22 M.R.S. § 2765 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2765
22 §2765. New certificate of birth following adoption, legitimation or gender marker change
Status: in_force

1. New certificate of birth. The state registrar shall establish a new certificate of birth for a person born in this State when the state registrar receives the following: A. A certificate of adoption as provided in Title 18‑C, section 9‑304 , or a certified copy of the decree of adoption along with the information necessary to identify the original certificate and establish the new certificate of birth, except that a new certificate may not be established if so requested by the adopting parents or the adopted person if the adopted person is at least 18 years of age; [PL 2017, c. 402, Pt. C, §47 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A request that a new certificate be established and such evidence as the department may require by rule proving that the person has been legitimated; and [PL 2021, c. 309, §3 (AMD).] C. An application for gender marker change. [PL 2021, c. 309, §4 (NEW).] [PL 2021, c. 309, §§3, 4 (AMD).]

1-A. Persons born in a foreign country. The state registrar shall establish a Maine certificate of birth for a person born in a foreign country and for whom a decree of adoption has been entered in a court of competent jurisdiction in Maine when the registrar receives the following: A. A certificate of adoption as provided in Title 18‑C, section 9‑304 ; and [PL 2017, c. 402, Pt. C, §48 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. [PL 1991, c. 167, §1 (RP).] C. A request that a new certificate be established. A Maine certificate of birth may not be established, if so requested by the court decreeing the adoption, the adoptive parents or the adopted person, if the adopted person is 18 years of age or older. [PL 1991, c. 167, §1 (AMD).] [PL 2017, c. 402, Pt. C, §48 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

1-B. Content of certificate. Any birth certificate issued under subsection 1‑A shall show the true or probable foreign country of birth and shall indicate that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. [PL 1979, c. 168, §1 (NEW).]

2. Original certificate not subject to inspection. [PL 1989, c. 818, §9 (RP).]

2-A. Certificate after adoption, legitimation or gender marker change. This subsection governs birth certificates after adoption, legitimation or gender marker change. A. When a new birth certificate is established after adoption pursuant to subsection 1, paragraph A , or subsection 1‑A , the actual place and date of birth, the names and personal data of the adoptive parents at the time of the child's birth and the name of the child after adoption must be entered on the new birth certificate. (1) At the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age, the new certificate must carry a notation that it has been amended, all items that have been revised pursuant to the adoption decree must be identified, and the notation "court action" and the date of the adoption decree must be shown on the new certificate. (2) If the birth certificate has been annotated pursuant to subparagraph (1), the annotation may be deleted in accordance with department regulations at the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age. [PL 1991, c. 167, §2 (AMD).] B. When a new certificate is established after legitimation pursuant to subsection 1, paragraph B , the actual place and date of birth, the name of the child and the names and personal data of both parents at the time of birth must be shown. Notwithstanding section 2705 , the new certificate may not be marked "amended." The new certificate must be filed with all other birth certificates and is not subject to the provisions of section 2761, subsection 4 . [PL 2009, c. 601, §20 (AMD).] C. When a new certificate of birth is established following adoption, legitimation or gender marker change, it must be substituted for the original certificate of birth. After that substitution, the original certificate of birth and the evidence of adoption or application for gender marker change are not subject to inspection except upon order of the Probate Court or the Superior Court or pursuant to section 2768 . The application for legitimation may be released to persons listed on the original birth certificate upon completion of written application to the State Registrar of Vital Statistics or the registrar's designee. [PL 2021, c. 309, §5 (AMD).] [PL 2021, c. 309, §5 (AMD).]

2-B. Certificate after gender marker change. When a new birth certificate is established after changes are made to the gender marker pursuant to subsection 1, paragraph C or subsection 2‑A , the requested gender marker and, if requested at the same time, the first and middle names as they appear on the application must be entered on the new birth certificate. A new birth certificate may be requested by a parent on behalf of a minor. The new birth certificate may not be marked "amended." The new birth certificate must be filed with all other birth certificates. Additional requirements may be specified in rules adopted by the department. [PL 2021, c. 309, §6 (NEW).]

3. Original certificate restored. Upon receipt of notice of an annulment or revocation of adoption, the original certificate shall be restored to its place in the files and the new certificate and evidence of adoption shall not be subject to inspection except upon order of a probate court or the Superior Court.

4. Delayed birth registration. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed birth registration shall be filed as provided by law before a new certificate of birth is established.

5. Copies of original certificate. When the new certificate of birth is established, the state registrar shall provide each municipal clerk who is required by law to have a copy of the certificate of birth on file with a copy of the new certificate of birth. In the case of a Maine certificate of birth established for a person born in a foreign country, a copy of the certificate must be provided to and must be maintained on file by the clerk of the municipality where the adoptive parents resided on the date of the adoption. All copies of the original certificate in the custody of any municipal clerk must be sealed from inspection, except as provided in section 2768 , or surrendered to the state registrar as the state registrar directs. [PL 2007, c. 409, §3 (AMD); PL 2007, c. 409, §6 (AFF).]
22 M.R.S. § 2805 — ME Code / Title 22 / Subtitle 2 / Chapter 705 / Section 2805
22 §2805. New marriage certificate following gender marker change
Status: in_force

1. New marriage certificate. Upon receipt of an application that meets the requirements established by the department by rule, the State Registrar of Vital Statistics shall issue a new marriage certificate of a person married in this State to reflect a change of gender of the person and, if requested at the same time, to reflect the new first and middle names of the person. Notwithstanding section 2705 , the new certificate may not be marked "amended." [PL 2023, c. 294, §2 (NEW).]

2. Original marriage certificate sealed. When a new marriage certificate is issued under subsection 1 , the state registrar shall provide a copy of the new marriage certificate to each municipal clerk who is required by law to have a copy of the marriage certificate on file. All copies of the original marriage certificate in the custody of any municipal clerk must be sealed from inspection or surrendered to the state registrar as the state registrar directs. [PL 2023, c. 294, §2 (NEW).]
22 M.R.S. § 2165 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2165
22 §2165. Injunctions
Status: in_force

In addition to the remedies provided, the Commissioner of Agriculture, Conservation and Forestry is authorized to apply to the Superior Court and such court has jurisdiction upon hearing and for cause shown to grant a preliminary or permanent injunction restraining any person from violating any provision of section 2155-A . [RR 2003, c. 2, §72 (COR); PL 2011, c. 657, Pt. W, §6 (REV).]
22 M.R.S. § 3912 — ME Code / Title 22 / Subtitle 3 / Chapter 1063 / Section 3912
22 §3912. Implementation
Status: in_force

The department shall establish a schedule governing successful completion of course and training requirements for newly employed social workers and caseworkers of the department and a schedule for all other social workers and caseworkers currently employed by the department. [PL 1989, c. 268, §1 (NEW).]
22 M.R.S. § 3493 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3493
22 §3493. Rules
Status: in_force

The department may adopt rules in accordance with Title 5, chapter 375, subchapter 2-A to carry out this chapter. [PL 2003, c. 653, §20 (NEW).]
22 M.R.S. § 1634 — ME Code / Title 22 / Subtitle 2 / Chapter 266 / Section 1634
22 §1634. Municipal ordinances
Status: in_force

Nothing in this chapter may be construed as a preemption by the State. Municipalities may adopt and enforce swimming pool enclosure ordinances, or enforce existing ordinances, that are either less restrictive or more restrictive than this chapter, or that concern matters not dealt with by this chapter. [PL 1983, c. 436 (NEW).]
22 M.R.S. § 3572 — ME Code / Title 22 / Subtitle 3 / Chapter 962 / Section 3572
22 §3572. Use of private agencies to deliver services
Status: in_force

Private agencies shall be used as appropriate to carry out the implementation of initiatives to prevent developmental disabilities in cooperation with the respective departments so that State Government agencies do not duplicate existing resources in the community and so that all available resources are used effectively to rapidly achieve the goal of preventing developmental disabilities in the State. [PL 1985, c. 484 (NEW).]
22 M.R.S. § 3174-DDD — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-DDD
22 §3174-DDD. Coverage for conversion therapy (REALLOCATED FROM TITLE 22, SECTION 3174-BBB)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-BBB)

The department may not provide MaineCare reimbursement for conversion therapy as defined in Title 32, section 59‑C, subsection 1 administered to a minor. [PL 2019, c. 165, §3 (NEW); RR 2019, c. 1, Pt. A, §25 (RAL).]
22 M.R.S. § 8942 — ME Code / Title 22 / Subtitle 6 / Chapter 1687 / Section 8942
22 §8942. Investigations and inspections
Status: in_force

The department may conduct investigations and inspections, including medical, demographic, environmental, epidemiological and toxicological investigations, of current or past cases of suspected birth defects in order to determine the nature and extent of disease or known or suspected causes of the birth defects, to improve access to services and to formulate and evaluate control measures to protect the public health. Persons requested to provide information and access to health care and other records for the purposes of an investigation or inspection under this section shall provide information and access. [PL 1999, c. 344, §1 (NEW).]
22-A M.R.S. § 211 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 211
22-A §211. Federal funds and commodities
Status: in_force

The commissioner, with the consent and approval of the Governor, is authorized and empowered to accept any allotments of federal funds and commodities, to manage and dispose of the same in whatever manner required by federal law and put into effect the United States Social Security Act and any amendments of that act and of other federal acts relating to public welfare. [PL 2007, c. 539, Pt. N, §50 (NEW).]
22 M.R.S. § 1583-A — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1583-A
22 §1583-A. Inspections
Status: in_force

1. Satisfactory inspection. To be eligible for an initial or renewal license, a supplier of compressed air must provide certification from a tester of compressed air based on an inspection in the 6 months prior to application that the compressor equipment, air quality and compressor filling procedures are in compliance with rules of the department. [PL 1993, c. 314, §2 (NEW).]

2. Unsatisfactory inspection. If any aspect of the supplier operation fails to meet department standards, the tester of compressed air shall notify the department of the nature of the deficiencies. The department shall evaluate the deficiencies and determine appropriate licensing action. If the air provided by a supplier of compressed air exceeds the maximum permissible amount of any contaminant, the tester of compressed air shall notify the supplier that operations must cease and the supplier shall immediately cease operation until the reason is determined, corrections made and a retest conducted to confirm that the contaminant no longer exceeds the maximum permissible amount. The department shall take action to see that the supplier is not operating while this condition exists. [PL 1993, c. 314, §2 (NEW).]
22 M.R.S. § 2950 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2950
22 §2950. Manner of making, amending or revoking anatomical gift of decedent's body or part
Status: in_force

1. Authorized person: document; oral communication. A person authorized to make an anatomical gift under section 2949 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. [PL 2007, c. 601, §2 (NEW).]

2. Amendment or revocation by prior class member. Subject to subsection 3 , an anatomical gift by a person authorized under section 2949 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift may be amended or revoked only if a majority of the reasonably available members object to the amending or revoking of the gift or they are equally divided as to whether to amend or revoke an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

3. Revocation effective if known. A revocation under subsection 2 is effective only if the procurement organization or transplant hospital or the physician or technician knows of the revocation before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient. [PL 2007, c. 601, §2 (NEW).]

4. Requesting consent. Consent for an anatomical gift by a recovery agency under section 2949 must be documented in writing or, if secured in a telephone conversation, in a suitable recording, must disclose in plain language the specific tissue, organ or body part being donated and the purpose for which the anatomical gift will be used and must comply in all respects with rules regarding consent requirements for anatomical gifting adopted by the department pursuant to subsection 5 . [PL 2007, c. 601, §2 (NEW).]

5. Rulemaking. The department, after consultation with the Office of the Attorney General, shall adopt rules to implement this section. The rules must provide specific requirements for all recovery agencies, require federally recognized recovery agencies to demonstrate compliance with applicable federal standards governing consent to anatomical gifts and require all other recovery agencies that do not operate under federal regulation to demonstrate adherence to the consent requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 1595 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1595
22 §1595. Live born and live birth, defined
Status: in_force

"Live born" and "live birth," as used in this chapter, shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Each product of such a birth is considered live born and fully recognized as a human person under Maine law. [PL 1977, c. 696, §186 (NEW).]
22 M.R.S. § 2702 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2702
22 §2702. Duties of municipal clerks
Status: in_force

The clerk of each municipality in this State shall keep a chronological record of all live births, marriages, deaths and fetal deaths reported to the municipal clerk under this Title. Such record must be kept as prescribed by the state registrar. [PL 2009, c. 601, §6 (AMD).]

1. Enforce law and rules. Each municipal clerk in this State shall enforce, so far as comes within the municipal clerk's jurisdiction, this Title and the rules of the department relating to the registration of vital statistics. [PL 2009, c. 601, §6 (AMD).]

2. Transmittal of certificates to state registrar. Except as authorized by the state registrar, a record received in a municipal office must be transmitted by the clerk of the municipality to the state registrar within a reasonable period of time as specified by department rule and in the format specified by the state registrar. [PL 1995, c. 260, §4 (RPR).]

3. Transmittal of certificates to other municipalities. Except as authorized by the state registrar or except if the birth is registered or will be registered on the electronic birth registration system implemented by the state registrar, when the parents of any child born are residents of any other municipality in this State, the clerk of the municipality where that live birth occurred shall transmit a copy of the certificate of the live birth to the clerk of the municipality where the parents reside. [PL 2011, c. 511, §2 (AMD).]
22 M.R.S. § 2056 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2056
22 §2056. Payment of expenses
Status: in_force

All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter. [PL 1971, c. 303, §1 (NEW).]
22 M.R.S. § 2668 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2668
22 §2668. Closure
Status: in_force

The department may close any public pool or spa for failure to comply with the provisions of this chapter. [PL 2007, c. 631, §10 (AMD).]

Before closing a public pool or spa, the department shall issue a notice in writing enumerating instances of failure to comply with the law or rules. The owner must have an opportunity to request a fair hearing before the department pursuant to Title 5, sections 9052 to 9064 . [PL 2007, c. 631, §10 (AMD).]

Closed public pools and spas must be reopened upon presentation of evidence that the deficiencies causing the closing have been corrected. [PL 2007, c. 631, §10 (AMD).]
22-A M.R.S. § 202 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 202
22-A §202. Mission; guiding principles
Status: in_force

1. Mission. The mission of the department is to provide health and human services to the people of Maine so that all persons may achieve and maintain their optimal level of health and their full potential for economic independence and personal development. Within available funds, the department shall provide supportive, preventive, protective, public health and intervention services to children, families and adults, including the elderly and adults with disabilities. The department shall endeavor to assist individuals in meeting their needs and families in providing for the developmental, health and safety needs of their children, while respecting the rights and preferences of the individual or family. [PL 2003, c. 689, Pt. A, §1 (NEW).]

2. Guiding principles. The following principles are adopted to guide the department. In the performance of its duties, the department shall strive to: A. Improve the health and well-being of Maine residents, with this goal guiding all decisions, programs and services of the department; [PL 2003, c. 689, Pt. A, §1 (NEW).] B. Treat consumers with respect and dignity; [PL 2003, c. 689, Pt. A, §1 (NEW).] C. Treat service providers with professionalism and collegiality; [PL 2003, c. 689, Pt. A, §1 (NEW).] D. Value and support department staff as the critical connection to the consumer; [PL 2003, c. 689, Pt. A, §1 (NEW).] E. Involve consumers, providers, advocates and staff in long-term planning; [PL 2003, c. 689, Pt. A, §1 (NEW).] F. Use relevant, meaningful data and objective analyses of population-based needs in program planning, decision making and quality assurance; and [PL 2003, c. 689, Pt. A, §1 (NEW).] G. Deliver services that are individualized, family-centered, easily accessible, preventive, independence-oriented, interdisciplinary, collaborative, evidence-based and consistent with best practices. [PL 2003, c. 689, Pt. A, §1 (NEW).] [PL 2003, c. 689, Pt. A, §1 (NEW).]
22 M.R.S. § 2660-W — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-W
22 §2660-W. Private Well Safe Drinking Water Fund
Status: in_force

1. Fund established. The Private Well Safe Drinking Water Fund, referred to in this section as "the fund," is established within the department as a nonlapsing fund for the purposes specified in this section. [PL 2017, c. 230, §3 (NEW).]

2. Sources of fund. The fund is funded from all fees collected under section 2660‑U and from other funds accepted by the commissioner or allocated or appropriated by the Legislature. The commissioner may accept donations or grants to the fund from any source. [PL 2017, c. 230, §3 (NEW).]

3. Purposes. Expenditures from the fund may be made only for the following purposes: A. To improve the rate of testing of residential private drinking water wells for contaminants or properties specified pursuant to section 2660‑T ; [PL 2017, c. 230, §3 (NEW).] B. For educational outreach programs consistent with section 2660‑V ; [PL 2021, c. 483, Pt. BB, §4 (AMD).] C. To defray the department's costs in administering this subchapter and in waiving fees under section 2602‑A, subsections 2 and 3 ; and [PL 2021, c. 483, Pt. BB, §5 (AMD).] D. To implement the program established pursuant to section 2602‑A, subsection 3 to provide free testing for arsenic of private residential water supplies to low-income residents of the State. [PL 2021, c. 483, Pt. BB, §6 (NEW).] [PL 2021, c. 483, Pt. BB, §§4-6 (AMD).]

4. Expenditures. The division of environmental health within the department shall expend funds with the review and advice of an advisory committee established by the department. The advisory committee must include representatives from at least 2 laboratories certified pursuant to section 567 . Preference in expending funds must be given to community-based programs that reach high-risk or underserved populations. The department may contract for professional services to carry out the purposes of this section. [PL 2017, c. 230, §3 (NEW).]
22 M.R.S. § 2019 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2019
22 §2019. Display
Status: in_force

A person maintaining, conducting or operating a medical laboratory shall display, in a prominent place in the medical laboratory, the license issued to the person by the department. A medical laboratory may not in any advertisement, announcement, letter, circular, poster, sign or any other manner include any statement expressly or by implication to the effect that it is approved or endorsed by the department. [RR 2021, c. 2, Pt. B, §112 (COR).]
22 M.R.S. § 4003 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4003
22 §4003. Purposes
Status: in_force

Recognizing that the health and safety of children must be of paramount concern and that the right to family integrity is limited by the right of children to be protected from abuse and neglect and recognizing also that uncertainty and instability are possible in extended foster home or institutional living, it is the intent of the Legislature that this chapter: [PL 1997, c. 715, Pt. B, §4 (AMD).]

1. Authorization. Authorize the department to protect and assist abused and neglected children, children in circumstances which present a substantial risk of abuse and neglect, and their families; [PL 1979, c. 733, §18 (NEW).]

2. Removal from parental custody. Provide that children will be removed from the custody of their parents only where failure to do so would jeopardize their health or welfare; [PL 2017, c. 411, §5 (AMD).]

3. Rehabilitation and reunification. Require that reasonable efforts be made to rehabilitate and reunify families as a means for protecting the welfare of children, but prevent needless delay for permanent plans for children when rehabilitation and reunification is not possible; [PL 2017, c. 470, §1 (AMD).]

3-A. Kinship placement. Consistent with sections 4005‑G and 4005‑H , place children who are removed from the custody of their parents with an adult relative when possible; [PL 2017, c. 411, §6 (AMD).]

3-B. Sibling placement. Consistent with sections 4005‑G and 4005‑H , place children who are removed from the custody of their parents with as many of those children's siblings as possible; [PL 2017, c. 411, §7 (NEW).]

4. Permanent plans for care and custody. Promote the early establishment of permanent plans for the care and custody of children who cannot be returned to their family. It is the intent of the Legislature that the department reduce the number of children receiving assistance under the United States Social Security Act, Title IV‑E, who have been in foster care more than 24 months, by 10% each year beginning with the federal fiscal year that starts on October 1, 1983; and [PL 1999, c. 731, Pt. AA, §4 (AMD).]

5. Report on children in department's custody and children of incarcerated parents. Require the department to report monthly to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters on the status of children served by the Office of Child and Family Services. The report must include, at a minimum, information on the department's case load, the location of the children in the department's custody and the number of cases of abuse and neglect that were not opened for assessment. This information must be identified by program and funding source. The report must also include information on the number of children in the department's custody known to have one or more incarcerated parents and information on the number of those children for whom the case goal is reunification. [PL 2021, c. 620, §1 (AMD).]
22 M.R.S. § 2660-U — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-U
22 §2660-U. Fees
Status: in_force

Except as provided in section 2602‑A, subsection 3 , the Health and Environmental Testing Laboratory established in section 565 shall collect a fee not to exceed $10 from a person or entity ordering a water test for a water sample from a residential private drinking water well. The fees collected must be credited to the Private Well Safe Drinking Water Fund established in section 2660‑W and used for the purpose of increasing testing of residential private drinking water wells. If more than one test of a water sample from the same residential private drinking water well is conducted, the department may waive payment of a fee established under this section for a one-year period. A fee collected under this section is in addition to any fee charged by the department pursuant to section 2602‑A, subsection 2 . [PL 2021, c. 483, Pt. BB, §3 (AMD).]
22 M.R.S. § 3183 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3183
22 §3183. General penalty
Status: in_force

Any person who violates any of the provisions of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $500, or by imprisonment for not more than 11 months, or by both. If a recipient of aid is convicted of an offense under this chapter, the department may cancel the aid. [PL 1973, c. 790, §2 (NEW).]
22 M.R.S. § 2623 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2623
22 §2623. Applicability
Status: in_force

It is unlawful for any person to perform the duties of an operator, as defined, without being duly licensed under this subchapter, except as provided in section 2630 . [PL 1983, c. 819, Pt. A, §55 (AMD).]
22 M.R.S. § 803 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 803
22 §803. Inspection
Status: in_force

If the department has reasonable grounds to believe that there exists a public health threat, either on public or private property, a duly authorized agent of the department may enter any place, building, vessel, aircraft or common carrier with the permission of the owner, agent or occupant where the public health threat is reasonably believed to exist and may inspect and examine the same. If entry is refused, that agent shall apply for an inspection warrant from the District Court pursuant to Title 4, section 179 , prior to conducting the inspection. [PL 2005, c. 383, §9 (AMD).]
22 M.R.S. § 1533 — ME Code / Title 22 / Subtitle 2 / Chapter 261-A / Section 1533
22 §1533. Advisory program for genetic conditions
Status: in_force

1. Purpose; program. A voluntary statewide genetics program is established, which offers testing, counseling and education to parents and prospective parents. The program shall include, but not be limited to, the following services: A. Follow-up programs for newborn testing, with emphasis on the counseling and education of women at risk for maternal phenylketonuria (PKU); [PL 1983, c. 848, §2 (NEW).] B. Comprehensive genetic services to all areas of the State and all segments of the population; [PL 1983, c. 848, §2 (NEW).] C. Development of counseling and testing programs for the diagnosis and management of genetic conditions and metabolic disorders; and [PL 1983, c. 848, §2 (NEW).] D. Development and expansion of educational programs for physicians, allied health professionals and the public, with respect to: (1) The nature of genetic processes; (2) The inheritance patterns of genetic conditions; and (3) The means, methods and facilities available to diagnose, counsel and treat genetic conditions and metabolic disorders. [PL 1983, c. 848, §2 (NEW).] [PL 1983, c. 848, §2 (NEW).]

2. Responsibility for the program. The commissioner shall designate personnel within the department's division of family health to: A. Coordinate matters pertaining to detection, prevention and treatment of genetic conditions and metabolic disorders; [PL 1983, c. 848, §2 (NEW).] A-1. Establish, maintain and operate a tracking system to assess and coordinate treatment related to congenital, genetic and metabolic disorders; [PL 2009, c. 514, §3 (NEW).] A-2. Evaluate the effectiveness of screening, counseling and health care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children; [PL 2009, c. 514, §3 (NEW).] A-3. Collect, analyze and make available to families data on certain heritable disorders; [PL 2009, c. 514, §3 (NEW).] A-4. Ensure access to treatment and other services that will improve clinical and developmental outcomes. To accomplish this, the department is authorized to share data with other states' public health newborn blood spot screening programs; [PL 2009, c. 514, §3 (NEW).] B. Cooperate with and stimulate public and private not-for-profit associations, agencies, corporations, institutions or other entities involved in developing and implementing eligible programs and activities designed to provide services for genetic conditions and metabolic disorders; [PL 1983, c. 848, §2 (NEW).] C. Administer any funds that are appropriated for the services and expenses of a genetic screening, counseling and education program; [PL 2009, c. 514, §3 (AMD).] D. Enter into agreements and contracts for the delivery of genetic services; [PL 1983, c. 848, §2 (NEW).] E. Establish, promote and maintain a public information program on genetic conditions and metabolic disorders and the availability of counseling and treatment services; [PL 1983, c. 848, §2 (NEW).] F. Publish, from time to time, the results of any relevant research, investigation or survey conducted on genetic conditions and metabolic disorders and, from time to time, collate those publications for distribution to scientific organizations and qualified scientists and physicians; and [PL 1983, c. 848, §2 (NEW).] G. Adopt rules necessary to carry out the purposes of this chapter. [PL 2009, c. 514, §3 (AMD).] [PL 2009, c. 514, §3 (AMD).]

3. Eligibility for contracts. A public or private not-for-profit association, agency, corporation, institution or other entity shall be eligible to enter into contracts pursuant to this section if it satisfies the following requirements. A. The entity shall submit an application for a contract in the manner and on forms prescribed by the commissioner. [PL 1983, c. 848, §2 (NEW).] B. The project or activity to be carried out by the entity, either directly or through an integrated, coordinated arrangement, shall include some or all of the following services: (1) Prenatal testing and diagnosis; (2) Genetic diagnosis, treatment and counseling; (3) Newborn metabolic testing, laboratory services and nutritional follow-up; or (4) Genetics education programs for health professionals and the public. [PL 1983, c. 848, §2 (NEW).] C. The project or activity shall be consistent with the objectives of this section and shall be coordinated with resources existing in the community in which it is located. [PL 1983, c. 848, §2 (NEW).] [PL 1983, c. 848, §2 (NEW).]
22 M.R.S. § 9002 — ME Code / Title 22 / Subtitle 6 / Chapter 1689 / Section 9002
22 §9002. Rules
Status: in_force

The department shall adopt rules for veterans' adult day health care programs, which must include, but may not be limited to, rules pertaining to the health and safety of the eligible participants and staff, the quality of the program provided, the administration of medication and licensing procedures. Reimbursement to the provider of veterans' adult day health care must be at the rate of 65% of the MaineCare reimbursement for nursing facility care. The department shall use as guidance for the rules those established by the United States Department of Veterans Affairs, 38 Code of Federal Regulations, Part 52. [PL 2011, c. 444, §1 (NEW).]
22 M.R.S. § 1819-A — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1819-A
22 §1819-A. Financial disclosure
Status: in_force

Each hospital licensed under this chapter must annually publicly disclose: [PL 2005, c. 249, §1 (NEW).]

1. IRS Form 990. The federal Internal Revenue Service Form 990, including all related disclosable schedules, for the hospital and for each tax-exempt entity related to the hospital that is required by federal law to file that form with the Internal Revenue Service; and [PL 2005, c. 249, §1 (NEW).]

2. IRS Form 1120. The federal Internal Revenue Service Form 1120 for each for-profit entity in which the hospital has a controlling interest. [PL 2005, c. 249, §1 (NEW).]

Information required to be disclosed under this section must be submitted by the hospital to the department within 5 months after the end of the hospital's fiscal year or within 5 months after the date on which the entity files the applicable form with the Internal Revenue Service. The department shall make available for public inspection and photocopying copies of all documents required by this section and shall post those documents on the department's publicly accessible website. The department shall post a chart on the website listing each hospital and providing a link to the documents filed pursuant to subsection 1 . [PL 2009, c. 350, Pt. C, §1 (AMD).]
22 M.R.S. § 2035 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2035
22 §2035. Denial; revocation
Status: in_force

A license may be denied or revoked or the renewal of a license may be denied for any of the following reasons: [PL 1975, c. 218 (RPR).]

1. Violation of Act. Violation of any of the provisions of this Act or the rules and regulations promulgated by the department hereunder; [PL 1975, c. 218 (RPR).]

2. Assignment from unauthorized person. Knowingly accepting an assignment for medical laboratory tests or specimens from and the rendering a report thereon to persons not authorized by law to submit such specimens; [PL 1975, c. 218 (RPR).]

3. Conviction. A conviction of a felony or of any crime involving moral turpitude under the laws of any state or of the United States arising out of or in connection with the operation of a medical laboratory. The record of conviction or a certified copy thereof shall be conclusive evidence of such conviction; or [PL 1975, c. 218 (RPR).]

4. Lending name. Knowingly lending the use of the name of a licensed medical laboratory or its director to an unlicensed medical laboratory. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 8402-A — ME Code / Title 22 / Subtitle 6 / Chapter 1675 / Section 8402-A
22 §8402-A. Rules and regulations
Status: in_force

The department shall establish rules and regulations for the administration of medication in nursery schools. [PL 1977, c. 497, §9 (NEW).]
22 M.R.S. § 1591 — ME Code / Title 22 / Subtitle 2 / Chapter 263-B / Section 1591
22 §1591. Immunity and employment protection
Status: in_force

No physician, nurse or other person who refuses to perform or assist in the performance of an abortion, and no hospital or health care facility that refuses to permit the performance of an abortion upon its premises, shall be liable to any person, firm, association or corporation for damages allegedly arising from the refusal, nor shall such refusal constitute a basis for any civil liability to any physician, nurse or other person, hospital or health care facility nor a basis for any disciplinary or other recriminatory action against them or any of them by the State or any person. [PL 1977, c. 696, §186 (NEW).]

A physician, nurse or other person who refuses to perform or assist in the performance of an abortion may not, because of that refusal, be dismissed, suspended, demoted or otherwise prejudiced or damaged by a hospital, health care facility, firm, association, professional association, corporation or educational institution with which the physician, nurse or other person is affiliated or requests to be affiliated or by which the physician, nurse or other person is employed, nor may that refusal constitute grounds for loss of any privileges or immunities to which the physician, nurse or other person would otherwise be entitled, nor may submission to an abortion or the granting of consent therefor be a condition precedent to the receipt of any public benefits. [RR 2021, c. 2, Pt. B, §95 (COR).]
22 M.R.S. § 7947 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7947
22 §7947. Rules
Status: in_force

The department shall adopt rules for intermediate sanctions in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II . [PL 1987, c. 774, §4 (NEW).]
22 M.R.S. § 4099-J — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-J
22 §4099-J. Definitions
Status: in_force

1. Investigation team. "Investigation team" means individuals employed by the department to investigate allegations of out-of-home abuse or neglect pursuant to this subchapter. [PL 2023, c. 248, §4 (NEW).]

2. Licensed. "Licensed" means holding a license as defined in Title 5, section 8002, subsection 5 or, with respect to the Department of Education, any other form of approval or authorization required by law. [PL 2023, c. 248, §4 (NEW).]

3. Out-of-home abuse or neglect. "Out-of-home abuse or neglect" means abuse or neglect or a suspicious child death: A. That occurs in a facility or in the care of a person licensed or subject to inspection by the department, the Department of Education or the Department of Corrections; [PL 2023, c. 248, §4 (NEW).] B. That occurs in a facility operated by the department, the Department of Education or the Department of Corrections; or [PL 2023, c. 248, §4 (NEW).] C. That occurs in the care of an unlicensed provider that is funded by the department. [PL 2023, c. 248, §4 (NEW).] [PL 2023, c. 248, §4 (NEW).]
22 M.R.S. § 1716 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1716
22 §1716. Charity care guidelines (WHOLE SECTION TEXT REPEALED 7/01/26 by PL 2025, c. 488, §§2, 8)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT REPEALED 7/01/26 by PL 2025, c. 488, §§2, 8)(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/26)

The department shall adopt reasonable guidelines for policies to be adopted and implemented by hospitals with respect to the provision of health care services to patients who are determined unable to pay for the services received. The department shall adopt income guidelines that are consistent with the guidelines applicable to the Hill-Burton Program established under 42 United States Code, Section 291, et seq. (1995). The guidelines and policies must include the requirement that upon admission or, in cases of emergency admission, before discharge of a patient, hospitals must investigate the coverage of the patient by any insurance or state or federal programs of medical assistance. The guidelines must include provisions for notice to the public and the opportunity for a fair hearing regarding eligibility for charity care. [PL 1995, c. 653, Pt. B, §7 (NEW); PL 1995, c. 653, Pt. B, §8 (AFF); PL 1995, c. 696, Pt. A, §36 (NEW).]
22 M.R.S. § 1329 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1329
22 §1329. Lead poisoning warning statement
Status: in_force

1. Display of poster; availability of brochure. A retailer, store or commercial establishment that offers paint or other supplies intended for the removal of paint shall display a poster in a prominent and easily visible location and make available to its customers brochures containing statements that the dry sanding or scraping of paint in dwellings built before 1978 is dangerous and that the improper removal of old paint is a significant source of lead dust and the primary cause of lead poisoning. The poster and brochure must also inform consumers about where they may obtain more information on lead poisoning and paint removal. [PL 2007, c. 628, Pt. A, §7 (NEW).]

2. Posters and brochures. The department shall produce posters and brochures to meet the requirements of subsection 1 and shall provide paper copies of the posters and brochures to retailers, stores and commercial establishments and post copies for downloading on the department's website. A retailer, store or commercial establishment may display posters and provide brochures that differ from those provided by the department if the posters and brochures provide the information required under subsection 1 . [PL 2007, c. 628, Pt. A, §7 (NEW).]
22 M.R.S. § 4055 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4055
22 §4055. Grounds for termination
Status: in_force

1. Grounds. The court may order termination of parental rights if: A. One of the following conditions has been met: (1) Custody has been removed from the parent under: (a) Section 4035 or 4038 ; (b) Title 19‑A, section 1502 or 1653 ; (c) Section 3792 prior to the effective date of this chapter; or (d) Title 15, section 3314, subsection 1, paragraph C‑1 ; or (2) The petition has been filed as part of an adoption proceeding in Title 18‑C, Article 9 or by a parent of the child or a parent or guardian of another parent of the child if that parent is a minor pursuant to Title 19‑A, section 1658 ; and [PL 2021, c. 340, §5 (AMD).] B. Either: (1) The parent consents to the termination after a judge has fully explained the effects of a termination order and such consent is written and voluntarily and knowingly executed in court before a judge; (2) The court finds, based on clear and convincing evidence, that: (a) Termination is in the best interest of the child; and (b) Either: (i) The parent is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time which is reasonably calculated to meet the child's needs; (ii) The parent has been unwilling or unable to take responsibility for the child within a time which is reasonably calculated to meet the child's needs; (iii) The child has been abandoned; or (iv) The parent has failed to make a good faith effort to rehabilitate and reunify with the child pursuant to section 4041 ; or (3) In the case of a petition brought as part of an adoption proceeding pursuant to Title 18‑C, Article 9 or by a parent of the child or a parent or guardian of another parent of the child if that parent is a minor pursuant to Title 19‑A, section 1658 , the court finds that the applicable standards for termination of parental rights have been proven. [PL 2021, c. 340, §5 (AMD).] [PL 2021, c. 340, §5 (AMD).]

1-A. Rebuttable presumption. The court may presume that the parent is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time which is reasonably calculated to meet the child's needs if: A. The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent; [PL 1995, c. 481, §3 (AMD).] B. The victim of any of the following crimes was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent and the parent has been convicted of: (1) Murder; (2) Felony murder; (3) Manslaughter; (4) Aiding or soliciting suicide; (5) Aggravated assault; (6) Rape; (7) Gross sexual misconduct or gross sexual assault; (8) Sexual abuse of minors; (9) Incest; (10) Kidnapping; (11) Promotion of prostitution, sexual exploitation of a minor, sex trafficking or aggravated sex trafficking; or (12) A comparable crime in another jurisdiction; [PL 2015, c. 360, §4 (AMD).] C. The child has been placed in the legal custody or care of the department, the parent has a chronic substance use disorder, and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of time, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide safe care of a child for a period of 9 months due to substance use constitutes a chronic substance use disorder; [PL 2017, c. 407, Pt. A, §85 (AMD).] D. The child has been placed in the legal custody or care of the department, the court has previously terminated parental rights to another child who is a member of the same family and the parent continues to lack the ability or willingness to show the court that the parent has sought services that would rehabilitate the parent or the parent can not show evidence that an additional period of services would result in reunification in a time reasonably calculated to meet the needs of the child and the child's need for a permanent home; or [PL 1995, c. 481, §4 (NEW).] E. The child has been placed in the legal custody or care of the department for at least 9 months, and the parents have been offered or received services to correct the situation but have refused or have made no significant effort to correct the situation. [PL 1997, c. 475, §9 (AMD).] [PL 2017, c. 407, Pt. A, §85 (AMD).]

1-B. Conception by sexual assault as grounds for termination. The court may order termination of parental rights if the court finds, based on clear and convincing evidence, that the child was conceived as a result of an act by the parent of sexual assault or a comparable crime in another jurisdiction. For purposes of this subsection, "sexual assault" has the same meaning as in Title 17‑A, section 253 , 254 or 556 . A guilty plea or conviction for sexual assault is considered clear and convincing evidence for purposes of this subsection. [PL 2015, c. 427, §2 (NEW).]

2. Primary considerations. In deciding to terminate parental rights, the court shall consider the best interest of the child, the needs of the child, including the child's age, the child's attachments to relevant persons, periods of attachments and separation, the child's ability to integrate into a substitute placement or back into the parent's home and the child's physical and emotional needs. [PL 1997, c. 475, §10 (AMD).]

3. Wishes of child. The court shall consider the wishes of a child, in a manner appropriate to the age of the child, in making an order under this section. [PL 2009, c. 557, §4 (AMD).]
22 M.R.S. § 3764 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3764
22 §3764. Federal grants
Status: in_force

The Treasurer of State is the appropriate fiscal officer of the State to receive federal grants on account of the TANF program and administration of those grants, in accordance with the United States Social Security Act, and the State Controller shall authorize expenditures as approved by the department. [PL 1997, c. 530, Pt. A, §16 (NEW).]
22 M.R.S. § 2660-Z — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-Z
22 §2660-Z. Information regarding PFAS; private drinking water wells
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Environmental Protection. [PL 2025, c. 321, §1 (NEW).] B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or polyfluoroalkyl substance that is detectable in drinking water using standard laboratory methods established by the United States Environmental Protection Agency, including regulated PFAS contaminants. [PL 2025, c. 321, §1 (NEW).] C. "Regulated PFAS contaminants" means: (1) The specific PFAS compounds regulated pursuant to the drinking water standards adopted by the Department of Health and Human Services in accordance with Resolve 2021, chapter 82; or (2) If maximum contaminant levels for PFAS are adopted by the Department of Health and Human Services subsequent to the adoption of the drinking water standards described in subparagraph (1), the specific PFAS compounds regulated pursuant to those maximum contaminant levels. [PL 2025, c. 321, §1 (NEW).] [PL 2025, c. 321, §1 (NEW).]

2. Posting of information regarding maximum contaminant levels for PFAS. The department shall post on its publicly accessible website information regarding the most stringent maximum contaminant levels adopted by a federal agency or the State for regulated PFAS contaminants, measured in parts per trillion, that are in effect at the time the information is posted and update the information whenever a maximum contaminant level is changed. [PL 2025, c. 321, §1 (NEW).]

3. Provision of information to owner of private drinking water well tested for PFAS contamination. If the department conducts or facilitates the testing of a private drinking water well for potential PFAS contamination, it shall provide to the owner of the well, by mail and, if possible, by e-mail, the following information at the time that it provides the owner with the results of that testing: A. Information regarding the most stringent maximum contaminant levels adopted by a federal agency or the State for regulated PFAS contaminants, measured in parts per trillion, that are in effect at the time of the testing; [PL 2025, c. 321, §1 (NEW).] B. A comparison of the testing results to the most stringent maximum contaminant levels adopted by a federal agency or the State for regulated PFAS contaminants, measured in parts per trillion, that are in effect at the time of the testing; and [PL 2025, c. 321, §1 (NEW).] C. Information regarding resources available to owners of private drinking water wells affected by PFAS contamination, including information regarding available mitigation strategies for PFAS in private drinking water wells, information regarding entities that test for PFAS in private drinking water wells and information regarding financial assistance, if available, from state, federal and local governments and other sources to support testing and mitigation of PFAS in private drinking water wells. [PL 2025, c. 321, §1 (NEW).] [PL 2025, c. 321, §1 (NEW).]

4. Provision of information to other private drinking water well owners. If the department has not conducted or facilitated the testing of a private drinking water well for potential PFAS contamination, the department shall provide to the owner of the private drinking water well, by mail and, if possible, by e-mail, the information under subsection 3, paragraphs A and C if the department has knowledge that the well may be contaminated by PFAS or if the owner requests such information by telephone, in writing or by e-mail. [PL 2025, c. 321, §1 (NEW).]
22 M.R.S. § 2168 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2168
22 §2168. Fees
Status: in_force

1. Application and renewal. Each application for, or renewal of, a license to operate a food establishment must be accompanied by a fee determined by the commissioner in accordance with subsection 5 . A. [PL 2007, c. 539, Pt. GGGG, §4 (RP).] B. [PL 2007, c. 539, Pt. GGGG, §4 (RP).] C. [PL 2007, c. 539, Pt. GGGG, §4 (RP).] A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. [PL 2007, c. 539, Pt. GGGG, §4 (AMD).]

2. Food salvage. Each application for, or renewal of, a license to operate a food salvage establishment or to act as a salvage broker must be accompanied by a fee determined by the commissioner in accordance with subsection 5 . A license may be issued for a one-year, 2-year or 3-year period. Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year license is 2 times the annual fee. The fee for a 3-year license is 3 times the annual fee. [PL 2007, c. 539, Pt. GGGG, §5 (AMD).]

3. Refunds and transfers; General Fund. No fee is refundable. A license is not assignable or transferable. Fees collected by the commissioner pursuant to this section must be deposited in the General Fund. [PL 1989, c. 888, §7 (NEW).]

4. Reinspection required for violations. If, upon inspection, the commissioner finds a licensee under this subchapter to be in violation of requirements of this subchapter or rules adopted under this subchapter, the commissioner shall issue a written citation describing the violation, the required corrective action to be taken by the licensee and the date by which the correction must be made. If the corrective action has not been taken within the specified period and a 3rd inspection is required in any one year, the commissioner may charge the licensee a reinspection fee not to exceed $50. The commissioner shall notify the licensee in writing about the reinspection fee at the time the original citation is issued. [PL 1991, c. 837, Pt. A, §48 (NEW).]

5. Rules. The commissioner shall adopt rules to establish a schedule of fees for licenses issued under this chapter. Fees must be appropriate to the size of the establishment. Notwithstanding Title 5, section 8071, subsection 3, paragraph B , rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 539, Pt. GGGG, §6 (NEW).]
22 M.R.S. § 2163 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2163
22 §2163. Sale of horsemeat prohibited
Status: in_force

A person, firm, corporation or officer, agent or employee thereof within the State may not transport, receive for transportation, sell or offer for sale or distribution any equine meat or food products thereof or serve, expose or offer for sale or distribution, either in any public place or elsewhere, any equine meat or products containing equine meat. [PL 2021, c. 64, §2 (AMD).]

The Commissioner of Agriculture, Conservation and Forestry shall by adequate inspection see that the requirements of this section are carried out. [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

A person, firm or corporation that violates any of the provisions of this section commits a civil violation for which a fine of not more than $100 for the first offense and a fine of not more than $200 for each subsequent offense must be adjudged, and the District and Superior Courts have concurrent jurisdiction of the offense. [PL 2021, c. 64, §2 (AMD).]
22 M.R.S. § 4004-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4004-A
22 §4004-A. Voluntary agreements
Status: in_force

1. Agreement authorized. If the following conditions are met, the department and a custodian may enter into a mutual agreement in which the custodian retains custody of the child and the department agrees to provide services to the child. A. The department finds that staying in the custodian's home would be detrimental to the welfare of the child. [PL 1993, c. 724, §1 (NEW).] B. The department finds that, absent a mutual agreement, the child is at risk of entering the child protection system or the juvenile justice system. [PL 1993, c. 724, §1 (NEW).] [PL 1993, c. 724, §1 (NEW).]

2. Agreement requirements. An agreement entered into pursuant to subsection 1 must meet the following requirements. A. The agreement may not exceed 180 days unless, within the 180 days, the District Court has found that returning to the custodian's home would be detrimental to the welfare of the child. If the court has made that determination, the agreement may continue but must be reviewed by the court no more than 18 months after commencement of the agreement and at least every 2 years following the 18-month review. [PL 1993, c. 724, §1 (NEW).] B. The agreement must specify the legal status of the child and the rights and obligations of the custodian, the child, the department and any other parties to the agreement. [PL 1993, c. 724, §1 (NEW).] C. If the custodian is able to contribute resources to the care of the child, that contribution must be specified in the agreement. Resources include, but are not limited to, insurance coverage and disposable income. [PL 1993, c. 724, §1 (NEW).] D. The agreement must be approved by the commissioner or the commissioner's designee. [PL 1993, c. 724, §1 (NEW).] [PL 1993, c. 724, §1 (NEW).]

3. Additional parties. The Department of Corrections, the Department of Education and any other appropriate state agency may be additional parties to the agreement. [PL 2011, c. 657, Pt. AA, §64 (AMD).]

4. Section 4022 not affected. This section does not apply to agreements entered into under section 4022 . [PL 1993, c. 724, §1 (NEW).]

5. Rules. The department may adopt rules to implement this section. [PL 1993, c. 724, §1 (NEW).]
22 M.R.S. § 8943 — ME Code / Title 22 / Subtitle 6 / Chapter 1687 / Section 8943
22 §8943. Central registry
Status: in_force

The department shall establish and maintain a central registry for cases of birth defects to accomplish the purposes of this chapter and facilitate research on birth defects. The submission of information to and distribution of information from the central registry are subject to the requirements of this chapter and other provisions of law. Information that directly or indirectly identifies individual persons contained within the registry is confidential and must be distributed from the registry in accordance with rules adopted by the department. The department shall adopt rules according to which it will in a timely fashion refer to the Child Development Services System children with confirmed birth defects who may be eligible for early intervention. The department and the Department of Education shall execute an interagency agreement to facilitate the referrals under this section. In accordance with the interagency agreement, the Department of Education shall offer a single point of contact for the Department of Health and Human Services to use in making referrals. Also in accordance with the interagency agreement, the Child Development Services System may make direct contact with the families who are referred. The referrals may take place electronically. For purposes of quality assurance and improvement, the Child Development Services System shall supply to the department aggregate data at least annually on the number of children referred under this section who were found eligible for early intervention services and on the number of children found not eligible for early intervention services. In addition, the department shall supply data at least annually to the Child Development Services System on how many children had data entered into the registry. For a child whose parent or legal guardian objects on the basis of sincerely held religious belief, the department may not require the reporting of information about that child to the central registry or enter into the central registry information regarding birth defects of that child. [PL 2007, c. 450, Pt. A, §9 (AMD).]
22 M.R.S. § 1963 — ME Code / Title 22 / Subtitle 2 / Chapter 408 / Section 1963
22 §1963. Responsibilities of the Public Health Nursing Program
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

The Public Health Nursing Program has the following responsibilities: [PL 1995, c. 502, Pt. D, §4 (AMD).]

1. Establish standards. To establish standards for the following programs carried out by the department pursuant to state or federal laws or regulations: A. Community nursing services in communicable diseases; [PL 1977, c. 516 (NEW).] B. Programs for promoting the health of mothers and children; and [PL 1977, c. 516 (NEW).] C. School health screening, to be done in cooperation with the Department of Education; [PL 1995, c. 502, Pt. D, §4 (AMD).] [PL 1995, c. 502, Pt. D, §4 (AMD).]

2. Information. To inform community nursing agencies of the standards in subsection 1 ; [PL 1977, c. 516 (NEW).]

3. Provide nursing services. To provide nursing services in communities that lack these services or in which these services are inadequate according to established standards. The Public Health Nursing Program shall provide to communities within the State nursing services, including, but not limited to: A. Treatment of and support for drug-affected babies and their parents; [PL 2017, c. 312, Pt. A, §1 (NEW).] B. Assistance with public health emergencies, including, but not limited to, outbreaks of infectious disease, natural disasters and bioterrorist attacks; [PL 2017, c. 312, Pt. A, §1 (NEW).] C. Early identification of children at risk of potential adverse childhood experiences to prevent future mental health and physical health issues; [PL 2017, c. 312, Pt. A, §1 (NEW).] D. Support for chronic disease management to prevent costly hospitalizations and assistance to persons with chronic diseases who may not have health coverage; [PL 2017, c. 312, Pt. A, §1 (NEW).] E. Early identification of persons at risk of domestic violence and referrals to community-based services as appropriate to those persons; [PL 2017, c. 312, Pt. A, §1 (NEW).] F. Support for the public health infrastructure under chapter 152 , including, but not limited to, the district coordinating councils for public health as defined in section 411, subsection 3 and local public health officers and the creation and implementation of district public health improvement plans; [RR 2017, c. 1, §12 (COR).] G. Assistance with the public health assessment and planning responsibilities of the Maine Center for Disease Control and Prevention and hospitals located within the State; [PL 2017, c. 312, Pt. A, §1 (NEW).] H. Support and education for prenatal clients, parents and newborn infants who are at risk for health challenges; [PL 2017, c. 312, Pt. A, §1 (NEW).] I. (TEXT EFFECTIVE UNTIL 7/01/26) Support for activities of programs within the Maine Center for Disease Control and Prevention, including, but not limited to, the Universal Childhood Immunization Program under section 1066 and environmental health and tuberculosis programs; [PL 2017, c. 312, Pt. A, §1 (NEW).] I. (TEXT EFFECTIVE 7/01/26) Support for activities of programs within the Maine Center for Disease Control and Prevention, including, but not limited to, the Universal Immunization Program under section 1066 and environmental health and tuberculosis programs; [PL 2025, c. 440, §15 (AMD); PL 2025, c. 440, §17 (AFF).] J. Support for activities of programs that serve refugee and immigrant health services programs; and [PL 2017, c. 312, Pt. A, §1 (NEW).] K. Support for the assessment of unmet health needs in the elderly population, especially in rural areas, and assisting elderly persons in finding and receiving medical or community-based services; and [PL 2017, c. 312, Pt. A, §1 (NEW).] [RR 2017, c. 1, §12 (COR); PL 2025, c. 440, §15 (AMD); PL 2025, c. 440, §17 (AFF).]

4. Provide technical assistance. To provide technical assistance to school health nurses, prenatal clinics, community immunization clinics and child health conferences and groups seeking to establish clinics and conferences. [PL 1995, c. 502, Pt. D, §4 (AMD).]
22 M.R.S. § 41 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 41
22 §41. Commissioner's report
Status: in_force

The commissioner, as soon as practicable after the close of the fiscal year that is indicated by an even number, shall report to the Governor the activities of the department during the biennial period just ended with such suggestions as to legislative action as the commissioner considers necessary or important. [RR 2021, c. 2, Pt. B, §81 (COR).]
22 M.R.S. § 1829 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1829
22 §1829. Notice to medical utilization review entity
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Medical utilization review entity" means a person, corporation, organization or other entity that provides medical utilization review services as defined in Title 24‑A, section 2773 . [PL 1991, c. 548, Pt. A, §17 (RPR).] B. "Emergency treatment" means treatment of a case involving accidental bodily injury or the sudden and unexpected onset of a critical condition requiring medical or surgical care for which a person seeks immediate medical attention within 24 hours of the onset. [PL 1991, c. 548, Pt. A, §17 (RPR).] [PL 1991, c. 548, Pt. A, §17 (RPR).]

2. Notification requirement. If a hospital provides emergency treatment to a person who is insured or otherwise covered under a policy or contract that requires review of hospitalization by a medical utilization review entity, the hospital must notify the medical utilization review entity covering that person, unless the person is: A. Released from the hospital no more than 48 hours after admission; or [PL 1991, c. 548, Pt. A, §17 (RPR).] B. Covered under an insurance policy or contract that is not subject to Title 24, section 2302‑B , Title 24‑A, section 2749‑A or Title 24‑A, section 2847‑A . [PL 1993, c. 645, Pt. A, §2 (AMD).] The notification must include the name of the person admitted, the general medical nature of the admission and the telephone number of the admitting physician or other health care provider treating the person. [PL 1993, c. 645, Pt. A, §2 (AMD).]

3. Timing of notification. Notification must be made within 2 business days after the hospital determines the identity of the utilization review entity and receives written authorization to release the information by the patient or other person authorized to permit release of the information. [PL 1991, c. 548, Pt. A, §17 (RPR).]

4. Exemption. The hospital is exempt from this requirement if: A. The hospital receives a written confirmation from the admitting physician, the patient or a representative of the patient that the medical utilization review entity has been notified; or [PL 1991, c. 548, Pt. A, §17 (RPR).] B. The hospital is not able to obtain written authorization to release the information, following a good faith effort by the hospital to obtain that authorization. [PL 1991, c. 548, Pt. A, §17 (RPR).] [PL 1991, c. 548, Pt. A, §17 (RPR).]

5. Immunity from liability for notification. Neither the hospital nor any of its employees or representatives may be held liable for damages resulting from the notification required by this section. [PL 1991, c. 548, Pt. A, §17 (RPR).]
22 M.R.S. § 1547 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1547
22 §1547. Tobacco specialty store; entry prohibited for persons under 18 years of age
Status: in_force

A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian, regardless of whether smoking is allowed in that store. [PL 2005, c. 223, §3 (NEW).] Revisor's Note: §1547. Enforcement (As enacted by PL 2005, c. 257, §8 is REALLOCATED TO TITLE 22, SECTION 1548)
22 M.R.S. § 7263 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7263
22 §7263. Authorized uses and restrictions on prescription data - Article 3
Status: in_force

1. Authority of member state. Under the compact a member state: A. Retains its authority and autonomy over its prescription monitoring program and prescription data in accordance with its laws, rules and policies; [PL 2011, c. 217, §1 (NEW).] B. May provide, restrict or deny prescription data to a requestor of another state in accordance with the member state's laws, rules and policies; [PL 2011, c. 217, §1 (NEW).] C. May provide, restrict or deny prescription data received from another state to a requestor within that state; and [PL 2011, c. 217, §1 (NEW).] D. Has the authority to determine which requestors are authorized. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

2. Restrictions on prescription data. Prescription data obtained by a member state pursuant to this compact has the following restrictions. A. It must be used solely for purposes of providing the prescription data to a requestor. [PL 2011, c. 217, §1 (NEW).] B. It may not be stored in the member state's prescription monitoring program database, except for stored images, nor in any other database. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]

3. Limit on categories of requestors. A member state may limit the categories of requestors of another member state that will receive prescription data. [PL 2011, c. 217, §1 (NEW).]

4. Requestor authentication. The commission shall promulgate rules establishing standards for requestor authentication. A. Every member state shall authenticate requestors according to the rules established by the commission. [PL 2011, c. 217, §1 (NEW).] B. A member state may authorize its requestors to request prescription data from another member state only after such requestor has been authenticated. [PL 2011, c. 217, §1 (NEW).] C. A member state that becomes aware of a requestor who violated the laws or rules governing the appropriate use of prescription data shall notify the state that transmitted the prescription data. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 2667 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2667
22 §2667. Inspections
Status: in_force

The department may conduct the inspections as it considers necessary to ensure compliance with the provisions of this chapter and has right of entry at any reasonable hour to public pools or spas for this purpose. [PL 2007, c. 631, §9 (AMD).]
22 M.R.S. § 1812-B — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-B
22 §1812-B. Delegating the administration of medication
Status: in_force

The administration of medication in facilities licensed under section 1811 , except nonnursing level intermediate care facilities for persons with intellectual disabilities, may be delegated to unlicensed personnel when such personnel have received appropriate training and instruction and the programs of training and instruction have been approved by the State Board of Nursing. The administration of medication in nonnursing level intermediate care facilities for persons with intellectual disabilities may be performed by unlicensed personnel when these personnel have received appropriate training and instruction and the programs of training and instruction have been approved by the department. Delegation of the administration of medication does not require the personal presence of the delegating professional nurse at the place where this service is performed, unless that personal presence is necessary to ensure that medications are safely administered. The board shall issue such rules concerning delegation as it considers necessary to ensure the highest quality of health care to the patient. The department shall issue such rules as it considers necessary to ensure the highest quality of health care to residents of nonnursing level intermediate care facilities for persons with intellectual disabilities. [PL 2025, c. 237, §2 (AMD).]
22 M.R.S. § 3186 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3186
22 §3186. Medical and social services referral service
Status: in_force

The department shall establish and maintain an information and referral service for medically indigent persons who become pregnant as a result of rape, gross sexual misconduct, incest or sexual abuse. The information and referral service shall include a list of medical and social services available from state and private sources, including, but not limited to, counseling services, shelter, maternal health care, a list of physicians who have voluntarily agreed to provide to Medicaid eligible victims, pro bono, medical services not available from Medicaid and other applicable medical or social services. [PL 1987, c. 402, Pt. A, §140 (RPR).]

This information shall also be made available to rape crisis centers, family planning agencies and other appropriate organizations. [PL 1987, c. 402, Pt. A, §140 (RPR).]

In addition to the medical and social services information provided, the department shall strongly encourage and counsel each person receiving this information to report the rape, gross sexual misconduct, incest or sexual abuse to the appropriate authorities for criminal prosecution and shall assist that person in making the report, if requested. [PL 1987, c. 402, Pt. A, §140 (RPR).]

Principles of reimbursement established for intermediate care facilities for persons with intellectual disabilities must be amended to implement the recommendations of the Advisory Committee on Staff Retention. [PL 2011, c. 542, Pt. A, §34 (AMD).]
22 M.R.S. § 2620 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2620
22 §2620. Provisions governing administrative penalties
Status: in_force

Administrative penalties imposed under this subchapter are governed by the following provisions. [PL 1993, c. 678, §4 (NEW).]

1. Maximum penalty. An administrative penalty may not be greater than $750 for each violation, except that for public water systems serving more than 10,000 people, an administrative penalty may not be less than $1,000 for each violation. Each day that a violation remains uncorrected may be counted as a separate violation. [PL 1997, c. 705, §9 (AMD).]

2. Schedule of penalties. The commissioner shall adopt rules in accordance with Title 5, chapter 375 establishing a schedule of administrative penalties. Factors that may be considered include but are not limited to: A. The nature and duration of the violation; [PL 1993, c. 678, §4 (NEW).] B. The level of assessment necessary to ensure immediate and continued compliance; [PL 1993, c. 678, §4 (NEW).] C. Whether steps were taken by the public water system to prevent the violation; [PL 1993, c. 678, §4 (NEW).] D. Whether steps were taken by the public water system to remediate or mitigate damage resulting from the violation; [PL 1993, c. 678, §4 (NEW).] E. Whether the public water system has a history of violations; [PL 1993, c. 678, §4 (NEW).] F. The financial condition of the public water system; [PL 1993, c. 678, §4 (NEW).] G. Whether or not compliance is less costly than committing the violation; [PL 1993, c. 678, §4 (NEW).] H. Deterrence of future noncompliance; and [PL 1993, c. 678, §4 (NEW).] I. The best interest of the public. [PL 1993, c. 678, §4 (NEW).] [PL 1993, c. 678, §4 (NEW).]

3. Payment of penalty. Administrative penalties must be paid within 30 days of the issuance of notice of administrative penalty or, if appealed, within 30 days of the appeal decision. The commissioner shall deposit administrative penalties received into the Public Drinking Water Fund established in section 2660‑F . [PL 1993, c. 678, §4 (NEW).]

4. Enforcement. Further prosecution of a person who fails to pay the full penalty imposed pursuant to this chapter must be referred to the Attorney General for appropriate action. A person who fails to pay the full penalty imposed pursuant to this chapter is liable for all fines and penalties allowed under this subchapter and all costs, interest and fees incurred by the State, including attorney's fees. [PL 1993, c. 678, §4 (NEW).]
22 M.R.S. § 1471-U — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-U
22 §1471-U. Municipal ordinances
Status: in_force

1. Centralized listing. The Board of Pesticides Control shall maintain for informational purposes, for the entire State, a centralized listing of municipal ordinances that specifically apply to pesticide storage, distribution or use. [PL 1989, c. 93, §1 (RPR).]

2. Existing ordinances. The clerk of any municipality which, on the effective date of this section, has an ordinance to be listed under subsection 1 shall file a copy of that ordinance with the board by December 31, 1988. [PL 1989, c. 93, §1 (RPR).]

3. New ordinances. The clerk of the municipality shall provide the board with notice and a copy of any ordinance to be listed under subsection 1 at least 7 days prior to the meeting of the legislative body or the public hearing at which adoption of the ordinance will be considered. The clerk shall notify the board within 30 days after adoption of the ordinance. [PL 1989, c. 93, §1 (RPR).]

4. Intent. It is the intent of this section to provide information on municipal ordinances. This section shall not affect municipal authority to enact ordinances. [PL 1989, c. 93, §1 (RPR).]

5. Failure to file. For any ordinance which is not filed with the board, with notice given to the board in accordance with this section, which is otherwise valid under the laws of this State, any provision that specifically applies to storage, distribution or use of pesticides shall be considered void and of no effect after the deadline for filing and until the board is given proper notice and the ordinance is filed with the board. [PL 1989, c. 93, §1 (RPR).]
22 M.R.S. § 772 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 772
22 §772. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 657, §1 (NEW).]

1. Associated radiological concerns. "Associated radiological concerns" means radioactive elements other than radon, including, but not limited to, radium, thorium, uranium and their respective decay products. [PL 1989, c. 657, §1 (NEW).]

2. Authorized radon testing device. "Authorized radon testing device" means a device that: A. Collects radon or its decay products; [PL 1989, c. 657, §1 (NEW).] B. Requires analysis by an independent measuring facility or is a continuous monitoring device; and [PL 1989, c. 657, §1 (NEW).] C. Has been determined to meet the proficiency requirements as determined by the department through rule. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 574, §8 (AMD).] [PL 2001, c. 574, §8 (AMD).]

3. Division. "Division" means the division of environmental health within the Department of Health and Human Services. [PL 2011, c. 144, §1 (RPR).]

4. Listed facility. "Listed facility" means a radon testing facility that is designated as providing radon analysis services and that has proven its proficiency to the department. [PL 1999, c. 76, §2 (AMD).]

5. Radon. "Radon" means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil or other media. [PL 1989, c. 657, §1 (NEW).]

6. Radon testing services. "Radon testing services" means providing, for remuneration, determination of radon levels or analysis of an authorized radon testing device. This term includes those services provided by listed facilities. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 2123 — ME Code / Title 22 / Subtitle 2 / Chapter 416 / Section 2123
22 §2123. Administration
Status: in_force

The Department of Health and Human Services shall provide to any public school system or private educational system financial reimbursement for the costs of providing dental health education to children. [PL 1979, c. 522, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

The Division of Dental Health, Department of Health and Human Services, shall administer the program. [PL 1991, c. 152, §8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 774 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 774
22 §774. Radon testing; registration required
Status: in_force

A person may not perform, evaluate or advertise to perform or evaluate tests for the presence of radon in buildings or on building lots unless registered with the division. This registration requirement includes without limitation a person whose place of business is located in the State, or in another state, who offers radon testing services to residents of the State either directly or through the mail. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 1902 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1902
22 §1902. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 236, §3 (AMD).]

1. Contraceptive procedures. "Contraceptive procedures" means any medically accepted procedure to prevent pregnancy when performed by or under the direction of a health care practitioner on a requesting and consenting patient. [PL 2019, c. 236, §3 (AMD).]

1-A. Comprehensive family life education. "Comprehensive family life education" means education in kindergarten to grade 12 regarding human development and sexuality, including education on family planning and sexually transmitted diseases, that is medically accurate and age appropriate; that respects community values and encourages parental communication; that develops skills in communication, decision making and conflict resolution; that contributes to healthy relationships; that promotes responsible sexual behavior with an emphasis on abstinence; that addresses the use of contraception; that promotes individual responsibility and involvement regarding sexuality; and that teaches skills for responsible decision making regarding sexuality. [PL 2001, c. 654, §1 (NEW).]

2. Contraceptive supplies. "Contraceptive supplies" means those medically approved drugs, prescriptions, rhythm charts, devices and other items designed to prevent pregnancy through chemical, mechanical, behavioral or other means. [PL 2019, c. 236, §3 (AMD).]

3. Family planning. "Family planning" means informed and voluntary self-determination of desired family size and of the timing of child bearing based upon comprehensive knowledge of factors pertinent to this determination. [PL 1973, c. 624, §1 (NEW).]

4. Family planning services. "Family planning services" means medically safe and effective sexual and reproductive health care and education that enable persons to freely plan their children, avoid unintended pregnancy and maintain reproductive and sexual health through the provision of contraceptive supplies, contraceptive procedures and related counseling; the prevention and treatment of infertility; appropriate prenatal and obstetric care; the prevention or treatment of sexually transmitted infections; and other services necessary for reproductive and sexual health. [PL 2019, c. 236, §3 (AMD).]

5. Physician. [PL 2019, c. 236, §3 (RP).]

5-A. Health care practitioner. "Health care practitioner" means an individual who is licensed, certified or otherwise authorized under the laws of the State to provide health care services. [PL 2019, c. 236, §3 (NEW).]

6. Person. "Person" means any person regardless of sex, race, sexual orientation, gender identity, number of children, marital status, motive and citizenship. [PL 2019, c. 236, §3 (AMD).]
22 M.R.S. § 4062 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4062
22 §4062. Payments
Status: in_force

1. Payments by department. The department shall provide payments to facilities caring for children to meet the costs of clothing, board and care, within the limits of available funds. The department may establish, by rule, different categories of facilities, levels of need and care and flat-rate or reimbursement methods to distribute these funds. The department may provide child care and travel expense payments to foster and adoptive parents and trainers participating in foster and adoptive parent training programs and volunteers participating in the administrative case review program. Notwithstanding section 4061, subsection 3 , any federally recognized Indian tribe in this State or any Indian foster family home is eligible for benefits and reimbursement under any state or federally funded program administered by the State for the benefit of Maine children, including, but not limited to, children within the jurisdiction of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation under the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901, et seq. or the Maine Indian Child Welfare Act. [PL 2023, c. 359, §8 (AMD).]

2. Unexpended balance. An unexpended balance of funds for these purposes shall not be transferred to another account and shall not lapse. [PL 1979, c. 733, §18 (NEW).]

3. Priority of payments. The department shall ensure that payments for foster care made under this subchapter have the same priority as payments for temporary assistance for needy families pursuant to section 3769, subsection 1 . [PL 1997, c. 530, Pt. A, §31 (AMD).]

4. Kinship and sibling preferences. In the residential placement of a child, the department shall comply with section 4005‑G . [PL 2017, c. 411, §13 (AMD).]
22 M.R.S. § 4056 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4056
22 §4056. Effects of termination order
Status: in_force

1. Parent and child divested of rights. An order terminating parental rights divests the parent and child of all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child, except the child inherits from the child's former parents if so provided in the order. [PL 2017, c. 402, Pt. D, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Only one parent affected. The termination of one parent's rights shall not affect the rights of the other parent. [PL 1979, c. 733, §18 (NEW).]

3. Parent not entitled to participate in adoption proceedings. A parent whose rights have been terminated is not entitled to notice of the child's adoption proceedings, nor does that parent have any right to object to the adoption or participate in the proceedings. [RR 2021, c. 2, Pt. B, §191 (COR).]

4. Child not disentitled to benefit. An order terminating parental rights may not disentitle a child to benefits due to the child from any 3rd person, agency, state or the United States; nor may it affect the rights and benefits that a Native American derives from the child's descent from a member of a federally recognized Indian tribe. [RR 2021, c. 2, Pt. B, §192 (COR).]

5. Financial support. If, prior to the termination of parental rights, the parent was convicted of a crime against the child, the court may include in the termination order the requirement that the parent whose rights are terminated make a lump sum payment to assist in the future financial support of the child. [PL 2003, c. 216, §1 (NEW).]
22 M.R.S. § 1330 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1330
22 §1330. Report
Status: in_force

The department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters whenever the federal Department of Health and Human Services, Centers for Disease Control and Prevention adopts a new blood lead reference level based on the 97.5th percentile of blood lead levels in children established by a national health and nutrition examination survey. [PL 2019, c. 201, §2 (NEW).]
22 M.R.S. § 2519-B — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2519-B
22 §2519-B. Investigation; record keeping
Status: in_force

1. Investigation. The commissioner may: A. Gather and compile information and investigate the organization, business, conduct, practices and management of any person engaged in intrastate commerce and that person's business relationships; and [PL 1999, c. 777, §1 (NEW).] B. Require, by general or special orders, persons engaged in intrastate commerce to file with the commissioner, in the form that the commissioner may prescribe, annual or special reports or answers in writing to specific questions. The person filing the reports or answers shall furnish the commissioner with any information the commissioner may require as to the organization, business, conduct, practices, management and relationship to other persons. The reports and answers must be made under oath or otherwise, as the commissioner may prescribe, and must be filed with the commissioner within a reasonable period, as the commissioner may prescribe, unless additional time is granted by the commissioner. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

2. Access to evidence. For the purpose of this chapter, the commissioner at all reasonable times has access to and the right to copy documentary evidence of a person being investigated or proceeded against. The commissioner may subpoena the attendance and testimony of witnesses and the production of all documentary evidence of a person relating to a matter under investigation or subject to administrative hearing. The commissioner or the commissioner's designee may sign subpoenas, administer oaths and affirmations, examine witnesses and receive evidence. A. The attendance of witnesses and the production of documentary evidence may be required at a designated place of hearing. In a case of disobedience to a subpoena, the commissioner may invoke the aid of the District Court or the Superior Court in requiring the attendance and testimony of witnesses and the production of documentary evidence. [PL 1999, c. 777, §1 (NEW).] B. Upon the application of the Attorney General at the request of the commissioner, the Superior Court has jurisdiction to issue preliminary or permanent injunctions commanding a person to comply with this chapter or an order of the commissioner made pursuant to this chapter. [PL 1999, c. 777, §1 (NEW).] C. The commissioner may order testimony to be taken by deposition in a proceeding or investigation pending under this chapter at any stage of the proceeding or investigation. The depositions may be taken before a person designated by the commissioner who has the power to administer oaths. The testimony must be reduced to writing by the person taking the deposition, or under that person's direction, and must be signed by the deponent. A person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commissioner as provided in this chapter. [PL 1999, c. 777, §1 (NEW).] D. Witnesses summoned before the commissioner must be paid the same fees and mileage that are paid witnesses in the courts of this State. Witnesses whose depositions are taken and the persons taking the depositions are each entitled to the same fees as are paid for like services in the courts. [PL 1999, c. 777, §1 (NEW).] [PL 1999, c. 777, §1 (NEW).]

3. Refusal to testify. A person who neglects or refuses to attend and testify, to answer a lawful inquiry or to produce documentary evidence, if in that person's power to do so, in obedience to the subpoena or lawful requirement of the commissioner or the commissioner's designee commits a Class E crime. [PL 1999, c. 777, §1 (NEW).]
22 M.R.S. § 2173 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2173
22 §2173. Sale of smoked alewives
Status: in_force

Smoked alewives offered for sale need not be free of viscera prior to processing. A person who sells or offers for sale alewives smoked with the viscera shall post a clearly legible sign at the point of display of the alewives that states, "This product is not fully cooked. Eating prior to fully cooking poses a health risk." [PL 1997, c. 439, §1 (NEW).]
22 M.R.S. § 1712 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1712
22 §1712. Itemized bills
Status: in_force

Each hospital licensed by the State under chapter 405 shall inform all patients, or their legal guardians, in writing, at the time of the patient's discharge, that it will provide an itemized bill upon their request. [PL 1983, c. 166 (NEW).]

The request may be made by the patient or the patient's legal guardian at discharge or at any time within 7 years after discharge. [RR 2021, c. 2, Pt. B, §107 (COR).]

The hospital shall provide an itemized bill to the person making the request within 30 days of the request. [PL 1983, c. 166 (NEW).]

Notwithstanding this section, effective July 1, 1985, each hospital shall itemize on the hospital bill of each patient the cost of nursing services provided to that patient. [PL 1983, c. 166 (NEW).]
22 M.R.S. § 7936 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7936
22 §7936. Liability of receiver
Status: in_force

A person may not bring suit against a receiver appointed under section 7933 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in the receiver's official capacity only and any judgment rendered must be satisfied out of receivership assets. [RR 2021, c. 2, Pt. B, §221 (COR).]
22 M.R.S. § 1822 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1822
22 §1822. Notice of voluntary closure of hospital, sanatorium, convalescent home, rest home, nursing home or similar institution
Status: in_force

Any person, including county or local government units, who is conducting, managing or operating any hospital, sanatorium, convalescent home, rest home, nursing home or institution within the meaning of this chapter and who is properly licensed therefor in accordance with this chapter shall give at least 30 days' advance notice of the voluntary closing of such facility to the patients therein and to those persons, governmental units or institutions who are primarily responsible for the welfare of those patients who are being cared for by said hospital, sanatorium, convalescent home, rest home, nursing home or institution so that adequate preparation may be made for the orderly transfer of said patients to another qualified facility. [PL 2019, c. 501, §11 (AMD).]
22 M.R.S. § 2618 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2618
22 §2618. General authorization
Status: in_force

In accordance with the process outlined in section 2619 , the commissioner may impose one or more of the administrative remedies provided in this subchapter when a violation of this chapter, or rules adopted pursuant to this chapter, occurs or if the commissioner determines that administrative remedies are necessary and appropriate to ensure compliance with state drinking water laws, regulations and rules. [PL 1993, c. 678, §4 (NEW).]
22 M.R.S. § 1728 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1728
22 §1728. Prescription drug transparency report
Status: in_force

1. Hospital defined. [PL 2025, c. 388, Pt. P, §1 (RP).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Hospital" means: (1) An acute care institution licensed and operating in this State as a hospital under section 1811 or the parent of such an institution; or (2) A hospital subsidiary or hospital affiliate in the State that provides medical services or medically related diagnostic and laboratory services or engages in ancillary activities supporting those services. [PL 2025, c. 388, Pt. P, §2 (NEW).] B. "340B contract pharmacy" has the same meaning as in Title 24‑A, section 7752, subsection 5 . [PL 2025, c. 388, Pt. P, §2 (NEW).] C. "340B drug" has the same meaning as in Title 24‑A, section 7752, subsection 6 . [PL 2025, c. 388, Pt. P, §2 (NEW).] D. "340B entity" has the same meaning as in Title 24‑A, section 7752, subsection 7 . [PL 2025, c. 388, Pt. P, §2 (NEW).] [PL 2025, c. 388, Pt. P, §2 (NEW).]

2. Report on participation in federal 340B drug program. Beginning January 1, 2024, each hospital participating in the federal drug pricing program under Section 340B of the federal Public Health Service Act, 42 United States Code, Section 256b, referred to in this section as "the 340B program," shall provide an annual report to the Maine Health Data Organization. The Maine Health Data Organization shall post the report on its publicly accessible website. Each hospital shall report in a standardized format as agreed upon by the Maine Health Data Organization and the hospital, and include, at a minimum, the following information in the report consistent with the annual reporting of hospitals voluntarily participating in the good stewardship program of the American Hospital Association or its successor organization: A. A description of how the hospital uses savings from participation in the 340B program to benefit its community through programs and services funded in whole or in part by savings from the 340B program, including services that support community access to care that the hospital could not continue without savings from the 340B program; [PL 2023, c. 276, §1 (NEW).] B. The annual estimated savings from the 340B program to the hospital, comparing the acquisition price of drugs under the 340B program to group purchasing organization pricing. If group purchasing organization pricing is not available for a drug under the 340B program, the acquisition price for that drug must be compared to a price from another acceptable pricing source; [PL 2023, c. 276, §1 (NEW).] C. A comparison of the hospital's estimated savings under the 340B program to the hospital's total drug expenditures, including examples of the hospital's top drugs purchased through the 340B program; and [PL 2023, c. 276, §1 (NEW).] D. A description of the hospital's internal review and oversight of the 340B program, which must meet the federal Department of Health and Human Services, Health Resources and Services Administration's program rules and guidance for compliance. [PL 2023, c. 276, §1 (NEW).] [PL 2023, c. 276, §1 (NEW).]

2-A. Additional reporting by hospitals on participation in federal 340B drug program. In addition to any report required pursuant to subsection 2, beginning July 1, 2026, each hospital participating in the 340B program shall provide an annual report to the Maine Health Data Organization. The Maine Health Data Organization shall post the report on its publicly accessible website. Each hospital shall report in a standardized format, as agreed upon by the Maine Health Data Organization and the hospital, and include, at a minimum, the following information in the report: A. The hospital's national provider identification number; [PL 2025, c. 388, Pt. P, §3 (NEW).] B. The name of the hospital; [PL 2025, c. 388, Pt. P, §3 (NEW).] C. The address of the hospital for the purpose of accepting service of process; [PL 2025, c. 388, Pt. P, §3 (NEW).] D. The classification of the hospital; [PL 2025, c. 388, Pt. P, §3 (NEW).] E. The aggregated acquisition cost for the prescription drugs obtained under the 340B program; [PL 2025, c. 388, Pt. P, §3 (NEW).] F. The aggregated payment amount received for the prescription drugs obtained under the 340B program and dispensed to patients; [PL 2025, c. 388, Pt. P, §3 (NEW).] G. The number of pricing units dispensed or administered for prescription drugs described in paragraph F; [PL 2025, c. 388, Pt. P, §3 (NEW).] H. The aggregated payments made: (1) To 340B contract pharmacies to dispense 340B drugs; (2) To any other entity that is not the 340B entity and is not a 340B contract pharmacy for managing any aspect of the hospital's 340B program; and (3) For all other expenses related to administering the 340B program; and [PL 2025, c. 388, Pt. P, §3 (NEW).] I. The number of claims for prescription drugs described in paragraph H. [PL 2025, c. 388, Pt. P, §3 (NEW).] The information required under this subsection must be reported by payor type, including commercial insurance, medical assistance, the MaineCare program and Medicare as required by the Maine Health Data Organization. The information for paragraphs E to G must also be reported at the National Drug Code level for the 50 most frequently dispensed prescription drugs by the hospital under the 340B program. The information must include all physician-administered and physician-dispensed prescription drugs. Data submitted must also include prescription drugs dispensed by outpatient facilities that are identified as child facilities under the 340B program based on their inclusion on a hospital's Medicare cost report. [PL 2025, c. 388, Pt. P, §3 (NEW).]

3. Reporting. The Maine Health Data Organization shall produce and post on its publicly accessible website a report that includes a summary of the aggregate information received from hospitals required to report under subsection 2 and subsection 2‑A. The Maine Health Data Organization shall submit the report required by this subsection to the Office of Affordable Health Care, as established in Title 5, section 3122 , the Maine Prescription Drug Affordability Board, as established in Title 5, section 12004‑G, subsection 14‑I , and the joint standing committee of the Legislature having jurisdiction over health data reporting and prescription drug matters. [PL 2025, c. 388, Pt. P, §4 (AMD).]
22 M.R.S. § 7945 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7945
22 §7945. Incentives for high quality care
Status: in_force

By January 1, 1989, the department shall establish programs to reward long-term care facilities that provide the highest quality care to residents, including, but not limited to, programs of public recognition. [PL 1987, c. 774, §4 (NEW).]
22 M.R.S. § 255 — ME Code / Title 22 / Subtitle 2 / Chapter 101 / Section 255
22 §255. Coordination of health services funded through the state and federal funds
Status: in_force

1. Findings and declaration of legislative intent. The Legislature finds that the costs of health care and services provided by health care facilities are matters of vital concern to the people of this State and have a direct relationship to the ability of the people to obtain necessary health care. The Legislature further finds that the coordination of health services in a geographic area within an existing health facility, where practicable, increases both access and quantity of services provided and increases the likelihood costs for these services will be reasonable. It is the intent of the Legislature to define a policy for the Department of Health and Human Services in order that health services paid for by state and federal funds be coordinated through existing health facilities whenever possible. [PL 1979, c. 393 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Coordination of health services. To assure equal access to and to avoid the unnecessary duplication of administrative systems, of health services and of health care facilities, the Department of Health and Human Services shall, to the extent practicable, assure that health services funded or provided under the United States Social Security Act, Title V, ESPDT of Title XIX and Title XX, as amended, the United States Public Health Services Act, Section 314 D of Title III, as amended, the Women, Infants and Children (WIC) Special Supplemental Food Program of the United States Child Nutrition Act of 1966, or its successor, the United States Older Americans Act, ASPDT of Title III, as amended, shall be provided through agreements with an existing health facility as long as quality of care is maintained. [PL 1979, c. 393 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2141 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2141
22 §2141. Purpose and intent
Status: in_force

The Legislature finds that licensure of all agencies and organizations providing home health services is desirable and it is the purpose of this chapter to protect the public and assure that home health services are provided under standards of safety, efficiency and quality. [PL 1983, c. 570 (NEW).]

It is the intent of this chapter to set forth the statutory authorization for home health care licensure, including the standards, start-up procedures and means by which licensure is established. [PL 1983, c. 570 (NEW).]
22 M.R.S. § 781 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 781
22 §781. Rules
Status: in_force

The department shall adopt rules, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , necessary to administer and enforce this chapter. Rules must address, but are not limited to, minimal training requirements for registration, periodic reregistration, performance standards, reports, truth-in-advertising requirements and criteria and procedures for revoking registrations. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 3777 — ME Code / Title 22 / Subtitle 3 / Chapter 1054 / Section 3777
22 §3777. Availability of funds
Status: in_force

Nothing in this chapter shall be construed to mean that any department, agency, institution or program shall be required to obligate or expend funds beyond existing funds available to them for these purposes. [PL 1981, c. 512, §16 (NEW).]
22 M.R.S. § 1950 — ME Code / Title 22 / Subtitle 2 / Chapter 407 / Section 1950
22 §1950. Definition of "child"
Status: in_force

For the purposes of this chapter, the word "child" shall mean any person who has not attained the age of 18 years. [PL 1971, c. 598, §35 (AMD).]
22 M.R.S. § 332 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 332
22 §332. Subsequent review
Status: in_force

1. Subsequent review following approval. When the commissioner has approved an application filed unconditionally or subject to conditions pursuant to section 335, subsection 8 , the commissioner may conduct a subsequent review to ensure compliance with any terms or conditions of approval within 3 years after the approved activity is undertaken. The 3-year time limitation does not apply to a subsequent review to ensure that the requirement set forth in section 335, subsection 1, paragraph G continues to be met. In any subsequent review, the commissioner may hold a public hearing and may consider any material or significant changes in factors or circumstances relied upon by the commissioner in approving the application and significant and relevant information that either is new or was withheld by the applicant at the time of the process under section 335 . If, upon review, the commissioner determines that any terms or conditions of the approval have not been met, the commissioner may take enforcement action consistent with subsection 3 and other applicable provisions of this Act. [PL 2023, c. 343, §1 (AMD).]

2. Subsequent review following determination of nonapplicability. The commissioner may hold a public hearing to determine whether the proponent of the expenditure knowingly withheld significant and relevant information or made any material misrepresentations at the time the nonapplicability determination was rendered. The commissioner may take enforcement action consistent with the provisions of this Act if, upon review, the commissioner determines that: A. At the time the nonapplicability determination was rendered the proponent of the expenditure knowingly withheld significant and relevant information or made any material misrepresentations; and [PL 2007, c. 440, §7 (NEW).] B. If the proponent had provided proper information, a certificate of need would have been required for the expenditure or action. [PL 2007, c. 440, §7 (NEW).] [PL 2007, c. 440, §7 (NEW).]

3. Enforcement actions. When the commissioner determines, following the procedures set forth in subsections 1 and 2 , that the holder of a certificate of need when properly required has failed to meet the conditions set forth in the certificate of need approval or that a person covered by this Act has improperly obtained a nonapplicability ruling, the commissioner may take one or more of the following actions. A. The commissioner may, pursuant to section 347 , condition the person's license to prohibit the unauthorized activity and determine the ongoing conduct of that activity to be in violation of the respective chapter under which the person is licensed. A person that is subject to a ruling under this paragraph may request, and the commissioner shall grant pursuant to the Maine Administrative Procedure Act, a stay of the effect of any such determination to condition the person's license to prohibit the particular activity pending final agency action. [PL 2007, c. 440, §7 (NEW).] B. The commissioner may seek to enjoin the unlawful activity pursuant to section 349 . [PL 2007, c. 440, §7 (NEW).] C. The commissioner may impose civil penalties against the person pursuant to section 350 . [PL 2007, c. 440, §7 (NEW).] D. The commissioner may, pursuant to section 348 , petition the Superior Court to withhold prospectively the reimbursement, payment or other financial assistance, either directly or indirectly, from a state agency or other 3rd-party payor that is directly related to the project or activity that required a certificate of need. [PL 2007, c. 440, §7 (NEW).] E. In determining the appropriate sanction, the commissioner or the court shall consider a range of factors and public interests, as applicable to the circumstances, including but not limited to: (1) The degree of negligent or intentional conduct; (2) The clarity or vagueness of the relevant statute or rule; (3) The clarity or vagueness of the prior approval or condition; (4) The efforts of the person to maintain compliance; (5) Whether the person knowingly withheld significant and relevant information or made any material misrepresentations at the time the nonapplicability determination was rendered; (6) The public interest in maintaining the service; and (7) All other proper factors at law and in equity. [PL 2007, c. 440, §7 (NEW).] [PL 2007, c. 440, §7 (NEW).]
22 M.R.S. § 4198 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4198
22 §4198. Limitations -- Article VIII
Status: in_force

This compact shall not apply to:

1. Non-agencies. The sending or bringing of a child into a receiving state by the child's parent, step-parent, grandparent, adult sibling or adult sibling of the child's parent or that sibling's adult spouse or the child's guardian and leaving the child with any of these relatives or a non-agency guardian in the receiving state. [RR 2021, c. 2, Pt. B, §197 (COR).]

2. Other compacts or agreements. Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
22 M.R.S. § 757 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 757
22 §757. Other responsibilities and activities -- Article VII
Status: in_force

Nothing in this compact shall be construed to: [PL 1967, c. 226 (NEW).]

1. Protection program. Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services or facilities. [PL 1967, c. 226 (NEW).]

2. Health protection. Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide for such radiological health protection. [PL 1967, c. 226 (NEW).]

3. Existing arrangements. Affect any existing or future cooperative relationship or arrangement between Federal, State or local governments and a party state or states. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 2769 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2769
22 §2769. Contact preference and medical history forms
Status: in_force

The State Registrar of Vital Statistics shall provide upon request each birth parent a contact preference form and a medical history form as described in this section. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Adoptee" means the person who is the subject of a birth certificate. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] B. "Birth parent" means the person who is the biological parent of an adoptee and who is named as the parent on the original birth certificate of the adoptee. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] C. "Contact preference form" means the form developed by the state registrar pursuant to subsection 3 . [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] D. "Medical history form" means the form developed by the state registrar pursuant to subsection 2 . [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] E. "State registrar" means State Registrar of Vital Statistics. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).]

2. Medical history form. The state registrar shall develop and distribute upon request to birth parents a medical history form. A birth parent may use this form to describe the medical history of the birth parent. A birth parent shall fill out a medical history form if that birth parent fills out a contact preference form. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).]

3. Contact preference form. The state registrar shall develop a contact preference form on which a birth parent may state a preference regarding contact by an adoptee. The form must contain the following statements from which the birth parent may choose only one. A. "I would like to be contacted. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics." [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] B. "I would prefer to be contacted only through an intermediary. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics." [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] C. "Do not contact me. I may change this preference by filling out another contact preference form. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics." [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).] [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).]

4. Attachment of forms to birth certificate; treatment. Upon receipt of a completed contact preference form or medical history form, the state registrar shall attach the completed form to the original birth certificate of the adoptee. A completed contact preference form and medical history form have the same level of confidentiality as the original birth certificate. [PL 2007, c. 409, §5 (NEW); PL 2007, c. 409, §6 (AFF).]

5. Forms; rules. The state registrar shall develop by rule the data elements required for forms as required by this section and may adopt other rules for the administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 601, §23 (AMD).]
22 M.R.S. § 2426 — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2426
22 §2426. Scope
Status: in_force

1. Limitations. This chapter does not permit any person to: A. Undertake any task under the influence of cannabis when doing so would constitute negligence or professional malpractice or would otherwise violate any professional standard; [PL 2009, c. 631, §37 (AMD); PL 2009, c. 631, §51 (AFF); PL 2021, c. 669, §5 (REV).] B. Except as provided in subsection 1‑A , possess cannabis or otherwise engage in the medical use of cannabis: (1) In a school bus; (2) On the grounds of any preschool or primary or secondary school; or (3) In any correctional facility; [PL 2015, c. 369, §2 (AMD); PL 2021, c. 669, §5 (REV).] C. Smoke cannabis: (1) On any form of public transportation; or (2) In any public place; [IB 2009, c. 1, §5 (NEW); PL 2021, c. 669, §5 (REV).] D. Operate, navigate or be in actual physical control of any motor vehicle, aircraft, motorboat, snowmobile or all-terrain vehicle while under the influence of cannabis; [PL 2023, c. 6, §6 (AMD).] E. Use or possess cannabis plants or harvested cannabis if that person is not a qualifying patient, caregiver, registered dispensary or other person authorized to use or possess cannabis under this chapter; or [PL 2023, c. 6, §7 (AMD).] F. Sell, offer to sell or furnish any products containing tobacco, nicotine or synthetic nicotine to any person without first obtaining a retail tobacco license in accordance with chapter 262‑A . [PL 2023, c. 6, §8 (NEW).] [PL 2023, c. 6, §§6-8 (AMD).]

1-A. School exceptions. Notwithstanding subsection 1, paragraph B , a caregiver designated pursuant to section 2423‑A, subsection 1, paragraph F‑1 , subparagraph (4) or the parent, legal guardian or person having legal custody of a qualifying patient may, for the benefit of the qualifying patient, possess and administer harvested cannabis in a school bus and on the grounds of the preschool or primary or secondary school in which the qualifying patient is enrolled only if: A. A medical provider has provided the qualifying patient with a current written certification for the medical use of cannabis under this chapter; [PL 2017, c. 452, §14 (AMD); PL 2021, c. 669, §5 (REV).] B. Possession of harvested cannabis is for the purpose of administering cannabis to the qualifying patient; and [PL 2017, c. 452, §14 (AMD); PL 2021, c. 669, §5 (REV).] C. The parent, legal guardian or person having legal custody of a qualifying patient enrolled in the preschool or primary or secondary school has notified the school that a caregiver has been designated on behalf of the qualifying patient to possess and administer harvested cannabis to the qualifying patient. [PL 2017, c. 452, §14 (NEW); PL 2021, c. 669, §5 (REV).] Harvested cannabis possessed or administered in accordance with this subsection may not be in a form that permits the qualifying patient to engage in smoking. For the purposes of this subsection, "smoking" has the same meaning as in section 1541, subsection 6 , except that "smoking" does not include the use of a nebulizer. [PL 2017, c. 452, §14 (AMD); PL 2021, c. 669, §5 (REV).]

2. Construction. This chapter may not be construed to require: A. A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of cannabis; or [IB 2009, c. 1, §5 (NEW); PL 2021, c. 669, §5 (REV).] B. An employer to accommodate the ingestion of cannabis in any workplace or any employee working while under the influence of cannabis. [IB 2009, c. 1, §5 (NEW); PL 2021, c. 669, §5 (REV).] [IB 2009, c. 1, §5 (NEW); PL 2021, c. 669, §5 (REV).]

3. Penalty for fraudulent representation. [PL 2009, c. 631, §39 (RP); PL 2009, c. 631, §51 (AFF).]

3-A. Penalty for fraud. [PL 2017, c. 452, §15 (RP).]
22 M.R.S. § 4038-D — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038-D
22 §4038-D. Guardianship subsidy
Status: in_force

1. Establishment of program; use of federal funds. There is established in the department the Guardianship Subsidy Program, referred to in this section as "the program." For the purposes of this section, the department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that the department receives pursuant to those Titles. [PL 2005, c. 372, §6 (NEW).]

2. Eligibility for guardianship subsidy payments. Subject to rules adopted to implement this section, the department may provide subsidies for a child who is placed in a permanency guardianship or in a similar status by a Native American tribe, when reasonable but unsuccessful efforts have been made to place the child without guardianship subsidies and if the child would not be placed in a permanency guardianship without the assistance of the program. [PL 2011, c. 402, §10 (AMD).]

3. Definition of "special needs child." [PL 2011, c. 402, §11 (RP).]

4. Amount of guardianship subsidy. The amount of a guardianship subsidy is determined according to this subsection. A. The amount may vary depending upon the resources of the permanency guardian, the needs of the child and the availability of other resources. [PL 2011, c. 402, §12 (AMD).] B. The amount may not exceed the total cost of caring for the child if the child were to remain in the care or custody of the department, without regard to the source of the funds. [PL 2005, c. 372, §6 (NEW).] C. [PL 2011, c. 402, §12 (RP).] D. Subject to rules adopted by the department, expenses of up to $2,000 per child may be reimbursed. This reimbursement is for legal expenses required to complete the permanency guardianship, including attorney's fees and travel expenses. [PL 2011, c. 402, §12 (AMD).] [PL 2011, c. 402, §12 (AMD).]

5. Duration of guardianship subsidy. A guardianship subsidy may be provided for a period of time based on the needs of a child. The subsidy may continue until the termination of the permanency guardianship or until the permanency guardian is no longer caring for the child, at which time the guardianship subsidy ceases. If the child has need of educational benefits or has a physical, mental or emotional disability, the guardianship subsidy may continue until the child has attained 21 years of age if the child, the parents and the department agree that the need for care and support exists. [PL 2021, c. 348, §31 (AMD).]

6. Administration of program. Applications for the program may be submitted by a prospective permanency guardian. A written agreement between the permanency guardian entering into the program and the department must precede the order creating the permanency guardianship, except that an application may be filed subsequent to the creation of the permanency guardianship if there were facts relevant to the child's eligibility that were not presented at the time of placement or if the child was eligible for participation in the program at the time of placement and the permanency guardian was not apprised of the program. [PL 2005, c. 372, §6 (NEW).]

7. Annual review required. If the subsidy continues for more than one year, the need for the subsidy must be reviewed annually. The subsidy continues regardless of the state in which the permanency guardian resides, or the state to which the permanency guardian moves, if the permanency guardian continues to be responsible for the child. [PL 2005, c. 372, §6 (NEW).]

8. Death of permanency guardian. [PL 2011, c. 402, §14 (RP).]

9. Adoption of rules. The department shall adopt rules for the program consistent with this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 372, §6 (NEW).]

10. Permanency guardian's eligibility for public benefits. Except as required by federal law or regulation, the guardianship subsidy may not be counted as resources or income in the determination of the permanency guardian's eligibility for any public benefit. [PL 2005, c. 521, §3 (AMD).]

11. Application to pending cases. The department may provide a guardianship subsidy pursuant to this section to a child who is the subject of a child protection proceeding pending on September 17, 2005 or to a child who is the subject of a child protection proceeding commenced on or after September 17, 2005. [PL 2005, c. 521, §4 (NEW).]
22 M.R.S. § 808 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 808
22 §808. Investigations
Status: in_force

1. Investigative team. The department shall establish an investigative team and procedures for the detection and treatment of individuals known or reasonably believed to pose a public health threat, as defined in section 801 . Team members designated by the department shall have access to medical and laboratory records relevant to the investigation of the public health threat, according to the procedure set forth in subsection 2 . Team members shall also have access to medical and laboratory records in the possession of the department when relevant to the investigation of the public health threat. Team members designated by the department shall follow the procedures developed by the department for detection and treatment pursuant to this subsection. [PL 1989, c. 487, §11 (NEW).]

2. Subpoenas. After notice to the subject of the information or records, the department, with the approval of the Attorney General, may issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are relevant to an investigation of a report of a public health threat. Approval of the Attorney General may be given when there is clear evidence of substantial public health need for the information sought. 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 1989, c. 487, §11 (NEW).]
22 M.R.S. § 5328 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5328
22 §5328. Confidentiality of records
Status: in_force

1. Confidentiality. Records containing the following information are confidential and may not be considered public records for the purpose of Title 1, section 402, subsection 3 : A. Information acquired by a state agency, municipality, district, private corporation, copartnership, association, fuel vendor, private contractor, individual or an employee or agent of any of those persons or entities, providing services related to authorized programs of the division or programs administered by community action agencies, when that information was provided by the applicant for those services or by a 3rd person; and [PL 1995, c. 502, Pt. D, §14 (AMD).] B. Statements of financial condition or information pertaining to financial condition submitted to any of the persons or entities set forth in paragraph A in connection with an application for services related to authorized programs of the division or programs administered by community action agencies. [PL 1995, c. 502, Pt. D, §14 (AMD).] [PL 1995, c. 502, Pt. D, §14 (AMD).]

2. Exceptions. Notwithstanding subsection 1 , a person or agency directly involved in the administration or auditing of authorized programs of the division or programs administered by community action agencies and an agency of the State with a legitimate reason to know must be given access to those records described in subsection 1 . [PL 1995, c. 502, Pt. D, §14 (AMD).]

3. Waiver of protection. Nothing in this section may be construed to limit in any way the right of any person whose interest is protected by this section to waive in writing the benefits of protection. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]

4. Reports to State Government or Federal Government. Notwithstanding subsection 1 , the division may make full and complete reports concerning its administration of authorized programs as may be required by the Federal Government, an agency or department of the Federal Government or the Legislature. [PL 1995, c. 502, Pt. D, §14 (AMD).]
22 M.R.S. § 2154 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2154
22 §2154. Regulations
Status: in_force

Whenever in the judgment of the Commissioner of Agriculture, Conservation and Forestry such action will promote honesty and fair dealing in the interest of consumers, the commissioner shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quality or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Act. [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
22 M.R.S. § 3790 — ME Code / Title 22 / Subtitle 3 / Chapter 1054-B / Section 3790
22 §3790. Parents as Scholars Program
Status: in_force

1. Established. The department shall establish a student financial aid program based on need for up to 2000 participants known as the Parents as Scholars Program, referred to in this section as the "program," to aid needy students who have dependent children and who are matriculating in postsecondary undergraduate 2-year and 4-year degree-granting education programs. Enrollees in the program must be provided with a package of student aid that includes aid for living expenses equivalent to that provided pursuant to chapter 1053‑B , medical assistance pursuant to chapter 855 and services and benefits at least equivalent to those provided pursuant to chapter 1054‑A and to participants in the Higher Opportunity for Pathways to Employment Program pursuant to chapter 1054‑C . A family that ceases to receive aid under this chapter as a result of increased child support or increased hours of, or increased income from, employment is eligible to receive transitional support services in accordance with section 3762, subsection 8 . The program must be supported with funds other than federal block grant funds provided under the United States Social Security Act, Title IV‑A, except that federal funds may be used in accordance with federal law if their use does not result in the imposition of conditions of participation or program requirements other than those established by this chapter. [PL 2021, c. 648, §11 (AMD).]

2. Eligibility criteria. Families that qualify for TANF assistance under chapter 1053‑B may apply to participate in the program instead of TANF. Individuals with marketable bachelor's degrees are ineligible for enrollment. Eligibility for and the amount of assistance must be determined in accordance with criteria and procedures used in the TANF program, this chapter and the rules adopted pursuant to this chapter and chapter 1053‑B. Individuals applying to the program must be assessed in accordance with the provisions of section 3788 . To the extent that program resources and space permit, enrollment in the program must be granted if the assessment results in findings as follows: A. That the individual does not possess the necessary skills to obtain employment that will enable that individual to support a family at 85% of the median family income in the State for a family of the same size; [PL 1997, c. 530, Pt. B, §1 (NEW).] B. That, considering potential employment opportunities and local labor market conditions, the postsecondary education sought by the individual will significantly improve the ability of the family to be self-supporting; [PL 2017, c. 284, Pt. NNNNNNN, §15 (AMD).] C. That the individual has the aptitude to successfully complete the proposed postsecondary program; and [PL 2017, c. 284, Pt. NNNNNNN, §15 (AMD).] D. That enrollment is for the pursuit of any degree or certification if the occupation has at least an average job outlook as identified by the Center for Workforce Research and Information within the Department of Labor. For occupations with a lower than average job outlook, educational plans require approval of the commissioner or the commissioner's designee. [PL 2017, c. 284, Pt. NNNNNNN, §16 (NEW).] [PL 2017, c. 284, Pt. NNNNNNN, §§15, 16 (AMD).]

3. Program requirements. An enrollee must participate in a combination of education, training, study or work-site experience for an average of 20 hours per week in the first 24 months of the program. Aid under this chapter may continue beyond 24 months if the enrollee remains in an educational program and agrees to participate in either of the following options: A. Fifteen hours per week of work-site experience in addition to other education, training or study; or [PL 1999, c. 407, §1 (NEW).] B. A total of 40 hours of education, training, study or work-site experience. [PL 1999, c. 407, §1 (NEW).] The department shall present both options to enrollees and permit them to choose either option. For the purpose of this subsection, work-site experience includes, but is not limited to, paid employment, work study, practicums, internships, clinical placements, laboratory or field work directly related to the enrollee's employment goal or any other work activities that, as determined by the department, will enhance the enrollee's employability in the enrollee's field. In the last semester of the enrollee's educational program, work-site experience may also include resume preparation, employment research, interviews and other activities related to job placement. For the purposes of this subsection, study hours are counted as 3 times the number of hours of classroom instruction, which may include virtual instruction. These study hours are not required to be scheduled or supervised. A participant is deemed to meet the participation requirements of this subsection if the participant, in order to improve the participant's academic performance or to improve the participant's attendance or to more appropriately meet the needs of the participant's family, has chosen to matriculate less than full-time but at least half-time, as defined by acceptance to and official registration of at least a half-time study by the training or educational institution. The department shall make reasonable adjustments in the participation requirements in this subsection for good cause. For the purpose of this subsection, "good cause" means circumstances in which the required participation would cause the enrollee to seriously compromise academic performance. "Good cause" includes, but is not limited to, a verifiable need to take care of a family member with special needs, a physical or mental health problem, illness, accident, death or a serious personal or family problem that necessitates reduced participation or time off from education, training or work. An enrollee receiving aid under this chapter must make satisfactory progress in the enrollee's educational program. The department shall adopt rules defining satisfactory academic progress. The department may not disapprove an educational plan based solely on the length of the educational program. [PL 2021, c. 648, §12 (AMD).]

3-A. Coordination with state educational institutions and programs. The department shall deem a referral from an educational institution or program that is part of the University of Maine System; the Maine Community College System; Jobs for Maine's Graduates, established in Title 20‑A, chapter 226 ; an adult education program established in Title 20‑A, chapter 315 ; or the career centers established by the Department of Labor as an application for the Parents as Scholars Program as long as, in accordance with department rules, it is submitted by a qualified person at the institution or program on a form provided by the department for this purpose and signed by the prospective student expressing a desire to enroll in the Parents as Scholars Program. The department shall notify these institutions and programs of the opportunity to refer prospective students in accordance with this subsection and make available to prospective students and these institutions and programs referral forms to serve as an application for purposes of this subsection. [PL 2019, c. 485, §6 (NEW).]

3-B. Campus-based student support and navigation; working group. The commissioner or the commissioner's designee shall convene a working group to make recommendations to the department regarding the most effective means to establish or supplement personalized professional guidance, support and navigation services for participants in the Parents as Scholars Program in order to promote program completion and student success. The working group includes the Chancellor of the University of Maine System or the chancellor's designees; the President of the Maine Community College System or the president's designees; members of advocacy or other organizations with expertise in policy related to supports and other assistance needed to help adults with low incomes successfully achieve higher education credentials or degrees; low-income students currently or previously enrolled in the University of Maine System or Maine Community College System; and other members determined appropriate by the commissioner. The working group shall also make recommendations to the department as to how the department may best contribute, through administration of the Parents as Scholars Program and the Higher Opportunity for Pathways to Employment Program established under chapter 1054‑C , to the goal established in Title 26, section 2006, subsection 1, paragraph K . The department shall provide up to $250,000 annually to educational institutions or programs identified under subsection 3‑A to implement services identified to achieve the purposes under this section. These funds must be provided under the TANF block grant available under Title IV‑A of the United States Social Security Act. The commissioner or the commissioner's designee shall convene the first meeting of the working group no later than November 1, 2019. [PL 2019, c. 485, §6 (NEW).]

4. Child support for participating families. A family participating in the program shall assign the right to child support to the department in the same manner as if the family were receiving TANF assistance. The department shall distribute to a family child support collected on behalf of a family in the same manner as if the family were receiving TANF assistance. [PL 1997, c. 530, Pt. B, §1 (NEW).]

5. Protection from loss of income. To the extent permitted by federal law, aid received under this chapter must be disregarded as income and excluded as a resource or asset to the same extent as assistance under the TANF program under chapters 1053‑B and 1054‑A for the purposes of any state, federal, tribal or municipal assistance program. Aid received under this chapter must be treated in the same manner as assistance received under the TANF program under chapters 1053‑B and 1054‑A for all tax purposes. [PL 1997, c. 530, Pt. B, §1 (NEW).]

6. Maintenance of effort. Aid provided under this chapter may not be paid for with federal funds provided under the United States Social Security Act, Title IV‑A, provided that the state funds used for this program may be counted, without penalty, toward the State's federal maintenance of effort requirement. [PL 1997, c. 530, Pt. B, §1 (NEW).]

7. Rules. The department shall adopt rules to implement this chapter that must be consistent with the rules adopted under chapter 1053‑B . Rules adopted pursuant to this section are routine technical rules, as defined by Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 530, Pt. B, §1 (NEW).]
22 M.R.S. § 2155-A — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2155-A
22 §2155-A. Prohibitions and penalties
Status: in_force

1. Prohibitions. A person may not: A. Manufacture, sell or deliver, hold or offer for sale any food that is adulterated or misbranded; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Adulterate or misbrand any food; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. Violate paragraph C after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] E. Receive in commerce any food that is adulterated or misbranded, or deliver or proffer delivery of adulterated or misbranded food for pay or otherwise; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. Violate paragraph E after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] G. Disseminate any false advertisement; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] H. Violate paragraph G after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] I. Refuse to permit entry or inspection, or to permit the taking of a sample as authorized in section 2164 ; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] J. Violate paragraph I after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] K. Give a guaranty or undertaking that is false, except if the person relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom the food was received in good faith; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] L. Violate paragraph K after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] M. Remove or dispose of a detained or embargoed article in violation of section 2159 ; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] N. Violate paragraph M after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] O. Alter, mutilate, destroy, obliterate or remove all or any part of the labeling of or do any other act with respect to a food if the act is done while the article is held for sale and results in the article being misbranded; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] P. Violate paragraph O after having previously violated this subsection; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] Q. Forge, counterfeit, simulate or falsely represent or without proper authority use any mark, stamp, tag, label or other identification device authorized or required by rules adopted under this subchapter; or [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] R. Violate paragraph Q after having previously violated this subsection. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalties. The penalties for violating subsection 1 are as follows. A. Except as otherwise provided in this subsection, a person who violates subsection 1, paragraph A , C , E , G , I , K , M , O or Q commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Except as otherwise provided in this subsection, a person who violates subsection 1, paragraph B , D , F , H , J , L , N , P or R commits a civil violation for which a fine of not more than $2,000 may be adjudged. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who intentionally violates subsection 1, paragraph A , C , E , K , M or O , involving adulterated food, except as adulterated according to section 2156, subsection 2 , commits a civil violation for which a fine of not more than $10,000 may be adjudged. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. A person who intentionally violates subsection 1, paragraph B , D , F , L , N or P , involving adulterated food, except as adulterated according to section 2156, subsection 2 , commits a civil violation for which a fine of not more than $20,000 may be adjudged. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] E. A person who violates subsection 1, paragraph B involving monosodium glutamate pursuant to section 2157, subsection 13 commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. A person who violates subsection 1, paragraph A involving monosodium glutamate pursuant to section 2157, subsection 13 must be issued a warning only. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Exceptions. The following paragraphs are exceptions to the application of this section. A. Carriers subject to the jurisdiction of the Public Utilities Commission or the Interstate Commerce Commission are not subject to subsection 1, paragraph E or F by reason of their receipt, carriage, holding or delivery of foods in the usual course of business as carriers. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person is not subject to the penalties prescribed under subsection 2 for having violated subsection 1, paragraph A , B , E or F if the person establishes a guaranty or undertaking signed by, and containing the name and address of, another person residing in this State from whom the person received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this subchapter, citing this subchapter. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who is a publisher, radio-broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is not liable under this section by reason of the dissemination by the person of the false advertisement, unless the person has refused or neglected on the request of the Commissioner of Agriculture, Conservation and Forestry to furnish the commissioner the name and post office address of the manufacturer, packer, distributor, seller or advertising agency residing in this State who caused the person to disseminate the advertisement. [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).] [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]
22 M.R.S. § 3769-C — ME Code / Title 22 / Subtitle 3 / Chapter 1053-B / Section 3769-C
22 §3769-C. Adjustment to amount of assistance; report
Status: in_force

1. Amount of assistance. It is the goal of this section to provide low-income families with children sufficient income to meet their most basic needs. If the commissioner determines that unexpended funds are available within the Department of Health and Human Services state or federal ASPIRE or TANF accounts, the commissioner may, by rule, use those funds to increase the maximum levels of assistance in the TANF program. A. [PL 2017, c. 284, Pt. NNNNNNN, §11 (RP).] B. [PL 2017, c. 284, Pt. NNNNNNN, §11 (RP).] C. Beginning October 1, 2024, the department shall increase the maximum amount of monthly TANF assistance by an amount equal to 20% of the maximum payments that were in effect on January 1, 2024 and shall increase the standard of need to maintain the same differential between the maximum payment and the standard of need that was in effect on January 1, 2024. [PL 2023, c. 622, §1 (AMD).] D. Beginning October 1, 2024 and for each year thereafter, the department shall increase the maximum amount of monthly TANF assistance by an amount equal to the increase, if any, in the cost of living and shall increase the standard of need to maintain the same differential between the maximum payment and the standard of need that was in effect on January 1, 2024. The increase in the cost of living for each year must equal the percentage increase, if any, in the federal supplemental security income program for that year. [PL 2023, c. 622, §2 (AMD).] [PL 2023, c. 622, §§1, 2 (AMD).]

2. Report required. [PL 2009, c. 291, §7 (RP).]
22 M.R.S. § 1427 — ME Code / Title 22 / Subtitle 2 / Chapter 256-B / Section 1427
22 §1427. Office of Violence Prevention
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Office established. The Office of Violence Prevention, referred to in this section as "the office," is established within the Maine Center for Disease Control and Prevention to coordinate and promote effective efforts to reduce violence in the State, including, but not limited to, gun violence, and related trauma and promote research regarding causes of and evidence-based responses to violence, including gun violence. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

2. Director. The commissioner shall appoint the director of the office. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

3. Collaboration. To carry out its duties, the office may collaborate with other state agencies and programs, including, but not limited to, the Address Confidentiality Program established under Title 5, section 90‑B ; the Victims' Compensation Board established under Title 5, section 3360‑A ; the Department of Education; the Office of Behavioral Health established under Title 5, section 20011 ; the Office of the Attorney General; the Department of Public Safety; the Maine Bureau of Veterans' Services established under Title 37‑B, section 501 ; and the violence prevention program within the department. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

4. Awareness and education. The office shall increase the awareness of and educate the general public about laws and resources relating to violence prevention and conduct awareness and education campaigns in accordance with this subsection. A. The office shall increase the awareness of and educate the general public about state and federal laws and existing resources relating to violence prevention, including: (1) The availability of and the process for requesting protection orders, including, but not limited to, protection from abuse orders under Title 19‑A, chapter 103 and protection from harassment orders under Title 5, chapter 337‑A ; (2) The process for accessing available mental health and substance use disorder resources and how to refer individuals to needed mental health and substance use disorder treatment services, including suicide prevention services; (3) The process for accessing available resources and services for domestic violence prevention; (4) The process for reporting a lost or stolen firearm, including reporting requirements in state law; (5) The best practices for safe storage of firearms; and (6) Safe and responsible gun ownership, including increased awareness of the law and methods of compliance with state and federal law. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] B. The office shall conduct awareness and education campaigns and develop and provide educational materials and training resources, including: (1) Developing and providing educational materials and training resources to local law enforcement agencies, health care providers and educators to assist those agencies, providers and educators with educating the public about the laws, available resources and effective violence prevention strategies; (2) Conducting awareness and education campaigns in a culturally competent way, including by providing materials and resources in multiple languages; (3) Conducting awareness and education campaigns directed toward gun owners, parents and legal guardians of children and organizations that provide services to individuals and communities disproportionately affected by gun violence; and (4) At the request of the Director of the Maine Center for Disease Control and Prevention, supporting and providing assistance for education campaigns and programs conducted by the department that are related to gun violence, including education campaigns and programs relating to the safe storage of firearms and suicide prevention. The office may focus the awareness and education campaigns required under this paragraph in communities identified by the office as disproportionately affected by gun violence and use television messaging, radio broadcasts, print media, digital strategies or any other form of messaging considered effective and appropriate by the office to achieve the goals of this section. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

5. (TEXT EFFECTIVE UNTIL 6/30/27) (TEXT REPEALED 6/30/27) Grant program. Subject to available funding, the office may establish and administer a grant program to award grants to organizations to conduct community-based violence intervention initiatives that are primarily focused on interrupting cycles of violence, including gun violence, trauma and retaliation by providing culturally competent intervention services. A. To be eligible for a grant award, an organization must demonstrate the ability to conduct effective community-based violence intervention initiatives that meet the criteria described in this subsection and in rules adopted by the Maine Center for Disease Control and Prevention. The office shall prioritize awarding grants to organizations that conduct violence intervention initiatives with individuals and in communities identified as having the highest imminent risk of perpetrating or being victimized by violence. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] B. An initiative conducted with a grant award must use strategies that are evidence-informed and have demonstrated potential for reducing violence without contributing to mass incarceration, such as group violence interventions, evidence-based street and community outreach programs, violence interruption and crisis management programs and individualized wraparound services. To improve the effectiveness of a violence intervention initiative, a grant recipient shall conduct regular evaluations of the initiative, including community input and engagement. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] C. The Maine Center for Disease Control and Prevention shall adopt rules necessary for the administration of the grant program, including grant application procedures, criteria for determining the amount and duration of the grants and reporting requirements for organizations that receive grants. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] D. In administering the grant program, the office shall collaborate with stakeholders as needed to ensure equity in the distribution of grants. The office shall consult with stakeholders to develop grant priorities. Stakeholders must include individuals and families affected by violence, organizations with expertise in violence prevention and gun safety and representatives of communities of color. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] E. By February 1, 2027, the department shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters a report that includes the following: (1) Information regarding the number of grants awarded and the amount of funding provided to each grant recipient; (2) A description of violence intervention initiatives funded, including the number of individuals served and the communities served by each funded initiative; and (3) Recommendations regarding the continuation of the grant program and recommendations for any changes to the program. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] F. This subsection is repealed June 30, 2027. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

6. Data hub. The office shall create and maintain a data hub of regularly updated and accurate materials and resources as a repository for data, research and statistical information regarding violence in the State, including gun violence. As part of maintaining the data hub, the office shall: A. Assist researchers who are seeking information regarding violence in the State; [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] B. Collaborate with researchers, including organizations that conduct gun violence research, to: (1) Identify gaps in available data needed to conduct violence prevention research and develop strategies to improve relevant data collection in the State; (2) Use existing available research to enhance evidence-based violence prevention tools and resources available to communities in the State; and (3) Improve the understanding of the disproportionate barriers to safety from violence by encouraging disaggregation of data by race and ethnicity when research is conducted; and [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] C. Promote new and relevant research regarding violence prevention and, if possible, make the research accessible to researchers and the public. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

7. Reporting requirements. The office and the department shall provide the following reports relating to the office's work. A. Annually, by November 30th, the office shall report to the department on the activities it has conducted in the preceding 12 months. The report must include: (1) Information regarding awareness and education campaigns conducted by the office; (2) Effective violence intervention programs identified by the office; (3) Any federal grants or other funding the office applied for and whether the office received those grants or other funds; (4) A general summary of new and relevant research included in the office's data hub under subsection 6 and the nature of research assistance provided by the office; and (5) Recommendations to enhance the administration and operation of the office and improve the availability of services to reduce violence in the State. The office shall make the report available on its publicly accessible website or on the Maine Center for Disease Control and Prevention's publicly accessible website. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] B. In its annual report to the joint standing committee of the Legislature having jurisdiction over health and human services matters pursuant to section 1425 , the Maine Center for Disease Control and Prevention shall include a summary of the office's annual report submitted under paragraph A , including recommendations under paragraph A , subparagraph (5) and instructions for accessing any new and relevant violence prevention research identified by the office in paragraph A , subparagraph (4). The Maine Center for Disease Control and Prevention shall make the summary available on its publicly accessible website. [PL 2023, c. 643, Pt. FFFF, §1 (NEW).] [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]

8. Rules. The Maine Center for Disease Control and Prevention shall adopt rules to implement this chapter. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 643, Pt. FFFF, §1 (NEW).]
22 M.R.S. § 2499 — ME Code / Title 22 / Subtitle 2 / Chapter 562 / Section 2499
22 §2499. Municipal inspections
Status: in_force

Notwithstanding any other provisions of this chapter, in order to ensure statewide uniformity in health standards, health inspector certification and the maintenance of inspection report records, a municipality must have been delegated authority by the department to conduct inspections and demonstrated adherence to requirements under this section prior to performing any municipal inspections under such authority. Any municipal inspection of an establishment under this section conducted by a municipality that has not been delegated authority is void. The department may issue a license to an establishment as defined in section 2491 on the basis of an inspection performed by a health inspector who works for and is compensated by the municipality in which such an establishment is located, but only if the following conditions have been met. [PL 2011, c. 589, §1 (RPR).]

1. Adopted rules; code of standards. The municipality involved has adopted ordinances or a code of standards for the establishments that has been approved by the department and that is consistent with the rules used by the department for the issuance of licenses in effect at the time of inspection. [PL 2011, c. 295, §2 (AMD).]

2. Qualified to make inspections. A municipally employed health inspector may not make inspections under the provisions of this chapter unless certified as qualified by the Commissioner of Health and Human Services. [PL 2011, c. 193, Pt. B, §7 (AMD).]

3. Inspection to ascertain intent. The department may from time to time inspect such municipally inspected establishments to ascertain that the intent of these statutes is being followed. [PL 1975, c. 496, §3 (NEW).]

4. Inspection reports. The municipalities shall furnish electronic copies of its inspection reports in a format and on a schedule determined by the department. [PL 2011, c. 193, Pt. A, §16 (AMD).]

5. Charge. Municipalities may not charge the department for performing such inspections. [PL 1975, c. 496, §3 (NEW).]

6. License fee. When a license is issued to an establishment, as described in section 2492, subsection 1 , located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 must be waived. However, the licensee is required to pay the department a sum not to exceed $100 to cover the costs of standardizing inspection practices; administrative licensing and maintaining a centralized database; ongoing training, investigation, compliance and technical assistance; and legal interpretation and advice. [PL 2021, c. 125, §15 (AMD).]

7. Licenses. Licenses issued under this section must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department. [PL 2003, c. 673, Pt. X, §5 (AMD).]

8. Certification. Certification of municipally employed health inspectors must be in accordance with standards set by the commissioner and be for a period of 3 years. [PL 2011, c. 193, Pt. B, §8 (AMD).]

9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 193, Pt. A, §18 (AMD).]
22 M.R.S. § 4005-H — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4005-H
22 §4005-H. Relatives; visitation or access; placement by court
Status: in_force

1. Grandparent visitation or access. A grandparent who is designated as an interested person or a participant under section 4005‑D or who has been granted intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the court to grant reasonable rights of visitation or access. When a child is placed in a prospective adoptive home and the prospective adoptive parents have signed an adoptive placement agreement, a grandparent's rights of visitation or access that were granted pursuant to this chapter are suspended unless a court determines that it is in the best interest of the child to continue the grandparent's rights of visitation or access. A grandparent's rights of visitation or access terminate when the adoption is finalized pursuant to Title 18‑A, section 9‑308 . Nothing in this section prohibits prospective adoptive parents from independently facilitating or permitting contact between a child and a grandparent, especially when a court has previously ordered rights of visitation or access. For the purposes of this subsection, "grandparent" includes a parent of a child's parent whose parental rights have been terminated, but only until the child is adopted. [PL 2017, c. 411, §11 (NEW).]

2. Placement by court. A relative may request that the court order that the department place a child with that relative in accordance with this subsection. A. A relative who is designated as an interested person or a participant under section 4005‑D or who has been granted intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request either orally or in writing that the court order that the child be placed with that relative. A relative who has not been designated as an interested person, a participant or an intervenor may request in writing that the child be placed with that relative. [PL 2017, c. 411, §11 (NEW).] B. If one or more relatives request placement under paragraph A , the court may by order refer the relatives to mediation with the foster parents, if the child has been placed with foster parents, and the guardian ad litem. The court may order the department to attend the mediation. The order must designate the mediator and specify responsibility for the costs of mediation. An agreement reached by the parties through mediation involving placement or visitation must be reduced to writing, signed by all parties and presented to the court. The court shall consider but is not bound by an agreement under this paragraph. [PL 2017, c. 411, §11 (NEW).] C. In making a decision on a request under paragraph A , the court shall, consistent with section 4003 , place the child with a relative who made a request if that placement is in the best interest of the child. [PL 2017, c. 411, §11 (NEW).] D. If a court order placing a child with a relative under paragraph C is made part of a permanency planning order entered pursuant to section 4038‑B, subsection 3 , placement with that relative is the preferred placement in all future proceedings on the child protection petition with respect to the child unless evidence is presented that remaining in that placement will negatively affect the child's emotional or physical health, safety, stability or well-being. [PL 2017, c. 411, §11 (NEW).] [PL 2017, c. 411, §11 (NEW).]

3. Conviction or adjudication for certain sex offenses; presumption. There is a rebuttable presumption that the relative would create a situation of jeopardy for the child if any contact were to be permitted and that contact is not in the best interest of the child if the court finds that the relative: A. Has been convicted of an offense listed in Title 19‑A, section 1653, subsection 6‑A, paragraph A in which the victim was a minor at the time of the offense and the relative was at least 5 years older than the minor at the time of the offense except that, if the offense was gross sexual assault under Title 17‑A, section 253, subsection 1, paragraph B or C , or an offense in another jurisdiction that involves conduct that is substantially similar to that contained in Title 17‑A, section 253, subsection 1, paragraph B or C, and the minor victim submitted as a result of compulsion, the presumption applies regardless of the ages of the relative and the minor victim at the time of the offense; or [PL 2017, c. 411, §11 (NEW).] B. Has been adjudicated in an action under this chapter of sexually abusing a person who was a minor at the time of the abuse. [PL 2017, c. 411, §11 (NEW).] The relative seeking visitation with or access to the child may produce evidence to rebut the presumption. [PL 2017, c. 411, §11 (NEW).]
22 M.R.S. § 4191 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4191
22 §4191. Purpose and policy -- Article I
Status: in_force

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

Appropriate jurisdictional arrangements for the care of children will be promoted.
22 M.R.S. § 1711-B — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-B
22 §1711-B. Patient access to treatment records; health care practitioners
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Health care practitioner" has the same meaning as in section 1711‑C, subsection 1, paragraph F . [PL 1997, c. 793, Pt. A, §3 (AMD); PL 1997, c. 793, Pt. A, §10 (AFF).] B. "Treatment records" means all records relating to a patient's diagnosis, treatment and care, including x rays, performed by a health care practitioner. [PL 1997, c. 793, Pt. A, §3 (AMD); PL 1997, c. 793, Pt. A, §10 (AFF).] [PL 1997, c. 793, Pt. A, §3 (AMD); PL 1997, c. 793, Pt. A, §10 (AFF); PL 1999, c. 512, Pt. A, §6 (AFF).]

2. Access. Upon written authorization executed in accordance with section 1711‑C, subsection 3 , a health care practitioner shall release copies of all treatment records of a patient or a narrative containing all relevant information in the treatment records to the patient. The health care practitioner may exclude from the copies of treatment records released any personal notes that are not directly related to the patient's past or future treatment and any information related to a clinical trial sponsored, authorized or regulated by the federal Food and Drug Administration. The copies or narrative must be released to the designated person in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a health care practitioner not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time. If the practitioner believes that release of the records to the patient is detrimental to the health of the patient, the practitioner shall advise the patient that copies of the treatment records or a narrative containing all relevant information in the treatment records will be made available to the patient's authorized representative upon presentation of a written authorization signed by the patient. The copies or narrative must be released to the authorized representative in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a health care practitioner not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time. Except as provided in subsection 3 , release of a patient's treatment records to a person other than the patient is governed by section 1711‑C . [PL 2019, c. 503, Pt. F, §2 (AMD).]

3. Person receiving the records. Except as otherwise provided in this section, the copies or narrative specified in subsection 2 must be released to: A. The person who is the subject of the treatment record, if that person is 18 years of age or older and mentally competent; [PL 1991, c. 142, §2 (NEW).] B. The parent, guardian ad litem or legal guardian of the person who is the subject of the record if the person is a minor, or the legal guardian if the person who is the subject of the record is mentally incompetent; [PL 1997, c. 793, Pt. A, §5 (AMD); PL 1997, c. 793, Pt. A, §10 (AFF).] C. The designee of a durable health care power of attorney executed by the person who is the subject of the record, at such time as the power of attorney is in effect; [PL 2015, c. 370, §1 (AMD).] D. The agent, guardian or surrogate pursuant to the Uniform Health Care Decisions Act; or [PL 2017, c. 402, Pt. C, §43 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] E. The lay caregiver designated pursuant to section 1711‑G by the person who is the subject of the record. [PL 2015, c. 370, §3 (NEW).] [PL 2017, c. 402, Pt. C, §43 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

3-A. Corrections and clarifications of treatment records. A patient or, if the patient is a minor who has not consented to health care treatment in accordance with the laws of this State, the minor's parent, legal guardian or guardian ad litem may submit to a health care practitioner health care information that corrects or clarifies the patient's treatment record, which must be retained with the treatment record by the health care practitioner. If the health care practitioner adds to the treatment record a statement in response to the submitted correction or clarification, the health care practitioner shall provide a copy to the patient or, if the patient is a minor who has not consented to health care treatment in accordance with the laws of this State, the minor's parent, legal guardian or guardian ad litem. [PL 1999, c. 512, Pt. A, §3 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

4. Minors. This section does not affect the right of minors to have their treatment records treated confidentially pursuant to the provisions of, chapter 260 . [PL 1995, c. 694, Pt. D, §28 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]

5. HIV test. Release of information regarding the HIV infection status of a patient is governed by Title 5, section 19203‑D . [PL 1999, c. 512, Pt. A, §4 (AMD); PL 1999, c. 512, Pt. A, §7 (AFF); PL 1999, c. 790, Pt. A, §§58, 60 (AFF).]

6. Hospital records. Release of treatment records in a hospital is governed by the provisions of section 1711 . [RR 1993, c. 2, §11 (COR).]

7. Retention of records. This section does not alter the existing law or ethical obligations of a health care practitioner with respect to retaining treatment records. [PL 1991, c. 142, §2 (NEW).]

8. Violation. A person who willfully violates this section commits a civil violation for which a forfeiture of not more than $25 may be adjudged. Each day that the treatment records or narrative is not released after the reasonable time specified in subsection 2 constitutes a separate violation, up to a maximum forfeiture of $100. [PL 1991, c. 142, §2 (NEW).]
22 M.R.S. § 2014 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2014
22 §2014. Definitions
Status: in_force

For the purposes of this Act, the following words and phrases have the meanings ascribed to them unless the context otherwise requires. [PL 1975, c. 218 (RPR).]

1. Commission. [PL 1993, c. 600, Pt. B, §5 (RP).]

2. Department. "Department" means the Department of Health and Human Services of the State of Maine. [PL 1975, c. 218 (RPR); PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Director of medical laboratory. "Director of medical laboratory" means an individual who is responsible for the professional, technical and scientific operation of a medical laboratory, including the reporting of the findings of medical laboratory tests. The director of a medical laboratory may not be merely nominal, but must be responsible for its operation to such extent as may be necessary to assure compliance with the objects and purposes of this Act. [PL 1975, c. 218 (RPR).]

4. Medical laboratory. "Medical laboratory" or "laboratory" means any institution, building or place which provides through its ownership or operation an organization which employs methods and instruments for the examination of blood, tissues, secretions and excretions of the human body or any function of the human body in order to diagnose disease, follow the course of disease, aid in the treatment of such disease or detect drugs or toxic substances or which produces information used as a basis for health advice or which purports to offer such examinations unless otherwise provided by law. [PL 1987, c. 211, §3 (AMD).]

5. Person. "Person" means any individual, corporation, partnership or association. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 8733 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8733
22 §8733. Confidentiality
Status: in_force

Information provided to the organization as required by this subchapter by a manufacturer, wholesale drug distributor or pharmacy benefits manager is confidential and not a public record under Title 1, chapter 13 , except that the organization may share information: [PL 2019, c. 470, §8 (NEW).]

1. Bureau of Insurance. With the Department of Professional and Financial Regulation, Bureau of Insurance, to the extent necessary for the bureau to enforce the provisions of Title 24‑A , as long as any information shared is kept confidential; [PL 2021, c. 305, §7 (AMD).]

2. Aggregate. In the aggregate, as long as it is not released in a manner that allows the determination of individual prescription drug pricing contract terms covering a manufacturer, wholesale drug distributor or pharmacy benefits manager; and [PL 2021, c. 305, §7 (AMD).]

3. Publicly available. That is available, for purchase or otherwise, to the public. [PL 2021, c. 305, §7 (NEW).]
22 M.R.S. § 4033 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4033
22 §4033. Service and notice
Status: in_force

1. Petition service. A child protection petition shall be served as follows: A. The petition and a notice of hearing must be served on the parents, legal guardian and custodians, the guardian ad litem for the child and any other party at least 10 days prior to the hearing date. A party may waive this time requirement if the waiver is written and voluntarily and knowingly executed in court before a judge. Service must be made in accordance with the Maine Rules of Civil Procedure. [PL 2015, c. 501, §3 (AMD).] B. If the department is not the petitioner, the petitioner shall serve a copy of the petition and notice of hearing on the State. [PL 1979, c. 733, §18 (NEW).] [PL 2015, c. 501, §3 (AMD).]

2. Notice of preliminary protection order. If there is to be a request for a preliminary protection order, the petitioner shall, by any reasonable means, notify the parents, legal guardian and custodians of the intent to request that order and of the court in which counsel for the parents, legal guardian or custodians may file motions, including motions to modify or vacate any preliminary protection order issued. This notice is not required if the petitioner includes in the petition a sworn statement detailing a sufficient factual basis that: A. The child would suffer serious harm during the time needed to notify the parents, legal guardian or custodians; or [PL 2015, c. 501, §4 (AMD).] B. Prior notice to the parents, legal guardian or custodians would increase the risk of serious harm to the child or petitioner. [PL 2015, c. 501, §4 (AMD).] Failure to provide the notice required by this section, after a good faith attempt to do so, does not constitute grounds for denial of a preliminary protection order. [PL 2015, c. 501, §4 (AMD).]

3. Service of preliminary protection order. If the court makes a preliminary protection order, a copy of the order must be served on the parents, legal guardian and custodians by: A. In-hand delivery by the judge or court clerk to any parent, legal guardian, custodian or their counsel who is present when the order is made; [PL 2015, c. 501, §5 (AMD).] B. Service in accordance with the Maine Rules of Civil Procedure. Notwithstanding the Maine Rules of Civil Procedure, the court may waive service by publication of a preliminary protection order for a party whose whereabouts are unknown if the department shows by affidavit that diligent efforts have been made to locate the party; or [PL 1989, c. 819, §5 (AMD).] C. Another manner ordered by the court. [PL 1979, c. 733, §18 (NEW).] [PL 2015, c. 501, §5 (AMD).]

3-A. Information provided to parents. When the court makes a preliminary protection order on a child who is physically removed from the child's parents, legal guardian or custodians, the following information must be provided to the parents, legal guardian or custodians in written form by the petitioner at the time of removal of the child: A. The assigned caseworker's name and work telephone number; [PL 1987, c. 395, Pt. A, §90 (NEW).] B. The placement with a relative or other location where the child will be taken; and [PL 2015, c. 501, §6 (AMD).] C. A copy of the complete preliminary protection order. [PL 1987, c. 395, Pt. A, §90 (NEW).] This information is not required if the petitioner includes in the petition a sworn statement of the petitioner's belief that providing the information would cause the threat of serious harm to the child, the substitute care giver, the petitioner or any other person. [PL 2015, c. 501, §6 (AMD).]

4. Service of final protection order. The court shall deliver in-hand at the court, or send by ordinary mail promptly after it is entered, a copy of the final protection order to the parent's, legal guardian's or custodian's counsel or, if no counsel, to the parents, legal guardian or custodians. The copy of the order must include a notice to them of their rights under section 4038 . Lack of compliance with this subsection does not affect the validity of the order. [PL 2015, c. 501, §7 (AMD).]

5. Notice to foster parents, preadoptive parents and relatives providing care. The department shall provide written notice of all proceedings in advance of the proceeding to foster parents, preadoptive parents and relatives providing care. The notice must be dated and signed, must include a statement that foster parents, preadoptive parents and relatives providing care are entitled to notice of and a right to be heard in any proceeding held with respect to the child and must contain the following language: "The right to be heard includes only the right to testify and does not include the right to present other witnesses or evidence, to attend any other portion of the proceeding or to have access to pleadings or records." A copy of the notice must be filed with the court prior to the proceeding. [PL 2007, c. 255, §5 (AMD).]

6. Notice to legal guardians. When notice is required to be given to the legal guardian of a child, the department shall provide notice to all of the child's legal guardians that are known to the department. [PL 2015, c. 501, §8 (NEW).]
22 M.R.S. § 8005 — ME Code / Title 22 / Subtitle 6 / Chapter 1667 / Section 8005
22 §8005. Additional license not required
Status: in_force

No facility, except as provided for in section 8101, subsection 4 , licensed as a drug treatment center shall be required to be licensed as a boarding care facility or a children's home. A drug treatment center, as part of its program, may provide a special education facility, pursuant to Title 20, chapter 404, for the benefit of any exceptional children, as defined by Title 20, section 3123, subsection 1, residing at the drug treatment center. [PL 1981, c. 260, §3 (AMD).]
22 M.R.S. § 3911 — ME Code / Title 22 / Subtitle 3 / Chapter 1063 / Section 3911
22 §3911. Training plan
Status: in_force

The department shall develop a training plan for persons employed in social worker and caseworker job classifications. The department shall establish the goals and objectives of the plan. The department shall also establish goals and objectives for each course and training program that must be designed to meet the goals and objectives of the plan. The plan shall include, but is not limited to: [PL 1989, c. 268, §1 (NEW).]

1. Differentiation of training to meet specific needs. Courses and training programs designed to meet the specific needs of social workers and caseworkers engaged in different activities based on the different responsibilities of these social workers and caseworkers; [PL 1989, c. 268, §1 (NEW).]

2. Mandatory training. Courses and training programs designed to meet the specific needs of social workers and caseworkers for which successful completion shall be mandatory; [PL 1989, c. 268, §1 (NEW).]

3. Optional training. Optional courses and training programs for social workers and caseworkers; [PL 1989, c. 268, §1 (NEW).]

4. Assessment and investigation. Courses and training programs in assessment and investigation that shall be mandatory for social workers and caseworkers who conduct investigations or assessments involving clients of the department that may result in the filing of civil or criminal actions; [PL 1989, c. 268, §1 (NEW).]

5. Sources of training. A description of courses and training programs that departmental staff will conduct and a description of courses and training programs to be conducted by persons outside the department; [PL 1989, c. 268, §1 (NEW).]

6. Evaluation procedure. An evaluation procedure by which the effectiveness of the courses and training programs can be determined. The department, to the greatest possible extent, will use objective criteria to conduct evaluations of courses and training programs; and [PL 1989, c. 268, §1 (NEW).]

7. Equivalent training. Provisions for the waiver of training programs and courses for social workers and caseworkers with equivalent training or training that exceeds the training requirements in the plan. [PL 1989, c. 268, §1 (NEW).]
22 M.R.S. § 9066 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9066
22 §9066. Portability
Status: in_force

1. Portability authorized. A direct access worker may choose to transfer the worker's background check report to another employer. The direct access worker may choose to transfer confidential information contained in the worker's background check report, as long as the background check used a biometric identifier, when: A. The direct access worker agrees to submit to the requirements of this chapter; [PL 2023, c. 241, §82 (NEW).] B. The direct access worker signs a statement releasing the confidential information to the new employer; [PL 2023, c. 241, §82 (NEW).] C. The employer verifies and documents that the direct access worker has submitted the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and [PL 2023, c. 241, §82 (NEW).] D. The employer ensures the background check was completed within the last 5 years and enters the direct access worker into the rap back monitoring program. [PL 2023, c. 241, §82 (NEW).] [PL 2023, c. 241, §82 (NEW).]
22 M.R.S. § 9003 — ME Code / Title 22 / Subtitle 6 / Chapter 1689 / Section 9003
22 §9003. License
Status: in_force

1. License required. Beginning October 1, 2011, a person may not operate a veterans' adult day health care program in this State without having obtained a license from the department. [PL 2011, c. 444, §1 (NEW).]

2. Fee. The department shall by rule establish a reasonable fee for a program license. [PL 2011, c. 444, §1 (NEW).]