An Act To Protect the Lives and Health of Members of the Maine National Guard
Maine Legislature, Session 123, LD 1889
Committee: Legal and Veterans Affairs
Sponsors: CUMMINGS, EDMONDS, ADAMS, BABBIDGE, BARSTOW, BEAUDETTE, BEAUDOIN, BEAULIEU, BERRY, BLANCHARD, BLANCHEITE, BLISS, BOLAND, BRAUTIGAM, BRYANT, BURNS, CAIN, CAMPBELL, CANAVAN, CARTER, CASAVANT, CHASE, CLEARY, CONNOR, CONOVER, CRA YEN, CROCKETI, CROSTHW AITE, DILL, DRISCOLL, DUCHESNE, DUNN, EATON, EBERLE, FAIRCLOTH, FARRINGTON, FINCH, FINLEY, FISCHER, FISHER, FITTS, FLETCHER, FLOOD, GERZOFSKY, GIFFORD, GILES, GOULD, GREELEY, GROSE, HAMPER, HANLEY, HARLOW, HASKELL, HAYES, HILL, HINCK, HOGAN, JACKSON, JACOBSEN, JOY, KNIGHT, KOFFMAN, LEWIN, LUNDEEN, MAKAS, MARLEY, MAZUREK, MILLER, MILLETI, MILLS, MUSE, NASS, NORTON, PATRICK, PENDLETON, PEOPLES, PERCY, PERRY, PIEH, PILON, PINEAU, PINGREE, PINKHAM, PIOTII, PLUMMER, PRA TI, PRESCOTI

Legislative Document 
No. 1889 
H.P.1321 
House of Representatives, May 3, 2007 
An Act To Protect the Lives and Health of Members of the Maine 
National Guard 
(EMERGENCY) 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Speaker CUMMINGS of Portland. (GOVERNOR'S BILL) 
Cosponsored by President EDMONDS of Cumberland and 
Representatives: ADAMS of Portland, A YOITE of Caswell, BABBIDGE of Kennebunk, 
BARSTOW of Gorham, BEAUDETTE of Biddeford, BEAUDOIN of Biddeford, BEAULIEU 
of Auburn, BERRY of Bowdoinham, BLANCHARD of Old Town, BLANCHEITE of 
Bangor, BLISS of South Portland, BOLAND of Sanford, BRAUTIGAM of Falmouth, 
BRYANT of Windham, BURNS of Berwick, CAIN of Orono, CAMPBELL of Newfield, 
CANAVAN of Waterville, CARTER of Bethel, CASAVANT of Biddeford, CHASE of Wells, 
Printed on recycled paper 
(H.P.1321) 
(L.D.1889) 
CLARK of Millinocket, CLEARY of Houlton, CONNOR of Kennebunk, CONOVER of 
Oakland, COTI A of China, CRA YEN of Lewiston, CRA Y of Palmyra, CROCKETI of 
Augusta, CROSTHW AITE of Ellsworth, DILL of Cape Elizabeth, DRISCOLL of Westbrook, 
DUCHESNE of Hudson, DUNN of Bangor, EATON of Sullivan, EBERLE of South Portland, 
FAIRCLOTH of Bangor, FARRINGTON of Gorham, FINCH of Fairfield, FINLEY of 
Skowhegan, FISCHER of Presque Isle, FISHER of Brewer, FITTS of Pittsfield, FLETCHER 
of Winslow, FLOOD of Winthrop, GERZOFSKY of Brunswick, GIFFORD of Lincoln, 
GILES of Belfast, GOULD of South Berwick, GREELEY of Levant, GROSE of Woolwich, 
HAMPER of Oxford, HANLEY of Gardiner, HARLOW of Portland, HASKELL of Portland, 
HAYES of Buckfield, HILL of York, HINCK of Portland, HOGAN of Old Orchard Beach, 
JACKSON of Allagash, JACOBSEN of Waterboro, JOY of Crystal, KNIGHT of Livermore 
Falls, KOFFMAN of Bar Harbor, LEWIN of Eliot, LUNDEEN of Mars Hill, MacDONALD of 
Boothbay, MAKAS of Lewiston, MARLEY of Portland, MAZUREK of Rockland, 
McDONOUGH of Scarborough, McFADDEN of Dennysville, McKANE of Newcastle, 
McLEOD of Lee, MILLER of Somerville, MILLETI of Waterford, MILLS of Farmington, 
MUSE of Fryeburg, NASS of Acton, NORTON of Bangor, PATRICK of Rumford, 
PENDLETON of Scarborough, PEOPLES of Westbrook, PERCY of Phippsburg, PERRY of 
Calais, PIEH of Bremen, PILON of Saco, PINEAU of Jay, PINGREE of North Haven, 
PINKHAM of Lexington Township, PIOTII of Unity, PLUMMER of Windham, PRA TI of 
Eddington, PRESCOTI of Topsham, PRIEST of Brunswick, RAND of Portland, RECTOR of 
Thomaston, RINES of Wiscasset, ROBINSON of Raymond, ROSEN of Bucksport, SAMSON 
of Auburn, SA V AGE of Falmouth, SA VIELLO of Wilton, SCHATZ of Blue Hill, SILSBY of 
Augusta, SIMPSON of Auburn, SIROIS of Turner, SMITH of Monmouth, SUTHERLAND of 
Chapman, TARDY of Newport, THERIAULT of Madawaska, THIBODEAU of Winterport, 
TmBETIS of Columbia, TREAT of Farmingdale, TRINW ARD of Waterville, TUTTLE of 
Sanford, VALENTINO of Saco, VAUGHAN of Durham, W AGNER of Lewiston, W ALCOTI 
of Lewiston, WALKER of Lincolnville, WATSON of Bath, WEBSTER of Freeport, 
WEDDELL of Frankfort, WHEELER of Kittery, WOODBURY of Yarmouth, Senators: 
BARTLETI of Cumberland, BENOIT of Sagadahoc, BRANNIGAN of Cumberland, 
BROMLEY of Cumberland, BRYANT of Oxford, COURTNEY of York, DAMON of 
Hancock, DIAMOND of Cumberland, DOW of Lincoln, GOOLEY of Franklin, HASTINGS 
of Oxford, HOBBINS of York, MARRACHE of Kennebec, MARTIN of Aroostook, 
McCORMICK of Kennebec, MITCHELL of Kennebec, NASS of York, NUTIING of 
Androscoggin, PERRY of Penobscot, RA YE of Washington, SA V AGE of Knox, 
SCHNEIDER of Penobscot, SHERMAN of Aroostook, SNOWE-MELLO of Androscoggin, 
STRIMLING of Cumberland, SULLIVAN of York, WESTON of Waldo. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, members of the Maine National Guard are being sent into military 
conflicts throughout the world; and 
Whereas, the health and lives of Maine National Guard members are at constant 
risk; and 
Whereas, it is essential to reduce these risks as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRS A c. 8-A is enacted to read: 
CHAPTER 8-A 
COMMISSION TO PROTECT THE LIVES AND HEALTH OF 
MEMBERS OF THE MAINE NATIONAL GUARD 
§531. Definitions 
As used in this chapter, unless the context otherwise indicates. the following terms 
have the following meanings. 
1. Center for disease control. "Center for disease control" means the Department 
of Health and Human Services, Maine Center for Disease Control and Prevention. 
2. Commission. "Commission" means the Commission to Protect the Lives and 
Health of Members of the Maine National Guard established in section 532. 
3. Maine National Guard. "Maine National Guard" includes the Maine Anny 
National Guard and the Maine Air National Guard. 
§532. 
Commission to Protect the Lives and Health of Members of the Maine 
National Guard; established 
The Commission to Protect the Lives and Health of Members of the Maine National 
Guard is established. 
1. Composition of commission. The commission consists of: 
A. The Adjutant General. who serves ex officio; 
B. The director of the center for disease control, who serves ex officio; 
Page I -123LR2622(Ol)-1 
C. The Director of the Bureau of Maine Veterans' Services, who serves ex officio; 
D. A physician licensed in the State with experience and knowledge of preventive 
care, appointed by the President of the Senate from a list provided by the Maine 
Medical Association or its successor organization; 
E. A pharmacist licensed in the State, appointed by the Speaker of the House; 
F. A retired Maine veteran who has served in a war zone, appointed by the Speaker 
of the House; 
G. A family member of a deceased military person from the State who died from a 
noncombat cause while serving in a military capacity, appointed by the Governor; 
H. A disabled Maine military person with a major noncombat disability suffered 
while serving in a military capacity, appointed by the President of the Senate; and 
I. A psychologist licensed in the State, appointed by the Governor. 
2. Advisory members. The Chief Medical Examiner within the Attorney General's 
office shall serve as a nonvoting advisory member. The Director of the Department of 
Veterans Affairs Medical at Togus Hospital or the director's designee may serve as a 
nonvoting advisory member. 
3. Terms. Each commission member must be appointed to a 3-year term, except ex 
officio members, except that the terms of the initial members are staggered as follows. 
A. The initial appointments made by the President of the Senate are for 3 years. The 
initial appointment of the retired veteran made by the Speaker of the House pursuant 
to subsection 1, paragraph F is for 2 years. The initial appointment of the family 
member of a deceased military person who died from a noncombat cause pursuant to 
subsection 1, paragraph G is for 2 years. 
The initial appointments of the 
psychologist and the pharmacist are for one year. All appointments after the initial 
appointments are for 3 years. 
B. Ex officio members shall serve on the commission as long as they hold their 
offices. 
Other members serve until their replacements have been appointed. 
Members may be reappointed following the expirations of their terms. 
4. Chair. The Governor shall appoint the chair of the commission from among its 
membership, who may not be an ex officio member of the commission. 
5. Compensation. Members of the commission, except ex officio members, are paid 
a per diem and compensated for expenses at the same rates provided to Legislators under 
Title 5, chapter 379. 
§533. Responsibilities of the commission 
1. Responsibilities. The commission, with assistance from the department and the 
center for disease control. shall: 
A. Review all the preventive health care treatment practices and protocols, including, 
but 
not 
limited 
to, 
physical 
and 
emotional 
screemngs, 
vaccinations, 
electrocardiograms and physical examinations as they apply to members of the Maine 
National Guard in different age groups; 
B. Review the vaccinations and other medications currently provided to members of 
the Maine National Guard, particularly those that produce allergic reactions and 
dangerous side effects, and compare the vaccinations and medications with those 
recommended by the National Institutes of Health, the United States Food and Drug 
Administration and other sources of standards of medical care; 
C. 
Propose recommendations and seek approval from the Armed Forces of the 
United States for safer health care practices and protocols to be administered to 
members of the Maine National Guard; 
D. Propose and seek approval from the Armed Forces of the United States for the 
Maine National Guard to retain a copy of the medical records of each member of the 
Maine National Guard who is sent to active duty; 
E. Provide for the education of members of the Maine National Guard and other 
military personnel, especially medical staff, with respect to safer and more effective 
health care practices and protocols; 
F. Assist the families of Maine National Guard members who died in military service 
from noncombat causes, including suicide, to obtain accurate and timely information 
in regard to the deaths of the Maine National Guard members; 
G. Provide for the cooperation and coordination of assistance between the Maine 
National Guard and the center for disease control with respect to this chapter; 
H. 
Work with the Bureau of Maine Veterans' Services to track the care of the 
wounded Maine National Guard members within the health care systems of the 
United States Department of Defense and the United States Department of Veterans 
Affairs and serve as an advocate to ensure a high quality of care; and 
I. 
Assist the Maine National Guard in ensuring appropriate demobilization 
procedures and follow-up for Maine National Guard members related to mental 
health issues, including, but not limited to, substance abuse and post-traumatic stress 
disorder. 
2. Commission reports and recommendations. The commission shall report its 
findings and recommendations, including any necessary legislation, to the Governor and 
the joint standing committees of the Legislature having jurisdiction over legal and 
veterans affairs and health and human services matters. 
A. 
The commission shall prepare a preliminary report for the Governor and 
Legislature regarding its efforts under this section by April 1, 2008. 
B. The commission shall issue a complete report regarding its efforts under this 
section by December 15,2008 and annually by December 15th thereafter. 
§534. Public bearings 
The commission shall meet at least 4 times a year, including at least one public 
hearing a year at which Maine National Guard members and their families, former Maine 
National Guard members and their families and members of the public may testify and 
present concerns and recommendations for the commission to consider. 
§535. Assistance from state agencies 
The Commissioner of Defense, Veterans and Emergency Management and the 
Commissioner of Health and Human Services through the center for disease control shall 
coordinate their resources and provide assistance, including staff assistance, research, 
reports and other assistance, to the commission in order to provide a higher standard of 
preventive care to members of the Maine National Guard. 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill creates the Commission to Protect the Lives and Health of Members of the 
Maine National Guard. The commission consists of 9 voting members and one or 2 
advisory nonvoting members. The intent of the bill is to provide through the commission 
a higher and safer standard for preventive medical practices and health screenmgs 
administered to members of the Maine National Guard than currently exists. 
The commission, working with the Department of Defense, Veterans and Emergency 
Management and the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention, is required to review all preventive health care treatment 
practices and protocols and vaccinations and other medications administered to members 
of the Maine National Guard and propose recommendations to the Armed Forces of the 
United States regarding safer health care practices and medications. 
The commission shall also assist veterans' families who have members who have died 
while in the Maine National Guard to obtain accurate and timely information regarding 
the deaths. The commission shall track the care of wounded Maine National Guard 
members and help ensure good care. 
The commission must hold at least 4 public hearings a year to obtain information, 
including information provided by veterans and their families in regard to the issues that 
the commission is required to address. 
Commission members include, among others, a physician, a psychologist, a 
pharmacist, a retired veteran who has served in a war zone, a family member of a 
deceased military person who died while serving in the Maine National Guard and a 
disabled veteran who suffered a disability while serving in a military capacity. 
The commission must issue its first complete report by December 15, 2008 and an 
annual report thereafter.