An Act To Restore Public Health Nursing Services
Maine Legislature, Session 128, LD 1108
Committee: Health and Human Services
Sponsors: CARSON, PERRY, DAVIS, KATZ, MAKER, WOODSOME, MALABY, SAMPSON, TEPLER, TUELL
Amends: 22 MRSA §1963, 22 MRSA §1964

Legislative Document
No. 1108
S.P. 362
In Senate, March 21, 2017
An Act To Restore Public Health Nursing Services
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CARSON of Cumberland.
Cosponsored by Representative PERRY of Calais and
Senators: DAVIS of Piscataquis, KATZ of Kennebec, MAKER of Washington, WOODSOME 
of York, Representatives: MALABY of Hancock, SAMPSON of Alfred, TEPLER of 
Topsham, TUELL of East Machias.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State has faced and will continue to face increased public health 
threats, a serious opioid epidemic and rising infant mortality rates; and 
Whereas, even while the health needs of the State's underserved populations have 
grown in recent years, the State has reduced public health nursing services in the last 6 
years, cutting the number of public health nurses from 59 to approximately 20; and 
Whereas, immediate action is needed to strengthen the Public Health Nursing 
Program within the Department of Health and Human Services to ensure the health of the 
State's residents and to build a healthy state; 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: 
PART A 
Sec. A-1.  22 MRSA §1963, sub-§3, as amended by PL 1995, c. 502, Pt. D, §4, is 
further amended to read: 
3.  Provide nursing services.  To provide, at the discretion of the director, nursing 
services in communities that lack these services or in which these services are inadequate 
according to established standards; and. The Public Health Nursing Program shall provide 
nursing services to communities within the State, including, but not limited to: 
A.  Treatment of and support for drug-affected babies and their parents; 
B.  Assistance with public health emergencies, including, but not limited to, 
outbreaks of infectious disease, natural disasters and bioterrorist attacks; 
C.  Early identification of children at risk of potential adverse childhood experiences 
to prevent future mental health and physical health issues; 
D.  Support for chronic disease management to prevent costly hospitalizations and 
assistance to persons with chronic diseases who may not have health coverage; 
E.  Early identification of persons at risk of domestic violence and referrals to 
community-based services as appropriate to those persons; 
F.  Support for the public health infrastructure under chapter 152, including, but not 
limited to, the district coordinating councils for public health as defined in section 
411, subsection 3 and local public health officers and the creation and 
implementation of district public health improvement plans; and 
G.  Assistance with the public health assessment and planning responsibilities of the 
Maine Center for Disease Control and Prevention and hospitals located within the 
State; 
H.  Support and education to prenatal clients, parents and newborn infants who are at 
risk for health challenges; 
I.  Nursing services to support activities of programs within the Maine Center for 
Disease Control and Prevention, including, but not limited to, the Universal 
Childhood Immunization program under section 1066 and environmental health and 
tuberculosis programs; and 
J.  Nursing services to support activities of programs that serve refugee and 
immigrant health services programs. 
Sec. A-2.  22 MRSA §1964 is enacted to read: 
§1964.  Required staffing 
The Public Health Nursing Program must include sufficient staffing to perform the 
responsibilities listed in section 1963.  Minimum staffing must include no fewer than 50 
full-time or full-time equivalent licensed public health nurses; 5 full-time or full-time 
equivalent direct supervisors; 4 consulting nurses in program development; and one 
program director as described in section 1962. 
PART B 
Sec. B-1.  Staffing levels.  The staffing for the Public Health Nursing Program, 
established in the Maine Revised Statutes, Title 22, chapter 408 and required by Title 22, 
section 1964, must be achieved as soon as possible after enactment of this Act, but no 
later than December 1, 2017. 
Sec. B-2.  Report.  The Director of the Public Health Nursing Program under the 
Department of Health and Human Services shall report in writing to the Joint Standing 
Committee on Health and Human Services by September 1, 2017 and October 15, 2017 
on the progress of the department in achieving full staffing of the Public Health Nursing 
Program as required by the Maine Revised Statutes, Title 22, section 1964. 
Sec. B-3.  Office space; support for staff.  The Department of Health and 
Human Services shall provide office space and support services for the staff of the Public 
Health Nursing Program, established in the Maine Revised Statutes, Title 22, chapter 408, 
to the full extent of required staffing provided in Title 22, section 1964.  Office space and 
support services must be provided on a regional basis in order to derive the maximum 
benefit from the professional skills of public health nursing staff and to minimize 
unnecessary driving time. 
PART C 
Sec. C-1.  Review by legislative joint standing committee.  The Joint 
Standing Committee on Health and Human Services shall complete before December 1, 
2017 a review of the services provided by the Public Health Nursing Program established 
by the Maine Revised Statutes, Title 22, chapter 408 during the years 2011 to 2016.  The 
review must focus on the quality of services provided to communities within the State, 
including, but not limited to, the type and scope of services needed and the provision of 
the types of services described in Title 22, section 1963, subsection 3.  The review must 
include the types of public health needs of persons who have recently moved to the State 
and must identify the services being provided to meet those needs and any unmet needs, 
identified by type of service and extent of the unmet need. 
Sec. C-2.  Cooperation of the Department of Health and Human Services.  
The Department of Health and Human Services shall provide information as requested by 
the Joint Standing Committee on Health and Human Services, as required for the 
committee to conduct the department's review under section 1 of this Part. The 
information required includes, but is not limited to, studies or reports on the performance 
of the Public Health Nursing Program established in the Maine Revised Statutes, Title 22, 
chapter 408 and on replacing public health nursing services with other state or private 
service providers and other documents of assessments and contracts of service providers 
during the period 2011 to 2016.  The committee shall provide to the Legislature a written 
report of its findings and recommendations for any future action by January 1, 2018. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is emergency legislation.  This bill enumerates the types of nursing services 
that must be provided by the Public Health Nursing Program within the Department of 
Health and Human Services.  It specifies required staffing in the program.  It sets 
deadlines for staffing and requires the Public Health Nursing Program by September 1, 
2017 and October 15, 2017 to report on progress in achieving full staffing.  The bill 
requires the Joint Standing Committee on Health and Human Services to conduct a 
review of public health nursing services including types of public health needs of persons 
who have recently moved to the State, services being provided to meet those needs and 
any unmet needs.  The bill requires the committee to provide to the Legislature a written 
report of its findings and recommendations for any future action by January 1, 2018.