An Act To Provide Program Solvency, Clarity, Consistency and Flexibility in Routine Public Health Licensing Activities
Maine Legislature, Session 129, LD 2063
Committee: Health and Human Services
Sponsors: HYMANSON
Amends: 22 MRSA §2175, 22 MRSA §2491, 22 MRSA §2492, 22 MRSA §2494, 22 MRSA §2495, 22 MRSA §2496, 22 MRSA §2498, 22 MRSA §2499, 32 MRSA §1222, 32 MRSA §1233, 32 MRSA §1243, 32 MRSA §4204, 32 MRSA §4252, 32 MRSA §4301, 32 MRSA §4312, 32 MRSA §4318, 32 MRSA §4325, 32 MRSA §4327

Legislative Document
No. 2063
H.P. 1465
House of Representatives, January 23, 2020
An Act To Provide Program Solvency, Clarity, Consistency and 
Flexibility in Routine Public Health Licensing Activities
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2175, as amended by PL 2013, c. 533, §§21 to 23, is repealed.
Sec. 2.  22 MRSA c. 562, headnote is amended to read:
CHAPTER 562
EATING ESTABLISHMENTS, LODGING PLACES, CAMPGROUNDS, 
RECREATIONAL OR SPORTING CAMPS, YOUTH CAMPS AND EATING 
ESTABLISHMENTS, PUBLIC POOLS AND PUBLIC SPAS
Sec. 3.  22 MRSA §2491, sub-§1, as amended by PL 2011, c. 193, Pt. A, §1, is 
further amended to read:
1.  Campground.  "Campground" means, in addition to the generally accepted 
definitions, camping areas, recreational vehicle parks, seashore resorts, lakeshore places, 
picnic and lunch grounds or other premises where tents, recreational vehicles, rental 
cabins and cottages are permitted on 5 or more sites for compensation either directly or 
indirectly, including indirect compensation. "Campground" includes, but is not limited to, 
sites intended for recreational purposes rather than permanent residency.  "Campground" 
does not include parking lots or areas where camping is not authorized.
Sec. 4.  22 MRSA §2491, sub-§7-F, as amended by PL 2013, c. 264, §4, is 
further amended to read:
7-F.  Lodging place.  "Lodging place" means a building or structure, or any part of a 
building or structure, used, maintained, or advertised or held out to the public as a place 
where sleeping accommodations are furnished to the public for business purposes and 
that offers stays that are temporary in nature and consist of 90 or fewer consecutive days.  
"Lodging place" includes accommodations in the entertainment, hospitality, recreation 
and tourism industries, including but is not limited to, hotels, motels, bed and breakfasts 
and, inns where the owner or managing entity maintains the lodging facilities and the 
structures are located in the same general physical location. "Lodging place" includes a 
property and properties under common management and at the same location where 4 or 
more rooms, cottages or condominium units are rented to the public available.  "Lodging 
place" does not include vacation rentals, youth camps, dormitories of charitable, 
educational or philanthropic institutions, fraternity or sorority houses affiliated with 
educational institutions, permanent residences, rooming houses, tenancies at will or rental 
properties with tenant and landlord relationships as described in Title 14, chapters 709 to 
710-D.
Sec. 5.  22 MRSA §2491, sub-§7-G is enacted to read:
7-G.  Indirect compensation.  "Indirect compensation" means a nonmonetary 
remuneration provided to a consumer or patron.
Sec. 6.  22 MRSA §2491, sub-§10-C is enacted to read:
10-C.  Permanent residence.  "Permanent residence" means the primary location 
where an individual lives for the majority of the year, with the intent to remain at that 
location.  "Permanent residence" is determined when an individual: 
A.  Occupies a room for more than 90 consecutive days;
B.  Lists that location's address for tax purposes;
C.  Receives mail with that location's address;
D.  Votes with that location's address;
E.  Holds a driver's license with that location's address;
F.  Has children enrolled in school who are staying at that location;
G.  Has furnished or decorated that location;
H.  Shows no evidence of living at a different location; or
I.  Shows any other evidence indicating that the individual is living at that location.
"Permanent residence" includes nursing homes as defined in section 1812-A, assisted 
living programs as defined in section 7852, subsection 4 and residential care facilities as 
defined in section 7852, subsection 14.
Sec. 7.  22 MRSA §2491, sub-§11, as repealed and replaced by PL 2011, c. 193, 
Pt. A, §9, is amended to read:
11.  Recreational camp or sporting camp.  "Recreational camp" or "sporting camp" 
means a building or group of buildings devoted primarily to the offering of primitive 
eating and lodging facilities to guests only and that rents out 4 or more rooms or cottages 
for a fee to persons who want primitive seeking recreation, including snowmobiling, 
hunting, fishing and similar camps, not including summer sports activities.  "Recreational 
camp" or "sporting camp" does not include programs overseen by employees or 
volunteers of municipalities and educational institutions when the activities generally take 
place at municipal or institutional properties and buildings.
Sec. 8.  22 MRSA §2491, sub-§16, as amended by PL 2011, c. 193, Pt. A, §13, is 
further amended to read:
16.  Youth camp.  "Youth camp" means a combination of program and facilities 
established for the primary purpose of providing an outdoor group living experience for 
children with social, recreational, spiritual and educational objectives and operated and 
used for 5 or more consecutive days during one or more seasons of the year.  "Youth 
camp" includes day camps, residential camps and trip and travel camps. "Youth camp" 
does not include summer sports programs overseen by employees or volunteers of 
municipalities and educational institutions when the activities generally take place at 
municipal or institutional properties and buildings.
Sec. 9.  22 MRSA §2492, sub-§1, as amended by PL 2017, c. 322, §4, is further 
amended to read:
1.  License required.  A person, corporation, firm or copartnership may not conduct, 
control, manage or operate the following establishments for compensation, directly or 
indirectly including indirect compensation, without a license issued by the department:
A.  An eating establishment;
C.  A lodging place;
D.  A recreational camp or sporting camp;
E.  A campground; 
F.  A youth camp;
G.  A public pool; or
H.  A public spa.
Licenses issued must be displayed in a place readily visible to customers or other persons 
using a licensed establishment.
Sec. 10.  22 MRSA §2492, sub-§3, as amended by PL 2011, c. 193, Pt. A, §15, is 
further amended to read:
3.  Campground; presumption.  If a campground consists of 5 or more tents or 
recreational vehicles on a commercial lot, regardless of fees charged, it is presumed that 
the owner or renter of the lot is receiving compensation for the use of a campground. The 
owner or renter may rebut the presumption if the owner or renter presents a 
preponderance of evidence to the contrary.
Sec. 11.  22 MRSA §2494, sub-§2, as amended by PL 2011, c. 193, Pt. B, §2, is 
further amended to read:
2.  Sixty One hundred dollars.  Sixty One hundred dollars for each inspection for 
any an establishment that is located in a municipality that requires local inspections of 
establishments to cover the costs of standardizing inspection practices; administrative 
licensing and maintaining a centralized database; ongoing training, investigation, 
compliance and technical assistance; and legal interpretation and advice; and
Sec. 12.  22 MRSA §2495, as amended by PL 2017, c. 322, §6, is further amended 
to read:
§2495.  Issuance of licenses
The department shall, within 30 days following receipt of a complete application, 
issue an annual license to operate any eating establishment, lodging place, recreational 
camp, youth camp, public pool, public spa or campground that is found to comply with 
this chapter and the rules adopted by the department.
When any initial an applicant is found, based upon an inspection by the department or 
by municipal inspection made according to section 2499, not in compliance with the 
requirements of this chapter or departmental regulations adopted and approved pursuant 
to section 2496 or 2499, subsection 1, the department may refuse issuance of the initial 
license, but and shall issue a conditional license, except when conditions are found that 
present a serious danger to the health and safety of the public. A conditional license may 
not exceed 90 days.  The department may issue only one conditional license, which is 
valid for up to one year, per applicant.  Failure by the conditional licensee to meet the 
conditions specified by the department permits the department to void the conditional 
license.
The conditional license shall be is void when the department has delivered in hand or 
by certified mail a written notice to the conditional licensee or, if the licensee cannot be 
reached for service in hand or by certified mail, has left notice thereof at the facility.
The conditional licensee may apply for an annual license if the conditional license is 
voided or expires. The conditional licensee must meet all conditions before applying for 
an annual license.
The department may redistribute expiration dates for new and renewed licenses to 
provide for comparable distribution of licenses on a quarterly basis throughout the year 
and shall prorate the fees for licenses with a term less or more than one year. The 
prescribed fee shall must accompany the application for a new license, or the renewal of a 
license.
Licenses shall must be renewed upon application therefor annually and upon payment 
of the prescribed fee, including late fees, additional inspection fees and fines if assessed, 
and subject to compliance with regulations of the department and with this chapter. The 
department shall provide licensees with notice of the need for renewal and necessary 
forms no less than 30 days prior to the expiration of the license.
The issuance of the license provided for in this chapter does not provide exemption 
from other state or local laws, ordinances or regulations, notwithstanding any other 
provision of law.
Licenses erroneously issued by the department are void and shall must be returned to 
the department on demand in a notice delivered by hand or by certified mail to the 
licensee. For cause, the department may revoke or suspend any license pursuant to 
section 2500.
Sec. 13.  22 MRSA §2496, sub-§3 is enacted to read:
3.  Confidential information.  Information that identifies, directly or indirectly, a 
reference, complainant or reporter of a suspected licensing violation is confidential 
information, as defined in section 1828.
Sec. 14.  22 MRSA §2498, sub-§1, ¶A, as amended by PL 2017, c. 322, §7, is 
further amended to read:
A.  The department may impose penalties for violations of this chapter, or the rules 
adopted pursuant to this chapter, on any eating establishment, lodging place, 
recreational camp, youth camp, public pool or public spa or campground.  The 
penalties may not be greater than $100 for each violation, except that the penalty for 
a 2nd or subsequent adjudication of a violation of this chapter or the rules adopted 
pursuant to this chapter may not be less than $200 nor more than $500.  Each day that 
the violation remains uncorrected may be counted as a separate offense.  Penalties 
may be imposed for each violation of the rules.
Sec. 15.  22 MRSA §2499, sub-§6, as amended by PL 2011, c. 193, Pt. A, §17, is 
further amended to read:
6.  License fee.  When a license is issued to an establishment, as described in section 
2492, subsection 1, located in a municipality to which authority to conduct inspection has 
been delegated by the department as specified in this section, the requirement for 
payment of a license fee by the establishment to the department as set forth in section 
2494 must be waived.  However, the licensee is required to pay the department a sum not 
to exceed $100 to support the costs of mailing and handling cover the costs of 
standardizing inspection practices; administrative licensing and maintaining a centralized 
database; ongoing training, investigation, compliance and technical assistance; and legal 
interpretation and advice.
Sec. 16.  32 MRSA §1222, sub-§1, as amended by PL 2013, c. 264, §8, is further 
amended to read:
1.  License required.  A person may not practice electrology in this State unless that 
person is licensed by the department under this chapter.  A license issued under this 
chapter is valid for one year from the date of issuance.
The department shall renew a license annually upon payment of the prescribed fee, 
including late fees, additional inspection fees and fines if assessed, and the licensee is 
subject to compliance with regulations of the department and this chapter.  The 
department shall provide a licensee with notice of the need for renewal and necessary 
forms no later than 30 days prior to the expiration of the license.
Sec. 17.  32 MRSA §1222, sub-§1-A is enacted to read:
1-A.  Conditional license.  When an applicant for a license or a licensee applying for 
license renewal under this chapter is found, based upon an inspection by the department, 
not in compliance with the requirements of this chapter or rules adopted under section 
1242, subsection 1, the department may refuse to issue or renew the license and shall 
issue a conditional license, except when conditions are found that present a serious 
danger to the health and safety of the public.  Failure by the conditional licensee to meet 
the conditions specified by the department permits the department to void the conditional 
license.
An applicant who is issued a conditional license may reapply for a license if the 
conditional license is voided or expires; however, the department may not issue another 
conditional license.  In order for an applicant to be issued an annual license, all conditions 
specified by the department must be met.
Sec. 18.  32 MRSA §1233, as amended by PL 2013, c. 264, §§11 and 12, is 
repealed and the following enacted in its place:
§1233.  Revocation; suspension; refusal to issue; probation
The department may revoke, suspend or refuse to issue a license or to renew a license 
or place a person on probation if:
4.  Conviction of crime.  The person has been convicted of a crime related to the 
practice of electrology;
5.  Deception or misrepresentation.  The person has engaged in any deception or 
misrepresentation to the department or the public in applying for a license under this 
chapter or in the advertising or practice of electrology;
6.  Negligence, incompetence or danger.  The person has demonstrated negligence, 
incompetence or danger to the public in the practice of electrology; or
7.  Rules violation.  The person has violated any of the rules adopted by the 
department under this chapter.
Sec. 19.  32 MRSA §1243, as amended by PL 2009, c. 589, §10, is further 
amended to read:
§1243.  Inspections; right of entry and determination of compliance
Upon any person's request and payment of a fee not to exceed $150,  the department 
shall inspect that person's training, place of practice and equipment for compliance with 
the rules adopted by the department under this chapter. All fees collected by the 
department must be deposited in a special revenue account dedicated to a health 
inspection program.
The department and any duly designated officer or employee of the department have 
the right, without an administrative inspection warrant, to enter upon and into the 
premises of any establishment licensed, or a place where a licensed electrologist 
practices, pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules in force pursuant to this chapter.  Such right of 
entry and inspection extends to any premises that the department has reason to believe is 
being operated or maintained without a license or a place where an electrologist practices 
without a license, but no such entry and inspection of any premises may be made without 
the permission of the owner or person in charge unless a search warrant is obtained 
authorizing entry and inspection.  Determination of compliance with this chapter and any 
rules adopted pursuant to this chapter must be made at least once every 2 years by 
inspection or other method as determined by the department.
Sec. 20.  32 MRSA §4204, sub-§3 is enacted to read:
3.  Revocation; suspension; refusal to issue; probation.  The department may 
revoke, suspend or refuse to issue a license or to renew a license or place a person on 
probation if:
A.  The person has been convicted of a crime related to the practice of tattooing;
B.  The person has engaged in any deception or misrepresentation to the department 
or the public in applying for a license under this chapter or in the advertising or 
practice of tattooing;
C.  The person has demonstrated negligence, incompetence or danger to the public in 
the practice of tattooing; or
D.  The person has violated any of the rules adopted by the department under this 
chapter.
Sec. 21.  32 MRSA §4204, sub-§4 is enacted to read:
4.  Right of entry, inspection and determination of compliance.  The department 
and any duly designated officer or employee of the department have the right, without an 
administrative inspection warrant, to enter upon and into the premises of any 
establishment licensed, or a place where a person licensed to perform tattooing practices, 
pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules in force pursuant to this chapter.  Such right of 
entry and inspection extends to any premises that the department has reason to believe is 
being operated or maintained without a license or a place where a person practices 
tattooing without a license, but no such entry and inspection of any premises may be 
made without the permission of the owner or person in charge unless a search warrant is 
obtained authorizing entry and inspection.  Determination of compliance with this chapter 
and any rules adopted pursuant to this chapter must be made at least once every 2 years 
by inspection or other method as determined by the department.
Sec. 22.  32 MRSA §4252, sub-§1 is enacted to read:
1.  Renewal.  The department shall renew a license annually upon payment of the 
prescribed fee, including late fees, additional inspection fees and fines if assessed, and the 
licensee is subject to compliance with regulations of the department and this chapter.  The 
department shall provide a licensee with notice of the need for renewal and necessary 
forms no later than 30 days prior to the expiration of the license.
Sec. 23.  32 MRSA §4301, sub-§2 is enacted to read:
2.  Conditional license.  When an applicant for a license or a licensee applying for 
license renewal under this chapter is found, based upon an inspection by the department, 
not in compliance with the requirements of this chapter and rules adopted under section 
4251, the department may refuse to issue or to renew the license and shall issue a 
conditional license, except when conditions are found that present a serious danger to the 
health and safety of the public.  Failure by the conditional licensee to meet the conditions 
specified by the department permits the department to void the conditional license.
An applicant who is issued a conditional license may reapply for a license if the 
conditional license is voided or expires; however, the department may not issue another 
conditional license.  In order for an applicant to be issued an annual license, all conditions 
specified by the department must be met.
Sec. 24.  32 MRSA §4312, sub-§2, as enacted by PL 1997, c. 383, §1, is amended 
to read:
2.  Term of license.  A license issued under this chapter expires on September 30th 
and is renewable biennially.  The department shall renew a license biennially upon 
payment of the prescribed fee, including late fees, additional inspection fees and fines if 
assessed, and the licensee is subject to compliance with regulations of the department and 
this chapter.  The department shall provide a licensee with notice of the need for renewal 
and necessary forms no later than 30 days prior to the expiration of the license.
Sec. 25.  32 MRSA §4312, sub-§4 is enacted to read:
4.  Conditional license.  When an applicant for a license or a licensee applying for 
license renewal under this chapter is found, based upon an inspection by the department, 
not in compliance with the requirements of this chapter or rules adopted under section 
4313, the department may refuse to issue or to renew the license and shall issue a 
conditional license, except when conditions are found that present a serious danger to the 
health and safety of the public.  Failure by the conditional licensee to meet the conditions 
specified by the department permits the department to void the conditional license.
An applicant who is issued a conditional license may reapply for a license if the 
conditional license is voided or expires; however, the department may not issue another 
conditional license.  In order for an applicant to be issued a biennial license, all 
conditions specified by the department must be met.
Sec. 26.  32 MRSA §4318, sub-§3 is enacted to read:
3.  Right of entry, inspection and determination of compliance.  The department 
and any duly designated officer or employee of the department have the right, without an 
administrative inspection warrant, to enter upon and into the premises of any 
establishment licensed, or a place where a licensed micropigmentation practitioner 
practices, pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules in force pursuant to this chapter.  Such right of 
entry and inspection extends to any premises that the department has reason to believe is 
being operated or maintained without a license or a place where a micropigmentation 
practitioner practices without a license, but no such entry and inspection of any premises 
may be made without the permission of the owner or person in charge unless a search 
warrant is obtained authorizing entry and inspection.  Determination of compliance with 
this chapter and any rules adopted pursuant to this chapter must be made at least once 
every 2 years by inspection or other method as determined by the department.
Sec. 27.  32 MRSA §4325, sub-§1 is enacted to read:
1.  Renewal.  The department shall renew a license annually upon payment of the 
prescribed fee, including late fees, additional inspection fees and fines if assessed, and the 
licensee is subject to compliance with regulations of the department and this chapter.  The 
department shall provide a licensee with notice of the need for renewal and necessary 
forms no later than 30 days prior to the expiration of the license. 
Sec. 28.  32 MRSA §4325, sub-§2 is enacted to read:
2.  Conditional license.  When an applicant for a license or a licensee applying for 
license renewal under this chapter is found, based upon an inspection by the department, 
not in compliance with the requirements of this chapter or rules adopted under section 
4326, the department may refuse to issue or to renew the license and shall issue a 
conditional license, except when conditions are found that present a serious danger to the 
health and safety of the public.  Failure by the conditional licensee to meet the conditions 
specified by the department permits the department to void the conditional license.
An applicant who is issued a conditional license may reapply for a license if the 
conditional license is voided or expires; however, the department may not issue another 
conditional license.  In order for an applicant to be issued an annual license, all conditions 
specified by the department must be met.
Sec. 29.  32 MRSA §4327, sub-§3 is enacted to read:
3.  Revocation; suspension; refusal to issue; probation.  The department may 
revoke, suspend or refuse to issue a license or to renew the license or place a person on 
probation if: 
A.  The person has been convicted of a crime related to the practice of body piercing;
B.  The person has engaged in any deception or misrepresentation to the department 
or the public in applying for a license under this chapter or in the advertising or 
practice of body piercing;
C.  The person has demonstrated negligence, incompetence or danger to the public in 
the practice of body piercing; or
D.  The person has violated any of the rules adopted by the department under this 
chapter.
Sec. 30.  32 MRSA §4327, sub-§4 is enacted to read:
4.  Right of entry, inspection and determination of compliance.  The department 
and any duly designated officer or employee of the department have the right, without an 
administrative inspection warrant, to enter upon and into the premises of any 
establishment licensed, or a place where a licensed body piercer practices, pursuant to 
this chapter at any reasonable time in order to determine the state of compliance with this 
chapter and any rules in force pursuant to this chapter.  Such right of entry and inspection 
extends to any premises that the department has reason to believe is being operated or 
maintained without a license or a place where a body piercer practices without a license, 
but no such entry and inspection of any premises may be made without the permission of 
the owner or person in charge unless a search warrant is obtained authorizing entry and 
inspection.  Determination of compliance with this chapter and any rules adopted 
pursuant to this chapter must be made at least once every 2 years by inspection or other 
method as determined by the department.
SUMMARY
This bill does the following.
1.  It corrects a conflict regarding fees related to municipal inspections in the laws 
governing eating establishments, lodging places, campgrounds, recreational and sporting 
camps, youth camps, public pools and public spas and adds provisions regarding 
applications and conditional licensing.  It adds a fine for 2nd and subsequent violations 
and a provision stating that information identifying a reference, complainant or reporter 
of a suspected licensing violation is confidential.  The bill also adds clarifying definitions 
and changes the chapter headnote to better reflect the content of that chapter.
2.  It repeals the laws governing the defunct Maine Wild Mushroom Harvesting 
Certification Program.
3.  It amends the laws governing body artists, including electrologists, tattoo artists, 
micropigmentation practitioners and body piercers, to include late fees, inspection fees 
and fines in the payment of all license fees; to allow the issuance of conditional licenses; 
to add grounds for license refusal, suspension or revocation; and to add right of entry and 
inspection frequency language that is consistent with other professional licenses.