An Act To Prepare Maine for Public Health Emergencies
Maine Legislature, Session 122, LD 1405
Committee: Health and Human Services
Sponsors: MAYO, MILLER, ROSEN, WOODCOCK, BURNS, CAMPBELL, CANAVAN, DUNN, GERZOFSKY, NASS
Amends: 22 MRSA §801, 22 MRSA §802, 22 MRSA §803, 22 MRSA §806, 22 MRSA §807, 22 MRSA §812, 22 MRSA §815, 22 MRSA §817, 22 MRSA §820, 22 MRSA §824, 22 MRSA §825, 22 MRSA §2013-A

Legislative Document 
No. 1405 
S.P.494 
In Senate, March 22, 2005 
An Act To Prepare Maine for Public Health Emergencies 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative MILLER of Somerville and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ROSEN of Hancock, WOODCOCK of Franklin, Representatives: BURNS of 
Berwick, CAMPBELL of Newfield, CANAVAN of Waterville, DUNN of Bangor, 
GERZOFSKY of Brunswick, NASS of Acton. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA c. 250, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 250 
C(IfD()L OF ROrIFIABLE DISUSES AND CQBDITIQIS 
Sec. 2. 22 MRSA §801, sub-§§4-B to 4-E are enacted to read: 
4-B. 
Enyiromnental disease. 
"Environmental disease" means 
any 
abnormal 
condition or 
disorder 
aggravated or 
caused 
by 
exposure to an environmental hazard. 
4-C. 
Enyiromaental hazard. 
"Environmental hazard" means 
chemicals. 
physical 
agents. 
biomechanical 
stressors 
and 
biological toxins that are present in the environment and that 
have an adverse effect on human health. 
4-D. 
Enyironmentally 
related 
health 
effects. 
"Environmentally related health effects" means chronic diseases. 
birth defects. developmental disabilities and other noninfectious 
health effects that may be related to exposure to environmental 
hazards. 
4-E. 
IJI;ppsure. 
"Exposure" 
.means 
direct 
contact 
or 
interaction with an environmental bAlard or toxic agent affecting 
or QI~ng tAi,n into the body. 
Sec. 3. 22 MRSA §801, sub-§7, as enacted by PL 1989, c. 487, 
§ll, is amended to read: 
7. 
Notifiable disease or condition. 
"Notifiable disease or 
condition" 
means 
any 
communicable 
disease 
e!'L 
occupational 
disease or environmental disease, 
the occurrence or suspected 
occurrence of which is required to be reported to the department 
pursuant to sections 821 to 825 or section 1493. 
Sec. 4. 22 MRSA §801, sub-§IO, as enacted by PL 1989, c. 487, 
§ll, is amended to read: 
10. 
Public health threat. 
"Public health threat" means any 
condi tion or behavior waiea ~ 
can reasonably be expected to 
place others at significant risk of exposure to a toxic agent or 
environmental hazard or infection with a eeJluRliBieaale notifiable 
disease or condition. 
Page l-LR0602(1) 
A. 
A 
condition 
poses 
a 
public 
health 
threat 
if 
an 
infectious or toxic agent or environmental hazard is present 
in the 
environment under 
circumstances waiea ~ 
would 
place persons at significant risk of 
:eeee",iB~--j,.&fe.e1;:eQ ~ 
adverse effect on a 
person' s 
health from exposure to or 
infection 
with 
a 
ee"""~Riea:ele 
notifiable 
disease 
QI 
condition. 
B. 
Behavior by an infected person poses a public health 
threat if: 
( 1) 
The infected person engages in behavior that has 
been 
demonstrated 
epidemiologically 
to 
create 
a 
significant risk of 
transmission of 
a 
communicable 
disease; 
(2) 
The infected person' s past behavior indicates a 
serious and present danger that the infected person 
will engage in behavior that creates a significant risk 
of transmission of a communicable disease to another; 
(3) 
The infected person fails or refuses to cooperate 
with a departmental contact notification program; or 
(4) 
The infected person fails or refuses to comply 
with any part of either a cease and desist order or a 
court order issued to the infected person to prevent 
transmission of a communicable disease to another. 
C. 
Behavior described in paragraph B, subparagraphs (1) and 
(2) T--6l:ia,l,l I!liU not be considered a public health threat if 
the 
infected person 
demonstrates 
that 
any 
other 
person 
placed at significant risk of 
becoming 
infected with 
a 
communicable disease was informed of the risk and consented 
to it. 
Sec. 5. 22 MRSA §801, sub-§ll is enacted to read: 
11. 
Toxic 
agent. 
"Toxic 
agent" 
means 
a 
chemical 
or 
physical substance that, under certain circumstances of exposure, 
may cause harmful effects to living organisms. 
Sec. 6. 22 MRSA §802, sub-§l, 1f1fA to D, as enacted by PL 1989, 
c. 487, §ll, are amended to read: 
A. 
Designate and classify communicable, environmental and 
occupational diseases; 
B. 
Establish 
requirements 
for 
surveillance 
methods 
for 
measuring 
reporting 
and 
other 
the 
occurrence 
of 
communicable 
aiseases, 
occupational 
aiseases 
and 
environmental diseases and the potential for epidemics; 
c. 
Investigate 
cases, 
epidemics 
and 
occurrences 
of 
communicable, environmental and occupational diseases; and 
D. 
Establish 
procedures 
for 
the 
control, 
detection, 
prevention and treatment of communicable, environmental and 
occupational 
diseases, 
including public 
immunization 
and 
contact notification programs. 
Sec. 7. 22 MRSA §802, sub-§2, as enacted by PL 1989, c. 487, 
§11, is amended to read: 
2. 
Health emergency. 
In 
the 
event 
of 
an 
actual 
or 
threatened epidemic or 9~~aFeak-9~-~~~~~~-gee~~a~i9Bal 
ea.sease public health threat, the department may declare that a 
health emergency exists and may adopt emergency rules for the 
protection of the public health relating to: 
A. 
Procedures for the isolation and placement of infected 
persons for purposes of care and treatment or infection 
control; 
B. 
Procedures for the disinfection, seizure or destruction 
of contaminated property; and 
C. 
The establishment of temporary facilities for the care 
and treatment of infected or exposed personsL which shall-ae 
~ subject to 
the 
superv~s~on and 
regulations 
of 
the 
department and to the limitations set forth in section 807. 
Sec. 8. 22 MRSA §802, sub-§3, as repealed and replaced by PL 
2001, c. 694, Pt. B, §4 and affected by PL 2003, c. 366, §l, is 
amended to read: 
3. 
Rules. 
The department shall adopt rules to carry out 
its duties as specified in this chapter. 
'l'he--app-1-iGa-t-i-()ll--e~ 
F~les-~~-~~--~9--~~&~-~--see~i9B-~~~-~~-im~lemeB~ 
see~i9B-~-~--ae--~~~~-~~-pe~~9Q£--9~-~-~~~~-~~alie 
heal~h-emeE~eBeYT Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, 
chapter 375, 
subchapter Il-A 2-A. 
Sec. 9. 22 MRSA §803, as enacted by PL 1989, c. 487, §11, is 
amended to read: 
§803. Inspection 
If the department has reasonable grounds to believe that 
there exists, on public or private property, 
aBY-~~B.l-eaB!e 
aisease--waiea ~ 
presents 
a 
public health threat, 
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 eellllllliB.l-eaa.],.e.-a..i6ease 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. 
Sec. 10. 22 MRSA §806, sub-§I, as enacted by PL 1989, c. 487, 
§ll, is amended to read: 
1. 
Dismissa1. 
In the event of an actual or threatened 
outbreak of a communicable disease or other public health threat, 
the department may order that any e~-all-~e~seBs person attending 
or working in aBY g school or day care facility be excluded until 
the department determines that a public health threat no longer 
exists. 
Sec. 11. 22 MRSA §807, last" as enacted by PL 1989, c. 487, 
§11, is amended to read: 
For purposes of carrying out this chapter, the department 
may designate facilities and private homes for the confinement 
and treatment of infected persons posing a public health threat. 
The department may designate any such facility in any hospital or 
other 
public 
or 
private institution, 
other 
than 
a 
jailor 
correctional 
facility. 
Designated 
institutions 
must 
have 
necessary clinic, hospital or confinement facilities as may be 
required 
by 
the 
department. 
The 
department 
may 
enter 
into 
arrangements 
for 
the conduct of these facilities with public 
officials or persons, associations or corporations in charge of 
or maintaining and operating these institutions. 
Sec. 12. 22 MRSA §812, sub-§I, ,G, as enacted by PL 1989, c. 
487, §ll and amended by PL 2003, c. 689, Pt. B, §6, is further 
amended to read: 
G. 
Undergoing 
a 
comprehensive medical assessment by the 
State 
Forensic 
Service. 
The 
court, 
in 
selecting 
the 
examination site, shall consider proximity to the court, 
availabili ty of an examiner and the need to protect the 
public health. 
No person may be presented for examination 
under this subsection without arrangements for examination 
having first been made by the court, clerk of the court or 
the petitioner with the State Forensic Service. 
The opinion 
of the State Forensic Service saa!! must be reported to the 
court forthwith following the examination. 
The court shall order the indiwidual to be further examined 
by a psychiatrist., neurologist and any additional expert if, 
based on the report of the State Forensic Service, it 
appears that: 
(1) 
The individual suffers from a mental disease or 
defect wa~ea that causes the individual to act in such 
a manner as to endanger others with risk of infection 
with a communicable disease; or 
(2) Further observation or examination is required. 
If, based on the examinations, 
the department determines 
that 
admission 
to 
an 
appropriate 
institution 
for 
the 
mentally ill or mentally retarded is necessary, it shall 
petition for involuntary hospitalization pursuant to Title 
34-B, 
chapter 
3. 
If 
the 
District 
Court 
orders 
the 
involuntary hospitalization of the individual pursuant to 
Title 34-B, 
chapter 3, 
the petition brought pursuant to 
section 811 Baa •• ID.Y.li be dismissed without prejudice. 
If 
it 
is 
determined 
that 
admission 
to 
an 
appropriate 
institution for the mentally ill or the mentally retarded is 
not 
necessary, 
the 
head 
of 
the 
institution where 
the 
examinations have taken place shall notify the commissioner 
or the commissioner's designee, prior to discharging the 
respondent. 
In no event may the period of examination pursuant to this 
subsection exceed 
days without further order by the 
court, which may extend commitment for further observation 
or examination for an additional 60 days, provided that the 
court finds facts sufficient to show that the individual 
suffers from a mental disease or defect 
wa~ea ~ 
causes 
the individual to act in such a manner as to endanger others 
with risk of infection with a communicable disease; and 
Sec. 13. 22 MRSA §815, sub-§ 1, as enac ted by PL 1989, c . 487, 
§ll, is amended to read: 
1. 
Privi1eqes 
abroqated. 
Subject 
to 
the 
limitations 
imposed by United States Code, Title 42, Sections 290dd-3 and 
290ee-3, 
the 
physician-patient 
and 
psychotherapist-patient 
privileges 
under 
the 
Maine 
Rules 
of 
Evidence 
and 
those 
confidential 
communications 
described 
under Title 
5, 
section 
19203, Title 24-A, section 4224, Title 32, section 7005 and Title 
34-B, section 1207 T 
are abrogated to the extent necessary to 
permit 
reporting to 
the 
Bureau of 
Health 
any 
incidents 
of 
notifiable disease or condition; cooperating with the Bureau of 
Health or an intervention team appointed by the Bureau of Health 
in investigating a case of a notifiable disease or condition or 
suspected epidemic, or taking preventive action in such a case; 
or giving evidence in a proceeding pursuant to this chapter. 
Information released to the bureau pursuant to this section saa •• 
~ 
be kept confidential and may not be disclosed by the bureau 
except as provided in section 824 and Title 5, section 19203, 
subsection 8. 
Sec. 14. 22 MRSA §817, as enacted by PL 1989, c. 487, §ll, is 
amended to read: 
§817. Discharge 
An 
individual 
committed 
to 
a 
hospital 
9FL 
iRS~i~~~i9R 
facility 
or 
private 
home 
pursuant 
to 
section 
may 
be 
discharged 
whenever 
the 
physician 
responsible 
for 
that 
individual's treatment 
and the department determine that the 
individual 
may 
be 
discharged 
without 
danger 
to 
other 
individuals. 
The 
department 
shall 
immediately 
report 
the 
discharge, 
with 
a 
full 
statement 
of 
the 
reasons 
for 
the 
discharge, to the court waiea ~ 
ordered the commitment. 
If 
an 
individual 
committed 
to 
a 
hospital, 
facility or 
private home pursuant to section 812 
leaves-~ae-h96pi~al violates 
the 
commitment 
prior 
to 
discharge 
in 
accordance 
with 
this 
section, 
the hospital or physician responsible for 
treatment 
shall 
immediately report this to the department. 
An 
arrest 
warrant 
sRall--iss~e must 
be 
issued upon application by 
the 
department to the District Court. 
Sec. 15. 22 MRSA §820, sub-§I, ,A, as enacted by PL 2001, c. 
694, Pt. A, §1 and affected by PL 2003, c. 366, §1, is amended to 
read: 
A. 
Upon request of the department, a RleEUeal health care 
provider, 
pharmacist, 
medical 
laboratory or 
veterinarian 
shall provide to the department health information directly 
related to a declared extreme public health emergency. 
Sec. 16. 22 MRSA §820, sub-§l, 1f1fC, D and E are enacted to read: 
C. 
The department may implement rules to address the risk 
or potential risk of a shortage of health care workers. 
D. 
The department may implement rules to address the need 
for dispensing drugs in an emergency situation. 
E. 
Rules adopted pursuant to this subsection are routine 
technical 
rules 
as 
defined 
in Title 
5. 
chapter 
375. 
subchapter 2-A. 
Sec. 17. 22 MRSA §820, sub-§4, as enacted by PL 2001, c. 694, 
Pt. A, §1 and affected by PL 2003, c. 366, §1, is repealed. 
Sec. 18. 22 MRSA §§821 to 823, as enac ted by PL 1989, c . 487, 
§11, are amended to read: 
§821. Authority of department 
The department shall adopt rules pursuant to section 802 and 
establish procedures to carry out the rules to provide a uniform 
system of reporting. 
recording and collecting information and 
maintaining 
confidentiality 
concerning 
communicable 
diseasesL 
environmental 
or 
occupational diseases 
or 
exposure 
to 
toxic 
agents. 
The department may designate any communicable disease L 
environmental disease. 
occupational disease or exposure 
to 
a 
toxic agent as a notifiable disease or condition. 
Any notifiable 
disease SRa~~ or condition must be reported to the department in 
accordance with this subchapter and the rules established by the 
department. 
§822. Reporting 
Whenever any physician knows or has reason to believe that 
any person whom the physician examines or cares for has or is 
afflicted with any 
eeRlHl\iRiea9~e disease or condition designated 
as notifiable, that physician shall notify the department and 
make 
such a 
report as may be required by the rules of the 
department. 
Reports 
sRa~~ ~ 
be 
in the 
form 
and 
content 
prescribed by the department and the department shall provide 
forms for making required reports. 
§S23. Time requirements 
The reporting of a notifiable disease 
SRa~~ or condition 
~ 
be made by telephone to the department immediately upon 
determination that a person has that disease and 
sRa~~ must be 
followed by a written report mailed to the department within 48 
hours. 
Sec. 19. 22 MRSA §824, first 1[, as enacted by PL 1989, c. 487, 
§11, is amended to read: 
Any person who receives information pursuant to this chapter 
shall treat as confidential the names of individuals having or 
suspected 
of 
having 
a 
notifiable 
eeJlUR\iRiea9~e 
disease 
or 
condition, as well as any other information that may identify 
those individuals. 
This 
information may 
be 
released to 
the 
department for adult or child protection purposes in accordance 
with 
chapters 
958-A 
and 
1071, 
or 
to 
other 
public 
health 
officials, agents or agencies or to officials of a school where a 
child is enrolled, for public health purposes, but that release 
of information must be made in accordance with Title 5, chapter 
501, where applicable. 
In a the event of an actual or threatened 
epidemic or outbreak or public health threat or emergency, as 
declared by the 
s~a~e--he-aJ.-t-h--9UigeF Director of the Bureau of 
Health, the information may also be released to private health 
care providers and agencies for the purpose of pFeyeR~iR~-lQF~ReF 
QiseaSe--~FaRsffiissi9R carrying out public health functions 
as 
authorized by this chapter. 
All information submitted pursuant 
to 
this 
chapter 
that 
does 
not 
name 
or 
otherwise 
identify 
individuals 
having 
or 
suspected 
of 
having 
a 
notifiable 
99ffiffiQRieasle disease or condition may be made available to the 
public at the sole discretion of the department. 
Sec. 20. 22 MRSA §825, as enacted by PL 1989, c. 487, §11, is 
amended to read: 
§825. Penalties 
Any person who knowingly and willfully fails to comply with 
reporting 
requirements 
for 
notifiable diseases 
or 
conditions 
commits a civil violation for which a 
19F1ei~QFe ~ 
of not more 
than $250 may be adjudged. 
A person who knowingly or recklessly 
makes a false report under section 822 or who knowingly violates 
section 824T is civilly liable for actual damages suffered by a 
person reported upon and for punitive damages and commits a civil 
violation for which a 
19F1ei~QFe fine of not more than $500 may 
be adjudged. 
Sec. 21. 22 MRSA §2013-A, sub-§I, as amended by PL 1993, c. 
600, Pt. B, §§2 to 4, is further amended to read: 
1. 
Exemptions. 
Subject to 
sQ:e6ee~ieR subsections 
and 
3, 
exempted from the provisions of 
circumstances: 
the limitations 
the 
following 
this Act under 
set forth in 
entities 
are 
the following 
A. 
Medical 
laboratories 
operated 
by 
the 
United 
States 
Government, the State or municipalities of the State; 
B. 
Laboratory facilities and laboratory services operated 
in a hospital licensed by the State; 
c. 
Physicians and medical staff pursuant to this paragraph: 
(1) 
Physicians, 
physician assistants, 
family 
nurse 
practitioners, Medicare-certified rural health clinics, 
professional associations or group practices performing 
only tests acceptable to the department, as defined by 
rule, 
exclusively for 
the examination of their 
own 
patients; and 
(2) 
Physicians, 
physician assistants, 
family 
nurse 
practitioners, Medicare-certified rural health clinics, 
professional associations or group practices performing 
tests, other than those listed in subparagraph (1), 
exclusively for the examination of their own patients 
are subject only to sections 2024, 2025 and 2039. 
Notwithstanding 
subparagraphs 
incorporated 
for 
the 
mutual 
practice owners 8Ra],.],.-ge ~ 
this Act; 
(1) 
and 
(2), 
laboratories 
use 
of 
physician or 
group 
subject to all provisions of 
D. Medical laboratories in a school, college, university or 
industrial plant wRieR ~ 
are under the direct supervision 
of, and wRieR ~ 
services are used exclusively by, a duly 
licensed 
physician 
and 
whieh 
that 
perform 
only 
tests 
acceptable to the department; otherwise, only sections 2024, 
2025 and 2039 apply; 
E. 
Laboratories operated and maintained for research and 
teaching 
purposes 
whieh 
.that 
are 
recognized 
by 
the 
department or involve no patient or public health service; 
F. 
The practice of radiology by a radiologist; and 
G. 
Laboratory services performing health screening tests as 
defined and regulated by rule adopted by the department. 
Services exempted under this paragraph include, but are not 
limited 
to, 
the 
performance 
of 
screening 
tests 
for 
cholesterol and colon cancer. 
Sec. 22. 22 MRSA §2013-A, sub-§3 is enacted to read: 
3. 
Public health reporting requirements. 
Notwithstanding 
subsection 
L 
any 
facility, 
regardless 
of 
location, 
that 
receives, 
forwards or analyzes specimens of material from the 
human body or referred cultures of specimens from the human body 
and reports the results to health care providers who use the data 
for purposes of patient care must comply with chapter 250. 
Sec. 23. 26 MRSA c. 7, sub-c. 10 is enacted to read: 
SUBCHAPTER 10 
EMPW!MERT DURING EXTREME PUBLIC 
HEALTH EMERGENCY 
§875. 
Emplqyment leaves for caregivers and persons affected qy 
eztreme public health emergency 
1. 
Required leave. 
An employer shall grant reasonable and 
necessary leave from work, with or without pay, for an employee 
for the following reasons related to an extreme public health 
emergency: 
A. 
The employee is unable to work because the employee is 
under 
individual 
investigation. 
superV1S1on 
or 
treatment 
related to an extreme public health emergency: 
B. 
The employee is unable to work because the employee is 
acting in accordance with an extreme public health emergency 
order; 
C. 
Ihe employee is unable to work because the employee is 
in quarantine or isolation or is subject to 
a 
control 
measure in accordance with extreme public health emergency 
information or directions issued to the public, a part of 
the public or one or more individuals; 
D. 
The employee is unable to work because of a direction 
given by the employee's employer in response to a concern of 
the employer that the employee may expose other individuals 
in the workplace to the extreme public health emergency 
threat; or 
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 spouse or same-sex partner of 
the employee; a parent, stepparent or foster parent of the 
employee or the employee's spouse or same-sex partner; 
a 
child, stepchild or foster child of the employee or the 
employee's 
spouse 
or 
same-sex 
partner; 
the 
spouse 
or 
same-sex partner of a child of the employee; the employee's 
sibling; or a relative of the employee who is dependent on 
the employee for care or assistance. 
For 
purposes 
of 
this 
subsection, 
"extreme 
public 
health 
emergency" has the same meaning as in Title 22, 
section 801, 
subsection 4-A. 
2. 
Exceptions. 
An 
employer who fails to grant a l~ 
under subsection 1 is not in violation of subsection 1 if: 
A. 
The 
employer would sustain undue 
hardship 
from 
the 
employee's absence; or 
B. 
The 
reguest 
for 
leave 
is 
not 
communicated 
to 
the 
employer within a reasonable time under the circumstances. 
3. 
Benefits 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 receive normal vacation leave, 
sick 
leave, 
bonuses, 
advancement 
or 
other 
advantages 
of 
employment 
normally 
to 
be 
anticipated 
in 
the 
employee's 
particular position, including insurance benefits. 
4. 
Civil penalties. 
The Department of Labor may assess 
civil penalties of up to $200 for each violation of this section 
if notice of the violation is given to the employer and the 
department within 6 months of the occurrence. 
5. 
Application. 
This subchapter applies to all public and 
private 
employers, 
including 
the 
State 
and 
its 
I?oli tical 
subdivisions. 
Sec. 24. PL 2001, c. 694, Pte B, §6, as amended by PL 2003, c. 
366, §l, is repealed. 
SUMMARY 
This 
bill 
amends 
the 
laws 
regarding 
the 
control 
of 
communicable diseases in the following ways. 
1. 
It removes the repeal of the laws regarding the ability 
of the Department of Health and Human Services to respond to an 
extreme public health emergency. 
2. 
It allows for isolation or quarantine in a 
private 
home. 
Current law allows for confinement only in public or 
private facilities; private homes are not considered facilities. 
This change, for both a public health emergency and an extreme 
public health emergency, allows for confinement for quarantine or 
isolation in a private home. 
Authority of the department is made 
consistent with the authority of a court order. 
3. 
It grants the department rulemaking authority to address 
workforce needs and the need for dispensing drugs in an emergency 
situation. 
This provision gives the department the authority to 
develop rules that address the risk of a potential shortage of 
health care workers and procedures for dispensing drugs in the 
event of an extreme public health emergency. 
Page ll-LR0602(l) 
4. 
It removes reference to the term "medical provider" and 
clarifies 
reporting 
requirements 
of 
medical 
laboratories. 
"Medical provider," which is undefined, is replaced with "health 
care provider" and medical laboratories are added to the list of 
those from whom the department may request information in an 
extreme public health emergency. 
5. 
The 
chapter 
has 
been 
renamed 
to 
acknowledge 
that 
notifiable 
conditions 
include 
communicable, 
environmental 
and 
occupational diseases. 
It provides definitions of "public health 
threat" 
and 
"notifiable disease 
or 
condition" 
to 
allow 
for 
reporting related to toxins or other agents that could have 
serious implications either in the severity of the impact on 
individuals or potential for impact on a large number of people. 
6. 
It eliminates the Medical Legal Advisory Panel. 
7. 
It clarifies that protected health information may be 
disclosed to health providers in the event of an actual or 
threatened outbreak or epidemic as declared by the Director of 
the Bureau of Health. 
8. 
It clarifies that, under the Maine Medical Laboratory 
Act, 
licensed and unlicensed laboratories have public health 
reporting requirements. This provision requires all laboratories 
that receive, forward or analyze specimens of materials from the 
human body or referred cultures of specimens from the human body 
and report the results to health care providers who use the data 
for purposes of patient care to comply with the law regarding 
control 
and 
reporting of notifiable diseases 
and conditions. 
This provision allows compliance with these requirements to be 
considered when laboratories are evaluated and applications for 
licenses or renewals are considered. 
9. 
It provides employment protection in an extreme public 
health 
emergency 
by 
protecting 
from 
unfavorable 
employment 
actions an employee who has been quarantined or isolated or who 
provides care to someone who has been isolated or quarantined 
during 
an extreme public health emergency. 
The 
proposal is 
modeled after legislation that was passed in Toronto as a result 
of SARS and draws from several Maine laws providing employment 
protection to those who are victims of abuse, on family medical 
leave or serving in the military. 
Page l2-LR0602(1)