22 M.R.S. § 3477 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3477
22 §3477. Persons mandated to report suspected abuse, neglect or exploitation
Status: in_force

1. Report required. The following persons immediately shall report to the department when the person knows or has reasonable cause to suspect that an incapacitated or dependent adult has been or is likely to be abused, neglected or exploited: A. While acting in a professional capacity: (1) An allopathic or osteopathic physician; (2) A medical resident or intern; (3) A medical examiner; (4) A physician associate; (5) A dentist, dental hygienist or dental assistant; (6) A chiropractor; (7) A podiatrist; (8) A registered or licensed practical nurse; (9) A certified nursing assistant; (10) A social worker; (11) A psychologist; (12) A pharmacist; (13) A physical therapist; (14) A speech therapist; (15) An occupational therapist; (16) A mental health professional; (17) A law enforcement official, corrections officer or other person holding a certification from the Maine Criminal Justice Academy; (18) Emergency room personnel; (19) An ambulance attendant; (20) An emergency medical technician or other licensed medical service provider; (21) Unlicensed assistive personnel; (22) A humane agent employed by the Department of Agriculture, Conservation and Forestry; (23) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications; (24) A sexual assault counselor; (25) A family or domestic violence victim advocate; (26) A naturopathic doctor; (27) A respiratory therapist; (28) A court-appointed guardian or conservator; or (29) A chair of a professional licensing board that has jurisdiction over mandated reporters; [RR 2025, c. 1, Pt. B, §3 (COR).] B. Any person who has assumed full, intermittent or occasional responsibility for the care or custody of the incapacitated or dependent adult, regardless of whether the person receives compensation; [PL 2011, c. 291, §2 (AMD).] C. Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation; or [PL 2011, c. 291, §2 (AMD).] D. Any person providing transportation services as a volunteer or employee of an agency, business or other entity, whether or not the services are provided for compensation. [PL 2011, c. 291, §2 (NEW).] The duty to report under this subsection applies to individuals who must report directly to the department. A supervisor or administrator of a person making a report under this section may not impede or inhibit the reporting, and a person making a report may not be subject to any sanction for making a report. Internal procedures to facilitate reporting consistent with this chapter and to ensure confidentiality of and apprise supervisors and administrators of reports may be established as long as those procedures are consistent with this chapter. [RR 2025, c. 1, Pt. B, §3 (COR).]

1-A. Permitted reporters. An animal control officer, as defined in Title 7, section 3907, subsection 4 , may report to the department when that person has reasonable cause to suspect that an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation. [PL 2007, c. 139, §1 (NEW).]

2. Reports. Reports regarding abuse, neglect or exploitation must be made immediately by telephone to the department and must be followed by a written report within 48 hours if requested by the department. The reports must contain the name and address of the involved adult; information regarding the nature and extent of the abuse, neglect or exploitation; the source of the report; the person making the report; that person's occupation; and where that person can be contacted. The report may contain any other information that the reporter believes may be helpful. [PL 2003, c. 653, §10 (AMD).]

3. Confidentiality in case of treatment of individual suspected of causing abuse, neglect or exploitation. This section does not require any person acting in that person's professional capacity to report when all of the following requirements are met: A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives from the professional's treatment of the individual suspected of causing the abuse, neglect or exploitation; [PL 1981, c. 705, Pt. E, §2 (NEW).] B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and [PL 1981, c. 705, Pt. E, §2 (NEW).] C. In the opinion of the person required to report, the abused, neglected or exploited adult's life or health is not immediately threatened. [PL 1981, c. 705, Pt. E, §2 (NEW).] [PL 2003, c. 653, §11 (AMD).]

4. Confidentiality in case of treatment of individual suspected of being abused, neglected or exploited. This section does not require any person acting in that person's professional capacity to report when all of the following requirements are met: A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives from the professional's treatment of the individual suspected of being abused, neglected or exploited; [PL 2003, c. 653, §12 (NEW).] B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and [PL 2003, c. 653, §12 (NEW).] C. In the opinion of the person required to report, the individual is not incapacitated and the individual's life or health is not immediately threatened. [PL 2003, c. 653, §12 (NEW).] [PL 2003, c. 653, §12 (NEW).]

5. Permissive reporting of animal cruelty, abuse or neglect. Notwithstanding any other provision of state law imposing a duty of confidentiality, a person listed in subsection 1 may report a reasonable suspicion of animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 . For purposes of this subsection, the reporter shall disclose only such limited confidential information as is necessary for the local animal control officer or animal welfare program employee to identify the animal's location and status and the owner's name and address. For purposes of this subsection, "cruelty, abuse or neglect" has the same meaning as provided in Title 34‑B, section 1901, subsection 1, paragraph B . A reporter under this subsection may assert immunity from civil and criminal liability under Title 34‑B, chapter 1, subchapter 6 . [PL 2007, c. 140, §4 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

6. Photographs of visible trauma. Whenever a person required to report as a staff member of a law enforcement agency or a hospital sees areas of trauma on an incapacitated or dependent adult, that person shall make reasonable efforts to take, or cause to be taken, color photographs of those areas of trauma. A. The taking of photographs must be done with minimal trauma to the incapacitated or dependent adult and in a manner consistent with professional forensic standards. Consent to the taking of photographs is not required from the adult's legal guardian or by a health care power of attorney. [PL 2011, c. 291, §3 (NEW).] B. Photographs must be made available to the department as soon as possible. The department shall pay the reasonable costs of the photographs from funds appropriated for adult protective services. [PL 2011, c. 291, §3 (NEW).] C. The person shall notify the department as soon as possible if that person is unable to take, or cause to be taken, these photographs. [PL 2011, c. 291, §3 (NEW).] D. Designated agents of the department may take photographs of any subject matter when necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to subsequent adult protection proceedings. [PL 2011, c. 291, §3 (NEW).] [PL 2011, c. 291, §3 (NEW).]

7. Information about duty to report. Whenever possible, the department and state licensing boards of professionals required to report under this section shall collaborate to facilitate the dissemination of information regarding the duty to report and the reporting procedure. [PL 2011, c. 291, §4 (NEW).]

8. Training requirement. A person required to make a report under subsection 1, paragraph A shall complete at least once every 4 years mandated reporter training approved by the department. [PL 2023, c. 36, §1 (NEW).]
22 M.R.S. § 1722 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1722
22 §1722. Voluntary restraint (REALLOCATED FROM TITLE 22, SECTION 1721)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 1721)

1. Voluntary restraint. To control the rate of growth of the costs of hospital services, each hospital licensed under chapter 405 may voluntarily restrain cost increases and consolidated operating margins in accordance with this section. Each hospital shall annually report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding its efforts made pursuant to this section. The targets and methodology apply to each hospital’s fiscal year beginning on or after the effective date of this section. A. Each hospital may voluntarily hold its consolidated operating margin to no more than 3%. For purposes of this paragraph, a hospital’s consolidated operating margin is calculated by dividing its consolidated operating income by its total consolidated operating revenue. [RR 2007, c. 2, §9 (RAL).] B. Each hospital may voluntarily restrain its increase in its expense per casemix-adjusted inpatient and volume-adjusted outpatient discharge to no more than 110% of the forecasted increase in the hospital market basket index for the coming federal fiscal year, as published in the Federal Register, when the federal Centers for Medicare and Medicaid Services publishes the Medicare program’s hospital inpatient prospective payment system rates for the coming federal fiscal year. For purposes of this paragraph, the measure of a hospital’s expense per casemix-adjusted inpatient and volume-adjusted outpatient discharge is calculated by: (1) Calculating the hospital’s total hospital-only expenses; (2) Subtracting from the hospital’s total hospital-only expenses the amount of the hospital’s bad debt; (3) Subtracting from the amount reached in subparagraph (2) the hospital taxes paid to the State during the hospital’s fiscal year; and (4) Dividing the amount reached in subparagraph (3) by the product of: (a) The number of inpatient discharges, adjusted by the all payer case mix index for the hospital; and (b) The ratio of total gross patient service revenue to gross inpatient service revenue. For the purposes of this paragraph, a hospital’s total hospital-only expenses include any item that is listed on the hospital’s Medicare cost report as a subprovider, such as a psychiatric unit or rehabilitation unit, and does not include nonhospital cost centers shown on the hospital’s Medicare cost report, such as home health agencies, nursing facilities, swing beds, skilled nursing facilities and hospital-owned physician practices. For purposes of this paragraph, a hospital’s bad debt is as defined and reported in the hospital’s Medicare cost report and as submitted to the Maine Health Data Organization pursuant to chapter 1683 . [PL 2023, c. 405, Pt. A, §51 (AMD).] [PL 2023, c. 405, Pt. A, §51 (AMD).]
22 M.R.S. § 679-B — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 679-B
22 §679-B. Radioactive Waste Fund
Status: in_force

1. Establishment. There is established the Radioactive Waste Fund to be used to carry out the purposes of this chapter. Money allocated from this fund must be administered by the commissioner in accordance with established budgetary procedures and this section. The commissioner may accept state, federal and private funds to be used as appropriate to ensure safe and effective low-level radioactive waste management and to monitor and evaluate plans for storage and disposal of high-level radioactive waste. [PL 1993, c. 664, §10 (NEW).]

2. Service fee; ceiling. Except for waste that is exempt in accordance with subsection 4 , the department shall assess annually by September 1st each low-level radioactive waste generator a service fee on all low-level radioactive waste generated in this State that is shipped to a low-level radioactive waste disposal facility, stored awaiting disposal at such a facility or stored for any other purpose. The service fee must be based 50% on the volume and 50% on the radioactivity of the waste disposed in a disposal facility in the previous calendar year or placed in storage in the previous calendar year if the State did not have access to a disposal facility for that year, but each generator must be assessed a minimum of $100 annually. Each generator must pay this service fee within 30 days, except that any generator may choose to make quarterly payments instead. Any radioactive waste for which a service fee was assessed and collected under this section can not be reassessed for the purposes of this section. The radiation control program within the Division of Health Engineering shall adopt rules in accordance with the Maine Administrative Procedure Act concerning the calculation of the fee and the exemptions to the fee, consistent with this section. [PL 2005, c. 254, Pt. B, §10 (AMD).]

3. Compact fee assessment; ceiling. In addition to the service fee assessed under subsection 2, the commissioner shall annually by September 1st, beginning in 1994, assess any amount necessary to fulfill the payment requirements to the Texas Low-Level Radioactive Waste Disposal Compact Commission pursuant to section 679‑A, subsection 2, paragraph B less any balance carried forward under subsection 6 . The commissioner shall assess each generator such a fee using the same method for computing individual assessments as set out in subsection 2 . Each generator must pay the fee within 30 days, except that any generator may choose to make quarterly payments instead. [PL 1993, c. 664, §10 (NEW).]

4. Fee exemptions. The following types of low-level radioactive waste are exempt from the fees established in subsections 2 and 3 : A. Waste that is authorized by the United States Nuclear Regulatory Commission for disposal without regard to its radioactivity; [PL 1993, c. 664, §10 (NEW).] B. Waste that is authorized by the United States Nuclear Regulatory Commission to be stored at the site of generation for decay and ultimate disposal without regard to its radioactivity; and [PL 1993, c. 664, §10 (NEW).] C. Radioactive waste or other material that is returned to the vendor, including, but not limited to, sealed sources. [PL 1993, c. 664, §10 (NEW).] [PL 1993, c. 664, §10 (NEW).]

5. Allocation from fund. Money in the Radioactive Waste Fund established by this section must be allocated from time to time by the Legislature to the department for administrative and regulatory activities as described in this section. These amounts become available in accordance with Title 5, chapters 141 to 155 . The department may receive and expend federal grants and payments for the purpose of carrying out its duties set out in section 679‑A, subsection 2 . [PL 2007, c. 619, §2 (AMD).]

6. Balance carried forward. Any unexpended balance in the Radioactive Waste Fund may not lapse, but must be carried forward in the same amount for the next fiscal year and must be available for the purposes authorized by this chapter. [PL 1993, c. 664, §10 (NEW).]

7. Financial reports. [PL 2007, c. 619, §3 (RP).]

8. Transfer of funds. Notwithstanding Title 5, section 1585 , funds allocated under this section must be transferred as necessary to accomplish the purposes of this section and Title 38, chapter 14‑A from the department to other agencies, including the Department of Environmental Protection, the Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry and the Maine Land Use Planning Commission. [PL 2013, c. 405, Pt. C, §14 (AMD).]
22 M.R.S. § 801 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 801
22 §801. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 487, §11 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 1989, c. 487, §11 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Communicable disease. "Communicable disease" means an illness or condition due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host. [PL 1989, c. 487, §11 (NEW).]

3. Contact notification program. "Contact notification program" means a program coordinated by the department to encourage any person infected with a communicable disease to identify others who may be at risk as a result of contact with the infected person; or to permit the department to notify those persons who may be at risk to inform them of the risk if the infected person refuses to cooperate. [PL 1989, c. 487, §11 (NEW).]

4. Department. "Department" means the Department of Health and Human Services. [PL 1989, c. 487, §11 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4-A. Extreme public health emergency. "Extreme public health emergency" means the occurrence or imminent threat of widespread exposure to a highly infectious or toxic agent that poses an imminent threat of substantial harm to the population of the State. [PL 2001, c. 694, Pt. B, §1 (NEW); PL 2005, c. 383, §24 (AFF).]

4-B. Environmental disease. "Environmental disease" means any abnormal condition or disorder aggravated or caused by exposure to an environmental hazard. [PL 2005, c. 383, §2 (NEW).]

4-C. Environmental hazard. "Environmental hazard" means chemicals, physical agents, biomechanical stressors and biological toxins that are present in the environment and that have an adverse effect on human health. [PL 2005, c. 383, §2 (NEW).]

4-D. Environmentally related health effects. "Environmentally related health effects" means chronic diseases, birth defects, developmental disabilities and other noninfectious health effects that may be related to exposure to environmental hazards. [PL 2005, c. 383, §2 (NEW).]

4-E. Exposure. "Exposure" means direct contact or interaction with an environmental hazard or toxic agent affecting or being taken into the body. [PL 2005, c. 383, §2 (NEW).]

5. Infected person. "Infected person" means a person who is diagnosed as having a communicable disease or who, after appropriate medical evaluation or testing, is determined to harbor an infectious agent. [PL 1989, c. 487, §11 (NEW).]

6. Local health officer. "Local health officer" means a person who is a municipal official appointed pursuant to section 451 and who is authorized by the department to enforce this chapter. [PL 2007, c. 598, §9 (AMD).]

7. Notifiable disease or condition. "Notifiable disease or condition" means any communicable disease, occupational disease or environmental disease, the occurrence or suspected occurrence of which is required to be reported to the department pursuant to sections 821 to 825 . [PL 2023, c. 412, Pt. UU, §1 (AMD).]

8. Occupational disease. "Occupational disease" means any abnormal condition or disorder, including an occupational injury, caused by exposure to environmental factors associated with employment. [PL 2023, c. 412, Pt. UU, §2 (AMD).]

8-A. Prescribed care. "Prescribed care" means isolation, quarantine, examination, vaccination, medical care or treatment ordered by the department or a court pursuant to section 820 . [PL 2001, c. 694, Pt. B, §2 (NEW); PL 2005, c. 383, §24 (AFF).]

9. Property. "Property" means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property. [PL 1989, c. 487, §11 (NEW).]

10. Public health threat. "Public health threat" means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to a toxic agent or environmental hazard or infection with a notifiable disease or condition. A. A condition poses a public health threat if an infectious or toxic agent or environmental hazard is present in the environment under circumstances that would place persons at significant risk of an adverse effect on a person's health from exposure to or infection with a notifiable disease or condition. [PL 2005, c. 383, §4 (AMD).] B. Behavior by an infected person poses a public health threat if: (1) The infected person engages in behavior that has been demonstrated epidemiologically to create a significant risk of transmission of a communicable disease; (2) The infected person's past behavior indicates a serious and present danger that the infected person will engage in behavior that creates a significant risk of transmission of a communicable disease to another; (3) The infected person fails or refuses to cooperate with a departmental contact notification program; or (4) The infected person fails or refuses to comply with any part of either a cease and desist order or a court order issued to the infected person to prevent transmission of a communicable disease to another. [PL 1989, c. 487, §11 (NEW).] C. Behavior described in paragraph B , subparagraphs (1) and (2) may not be considered a public health threat if the infected person demonstrates that any other person placed at significant risk of becoming infected with a communicable disease was informed of the risk and consented to it. [PL 2005, c. 383, §4 (AMD).] [PL 2005, c. 383, §4 (AMD).]

11. Toxic agent. "Toxic agent" means a chemical or physical substance that, under certain circumstances of exposure, may cause harmful effects to living organisms. [PL 2005, c. 383, §5 (NEW).]
22 M.R.S. § 3788-B — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3788-B
22 §3788-B. ASPIRE-Plus
Status: in_force

The department shall establish an on-the-job training program called ASPIRE-Plus to encourage employers to develop jobs for ASPIRE-TANF program participants. [PL 1997, c. 530, Pt. A, §28 (NEW).]
22 M.R.S. § 4175 — ME Code / Title 22 / Subtitle 3 / Chapter 1152-A / Section 4175
22 §4175. Medical assistance
Status: in_force

1. Medical assistance identification. A child with special needs resident in this State who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State, upon the filing in the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed. [PL 1983, c. 721 (NEW).]

2. Processing and payment of claims. The department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of that holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance. [PL 1983, c. 721 (NEW).]

3. Coverage; benefits. The department shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. The adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed. There shall be no reimbursement for services or benefit amounts covered under any insurance or other 3rd party medical contract or arrangement held by the child or the adoptive parents. The department shall make regulations implementing this subsection. The additional coverage and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, the regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance. [PL 1983, c. 721 (NEW).]

4. False claims. The submission of any claim for payment or reimbursement for services or benefits, pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and subject to the provisions of the Maine Criminal Code and other applicable laws. [PL 1983, c. 721 (NEW).]

5. Application. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance, pursuant to adoption assistance agreements entered into by this State, shall be eligible to receive it in accordance with the laws and procedures applicable thereto. [PL 1983, c. 721 (NEW).]
22 M.R.S. § 686 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 686
22 §686. Conflicting laws
Status: in_force

Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or of state agencies other than the Department of Health and Human Services relating to by-product, source and special nuclear materials, except as provided in sections 678 and 679 , shall not be superseded by this Act, provided that the ordinances or regulations are and continue to be consistent with this Act, amendments thereto and rules thereunder. [PL 1987, c. 493, §8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2523 — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2523
22 §2523. Prohibited acts
Status: in_force

1. Use as human food. A person may not, with respect to livestock, poultry or livestock products or poultry products: A. Slaughter any livestock or poultry or prepare products that are useable as human food at a registered, licensed or official establishment preparing the products solely for intrastate commerce, except in compliance with the requirements of this chapter and the rules adopted pursuant to this chapter; [PL 2021, c. 64, §27 (AMD).] B. In intrastate commerce, sell, transport, offer for sale or transportation or receive for transportation products that are useable as human food and: (1) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation or receipt for transportation; or (2) Have not been inspected and passed, unless the products are exempt from inspection pursuant to rules adopted by the commissioner; or [PL 1999, c. 777, §1 (NEW).] C. With respect to those products that are useable as human food, perform any act, while the products are being transported in intrastate commerce or held for sale after transportation, that is intended to cause or has the effect of causing the products to be adulterated or misbranded. [PL 1999, c. 777, §1 (NEW).] [PL 2021, c. 64, §27 (AMD).]

2. Slaughtered poultry. In intrastate commerce, a person may not sell, transport, offer for sale or transportation or receive for transportation or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the commissioner except as authorized by those rules. [PL 1999, c. 777, §1 (NEW).]

3. Carcasses of horses, mules or other equines or parts of these carcasses. In intrastate commerce, a person may not sell, transport, offer for sale or transportation or receive for transportation any carcasses of horses, mules or other equines or parts of these carcasses, or the meat or meat food products of these carcasses. [PL 2021, c. 64, §28 (AMD).]

4. Denatured. In intrastate commerce, a person may not buy, sell, transport or offer for sale or transportation or receive for transportation livestock products or poultry products that are not intended for use as human food, unless they are denatured or otherwise identified as required by the rules of the commissioner or are naturally inedible by humans. [PL 1999, c. 777, §1 (NEW).]

5. Animals not slaughtered. A person engaged in the business of buying, selling or transporting in intrastate commerce dead, dying, disabled or diseased animals or parts of the carcasses of any animals that died other than by slaughter may not buy, sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce dead, dying, disabled or diseased livestock or poultry or the products of these animals that died other than by slaughter, unless the transaction or transportation is made in accordance with rules that the commissioner may prescribe to ensure that the animals or the unwholesome parts or products are prevented from being used for human food purposes. [PL 1999, c. 777, §1 (NEW).]

6. False information or failure to cooperate. A person commits a Class D crime if the person intentionally or knowingly: A. Makes or causes to be made, a false entry or statement of fact; [PL 1999, c. 777, §1 (NEW).] B. Fails to make correct entries in any report, account, record or memorandum kept by a person that is required by or subject to this chapter; [PL 1999, c. 777, §1 (NEW).] C. Removes out of the jurisdiction of this State or mutilates, alters or by any other means falsifies documentary evidence of a person subject to this chapter; or [PL 1999, c. 777, §1 (NEW).] D. Refuses to submit to the commissioner or to any of the commissioner's authorized agents, for the purpose of inspection and taking copies, documentary evidence of a person, subject to this chapter, in that person's possession or within that person's control. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

7. Report. If a person fails to file an annual or special report as required by this chapter, the commissioner shall notify that person of the failure to report and designate a day by which the report must be received. If the report is not received within 30 days of the designated day, the person shall forfeit $100 to the State for each day beyond the 30-day period. The forfeiture is payable into the State Treasury and is recoverable in a civil suit, in the name of the State, brought in the county where the person has that person's principal office or in the Superior Court. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 2521-B — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2521-B
22 §2521-B. Inspection for use of humane slaughtering methods
Status: in_force

For the purpose of preventing the inhumane slaughtering of livestock, the commissioner shall appoint inspectors to examine and inspect the method by which livestock are slaughtered and handled in connection with slaughter in the registered, licensed or official slaughtering establishments inspected under this chapter. The commissioner may refuse to license or register a slaughtering establishment if the commissioner finds that livestock have been slaughtered or handled in connection with slaughter at the establishment by a method not in accordance with the Humane Methods of Slaughter Act of 1978, 7 United States Code, Sections 1901 to 1906 or not as stated in this section and sections 2521 , 2521‑A and 2521‑C until the establishment furnishes assurances satisfactory to the commissioner that all slaughtering and handling in connection with slaughter of livestock are in accordance with such a method. [PL 2021, c. 64, §26 (AMD).]
22 M.R.S. § 4067 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4067
22 §4067. Permission for participation in school activities
Status: in_force

The department shall develop and disseminate a standard form to be used by school administrative units to authorize participation by children in the custody of the department in school athletics, field trips and other extracurricular activities. This form must be signed once each year by a representative of the department following the enrollment of the child in a school and forwarded to the school administrative unit attended by the child. This form provides the necessary legal permission for the child to participate in such activities. A child in the custody of the department must secure the signature of a caretaker on permission slips for specific activities as do other students in order to ensure notice to the caretaker of the child's participation in those activities. [PL 2005, c. 309, §1 (NEW).]
22 M.R.S. § 2029 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2029
22 §2029. Director
Status: in_force

Every medical laboratory shall have a director who is a legal resident of the State of Maine, except under certain conditions which may be designated by the department. The director shall also possess one of the following qualifications: [PL 1993, c. 600, Pt. B, §14 (AMD).]

1. Certification. Is a physician licensed to practice medicine in the State of Maine, certified by the American Board of Pathology or the American Osteopathic Board of Pathology, or who possesses qualifications acceptable to the department and equivalent to such certification; [PL 1993, c. 600, Pt. B, §14 (AMD).]

2. Special qualifications. Is a physician licensed to practice medicine with special qualifications acceptable to the department; or [PL 1993, c. 600, Pt. B, §14 (AMD).]

3. Qualified persons other than physicians. Has an earned doctorate degree in a chemical, physical or biological science from an accredited institution and either is certified in at least one laboratory specialty by the American Board of Clinical Chemistry, American Board of Medical Microbiology or other national accrediting board acceptable to the department. Medical laboratories directed by persons qualified under this subsection shall only perform those examinations within the scientific area in which members of the staff are trained and certified. [PL 1993, c. 600, Pt. B, §14 (AMD).]

A medical laboratory may not perform examinations in the field of pathologic anatomy, including exfoliative cytology, unless the director or an employee of the laboratory is a diplomate of the American Board of Pathology certified in pathologic anatomy or the American Osteopathic Board of Pathology certified in pathologic anatomy, or unless the director is a physician licensed to practice medicine in the State who possesses special qualifications acceptable to the department, or unless the director is a dentist licensed in Maine and is certified by the American Board of Oral Pathology. [PL 1993, c. 600, Pt. B, §14 (AMD).]
22 M.R.S. § 1555-C — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1555-C
22 §1555-C. Delivery sales of premium cigars
Status: in_force

The following requirements apply to delivery sales of premium cigars within the State beginning October 1, 2009. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).]

1. License required. It is unlawful for any person to accept an order for a delivery sale of premium cigars to a consumer in the State unless that person is licensed under this chapter as a tobacco retailer. The following penalties apply to violations of this subsection. A. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $1,500 may be adjudged for each violation. [PL 2003, c. 444, §2 (NEW).] B. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection 2 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).] [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).]

2. Requirements for accepting order for delivery sale. The following provisions apply to acceptance of an order for a delivery sale of premium cigars. A. When accepting the first order for a delivery sale from a consumer, the tobacco retailer shall obtain the following information from the person placing the order: (1) A copy of a valid government-issued document that provides the person's name, current address, photograph and date of birth; and (2) An original written statement signed by the person documenting that the person: (a) Is of legal age to purchase tobacco products in the State; (c) Understands that providing false information may constitute a violation of law; and (d) Understands that it is a violation of law to purchase premium cigars for subsequent resale or for delivery to persons who are under the legal age to purchase premium cigars. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).] B. If an order is made as a result of advertisement over the Internet, the tobacco retailer shall request the e-mail address of the purchaser and shall receive payment by credit card or check prior to shipping. [PL 2003, c. 444, §2 (NEW).] C. Prior to shipping the premium cigars, the tobacco retailer shall verify the information provided under paragraph A against a commercially available database derived solely from government records consisting of age and identity information, including date of birth. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).] D. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $1,500 may be adjudged for each violation. [PL 2003, c. 444, §2 (NEW).] E. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection 1 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged. [PL 2009, c. 652, Pt. A, §30 (AMD).] [PL 2009, c. 652, Pt. A, §30 (AMD).]

3. Requirements for shipping a delivery sale. [PL 2009, c. 398, §3 (RP); PL 2009, c. 398, §6 (AFF).]

4. Reporting requirements. No later than the 10th day of each calendar month, a tobacco retailer that has made a delivery sale of premium cigars or shipped or delivered premium cigars into the State in a delivery sale in the previous calendar month shall file with the Department of Administrative and Financial Services, Bureau of Revenue Services a memorandum or a copy of each invoice that provides for each delivery sale the name and address of the purchaser and the brand or brands and quantity of premium cigars sold. The following penalties apply to violations of this subsection. A. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $1,500 may be adjudged for each violation. [PL 2003, c. 444, §2 (NEW).] B. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection 1 or 2 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).] [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).]

5. Unlawful ordering. It is unlawful to submit ordering information for premium cigars by delivery sale under subsection 2, paragraph A in the name of another person. A person who violates this subsection commits a civil violation for which a fine of not more than $10,000 may be adjudged. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).]

6. Rulemaking. The department and the Department of Administrative and Financial Services 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 2003, c. 444, §2 (NEW).]

7. Forfeiture. Any premium cigar sold or attempted to be sold in a delivery sale that does not meet the requirements of this section is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title 36, section 4372‑A . [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).]

8. Enforcement. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation of this section is a violation of the Maine Unfair Trade Practices Act. [PL 2003, c. 444, §2 (NEW).]
22 M.R.S. § 3478 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3478
22 §3478. Mandatory reporting to medical examiner for post-mortem investigation
Status: in_force

A person required to report cases of known or suspected abuse or neglect who knows or has reasonable cause to suspect that an adult has died as a result of abuse or neglect shall report that fact to the appropriate authority as provided in section 3026 . An adult may not be considered to be abused or neglected solely because the adult was provided with treatment by spiritual means by an accredited practitioner of a recognized religious organization. [RR 2021, c. 2, Pt. B, §173 (COR).]
22 M.R.S. § 1961 — ME Code / Title 22 / Subtitle 2 / Chapter 408 / Section 1961
22 §1961. Public Health Nursing Program
Status: in_force

There is established within the Department of Health and Human Services, Bureau of Health, the Public Health Nursing Program. [PL 1995, c. 502, Pt. D, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1601 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1601
22 §1601. Permit required
Status: in_force

1. Hazard. The Legislature finds that mass outdoor gatherings frequently create a hazard to the public health, safety and peace. Accordingly, it is deemed to be appropriate and in the interest of the public welfare to regulate the conduct of such gatherings in order to protect the public health and safety. [PL 1977, c. 347, §2 (RPR).]

2. Mass outdoor gatherings. For the purposes of this chapter, a mass outdoor gathering shall be deemed to mean any gathering held outdoors with the intent to attract the continued attendance of 2,000 or more persons for 12 or more hours. [PL 1977, c. 347, §2 (RPR).]

3. Permit required. No person, corporation, partnership, association or group of any kind shall sponsor, promote or conduct a mass outdoor gathering until a permit has been obtained from the Commissioner of Health and Human Services. [PL 1977, c. 347, §2 (RPR); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 1346 — ME Code / Title 22 / Subtitle 2 / Chapter 252-B / Section 1346
22 §1346. Official poison control center
Status: in_force

1. Designation. The Maine Poison Center, located at the Maine Medical Center, is the official state poison control center. [PL 1999, c. 731, Pt. YYY, §1 (NEW).]

2. Services. The Maine Poison Center shall provide clinical toxicology services through critical expertise and assistance in the diagnosis and management of poisonings. [PL 1999, c. 731, Pt. YYY, §1 (NEW).]

3. Certification. The Maine Poison Center is encouraged to achieve certification from a national association of poison control centers by May 1, 2003. The Maine Poison Center shall achieve certification from a national association of poison control centers not later than December 1, 2004. [PL 1999, c. 731, Pt. YYY, §1 (NEW).]

4. Alternative funding sources. The Maine Poison Center shall seek funding from other sources to fully support the level of services it offers. [PL 1999, c. 731, Pt. YYY, §1 (NEW).]
22 M.R.S. § 7266 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7266
22 §7266. Interstate commission - Article 6
Status: in_force

The member states hereby create the Interstate Prescription Monitoring Program Commission to govern the compact. The interstate commission is composed of the member states and not a 3rd-party group or federal agency. The activities of the commission are the formation of public policy and are a discretionary state function. [PL 2011, c. 217, §1 (NEW).]

1. Body corporate. The commission is a body corporate and joint agency of the member states and has all the responsibilities, powers and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. [PL 2011, c. 217, §1 (NEW).]

2. Composition. The commission consists of one voting representative from each member state who is that member state's appointed commissioner and who is empowered to determine statewide policy related to matters governed by this compact. The commissioner must be a policy maker within the agency that houses the member state's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).]

3. Nonvoting advisor. In addition to the commissioner, a member state shall appoint a nonvoting advisor who is a representative of the member state's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).]

4. Members of interested organizations. In addition to the voting representatives and nonvoting advisor of each member state, the commission may include persons who are not voting representatives, but who are members of interested organizations as determined by the commission. [PL 2011, c. 217, §1 (NEW).]

5. Each member state entitled to one vote. Each member state represented at a meeting of the commission is entitled to one vote. A majority of the member states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws. A representative may not delegate a vote to another member state. In the event a commissioner is unable to attend a meeting of the commission, the appropriate appointing authority may delegate voting authority to another person from that member state for a specified meeting. The bylaws may provide for meetings of the commission to be conducted by electronic communication. [PL 2011, c. 217, §1 (NEW).]

6. Meetings. The commission shall meet at least once each calendar year. The chair of the commission may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. [PL 2011, c. 217, §1 (NEW).]

7. Executive committee. The commission shall establish an executive committee, which must include officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the commission, with the exception of rulemaking. During periods when the commission is not in session the executive committee shall oversee the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as determined necessary. [PL 2011, c. 217, §1 (NEW).]

8. Committee structure. The commission shall maintain a committee structure for governance in areas including but not limited to policy, compliance, education and technology and shall include specific opportunities for stakeholder input. [PL 2011, c. 217, §1 (NEW).]

9. Records available to public. The commission's bylaws and rules must establish conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure information or official records that would adversely affect personal privacy rights or proprietary interests. [PL 2011, c. 217, §1 (NEW).]

10. Public notice of meetings; meetings open to public. The commission shall provide public notice of all meetings and all meetings must be open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission may close a meeting, or portion of a meeting, when it determines by a 2/3 vote of the members present that discussions at the open meeting would be likely to: A. Relate solely to the commission's internal personnel practices and procedures; [PL 2011, c. 217, §1 (NEW).] B. Concern matters specifically exempted from disclosure by federal and state statute; [PL 2011, c. 217, §1 (NEW).] C. Concern trade secrets or commercial or financial information that is privileged or confidential; [PL 2011, c. 217, §1 (NEW).] D. Involve accusing a person of a crime or formally censuring a person; [PL 2011, c. 217, §1 (NEW).] E. Concern information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; [PL 2011, c. 217, §1 (NEW).] F. Concern investigative records compiled for law enforcement purposes; or [PL 2011, c. 217, §1 (NEW).] G. Specifically relate to the commission's participation in a civil action or other legal proceeding. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

11. Requirements for meeting closed to public. For a meeting or portion of a meeting closed pursuant to subsection 10 , the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptive provision. The commission shall keep minutes that must fully and clearly describe all matters discussed in a meeting and must provide a full and accurate summary of actions taken and the reasons for those actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in these minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 3174-I — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-I
22 §3174-I. Medicaid eligibility determinations for applicants to nursing homes
Status: in_force

1. Needs assessment. In order to determine the most cost-effective and clinically appropriate level of long-term care services, the department or its designee shall assess the medical and social needs of each applicant to a nursing facility. If the department chooses a designee to carry out assessments under this section, it shall ensure that the assessments are comprehensive and objective. A. The assessment must be completed prior to admission or, if necessary for reasons of the person's health or safety, as soon after admission as possible. [PL 1993, c. 410, Pt. FF, §10 (AMD); PL 1993, c. 410, Pt. FF, §19 (AFF).] B. The department shall determine whether the services provided by the facility are medically and socially necessary and appropriate for the applicant and, if not, what other services, such as home and community-based services, would be more clinically appropriate and cost effective. [PL 1993, c. 410, Pt. FF, §10 (AMD); PL 1993, c. 410, Pt. FF, §19 (AFF).] B-1. For persons with severe cognitive impairments who have been assessed and found ineligible for nursing facility level care, the department, through its community options unit, shall review the assessment and provide case management to assist consumers and caregivers to receive appropriate services. [PL 2011, c. 657, Pt. BB, §2 (AMD).] B-2. The department shall establish additional assessment practices and related policies for persons with Alzheimer's disease and other dementias as follows. (1) For persons who have been assessed using the department's primary assessment instrument and found to have cognitive or behavioral difficulties but who do not require nursing intervention with the frequency necessary to qualify for nursing facility level of care, the department shall administer a supplemental dementia assessment for those persons with cognitive and behavioral impairments. By May 1, 1996, the criteria reflected in this supplemental dementia assessment and the scoring mechanism must be incorporated into rules adopted by the department in consultation with consumers, providers and other interested parties. The assessment criteria proposed in the rulemaking must consider, but are not limited to, the following: orientation, memory, receptive communication, expressive communication, wandering, behavioral demands on others, danger to self or others and awareness of needs. (2) The department shall reimburse a nursing facility for individuals who are eligible for care based on the supplemental dementia assessment only if the nursing facility demonstrates a program of training in the care of persons with Alzheimer's disease and other dementias for all staff responsible for the care of persons with these conditions. The department, in consultation with consumers, providers and interested parties, shall develop the requirements for training and adopt rules containing those requirements. By July 1, 1997, the department, in consultation with consumers, providers and interested parties, shall adopt rules establishing the standards for treatments, services and settings to meet the needs of individuals who have Alzheimer's disease and other dementias. These standards must apply to all levels of care available to such individuals. (3) No later than January 15, 1997, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human service matters on the extent to which the use of the supplemental dementia assessment has expanded medical eligibility for nursing facility care to include persons with Alzheimer's disease or other dementias. (4) Rules adopted pursuant to this subsection are major substantive rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1995, c. 687, §1 (NEW).] C. The department shall inform both the applicant and the administrator of the nursing facility of the department's determination of the services needed by the applicant and shall provide information and assistance to the applicant in accordance with subsection 1‑A . [PL 1993, c. 410, Pt. FF, §10 (AMD); PL 1993, c. 410, Pt. FF, §19 (AFF).] D. [PL 1995, c. 170, §2 (RP).] E. The department shall perform a reassessment of the individual's medical needs when the individual becomes financially eligible for Medicaid benefits. (1) If the individual, at both the admission assessment and any reassessment, is determined not to be medically eligible for the services provided by the nursing facility, and is determined not to be medically eligible at the time of the determination of financial eligibility, the nursing facility is responsible for providing services at no cost to the individual until such time as a placement at the appropriate level of care becomes available. After a placement becomes available at an appropriate level of care, the nursing facility may resume billing the individual for the cost of services. (2) If the individual is initially assessed as needing the nursing facility's services under the assessment criteria and process in effect at the time of admission or is admitted as covered by Medicare for nursing facility services, but is reassessed as not needing those services at the time the individual is found financially eligible, then the department shall reimburse the nursing facility for services it provides to the individual in accordance with the principles of reimbursement for residential care facilities adopted by the department pursuant to section 3173 . In calculating the fixed-cost component of per diem rates for nursing facility services, the department shall exclude days of service for which reimbursement is provided under this subparagraph. [PL 1995, c. 696, Pt. B, §1 (AMD).] F. Prior to performing assessments under this section, the department shall develop and disseminate to all nursing facilities and the public the specific standards the department will use to determine the medical eligibility of an applicant for admission to the nursing facility. A copy of the standards must be provided to each person for whom an assessment is conducted. In designing and phasing in the preadmission assessment under this section, the department shall collaborate with interested parties, including but not limited to consumers, nursing facility operators, hospital operators and home and community-based care providers. [PL 1995, c. 170, §2 (AMD).] G. A determination of medical eligibility under this section is final agency action for purposes of the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 498 (NEW).] [PL 2011, c. 657, Pt. BB, §2 (AMD).]

1-A. Information and assistance. If the assessment performed pursuant to subsection 1 finds the level of nursing facility care clinically appropriate, the department shall determine whether the applicant also could live appropriately and cost-effectively at home or in some other community-based setting if home-based or community-based services were available to the applicant. If the department determines that a home or other community-based setting is clinically appropriate and cost-effective, the department shall: A. Advise the applicant that a home or other community-based setting is appropriate; [PL 1993, c. 410, Pt. FF, §11 (NEW); PL 1993, c. 410, Pt. FF, §19 (AFF).] B. Provide a proposed care plan and inform the applicant regarding the degree to which the services in the care plan are available at home or in some other community-based setting and explain the relative cost to the applicant of choosing community-based care rather than nursing facility care; and [PL 1993, c. 410, Pt. FF, §11 (NEW); PL 1993, c. 410, Pt. FF, §19 (AFF).] C. Offer a care plan and case management services to the applicant on a sliding scale basis if the applicant chooses a home-based or community-based alternative to nursing facility care. [PL 1993, c. 410, Pt. FF, §11 (NEW); PL 1993, c. 410, Pt. FF, §19 (AFF).] The department may provide the services described in this subsection directly or through private agencies. [PL 1995, c. 170, §3 (AMD).]

1-B. Notification by hospitals. Whenever a hospital determines that a patient will require long-term care services upon discharge from the hospital, the hospital shall notify the department prior to discharge that long-term care services are indicated and that a preadmission assessment must be performed under this section. [PL 1995, c. 170, §3 (AMD).]

2. Assessment for mental illness, intellectual disability, autism or related conditions. The department shall assess every applicant to a nursing facility to screen for mental illness, intellectual disability, autism or other related conditions in accordance with the federal Nursing Home Reform Act, Public Law 100-203, Section 4211, 42 United States Code, Section 1396r. Such assessments are intended to increase the probability that any individual who has an intellectual disability, autism or other related condition or a mental illness will receive active treatment for that individual's condition. [PL 2011, c. 542, Pt. A, §33 (AMD).]

3. Rules. The Department of Health and Human Services shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , to implement this section. [PL 1989, c. 498 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1815-A — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1815-A
22 §1815-A. Nursing home surcharge
Status: in_force

In addition to the fee in section 1815 , an application for a license to operate a nursing home must be accompanied by a nonrefundable surcharge of $5 for each bed contained within the facility. The surcharge must be deposited in the General Fund. [PL 1991, c. 765, §1 (NEW).]
22 M.R.S. § 4303 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4303
22 §4303. Prosecution and defense of towns
Status: in_force

For all purposes provided for in this chapter, the overseers or any person appointed by them in writing may prosecute and defend a town. [PL 1983, c. 577, §1 (NEW).]
22 M.R.S. § 7701 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7701
22 §7701. Definitions
Status: in_force

1. Children. As used in this subtitle, the word "children" means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101 , 8201 or 8301‑A , that provides services to these children. [PL 1997, c. 494, §4 (AMD); PL 1997, c. 494, §15 (AFF).]

2. Facility. As used in this subtitle, the word "facility" means any of the places described in section 7801 or defined in section 8001, 8101 , 8201 or 8301‑A, subsection 1‑A, paragraph B. [PL 2025, c. 305, Pt. A, §3 (AMD).]

3. Abuse or neglect. For purposes of section 7703 , "abuse or neglect," in the case of children refers to the definition found in section 4002, subsection 1 . In the case of adults, "abuse" and "neglect" refers to the definitions found in section 3472, subsections 1 and 11 , and also incorporates exploitation, as defined in section 3472, subsection 9 . [PL 1985, c. 437, §3 (NEW).]

4. Division. As used in section 7707 , "division" means the Department of Health and Human Services, Division of Licensing and Regulatory Services. [PL 2015, c. 278, §1 (NEW).]

5. Reportable incident. As used in section 7707 , "reportable incident" means: A. A child's death that occurs while the child is in the care of an entity required to report under section 7707, subsection 1 ; and [PL 2015, c. 278, §1 (NEW).] B. An injury or trauma to a child that occurs while the child is in the care of an entity required to report under section 7707, subsection 1 and results in the transportation of the child to a hospital by emergency medical services personnel. [PL 2015, c. 278, §1 (NEW).] [PL 2015, c. 278, §1 (NEW).]
22 M.R.S. § 2676 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2676
22 §2676. Clinical trial coverage
Status: in_force

This chapter does not affect the mandatory health care coverage for participation in clinical trials pursuant to Title 24-A, section 4310 . [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 3874 — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3874
22 §3874. Fiscal agents
Status: in_force

A fiscal agent receiving grants or funds under this chapter shall act only in an administrative capacity to receive and distribute grant or fund money to the child abuse and neglect prevention councils, as described in the rules adopted by the department for regulating the local administration of these programs. [PL 2009, c. 204, §7 (AMD).]
22 M.R.S. § 7863 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7863
22 §7863. Reimbursement for residential care facilities; room and board costs
Status: in_force

1. New construction, acquisitions and renovations. Notwithstanding any other law to the contrary, the department shall permit a capital expenditure by a residential care facility for new construction, an acquisition or a renovation that is less than $500,000 and shall provide reimbursement to the facility for the capital expenditure without prior approval. The department shall permit a residential care facility to seek and obtain approval for a capital expenditure that exceeds $500,000. The department shall require that capital expenditures for energy efficiency improvements, for replacement equipment, for information systems, for communications systems and for parking lots and garages be permitted without prior approval and not be counted toward the determination of the $500,000 threshold. [PL 2017, c. 304, §1 (NEW).]

2. Extraordinary circumstance allowance. A residential care facility that experiences an unforeseen and uncontrollable event during a year that results in unforeseen or uncontrollable increases in expenses may request an adjustment to a prospective rate in the form of an extraordinary circumstance allowance. As used in this subsection, "extraordinary circumstance" includes, but is not limited to, an event of a catastrophic nature, an increase in minimum wage or social security expenses or employee retirement contribution expenses in lieu of social security expenses, a change in the number of licensed beds and a change in licensure or accreditation requirements. If the department concludes that an extraordinary circumstance existed, the department shall make an adjustment in the form of a supplemental allowance. The department shall determine from the nature of the extraordinary circumstance whether the extraordinary circumstance will have a continuing impact and whether the allowance should be included in the computation of the base rate for the succeeding year. Reimbursement to a residential care facility for additional costs arising from an extraordinary circumstance must be paid via a supplemental payment that is added to the per diem reimbursement rate until the department adjusts the direct care price, the routine limit and the personal care services limit, as applicable, to fairly and properly reimburse a facility for these costs. [PL 2017, c. 304, §1 (NEW).]

3. Regulatory compliance costs. Costs incurred by a residential care facility to comply with changes in federal or state laws, regulations and rules or local ordinances and not otherwise specified in rules adopted by the department are considered reasonable and necessary costs. Reimbursement for these additional regulatory costs must be paid via a supplemental payment that is added to the per diem rate until the department adjusts the direct care price, the routine limit and the personal care services limit, as applicable, to fairly and properly reimburse facilities for these costs. [PL 2017, c. 304, §1 (NEW).]

4. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 304, §1 (NEW).]
22 M.R.S. § 3949 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3949
22 §3949. Return of custody
Status: in_force

1. Petition; best interests of Indian child. Notwithstanding any provision of law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of section 3945 , that the return of custody is not in the best interests of the Indian child. [PL 2023, c. 359, §5 (NEW).]

2. Removal from foster care placement; procedure. Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care placement or preadoptive or adoptive placement, the placement must be in accordance with the provisions of this chapter, except for a case in which an Indian child is being returned to the parent or Indian custodian from whose custody the Indian child was originally removed. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 2430-M — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-M
22 §2430-M. Voluntary surrender and destruction
Status: in_force

A registered caregiver, dispensary, cannabis testing facility or manufacturing facility may elect to voluntarily surrender cannabis plants, cannabis or cannabis products to the department for destruction under the following conditions. [PL 2023, c. 365, §24 (NEW).]

1. Request. A registered caregiver's, dispensary's, cannabis testing facility's or manufacturing facility's request to surrender cannabis plants, cannabis or cannabis products to the department for destruction must be made on a form made available by the department and must be signed by a person who certifies that the person is an authorized representative of the registered caregiver, dispensary, cannabis testing facility or manufacturing facility. [PL 2023, c. 365, §24 (NEW).]

2. Investigation or prosecution. The department may decline to accept cannabis plants, cannabis or cannabis products for destruction under this section if the department is aware of a pending investigation of the registered caregiver, dispensary, cannabis testing facility or manufacturing facility submitting the request until such time as the department confirms with the appropriate criminal justice agency that the cannabis plants, cannabis or cannabis products are not part of an ongoing investigation or prosecution. [PL 2023, c. 365, §24 (NEW).]
22 M.R.S. § 2500 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2500
22 §2500. Suspension or revocation; appeals
Status: in_force

When the department believes a license should be suspended or revoked, it shall file a complaint with the District Court in conformity with the Maine Administrative Procedure Act. A person aggrieved by the refusal of the department to issue a license may request a hearing in conformity with the Maine Administrative Procedure Act. [PL 1977, c. 694, §352 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

Whenever, upon inspection, conditions are found which violate this chapter or regulations adopted thereunder, or which may endanger the life, health or safety of persons living in or attending any licensed establishment under this chapter, the department may request an emergency suspension of license of the District Court pursuant to Title 4, section 184, subsection 6 , and the court may grant suspension subject to reinstatement following a hearing before the court if cause is not shown. [PL 1999, c. 547, Pt. B, §41 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
22 M.R.S. § 2143 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2143
22 §2143. License required
Status: in_force

Effective July 1, 1984, no home health care provider may provide home health services without having, subject to this chapter and to the rules promulgated by the department under this chapter, a written license therefor from the department. [PL 1983, c. 570 (NEW).]
22 M.R.S. § 2961 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2961
22 §2961. Facilitation of anatomical gift from decedent in Chief Medical Examiner cases
Status: in_force

1. Release of information. Subject to section 3022, subsections 8 and 13 , upon request of a procurement organization, the Chief Medical Examiner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the Chief Medical Examiner pursuant to chapter 711 . If the decedent's body or part is medically suitable for transplantation, therapy, research or education, the Chief Medical Examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the Chief Medical Examiner only if relevant to transplantation, therapy or with the express authorization of the Chief Medical Examiner, if relevant to research. [PL 2007, c. 601, §2 (NEW).]

2. Medicolegal examination. The Chief Medical Examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results and other information that any person possesses about a prospective donor or a donor whose body is under the jurisdiction of the Chief Medical Examiner that the Chief Medical Examiner determines may be relevant to the investigation. [PL 2007, c. 601, §2 (NEW).]

3. Provision of information. A person that has any information requested by the Chief Medical Examiner pursuant to subsection 2 shall provide that information as expeditiously as possible to allow the Chief Medical Examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for purposes of transplantation, therapy, research or education. [PL 2007, c. 601, §2 (NEW).]

4. Removal not interfering with examination. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the Chief Medical Examiner and a postmortem examination is not required, or the Chief Medical Examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the Chief Medical Examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for purposes of transplantation, therapy, research or education. [PL 2007, c. 601, §2 (NEW).]

5. Removal may interfere with examination. If an anatomical gift of a part from a decedent under the jurisdiction of the Chief Medical Examiner has been or might be made, but the Chief Medical Examiner believes that the recovery of the part may interfere with the postmortem investigation as required by chapter 711 , the Chief Medical Examiner shall make a reasonable effort to consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery in an effort to facilitate recovery consistent with discharge of the obligations of the Chief Medical Examiner. [PL 2007, c. 601, §2 (NEW).]

6. If recovery denied. If the Chief Medical Examiner or designee denies recovery, the Chief Medical Examiner or designee shall provide the specific reasons for not allowing recovery of the part to the procurement organization. [PL 2007, c. 601, §2 (NEW).]

7. Record provided to Chief Medical Examiner. If the Chief Medical Examiner or designee allows recovery of a part under subsection 4 or 5 , upon request the procurement organization shall cause the physician or technician who removes the part to provide the Chief Medical Examiner with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the postmortem examination. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1723 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1723
22 §1723. Processing fee
Status: in_force

Beginning October 1, 2010, a facility or health care provider subject to the licensing, certification or registration processes of this chapter or chapter 405 , 411 , 412 , 417 or 419 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license, certificate or registration when the licensee, certificate holder or registration holder made changes that require the reissuance of a license, certificate or registration. [PL 2009, c. 590, §1 (NEW).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 590, §1 (NEW).] Revisor's Note: §1723. Criminal background checks (As enacted by PL 2009, c. 621, §1 is REALLOCATED TO TITLE 22, SECTION 1724)
22 M.R.S. § 1719 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1719
22 §1719. Patients' rights
Status: in_force

This section applies to hospitals licensed pursuant to chapter 405 that are nonstate mental health institutions as defined in Title 34‑B, section 3801, subsection 6 and that are not subject to the grievance procedures of the Department of Behavioral and Developmental Services. [PL 2003, c. 649, §1 (NEW).]

1. Adoption of rules. The commissioner shall adopt rules for the enhancement and protection of the rights of adult patients receiving inpatient mental health services from a hospital subject to the requirements of this section. The commissioner shall hold a public hearing before adopting rules under this section and shall give notice of the public hearing pursuant to Title 5, section 8053 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 649, §1 (NEW).]

2. Rights protected. The rules adopted pursuant to subsection 1 must meet the requirements of Title 34‑B, section 3003, subsection 2, paragraphs A to K and must provide for the same opportunity for hearing and type of hearing as described in rules of the Department of Behavioral and Developmental Services relating to grievances filed by adult mental health consumers. [PL 2003, c. 649, §1 (NEW).]

3. Delegation. The department shall delegate to the Department of Behavioral and Developmental Services responsibility for hearing and resolving all grievances that are submitted in a timely manner by patients receiving inpatient mental health services in hospitals subject to the requirements of this section. [PL 2003, c. 649, §1 (NEW).]

4. Final agency action. Final resolution of a grievance by the Department of Behavioral and Developmental Services under the rules adopted pursuant to subsection 1 is the final agency action of the department for the purposes of judicial review under Title 5, section 11001 . [PL 2003, c. 649, §1 (NEW).]
22 M.R.S. § 2423-F — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2423-F
22 §2423-F. Cannabis manufacturing facilities
Status: in_force

A person may not manufacture cannabis products or cannabis concentrate or engage in cannabis extraction except as provided in this chapter. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

1. Tier 1 manufacturing facility. A tier 1 manufacturing facility registered pursuant to subsection 8 may engage in the activities authorized under subsection 4 in accordance with rules adopted pursuant to subsection 10 and may possess up to 40 pounds of harvested cannabis. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

2. Tier 2 manufacturing facility. A tier 2 manufacturing facility registered pursuant to subsection 8 may engage in the activities authorized under subsection 4 in accordance with rules adopted pursuant to subsection 10 and may possess up to 200 pounds of harvested cannabis. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

3. Authorization for extraction using inherently hazardous substances. This subsection governs the authority of a person to engage in cannabis extraction using inherently hazardous substances in accordance with subsection 5 . A. A qualifying patient, caregiver, registered dispensary or manufacturing facility may engage in cannabis extraction using inherently hazardous substances if the person can produce, upon demand of the department: (1) Certification from a professional engineer licensed in this State of the safety of the equipment used for cannabis extraction and the location of the equipment and the professional engineer's approval of the standard operating procedures for the cannabis extraction; (2) Documentation from a professional engineer licensed in this State or a state or local official authorized to certify compliance that the equipment used for cannabis extraction and the location of the equipment comply with state law and all applicable local and state building codes, electrical codes and fire codes, including the chapters of the most recent National Fire Protection Association Fire Code relating to cannabis extraction facilities; (3) Documentation from the manufacturer of the cannabis extraction system or a professional engineer licensed in this State showing that a professional grade, closed-loop extraction system that is capable of recovering the solvents used to produce cannabis concentrate is used by the person; and (4) Evidence that the person has provided notice to the department of the person's intent to engage in cannabis extraction using inherently hazardous substances and the location where the cannabis extraction will occur prior to engaging in cannabis extraction using inherently hazardous substances. A person that intends to engage in cannabis extraction using inherently hazardous substances shall notify the department of that intention prior to engaging in cannabis extraction using inherently hazardous substances. The department may deny an application of a person authorized under this paragraph to register pursuant to rules adopted under subsection 10 if the person did not notify the department in accordance with this paragraph. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] B. A person that is not a qualifying patient, caregiver or dispensary and that meets the requirements of a person authorized under paragraph A , pays the fee required by section 2425‑A, subsection 10 and meets the requirements of rules adopted under subsection 10 is authorized to engage in cannabis extraction using inherently hazardous substances and may possess up to 40 pounds of harvested cannabis in accordance with subsection 5 . [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

4. Authorized conduct; manufacturing facilities. A registered manufacturing facility: A. May manufacture cannabis products and cannabis concentrate for medical use using any method that does not involve an inherently hazardous substance, except that a registered manufacturing facility may manufacture cannabis concentrate using inherently hazardous substances if authorized under subsection 3 ; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] B. May obtain harvested cannabis from a qualifying patient, a caregiver or a registered dispensary and may transfer cannabis products and cannabis concentrate to the person that provided the harvested cannabis used to manufacture the cannabis product or cannabis concentrate; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] C. May transfer samples to a cannabis testing facility for testing; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] D. May conduct testing of cannabis products or cannabis concentrate manufactured by the facility for research and development purposes; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] E. May receive reasonable compensation for manufacturing cannabis products or cannabis concentrate; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] F. Shall dispose of harvested cannabis used in the manufacturing process in a manner that prevents its diversion to persons not authorized to possess harvested cannabis possessed by the facility and in accordance with rules adopted by the department; and [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] G. May hire any number of assistants who are 21 years of age or older to assist in performing the duties of the manufacturing facility. [PL 2021, c. 367, §8 (AMD).] [PL 2021, c. 367, §8 (AMD); PL 2021, c. 669, §5 (REV).]

5. Authorized conduct; extraction using inherently hazardous substances. A person that is authorized to engage in cannabis extraction using inherently hazardous substances pursuant to subsection 3 : A. May engage in cannabis extraction to produce cannabis concentrate for medical use; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] B. May obtain harvested cannabis from a qualifying patient, a caregiver or a dispensary and may transfer cannabis concentrate to the person that provided the harvested cannabis used to produce the cannabis concentrate; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] C. May transfer samples to a cannabis testing facility for testing; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] D. May conduct testing of cannabis concentrate produced by the person for research and development purposes; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] E. May receive reasonable compensation for producing cannabis concentrate; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] F. Shall dispose of harvested cannabis used in the extraction process in a manner that prevents its diversion to persons not authorized to possess harvested cannabis possessed by the person and in accordance with rules adopted by the department; and [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] G. May hire any number of assistants who are 21 years of age or older to assist in performing the activities authorized under this subsection, except that a qualifying patient authorized under subsection 3 may not hire an assistant. [PL 2021, c. 367, §9 (AMD).] Notwithstanding the authorizations established in this subsection, a person that is authorized to engage in cannabis extraction using inherently hazardous substances pursuant to subsection 3 shall comply with any rules adopted pursuant to subsection 10 . [PL 2021, c. 367, §9 (AMD); PL 2021, c. 669, §5 (REV).]

6. Retail sale prohibited. A registered manufacturing facility or a person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 may not engage in retail sales of cannabis products or cannabis concentrate unless the person is authorized to engage in retail sales under this chapter. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

7. Food establishment license required to manufacture food products. A registered manufacturing facility or a person authorized to produce cannabis concentrate using inherently hazardous substances may not manufacture edible cannabis products or cannabis tinctures unless licensed pursuant to section 2167 . [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

8. Registration requirements. This subsection governs registration requirements of a manufacturing facility or a person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 and the officer or director or assistant of the facility or person. A. In accordance with rules adopted under subsection 10 , the department shall register and issue a registration certificate with a registry identification number to a manufacturing facility or a person authorized to engage in cannabis extraction within 30 days to the facility or person if the facility or person provides: (1) The annual fee required pursuant to section 2425‑A, subsection 10 ; (2) The legal name of the facility or person and, if incorporated, evidence of incorporation and evidence that the corporation is in good standing with the Secretary of State; (3) The physical address of the facility or person or the physical address where an applicant who is an individual will engage in the activities authorized under this section. If the facility or person changes its physical location, or if a person registered under this subsection changes the location at which the person engages in activities authorized under this section, the facility or person shall notify the department of the new location; and (4) The name, address and date of birth of each officer or director of the facility or person. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] B. In accordance with rules adopted under subsection 10 , the department shall issue registry identification cards to the officer or director or assistant of a registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances within 5 business days of approving an application or renewal under this subsection. A registry identification card is required to be issued to an officer or director or assistant of a registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances. A registry identification card expires one year after the date of issuance. A registry identification card issued under this paragraph must contain: (1) The name of the cardholder; (2) The date of issuance and expiration date of the registry identification card; and (3) A random identification number that is unique to the cardholder. The department may not issue a registry identification card to an officer or director or assistant of a registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances who has been convicted of a disqualifying drug offense. The department shall conduct a criminal history record check of each person, officer or director or assistant subject to this subsection on an annual basis. If the department determines not to issue a registry identification card for a person, officer or director or assistant, the department shall notify the registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances in writing of the reason for denying the registry identification card. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

9. Packaging and labeling requirements. A manufacturing facility shall package and label its cannabis products and cannabis concentrate prior to transfer from the manufacturing facility in a form intended for use or consumption by a qualifying patient in tamper-evident packaging and with a label that includes the following information: A. The registry identification number of the manufacturing facility; [PL 2019, c. 331, §17 (RPR).] B. Information that allows the provider of the cannabis to the manufacturing facility to confirm that the cannabis provided was used to manufacture the cannabis product or cannabis concentrate transferred back to that provider; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] C. Ingredients other than material derived from cannabis plants contained in the cannabis product or cannabis concentrate; and [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] D. Any chemicals, solvents or other substances used to manufacture the cannabis product or cannabis concentrate. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

10. Rulemaking. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A , governing manufacturing facilities, including but not limited to: A. Requirements for the registration of a manufacturing facility and an officer or director or assistant of a registered manufacturing facility; [PL 2019, c. 331, §17 (RPR).] B. Requirements for engaging in cannabis extraction using inherently hazardous substances; [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] C. Manufacturing facility officer or director qualification requirements; [PL 2019, c. 331, §17 (RPR).] D. Required security for manufacturing facilities; [PL 2019, c. 331, §17 (RPR).] E. Requirements of a disposal plan for harvested cannabis used in the manufacturing process; and [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] F. Minimum record-keeping requirements. [PL 2021, c. 367, §10 (AMD).] G. [PL 2019, c. 331, §17 (RP).] The failure of the department to adopt rules under this subsection does not prevent a person authorized pursuant to subsection 3, paragraph A from engaging in conduct authorized under this section. [PL 2021, c. 367, §10 (AMD); PL 2021, c. 387, §5 (AMD); PL 2021, c. 669, §5 (REV).]

11. Multiple authorizations. A manufacturing facility or person registered pursuant to subsection 8 may also be a qualifying patient, a caregiver or a registered dispensary. A manufacturing facility or person authorized to possess cannabis under this chapter may possess the amount allowed for that manufacturing facility or person in addition to the possession amount allowed under this section if the manufacturing facility or person is registered pursuant to this section. The cannabis possessed must be distinguishable with respect to the purposes for which it is authorized to be possessed. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

12. Record keeping. A registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 shall maintain records of all transactions in accordance with section 2430‑J. [PL 2023, c. 679, Pt. A, §8 (AMD).]

13. Colocation of facilities. A manufacturing facility that is also licensed as an adult use cannabis products manufacturing facility under Title 28‑B, chapter 1 may manufacture cannabis products and cannabis concentrate for adult use within the same facility in which the licensee also manufactures cannabis products or cannabis concentrate for medical use pursuant to this chapter. The following items or areas within the shared facility may be shared for both manufacturing pursuant to this chapter and pursuant to Title 28‑B, chapter 1 : A. Manufacturing-related and nonmanufacturing-related equipment, except that manufacturing-related equipment may not be simultaneously used for manufacturing pursuant to this chapter and pursuant to Title 28‑B, chapter 1 ; [PL 2019, c. 331, §17 (RPR).] B. Manufacturing-related and nonmanufacturing-related supplies or products not containing harvested cannabis and the storage areas for those supplies or products; and [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] C. General office space, bathrooms, entryways and walkways. [PL 2019, c. 331, §17 (RPR).] [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).]

14. Immunity. [PL 2019, c. 331, §17 (RP).]
22 M.R.S. § 1632 — ME Code / Title 22 / Subtitle 2 / Chapter 266 / Section 1632
22 §1632. Enclosure of swimming pool required
Status: in_force

A fence shall be erected and maintained around every swimming pool, except that portable above-ground swimming pools with sidewalls of at least 24 inches in height are exempted. A dwelling house or accessory building may be used as part of this enclosure. All gates or doors opening through this enclosure shall be capable of being securely fastened at all times when not in actual use. [PL 1983, c. 436 (NEW).]
22 M.R.S. § 5306 — ME Code / Title 22 / Subtitle 4 / Chapter 1471 / Section 5306
22 §5306. Agreements with community agencies
Status: in_force

All funds disbursed by the department to a community agency for the purpose of financially supporting a human service shall be covered by a written agreement, pursuant to the same provisions specified for the department in Title 34, section 12 . [PL 1981, c. 493, §2 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 4059 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4059
22 §4059. Reinstatement of parental rights
Status: in_force

The department may petition the District Court to reinstate the parental rights of a parent whose parental rights have been previously terminated by an order of the District Court. [PL 2011, c. 402, §16 (NEW).]

1. Contents of petition for reinstatement of parental rights. The petition for reinstatement of parental rights must be sworn and must include at least the following: A. The name, date and place of birth, if known, of the child and the child's current residence; [PL 2011, c. 402, §16 (NEW).] B. The name and residence of the parent whose rights were terminated; [PL 2011, c. 402, §16 (NEW).] C. The name and residence of the former guardian ad litem of the child in the related child protection proceeding; [PL 2011, c. 402, §16 (NEW).] D. The names and residences of all persons known to the department that affect custody, visitation or access to the child; [PL 2011, c. 402, §16 (NEW).] E. A summary of the reasons for the termination of parental rights; [PL 2011, c. 402, §16 (NEW).] F. A summary statement of the facts that the petitioner believes constitute a substantial change in circumstances of the parent that demonstrate the parent has the capacity and willingness to provide for the health and safety of the child; [PL 2011, c. 402, §16 (NEW).] G. A statement of the intent of the parent whose rights were terminated to consent to the reinstatement of parental rights; and [PL 2011, c. 402, §16 (NEW).] H. A statement of the intent or willingness of the child as to the reinstatement of parental rights. [PL 2011, c. 402, §16 (NEW).] [PL 2011, c. 402, §16 (NEW).]

2. Permanency plan. The sworn petition must be accompanied by the permanency plan that provides for the health and safety of the child, outlines the transition services to the family and outlines the conditions and supervision required by the department for placing the child in the home on a trial basis. [PL 2011, c. 402, §16 (NEW).]

3. Scheduling of case management conference. On the filing of the petition, the court shall set a time and date for a case management conference under subsection 7 . [PL 2011, c. 402, §16 (NEW).]

4. Withdrawal of petition. The department may withdraw the petition without leave of the court at any time prior to the final hearing. [PL 2011, c. 402, §16 (NEW).]

5. Guardian ad litem. The court shall appoint a guardian ad litem for the child. [PL 2011, c. 402, §16 (NEW).]

6. Service. The petition and the notice of the case management conference under subsection 7 must be served on the parent whose rights were terminated and the guardian ad litem for the child at least 10 days prior to the scheduled case management conference date. Service must be in accordance with the Maine Rules of Civil Procedure or in any other manner ordered by the court. [PL 2011, c. 402, §16 (NEW).]

7. Case management conference. Upon the filing of a petition for reinstatement of parental rights, the court shall hold a case management conference to review the permanency plan filed by the department to provide for transition services to the family. The permanency plan must outline the conditions and supervision required by the department for placing the child in the home on a trial basis. [PL 2011, c. 402, §16 (NEW).]

8. Reinstatement of parental rights. Parental rights may be reinstated as follows. A. The court shall hold a hearing prior to the reinstatement of parental rights. [PL 2011, c. 402, §16 (NEW).] B. The department has the burden of proof. [PL 2011, c. 402, §16 (NEW).] C. The court may order reinstatement of parental rights if the court finds, by clear and convincing evidence, that: (1) The child has been in the custody of the department for at least 12 months after the issuance of the order terminating parental rights; (2) The child has lived for at least 3 months in the home of the parent after the petition for reinstatement has been filed; (3) The parent consents to the reinstatement of parental rights. Consent must be written and voluntarily and knowingly executed in court before a judge. The judge shall explain the effects of reinstatement of parental rights; (4) If the child is 12 years of age or older, the child consents to the reinstatement of parental rights; and (5) Reinstatement of parental rights is in the best interest of the child. [PL 2011, c. 402, §16 (NEW).] D. In determining whether to reinstate parental rights, the court shall consider the age and maturity of the child, the child's ability to express a preference, the child's ability to integrate back into the home of the parent whose rights were terminated, the ability of the parent whose rights were terminated to meet the child's physical and emotional needs, the extent that the parent whose rights were terminated has remedied the circumstances that resulted in the termination of parental rights and the likelihood of future risk to the child. [PL 2011, c. 402, §16 (NEW).] E. The court shall enter its findings in a written order that further states that from the date of the order of reinstatement of parental rights, the child is the child of the parent whose rights were terminated and must be accorded all the same rights as existed prior to the order terminating parental rights, including inheritance rights. The order must further state that all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child are reinstated. [PL 2011, c. 402, §16 (NEW).] F. The reinstatement of one parent's rights does not affect the rights of the other parent. [PL 2011, c. 402, §16 (NEW).] [PL 2011, c. 402, §16 (NEW).]
22 M.R.S. § 3766 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3766
22 §3766. Inalienability of assistance
Status: in_force

All rights to public assistance are absolutely inalienable by any assignment, sale, execution, pledge or otherwise and may not pass, in case of insolvency or bankruptcy, to any trustee, assignee or creditor. [PL 1997, c. 530, Pt. A, §16 (NEW).]
22 M.R.S. § 3174-WW — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-WW
22 §3174-WW. Tobacco cessation
Status: in_force

1. Coverage. The department shall provide coverage for comprehensive tobacco cessation treatment to a MaineCare member who is 18 years of age or older or who is pregnant. Coverage must include, at a minimum: A. Coverage for all pharmacotherapy that is approved by the federal Food and Drug Administration for tobacco dependence treatment or is recommended as effective in the United States Public Health Service clinical practice guideline on treating tobacco use and dependence; and [PL 2013, c. 444, §1 (NEW).] B. Coverage for tobacco cessation counseling, to be available in individual and group forms. [PL 2013, c. 444, §1 (NEW).] [PL 2013, c. 444, §1 (NEW).]

2. Conditions of coverage. Coverage under this section must be provided with no copayments or other out-of-pocket cost sharing, including deductibles. The department may not impose annual or lifetime dollar limits or annual or lifetime limits on attempts to quit and may not require a MaineCare member to participate in counseling to receive medications. [PL 2013, c. 444, §1 (NEW).]

3. Federal reimbursement. The department shall pursue all opportunities to maximize available federal reimbursement, including available administrative Medicaid match rates for telephonic counseling services, federal pharmacology purchasing agreements or other opportunities to maximize state resources for tobacco cessation medications and services. [PL 2013, c. 444, §1 (NEW).]
22 M.R.S. § 1415 — ME Code / Title 22 / Subtitle 2 / Chapter 255-A / Section 1415
22 §1415. Rules
Status: in_force

The department shall adopt rules to implement this chapter, including, but not limited to, rules governing the operation of the registry, reporting to the registry and data release protocols. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 613, §1 (NEW).]
22 M.R.S. § 2492 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2492
22 §2492. License required
Status: in_force

1. License required. A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation or indirect compensation without a license issued by the department: A. An eating establishment; [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. [PL 2017, c. 322, §4 (RP).] C. A lodging place; [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. A recreational camp or sporting camp; [PL 2011, c. 193, Pt. A, §14 (AMD).] E. A campground; [PL 2011, c. 193, Pt. A, §14 (AMD).] F. A youth camp; [PL 2011, c. 193, Pt. A, §14 (AMD).] G. A public pool; or [PL 2011, c. 193, Pt. A, §14 (NEW).] H. A public spa. [PL 2011, c. 193, Pt. A, §14 (NEW).] Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment. [PL 2021, c. 125, §9 (AMD).]

2. Violation. A person, corporation, firm or copartnership may not: A. Violate subsection 1 ; or [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate subsection 1 after having previously violated subsection 1 . [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Campground; presumption. If a campground consists of 5 or more tents or recreational vehicles on a commercial lot, regardless of fees charged, it is presumed that the owner or renter of the lot is receiving compensation for the use of a campground. The owner or renter may rebut the presumption if the owner or renter presents a preponderance of evidence to the contrary. [PL 2021, c. 125, §10 (AMD).]
22 M.R.S. § 1711-E — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-E
22 §1711-E. Confidentiality of prescription drug information
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Carrier" has the same meaning as in Title 24‑A, section 4301‑A, subsection 3 . [PL 2005, c. 589, §1 (NEW).] A-1. "Administrator" has the same meaning as in Title 24‑A, section 1901, subsection 1 . [PL 2007, c. 460, §1 (NEW).] A-2. "Detailing" means one-to-one contact with a prescriber or employees or agents of a prescriber for the purpose of increasing or reinforcing the prescribing of a certain drug by the prescriber. [PL 2007, c. 460, §1 (NEW).] B. "Electronic transmission intermediary" means an entity that provides the infrastructure that connects the computer systems or other electronic devices used by and between health care practitioners, prescribers, pharmacies, health care facilities, pharmacy benefit managers, carriers and administrators and agents and contractors of those persons and entities in order to facilitate the secure transmission of an individual's prescription drug order, refill, authorization request, claim, payment or other prescription drug information. [PL 2007, c. 460, §1 (AMD).] C. "Health care facility" has the same meanings as in section 1711‑C, subsection 1, paragraph D . [PL 2005, c. 589, §1 (NEW).] D. "Health care practitioner" has the same meanings as in section 1711‑C, subsection 1, paragraph F . [PL 2005, c. 589, §1 (NEW).] E. "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 2005, c. 589, §1 (NEW).] F. "Individual" means a natural person who is the subject of prescription drug information. [PL 2005, c. 589, §1 (NEW).] F-1. "Marketing" means any of the following activities undertaken or materials or products made available to prescribers or to their employees or agents related to the transfer of prescription drugs from the producer or seller to the consumer or buyer: (1) Advertising, publicizing, promoting or selling a prescription drug; (2) Activities undertaken for the purpose of influencing the market share of a prescription drug or the prescribing patterns of a prescriber, a detailing visit or a personal appearance; (3) Activities undertaken to evaluate or improve the effectiveness of a professional detailing sales force; or (4) A brochure, media advertisement or announcement, poster or free sample of a prescription drug. "Marketing" does not include pharmacy reimbursement, formulary compliance, pharmacy file transfers in response to a patient request or as a result of the sale or purchase of a pharmacy, patient care management, utilization review by a health care provider or agent of a health care provider or the patient's health plan or an agent of the patient's health plan, and health care research. [PL 2007, c. 460, §1 (NEW).] F-2. "Pharmacy" means a mail order prescription pharmacy as defined in Title 32, section 13702‑A, subsection 17 or a pharmacy as defined in Title 32, section 13702‑A, subsection 24 . [PL 2007, c. 695, Pt. C, §6 (AMD).] G. "Pharmacy benefits manager" has the same meaning as in Title 24‑A, section 4347, subsection 17 . [PL 2019, c. 469, §1 (AMD); PL 2019, c. 469, §9 (AFF).] G-1. "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. 460, §1 (NEW).] H. "Prescription drug information" means information concerning prescription drugs as defined in Title 32, section 13702‑A, subsection 30 and includes prescription drug orders as defined in Title 32, section 13702‑A, subsection 31 . [PL 2007, c. 695, Pt. C, §7 (AMD).] I. "Prescription drug information intermediary" means a person or entity that communicates, facilitates or participates in the exchange of prescription drug information regarding an individual or a prescriber. "Prescription drug information intermediary" includes, but is not limited to, a pharmacy benefits manager, a health plan, an administrator and an electronic transmission intermediary and any person or entity employed by or contracted to provide services to that entity. [PL 2007, c. 460, §1 (AMD).] [PL 2019, c. 469, §1 (AMD); PL 2019, c. 469, §9 (AFF).]

1-A. Findings. [PL 2011, c. 494, §1 (RP).]

1-B. Purposes. [PL 2011, c. 494, §2 (RP).]

2. Confidentiality of prescription drug information that identifies the individual. A carrier or prescription drug information intermediary may not license, use, sell, transfer or exchange for value, for any marketing purpose, prescription drug information that identifies directly or indirectly the individual who is prescribed the prescription drug. [PL 2011, c. 494, §3 (AMD).]

2-A. Confidentiality of prescription drug information that identifies the prescriber. [PL 2011, c. 494, §4 (RP).]

3. Enforcement. A violation of subsection 2 is a violation of the Maine Unfair Trade Practices Act. [PL 2011, c. 494, §5 (AMD).]

4. Confidentiality protection procedures. [PL 2011, c. 494, §6 (RP).]

5. Rules. 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 2011, c. 90, Pt. J, §10 (AMD).]
22 M.R.S. § 1866 — ME Code / Title 22 / Subtitle 2 / Chapter 405-B / Section 1866
22 §1866. Rules
Status: in_force

The Commissioner of Health and Human Services shall adopt rules in order to implement this chapter, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 473 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
22 M.R.S. § 2152 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2152
22 §2152. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §146 (AMD).]

1. Advertisement. "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food.

1-A. Commissioner. "Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents. [RR 2021, c. 2, Pt. B, §120 (COR).]

2. Contaminated with filth. "Contaminated with filth" applies to any food not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

3. Federal Act. "Federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).

4. Food. "Food" means articles used for food or drink for humans or other animals, chewing gum and articles used for components of any such article. [RR 2021, c. 2, Pt. B, §121 (COR).]

4-A. Food establishment. "Food establishment" means a factory, plant, warehouse or store in which food and food products are manufactured, processed, packed, held for introduction into commerce or sold. "Food establishment" includes a caregiver, as defined in section 2421‑A, subsection 11, and a registered dispensary, as defined in section 2421‑A, subsection 41, that prepare food containing cannabis for medical use by a qualifying patient pursuant to chapter 558‑C. The following establishments are not considered food establishments required to be licensed under section 2167: A. Eating establishments, as defined in section 2491, subsection 7; [PL 1995, c. 331, §1 (NEW).] B. Fish and shellfish processing establishments inspected under Title 12, section 6101 , 6102 or 6856 ; [PL 2005, c. 434, §13 (AMD).] C. Storage facilities for native produce; [PL 1995, c. 331, §1 (NEW).] D. Establishments such as farm stands and farmers' markets primarily selling fresh produce not including dairy and meat products; [PL 1997, c. 96, §1 (AMD).] E. Establishments engaged in the washing, cleaning or sorting of whole produce, as long as the produce remains in essentially the same condition as when harvested. The whole produce may be packaged for sale, as long as packaging is not by a vacuum packaging process or a modified atmosphere packaging process; [PL 2023, c. 679, Pt. C, §2 (AMD).] F. Establishments that are engaged in the drying of single herbs that are generally recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189. The single herbs may be packaged for sale, as long as packaging is not by a vacuum packaging process or a modified atmosphere packaging process; and [PL 2023, c. 679, Pt. C, §2 (AMD).] G. A caregiver, as defined in section 2421‑A, subsection 11, conducting an activity allowed in section 2423‑A for a qualifying patient who is a member of the family, as defined in section 2421‑A, subsection 32, or member of the same household, as defined in section 2421‑A, subsection 33, of the caregiver. [PL 2023, c. 679, Pt. C, §2 (AMD).] [PL 2023, c. 679, Pt. C, §2 (AMD).]

4-B. Food salvage establishment. "Food salvage establishment" means a food establishment engaged in reconditioning or by other means salvaging distressed merchandise and includes any food establishment that sells, buys, warehouses or distributes any salvaged merchandise. [PL 1989, c. 664, §1 (NEW).]

5. Immediate container. "Immediate container" does not include the package liners but in the case of bottles shall include crowns or caps affixed thereto.

5-A. Irradiated food. [PL 1995, c. 276, §1 (RP).]

6. Label. "Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under authority of this subchapter, that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.

7. Labeling. "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article. If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

7-A. Retail food establishment. "Retail food establishment" means a food establishment where food and food products are offered for sale to the consumer and intended for off-premise consumption. [PL 1979, c. 672, Pt. A, §53 (NEW).]

7-B. Salvage broker. "Salvage broker" means a person, firm or corporation engaged in buying, selling, distributing or warehousing any distressed merchandise, whether or not in combination with other merchandise, which does not operate a food salvage establishment. [PL 1989, c. 664, §1 (NEW).]

8. Selling of food. This subchapter regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or applying of any such articles in the conduct of any food establishment.
22 M.R.S. § 3573 — ME Code / Title 22 / Subtitle 3 / Chapter 962 / Section 3573
22 §3573. Reporting
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Developmental disability" means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that: (1) Is manifested before the person reaches 22 years of age; (2) Is likely to continue indefinitely; (3) Results in substantial functional limitations in 3 or more of the following areas of major life activity: (a) Self-care; (b) Receptive and expressive language; (c) Learning; (d) Mobility; (e) Self-direction; (f) Capacity for independent living; and (g) Economic self-sufficiency. A person from birth through 9 years of age who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting 3 of the criteria stated in this subparagraph if there is a high probability that the person will meet those criteria later in life if services and supports are not provided to the person; and (4) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of a lifelong or extended duration and are individually planned and coordinated. [PL 2003, c. 602, §1 (NEW).] B. "Mental and physical impairments" includes, but is not limited to, the following conditions: intellectual disability, autism, cerebral palsy, Asperger syndrome, mental illness, Prader-Willi syndrome and epilepsy. [PL 2011, c. 542, Pt. A, §36 (AMD).] [PL 2011, c. 542, Pt. A, §36 (AMD).]

2. Reporting requirements. The Department of Health and Human Services and Department of Education shall by January 15th of each year submit a joint report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding activities conducted over the past fiscal year related to the prevention of developmental disabilities and underlying mental and physical impairments and plans for such activities in the succeeding year. The report must also include data on the incidence rate of births of developmentally disabled children in the State. [RR 2003, c. 2, §74 (COR).]

3. Limitation. The provisions of this section may not be interpreted to expand or otherwise affect the requirements of the Department of Health and Human Services to provide services to children and families under section 3571, subsection 2 or under Title 34-B . [PL 2003, c. 602, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 339 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 339
22 §339. Review process; public hearing
Status: in_force

1. Review process. The review process consists of an evaluation of the project application for a certificate of need by the department in light of: A. The application itself; [PL 2001, c. 664, §2 (NEW).] B. Material collected or developed by or for the department staff to test the assertions in the application; [PL 2001, c. 664, §2 (NEW).] C. All comments received by any person regarding the project; and [PL 2001, c. 664, §2 (NEW).] D. Any other material made part of the record. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

2. Public hearing. The following provisions apply to a public hearing under this chapter. A. The commissioner or the commissioner's designee may hold a public hearing regarding the application. [PL 2001, c. 664, §2 (NEW).] B. The commissioner, or the commissioner's designee, shall hold a public hearing if any person directly affected by a review requests, in writing, that such a public hearing be held and the request is timely received by the commissioner. If a public informational meeting on the application is conducted pursuant to section 337, subsection 5 , the request for a public hearing must be received by the commissioner no later than 15 days following the informational hearing. If no public informational meeting is conducted, the request for a public hearing must be received within 15 days following the publication of the public notice required by section 337, subsection 5 . [PL 2011, c. 648, §19 (AMD).] C. An electronic or stenographic record of the public hearing must be made part of the record. [PL 2001, c. 664, §2 (NEW).] D. A public hearing is not required for the simplified review and approval process set forth in section 336 unless requested by the applicant, the department or a person directly affected by a review. [PL 2011, c. 648, §20 (AMD).] [PL 2011, c. 648, §§19, 20 (AMD).]

3. Preliminary staff analyses. As soon as practicable, the department staff shall provide the preliminary analyses of the application and the record to the applicant, the commissioner and any person who requests the analyses and record. Notice of the availability of the analyses must be published in a newspaper in general circulation in Kennebec County and a newspaper of general circulation serving the area in which the project is to be located and on the department's publicly accessible site on the Internet. [PL 2001, c. 664, §2 (NEW).]

4. Final department staff analysis. A final department staff analysis must be submitted to the commissioner, together with the documentary record described in section 335, subsection 2 , as soon as practicable after the closing of the record. [PL 2001, c. 664, §2 (NEW).]

5. Reviews. To the extent practicable, a review must be completed and the commissioner shall make a decision within 60 days after the application has been certified as complete by the applicant for a simplified review, or within 90 days for an expanded review. The department shall establish criteria for determining when it is not practicable to complete a review within these time frames. Whenever it is not practicable to complete a review within these time frames, the department may extend the review period for up to an additional 30 days. [PL 2011, c. 648, §21 (AMD).]

6. Public necessity. The department may delay action on an otherwise complete application for up to 120 days from the time the application has been certified as complete by the applicant if the department finds that a public necessity exists. The department shall provide written notice of the delay to the applicant and any other person who has requested in writing information regarding the application. For purposes of this subsection, the department shall find that a public necessity exists if: A. The application represents a new service or technology not previously provided within the State; [PL 2001, c. 664, §2 (NEW).] B. The application represents a potential significant impact on health care system costs; [PL 2001, c. 664, §2 (NEW).] C. The application represents a new service or technology for which a health care system need has not been previously established; or [PL 2001, c. 664, §2 (NEW).] D. There are several applications for the same or similar projects before the department. [PL 2001, c. 664, §2 (NEW).] [PL 2011, c. 648, §22 (AMD).]
22 M.R.S. § 2421-A — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2421-A
22 §2421-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 679, Pt. A, §3 (NEW).]

1. Assistant. "Assistant" means an individual who is paid to perform a service for a registrant, whether as an employee or independent contractor, in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

2. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate" does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

3. Cannabis extraction. "Cannabis extraction" means the process of extracting cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. "Cannabis extraction" does not include the process of extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

4. Cannabis Legalization Act. "Cannabis Legalization Act" means the laws governing adult use of cannabis under Title 28‑B, chapter 1 . [PL 2023, c. 679, Pt. A, §3 (NEW).]

5. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products, devices and materials that are used for planting, propagating, cultivating, harvesting, processing, preparing, testing, packaging or storing cannabis for medical use or used for ingesting, inhaling or otherwise consuming cannabis for medical use. "Cannabis paraphernalia" includes, but is not limited to: A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant; [PL 2023, c. 679, Pt. A, §3 (NEW).] B. Isomerization devices used for adjusting the potency of a cannabis plant; [PL 2023, c. 679, Pt. A, §3 (NEW).] C. Testing equipment used for identifying or analyzing the potency, effectiveness or purity of a cannabis plant or harvested cannabis; [PL 2023, c. 679, Pt. A, §3 (NEW).] D. Scales and balances used for weighing or measuring harvested cannabis; [PL 2023, c. 679, Pt. A, §3 (NEW).] E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise cleaning or refining, harvested cannabis; [PL 2023, c. 679, Pt. A, §3 (NEW).] F. Envelopes and other containers used for packaging small quantities of harvested cannabis for medical use; [PL 2023, c. 679, Pt. A, §3 (NEW).] G. Containers and other objects used for storing harvested cannabis; [PL 2023, c. 679, Pt. A, §3 (NEW).] H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for smoking; [PL 2023, c. 679, Pt. A, §3 (NEW).] I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, chillums or punctured metal bowls used for smoking harvested cannabis; and [PL 2023, c. 679, Pt. A, §3 (NEW).] J. Electronic smoking devices used for simulating the smoking of harvested cannabis or cannabis products through the inhalation of vapor or aerosol from the device. [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

6. Cannabis plant. "Cannabis plant" means a plant of the genus Cannabis sativa L. "Cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

7. Cannabis product. "Cannabis product" means a product composed of harvested cannabis and other ingredients that is intended for medical use. "Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

8. Cannabis testing facility. "Cannabis testing facility" means a public or private laboratory that is: A. Authorized in accordance with section 2423‑A, subsection 10 to analyze contaminants in and the potency and cannabinoid profile of samples; and [PL 2023, c. 679, Pt. A, §3 (NEW).] B. Accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd‑party accrediting body or is certified, registered or accredited by an organization approved by the office. [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

9. Cannabis tincture. "Cannabis tincture" means a solution that is intended to be consumed orally and is prepared from harvested cannabis blended with an edible solvent. [PL 2023, c. 679, Pt. A, §3 (NEW).]

10. Cardholder. "Cardholder" means an individual who has been issued and possesses a valid registry identification card. [PL 2023, c. 679, Pt. A, §3 (NEW).]

11. Caregiver. "Caregiver" means an individual who provides care for a qualifying patient in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

12. Caregiver retail store. "Caregiver retail store" means a store authorized in accordance with this chapter and used by a registered caregiver to sell cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients and other items to the general public at a fixed location. [PL 2023, c. 679, Pt. A, §3 (NEW).]

13. Certified nurse practitioner. "Certified nurse practitioner" means a registered professional nurse licensed under Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical specialty by a national certifying organization acceptable to the State Board of Nursing. [PL 2023, c. 679, Pt. A, §3 (NEW).]

14. Child-resistant. "Child-resistant" means, with respect to packaging or a container: A. Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and [RR 2023, c. 2, Pt. A, §31 (COR).] B. With respect to any product intended for more than a single use or that contains multiple servings, resealable. [PL 2023, c. 679, Pt. A, §3 (NEW).] [RR 2023, c. 2, Pt. A, §31 (COR).]

15. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2023, c. 679, Pt. A, §3 (NEW).]

16. Complete application. "Complete application" means, with respect to an application for a registry identification card or a registration certificate, that: A. The applicant has completed and submitted to the office all application forms required and provided by the office; [PL 2023, c. 679, Pt. A, §3 (NEW).] B. If required by the office pursuant to this chapter, the applicant has submitted to a criminal history record check; [PL 2023, c. 679, Pt. A, §3 (NEW).] C. If applying for a registry identification card for a caregiver or a registration certificate for a dispensary, the applicant has registered with the State Tax Assessor pursuant to Title 36, section 1754‑B to collect and remit the sales tax on the sale of harvested cannabis imposed under Title 36, section 1811 and has provided to the office documentation of the registration; and [PL 2023, c. 679, Pt. A, §3 (NEW).] D. If applying for a registration certificate for a dispensary, the applicant has submitted to the office documentation sufficient to show that the applicant has fulfilled any applicable municipal authorization requirements for the municipality in which the applicant intends to operate the dispensary. [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

17. Cultivation area. "Cultivation area" means an indoor or outdoor area used for cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance with this chapter. A cultivation area may include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the same parcel or tract of land. [PL 2023, c. 679, Pt. A, §3 (NEW).]

18. Department. "Department" means the Department of Administrative and Financial Services. [PL 2023, c. 679, Pt. A, §3 (NEW).]

19. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. It does not include: A. An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 5 or more years earlier; [PL 2023, c. 679, Pt. A, §3 (NEW).] B. An offense that consisted of conduct that would have been permitted under this chapter; or [PL 2023, c. 679, Pt. A, §3 (NEW).] C. An offense that consisted of conduct that would be authorized under Title 28‑B or that, if the person convicted of the offense had been acting under the authority of a license pursuant to Title 28‑B, would have been authorized under Title 28‑B . [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

20. Edible cannabis product. "Edible cannabis product" means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis. "Edible cannabis product" does not include an edible product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

21. Harvested cannabis. "Harvested cannabis" means the plant material harvested from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not used for a qualifying patient's medical use. "Harvested cannabis" includes cannabis concentrate and cannabis products. "Harvested cannabis" does not include plant material harvested from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

22. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant that is not a mature cannabis plant or seedling. "Immature cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

23. Immature plant canopy. "Immature plant canopy" means the total surface area within a cultivation area where immature cannabis plants are growing. The surface area of the immature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the immature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the immature plant canopy. Calculation of the surface area of the immature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate immature cannabis plants. [PL 2023, c. 679, Pt. A, §3 (NEW).]

24. Inherently hazardous substance. "Inherently hazardous substance" means a liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol or ethanol. [PL 2023, c. 679, Pt. A, §3 (NEW).]

25. Long-term care facility. "Long-term care facility" means a hospice provider facility licensed under chapter 1681 ; a nursing facility licensed under chapter 405 ; an assisted living facility licensed under chapter 1663 or 1664 ; or a facility or program licensed under chapter 1663 that provides care for a qualifying patient in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

26. Manufacture or manufacturing. "Manufacture" or "manufacturing" means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. [PL 2023, c. 679, Pt. A, §3 (NEW).]

27. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

28. Mature cannabis plant. "Mature cannabis plant" means a flowering female cannabis plant. "Mature cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D . [PL 2023, c. 679, Pt. A, §3 (NEW).]

29. Mature plant canopy. "Mature plant canopy" means the total surface area within a cultivation area where mature cannabis plants are growing. The surface area of the mature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the mature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the mature plant canopy. Calculation of the surface area of the mature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate mature cannabis plants. [PL 2023, c. 679, Pt. A, §3 (NEW).]

30. Medical provider. "Medical provider" means a physician, a certified nurse practitioner or a physician associate. [PL 2023, c. 679, Pt. A, §3 (NEW); PL 2025, c. 316, §3 (REV).]

31. Medical use. "Medical use" means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or cannabis paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

32. Member of the family. "Member of the family" means an individual who is a resident of the State and who is a spouse, domestic partner, child, sibling, sibling of a parent, child of a sibling, parent, stepparent, grandparent or grandchild of another individual. [PL 2023, c. 679, Pt. A, §3 (NEW).]

33. Members of the same household. "Members of the same household" means 2 or more individuals who are residents of the State and who reside in a shared dwelling unit. [PL 2023, c. 679, Pt. A, §3 (NEW).]

34. Minor. "Minor" means a person who has not attained 21 years of age. [PL 2023, c. 679, Pt. A, §3 (NEW).]

35. Office. "Office" means the Office of Cannabis Policy established in Title 28‑B, section 104‑A within the department. [PL 2023, c. 679, Pt. A, §3 (NEW).]

36. Officer or director. "Officer or director" means, when used with respect to any nonprofit, for-profit or other organization governed by this chapter, a director, manager, shareholder, board member, partner or other individual holding a management position or ownership interest in the organization. [PL 2023, c. 679, Pt. A, §3 (NEW).]

37. Physician. "Physician" means an individual licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs. [PL 2023, c. 679, Pt. A, §3 (NEW).]

38. Physician associate. "Physician associate" means an individual licensed as a physician associate by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual licensed as a physician associate by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs. [PL 2023, c. 679, Pt. A, §3 (NEW); PL 2025, c. 316, §3 (REV).]

39. Qualifying patient. "Qualifying patient" means an individual who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

40. Registered caregiver. "Registered caregiver" means a caregiver who is registered by the office pursuant to this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

41. Registered dispensary. "Registered dispensary" means an entity registered in accordance with this chapter that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients and the caregivers of those patients. [PL 2023, c. 679, Pt. A, §3 (NEW).]

42. Registrant. "Registrant" means a registered caregiver, dispensary, cannabis testing facility, manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

43. Registrant agent. "Registrant agent" means an assistant, employee, officer, director or other authorized agent of a registered caregiver, dispensary, cannabis testing facility, manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

44. Registration certificate. "Registration certificate" means a document issued by the office that identifies a person who has registered with the office in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

45. Registry identification card. "Registry identification card" means a document issued by the office that identifies an individual who has registered with the office in accordance with this chapter. [PL 2023, c. 679, Pt. A, §3 (NEW).]

46. Remuneration. "Remuneration" means a donation or any other monetary payment received directly or indirectly by a person in exchange for goods or services as part of a transaction in which cannabis for medical use is transferred or furnished by that person to another person. [PL 2023, c. 679, Pt. A, §3 (NEW).]

47. Sample. "Sample" means a cannabis plant or harvested cannabis that is provided for testing or research purposes to a cannabis testing facility. [PL 2023, c. 679, Pt. A, §3 (NEW).]

48. Seedling. "Seedling" means a cannabis plant or rooted cutting that is: A. Not flowering; [PL 2023, c. 679, Pt. A, §3 (NEW).] B. Less than 24 inches in height; and [PL 2023, c. 679, Pt. A, §3 (NEW).] C. Less than 24 inches in width. [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

49. Tamper-evident. "Tamper-evident" means, with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable. [PL 2023, c. 679, Pt. A, §3 (NEW).]

50. Tamper-resistant paper. "Tamper-resistant paper" means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation. [PL 2023, c. 679, Pt. A, §3 (NEW).]

51. Telehealth services. "Telehealth services" means health care services delivered through the use of information technology. "Telehealth services" includes synchronous encounters, store and forward transfers, telemonitoring and asynchronous encounters. As used in this subsection, the following terms have the following meanings. A. "Asynchronous encounter" means an interaction between an individual and a medical provider through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the individual and the medical provider. [PL 2023, c. 679, Pt. A, §3 (NEW).] B. "Store and forward transfer" means the transmission of an individual's records through a secure electronic system to a medical provider. [PL 2023, c. 679, Pt. A, §3 (NEW).] C. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between an individual and a medical provider or between a medical provider and another medical provider. [PL 2023, c. 679, Pt. A, §3 (NEW).] D. "Telemonitoring" means the use of information technology to remotely monitor an individual's health status via electronic means, allowing the medical provider to track the individual's health data over time. [PL 2023, c. 679, Pt. A, §3 (NEW).] [PL 2023, c. 679, Pt. A, §3 (NEW).]

52. Timely filed. "Timely filed" means, with respect to an application submitted for renewal of a registry identification card or an application submitted for renewal of a registration certificate, that the applicant submits a complete application to the office no sooner than 60 days and no later than 30 days prior to the expiration date of the current registry identification card or the current registration certificate. [PL 2023, c. 679, Pt. A, §3 (NEW).]

53. Visiting qualifying patient. "Visiting qualifying patient" means a patient who is authorized for the medical use of cannabis in this State and who is not a resident of the State or who has been a resident of the State less than 30 days. [PL 2023, c. 679, Pt. A, §3 (NEW).]

54. Written certification. "Written certification" means a document signed by a medical provider and issued to a qualifying patient, or a digital image of that document issued by the medical provider that states that, in the medical provider's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated with the medical diagnosis. [PL 2023, c. 679, Pt. A, §3 (NEW).]
22 M.R.S. § 4315 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4315
22 §4315. False representation
Status: in_force

Whoever knowingly and willfully makes any false representation of a material fact to the overseer of any municipality or to the department or its agents for the purpose of causing that or any other person to be granted assistance by the municipality or by the State is guilty of a Class E crime and shall reimburse the municipality for that assistance. Further assistance may be denied until that person reimburses the municipality for the assistance or enters into a written agreement, which must be reasonable under the circumstances, to reimburse the municipality or that person has been ineligible for assistance for a period of 120 days, whichever period is longer. [PL 2015, c. 312, §1 (AMD).]

A person disqualified from receiving general assistance for making a false representation must be provided notice and an opportunity for an appeal as provided in sections 4321 and 4322 . [PL 1993, c. 410, Pt. AAA, §9 (AMD).]

If the overseer of any municipality or the fair hearing officer finds that a recipient made a false representation to the overseer in violation of this section, that recipient is required to reimburse the municipality for any assistance rendered for which that recipient was ineligible. The recipient is ineligible from receiving further assistance for a period of 120 days or until that person reimburses the municipality for the assistance or enters into a written agreement, which must be reasonable under the circumstances, to reimburse that municipality, whichever period is longer. [PL 2015, c. 312, §2 (AMD).]

Any recipient whose assistance is terminated or denied under this section has the right to appeal that decision pursuant to the Maine Rules of Civil Procedure, Rule 80-B. [PL 1993, c. 410, Pt. AAA, §9 (AMD).]

No recipient who has been granted assistance, in accordance with this chapter, may have that assistance terminated prior to the decision of the fair hearing officer. In the event of any termination of assistance to any recipient, the dependents of that person may still apply for and, if eligible, receive assistance. [PL 1983, c. 577, §1 (NEW).]
22 M.R.S. § 3294 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3294
22 §3294. Confidential information provided to professional and occupational licensing boards
Status: in_force

If confidential information regarding a person subject to or seeking licensure, certification or registration by a licensing board indicates that the person may have engaged in unlawful activity, professional misconduct or conduct that may be in violation of the laws or rules relating to the licensing board, the director may release this information to the appropriate licensing board. Confidential information must be disclosed and used in accordance with section 3292 and may also be disclosed to members, employees and agents of a licensing board who are directly related to the matter at issue. [PL 2023, c. 637, §4 (AMD).]

1. Notice to the licensee or applicant. Notice of the release of confidential information must be provided by the board to the licensee or applicant in accordance with the law and rules relating to the licensing board. If the law or rules relating to a licensing board do not provide for notice to licensees or applicants subject to or seeking licensure, certification or registration, the licensing board shall provide notice to the licensee or applicant upon determination of the board to take further action following its investigation. [PL 2023, c. 637, §4 (AMD).]

2. Licensing board requests for confidential information. Any licensing board pursuing action within the scope of the board's authority or conducting an investigation of any person subject to or seeking licensure, certification or registration by the board for engaging in unlawful activity, professional misconduct or conduct that may be in violation of the laws or rules relating to the board may request confidential information from the bureau. Any information provided to the board for an investigation is governed by section 3292 and this section. [PL 2023, c. 637, §4 (AMD).]

3. Use of confidential information in proceedings and investigations. The use of confidential information in proceedings, informal conferences and adjudicatory hearings is governed by Title 5, section 9057, subsection 6 . The use of confidential information in investigations is governed by Title 10, section 8003‑B, subsection 2, paragraph G as long as any confidential information disclosed under that paragraph is not further disclosed by any person for purposes other than an investigation by a licensing board. [PL 2023, c. 637, §4 (AMD).]
22 M.R.S. § 1816 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1816
22 §1816. Inspections
Status: in_force

1. Inspection requirements. Every building, institution or establishment for which a license has been issued must be periodically inspected by duly appointed representatives of the division of licensing and certification under the rules adopted by the department. An institution licensed pursuant to this chapter may not be required to be licensed or inspected under the laws of this State relating to hotels, restaurants, lodging houses, boardinghouses and places of refreshments. A full license may not be issued until the applicant has furnished the department with a written statement signed by the Commissioner of Public Safety or the proper municipal official designated in Title 25, chapters 313 to 321 to make fire safety inspections that the home and premises comply with Title 25, chapters 313 to 321 relating to fire safety. The department shall establish and pay reasonable fees to the municipal official or the Commissioner of Public Safety for each such inspection. This written statement must be furnished prior to the issuance of full licensure. [PL 2021, c. 541, §1 (NEW).]

2. Accredited hospitals. A hospital licensed under this chapter is exempt from department inspection requirements under this chapter if: A. The hospital is certified by the Centers for Medicare and Medicaid Services for participation in the federal Medicare program and holds full accreditation status by a health care facility accrediting organization recognized by the Centers for Medicare and Medicaid Services; and [PL 2021, c. 541, §1 (NEW).] B. The hospital provides, to the department, a copy of the survey findings of the health care facility accrediting organization described in paragraph A , including a statement of deficiencies, and the hospital's final plan of correction for any identified deficiencies that is accepted by the health care facility accrediting organization. Survey findings, a statement of deficiencies and the hospital's final plan of correction provided pursuant to this subsection are confidential. [PL 2021, c. 541, §1 (NEW).] [PL 2021, c. 541, §1 (NEW).]

3. Nonaccredited hospitals. If a hospital is certified to participate in the federal Medicare program and is not accredited by a health care facility accrediting organization recognized by the Centers for Medicare and Medicaid Services, the department shall inspect the hospital every 3 years for compliance with the Centers for Medicare and Medicaid Services' conditions of participation. [PL 2021, c. 541, §1 (NEW).]

4. Hospitals not exempt. The provisions of subsections 2 and 3 do not exempt a hospital from an inspection by the department in response to a complaint or suspected violation of this chapter or of the Centers for Medicare and Medicaid Services' conditions of participation or an inspection by another state agency or municipality for building code, fire code, life safety code or other purposes unrelated to health care facility licensing or accreditation. [PL 2021, c. 541, §1 (NEW).]

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

6. Confidentiality. Information or records obtained by subpoena must be treated in accordance with section 1828 . [PL 2025, c. 236, §2 (NEW).]

For purposes of this section, "Centers for Medicare and Medicaid Services" means the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services. [PL 2021, c. 541, §1 (NEW).]
22 M.R.S. § 1714-E — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1714-E
22 §1714-E. Credible allegations of fraud; provider payment suspensions (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY:  See T. 22, §1714-E, sub-§7) (REALLOCATED FROM TITLE 22, SECTION 1714-D) (WHOLE SECTION TEXT REPEALED ON CONTINGENCY:  See T. 22, §1714-E, sub-§7)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See T. 22, §1714-E, sub-§7)

(REALLOCATED FROM TITLE 22, SECTION 1714-D)

(WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See T. 22, §1714-E, sub-§7)

If the department determines that there is a credible allegation of fraud by a provider under the MaineCare program, the following procedures apply. [RR 2011, c. 2, §25 (RAL).]

1. Suspension of payments. The department shall suspend payment in whole or in part to a MaineCare provider when a suspension is necessary to comply with Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal Regulations, Part 455. [PL 2015, c. 329, Pt. A, §5 (AMD).]

2. Administrative appeal; scope. A MaineCare provider may administratively appeal the department's decision to suspend payment under subsection 1 . [RR 2011, c. 2, §25 (RAL).]

3. No stay during administrative appeal. A suspension of payments under subsection 1 may not be stayed during an administrative appeal of the department's decision to suspend payment. The department may provide a fair opportunity for appropriate expedited relief from a suspension of payments consistent with federal law. [RR 2011, c. 2, §25 (RAL).]

4. Final determination; offset. Upon a final determination that fraud has occurred and that money is owed by the MaineCare provider to the department, and 31 days after exhaustion of all administrative appeals and any judicial review available under Title 5, chapter 375 , the department may retain and apply as an offset to amounts determined to be owed to the department any payments to the provider that were suspended by the department pursuant to this section. The amount retained pursuant to this subsection may not exceed the amount determined finally to be owed. [RR 2011, c. 2, §25 (RAL).]

5. Confidentiality. Except as necessary for purposes of the investigation of fraud or the administration of the MaineCare program, the department's records regarding a determination of a credible allegation of fraud are confidential until the relevant MaineCare provider has been given notice of a suspension of payments under subsection 1 . [RR 2011, c. 2, §25 (RAL).]

6. Rules. The department shall adopt rules to implement this section, including rules to define "credible allegation of fraud" and to provide exception and appeal procedures as required by and in accordance with the requirements of federal law and regulations. If the department provides a procedure for expedited relief from suspension of payments, as authorized in subsection 3 , the rules must include that procedure. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2011, c. 2, §25 (RAL).]

7. Repeal. This section is repealed if Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal Regulations, Part 455 are invalidated by the United States Supreme Court. The department shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the section of law and the regulation are invalidated. [PL 2015, c. 494, Pt. C, §1 (AMD).]
22 M.R.S. § 8941 — ME Code / Title 22 / Subtitle 6 / Chapter 1687 / Section 8941
22 §8941. Birth Defects Program
Status: in_force

There is established, within the Bureau of Health, the Birth Defects Program, referred to in this chapter as the "program," to identify and investigate birth defects in children. The program shall identify and research birth defects in children and maintain a central registry of cases of birth defects. [PL 1999, c. 344, §1 (NEW).]

1. Duties. The program shall collect, analyze and distribute information and undertake necessary research to identify the following with regard to birth defects: causes, risk factors and strategies for prevention and the provision of services. [PL 1999, c. 344, §1 (NEW).]

2. Data collection. The program shall establish systems for data collection that are medically recognized and scientific, that identify prevalence and incidence rates by region and population group and that identify the morbidity and mortality rates resulting from birth defects. [PL 1999, c. 344, §1 (NEW).]

3. Submission of information. Providers of health care licensed under this Title and Title 32 must make available to the program health care records and information relating to the occurrence of birth defects in the form and manner provided by the department. [PL 1999, c. 344, §1 (NEW).]

4. Contact with families. The department may contact families to provide information about available services. [PL 1999, c. 344, §1 (NEW).]

5. Contracts. The department may enter into contracts with nonprofit institutions and entities to perform its functions under this chapter. [PL 1999, c. 344, §1 (NEW).]
22 M.R.S. § 2603 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2603
22 §2603. Shipping costs
Status: in_force

Any person required under this chapter to submit samples of water to the department for analysis shall pay the shipping charges thereon. [PL 1975, c. 751, §4 (NEW).]
22 M.R.S. § 3174-UU — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-UU
22 §3174-UU. Reimbursement for opioid drugs for the treatment of pain
Status: in_force

This section applies to reimbursement under the MaineCare program for opioid drugs for the treatment of pain. [PL 2011, c. 657, Pt. O, §2 (NEW).]

1. Treatment of a new onset of acute pain. The department shall establish limits for MaineCare reimbursement of opioid drugs that are prescribed as medically necessary in response to a new onset of acute pain. After the initial 15-day prescription, the limits established may not exceed 42 days per year without prior authorization. In order to qualify for reimbursement under this subsection, the prior authorized prescription may not provide for more than 14 days of medication and requires a face-to-face visit between the prescriber and the MaineCare member. Notwithstanding the provisions of this subsection, the department shall limit to a period of 60 days following the surgical procedure MaineCare reimbursement for opioid drugs as treatment of post-operative care prescribed following a surgical procedure for which the medical standard of care includes the use of opioids. A MaineCare member who suffers from intractable pain and for whom opioid drugs are medically necessary beyond the limits set by this subsection may qualify for opioid drugs under subsection 2 as treatment for long-term chronic pain. [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).]

2. Treatment of long-term chronic pain. Reimbursement for opioid drugs beyond the limit set in subsection 1 is allowed by prior authorization if the MaineCare member participates in one or more therapeutic treatment options established by the department through rulemaking. In order to qualify for reimbursement for opioid drugs under this subsection, the MaineCare member must: A. Have failed to have an adequate response to the prescribed therapeutic treatment options; [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).] B. Have completed the prescribed therapeutic treatment options in accordance with the guidelines and show signs of regression; or [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).] C. Have completed at least 50% of the prescribed therapeutic treatment options under this subsection, after which the prescriber recommends that adequate control of pain will not be obtained under the therapeutic treatment options. [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).] The department shall limit reimbursement for opioids for a MaineCare member who fails to have an adequate response to the prescribed therapeutic treatment options, subject to exception based on medical necessity. The department may include in rulemaking the establishment of a daily dosing limit, subject to exception. The department may waive the requirement of therapeutic treatment options through prior authorization when participation is not feasible and opioid treatment is medically necessary. The department may allow a MaineCare member who is participating in a course of treatment recommended by a prescriber, including alternatives, in accordance with rules adopted by the department to obtain a prior authorization for physical therapy in excess of 2 visits to a maximum of 6 visits. [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).]

3. Second opinion. In order for a prescription to qualify for reimbursement under this section, prior to prescribing an opioid drug for a medical diagnosis known typically to have a poor response to opioid drugs, a prescriber shall obtain an evaluation from a prescriber from outside the practice of the prescriber. [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).]

4. Current use. The department may delay until January 1, 2013 the application of this section to the reimbursement for opioid drugs for MaineCare members who have been receiving such treatment consistently for 6 months or longer on the effective date of this section. The department may require the development of a protocol for proper, safe and effective tapering from opioid use when appropriate and may adopt exceptions to the requirements of this section based on diagnosis or condition or on the basis of daily doses. [PL 2011, c. 657, Pt. O, §2 (NEW).]

5. Collaboration. The department shall seek input from pain specialists, addiction medicine specialists and members of the department's physician advisory committee in the development of rules governing this section. [PL 2011, c. 657, Pt. O, §2 (NEW).]

6. Morphine equivalent dose. The department may establish and utilize a total daily morphine equivalent dose calculation when developing rules to implement this section. [PL 2011, c. 657, Pt. O, §2 (NEW).]

7. Exceptions. This section does not apply to reimbursement for opioid drugs for the following MaineCare members as specified in rules adopted by the department or as established through the MaineCare preferred drug list: A. A MaineCare member who is receiving opioid drugs for symptoms related to HIV, AIDS, cancer and certain other qualifying diseases and conditions, as established by department rule; [PL 2011, c. 657, Pt. O, §2 (NEW).] B. A MaineCare member who is receiving opioid drugs during inpatient treatment in a hospital or during hospice care; [PL 2011, c. 657, Pt. O, §2 (NEW).] C. A MaineCare member who is receiving opioid drugs at certain qualifying low doses, as established by department rule; [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).] D. A MaineCare member for whom MaineCare reimbursement for opioid drugs for the treatment of addiction is restricted by limits applicable to methadone and buprenorphine and naloxone combination drugs; and [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).] E. A MaineCare member who is residing in a nursing facility. [PL 2013, c. 368, Pt. AAAAA, §1 (NEW).] [PL 2013, c. 368, Pt. AAAAA, §1 (AMD).]

8. Rules. The department shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 657, Pt. O, §2 (NEW).] Revisor's Note: §3174-UU. Methadone reimbursement limitations (As enacted by PL 2011, c. 657, Pt. S, §1 is REALLOCATED TO TITLE 22, SECTION 3174-VV)
22 M.R.S. § 8613 — ME Code / Title 22 / Subtitle 6 / Chapter 1680 / Section 8613
22 §8613. Meetings
Status: in_force

The council shall meet at least once a year. Special meetings shall be held as deemed necessary by the council. The minutes of all proceedings of the council shall be a public record available and on file in the office of the council. Members of the council shall be compensated according to the provisions of Title 5, chapter 379 . [PL 1989, c. 596, Pt. F, §2 (NEW).]
22 M.R.S. § 8501 — ME Code / Title 22 / Subtitle 6 / Chapter 1677 / Section 8501
22 §8501. Provision of services
Status: in_force

The Department of Health and Human Services shall provide, through social service contracts, emergency services for family members who cannot safely remain in their own homes because of violence, serious threat of violence or other serious family crisis. The emergency services shall include such services as shelter care, counseling and coordinating other necessary services. [PL 1979, c. 565, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

The department shall make these services available to all areas of the State insofar as practicable. [PL 1979, c. 565, §1 (NEW).]
22 M.R.S. § 8605 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8605
22 §8605. Fire safety
Status: in_force

1. Inspection required. A license may not be issued by the department for an adult day care program until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360 , 2391 or 2392 to make fire safety inspections. This statement must indicate that a facility has complied with the applicable fire safety provisions referred to in subsection 2 and Title 25, section 2452 and must be furnished to the department prior to the issuance of full licensure. [PL 2021, c. 398, Pt. QQ, §1 (AMD).]

2. Life Safety Code. The written statement must be furnished to the department prior to the issuance of full licensure and must indicate that the adult day care program has complied with at least the requirements of the Life Safety Code of the National Fire Protection Association that are specified in: A. The family day care homes section, if the adult day care program has no more than 6 adults per session; [PL 1987, c. 389, §5 (NEW).] B. The group day care homes section, if the adult day care program has at least 7 but no more than 12 adults per session; or [PL 1987, c. 389, §5 (NEW).] C. The child day care section, if the adult day care program has more than 13 adults per session. [PL 1987, c. 389, §5 (NEW).] [PL 2021, c. 398, Pt. QQ, §1 (AMD).]

3. Fees. The department shall establish and pay reasonable fees to the Department of Public Safety or municipal official for each such inspection. Fees collected by the Department of Public Safety must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1997, c. 728, §15 (AMD).]
22 M.R.S. § 1700-F — ME Code / Title 22 / Subtitle 2 / Chapter 279 / Section 1700-F
22 §1700-F. Perimenopause and menopause education materials
Status: in_force

The department shall enter into partnerships with health care providers, including obstetricians, gynecologists, primary care providers, nurse practitioners and physician associates, and community-based health care programs and hospitals to create and disseminate informational materials in electronic and physical form to educate menstruating persons and all individuals on the symptoms and processes of and other issues surrounding perimenopause and menopause. The informational materials must include symptoms of and treatments for perimenopause and menopause, symptoms of perimenopause and menopause for which a person should contact a health care provider, the biological process behind perimenopause and menopause, how to talk to family and friends about perimenopause and menopause and any other information the department determines necessary to prepare and educate individuals regarding perimenopause and menopause. [PL 2025, c. 472, §1 (NEW); PL 2025, c. 316, §3 (REV).]
22 M.R.S. § 1824 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1824
22 §1824. Personal funds of residents
Status: in_force

The operator or agent of any skilled nursing or intermediate care facility, licensed pursuant to this chapter, who manages, holds or deposits the personal funds of any resident of the facility is subject to all the procedures and provisions included in section 7857 . [PL 2001, c. 596, Pt. B, §6 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
22 M.R.S. § 451 — ME Code / Title 22 / Subtitle 2 / Chapter 153 / Section 451
22 §451. Appointment
Status: in_force

The following provisions govern the appointment and employment of local health officers. [PL 2007, c. 462, §1 (NEW).]

1. Role of municipality. Every municipality in the State shall employ a local health officer who is appointed by the municipal officers of that municipality. A person may be appointed and employed as a local health officer by more than one municipality. [PL 2007, c. 462, §1 (NEW).]

2. Qualifications. The local health officer must be qualified by education, training or experience in the field of public health or a combination as determined by standards adopted by department rule no later than June 1, 2008. A person who is employed as a local health officer who is not qualified by education, training or experience must meet qualification standards adopted by department rule no later than 6 months after appointment. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 598, §5 (AMD).]

3. Duration of appointment; notification. A local health officer is appointed for a term of 3 years and until that officer’s successor is appointed. The municipal officers shall appoint a successor within 30 days of any resignation or expiration of term. The municipal officers or clerk of each municipality shall within 10 days notify the department in writing of the appointment of a local health officer. Notification to the department must include the local health officer's name, age and address and the dates of the appointment and the beginning of the 3-year term. A local health officer in a town or plantation contiguous to unorganized territory shall perform the duties of a local health officer in that territory. [PL 2007, c. 462, §1 (NEW).]

4. Incapacity or absence. In the event of incapacity or absence of the local health officer, the municipal officers shall appoint a person to act as local health officer during that incapacity or absence. The chair of the municipal officers shall perform the duties of a local health officer until the regular local health officer is returned to duty or another person has been appointed and employed. In a municipality with a manager form of government, when the charter so provides, the appointments provided for in this subsection may be made by the manager and the duties prescribed for the chair of the municipal officers during incapacity or absence of the local health officer are performed by the manager. [PL 2007, c. 462, §1 (NEW).]

5. Conflict of interest. A person may not be appointed to hold office as a local health officer or to serve as a member of the local board of health under section 453 if that person has a pecuniary interest, directly or indirectly, in any corporation or other entity over which that officer or board has general supervision. [PL 2007, c. 462, §1 (NEW).]

6. Duties. Local health officers may be employed on a part-time or full-time basis. The offices of local health officer and town or school physician may be combined when, in the opinion of the municipal officers, the health needs of the public would be better served. [PL 2007, c. 462, §1 (NEW).]

7. Associate health officers. Municipal officers may appoint one or more associate health officers, as defined in section 411, subsection 1‑A , to assist the local health officer perform the local health officer’s duties during an actual or threatened epidemic or other public health threat. An associate health officer is not required to meet the qualifications set out in subsection 2 or in rules applicable to local health officers adopted by the department. An associate health officer must work under the direct supervision of the local health officer. [PL 2023, c. 46, §2 (NEW).]
22 M.R.S. § 8761 — ME Code / Title 22 / Subtitle 6 / Chapter 1684-A / Section 8761
22 §8761. Methicillin-resistant Staphylococcus aureus and Clostridium difficile
Status: in_force

All hospitals licensed under chapter 405 shall: [PL 2011, c. 316, §1 (RPR).]

1. Enrollment. No later than October 1, 2011, enroll and shall maintain enrollment after that date in the National Healthcare Safety Network within the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Division of Healthcare Quality Promotion, referred to in this section as "the network"; [PL 2011, c. 316, §1 (NEW).]

2. Submission of MRSA data. No later than October 1, 2011, submit to the network infection data for nosocomial methicillin-resistant Staphylococcus aureus, referred to in this section as "MRSA," for all inpatients on a monthly basis in accordance with the protocols defined by the United States Department of Health and Human Services, Centers for Disease Control and Prevention; [PL 2011, c. 316, §1 (NEW).]

3. Access to MRSA data. No later than November 1, 2011, authorize, for public health surveillance purposes only, the Maine Center for Disease Control and Prevention's access to the facility-specific infection rates for nosocomial MRSA contained in the network database; [PL 2011, c. 316, §1 (NEW).]

4. Authorization to Maine Health Data Organization regarding MRSA data. Upon completion of data validation by the Maine Center for Disease Control and Prevention in partnership with a statewide collaborative for infection prevention, authorize, for public reporting purposes only, the Maine Health Data Organization's access to the facility-specific infection rates for nosocomial MRSA contained in the network database; [PL 2011, c. 316, §1 (NEW).]

5. Submission of C. diff data. Beginning January 1, 2012, submit to the network infection data for nosocomial Clostridium difficile, referred to in this section as "C. diff," for all inpatients on a monthly basis in accordance with the protocols defined by the United States Department of Health and Human Services, Centers for Disease Control and Prevention; [PL 2011, c. 316, §1 (NEW).]

6. Access to C. diff data. No later than July 1, 2012, authorize, for public health surveillance purposes only, the Maine Center for Disease Control and Prevention's access to the facility-specific infection rates for nosocomial C. diff contained in the network database; and [PL 2011, c. 316, §1 (NEW).]

7. Authorization to Maine Health Data Organization regarding C. diff data. Upon completion of data validation by the Maine Center for Disease Control and Prevention in partnership with a statewide collaborative for infection prevention, authorize, for public reporting purposes only, the Maine Health Data Organization's access to the facility-specific infection rates for nosocomial C. diff contained in the network database. [PL 2011, c. 316, §1 (NEW).]

The Maine Health Data Organization shall adopt rules regarding public reporting of data reported to the United States Department of Health and Human Services, Centers for Disease Control and Prevention regarding MRSA and C. diff in accordance with this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 316, §1 (NEW).]
22 M.R.S. § 4251 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4251
22 §4251. Purpose - Article 1 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The purpose of this Interstate Compact for the Placement of Children is to: [PL 2007, c. 255, §6 (NEW).]

1. Process. Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner; [PL 2007, c. 255, §6 (NEW).]

2. Ongoing supervision. Facilitate ongoing supervision of a placement, the delivery of services and communication between the states; [PL 2007, c. 255, §6 (NEW).]

3. Operating procedures. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner; [PL 2007, c. 255, §6 (NEW).]

4. Rules. Provide for the adoption and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states; [PL 2007, c. 255, §6 (NEW).]

5. Data collection. Provide for uniform data collection and information sharing between member states under this compact; [PL 2007, c. 255, §6 (NEW).]

6. Coordination. Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance and other compacts affecting the placement of and which provide services to children otherwise subject to this compact; [PL 2007, c. 255, §6 (NEW).]

7. Jurisdiction. Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate; and [PL 2007, c. 255, §6 (NEW).]

8. Cases involving Indian children. Provide for the adoption of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 4327 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4327
22 §4327. Reporting
Status: in_force

The department shall use municipal reports, data from the statewide online database required under section 4323, subsection 6 and other metrics to generate a general assistance report to be submitted to the joint standing committee of the Legislature having jurisdiction over general assistance matters no later than January 30, 2026 and no later than January 30th of each odd-numbered calendar year thereafter. The initial report must include recommendations regarding a potential extension of the general assistance eligibility period beyond the 30-day limit established in section 4310, subsection 4. All reports must include metrics for: the number of individuals and families who received funds; the basic necessities for which those funds were provided; the length of time those funds were received; which municipalities accessed technical assistance and the number of times that technical assistance was requested, including instances outside of normal business hours; the type of technical assistance municipalities required; the number of calls to the department's general assistance hotline; and the number and content of complaints received and additional metrics as determined necessary by the department. The report must also include data illustrating municipal poverty levels, or regional or county poverty data when municipal-level poverty data is unavailable, and data regarding the use of other public benefit programs such as the Supplemental Nutrition Assistance Program and the Temporary Assistance for Needy Families program in each municipality. [PL 2023, c. 575, §7 (NEW).]
22 M.R.S. § 2430-B — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-B
22 §2430-B. Admissibility of records
Status: in_force

A certificate, signed by the commissioner or the commissioner's designee, stating what the records of the department show on any given matter related to this chapter is admissible in evidence in all courts of this State to prove what the records of the department are on that matter. Upon testimony of a law enforcement officer that the certificate and records were obtained by that law enforcement officer from the department, the court shall admit that certificate and those records as evidence without any further foundation or testimony. If the department stores records in a computer or similar device, a printout or other output readable by sight of information stored in the department's computer or similar device, certified by the commissioner or the commissioner's designee as an accurate reflection of the stored information, is admissible in evidence to prove the content of the records. [PL 2011, c. 383, §5 (NEW); PL 2011, c. 407, Pt. B, §35 (NEW).]
22 M.R.S. § 4323 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4323
22 §4323. Department of Health and Human Services; responsibilities
Status: in_force

The Department of Health and Human Services shall, in accordance with this section, share responsibility with municipalities for the proper administration of general assistance. [PL 1993, c. 410, Pt. AAA, §13 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

1. Review. The department shall review the administration of general assistance in each municipality for compliance with this chapter. This review shall be made on a regular basis and may be made in response to a complaint from any person as necessary. The department shall inspect the municipality's records and discuss the administration of the program with the overseer. The overseer or the overseer's designee shall be available during the department's review and shall cooperate in providing all necessary information. The department shall report the results of its review in writing to the municipality and, when applicable, to the complainant. The written notice shall set forth the department's findings of whether the municipality is in compliance with this chapter. The department is responsible for ensuring that each municipality complies with its duty to provide trauma-informed services and culturally and linguistically appropriate services as defined in section 4305, subsection 7. The department shall provide mandatory training to municipalities to ensure that a municipality is able to comply with the requirements of this chapter. [PL 2023, c. 575, §5 (AMD).]

2. Violation; penalty. If the department finds any violation of this chapter after review, it shall notify the municipality that it has 30 days in which to correct that violation and specify what action shall be taken in order to achieve compliance. The municipality shall file a plan with the department setting forth how it will attain compliance. The department shall notify the municipality if the plan is acceptable and that it will review the municipality for compliance within 60 days of accepting the plan. Any municipality which fails to file an acceptable plan with the department or which is in violation of this chapter at the expiration of the 60-day period shall be subject to a civil penalty of not less than $500. The Department of Health and Human Services shall enforce this section in any court of competent jurisdiction. Every 30-day period that a municipality is in violation of this chapter after review and notification shall constitute a separate offense. In addition to the civil penalty, the department shall withhold reimbursement to any municipality which is in violation of this chapter until it reaches compliance. [PL 1983, c. 577, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Departmental assistance. Whenever the department finds that a person in immediate need of general assistance has not received that assistance as a result of a municipality's failure to comply with the requirements of this chapter, the department shall, within 24 hours of receiving a request to intervene and after notifying the municipality, grant this assistance in accordance with regulations adopted by it. The expense of that assistance granted, including a reasonable proportion of the State's administrative cost that can be attributed to that assistance, shall be billed by the department to the municipality. Should that bill remain unpaid 30 days after presentation to the municipality, the department shall refer the bill to the Treasurer of State for payment from any taxes, revenue, fines or fees due from the State to the municipality. A municipality may not be held responsible for reimbursing the department for assistance granted under this subsection if the department failed to intervene within 24 hours of receiving the request to intervene or if the department failed to make a good faith effort, prior to the intervention, to notify the municipality of the department's intention to intervene. [PL 1989, c. 840, §7 (AMD).]

4. Appeal. Any municipality or person who is aggrieved by any decision or action made by the department pursuant to this section shall have the right to appeal pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV . A request for that appeal shall be in writing and shall be made within 30 days of receiving notification. The appeal shall be held within 30 days of receipt of that request and shall be conducted by one or more fair hearing officers. In no event may an appeal be held before a person or body responsible for the decision or action. Review of any decision under this section shall be pursuant to the Maine Rules of Civil Procedure, Rule 80 C. [PL 1985, c. 489, §§11, 14 (AMD).]

5. Emergency contact information. The department shall collect from each municipality emergency contact information for use by municipal residents in applying for assistance under this section. The department shall forward the municipal emergency contact information periodically to the statewide 2-1-1 telephone number designated pursuant to Title 35‑A, section 7108 . [PL 2007, c. 600, §1 (NEW).]

6. Database. Beginning on July 1, 2025, the department shall provide overseers access to an Internet-based, real-time database containing the information necessary to properly determine an applicant’s eligibility. [PL 2023, c. 575, §6 (NEW).]
22 M.R.S. § 4037 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4037
22 §4037. Authority of custodian
Status: in_force

When custody of the child is ordered to the department or other custodian under a preliminary or final protection order, the custodian has full custody of the child subject to the terms of the order and other applicable law. [PL 2015, c. 187, §1 (NEW).]

1. Adoption. Custody does not include the right to initiate adoption proceedings without parental consent, except as provided under Title 18‑C, section 9‑302 . [PL 2017, c. 402, Pt. C, §63 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Withhold or withdraw life-sustaining medical treatment. Except as provided in paragraphs A and B , the custodian may not withhold or withdraw life-sustaining medical treatment. A. The custodian may withhold or withdraw life-sustaining medical treatment if the parental rights of the parents of the child have been terminated pursuant to section 4055 and the custodian determines that withholding or withdrawing life-sustaining medical treatment is in the best interests of the child after considering the factors in paragraph C and the opinions of the child's treating physicians. [PL 2015, c. 187, §1 (NEW).] B. If the parental rights of one or more parent of the child have not been terminated, the custodian under a preliminary or final child protection order may withhold or withdraw life-sustaining medical treatment: (1) If the parent or parents whose parental rights have not been terminated consent to the custodian having that authority and the custodian determines that withholding or withdrawing life-sustaining medical treatment is in the best interests of the child after considering the factors in paragraph C and the opinions of the child's treating physicians; or (2) If any parent whose parental rights have not been terminated does not consent, after notice and hearing, the District Court finds by clear and convincing evidence that: (a) All of the nonconsenting parents are unfit under one or more of the grounds for termination in section 4055, subsection 1, paragraph B , subparagraph (2), division (b); and (b) Withholding or withdrawing life-sustaining medical treatment is in the best interests of the child. [PL 2015, c. 187, §1 (NEW).] C. Withholding or withdrawing life-sustaining medical treatment is in the best interests of the child if the child is in a persistent vegetative state or suffers from another irreversible medical condition that severely impairs mental and physical functioning, with poor long-term medical prognosis, and the child would experience additional pain and suffering if life-sustaining medical treatment were administered. [PL 2015, c. 187, §1 (NEW).] [PL 2015, c. 187, §1 (NEW).]
22 M.R.S. § 2502 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2502
22 §2502. Transaction fee for electronic renewal of license
Status: in_force

The department may collect a transaction fee from a licensee who renews a license electronically under this chapter. The fee may not exceed the cost of providing the electronic license renewal service. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 589, §3 (NEW).]
22 M.R.S. § 1506 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1506
22 §1506. Financial responsibility
Status: in_force

Unless the parent or guardian expressly agrees to assume full or partial responsibility, a minor who consents to health care services as provided in this chapter is responsible for the costs of those services. A minor may not be denied benefits or services to which the minor is entitled from a health care practitioner, health care provider, insurer or public agency because the minor has given the consent for those services as provided in this chapter. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
22 M.R.S. § 2514-A — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2514-A
22 §2514-A. Registration
Status: in_force

1. Registration required. A person that is not licensed under section 2514 must register under this section if the person is a: A. Custom slaughterer, except that itinerant custom slaughterers who slaughter solely at a customer's home or farm and who do not own, operate or work at a slaughtering plant are exempt from the registration provisions of this section; [PL 2013, c. 252, §4 (NEW).] B. Custom processor; [PL 2013, c. 252, §4 (NEW).] C. Poultry producer that processes fewer than 1,000 birds annually under section 2517‑C ; [PL 2019, c. 73, §3 (AMD).] C-1. Rabbit producer that processes fewer than 1,000 rabbits annually under section 2517‑E ; or [PL 2019, c. 73, §4 (NEW).] D. Person in any other category that the commissioner may by rule establish. [PL 2013, c. 252, §4 (NEW).] [PL 2021, c. 64, §19 (AMD).]
22 M.R.S. § 2496 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2496
22 §2496. Rules and policies
Status: in_force

1. Department rulemaking. The department is authorized and empowered to make and enforce all necessary rules and regulations for the administration of this chapter, and may rescind or modify such rules and regulations from time to time as may be in the public interest, insofar as such action is not in conflict with any of the provisions of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 140, §1 (NEW).]

2. Youth camps; emergency medication. A youth camp must have a written policy authorizing campers to self-administer emergency medication, including, but not limited to, an asthma inhaler or an epinephrine autoinjector as defined in section 2150‑F, subsection 3 . The written policy must include the following requirements: A. A camper who self-administers emergency medication must have the prior written approval of the camper's primary health care provider and the camper's parent or guardian; [PL 2005, c. 140, §1 (NEW).] B. The camper's parent or guardian must submit written verification to the youth camp from the camper's primary health care provider confirming that the camper has the knowledge and the skills to safely self-administer the emergency medication in camp; [PL 2009, c. 211, Pt. A, §9 (AMD).] C. The youth camp health staff must evaluate the camper's technique to ensure proper and effective use of the emergency medication in camp; and [PL 2009, c. 211, Pt. A, §9 (AMD).] D. The emergency medication must be readily available to the camper. [PL 2005, c. 140, §1 (NEW).] [PL 2019, c. 560, §4 (AMD).]
22 M.R.S. § 5114 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5114
22 §5114. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1973, c. 630, §1 (NEW).]

1. Coordinated community program. "Coordinated community program" means a system for providing all necessary social services in a manner designed to: A. Facilitate accessibility to and utilization of all social services provided within the geographic area served by such system by any public or private agency or organization; [PL 1973, c. 630, §1 (NEW).] B. Develop and make the most efficient use of social services in meeting the needs of older persons; and [PL 1973, c. 630, §1 (NEW).] C. Use available resources efficiently and with a minimum of duplication. [PL 1973, c. 630, §1 (NEW).] [PL 1981, c. 470, Pt. A, §112 (AMD).]

2. Social services. "Social services" means any of the following services that meet such standards as the commissioner may prescribe: A. Health services, including health aides, home care, homemakers, home repair and chore service and community care including counseling, information and referral services, continuing education, recreation and volunteer services; [PL 1973, c. 630, §1 (NEW).] B. Transportation, when necessary to facilitate access to social services, with priority given to health services including hospitals, physician care, bona fide clinics, prescription drugs and other essential medications, meals programs and food distribution centers; and with priority given to income producing and supplement programs including social security, supplemental security and tax refunds; [PL 2015, c. 494, Pt. D, §5 (AMD).] C. Meals programs that provide at least one hot meal per day and any additional meals, hot or cold, that the recipient of a grant or contract may elect to provide, each of which assures a minimum of 1/3 of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Science -- National Research Council, and that provide such meals programs for individuals aged 60 and over and their spouses at sites close to the individual's residence; and where appropriate to furnish transportation to such site or home-delivered meals to homebound older people; and to administer such meals programs in accordance with the appropriate and pertinent portions of the "nutrition and other program requirements" of the National Nutrition Program for the Elderly; [PL 2015, c. 494, Pt. D, §5 (AMD).] D. Services designed to encourage and assist older persons to use facilities and services available to them; [PL 1973, c. 630, §1 (NEW).] E. Services designed to assist older persons to obtain adequate housing; [PL 1973, c. 630, §1 (NEW).] F. Services designed to assist older persons in avoiding institutionalization, including evaluation and screening and home health services; [PL 2015, c. 332, §1 (AMD).] G. Any other services necessary for the general well-being of older persons; or [PL 2015, c. 332, §1 (AMD).] H. Services designed to assist older persons with maintaining their financial independence and avoiding financial exploitation, including personal financial management assistance. [PL 2015, c. 332, §2 (NEW).] [PL 2015, c. 494, Pt. D, §5 (AMD).]