An Act To Clarify the Authority of the Department of Health and Human Services during a Public Health Emergency
Maine Legislature, Session 130, LD 1344
Committee: Health and Human Services
Sponsors: MEYER
Amends: 5 MRSA §10004, 22 MRSA §802, 22 MRSA §804

Legislative Document
No. 1344
H.P. 995
House of Representatives, March 30, 2021
An Act To Clarify the Authority of the Department of Health and 
Human Services during a Public Health Emergency
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
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.  5 MRSA §10004, sub-§3, as enacted by PL 1977, c. 694, §38, is amended 
to read:
3.  Health or safety hazard.  The health or physical safety of a person or the continued 
well-being of a significant natural resource is in immediate jeopardy at the time of the 
agency's action, and acting in accordance with subchapter IV 4 or VI 6 would fail to 
adequately respond to a known risk, provided that as long as the revocation, suspension or 
refusal to renew shall does not continue for more than 30 days, except as provided in Title 
22, section 804 and subject to review under Title 22, section 804, subsection 3;
Sec. 2.  22 MRSA §802, sub-§1, ¶C, as amended by PL 2005, c. 383, §6, is further 
amended to read:
C.  Investigate cases, epidemics and occurrences of communicable, environmental and 
occupational diseases; and
Sec. 3.  22 MRSA §802, sub-§1, ¶D, as amended by PL 2005, c. 383, §6, is further 
amended to read:
D.  Establish procedures for the control, detection, prevention and treatment of 
communicable, environmental and occupational diseases, including public 
immunization and, contact notification programs. and closure of a business or entity 
when that business or entity directly and repeatedly violates public health control 
measures during an extreme public health emergency under section 820; and
Sec. 4.  22 MRSA §802, sub-§1, ¶E is enacted to read:
E.  Impose administrative fines in accordance with section 804 and Title 5, chapter 375. 
Sec. 5.  22 MRSA §802, sub-§2, ¶B, as enacted by PL 1989, c. 487, §11, is 
amended to read:
B.  Procedures for the disinfection, seizure or destruction of contaminated property; 
and
Sec. 6.  22 MRSA §802, sub-§2, ¶C, as amended by PL 2005, c. 383, §7, is further 
amended to read:
C.  The establishment of temporary facilities for the care and treatment of infected or 
exposed persons, which are subject to the supervision and regulations of the department 
and to the limitations set forth in section 807.; and
Sec. 7.  22 MRSA §802, sub-§2, ¶D is enacted to read:
D.  Procedures for the imposition of sanctions, including license suspensions and 
administrative fines, to enforce orders issued to reduce potential exposure and risk to 
public health.  Notwithstanding Title 5, section 10004, subsection 3, the department 
may directly and temporarily suspend a department-issued license for more than 30 
days when further operation of the licensee's business would result in a serious and 
imminent risk to public health or safety.
Sec. 8.  22 MRSA §804, sub-§2, as enacted by PL 1989, c. 487, §11, is amended to 
read:
2.  Refusal to obey rules.  Any person who neglects, violates or refuses to obey the 
rules or who willfully obstructs or hinders the execution of the rules, may be ordered by 
the department, in writing, to cease and desist.  This order shall may not be considered an 
adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act, 
Title 5, chapter 375.  In the case of any person who refuses to obey a cease and desist order 
issued to enforce the rules adopted pursuant to section 802, the department may impose a 
fine, which may not be less than $250 or greater than $1,000 for each violation.  Each day 
that the violation remains uncorrected may be counted as a separate offense.  A fine may 
be imposed for each violation of the rules.  If the imposition of a fine under this subsection 
does not result in compliance, the department may bring an action in District Court to obtain 
an injunction enforcing the cease and desist order or to request a civil fine not to exceed 
$500 $1,500, or both.  Alternatively, the department may seek relief pursuant to section 
or 812.  The District Court shall have has jurisdiction to determine the validity of the 
cease and desist order whenever an action for injunctive relief or civil penalty is brought 
before it under this subsection.
Sec. 9.  22 MRSA §804, sub-§3 is enacted to read:
3.  License suspension.  A licensing agency under the department may immediately 
suspend a license pursuant to Title 5, section 10004, subsection 3 for a violation under this 
section.  A suspension under this subsection remains in effect until:
A.  The licensing agency determines that the licensee's conduct no longer poses an 
imminent risk to public health or safety; or
B.  The District Court, after conducting a hearing at the licensee's request, finds that 
the licensee's conduct does not pose an imminent risk to public health or safety.  The 
suspension remains in effect pending the District Court's review under this paragraph. 
SUMMARY
This bill allows the Department of Health and Human Services to impose 
administrative fines and license suspensions for violations of department rules regarding 
disease control and public health emergencies.  The department is also authorized to close 
a business or entity when that business or entity directly and repeatedly violates public 
health control measures during an extreme public health emergency.