An Act To Clarify Maine's Statutes Related to the Licensing of Child Care Providers
Maine Legislature, Session 130, LD 0098
Committee: Health and Human Services
Sponsors: MEYER
Amends: 22 MRSA §1319-C, 22 MRSA §2662, 22 MRSA §7702-A, 22 MRSA §7702-B, 22 MRSA §7707, 22 MRSA §7801, 22 MRSA §7802, 22 MRSA §8301-A, 22 MRSA §8302-A, 22 MRSA §8302-B, 22 MRSA §8303-A, 22 MRSA §8304-A, 22 MRSA §8353, 22 MRSA §8356, 24-A MRSA §3060

Legislative Document
No. 98
H.P. 64
House of Representatives, January 13, 2021
An Act To Clarify Maine's Statutes Related to the Licensing of 
Child Care Providers
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1319-C, sub-§3, as amended by PL 2005, c. 530, §3, is further 
amended to read:
3.  Approval dependent on compliance.  As of July 1, 1998, a family child care 
provider, child care facility or nursery school may not be licensed, registered, certified or 
otherwise approved or receive any state funds unless it is in compliance with this section.
Sec. 2.  22 MRSA §2662, sub-§5, as amended by PL 2007, c. 631, §4, is further 
amended to read:
5.  Residential swimming pool.  "Residential swimming pool" means any constructed 
pool that is used for swimming in connection with a single or multifamily residence, used 
by tenants of apartment buildings, owners of condominiums and members of property 
owners associations and available only to these residents and their private guests.  A pool 
on the premises of a family child care provider who is certified licensed or required to be 
certified licensed under section 8301-A is a residential swimming pool.
Sec. 3.  22 MRSA §7702-A, sub-§2, as repealed and replaced by PL 2003, c. 452, 
Pt. K, §27 and affected by Pt. X, §2, is amended to read:
2.  Civil penalties.  The following penalties apply to the following violations:.
A.  A person who violates section 7703 or 8603 or rules adopted pursuant to those 
sections commits a civil violation for which a fine of not more than $500 may be 
adjudged.
B.  A person who violates rules governing child-to-staff ratios adopted under section 
8302‑A, subsection 1, paragraph A or subsection 2, paragraph G commits a civil 
violation for which a fine of not more than $500 per incident or $500 per number of 
children above the limitation set by rule, or both, may be adjudged.
C.  A person who violates the following sections or rules adopted pursuant to those 
sections commits a civil violation for which a fine of not more than $500 per incident 
may be adjudged:
(1)  Section 7801, subsection 1, paragraph A;
(2)  Section 8301-A; or
(3)  Section 8302-A, subsection 1, paragraphs B to J and subsection 2, paragraphs 
A to F and H to K.
A civil violation under this subsection must be enforced pursuant to Title 17-A, section 
4-B.
Sec. 4.  22 MRSA §7702-A, sub-§3, as amended by PL 2015, c. 497, §1, is 
repealed.
Sec. 5.  22 MRSA §7702-B, as enacted by PL 2007, c. 324, §5, is amended by 
amending the section headnote to read:
§7702-B.  Operating without a license or certificate; violations; penalties
Sec. 6.  22 MRSA §7702-B, sub-§1, as enacted by PL 2007, c. 324, §5, is amended 
to read:
1.  License or certificate required.  A person, firm, partnership, association, 
corporation or other entity may not, without first obtaining a license:
A.  Manage or operate a long-term care facility as defined in chapter 1666‑B;
B.  Operate a child care facility as defined in section 8301‑A, subsection 1‑A, paragraph 
B; or
C.  Operate as a family child care provider as defined in section 8301‑A, subsection 
1‑A, paragraph C.
Sec. 7.  22 MRSA §7702-B, sub-§7, as enacted by PL 2007, c. 324, §5, is amended 
to read:
7.  Right of entry.  To inspect the premises of a long-term care facility, child care 
facility or family child care provider that the department knows or believes is being 
operated without a license or certificate, the department may enter only with the permission 
of the owner or person in charge or with an administrative inspection warrant issued 
pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court, authorizing 
entry and inspection.
Sec. 8.  22 MRSA §7702-B, sub-§8, as enacted by PL 2007, c. 324, §5, is amended 
to read:
8.  Administrative inspection warrant.  The department and a duly designated officer 
or employee of the department have the right to enter upon and into the premises of an 
unlicensed long-term care facility or, child care facility or an uncertified family child care 
provider with an administrative inspection warrant issued pursuant to the Maine Rules of 
Civil Procedure, Rule 80E by the District Court at a reasonable time and, upon demand, 
have the right to inspect and copy any books, accounts, papers, records and other 
documents in order to determine the state of compliance with subsection 1.  Pursuant to the 
Maine Rules of Civil Procedure, Rule 80E the department's right of entry and inspection 
may extend to any premises and documents of a person, firm, partnership, association, 
corporation or other entity that the department has reason to believe is operating without a 
license or a certificate.
Sec. 9.  22 MRSA §7702-B, sub-§9, as enacted by PL 2007, c. 324, §5, is amended 
to read:
9.  Noninterference.  An owner or person in charge of an unlicensed long-term care 
facility or, child care facility or an uncertified family child care provider may not interfere 
with or prohibit the interviewing by the department of residents or consumers of services.
Sec. 10.  22 MRSA §7707, sub-§1, as enacted by PL 2015, c. 278, §2, is amended 
to read:
1.  Reporting requirements.  A child care facility licensed pursuant to section 8301-A, 
subsection 2; a family child care provider certified licensed pursuant to section 8301-A, 
subsection 3; and a nursery school licensed pursuant to section 8402 shall report reportable 
incidents in accordance with this section.
Sec. 11.  22 MRSA §7801, sub-§1, ¶E, as amended by PL 2001, c. 645, §3, is 
further amended to read:
E.  A child care facility licensed under section 8301‑A, subsection 2; or
Sec. 12.  22 MRSA §7801, sub-§1, ¶G, as enacted by PL 1987, c. 389, §4, is 
amended to read:
G.  An adult day care program.; or
Sec. 13.  22 MRSA §7801, sub-§1, ¶H is enacted to read:
H.  A family child care provider licensed under section 8301-A, subsection 3.
Sec. 14.  22 MRSA §7802, sub-§2, ¶B, as amended by PL 2015, c. 267, Pt. RR, 
§1, is further amended by amending subparagraph (6) to read:
(6)  The term of a home day family child care certificate provider license issued 
under section 8301-A, subsection 3 is for 2 years.
Sec. 15.  22 MRSA §7802, sub-§6, as enacted by PL 2007, c. 324, §9, is amended 
to read:
6.  Time limit on reapplication after denial or revocation.  The following time limit 
applies to a reapplication after denial or revocation.
A.  When a license or certificate for a child care facility or a family child care provider 
has been denied or revoked on one occasion, the applicant or licensee may not reapply 
for a license or certificate for a child care facility or a family child care provider for a 
period of one year from the effective date of the denial or revocation decision if not 
appealed, or, if appealed, from the effective date of the commissioner's final decision 
or the reviewing court's order, whichever is later.
B.  If a license or certificate for a child care facility or a family child care provider has 
been denied or revoked on 2 occasions, the applicant or licensee may not reapply for a 
license or certificate for a child care facility or a family child care provider for a period 
of 2 years from the effective date of the second denial or revocation decision if the 
decision is not appealed or, if appealed, from the effective date of the commissioner's 
final decision or the reviewing court's order, whichever is later.
C.  If a license or certificate for a child care facility or a family child care provider has 
been denied or revoked on 3 occasions, the applicant or licensee may not receive 
another license or certificate for the care of children.
Sec. 16.  22 MRSA §8301-A, as amended by PL 2009, c. 211, Pt. B, §§20 and 21, 
is further amended by amending the section headnote to read:
§8301-A.  Licensure of child care facilities; certification of and family child care 
providers
Sec. 17.  22 MRSA §8301-A, sub-§1-A, ¶C, as amended by PL 2005, c. 530, §7, 
is further amended to read:
C.  "Family child care provider" means a person who provides day care in that person's 
home on a regular basis, for consideration, for 3 to 12 children under 13 years of age 
who are not the children of the provider or who are not residing in the provider's home.  
If a provider is caring for children living in that provider's home and is caring for no 
more than 2 other children, the provider is not required to be certified licensed as a 
family child care provider.
Sec. 18.  22 MRSA §8301-A, sub-§3, as amended by PL 2005, c. 640, §3, is further 
amended to read:
3.  Family child care provider certification licensure.  A family child care provider 
shall pay the certification licensing fee required under section 8303-A.  A family child care 
provider must be certified licensed under this chapter and shall comply with the rules 
adopted by the commissioner under section 8302-A and the fire safety requirements of 
section 8304-A.  The department shall make at least one unannounced inspection of a 
family child care provider certified licensed under this chapter during the term of the 
certificate license.  The inspection must take place between 6 and 18 months after the 
issuance of the certificate license.
Sec. 19.  22 MRSA §8301-A, sub-§4, as amended by PL 2005, c. 530, §7, is further 
amended to read:
4.  Complaints.  Upon receipt of a complaint about a licensed child care facility or a 
certified family child care provider and if the department has reasonable cause to suspect 
that a violation of the licensure or certification requirements has occurred, the department 
may investigate the complaint and enter the premises at any reasonable time for the 
purposes of the investigation.
Sec. 20.  22 MRSA §8301-A, sub-§5, as amended by PL 2005, c. 530, §7, is further 
amended to read:
5.  Administrative suspension.  Whenever conditions exist that immediately 
jeopardize the health and safety of children, the commissioner may issue an order of 
closure, which suspends the certification license of the family child care provider or the 
child care facility license for up to 10 days, pending further investigation or prior to 
obtaining an order of emergency suspension from the court.  The department shall require 
that an order of closure be posted at the facility and made public as it determines to be most 
appropriate for parents and other potential customers.
Sec. 21.  22 MRSA §8301-A, sub-§6, as amended by PL 2005, c. 530, §7, is further 
amended to read:
6.  Temporary license.  Whenever a certified family child care provider or licensed 
child care facility or family child care provider moves to a new location the department 
may issue a temporary certificate or license, valid pending final action on the application 
for the new location by the department, when:
A.  All applicable standards have been met except a requirement that is dependent on 
the action of an agency of State Government or a contractor of that agency; and
B.  Through no action by the applicant that causes a significant delay, timely issuance 
of a provisional or full license has been delayed by the agency or contractor.
Sec. 22.  22 MRSA §8302-A, sub-§2, ¶D-1 is enacted to read:
D-1.  The quality of the program of child care that is provided;
Sec. 23.  22 MRSA §8302-A, sub-§2, ¶D-2 is enacted to read:
D-2.  The administration of medication;
Sec. 24.  22 MRSA §8302-A, sub-§2, ¶I, as amended by PL 2017, c. 457, §3, is 
further amended to read:
I.  Procedures for waivers of rules and for suspension and revocation of certification 
licensure; and
Sec. 25.  22 MRSA §8302-B, first ¶, as amended by PL 2005, c. 530, §9, is further 
amended to read:
A person who provides day care in that person's home for one or 2 children whose care 
is paid for by state or federal funds is not required to be certified licensed as a family child 
care provider pursuant to section 8301-A but is subject to the provisions of this section.
Sec. 26.  22 MRSA §8303-A, sub-§1, as enacted by PL 2009, c. 590, §6, is amended 
to read:
1.  Child care facilities and certified family child care providers.  The department 
shall adopt rules to establish reasonable fees for both initial licensure or certification and 
license or certification renewals for child care facilities and certified family child care 
providers.  Rules adopted pursuant to this subsection are major substantive rules pursuant 
to Title 5, chapter 375, subchapter 2-A.
Sec. 27.  22 MRSA §8304-A, sub-§1, as amended by PL 2005, c. 530, §11, is 
further amended to read:
1.  Inspection required.  As an ongoing condition of licensure or certification, the 
Commissioner of Public Safety must provide at least biennially to the department a written 
statement that the child care facility or certified family child care provider complies with 
applicable fire safety rules adopted pursuant to Title 25, section 2452.  The Commissioner 
of Public Safety shall adopt rules in accordance with the Maine Administrative Procedure 
Act to implement this subsection.  The rules must provide for at least the following.
A.  The Commissioner of Public Safety shall issue a fire safety technician certificate 
to any person who successfully completes a training course established by the 
Department of Public Safety.  A person who receives a fire safety technician certificate 
pursuant to this paragraph may perform fire safety inspections under this section.
B.  In addition to ongoing license or certification requirements, inspection and 
certification are is required under this section whenever a child care facility or certified 
family child care provider changes or augments a heating system or makes major 
structural alterations to the facility or home.
Sec. 28.  22 MRSA §8353, sub-§3, as enacted by PL 2015, c. 283, §3, is amended 
to read:
3.  Addition of relevant professionals.  The investigation team shall include, as 
appropriate, relevant professionals to participate as members of the investigation team for 
investigations of residential treatment centers, group homes, certified family child care 
providers or child care facilities.
Sec. 29.  22 MRSA §8356, sub-§1, ¶B, as enacted by PL 2015, c. 283, §3, is 
amended to read:
B.  A family child care provider certified licensed pursuant to section 8301-A, 
subsection 3;
Sec. 30.  22 MRSA §8356, sub-§2, as enacted by PL 2015, c. 283, §3, is amended 
to read:
2.  Unlicensed person or facilities.  The investigation team may investigate a person 
or facility described in subsection 1 if the person or facility is not licensed or certified.
Sec. 31.  24-A MRSA §3060, sub-§1, as enacted by PL 2009, c. 185, §1, is amended 
to read:
1.  Evidence of business liability insurance.  An insurer may not refuse to issue or 
renew a policy covering the primary residence of a family child care provider certified 
licensed under Title 22, section 8301‑A, subsection 3 or cancel such policy within the first 
days of coverage unless the denial of coverage or cancellation is based solely on 
underwriting factors other than the presence of a family child care business on the premises 
if the family child care provider has demonstrated satisfactory evidence that the child care 
business is covered by separate insurance coverage for business liability, including medical 
payments coverage equivalent to coverage in the policy.  For purposes of cancellation or 
nonrenewal under section 3049 or 3051, an insurer may not treat the presence of the family 
child care business activity as a factor related to the insurability of the primary residence 
of a family child care provider certified licensed under Title 22, section 8301‑A, subsection 
if the family child care provider has demonstrated satisfactory evidence that the child 
care business is covered by separate insurance coverage for business liability in accordance 
with this subsection.
Sec. 32.  24-A MRSA §3060, sub-§2, as enacted by PL 2009, c. 185, §1, is amended 
to read:
2.  No liability under property insurance policy.  An insurer has no duty to defend 
or indemnify a family child care provider certified licensed under Title 22, section 8301‑A, 
subsection 3 under a policy covering the primary residence of a family child care provider 
issued by the insurer if:
A.  The loss or damage for which the family child care provider is liable or alleged to 
be liable arises in whole or in part from the family child care business activity;
B.  The policy issued by the insurer expressly excludes that loss or damage arising from 
the family child care business activity;
C.  The family child care provider has demonstrated satisfactory evidence of separate 
insurance coverage for child care business liability in accordance with subsection 1; 
and
D.  The insurer issuing the policy covering the primary residence has disclosed to the 
family child care provider that failure to maintain separate insurance coverage for child 
care business liability might result in cancellation or nonrenewal of the policy covering 
the primary residence and that the child care business activity is excluded under the 
policy.
SUMMARY
This bill makes various changes to the laws governing the licensure of child care 
providers in order to ensure consistency between provider types.  Specifically, the bill:
1.  Provides clarity on the department's ability to levy civil penalties against those who 
violate statutes or licensing rules governing child care facilities;
2.  Allows the department to regulate the quality of the program of child care that is 
provided by providers classified as family child care providers;
3.  Allows the department to regulate the administration of medication by providers 
classified as family child care providers; and
4.  Replaces all references to the certification of family child care providers with 
references to licensure.