An Act To Change the Maine HIV Advisory Committee
Maine Legislature, Session 124, LD 0865
Committee: Health and Human Services
Sponsors: CAREY, BARTLETT, PERRY, PETERSON, PINGREE, STUCKEY, BRANNIGAN
Amends: 5 MRSA §19202

MAINE STATE LEGISLATURE 
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124th MAINE LEGI.SLATURE 
Legislative Document 
No. 865 
H.P.596 
House of Representatives, March 5, 2009 
An Act To Change the Maine HIV Advisory Committee 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CAREY of Lewiston. 
Cosponsored by Senator BARTLETT of Cumberland and 
'1?1~ /J1·771d£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: PERRY of Calais, PETERSON of Rumford, Speaker PINGREE of North 
Haven, STUCKEY of Portland, Senator: BRANNIGAN of Cumberland. 
Printed on recyCled pLlper 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §19202, sub-§l-A, as enacted by PL 1999, c. 390, §2 and 
affected by § 1 0, is repealed. 
Sec. 2. 5 MRSA §19202, sub-§l-B is enacted to read: 
I-B. Duties. The Maine IUV Advisory Committee as established in section l2004-I, 
subsection 42 and referred to. in this section as "the committee," on behalf of those 
individuals infected by, at risk· for or· affected by the human immunodeficiency virus, 
referred to in this section as "IUV," in the State, shall: 
A. Advise the Office of the Governor and state, federal and private sector agencies, 
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officials and committees on HIV -related and AIDS-related policy, planning or rules; 
B. Make an iillIlualassessment of emerging HIV -related issues and trends; 
C. Make anannual assessment of budget proposals at state agencies related to IUV; 
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D. Initiate and respond to legislation, both state and federal; and 
E. Prepare and present, in person, an annual report on the status ofIUV in the State 
to the Office of the Governor and the ·joint standing committee of the Legislature 
having jurisdiction over health and human services matters by January 15th of each 
year. 
Sec. 3. 5 MRSA §19202, sub-§2-A, €![fe, as enacted by PL 1999, c. 390, §4 and 
affected by §10 and amended by PL 2003, c. 689, Pt. B, §§6 and 7, IS further amended to 
read: 
C. The membership consists of the following: 
(1) Two members of the Legislature, one Senator appointed by the. President of 
the Senate and one Representative appointed by the Speaker of the House of 
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Repres~ntatives; 
(2) Four representatIves of ehc:.ties serving persons infected with IllV or affected 
by HIV, chosen by the membership committee from nominations provided by the 
following: 
(a) 
A representative of the Department of Health and Human Services, 
Bureau of Health, IUV /STD program, nominated by the Commissioner of 
Health and Human Services; 
(b) A representative of the office managing the funds under the federal Ryan 
White Comprehensive AIDS Resources Emergency Act of 1990, 104 Stat. 
576.(1990), as amended, in the Department of Health and Human Services,. 
Auditing, Contracting and Licensing Service Center, nominated by the 
Commissioner of Health and H]l111an Services; 
(c) 
A representative of the Department of Health and Human Services, 
Office of Substance Abuse, nominated by the Commissioner of Health and 
Human Services; 
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(d) 
A representative of the Department of Education, nominated by the 
Commissioner of Education; 
(e) A representative of the Department of Corrections, nominated by the 
Commissioner of Corrections; and 
(f) A representative of the Department of Public Safety, nominated by the 
Commissioner of Public Safety; 
(3) Three representatives of persons with HIV or at risk for HIV infection or 
from organizations with extensive participation of persons with HIV, chosen by 
the membership committee from nomlmitions provided by organizations 
interested in and working on HIV I AIDS prevention and health, other community-
based organizations providing HIV I AIDS services, rural health center~ and the 
public; 
(4) Four health care practitioners involved with HIV/AIDS treatment and care 
issues, chosen by the membership committee from nominations provided by 
professional organizations representing allopathic and osteopathic physicians, 
nurses, dentists, hospitals, infection control practitioners, pharmacists and rural 
health centers; 
(5) Four providers of other services to persons at increased risk for HIV infection 
or persons with HIV to be chosen by the membership committee from the 
following: 
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(a) A provider of services to homeless persons, nomina,ted by a statewide 
organization of providers of services to the homeless; .... 
(b) A provider of services to high-risk'youth and injection drug users and a 
provider of mental health or developmental disabilities services, nominated 
by a statewide organization of providers of such services; 
(c) 
A ,provider of services to persons with hemophilia, nominated by 
statewide organizations concerned with hemophilia; and 
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(d) A provider of services to persons with HIV, nominated by a statewide 
organization concerned with HIV; and 
(6) Four persons representing interests related to HIV, HIV prevention or HIV 
policy, to be chosen by the membership committee from the following: 
(a) 
Representatives of statewide organizations concerned with family 
planning, public' health, HN prevention and treatment, organized labor, 
clergy, funeral directors, civil rights and disability rights, nominated by those 
organizations; 
. (b) A representative of families with school-aged children, nominated by 
members of the public; and 
(c) A representative of the Maine Human Rights Commission. 
Sec. 4. 5, MRSA §19202, sub-§4, as amended by PL 1999, c. 390, §7 and 
affected by § 10, is further amended to read: 
4. Meetings. The committee shall meet at least 4 tiines a year and more frequently if 
needed to respond to the duties of this committee as specified in subsection ±-A I-B. 
Special meetings may be called by the chair and must be called at the request of the State 
Epidemiologist, the Director of the Bureau of Health, the Director of Disease Control, the 
Director of Sexually Transmitted Diseases or by 3 or more members of the committee. 
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This bill adjusts the statutory duties of the Maine HIV Advisory Committee to ensure 
that its activities are performed on behalf of those individuals in the State who are 
infected by, at risk for or affected by HIV and to provide a more proactive role for the 
committee regarding issues surrounding HIV. 
. This bill removes funeral directors from the list of representatives that may be chosen 
to be on the Maine HIV Advisory Committee. 
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