An Act To Prohibit Mandatory Immunizations
Maine Legislature, Session 125, LD 0941
Committee Amendment CA_A_S106 (Senate)
Amends: 22 MRSA §454-A, 22 MRSA §801, 22 MRSA §802, 22 MRSA §816, 22 MRSA §817, 24 MRSA §2904, 30-A MRSA §1560, 37-B MRSA §703

COMMITTEE AMENDMENT" A " to S.P. 287, L.D. 941, Bill, "An Act To 
Prohibit Mandatory Immunizations" 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 22 MRSA §454-A, sub-§2, ~C, as enacted by PL 2007, c. 598, §7, is 
amended to read: 
C. 
During a declared health emergency, as defined in section 802, subsections 
subsection 2 and 2 A, report to the commissioner or the commissioner's designee 
facts regarding potential notifiable diseases and cases that directly relate to the 
declared health emergency, as the rules of the department require; 
Sec. 12. 22 MRSA §801, sub-§4-A, as enacted by PL 2001, c. 694, Pt. B, §1 and 
affected by PL 2005, c. 383, §24, is repealed. 
Sec. 13. 22 MRSA §801, sub-§8-A, as enacted by PL 2001, c. 694, Pt. B, §2 and 
affected by PL 2005, c. 383, §24, is amended to read: 
8-A. Prescribed care. "Prescribed care" means isolation, quarantine, examination, 
vaccination, or medical care or treatment ordered by the department or a court pursuant to 
section 820. 
Sec. 14. 22 MRSA §802, sub-§2-A, as enacted by PL 2001, c. 694, Pt. B, §3 and 
affected by PL 2005, c. 383, §24, is repealed. 
Sec. 15. 
MRSA §802, sub-§3, as amended by PL 2005, c. 383, §8 and 
affected by §24, is repealed. 
Sec. 16. 22 MRSA §816, sub-§I, as amended by PL 2003, c. 438, §l, is further 
amended to read: 
1. For private institutions. Any private institution, its employees or agents are 
immune from civil liability to the extent provided in Title 14, chapter 741, as if that 
institution were a state agency and its employees and agents were state employees, for 
any acts taken to provide for the confinement or restraint of a person committed pursuant 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 287, L.D. 941 
to this chapter or for participating in reporting under this chapter, or for engaging in any 
prescribed care within the meaning of this chapter in support of the State's response to a 
declared extreme public health emergency in accordance with the provisions of this 
chapter and Title 37 B, chapter 13, subchapter 2. 
Sec. 17. 22 MRSA §816, sub-§l-A, as enacted by PL 2005, c. 630, §l, is 
repealed. 
Sec. 18. 22 MRSA §817, as amended by PL 2007, c. 359, §1, is further amended 
to read: 
§817. Discharge 
An individual committed to a hospital, facility or private home pursuant to section 
or section 813 or subject to a prescribed care order of the department or a court 
pursuant to section 820 may be discharged when the physician responsible for that 
individual's treatment and the department detennine 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 that 
ordered the commitment. 
If an individual committed to a hospital, facility or private home pursuant to section 
or section 813 or subject to a prescribed care order of the department or a court 
pursuant to section 820 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 must be issued upon application by the 
department to the District Court or Superior Court. 
Sec. 19. 22 MRSA c. 250, sub-c. 2-A, as amended, is repealed.' 
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. 24 MRS A §2904, sub-§l, ~A, as enacted by PL 2003, c. 438, §2, is 
amended to read: 
A. A licensed health care practitioner who voluntarily, without the expectation or 
receipt of monetary or other compensation either directly or indirectly, provides 
professional services within the scope of that health care practitioner's licensure: 
(1) To a nonprofit organization; 
(2) To an agency of the State or any political subdivision of the State; 
(3) To members or recipients of services of a nonprofit organization or state or 
local agency; 
(4) To support the State's response to a public health threat as defined in Title 22, 
section 801, subsection 10; or 
(5) To support the State's response to an extreme public health emergency as 
defined in Title 22, section 801, subsection 4 A; or 
(6) To support the State's response to a disaster as defined in Title 37-B, section 
703, subsection 2; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 287, LD. 941 
Sec. 13. 24 MRSA §2904, sub-§l, ~, as corrected by RR 2005, c. 2, §19, is 
amended to read: 
B. An emergency medical services person who voluntarily, without the expectation 
or receipt of monetary or other compensation either directly or indirectly, provides 
emergency medical services within the scope of that person's licensure: 
(1) To support the State's response to a public health threat as defined in Title 22, 
section 801, subsection 10; or 
(2) To support the State's response to an t'mtreme public health emergency as 
defined in Title 22, section 801, subsection 1 A; or 
(3) To support the State's response to a disaster as defined in Title 37-B, section 
703, subsection 2. 
Sec. 14. 24 MRSA §2904, sub-§2, ~D, as enacted by PL 2003, c. 438, §2, is 
amended to read: 
D. To support the State's response to a public health threat as defined in Title 22, 
section 801, subsection 10; or 
Sec. 15. 24 MRSA §2904, sub-§2, ~E, as enacted by PL 2003, c. 438, §2, is 
repealed. 
Sec. 16. 26 MRS A c. 7, sub-c. 10, as amended, is repealed. 
Sec. 17. 30-A MRSA §1560, sub-§l-A, as enacted by PL 2007, c. 359, §2, is 
amended to read: 
1-A. Transportation; medical care. A person detained or committed to a jailor 
correctional facility as a consequence of a violation of a public health measure pursuant 
to Title 22, section 812 or section 813 or as a consequence of a violation of a prescribed 
care order pursuafit to Title 22, section 820 may be transported by the sheriff or 
superintendent of the correctional facility for medical care if a court orders the transport. 
The Department of Health and Human Services shall bear the costs of transportation and 
the per diem compensation for the accompanying officers. 
Sec. 18. 37-B MRSA §703, sub-§2, as amended by PL 2001, c. 694, Pt. B, §5 
and affected by PL 2005, c. 383, §24, is further amended to read: 
2. Disaster. "Disaster" means the occurrence or imminent threat of widespread or 
severe damage, injury or loss of life or property resulting from any natural or man-made 
cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil 
spill or other water contamination requiring emergency action to avert danger or damage, 
epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 
2-A, air contamination, blight, drought, critical material shortage, infestation, explosion, 
riot or hostile military or paramilitary action.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 287, L.D. 941 
SUMMARY 
This amendment, which is the minority report of the committee, removes from the 
bill the section that relates to emergency rescue and public safety workers undergoing 
immunization for certain diseases. The amendment also repeals the authority of the 
Governor to declare an extreme public health emergency. 
FISCAL ~OTE REQUK£D 
(See attached) 
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COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04128111 
~ac 
LD941 
LR 1977(02) 
An Act To Prohibit Mandatory Immunizations 
Fiscal Note for Bill as Amended by Committee Amendment" A" 'S -, O~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Repealing the law that provided employment leave for caregivers and persons affected by extreme public health 
emergencies may result in General Fund savings to the Bureau of Labor Standards within the Department of Labor 
due to the Bureau no longer having to investigate complaints of violations. Repealing the penalties assessed for 
violations of the law may result in a decrease in General Fund revenue. Neither the amount of savings to the Bureau 
nor the amount of revenue lost is expected to be significant. 
Additional costs to the Department of Education and the Department of Health and Human Services associated with 
rulemaking can be absorbed within existing budgeted resources. 
LRI977(02) - Fiscal Note - Page I of I