturer, wholesale drug distributor or pharmacy benefits manager shall notify the organization of pricing component data per pricing unit of the prescription drug. [PL 2021, c. 305, §6 (NEW).] [PL 2021, c. 305, §6 (RPR).]

3. Notification by manufacturers of wholesale acquisition cost for insulin. No later than February 15th of each year, a manufacturer of insulin shall notify the organization of the wholesale acquisition cost per pricing unit for the insulin produced by the manufacturer in each category of insulin. [PL 2023, c. 610, §3 (NEW).]
22 M.R.S. § 3023 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3023
22 §3023. Medical examiners; appointment; jurisdiction
Status: in_force

The Chief Medical Examiner shall appoint medical examiners, who have statewide jurisdiction and serve at the pleasure of the Chief Medical Examiner, subject to the Chief Medical Examiner's control and the rules adopted by the Chief Medical Examiner. Medical examiners are appointed for a term of no more than 5 years, and such terms may be renewed indefinitely. The medical examiners must be learned in the science of medicine and anatomy, licensed as physicians in this State and residents of this State. Each medical examiner before entering upon the duties of the office and before each period of renewal must be duly sworn to the faithful performance of the medical examiner's duty. [PL 2015, c. 285, §1 (AMD).]

The Chief Medical Examiner may make temporary appointments when the Chief Medical Examiner determines it is in the public interest. Temporary medical examiners shall serve on a case-by-case basis and must be licensed as physicians by the State but do not need to be residents of the State or take an oath of office. [PL 2001, c. 222, §2 (AMD).]

The Chief Medical Examiner may retain official consultants to serve the various needs of the office. These consultants must possess a high degree of integrity and be learned in their fields. They need not reside within the State or take an oath of office. They serve at the pleasure of the Chief Medical Examiner. [PL 2001, c. 222, §2 (AMD).]
22 M.R.S. § 1718-B — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1718-B
22 §1718-B. Consumer information regarding health care entity prices
Status: in_force

This section applies to the disclosure of health care prices by a health care entity. [PL 2013, c. 515, §2 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Frequently provided health care services and procedures" means those health care services and procedures that were provided by the health care entity at least 50 times in the preceding calendar year. [PL 2013, c. 515, §2 (NEW).] A-1. "Facility fee" means a fee charged or billed by a health care entity for outpatient services provided in a hospital-based facility that is: (1) Intended to compensate the hospital or health system for the operational expenses of the hospital or health system; and (2) Separate and distinct from a professional fee. [PL 2023, c. 672, §1 (NEW).] B. "Health care entity" means a health care practitioner, as defined in section 1711‑C, subsection 1, paragraph F ; a group of health care practitioners; or a health care facility, as defined in section 1711‑C, subsection 1, paragraph D , that charges patients for health care services and procedures. A health care entity does not include a pharmacy or a pharmacist. [PL 2013, c. 515, §2 (NEW).] C. "Hospital-based facility" means a facility that is owned or operated, in whole or in part, by a hospital or health system where hospital services or professional medical services are provided. [PL 2023, c. 672, §2 (NEW).] D. "Professional fee" means a fee charged or billed by a health care entity for professional medical services provided in a hospital-based facility. [PL 2023, c. 672, §3 (NEW).] [PL 2023, c. 672, §§1-3 (AMD).]

2. Requirements. The following requirements apply to health care entities. A. A health care entity shall have available to patients the prices of the health care entity's most frequently provided health care services and procedures. The prices stated must be the prices that the health care entity charges patients directly when there is no insurance coverage for the services or procedures or when reimbursement by an insurance company is denied. The prices stated must be accompanied by descriptions of the services and procedures and the applicable standard medical codes or current procedural technology codes used by the American Medical Association. [PL 2013, c. 515, §2 (NEW).] B. A health care entity shall inform patients about the availability of prices for the most frequently provided health care services and procedures and the right of a patient to request information about the price of medical services pursuant to section 1718‑C, subsection 1 or 2 by posting a notice on prominent display to patients. [PL 2023, c. 584, Pt. A, §1 (AMD).] B-1. A health care entity shall include notice of a patient's right to request information about the price of medical services pursuant to section 1718‑C, subsection 1 or 2 in any written document provided to a patient prior to rendering health care treatment for the purpose of obtaining informed consent to that treatment. [PL 2023, c. 584, Pt. A, §2 (NEW).] C. A health care entity shall prominently display in a location that is readily accessible to patients information on the price transparency tools available from the publicly accessible website of the Maine Health Data Organization established pursuant to chapter 1683 to assist consumers with obtaining estimates of costs associated with health care services and procedures. [PL 2013, c. 515, §2 (NEW).] D. Beginning January 1, 2018, at the time a referral or recommendation is made for a comparable health care service as defined in Title 24‑A, section 4318‑A, subsection 1, paragraph A during an in-person visit, the health care entity making that referral or recommendation shall notify a patient who has private health insurance coverage of the patient's right to obtain services from a different provider. A health care entity shall comply with this paragraph by providing a written notice at the time the health care entity recommends or refers a patient for a health care service or procedure that may qualify as a comparable health care service. A written notice provided under this paragraph must include a notification that, prior to obtaining the recommended service, the patient may review the health care price transparency tool provided by the patient's carrier or contact the patient's carrier directly via a toll-free telephone number so that the patient may consider whether the recommended provider of the comparable health care service represents the best value for the patient. A written notice provided under this paragraph must also include a description of the service or the applicable standard medical codes or current procedural terminology codes used by the American Medical Association sufficient to allow the carrier to assist the patient in comparing prices for the comparable health care service. [PL 2017, c. 232, §1 (NEW).] E. A health care entity shall prominently display in a location that is readily accessible to a patient, including a patient waiting area, and on the health care entity’s publicly accessible website the following information: (1) Whether the health care entity is a hospital-based facility and, if so, the name of the hospital or health system and whether the health care entity charges a facility fee; and (2) How to access the publicly accessible website of the Maine Health Data Organization established pursuant to chapter 1683 for educational materials about facility fees and whether and under what circumstances depending on payor and type of service a facility fee may be charged. [PL 2023, c. 672, §4 (NEW).] A health care entity that does not routinely render services directly to patients in an office setting may satisfy this subsection by providing the information on its publicly accessible website. [PL 2023, c. 584, Pt. A, §§1, 2 (AMD); PL 2023, c. 672, §4 (AMD).]
22-A M.R.S. § 204 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 204
22-A §204. Commissioner
Status: in_force

The department is under the control and supervision of the Commissioner of Health and Human Services, who reports directly to the Governor. [PL 2003, c. 689, Pt. A, §1 (NEW).]

1. Appointment. The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and confirmation by the Senate. The commissioner serves at the pleasure of the Governor. [PL 2003, c. 689, Pt. A, §1 (NEW).]

2. Vacancy; deputy commissioner. A vacancy in the office of the commissioner must be filled as follows. A. Any vacancy of the commissioner's position must be filled in accordance with Title 5, section 1 . [PL 2003, c. 689, Pt. A, §1 (NEW).] B. The commissioner shall appoint one of the department's deputy commissioners to perform the duties of the commissioner, in addition to the duties of that deputy commissioner, during the commissioner's temporary absence or disability. [PL 2003, c. 689, Pt. A, §1 (NEW).] [PL 2003, c. 689, Pt. A, §1 (NEW).]
22 M.R.S. § 3951 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3951
22 §3951. Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception
Status: in_force

When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall forthwith return the Indian child to the child's parent or Indian custodian unless returning the Indian child to the child's parent or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 3174-III — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-III
22 §3174-III. Reimbursement for donor breast milk
Status: in_force

1. Reimbursement. The department shall provide reimbursement under the MaineCare program for pasteurized donor breast milk provided to an infant receiving benefits under this chapter if a physician or physician associate licensed under Title 32, chapter 36 or 48 or an advanced practice registered nurse licensed under Title 32, chapter 31 signs an order stating that: A. The infant is medically or physically unable to receive maternal breast milk or participate in breastfeeding or the infant's mother is medically or physically unable to produce maternal breast milk in quantities sufficient for the infant; and [PL 2021, c. 708, §1 (NEW).] B. The infant: (1) Was born at a birth weight of less than 1,500 grams; (2) Has a gastrointestinal anomaly or metabolic or digestive disorder or is recovering from intestinal surgery and the infant's digestive needs require additional support; (3) Is not appropriately gaining weight or growing; (4) Has formula intolerance and is experiencing weight loss or difficulty feeding; (5) Has low blood sugar; (6) Has congenital heart disease; (7) Has received or will receive an organ transplant; or (8) Has another serious medical condition for which donor breast milk is medically necessary. [PL 2021, c. 708, §1 (NEW).] [PL 2021, c. 708, §1 (NEW); PL 2025, c. 316, §3 (REV).]

2. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 708, §1 (NEW).]

Revisor's Note: §3174-III. Reimbursement for comprehensive sexual and reproductive health care services (As enacted by PL 2021, c. 738, §1 is REALLOCATED TO TITLE 22, SECTION 3174-JJJ)
22 M.R.S. § 4321 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4321
22 §4321. Grant, denial, reduction or termination to be communicated in writing; right to a hearing
Status: in_force

Any action relative to the grant, denial, reduction, suspension or termination of relief provided under this chapter must be communicated to the applicant in writing. The decision must include the specific reason or reasons for that action and must inform the person affected of the person's right to a hearing, the procedure for requesting the hearing, the right to notify the department and the available means for notifying the department, if the person believes that the municipality has acted in violation of this chapter. Proceedings relating to the grant, denial, reduction, suspension or termination of relief provided under this chapter are not public proceedings under Title 1, chapter 13 , unless otherwise requested by the applicant or recipient. [RR 2021, c. 2, Pt. B, §201 (COR).]
22 M.R.S. § 1635 — ME Code / Title 22 / Subtitle 2 / Chapter 266 / Section 1635
22 §1635. Use of safety equipment in public pools
Status: in_force

1. Use of safety equipment by persons who suffer from physical disability or condition. No person may prohibit the use of a life jacket or similar device in a public swimming pool by any person who suffers, as evidenced by a signed statement of a licensed physician, from any physical disability or condition which necessitates the use of a life jacket or similar device. [PL 1987, c. 194 (NEW).]

2. Public swimming pool defined. For the purposes of this section, a public swimming pool is any swimming pool which caters to, offers its facilities or services to or solicits or accepts patronage from the general public. [PL 1987, c. 194 (NEW).]
22 M.R.S. § 3174-JJJ — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-JJJ
22 §3174-JJJ. Reimbursement for comprehensive sexual and reproductive health care services (REALLOCATED FROM TITLE 22, SECTION 3174-III)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-III)

Notwithstanding any provision of law to the contrary, the department shall provide reimbursement for sexual and reproductive health care providers for activities and services to address the health of MaineCare members in accordance with this section. [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]

1. Definition. For purposes of this section, "sexual and reproductive health care provider" means an enrolled MaineCare provider engaged primarily in the delivery of services described in 42 United States Code, Section 1396d(a)(4)(C). [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]

2. Comprehensive sexual and reproductive health care services payment. The department shall determine and pay each sexual and reproductive health care provider an amount based on the total number of MaineCare-covered patient encounters per month, to include patient encounters taking place on or after July 1, 2022. The payment must include compensation for the difference between the payment for services described in subsection 1 and 100% of the reasonable costs of operation, including without limitation the costs of all services. In determining the payment, the department may exclude only those incremental operating costs directly attributable to specific items and services that federal law explicitly prohibits Medicaid programs from reimbursing. The payment required by this subsection must be made for all encounters with a sexual and reproductive health care provider by any MaineCare member, regardless of the category or other basis for the member's eligibility for MaineCare coverage. [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]

3. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]

The department shall pursue all opportunities to maximize available federal reimbursement, including available Medicaid match rates for or other opportunities to maximize state resources for family planning services. [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
22 M.R.S. § 2604 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2604
22 §2604. Schools, sampling and examination of water
Status: in_force

Any school, which takes water from a source other than a public water system and uses such water for drinking or culinary purposes, shall submit samples of such water to the department for analysis at least once during each school year. Such samples shall be analyzed by the department. If the water is found to violate the state primary drinking water regulations, the department shall issue an order prohibiting the use of the water for drinking or culinary purposes by the school, which order shall remain in force until the water conforms to the state primary drinking water regulations. [PL 1975, c. 751, §4 (NEW).]

Violation of this section shall, on conviction, be punishable by a fine of not more than $500. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 4244 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4244
22 §4244. Appropriate authority in the receiving state
Status: in_force

As used in the first paragraph of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this State shall mean the Department of Health and Human Services. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1703 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1703
22 §1703. Acceptance of federal and other funds
Status: in_force

The department shall have authority to accept any federal law now in effect or hereafter enacted which makes federal funds available for public health services of all kinds and to meet such federal requirements with respect to the administration of such funds as are required as conditions precedent to receiving federal funds. The department, subject to the approval of the Governor, shall have authority to accept funds from other sources for the same purposes. [PL 1975, c. 771, §215 (AMD).]
22 M.R.S. § 7862 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7862
22 §7862. Contracts for assisted living services
Status: in_force

Except as provided by subsection 2-A, all contracts or agreements executed by providers of assisted living services under this chapter and a consumer or the legal representative of the consumer are subject to the requirements of this section. [PL 2023, c. 89, §4 (AMD).]

1. Required contract provisions. Each contract or agreement for assisted living services must contain the provisions designated as required in the standardized contract adopted by the department by rule pursuant to Public Law 1999, chapter 731, Part BBBB, section 5 and may contain additional provisions as allowed under subsection 2 . [PL 2003, c. 546, §1 (NEW).]

2. Other contract provisions. In addition to the provisions required under subsection 1 , each contract or agreement for assisted living services may contain provisions that do not violate a state law or rule or federal law or regulation. A contract or agreement must be consistent with the rules adopted by the department applicable to the type of assisted living services provided. [PL 2003, c. 546, §1 (NEW).]

2-A. Exception. This section does not apply to a contract for the provision of services in a setting for an adult with an acquired brain injury, an intellectual disability, autism spectrum disorder, as defined in Title 34‑B, section 6002, subsection 1 , or a related condition, as defined in Title 34‑B, section 5001, subsection 5‑A . [RR 2023, c. 1, Pt. A, §18 (COR).]

3. Rulemaking. The commissioner shall adopt rules to implement this section. The rules must be developed in consultation with the long-term care ombudsman program established under section 5107‑A , consumer representatives and providers of assisted living services. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 546, §1 (NEW).]
22 M.R.S. § 2030 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2030
22 §2030. Requested
Status: in_force

1. Request from authorized person. Except as otherwise provided, a medical laboratory shall examine specimens only at the request of a licensed physician or other person authorized by law to use the findings of laboratory examinations. [PL 1989, c. 665, §2 (NEW).]

2. Exceptions. Notwithstanding this section, a medical laboratory may examine specimens without a physician referral for a limited number of laboratory services to be determined by rules adopted by the department. Those services include testing for: A. Glucose for patients who have been previously diagnosed as having diabetes; [PL 1989, c. 665, §2 (NEW).] B. Pregnancy; [PL 1989, c. 665, §2 (NEW).] C. Colon cancer; and [PL 1989, c. 665, §2 (NEW).] D. Cholesterol. [PL 1989, c. 665, §2 (NEW).] [PL 1993, c. 600, Pt. B, §15 (AMD).]

3. Testing without referral. This section does not require any medical laboratory to perform laboratory services without a physician referral. [PL 1989, c. 665, §2 (NEW).]
22 M.R.S. § 1411 — ME Code / Title 22 / Subtitle 2 / Chapter 255-A / Section 1411
22 §1411. Registry established
Status: in_force

The Maine Center for Disease Control and Prevention shall establish, maintain and operate a statewide amyotrophic lateral sclerosis incidence registry, referred to in this chapter as "the registry." [PL 2021, c. 613, §1 (NEW).]
22 M.R.S. § 4058 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4058
22 §4058. Review
Status: in_force

The provision in this chapter dealing with family rehabilitation and reunification must be reviewed in accordance with Title 3, chapter 35 . [PL 2005, c. 397, Pt. B, §6 (AMD).]
22 M.R.S. § 3819 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3819
22 §3819. Payor protected
Status: in_force

An employer or other payor of income may not be held liable for action taken to honor a duly executed income withholding order or assignment of earnings issued by the department. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 3944 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3944
22 §3944. Jurisdiction over Indian child custody proceedings
Status: in_force

1. Exclusive jurisdiction. An Indian tribe has jurisdiction exclusive as to the courts of the State over any Indian child custody proceeding or emergency proceeding held in this State involving an Indian child who resides or is domiciled within the reservation of that Indian tribe, except when the jurisdiction is otherwise vested in this State by federal law. When an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child. Except as provided in section 3953, any Indian child custody proceeding or emergency proceeding in District Court or Probate Court that is within the exclusive jurisdiction of an Indian tribe must be dismissed. The court shall expeditiously notify the tribal court of the pending dismissal based on the tribe's exclusive jurisdiction and ensure that the tribal court is sent all information regarding the proceeding, including but not limited to the pleadings and any court record. [PL 2023, c. 359, §5 (NEW).]

2. Transfer of proceedings; declination by tribal court. In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the District Court or Probate Court shall, upon the petition of the Indian child's parent, Indian custodian or tribe, promptly notify the tribal court of the transfer petition and transfer the proceeding to the jurisdiction of the Indian child's tribe unless any of the following applies: A. A parent of the Indian child objects to the transfer; [PL 2023, c. 359, §5 (NEW).] B. The Indian child's tribe does not have a tribal court, or the tribal court of the Indian child's tribe declines jurisdiction; or [PL 2023, c. 359, §5 (NEW).] C. The court determines that good cause exists to deny the transfer. The party opposing transfer has the burden to show good cause by clear and convincing evidence. The good cause determination must be based on which court is best positioned to adjudicate the proceeding, not on the potential outcome of the proceeding. In determining whether good cause exists, the court may not consider: (1) Whether the foster care placement or termination of parental rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian or tribe did not receive notice of the child custody proceeding until an advanced stage; (2) Whether there have been prior proceedings involving the Indian child for which no petition to transfer was filed; (3) Whether transfer could affect the placement of the Indian child; (4) The Indian child's cultural connections with the tribe or its reservation; or (5) Socioeconomic conditions or any negative perception of tribal or United States Department of the Interior, Bureau of Indian Affairs social services or judicial systems. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

3. Intervention. An Indian child's Indian custodian or tribe may intervene in any proceeding for the foster care placement of, or termination of parental rights to, an Indian child at any point in the proceeding. [PL 2023, c. 359, §5 (NEW).]

4. Full faith and credit. The State shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding to the same extent that the State gives full faith and credit to the public acts, records and judicial proceedings of any other governmental entity. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 2142 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2142
22 §2142. Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings. [PL 1983, c. 570 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 1983, c. 570 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

1-A. Certified nurse practitioner. "Certified nurse practitioner" has the same meaning as in section 2421‑A, subsection 13. [PL 2023, c. 679, Pt. C, §1 (AMD).]

2. Department. "Department" means the Department of Health and Human Services. [PL 1983, c. 570 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Home health care provider. "Home health care provider" means any business entity or subdivision thereof, whether public or private, proprietary or not for profit, that is engaged in providing acute, restorative, rehabilitative, maintenance, preventive or health promotion services through professional nursing or another therapeutic service, such as physical therapy, home health aides, nurse assistants, medical social work, nutritionist services or personal care services, either directly or through contractual agreement, in a client's place of residence. This term does not apply to any sole practitioner providing private duty nursing services or other restorative, rehabilitative, maintenance, preventive or health promotion services in a client's place of residence or to municipal entities providing health promotion services in a client's place of residence. This term does not apply to a federally qualified health center or a rural health clinic as defined in 42 United States Code, Section 1395x, subsection (aa) (1993) that is delivering case management services or health education in a client's place of residence. Beginning October 1, 1991, "home health care provider" includes any business entity or subdivision thereof, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. [PL 1993, c. 331, §1 (AMD).]

4. Registered nurse educator. "Registered nurse educator" means a registered nurse licensed under Title 32, chapter 31 who provides postprescription training to a patient or caregiver in a patient's place of residence when the registered nurse educator does not provide health care services, does not deliver the prescription drug, does not touch the patient, does not administer the prescription drug to the patient and does not seek payment from the patient, caregiver or any health care payor. [PL 2013, c. 336, §1 (NEW).]
22 M.R.S. § 675-A — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 675-A
22 §675-A. Advisory Committee on Radiation
Status: in_force

1. Appointment. The Governor shall appoint an Advisory Committee on Radiation consisting of 7 members. One member must be a physician and one member must be a dentist, both of whom must be regularly involved in the medical use of radiation; one member must represent the general public and the remaining 4 members must have training and experience in the various fields in which sources of radiation are used. Members of the committee serve 5-year staggered terms and are not compensated for their services, but may be reimbursed for actual expenses to attend committee meetings or for authorized business of the committee. [PL 1993, c. 664, §7 (NEW).]

2. Duties. The committee shall make recommendations to the commissioner and furnish advice that is requested by the department on matters relating to the regulation of sources of radiation including enforcement actions, regulation revision and the establishment of fees. The committee may also make recommendations and reports to the joint standing committees of the Legislature. [PL 1993, c. 664, §7 (NEW).]
22 M.R.S. § 1593 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1593
22 §1593. Sale and use of fetuses
Status: in_force

1. Prohibition. A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any product of conception considered live born, for scientific experimentation or for any form of experimentation. [PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Consenting, aiding or assisting. A person may not consent to violating subsection 1 or aid or assist another in violating subsection 1 . [PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalty. A person who violates this section commits a Class C crime. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 2685 — ME Code / Title 22 / Subtitle 2 / Chapter 603 / Section 2685
22 §2685. Prescription drug academic detailing program
Status: in_force

By January 1, 2008, the department shall establish a prescription drug academic detailing program, referred to in this section as "the program," to enhance the health of residents of the State, to improve the quality of decisions regarding drug prescribing, to encourage better communication between the department and health care practitioners participating in publicly funded health programs and to reduce the health complications and unnecessary costs associated with inappropriate drug prescribing. [PL 2007, c. 327, §1 (NEW).]

1. Program design. The department shall design the program after consultation with prescribers and dispensers of drugs, carriers and health plans, hospitals, pharmacy benefit managers, consumers, the MaineCare Advisory Committee and the MaineCare drug utilization review committee under section 3174‑M, subsection 2‑A . [PL 2007, c. 327, §1 (NEW).]

2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Academic detailing" means the provision of information regarding prescription drugs based on scientific and medical research, including information on therapeutic and cost-effective use of prescription drugs. [PL 2007, c. 327, §1 (NEW).] B. "Carrier" has the same meaning as in Title 24‑A, section 4301‑A, subsection 3 . [PL 2007, c. 695, Pt. A, §25 (AMD).] C. "Dirigo Health insurance" means the program of health coverage provided under Title 24-A, section 6910 . [PL 2007, c. 327, §1 (NEW).] D. "Dispenser" means a licensed mail order prescription pharmacy as defined in Title 32, section 13702‑A, subsection 17 ; a licensed pharmacy as defined in Title 32, section 13702‑A, subsection 24 ; and any other person or entity licensed to dispense prescription drugs under Title 32, chapter 117 . [PL 2007, c. 695, Pt. C, §8 (AMD).] E. "Elderly low-cost drug program" means the elderly low-cost drug program provided under section 254-D . [PL 2007, c. 327, §1 (NEW).] F. "Health plan" means a health plan providing prescription drug coverage as authorized under the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, Public Law 108-173. [PL 2007, c. 327, §1 (NEW).] G. "MaineCare program" means the MaineCare program administered under chapter 855 . [PL 2007, c. 327, §1 (NEW).] H. "Maine Rx Plus Program" means the Maine Rx Plus Program established under section 2681 . [PL 2007, c. 327, §1 (NEW).] I. "Prescriber" means a person who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. [PL 2007, c. 327, §1 (NEW).] J. "State employee health insurance program" means the state employee health insurance program provided under Title 5, section 285 . [PL 2007, c. 327, §1 (NEW).] [PL 2007, c. 695, Pt. A, §25 (AMD); PL 2007, c. 695, Pt. C, §8 (AMD).]

3. Program components. Program components must include outreach and education regarding the therapeutic and cost-effective use of prescription drugs as issued in peer-reviewed scientific, medical and academic research publications and made available to prescribers and dispensers of drugs in the State, including through written information and through personal visits from program staff. To the extent possible, program components must also include information regarding clinical trials, pharmaceutical efficacy, adverse effects of drugs, evidence-based treatment options and drug marketing approaches that are intended to circumvent competition from generic and therapeutically equivalent drugs. Academic detailers shall observe standards of conduct in their educational materials and written and oral presentations as established by rules adopted by the department that are consistent with the following federal regulations regarding labeling and false and misleading advertising: the Food and Drug Administration labeling requirements of 21 Code of Federal Regulations, Part 201 (2007) and prescription drug advertising provisions of 21 Code of Federal Regulations, Part 202 (2007) and the Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended. The rules must require academic detailers to disclose evidence-based information about the range and cost of appropriate drug treatment options and the health benefits and risks of all appropriate drugs. [PL 2007, c. 327, §1 (NEW).]

4. Program coverage. The program must provide outreach and education to prescribers and dispensers who participate in, contract with or are reimbursed by state-funded health care programs, including but not limited to the MaineCare program, the Maine Rx Plus Program, Dirigo Health insurance, the elderly low-cost drug program and the state employee health insurance program. The program may provide outreach and education to carriers, health plans, hospitals, employers and other persons interested in the program on a subscription or fee-paying basis under rules adopted by the department. [PL 2007, c. 327, §1 (NEW).]

5. Funding. The program may be funded from the General Fund, from federal funds and from other special revenue funds. Beginning April 1, 2012 each manufacturer of prescription drugs that are provided to Maine residents through the MaineCare program or the elderly low-cost drug program shall pay a fee of $500 per calendar year to the department to provide funding for the program. The program may accept funds from nongovernmental health access foundations, the Tobacco Manufacturers Act under chapter 263, subchapter 3 , undesignated funds associated with pharmaceutical marketing and pricing practices acquired through litigation or action of the Office of the Attorney General and fees from subscriptions, contracts and agreements with private payors as established by rule. Savings achieved as a result of the program may be retained for operation of the program or paid into the General Fund, at the option of the department. [PL 2011, c. 461, §2 (AMD).]

6. Annual report. By April 1st each year the department shall provide to the Legislature an annual report on the operation of the program. The report must include information on the outreach and education components of the program; revenues, expenditures and balances; and savings attributable to the program in state-funded health care programs. [PL 2007, c. 327, §1 (NEW).]

7. Rulemaking. The department shall adopt rules to implement the program. Rules adopted under this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A . [PL 2007, c. 327, §1 (NEW).]
22 M.R.S. § 3271 — ME Code / Title 22 / Subtitle 3 / Chapter 855-C / Section 3271
22 §3271. Program
Status: in_force

1. A program of regular monthly state supplemental income for blind, disabled and elderly people shall be provided for residents of the State of Maine. Benefits under the state supplemental income program shall be based on need and provided in supplementation of benefits provided by the United States Government to aged, blind and disabled individuals pursuant to Title XVI of the United States Social Security Act, as amended. Benefits shall be provided to any person who, on account of blindness, disability or age, qualifies for supplemental security income provided pursuant to Title XVI of the United States Social Security Act, as amended, and may, based on need, be provided to individuals who would, but for their income, be eligible for such supplemental security income benefits. [RR 2015, c. 2, §12 (COR).]

2. The department, to the extent allowed by Title XVI of the United States Social Security Act, as amended, and regulations promulgated thereunder, shall establish standard levels of state supplemental income benefits for blind, disabled and elderly people. The benefits must be provided under a modified flat benefit system, and may vary by marital status, and by living arrangements to the extent allowed by Title XVI of the United States Social Security Act, as amended, and regulations promulgated thereunder. The benefits may not be based on individual budgeted need and may not vary by category or geographical area. Benefits for a couple, except as provided under section 3273, subsection 1, paragraph B , must be equal to the sum of the amount of benefit for an individual and 50% of the benefit for an individual. [PL 2023, c. 405, Pt. A, §65 (AMD).]

3. The department may also require, as a condition of eligibility, that any applicant for benefits or beneficiary under this Part must apply for any income supplementation that may be available under any other federal or state programs operated pursuant to the provisions of the Social Security Act, if it reasonably appears that such applicant or beneficiary is likely to be eligible for income supplementation under such other programs. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 4032 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4032
22 §4032. Child protection petition; petitioners; content; filing
Status: in_force

1. Who may petition. Petitions may be brought by: A. The department through an authorized agent; [PL 1979, c. 733, §18 (NEW).] B. A police officer or sheriff; or [PL 1979, c. 733, §18 (NEW).] C. Three or more persons. [PL 1979, c. 733, §18 (NEW).] [PL 1979, c. 733, §18 (NEW).]

2. Contents of petition. A petition must be sworn and include at least the following: A. Name, date, place of birth and municipal residence, if known, of each child; [PL 1979, c. 733, §18 (NEW).] B. The name and address of the petitioner and the nature of the petitioner's relationship to the child; [PL 2001, c. 696, §24 (AMD).] C. Name and municipal residence, if known, of each parent and custodian; [PL 1979, c. 733, §18 (NEW).] C-1. The phone number and e‑mail address, if known, of each parent and custodian, unless the petitioner has reason to believe that disclosing the phone number or e‑mail address of the parent and custodian to another parent and custodian in the proceeding would create a safety risk or the petitioner has reason to believe that a parent and custodian has taken steps to avoid disclosing that parent's and custodian's phone number or e‑mail address to another parent and custodian in the proceeding. [PL 2023, c. 151, §10 (NEW).] D. A summary statement of the facts that the petitioner believes constitute the basis for the petition; [PL 2001, c. 696, §24 (AMD).] E. An allegation that is sufficient for court action; [PL 2001, c. 696, §24 (AMD).] F. A request for specific court action; [PL 1979, c. 733, §18 (NEW).] G. A statement that the parents and custodians are entitled to legal counsel in the proceedings and that, if they want an attorney but are unable to afford one, they should contact the court as soon as possible to request appointed counsel; [PL 2001, c. 696, §24 (AMD).] H. A statement that petition proceedings could lead to the termination of parental rights under section 4051 et seq.; [PL 2001, c. 696, §24 (AMD).] I. A statement explaining the specific reasonable efforts made to prevent the need to remove the child from the home or to resolve jeopardy; [PL 2001, c. 696, §24 (NEW).] J. The names of relatives who may be able to provide care for the child; and [PL 2001, c. 696, §24 (NEW).] K. The names of relatives who are members of an Indian tribe. [PL 2001, c. 696, §24 (NEW).] [PL 2023, c. 151, §10 (AMD).]

3. Hearing date. On the filing of a petition, the court shall set the earliest practicable time and date for a hearing. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 3174-KK — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-KK
22 §3174-KK. MaineCare Stabilization Fund (REALLOCATED FROM TITLE 22, SECTION 3174-II)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-II)

1. Fund established. The MaineCare Stabilization Fund, referred to in this section as "the fund," is established as an Other Special Revenue Funds account for the purposes specified in this section. [RR 2005, c. 1, §7 (RAL).]

2. Nonlapsing. Any unexpended balances in the fund may not lapse but must be carried forward. [RR 2005, c. 1, §7 (RAL).]

3. Fund purposes. Allocations from the fund must prevent any loss of services or increased cost of services to a MaineCare member or a person receiving benefits under the elderly low-cost drug program under section 254‑D that would otherwise result from insufficient General Fund appropriations, insufficient federal matching funds or any other shortage of funds, changes in federal or state law, rule or policy or the implementation of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003. [PL 2005, c. 683, Pt. A, §35 (AMD).]

4. Report by State Controller. The State Controller shall report at least annually on the fund on or before the 2nd Friday in November to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters. The report must summarize the status of and activity in the fund. [RR 2005, c. 1, §7 (RAL).]

5. Fund use; notification. The department shall notify the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters each time the department plans to transfer or expend any amount from the fund or otherwise affect the balance in the fund. Notification is required no less than 14 days prior to any transfer or expenditure, unless an emergency proclamation issued under Title 37‑B, section 742 is in effect, and must include the amount of funds required and the purpose for which the funds are required. [PL 2021, c. 635, Pt. FF, §1 (NEW).]

6. Legislative committee review of legislation. Whenever a proposal in a resolve or bill before the Legislature, including but not limited to a budget bill, affects the fund, the joint standing committee of the Legislature having jurisdiction over the proposal shall hold a public hearing and determine the level of support for the proposal among members of the committee. If there is support for the proposal among a majority of the members of the committee, the committee shall request the joint standing committee of the Legislature having jurisdiction over health and human services matters to review and evaluate the proposal as it pertains to the fund. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall conduct the review and report to the committee of jurisdiction and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [PL 2021, c. 635, Pt. FF, §2 (NEW).]
22 M.R.S. § 3031 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3031
22 §3031. Facilities and services available to medical examiners
Status: in_force

The facilities of all laboratories, under the control of any state agency or department and the services of the professional staffs thereof, shall be made available to the Chief Medical Examiner with the cooperation of the head of the agency involved. [PL 1967, c. 534, §2 (NEW).]
22 M.R.S. § 6112 — ME Code / Title 22 / Subtitle 4 / Chapter 1503 / Section 6112
22 §6112. Designation of beneficiaries
Status: in_force

A resident of this State and members of the resident's immediate family and household who are eligible for social services as provided by Title XX of the Social Security Act by reason of income are also qualified to be a beneficiary of priority social services in terms of income. [RR 2021, c. 2, Pt. B, §216 (COR).]
22 M.R.S. § 3263 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3263
22 §3263. Hearings and review
Status: in_force

Regarding state supplemental income benefits administered by the secretary, any individual who is or claims to be an eligible individual or eligible spouse pursuant to this Part and is in disagreement with any determination concerning this Part by the United States Department of Health, Education and Welfare shall be provided a hearing before the secretary in accordance with the hearings and review provisions of subsection (C), section 1631 of Title XVI. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 1401 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1401
22 §1401. Prevention and treatment
Status: in_force

The department is authorized to make investigations concerning cancer, the prevention and treatment thereof, and the mortality therefrom, and to take such action as it may deem will assist in bringing about a reduction in the mortality due thereto.
22 M.R.S. § 3952 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3952
22 §3952. Higher state or federal standard applicable to protect rights of parent or Indian custodian of Indian child; interpretive guidance
Status: in_force

In any case in which state or federal law applicable to an Indian child custody proceeding under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the state or federal court shall apply the higher state or federal standard. [PL 2023, c. 359, §5 (NEW).]

To the extent any procedure of an Indian child custody proceeding is not addressed in this Act, 25 Code of Federal Regulations, Part 23 must inform state practice. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 6203 — ME Code / Title 22 / Subtitle 4 / Chapter 1505 / Section 6203
22 §6203. Rules; agreements
Status: in_force

1. Rules. The department shall adopt such rules as may be necessary for the effective administration of adult day care pursuant to this chapter, in accordance with Title 5, chapter 375. In the development of these rules, the department shall consult with the associations representing care facilities and area agencies on aging. [PL 2023, c. 405, Pt. A, §76 (AMD).]

2. Agreements. In order to provide adult day care and other services, the department may enter into agreements with long-term health care facilities and community-based programs, separate and distinct from any other agreements between the department and the same facility or programs. A facility or program providing adult day care pursuant to this chapter shall enter into an agreement with the department. Each agreement must specify, among other things, the services to be provided, the fees for services, the method of payment, records to be maintained and the provisions for evaluating the services provided. [PL 2023, c. 405, Pt. A, §76 (AMD).]
22 M.R.S. § 4200 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4200
22 §4200. Construction and severability -- Article X
Status: in_force

This compact shall be liberally construed to effectuate the purposes thereof. This compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
22 M.R.S. § 5321 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5321
22 §5321. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]

1. Bureau. [PL 1995, c. 502, Pt. D, §11 (RP).]

2. Community action agency. "Community action agency" means a private nonprofit agency that has previously been designated by and authorized to accept funds from the Federal Community Services Administration under the United States Economic Opportunity Act of 1964. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]

3. Director. "Director" means the director of the division. [PL 1995, c. 502, Pt. D, §12 (AMD).]

3-A. Division. "Division" means the Division of Purchased and Support Services within the department. [PL 1995, c. 502, Pt. D, §13 (NEW).]

4. Poverty level. "Poverty level" means the official poverty level issued by the Director of the United States Office of Management and Budget. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]

5. Service area. "Service area" means the geographical area within the jurisdiction of a community action agency. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]
22 M.R.S. § 1471-A — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-A
22 §1471-A. Purpose and policy
Status: in_force

For the purpose of assuring to the public the benefits to be derived from the safe, scientific and proper use of chemical pesticides while safeguarding the public health, safety and welfare, and for the further purpose of protecting natural resources of the State, it is declared to be the policy of the State of Maine to regulate the sale and application of chemical insecticides, fungicides, herbicides and other chemical pesticides. [PL 2011, c. 510, §2 (AMD).]
22 M.R.S. § 7706 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7706
22 §7706. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 7704)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 7704)

Beginning October 1, 2010, a facility or health care provider subject to the licensing or certification processes of chapter 1663 , a nursery school subject to chapter 1675 or a hospice provider subject to chapter 1681 , prior to hiring an individual who will work in direct contact with a consumer, or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. The entity seeking to employ the individual shall pay for the criminal background check required by this section. [PL 2015, c. 196, §13 (AMD); PL 2015, c. 299, §21 (AMD).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2009, c. 2, §61 (RAL).]
22 M.R.S. § 7941 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7941
22 §7941. Policy
Status: in_force

It is the purpose of this chapter to authorize the Department of Health and Human Services to impose intermediate sanctions in order to improve the quality of care in long-term care facilities and to establish programs to reward long-term care facilities that provide the highest quality care. These intermediate sanctions will also provide an alternative to taking action to close facilities, which may cause great distress to the residents of those facilities. [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 3174-XX — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-XX
22 §3174-XX. Dental therapy reimbursement
Status: in_force

1. Reimbursement. By October 1, 2015, the department shall provide for the reimbursement under the MaineCare program of dental therapists practicing as authorized under Title 32, section 18377 for the procedures identified in their scope of practice. Reimbursement must be provided to dental therapists directly or to a federally qualified health center pursuant to section 3174‑V when a dental therapist is employed as a core provider at the center. [PL 2019, c. 388, §1 (AMD).]

2. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 575, §1 (NEW); PL 2013, c. 575, §10 (AFF).]
22 M.R.S. § 3088-A — ME Code / Title 22 / Subtitle 2 / Chapter 715-A / Section 3088-A
22 §3088-A. Support for underserved populations
Status: in_force

Within the limits of its available resources, the department may enter into contracts with dedicated brain injury organizations based in the State or with brain injury organizations with an affiliate in the State established and directed by families, caregivers and individuals with an acquired brain injury residing in the State, to collaborate with the department on federal brain injury state partnership grants and bring together state and national expertise to provide core brain injury support for underserved populations of individuals with an acquired brain injury, including, but not limited to, individuals who experienced an opioid drug overdose resulting in anoxic or hypoxic brain injury, who are veterans, who are victims of domestic violence, who are experiencing homelessness, who are ineligible for MaineCare and who have a newly acquired brain injury. For the purposes of this section, "core brain injury support" includes, but is not limited to, resource facilitation, brain injury support groups, outreach designed for individuals who have a newly acquired brain injury, access to a joint state and national helpline, access to an online brain injury screening and support system, information and resource education and family caregiver training. The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 233, §1 (AMD).]
22 M.R.S. § 2495 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2495
22 §2495. Issuance of licenses
Status: in_force

The department shall, within 30 days following receipt of a complete application, issue an annual license to operate any eating establishment, lodging place, recreational camp, youth camp, campground, public pool or public spa that is found to comply with this chapter and the rules adopted by the department. [PL 2021, c. 125, §13 (AMD).]

When any applicant is found, based upon an inspection by the department or by municipal inspection made according to section 2499 , not in compliance with the requirements of this chapter or departmental rules adopted and approved pursuant to section 2496 or 2499, subsection 1 , the department may refuse issuance of the license and shall issue a conditional license, except when conditions are found that present a serious danger to the health and safety of the public. The department may issue only one conditional license per applicant, which is valid for up to one year. Failure by the conditional licensee to meet the conditions specified by the department permits the department to void the conditional license. [PL 2021, c. 125, §13 (AMD).]

The conditional license is void when the department has delivered in hand or by certified mail a written notice to the conditional licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left notice thereof at the facility. [PL 2021, c. 125, §13 (AMD).]

A conditional licensee may apply for an annual license if the conditional license is voided or expires. A conditional licensee must meet all conditions before applying for an annual license. [PL 2021, c. 125, §13 (NEW).]

The department may redistribute expiration dates for new and renewed licenses to provide for comparable distribution of licenses on a quarterly basis throughout the year and shall prorate the fees for licenses with a term less or more than one year. The prescribed fee must accompany the application for a new license or the renewal of a license. [PL 2021, c. 125, §13 (AMD).]

Licenses must be renewed annually and upon payment of the prescribed fee, including late fees, additional inspection fees and fines if assessed, and subject to compliance with rules of the department and with this chapter. The department shall provide licensees with notice of the need for renewal and necessary forms no less than 30 days prior to the expiration of the license. [PL 2021, c. 125, §13 (AMD).]

The issuance of the license provided for in this chapter does not provide exemption from other state or local laws, ordinances or rules, notwithstanding any other provision of law. [PL 2021, c. 125, §13 (AMD).]

Licenses erroneously issued by the department are void and must be returned to the department on demand in a notice delivered by hand or by certified mail to the licensee. For cause, the department may revoke or suspend any license pursuant to section 2500 . [PL 2021, c. 125, §13 (AMD).]

In the case of death of the licensee, a license issued under this chapter may be transferred, for the benefit of the estate of the deceased licensee, to the personal representative, receiver or trustee of the deceased licensee's estate to operate the premises to which the license applies for one year from the date the personal representative, receiver or trustee is appointed, after which the license is void. Pending appointment of a personal representative, receiver or trustee of the estate, the following individuals may be approved by the department to operate the premises temporarily: the surviving spouse; a person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee; the sole heir of the deceased licensee or a person designated by all of the heirs of the deceased licensee. A person may not operate under the license unless approved by the department. The department may require an individual seeking approval to operate the premises temporarily to provide documentation showing that the individual is eligible pursuant to this paragraph. [PL 2025, c. 339, §2 (NEW).]
22 M.R.S. § 7935 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7935
22 §7935. Termination of receivership
Status: in_force

The receivership terminates when the court certifies that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivership at least semiannually. [PL 1995, c. 620, §8 (AMD).]

A receivership may not be terminated in favor of the former or the new licensee, unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court. [PL 1995, c. 620, §8 (AMD).]
22 M.R.S. § 3200 — ME Code / Title 22 / Subtitle 3 / Chapter 855-A / Section 3200
22 §3200. Short title
Status: in_force

This Part may be cited as the 1974 State Supplemental Income Act. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 3177 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3177
22 §3177. Suspension of aid
Status: in_force

Appropriations for assistance under this chapter when used in programs entitled to receive federal matching funds shall not lapse but shall be a continuing account so long and as federal grants are available to match the State's contribution. No payments matchable by federal funds shall be made out of said account if federal grants or state appropriations are withdrawn, except that medical or remedial care or services contracted for before the date of such withdrawal shall be paid. Any money left in said fund in the event of withdrawal of federal grants or state appropriations shall be divided between the State and the Federal Government in proportion to the amount contributed by each. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 2624-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2624-A
22 §2624-A. Board of Licensure of Water System Operators
Status: in_force

The Board of Licensure of Water System Operators, referred to in this section as the "board," is established within the department pursuant to Title 5, chapter 379 . [PL 2003, c. 33, §5 (AMD).]

1. Membership; general qualifications. The board consists of 9 members appointed by the Governor as follows: 3 water treatment or water distribution system operators, one holding a Class II license, one holding a Class III license and one holding a Class IV license; one member of the public who is a registered professional engineer; one person who is an educator in the field of water supply or service; one person who is a water management representative; one person who represents a "very small water system," as that term is defined in rules of the board; one person who is an owner or manager of a nontransient, noncommunity public water system; and one person from the department, as the commissioner may recommend, subject to appointment by the Governor. [PL 2003, c. 33, §5 (AMD).]

2. Terms. Each member of the board is appointed for a 3-year term. The appointee from the department serves at the pleasure of the Governor. The commissioner may recommend to the Governor at any time that the appointee from the department be replaced. Vacancies must be filled by appointment of the Governor for all unexpired terms. [PL 2003, c. 33, §5 (AMD).]

3. Chair; secretary. Members of the board shall elect from among the members a chair at the first meeting of each year. Members shall also elect from among the members a secretary who is responsible for maintaining records and providing administrative support. [PL 1995, c. 442, §2 (NEW).]

4. Call of meetings. Meetings of the board may be called by the chair, or by the chair at the request of any other 2 members, as necessary to carry out this chapter. [PL 1995, c. 442, §2 (NEW).]

5. Conduct of meetings. A majority of the members of the board constitutes a quorum for the purpose of conducting the business of the board and exercising all the powers of the board. A vote of the majority of members present is sufficient for all actions of the board. [PL 1995, c. 442, §2 (NEW).]

6. Powers and duties. The powers and duties of the board are as follows. A. The board shall license persons to serve as operators of all or part of any public water system in the State. [PL 2011, c. 45, §2 (AMD).] B. The board shall design or approve and hold at least one examination each year at a time and place designated for the purpose of examining candidates for licensure. The board may accept results of examinations approved by the board administered by a 3rd party, whose fees are not governed by section 2629 . [PL 2011, c. 45, §2 (AMD).] C. The board may enter into contracts or agreements to carry out its responsibilities under this section. [PL 2011, c. 45, §2 (AMD).] [PL 2011, c. 45, §2 (AMD).]

7. Fund. The Board of Licensure of Water System Operators Fund is established and is governed by the following provisions. A. All money collected by the board in the form of application fees, reinstatement and renewal fees, expense reimbursements ordered by the board or payment for services such as reproduction and distribution of copies of board decisions and photocopying or for the use of facilities must be deposited with the Treasurer of State in a separate account to be known as the Board of Licensure of Water System Operators Fund. [PL 2003, c. 33, §5 (AMD).] B. The board may use the fund to defray the reasonable costs incurred by the board in carrying out its duties. [PL 1995, c. 442, §2 (NEW).] C. Except as specified in this paragraph, any amount within the fund that is not expended at the end of a fiscal year does not lapse, but is carried forward to be expended by the board in carrying out its duties in succeeding fiscal years. Upon certification of the board that certain amounts in the fund are not required by the board, the Treasurer of State shall transfer the amounts to the General Fund. [PL 1995, c. 442, §2 (NEW).] [PL 2003, c. 33, §5 (AMD).]

8. Records. The board shall keep all records and minutes necessary to the ordinary dispatch of its functions. The board shall keep a register of all applicants for licensure and a register of all licensees. [PL 1995, c. 442, §2 (NEW).]

9. Reports. No later than August 1st of each year, the board shall submit to the commissioner a report of its transactions in the preceding fiscal year ending June 30th and shall transmit to the commissioner a complete statement of all the receipts and expenditures of the board, attested by affidavits of the board's chair and secretary. [PL 1995, c. 442, §2 (NEW).]

10. Staff. The commissioner, to the extent possible and reasonable, shall make available to the board such staff, facilities, equipment, supplies, information and other assistance as the board may reasonably require to carry out its activities. The commissioner may also appoint, subject to the Civil Service Law, the employees necessary to carry out this section. Any person so employed must be located in the department and under the administrative and supervisory direction of the commissioner. [PL 1995, c. 442, §2 (NEW).]

11. Compensation of members. Members of the board are entitled to reimbursement for expenses only pursuant to Title 5, section 12004‑A, subsection 46 . [PL 1995, c. 442, §2 (NEW).]
22 M.R.S. § 251 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 251
22 §251. Information for department on request
Status: in_force

In order to afford the department better advantages for obtaining knowledge important to be incorporated with that collected through special investigations and from other sources, all officers of the State, the physicians of all incorporated companies and the president or agent of any company chartered, organized or transacting business under the laws of this State, as far as practicable, shall furnish to the department any information bearing upon public health which may be requested by said department for the purpose of enabling it better to perform its duties of collecting and distributing useful knowledge on this subject.
22 M.R.S. § 7272 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7272
22 §7272. Withdrawal and dissolution - Article 12
Status: in_force

1. Withdrawal. The following provisions govern withdrawal from the compact. A. Once effective, the compact continues in force and remains binding upon each member state except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. [PL 2011, c. 217, §1 (NEW).] B. Withdrawal from this compact must be by the enactment of a statute repealing the compact, but may not take effect until one year after the effective date of that statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state. [PL 2011, c. 217, §1 (NEW).] C. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice. [PL 2011, c. 217, §1 (NEW).] D. The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal. [PL 2011, c. 217, §1 (NEW).] E. Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon such later date as determined by the interstate commission. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

2. Dissolution of the compact. The following provisions govern dissolution of the compact. A. This compact dissolves effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state. [PL 2011, c. 217, §1 (NEW).] B. Upon the dissolution of this compact, the compact becomes void and is of no further force or effect, and the business and affairs of the interstate commission must be concluded and surplus funds must be distributed in accordance with the bylaws. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 4100 — ME Code / Title 22 / Subtitle 3 / Chapter 1082 / Section 4100
22 §4100. Quality child care site (REALLOCATED FROM TITLE 22, SECTION 4095)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 4095)

1. Definition. As used in this chapter, unless the context otherwise indicates, "quality child care site" means a child care site that meets minimum licensing standards and: A. Is accredited by an independent, nationally recognized program approved by the Department of Health and Human Services, Office of Head Start and Child Care; [RR 1999, c. 2, §26 (RAL); PL 2003, c. 689, Pt. B, §6 (REV).] B. Utilizes recognized quality indicators for child care services approved by the Department of Health and Human Services, Office of Head Start and Child Care; and [RR 1999, c. 2, §26 (RAL); PL 2003, c. 689, Pt. B, §6 (REV).] C. Includes provisions for parent and client input, a review of the provider's policies and procedures, a review of the provider's program records and an on-site program review. [RR 1999, c. 2, §26 (RAL).] For large, multifunction agencies, only those portions of the child care sites that have been reviewed by the accrediting body may be considered quality child care sites. [RR 1999, c. 2, §26 (RAL); PL 2003, c. 689, Pt. B, §6 (REV).]

2. List of sites. The department shall develop and maintain a list of quality child care sites in the State. [RR 1999, c. 2, §26 (RAL).]
22 M.R.S. § 48 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 48
22 §48. Provider relations
Status: in_force

Department personnel assigned to MaineCare provider relations shall assist MaineCare providers in addressing and resolving in a cost-effective and expeditious manner any disagreements between the department and providers or groups of providers. Provider relations personnel shall receive and investigate complaints and concerns from providers regarding the MaineCare program and the MaineCare reimbursement prior to informal review or administrative hearing. In performing their duties under this subsection, the provider relations personnel must have access to the Director of the Office of MaineCare Services. The department shall implement the provisions of this section within existing resources. [PL 2019, c. 343, Pt. YY, §3 (AMD).]
22 M.R.S. § 7321 — ME Code / Title 22 / Subtitle 5 / Chapter 1623 / Section 7321
22 §7321. Program established
Status: in_force

The department shall establish and administer a program of in-home and community support services for adults with long-term care needs who are eligible for these services pursuant to section 7322 . [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 8754 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8754
22 §8754. Division duties
Status: in_force

The division has the following duties under this chapter. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

1. Initial review; other action. Upon receipt of a notification or report of a suspected sentinel event the division shall determine whether the event constitutes a sentinel event and complete an initial review and may take such other action as the division determines to be appropriate under applicable rules and within the jurisdiction of the division. The division may request medical records and may retain the services of consultants when necessary to the division. A. [PL 2025, c. 305, Pt. B, §9 (RP).] B. Division personnel responsible for sentinel event oversight shall report to the division's licensing section only incidences of immediate jeopardy and each condition of participation in the federal Medicare program related to the immediate jeopardy for which the provider is out of compliance. [PL 2009, c. 358, §4 (NEW).] [PL 2025, c. 305, Pt. B, §9 (AMD).]

2. Procedures. The division shall adopt procedures for the reporting, reviewing and handling of information regarding sentinel events. The procedures must provide for electronic submission of notifications and reports. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

3. Confidentiality. Notifications and reports filed pursuant to this chapter and all information collected or developed as a result of the filing and proceedings pertaining to the filing, regardless of format, are confidential and privileged information. A. Privileged and confidential information under this subsection is not: (1) Subject to public access under Title 1, chapter 13 , except for data developed from the reports that do not identify or permit identification of the health care facility; (2) Subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity; or (3) Admissible as evidence in any civil, criminal, judicial or administrative proceeding. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] B. The transfer of any information to which this chapter applies by a health care facility to the division or to a national organization that accredits health care facilities may not be treated as a waiver of any privilege or protection established under this chapter or other laws of this State. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] C. The division shall take appropriate measures to protect the security of any information to which this chapter applies. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] D. This section may not be construed to limit other privileges that are available under federal law or other laws of this State that provide for greater peer review or confidentiality protections than the peer review and confidentiality protections provided for in this subsection. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] E. For the purposes of this subsection, "privileged and confidential information" does not include: (1) Any final administrative action; (2) Information independently received pursuant to a 3rd-party complaint investigation conducted pursuant to department rules; or (3) Information designated as confidential under rules and laws of this State. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).] This subsection does not affect the obligations of the department relating to federal law. [PL 2009, c. 358, §5 (AMD).]

4. Report. The division shall submit an annual report by April 1st each year to the Legislature, health care facilities and the public that includes summary data of the number and types of sentinel events of the prior calendar year by type of health care facility, rates of change and other analyses and an outline of areas to be addressed for the upcoming year. [PL 2025, c. 305, Pt. B, §10 (AMD).]
22 M.R.S. § 2038 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2038
22 §2038. Penalties
Status: in_force

The performance of any of the acts specified in section 2037 shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than $50 nor more than $500, or by imprisonment for not more than one year, or by both. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 2960 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2960
22 §2960. Cooperation between Chief Medical Examiner and procurement organization
Status: in_force

1. Cooperation to maximize opportunity. The Chief Medical Examiner shall, consistent with the requirements of chapter 711 , cooperate with a procurement organization to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. [PL 2007, c. 601, §2 (NEW).]

2. Examination within compatible time period. If the Chief Medical Examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the Chief Medical Examiner and a postmortem examination may be performed, unless the Chief Medical Examiner denies recovery in accordance with section 2961 , the Chief Medical Examiner or designee shall undertake reasonable efforts to conduct a postmortem examination of the body or the part in a manner and within a time period compatible with its preservation for the purposes of the gift. [PL 2007, c. 601, §2 (NEW).]

3. Subject of an anatomical gift. A part may not be removed from the body of a decedent under the jurisdiction of the Chief Medical Examiner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the Chief Medical Examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude the Chief Medical Examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the Chief Medical Examiner. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1725 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1725
22 §1725. Neuropsychological and psychological evaluations
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Neuropsychological evaluation" means a testing method through which a neuropsychologist or a psychologist can acquire data about a person's cognitive, behavioral and emotional functioning for purposes of diagnosing or confirming a diagnosis of cognitive deficit or abnormalities in the central nervous system. [PL 2013, c. 353, §1 (NEW).] B. "Neuropsychological or psychological test data" means raw and scaled scores, a person's responses to test questions or stimuli, a neuropsychologist's or psychologist's notes and recordings concerning the person's statements and behavior during a neuropsychological evaluation or psychological evaluation and those portions of neuropsychological or psychological test materials that include the person's responses. [PL 2013, c. 353, §1 (NEW).] C. "Neuropsychological or psychological test materials" means manuals, instruments, protocols, assessment devices, scoring keys, test questions and stimuli used in conducting a neuropsychological evaluation or psychological evaluation. [PL 2013, c. 353, §1 (NEW).] D. "Psychological evaluation" means a testing method through which a psychologist acquires data about a person's cognitive and emotional functioning for purposes of determining cognitive ability, diagnosing a mental health condition or confirming a mental health diagnosis. [PL 2013, c. 353, §1 (NEW).] [PL 2013, c. 353, §1 (NEW).]

2. Disclosure of neuropsychological or psychological test materials and neuropsychological or psychological test data. The disclosure of neuropsychological or psychological test materials and neuropsychological or psychological test data is governed by this subsection. A. Except as provided in paragraph B , neuropsychological or psychological test materials and neuropsychological or psychological test data, the disclosure of which would compromise the objectivity or fairness of the evaluation methods or process, may not be disclosed to anyone, including the person who is the subject of the test, and are not subject to disclosure in any administrative, judicial or legislative proceeding. [PL 2013, c. 353, §1 (NEW).] B. A person who is the subject of a neuropsychological evaluation or psychological evaluation is entitled to have all records relating to that evaluation, including neuropsychological or psychological test materials and neuropsychological or psychological test data, disclosed to any neuropsychologist or psychologist who is qualified to evaluate the test results and who is designated by the person. A neuropsychologist or psychologist designated to receive records under this paragraph may not disclose the neuropsychological or psychological test materials and neuropsychological or psychological test data to another person. [PL 2013, c. 353, §1 (NEW).] [PL 2013, c. 353, §1 (NEW).]
22 M.R.S. § 3173-G — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-G
22 §3173-G. Medicaid coverage for reproductive health care and family planning services
Status: in_force

1. Family planning benefit. The department shall provide for the delivery of federally approved Medicaid services to a qualified adult or adolescent whose individual income is equal to or below 209% of the nonfarm income official poverty line for reproductive health care and family planning services, as described in 42 United States Code, Section 1396d(a)(4)(C), including pregnancy prevention, testing and treatment for sexually transmitted infection or cancer and access to contraception, in accordance with the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152. [PL 2019, c. 420, §1 (NEW).]

2. Presumptive eligibility. If a MaineCare provider determines that an adult or adolescent is likely to be eligible for services under this section, the provider must be reimbursed for services provided under this section until the department determines that the adult or adolescent is not eligible. The department shall implement this subsection in accordance with 42 United States Code, Section 1396r-1. [PL 2019, c. 420, §1 (NEW).]

3. Rules. The department shall adopt routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A to carry out the provisions of this section. [PL 2019, c. 420, §1 (NEW).]
22 M.R.S. § 805 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 805
22 §805. Court orders
Status: in_force

Upon complaint made to any judge of the District Court, the judge may issue any order enforcing a subpoena, warrant or prior order necessary for the proper enforcement of this chapter and of the rules promulgated pursuant to this chapter. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 3887 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3887
22 §3887. Liability of officers, directors and employees
Status: in_force

Officers, directors, employees and other agents of the board entrusted with the custody of the securities of the fund or authorized to disburse the money of the fund must be bonded, either by a blanket bond or individual bonds, with a surety bond or bonds with a minimum limitation of $100,000 coverage for each person covered by the bond, conditioned upon the faithful performance of their duties, the premiums for which must be paid out of the assets of the fund. [PL 1993, c. 600, Pt. A, §16 (NEW).]
22-A M.R.S. § 212 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 212
22-A §212. Coordination and reporting on expenditure of funds pertaining to homeland security and bioterrorism prevention
Status: in_force

The commissioner shall coordinate in a mutually agreed upon manner with the Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management on the planning and expenditure of all federal funds received by the department for homeland security emergency preparedness purposes or for the prevention of bioterrorism and provide a report annually, beginning December 15, 2008, to the Homeland Security Advisory Council established in Title 37-B, section 708 . The advisor for the Homeland Security Advisory Council shall report by January 15th of each year, beginning in 2009, on the expenditure of such funds to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The report must include, but is not limited to, the amount of funds expended in the prior year, the purpose of those expenditures, the effect of those expenditures on homeland security and bioterrorism prevention and the plans for coordination with the Maine Emergency Management Agency for the expenditure of the funds received or anticipated for such purposes in the 2 years following submission of the report. [PL 2007, c. 539, Pt. N, §51 (NEW).]
22 M.R.S. § 5312 — ME Code / Title 22 / Subtitle 4 / Chapter 1473 / Section 5312
22 §5312. Head Start
Status: in_force

The Head Start program is administered by the Division of Purchased and Support Services. [PL 1995, c. 502, Pt. D, §10 (AMD).]
22 M.R.S. § 1642 — ME Code / Title 22 / Subtitle 2 / Chapter 266-A / Section 1642
22 §1642. Down syndrome
Status: in_force

The department shall establish, maintain and operate an information service for Down syndrome. For the purposes of this section, "Down syndrome" means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. [PL 2015, c. 269, §1 (NEW).]

1. Expectant or new parent; others. A hospital, physician, health care provider or certified nurse midwife who renders prenatal care or postnatal care or a genetic counselor who renders prenatal or postnatal genetic counseling shall, upon receipt of a positive test result from a prenatal or postnatal test for Down syndrome, offer the expectant or new parent information provided by the department under subsection 2 . The department shall also make such information available to any other person who has received a positive test result from a prenatal or postnatal test for Down syndrome. [PL 2015, c. 269, §1 (NEW).]

2. Information provided. The department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to expectant or new parents who receive a prenatal or postnatal diagnosis of Down syndrome the following: A. Up-to-date evidence-based written information about Down syndrome that includes physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options. The information must have been reviewed by established medical experts in the field and national Down syndrome organizations; and [PL 2015, c. 269, §1 (NEW).] B. Contact information regarding support programs and services, including information hotlines specific to Down syndrome, resource centers and clearinghouses, national, statewide and local Down syndrome organizations and other educational and support programs. [PL 2015, c. 269, §1 (NEW).] [PL 2015, c. 269, §1 (NEW).]

3. Accessibility of information. Information provided under this section must be culturally and linguistically appropriate for a person receiving a positive prenatal diagnosis and for the family of a child receiving a postnatal diagnosis of Down syndrome. [PL 2015, c. 269, §1 (NEW).]
22 M.R.S. § 3102 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3102
22 §3102. Transfer of paupers and public assistance recipients between states
Status: in_force

The department shall have authority to enter into reciprocal agreements with corresponding agencies of other states, and to arrange with their local or county boards for the acceptance, transfer and support of persons going from one state to another and becoming public charges and to continue payments of public assistance until eligibility to receive assistance under a similar program has been established in the other state and the first payment from the other state has been received by such recipient. Such reciprocal agreements shall in no way commit the State to support persons who are not, in the opinion of the department, entitled to support under the laws of this State.
22 M.R.S. § 6201 — ME Code / Title 22 / Subtitle 4 / Chapter 1505 / Section 6201
22 §6201. Legislative intent
Status: in_force

1. Findings. The Legislature finds that: A. Many adults with long-term care needs who are at risk of institutionalization are in need of the range of health and related services that can be provided more efficiently in an adult day care program within a long-term health care facility or at another community site; [PL 1989, c. 347, §1 (AMD).] B. Many spouses and families, who are caring for adults with long-term care needs who are at risk of placement in an institutional setting, are in need of assistance for extended hours on a regular or respite basis; [PL 1989, c. 347, §1 (AMD).] C. For many adults with long-term care needs, it may be less costly for the State to provide adult day care to supplement the care provided by the family than to provide 24-hour long-term care in institutional settings; and [PL 1989, c. 347, §1 (AMD).] D. [PL 1989, c. 347, §1 (RP).] E. Long-term health related care facilities and other community-based programs located throughout the State could respond to the adult day care needs of individuals and their families. [PL 1989, c. 347, §1 (AMD).] [PL 1989, c. 347, §1 (AMD).]

2. Policy. The Legislature declares that it is the policy of this State: A. [PL 1989, c. 347, §1 (AMD).] B. To enhance the systems of in-home services by utilizing the resources available through long-term care facilities and community-based programs; [PL 1989, c. 347, §1 (AMD).] C. To assure that the recipients of adult day care services from long-term care facilities and other community-based programs, pursuant to this chapter, are the elderly and disabled adults who are at the greatest risk of being placed in a long-term care institutional setting; [PL 1989, c. 347, §1 (AMD).] D. [PL 1989, c. 347, §1 (RP).] E. To develop payment policies for long-term care facilities and community-based programs that will allow fair and equitable payments for services provided pursuant to this chapter; and [PL 1989, c. 347, §1 (AMD).] F. To establish a permanent program of adult day care, to be provided through both long-term care facilities and in community-based programs. [PL 1989, c. 347, §1 (NEW).] [PL 1989, c. 347, §1 (AMD).]
22 M.R.S. § 4014 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4014
22 §4014. Immunity from liability
Status: in_force

1. Reporting and proceedings. A person, including an agent of the department, participating in good faith in reporting under this subchapter or participating in a related child protection investigation or proceeding, including, but not limited to, a multidisciplinary team, out-of-home abuse investigating team or other investigating or treatment team, or a related law enforcement investigation or criminal justice proceeding is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false. This section may not be construed to bar criminal or civil action regarding perjury or regarding the abuse or neglect that led to a report, investigation or proceeding. [PL 2023, c. 146, §2 (AMD).]

2. Photographs and x rays. A person participating in good faith in taking photographs or x rays under this subchapter is immune from civil liability for invasion of privacy that might otherwise result from these actions. [PL 1979, c. 733, §18 (NEW).]

3. Presumption of good faith. In a proceeding regarding immunity from liability, there shall be a rebuttable presumption of good faith. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 22 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 22
22 §22. Electronic benefit transfer system established
Status: in_force

The department is authorized to establish an electronic benefits transfer system for the issuance of benefits under the statewide Supplemental Nutrition Assistance Program under section 3104 , the Temporary Assistance for Needy Families program under chapter 1053‑B , the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966 and the Parents as Scholars and Medicaid programs and for child care subsidies under chapter 1052‑A ; all recipients of benefits under these programs or another program approved for addition under subsection 2 must participate in the EBT system. [PL 2021, c. 398, Pt. OO, §4 (AMD).]

1. Rulemaking. In accordance with Title 5, chapter 375 , the department shall adopt rules required for implementation of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1995, c. 675, §1 (NEW).]

2. Other programs. The department may add other programs to the EBT system if approved for addition by their respective departments, as long as rules are adopted by the department and other departments for the administration of and delivery of benefits under those programs. [PL 1995, c. 675, §1 (NEW).]

3. Participation. [PL 2017, c. 284, Pt. NNNNNNN, §6 (RP).]

4. Restriction. The following requirements apply prior to implementation of the EBT system and as applied to each program using the EBT system: A. The department and other departments must determine that use of the EBT system will not decrease benefits or result in unreasonable costs to the recipients; and [PL 1995, c. 675, §1 (NEW).] B. The department and other departments must successfully complete a request-for-proposals evaluation and contract negotiations that ensure that the EBT system will be cost-effective for the individual program. [PL 1995, c. 675, §1 (NEW).]
22 M.R.S. § 2156 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2156
22 §2156. Adulteration
Status: in_force

A food shall be deemed to be adulterated:

1. Poisonous or deleterious substance. A. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health; or B. If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 2158 ; or C. If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance or if it is otherwise unfit for food; or D. If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health; or E. If it is the product of a diseased animal or an animal which has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse; or F. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

2. Substances added or omitted. A. If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or B. If any substance has been substituted wholly or in part therefor; or C. If damage or inferiority has been concealed in any manner; or D. If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

3. Substances in confectionery. If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 4/10 of 1%, harmless natural wax not in excess of 4/10 of 1%, harmless natural gum and pectin. This subsection does not apply to any confectionery by reason of its containing less than 1/2 of 1% by volume of alcohol derived solely from use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or [RR 2009, c. 2, §51 (COR).]

4. Coal-tar color. If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the Federal Act.
22 M.R.S. § 7852 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7852
22 §7852. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

1. Activities of daily living. "Activities of daily living" means tasks routinely performed by a person to maintain bodily functions, including bed mobility, transfers, locomotion, dressing, eating, toileting, bathing and personal hygiene. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Assisted housing program. [PL 2023, c. 176, §8 (RP).]

2-A. Assisted housing facility. "Assisted housing facility" means an assisted living facility, a residential care facility or an independent housing with services program. [RR 2023, c. 1, Pt. A, §17 (COR).]

3. Assisted housing services. "Assisted housing services" means the provision of housing, assistance with activities of daily living and instrumental activities of daily living, personal supervision, protection from environmental hazards, meals, diet care, care management, diversional or motivational activities, medication administration and nursing services. [PL 2023, c. 176, §10 (AMD).]

4. Assisted living program. [PL 2023, c. 176, §11 (RP).]

4-A. Assisted living facility. "Assisted living facility" means a house or other place that, for consideration, is maintained wholly or in part for the purpose of providing assisted living services to residents in private apartments in buildings that include a common dining area, either directly by the provider or indirectly through contracts with persons, entities or agencies. [PL 2023, c. 176, §12 (NEW).]

5. Assisted living services. "Assisted living services" means the provision of assisted housing services by an assisted housing facility. [PL 2023, c. 176, §13 (AMD).]

6. Independent housing with services program. "Independent housing with services program" means a program of supportive services provided to residents in private apartments that receives funds through a written agreement with the department's office of aging and disability services. [PL 2025, c. 305, Pt. A, §5 (AMD).]

7. Instrumental activities of daily living. "Instrumental activities of daily living" includes, but is not limited to, preparing or receiving of a main meal, taking medication, using the telephone, handling finances, banking, shopping, routine housework, laundry and getting to appointments. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

8. Life Safety Code. "Life Safety Code" means the current edition of the National Fire Protection Association Life Safety Code 101. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

9. Long-term care facility. [PL 2023, c. 176, §15 (RP).]

10. Mobile nonambulatory. "Mobile nonambulatory," as applied to a resident of a residential care facility with 6 or fewer beds, means being able to transfer independently and able to evacuate a facility in less than 2 1/2 minutes with the assistance of another person throughout the evacuation procedure. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

10-A. Multi-level health care facility. "Multi-level health care facility" means a residential care facility and a nursing facility that are colocated on the same premises. [PL 2023, c. 176, §16 (NEW).]

11. Nursing services. "Nursing services" means services provided by professional nurses defined in Title 32, section 2102, subsection 2 . "Nursing services" includes coordination and oversight of resident care services provided by unlicensed health care assistive personnel in assisted housing facilities. [PL 2023, c. 176, §17 (AMD).]

12. Private apartment. "Private apartment" means a private dwelling unit with an individual bedroom, an individual bathroom and an individual food preparation area. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

13. Resident. "Resident" means any person 18 years of age or older who is not related by blood or marriage to the owner or person in charge of the facility or building in which the resident lives and who receives assisted housing services. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

14. Residential care facility. "Residential care facility" means a house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted living services. Residential care facilities provide housing and services to residents in private or semi-private bedrooms in buildings with common living areas and dining areas. "Residential care facility" does not include a licensed nursing home, a mental health residential program licensed under Title 34‑B, section 1203‑A , a substance use treatment facility licensed under chapter 1667 , a residential program for individuals with intellectual disabilities licensed under Title 34‑B, section 1203‑A or a shared living arrangement certified by the department. [PL 2023, c. 176, §18 (AMD).]
22 M.R.S. § 755 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 755
22 §755. Facilities, equipment and personnel -- Article V
Status: in_force

Whenever a department, agency or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs, determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency or officer may, upon request of an appropriate department, agency or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency or officer. [PL 1967, c. 226 (NEW).]

Any personal property made available pursuant to this section may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this section. [PL 1967, c. 226 (NEW).]

In recognition of the mutual benefits, in addition to those resulting from Article IV , accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies and officers of other party states, provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved. [PL 1967, c. 226 (NEW).]

Nothing in this Article shall be construed to limit or to modify in any way Article IV of this compact. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 1820 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1820
22 §1820. Standards
Status: in_force

The department shall have the power to establish reasonable standards under this chapter which it finds to be necessary and in the public interest and may rescind or modify such regulations from time to time as may be in the public interest, in so far as such action is not in conflict with any of the provisions of said chapter. No standards, rules or regulations of the department pursuant to this chapter shall be adopted or enforced which would have the effect of denying a license to any hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed by physicians therein, provided such school or system of practice is recognized by the laws of this State.
22 M.R.S. § 1559 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1559
22 §1559. Appeal decision of District Court
Status: in_force

1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending a license issued by the department or by refusal of the department to issue a license applied for may appeal to the Superior Court by filing a complaint within 30 days of the decision or refusal. A. The 30-day period for appeal begins on: (1) The effective date of the suspension or revocation in the case of a license revocation or suspension; or (2) The day when the department sends notice of refusal, by registered or certified mail, to the applicant for a license in the case of refusal by the department to issue a license. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. Filing the complaint in Superior Court suspends the running of the 30-day period. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2. Suspension or revocation suspended pending appeal. If the licensee files an appeal in the Superior Court and notifies the District Court that the appeal has been filed within 7 days of the mailing of the decision of the District Court required in section 1558‑A, subsection 3 , the operation of a suspension or revocation of a license imposed by the District Court must be suspended, pending judgment of the Superior Court. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

3. Superior Court hearing. [PL 2011, c. 559, Pt. A, §23 (RP).]

4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

5. Further appeal. An aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court, after consideration, may reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
22 M.R.S. § 2648 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2648
22 §2648. Protection of intake of public water supply
Status: in_force

Any water utility or municipality is authorized, after consultation with the Commissioner of Inland Fisheries and Wildlife, the department and the Department of Agriculture, Conservation and Forestry and after conducting a public hearing in the affected town, to designate by buoys in water or markers on the ice in an area on a lake or pond from which water is taken, with a radius commencing at its point of intake. The radius may not exceed 400 feet and within that area a person may not anchor or moor a boat or carry on ice fishing or carry on any other activity designated by the water utility or municipality when such restriction is necessary to comply with primary or secondary drinking water regulations applicable to public water systems. Any such buoys placed in the water must be plainly marked as required by the Director of the Bureau of Parks and Lands under Title 12, section 1894 . Any person violating this section must, on conviction, be penalized in accordance with Title 30‑A, section 4452 . [PL 1999, c. 127, Pt. A, §36 (AMD); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

Nothing in this section shall be construed to limit in any way any private and special law granting a water utility or municipality greater controls for protecting the intake of its public water supply than those set forth in this section. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 810 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 810
22 §810. Emergency temporary custody
Status: in_force

Upon the department's submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the District Court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation. [PL 1989, c. 487, §11 (NEW).]

1. Orders; ex parte proceedings. Orders under this section may be issued in an ex parte proceeding upon an affidavit which sets forth specific facts of the reasons that prior notice cannot or should not be given, upon which facts the order is sought. An ex parte order may not include orders for emergency care, treatment or evaluation unless the court finds by clear and convincing evidence that such care, treatment or evaluation is immediately necessary. An ex parte order must be served on the subject of the petition immediately upon apprehension. [PL 1989, c. 487, §11 (NEW).]

2. Hearing within time certain. Unless waived in writing by the individual, after opportunity to consult with an attorney, a hearing shall be held within 72 hours of apprehension, exclusive of Saturdays, Sundays and legal holidays, to determine whether the individual shall remain in the department's custody. [PL 1989, c. 487, §11 (NEW).]

3. Notice of hearing. Notice of the hearing must be served upon the individual held under this section at least 24 hours before the hearing and the notice must specify: the time, date and place of the hearing; the grounds and underlying fact upon which the emergency hold is sought; the individual's right to appear at the hearing and to present and cross-examine witnesses; and the individual's right to counsel pursuant to section 811 . [PL 1989, c. 487, §11 (NEW).]

4. Duration. In no event may the emergency hold continue longer than 5 days following the hearing, unless a petition for court ordered commitment is filed under section 812, subsection 1, paragraph F ; if a petition is filed, the limitations imposed by the court under this subsection may continue until a hearing on the petition for commitment is held; that hearing must occur within 10 days of the filing of the petition, excluding Saturdays, Sundays and legal holidays. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 3476 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3476
22 §3476. Spiritual treatment
Status: in_force

1. Treatment not considered abuse, neglect or exploitation. An incapacitated or dependent adult shall not be considered to be abused, neglected or exploited solely because treatment is by spiritual means by an accredited practitioner of a recognized religious organization. [PL 1981, c. 527, §2 (NEW).]

2. Treatment to be considered if requested. When medical treatment is authorized, under this chapter, treatment by spiritual means by an accredited practitioner of a recognized religious organization may also be considered if requested by the incapacitated or disabled adult or the adult's caretaker. [RR 2021, c. 2, Pt. B, §172 (COR).]
22 M.R.S. § 1729 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1729
22 §1729. Substance use disorder treatment information
Status: in_force

Beginning July 1, 2024, a hospital licensed under chapter 405 shall post in a publicly accessible area of its emergency department information provided by the department that describes how individuals with substance use disorder can access evidence-based treatment services. [PL 2023, c. 463, §1 (NEW).]
22 M.R.S. § 1544 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1544
22 §1544. Retaliation prohibited
Status: in_force

A person may not discharge, refuse to hire, discipline or otherwise retaliate against any person who pursues any remedy available to enforce the requirements of this chapter. [PL 2005, c. 257, §6 (AMD).]
22 M.R.S. § 1578-B — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1578-B
22 §1578-B. Tobacco use in elementary and secondary schools prohibited
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Elementary or secondary school" means any public elementary or secondary school approved in accordance with Title 20‑A, chapter 206, subchapter I . [PL 1987, c. 687 (NEW).] B. "Principal" has the same meaning as defined in Title 20‑A, section 1, subsection 21 . [PL 1987, c. 687 (NEW).] C. [PL 2019, c. 61, §1 (RP).] D. "Tobacco use" means: (1) Smoking as defined in section 1541, subsection 6 ; and (2) Carrying or having in one's possession a tobacco product as defined in section 1551, subsection 3 . [PL 2019, c. 61, §2 (RPR).] [PL 2019, c. 61, §§1, 2 (AMD).]

2. Prohibition. A person may not engage in tobacco use in the buildings or on the grounds of any elementary or secondary school, on a school bus or at any school-sponsored event at any time. [PL 2019, c. 61, §3 (RPR).]

3. Exceptions. [PL 2019, c. 61, §4 (RP).]

4. Employees. [PL 2007, c. 156, §3 (RP).]

5. Public. [PL 2007, c. 156, §4 (RP).]

6. Enforcement. The principal of the elementary or secondary school, or the principal's designee, shall enforce the law prohibiting and restricting tobacco use under this section. [PL 1987, c. 687 (NEW).]
22 M.R.S. § 688 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 688
22 §688. Injunction proceedings; impounding
Status: in_force

1. Injunctions. Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, or any rule or order issued thereunder, and at the request of the department, the Attorney General may make application to the Superior Court for an order enjoining those acts or practices, or for an order directing compliance, and, upon a showing by the department that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted. [PL 1983, c. 345, §§13, 14 (NEW).]

2. Impounding. In accordance with all applicable statutes and regulations, the department may, in the event of an emergency, impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this Act or any rules issued under this Act. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 1730 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1730
22 §1730. Upper payment limits for aggregate MaineCare payments to hospitals
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Group of hospitals" means a group of hospitals in which each hospital meets the requirements for the same category of facility as described in 42 Code of Federal Regulations, Section 447.272 or 447.321. [PL 2023, c. 643, Pt. MM, §1 (NEW).] B. "Hospital" means any facility in the State licensed as a hospital under chapter 405 . [PL 2023, c. 643, Pt. MM, §1 (NEW).] [PL 2023, c. 643, Pt. MM, §1 (NEW).]

2. Department to ensure compliance with upper payment limits. Beginning July 1, 2024, if aggregate MaineCare payments made to a group of hospitals exceed the upper payment limit applicable to that group of hospitals under 42 Code of Federal Regulations, Section 447.272 or 447.321, the department shall limit payments to that group of hospitals to the level that ensures compliance with the applicable upper payment limit. At least 60 days prior to taking an action pursuant to this subsection, the department shall share its upper payment calculations, including all data inputs, with the hospitals affected by the action. [PL 2023, c. 643, Pt. MM, §1 (NEW).]

3. Adjustments when aggregate payments fall below upper payment limits. If the department limits MaineCare payments to a group of hospitals pursuant to subsection 2 and the Federal Government subsequently determines that the payments made to the group of hospitals are below the upper payment limit applicable to that group of hospitals under 42 Code of Federal Regulations, Section 447.272 or 447.321, the department shall increase the payments to an amount determined by the department, as permitted under federal regulations, and not higher than the applicable upper payment limit. The department shall notify the affected hospitals of any payments made under this subsection. [PL 2023, c. 643, Pt. MM, §1 (NEW).]
22 M.R.S. § 1827 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1827
22 §1827. Photographs of nursing home residents
Status: in_force

A nursing home may require an identification photograph of each resident. Photographs may not be used for any other purpose without the permission of the resident for each specific use. The permission must indicate the specific purpose which the pictures are to be used for and, except for the identification photograph, may not be contained in the admission contract or agreement. [PL 1985, c. 291, §1 (NEW).]
22 M.R.S. § 9057 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9057
22 §9057. Employment
Status: in_force

1. Contingent offer of employment. An employer that has made a contingent offer of employment to a direct access worker shall secure a background check and receive a final background check report prior to allowing the individual to commence employment as a direct access worker, except where the individual is conditionally employed as described in this chapter. [PL 2015, c. 299, §25 (NEW).]

2. Opportunity to challenge inaccurate records. An employer that has made a contingent offer of employment under subsection 1 shall provide the individual subject to a background check a copy of the background check report and afford the individual a reasonable amount of time up to the 60th calendar day of conditional employment as described in subsection 4 to allow that individual an opportunity to challenge inaccurate information in the background check report. [PL 2015, c. 299, §25 (NEW).]

3. Employment determination. An employer that has made a contingent offer of employment under subsection 1 shall obtain a final nondisqualifying background check report after an individual has been allowed an opportunity to correct or update that individual's record prior to making an employment determination. [PL 2015, c. 299, §25 (NEW).]

4. Conditional employment. In accordance with subsection 2 , an employer may employ an individual as a direct access worker on a conditional basis for up to 60 calendar days before the employer receives a final background check report or from the date the employer receives a disqualifying background report on the following conditions: A. The employer initiates the background check by entering the individual into the Background Check Center database as a conditionally employed worker; [PL 2015, c. 299, §25 (NEW).] B. The individual is not identified in the Background Check Center database as a disqualified person based on an earlier background check; [PL 2015, c. 299, §25 (NEW).] C. The individual has agreed to submit to the steps necessary to comply with this chapter, including taking substantial steps toward correcting inaccurate data in the disqualifying background check report if applicable; [PL 2015, c. 299, §25 (NEW).] D. The individual signs a statement declaring that a background check will not reveal a disqualifying offense or that an offense that appears is inaccurate; [PL 2015, c. 299, §25 (NEW).] D-1. The individual provides evidence to the employer that the individual has submitted the individual's biometric identifier data for the background check; [PL 2023, c. 241, §75 (NEW).] E. The employer verifies and documents that the individual has submitted the individual's biometric identifier data required for the background check and the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and [PL 2023, c. 241, §76 (AMD).] F. The individual is subject to direct personal supervision during the course of the conditional employment as described in rules adopted pursuant to this chapter. [PL 2015, c. 299, §25 (NEW).] [PL 2023, c. 241, §§75, 76 (AMD).]
22 M.R.S. § 1905 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1905
22 §1905. Funds
Status: in_force

The department is authorized to receive and disburse such funds as may be available to it for family planning services to any nonprofit organization, public or private, engaged in providing such services. Family planning programs administered by the department may be developed in consultation, in coordination or on a contractual basis with other family planning agencies in this State, including, but not limited to, the Family Planning Association of Maine, Inc., and its affiliates. [PL 2019, c. 236, §6 (AMD).]
22 M.R.S. § 256-A — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 256-A
22 §256-A. Health care occupations report
Status: in_force

Beginning in 2006, the Department of Labor, in conjunction with the Office of Data, Research and Vital Statistics, shall compile and annually update a health care occupations report to be completed and presented to the health workforce forum established in section 257 by September 15th. Beginning in 2009, the health care occupations report must be completed and presented to the health workforce forum established in section 257 by September 15th and presented every 4th year thereafter. The report must be posted on a publicly accessible site on the Internet maintained by the Department of Labor and provide the following information: [PL 2009, c. 601, §1 (AMD).]

1. Listing. A listing of all health care occupations licensed, registered or certified under the authority of the boards listed in section 256‑B , including: A. A brief description of each occupation; [PL 2005, c. 327, §2 (NEW).] B. Minimum education requirements; [PL 2005, c. 327, §2 (NEW).] C. Schools in the State offering education in those health care occupations, including current enrollment and annual number of graduates; and [PL 2005, c. 327, §2 (NEW).] D. Average starting salary for each health care occupation listed; [PL 2005, c. 327, §2 (NEW).] [PL 2005, c. 327, §2 (NEW).]

2. Future outlook. An analysis of trends and the current outlook in employment supply and demand, including implications for the state and health care industry; and [PL 2005, c. 327, §2 (NEW).]

3. Financial aid. Financial aid available for education. [PL 2005, c. 327, §2 (NEW).]
22 M.R.S. § 1602 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1602
22 §1602. Permit issuance
Status: in_force

1. Written application. The Commissioner of Health and Human Services shall issue a permit for a mass outdoor gathering upon receipt of a written application therefor unless, after the consideration of the factors listed in subsection 2 , it appears to the commissioner within a reasonable certainty that the gathering will present a grave and imminent danger to the public health or to the public safety. [PL 1977, c. 347, §3 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Commissioner's determination. In determining whether there exists a reasonable certainty that the gathering will present a grave and imminent danger to the public health or safety, the commissioner shall consider the nature of the gathering and the availability of: A. An adequate and satisfactory water supply and facilities; [PL 1977, c. 347, §3 (NEW).] B. Adequate refuse storage and disposal facilities; [PL 1977, c. 347, §3 (NEW).] C. Sleeping areas and facilities; [PL 1977, c. 347, §3 (NEW).] D. Wholesome and sanitary food service; [PL 1977, c. 347, §3 (NEW).] E. Adequate medical supplies and care; [PL 1977, c. 347, §3 (NEW).] F. Adequate fire protection; [PL 1977, c. 347, §3 (NEW).] G. Adequate police protection; [PL 1977, c. 347, §3 (NEW).] H. Adequate traffic control; and [PL 1977, c. 347, §3 (NEW).] I. Any other matters as may affect the security of the public health or safety. [PL 1977, c. 347, §3 (NEW).] [PL 1977, c. 347, §3 (NEW).]

3. Plans; cooperation. In its review of applications for permits for the holding or promoting of a mass outdoor gathering, the department may require such plans, specifications and reports as it considers necessary for a proper review. In its review of such applications, as well as in carrying out its other duties and functions in connection with such a gathering, the department may request and must receive from all public officers, departments and agencies of the State and its political subdivisions such cooperation and assistance as may be necessary and proper. A permit may not be issued by the department until the commissioner or the commissioner's representative has discussed the application with the municipal officers of the municipality in which the event is intended to be held. [RR 2021, c. 2, Pt. B, §99 (COR).]

4. Permit denied; appeal. An applicant who has been aggrieved by the department's decision to deny a permit under this chapter may file within 30 days of the notice of the denial a complaint with the District Court, as provided in Title 5, chapter 375 . A hearing before the District Court for reconsideration of the denial may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2011, c. 559, Pt. A, §24 (AMD).]

5. Municipal ordinances and regulations. The requirements of this chapter and of the regulations adopted under this chapter shall be considered minimum requirements. Nothing shall preclude a municipality from enforcing any ordinance or regulation which is more stringent than the requirements of this chapter or of the regulations adopted under this chapter. [PL 1977, c. 347, §3 (NEW).]
22 M.R.S. § 7271 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7271
22 §7271. Member states, effective date and amendment - Article 11
Status: in_force

1. Eligibility for membership in compact. Any state that has enacted prescription monitoring program legislation through statute or regulation is eligible to become a member state of this compact. [PL 2011, c. 217, §1 (NEW).]

2. Effective upon enactment by at least 6 states. The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 6 states. Thereafter it becomes effective and binding on a state upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states. [PL 2011, c. 217, §1 (NEW).]

3. Amendments. The interstate commission may propose amendments to the compact for enactment by the member states. An amendment may not become effective and binding upon the interstate commission and the member states until it is enacted into law by unanimous consent of the member states. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 782 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 782
22 §782. Penalties
Status: in_force

Any person failing to register pursuant to section 774 or 775 , commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. Any person in violation of section 777 , 778 or 779 commits a civil violation for which a forfeiture not to exceed $250 per violation may be adjudged. Any person who engages in radon testing, advertising or mitigation in violation of this chapter is also in violation of Title 5, chapter 10 . [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 7274 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7274
22 §7274. Binding effect of compact and other laws - Article 14
Status: in_force

1. Other laws. Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states' laws conflicting with this compact are superseded to the extent of the conflict. [PL 2011, c. 217, §1 (NEW).]

2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states. A. All agreements between the interstate commission and the member states are binding in accordance with their terms. [PL 2011, c. 217, §1 (NEW).] B. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 3824 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3824
22 §3824. Credit reporting
Status: in_force

The department may submit the names of obligors and the amounts of overpayments not recouped, repaid or otherwise recovered to a consumer credit reporting agency. The department may submit the name of an obligor and the amount owed only if the amount owed was established by judicial or administrative action, by agreement of the obligor and the department or by operation of law. [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 2675 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2675
22 §2675. No cause of action created
Status: in_force

This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product or device for any harm done to the eligible patient resulting from the investigational drug, biological product or device if the manufacturer or other person or entity is complying in good faith with the provisions of this chapter and has exercised reasonable care. [PL 2015, c. 418, §1 (NEW).]