An Act To Prepare Maine for Public Health Emergencies
Maine Legislature, Session 122, LD 1405
Committee Amendment CA_A_S336 (Senate)
Amends: 22 MRSA §820

COMMITTEE AMENDMENT ·A· to S.P. 494, L.D. 1405, Bill, "An 
Act To Prepare Maine for Public Health Emergencies" 
Amend 
the bill 
in 
section 
by 
striking out all 
of 
subsection 3 (page 3, lines 37 to 43 in L.D.) and inserting in 
its place the following: 
· 3. 
Rules. 
The department shall adopt rules to carry out 
its duties as specified in this chapter. 
The application of 
rules adopted pursuant to Title 5, section 8052 to implement 
section 820 must be limited to periods of an extreme public 
health emergency. 
Rules adopted pursuant to this subsectionL 
unless 
otherwise 
indicated, 
are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter tt-A 2-A.' 
Further amend the bill in section 9 in that part designated 
"§a03." by striking out all of the indented paragraph (page 4, 
lines 1 to 10 in L.D.) and inserting in its place the following: 
• If the department has reasonable grounds to believe that 
there exists a public health threat, either on public or private 
property, aRy-eeMM~B4ea&Je-44~~~~~~~-p~&k1e-heal~h 
~h~ea\;T 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 eemm~RieaBle 
Qisease 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, pr ior to conducting the 
inspection. • 
Page l-LR0602(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,t\, to S.P. 494, L.D. 1405 
Further amend the bill by striking out all of section 16 and 
inserting in its place the following: 
'Sec. 16. 22 MRSA §820, snb-§l, "C and D are enacted to read: 
C. 
The department may implement rules to address the risk 
or potential risk of a 
shortage of health care workers. 
These rules are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
D. 
The department may il1lp1ement rules to address the need 
for dispensing drugs in an emergency situation. 
These rules 
are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A.' 
Further amend the bill in section 19 in the first paragraph 
in the 15th line (page 8, line 11 in L.D.) by inserting after the 
following: 
"providers and" the following: 
'health and human 
services' 
Further amend the bill in section 19 in the first paragraph 
in the 5th line from the end (page 8, line 13 in L.D.) by 
inserting 
after 
the 
following: 
"chapter." 
the 
following: 
• Information not reasonably reguired for the purposes of this 
section may not be released.' 
Further amend the bill in section 23 in that part designated 
.. .§n5.... .. in subsection 1 in paragraph A in the 2nd line (page 10, 
line 14 in L.D.) by inserting after the following: 
"individual" 
the following: 
'public health' 
Further amend the bill in section 23 in that part designated 
"~" in subsection 1 by striking out all of paragraph E (page 
10, lines 33 to 42 in L.D.) 
and inserting in its place the 
following: 
'E. 
The employee is unable to work because the employee is 
needed to provide care or assistance to one or more of the 
following individuals: 
the employee's spouse or domestic 
partner 
as 
defined 
under 
Title 
l8-A, 
section 
1-201, 
subsection nO-A); the employee's parent; or the employee's 
child or child for whom the employee is the legal guardian.' 
Further amend the bill in section 23 in that part designated 
,,~.. by striking out all of subsections 2 and 3 and inserting 
in their place the following: 
COMMITTEE AMENDMENT, 
COMMITTEE AMENDMENT A .. to S.P. 494, L.D. 1405 
'2. 
Exceptions. 
An employer who fails to grant a leave 
under subsection 1 is not in violation of subsection 1 if: 
A. 
The employer would sustain undue hardship 
from the 
employee's 
absence, 
including the 
need to 
downsize 
for 
legitimate reasons related to the impact of the extreme 
public health emergency on the operation of the business: 
B. 
The 
request 
for 
leave is not communicated 
to the 
employer within a reasonable time under the circumstances; or 
C, 
The employee to be granted leave under subsection I, 
paragraph E is a state. county or municipal employee whose 
responsibilities 
are 
related to 
services 
necessary 
for 
protecting the public's health and safety in an extreme 
public 
health 
emergency 
if 
the 
employer 
requires 
the 
employee to work. 
unless there are no other options or 
persons able to provide care or assist one or more of the 
individuals listed under subsection 1, paragraph E. 
3. 
Duration of leave. 
Leave granted under subsection 1 
must be for the duration of an extreme public health emergency 
and for a 
reasonable and necessary time period following the 
termination of the extreme public health emergency for diseases 
or conditions that are contracted or exposures that occurred 
during the extreme public health emergency. 
4. 
Documentation. 
Upon the employee's return to work, the 
employer 
has 
the 
right 
to 
request 
and 
receive 
written 
docwnentation 
from 
a 
physician 
or 
public 
health 
official 
supporting the employee's leave. 
5. 
DeDefits retained. 
The taking of leave under this 
subchapter may not result in the loss of any employee benefits 
accrued before the date on which the leave commenced and does not 
affect the employee's right to health insurance benefits on the 
same terms and conditions as applicable to Similarly situated 
employees. 
For any leave that extends beyond the time described 
in subsection 3, the employer shall allow an employee to continue 
the employee's benefits at the employee's expense, 
The employer 
and employee may negotiate for the employer to maintain benefits 
at the employer's expense for the duration or any portion 
Of 
this extended leave,' 
Further amend the bill in section 23 in that part designated 
.. ~ 
.. by renwnbering the subsections to read consecutively, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A to S.P. 494, L.D. 1405 
SUMMARY 
This amendment revises the language concerning the adoption-
of rules pertaining to extreme public health emergencies. 
This amendment clarifies the provision amending inspection 
requirements. 
This 
amendment 
designates 
rules 
workers and the dispensing of drugs in 
emergency as major substantive rules. 
regarding 
health 
care 
an extreme public health 
This amendment clarifies that in the event of an actual or 
threatened epidemic or outbreak the Department of Health and 
Human Services, 
Bureau of Health may share only the amount of 
information necessary with health and human services providers 
for the purpose of carrying out their public health functions. 
This amendment makes it clear that employers have a hardship 
exemption and that the leave and related benefits apply only 
during an extreme public health emergency, or to diseases or 
conditions that are contracted or exposures that occur during the 
extreme public health emergency. 
This amendment makes clear that the investigation that an 
individual must be subject to in order to qualify for leave is a 
public health investigation, as opposed to a potential criminal 
investigation for causing the extreme public health emergency. 
This amendment allows an employee to miss work only to care 
for the employee's spouse or domestic partner, the employee's 
parent or the employee's child. 
This amendment provides that the employer has a right to ask 
for and receive written documentation from a physician or public 
health official supporting the employee's leave once the employee 
returns to work. 
This amendment limits the duration of leave 
period of the extreme public health emergency as 
reasonable and necessary time period following for 
conditions 
contracted or 
exposures that occurred 
emergency. 
to the time 
well as 
a 
diseases or 
during the 
This amendment provides that the leave does not affect the 
employee's right to health insurance benefits on the same terms 
and conditions as applicable to similarly situated employees. 
For any leave beyond the defined period, the employer must make 
it possible for the employee to retain employee benefits at the 
COMMITTEE AMENDMENT· 
COMMITTEE AMENDMENT ~" to s.P. 494, L.D. 1405 
employee's 
expense, 
although 
the 
employer 
and 
employee 
negotiate for 
the employer to maintain the benefits at 
employer's expense. 
FISCAL NOTE REQUIRED 
(See attached) 
may 
the 
COMMITTEE AMENDMENT· 
Fiscal Detail and Notes 
Approved: 06/01105 frac:.. 
LD 1405 
LR 0602(02) 
An Act To Prepare Maine for Public Health Emergencies 
Fiscal Note for Bill as Amended by Committee Amendment ,A 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Additional costs to the Bureau of Labor Standards within the Department of Labor associated with investigating 
complaints regarding employment leaves can be absorbed within existing budgeted, resources. Assessing civil 
penalties of up to $200 per violation may result in increased fine revenues to the General Fund. The amount can not 
be detennined at this time but is not expected to be significant. Any additional costs to the Department of Health and 
Human Services can be absorbed by the department utilizing existing resources. 
LR0602(2) - Fiscal Note - Pa!!e 1 of 1