An Act To Provide Program Solvency, Clarity, Consistency and Flexibility in Routine Public Health Licensing Activities
Maine Legislature, Session 130, LD 1069
Committee: Health and Human Services
Sponsors: CLAXTON
Amends: 22 MRSA §2175, 22 MRSA §2491, 22 MRSA §2492, 22 MRSA §2494, 22 MRSA §2495, 22 MRSA §2498, 22 MRSA §2499, 22 MRSA §2503, 32 MRSA §1222, 32 MRSA §1231-A, 32 MRSA §1233, 32 MRSA §1233-A, 32 MRSA §1243, 32 MRSA §4201, 32 MRSA §4204, 32 MRSA §4205, 32 MRSA §4252, 32 MRSA §4301, 32 MRSA §4311, 32 MRSA §4312, 32 MRSA §4314, 32 MRSA §4316, 32 MRSA §4319, 32 MRSA §4324, 32 MRSA §4327, 32 MRSA §4330

Legislative Document
No. 1069
S.P. 337
In Senate, March 11, 2021
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 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
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Sec. 1.  22 MRSA §2175, as amended by PL 2013, c. 533, §21 to 23, is repealed.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 AND 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 
or 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 fixed 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 that 
offers stays that are temporary in nature and consist of fewer than 183 days in the aggregate 
per year.  "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 at the same location where 
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 under Title 14, chapters 709 
to 710-D, nursing facilities as defined in section 1812-A, assisted living programs as 
defined in section 7852, subsection 4 or residential care facilities as defined in section 7852, 
subsection 14.
Sec. 5.  22 MRSA §2491, sub-§7-G is enacted to read:
7-G.  Indirect compensation.  "Indirect compensation" means nonmonetary 
consideration 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 a person lives 183 days or more in a year in the aggregate, as determined in 
accordance with department rule.
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, with 4 or more rooms or cottages for rent, for a fee to 
persons who want primitive seeking recreation, including snowmobiling, hunting, fishing 
and similar camps activities, not including 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. 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, 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, first ¶, as amended by PL 2017, c. 322, §5, is further 
amended to read:
Each application for, or for renewal of, a license to operate an eating establishment, 
lodging place, recreational camp, youth camp, public pool, public spa or campground 
within the meaning of this chapter must be accompanied by a fee, appropriate to the size 
of the establishment, place, camp, pool, spa or area of the licensee, determined by the 
department and not to exceed the fees listed below.  All fees collected by the department 
must be deposited into a special revenue account established for this purpose.  No such fee 
may be refunded.  No license may be assignable or transferable.  The fees may not exceed:
Sec. 12.  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. 13.  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 or, campground, public pool or public spa that is found to comply with this 
chapter and the rules adopted by the department.
When any initial 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 rules 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 per 
applicant, which is valid for up to one year.  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.
A conditional licensee may apply for an annual license if the conditional license is 
voided or expires.  A 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 rules 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 rules, 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. 14.  22 MRSA §2498, sub-§1, ¶C, as amended by PL 2017, c. 322, §7, is 
further amended to read:
C.  Any The department may impose penalties up to $5,000 on any person, corporation, 
firm or copartnership that operates any eating establishment, lodging place, 
recreational camp, youth camp, public pool or public spa or campground without first 
obtaining a license as required by this chapter must be punished, upon adjudication of 
unlicensed operation, by a fine of not less than $25 nor more than $200, and upon a 
2nd or subsequent adjudication of unlicensed operation must be punished by a fine of 
not less than $200 nor more than $500 an active, valid license, as determined by the 
department.  Each day any such person, corporation, firm or copartnership operates 
without obtaining a an active, valid license constitutes a separate offense.
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.  22 MRSA §2503 is enacted to read:
§2503.  Articles detained, embargoed and condemned
Whenever a duly designated officer or employee of the department finds or has reason 
to believe that an establishment licensed under this chapter prepares or sells any food that 
is adulterated pursuant to section 2156 or misbranded pursuant to section 2157, an order 
detaining or embargoing that food may be issued to any person or persons with possession 
or control thereof and the officer or employee may affix or require the person to whom the 
order is directed to affix to such article a tag or other appropriate marking giving notice 
that such article is or is suspected of being adulterated or misbranded and has been detained 
or embargoed and warning all persons not to remove or dispose of such article by sale or 
otherwise until permission for removal or disposal is given by such officer or employee or 
the court.  It is unlawful for any person to remove or dispose of such detained or embargoed 
article by sale or otherwise without such permission.  Orders relating to detention and 
embargo issued pursuant to this chapter may not be considered licensing or an adjudicatory 
proceeding, as those terms are defined under Title 5, chapter 375.
When any such officer or employee finds an article detained or embargoed under this 
section to be adulterated or misbranded, the officer or employee may petition the District 
Court or Superior Court in whose jurisdiction the article is detained or embargoed for a 
libel for condemnation of such article if the licensee is unwilling to dispose of the article.  
When such officer or employee has found that an article so detained or embargoed is not 
adulterated or misbranded, the officer or employee shall remove the tag or other marking.
If the court finds that a detained or embargoed article is adulterated or misbranded, 
such article must, after entry of the decree, be destroyed at the expense of the claimant 
thereof, under the supervision of such officer or employee, and all court costs and fees and 
storage and other proper expenses must be taxed against the claimant of such article or the 
claimant's agent.  When the adulteration or misbranding can be corrected by proper labeling 
or processing of the article, the court, after entry of the decree and after such costs, fees and 
expenses have been paid and a good and sufficient bond, conditioned that such article will 
be so labeled or processed, has been executed, may by order direct that such article be 
delivered to the claimant thereof for such labeling or processing under the supervision of 
an officer or employee of the department.  The expense of such supervision must be paid 
by the claimant.  Such bond must be returned to the claimant of the article on representation 
to the court by the commissioner that the article is no longer in violation of this chapter and 
that the expenses of such supervision have been paid.  For purposes of this paragraph, 
proper labeling may include displaying required information by law, on a menu board, on 
a sign or in an open manner at the location where the article is for sale and served.
Whenever the commissioner or an officer or employee of the department finds in any 
room, building, vehicle of transportation or other structure of an establishment licensed 
under this chapter any meat, seafood, poultry, vegetable, fruit or other perishable articles 
that are unsound or contain any filthy, decomposed or putrid substance or that may be 
poisonous or deleterious to health or otherwise unsafe, the same being declared to be a 
nuisance, the commissioner or the officer or employee shall forthwith destroy the same or 
in any other manner render the same unsalable as human food. 
The department is authorized to enact rules pursuant to this chapter to ensure 
compliance with this chapter and to protect public health.
Sec. 17.  32 MRSA §1222, sub-§1-A is enacted to read:
1-A.  License renewal.  A license under this chapter may be renewed annually upon 
payment of the prescribed fee, including late fees, additional inspection fees and fines if 
assessed and subject to compliance with rules of the department and 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 a license.
Sec. 18.  32 MRSA §1222, sub-§1-B is enacted to read:
1-B.  Conditional license.  When an applicant for an initial license or a renewal license 
is found, based upon an inspection by the department, not in compliance with this chapter 
or rules adopted pursuant to section 1242, the department may refuse issuance of the initial 
or renewal license, but 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.  The applicant may reapply for an annual license if the conditional 
license is voided or expires; however, the department may not reissue another conditional 
license.  All conditions must be met in order for an applicant to reapply for and be issued 
an annual license.
Sec. 19.  32 MRSA §1231-A, as amended by PL 2013, c. 264, §9, is further amended 
to read:
§1231-A.  Licensure requirements
1.  Licensure requirements.  Except as provided in section 1233 1233-A, the 
department shall issue a license to any person under this chapter who:
A.  Is at least 17 years of age;
B.  Has a high school diploma or its equivalent; and
C.  Passes an inspection under section 1243 within 60 days before the license is issued.
2.  Exemption.  A person who has a valid electrology license from the department as 
of January 1, 1991 is exempt from the requirements of subsection 1.
3.  Reciprocity.  Except as provided in section 1233 1233-A and notwithstanding the 
requirements of subsection 1, the department shall issue a license to any applicant under 
this chapter who provides the department with evidence that the applicant has 3 years of 
experience as an electrologist in another state.  That proof must consist of notarized copies 
of the license or registration issued by the state where the applicant last practiced 
electrology.
Sec. 20.  32 MRSA §1233, as amended by PL 2013, c. 264, §§11 and 12, is repealed.
Sec. 21.  32 MRSA §1233-A is enacted to read:
§1233-A.  Grounds for refusal, suspension or revocation
The department may revoke, suspend or refuse to issue or renew a license under this 
chapter or place a licensee on probation if:
1.   Conviction of crime.  The applicant or licensee has been convicted of a crime 
related to the practice of electrology;
2.   Deception or misrepresentation.  The applicant or licensee has engaged in any 
deception or misrepresentation to the department or the public in applying for a license or 
license renewal under this chapter or in the advertising or practice of electrology;
3.   Negligence; incompetence; endangering the public.  The applicant or licensee 
has demonstrated negligence or incompetence or has endangered the public in the practice 
of electrology; or
4.   Violation of rule.  The applicant or licensee has violated a rule adopted by the 
department under this chapter.
Sec. 22.  32 MRSA §1243, as amended by PL 2009, c. 589, §10, is further amended 
to read:
§1243.  Inspections 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 electrologist practices, pursuant 
to this chapter at any reasonable time in order to determine the state of compliance with 
this chapter and any rules adopted by the department under this chapter.  The 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 licensed electrologist practices, 
but no such entry and inspection of any premises or place 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 
under this chapter must be made at least once every 2 years by inspection or other method 
as determined by the department.
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 
this chapter and 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.
1.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure under this chapter, the department is authorized to 
charge, in addition to the usual fees imposed pursuant to this chapter for one license, which 
includes one licensure inspection and one follow-up inspection, an additional fee not to 
exceed $200 to cover the costs of each additional inspection or visit.  The department may 
impose on the applicant a penalty for the applicant's failure to pay an additional inspection 
fee within 30 days of the billing date.
Sec. 23.  32 MRSA §4201 is repealed and the following enacted in its place:
§4201.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Department.  "Department" means the Department of Health and Human Services.
2.  Tattoo.  "Tattoo" means to insert pigment under the skin of a human being by 
pricking with a needle or otherwise so as to produce an indelible mark or figure visible 
through the skin.
Sec. 24.  32 MRSA §4204, sub-§3 is enacted to read:
3.  Grounds for refusal, suspension or revocation.  The department may revoke, 
suspend or refuse to issue or renew a license under this chapter or place a licensee on 
probation if:
A.  The applicant or licensee has been convicted of a crime related to the practice of 
tattooing;
B.  The applicant or licensee has engaged in any deception or misrepresentation to the 
department or the public in applying for a license or license renewal under this chapter 
or in the advertising or practice of tattooing;
C.  The applicant or licensee has demonstrated negligence or incompetence or has 
endangered the public in the practice of tattooing; or
D.  The applicant or licensee has violated a rule adopted by the department under this 
chapter.
Sec. 25.  32 MRSA §4205 is enacted to read:
§4205.  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 under this chapter 
practices, pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules adopted by the department under this chapter. 
The 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 licensed 
under this chapter practices, but no such entry and inspection of any premises or place 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 under this chapter must be made at least once every 2 years 
by inspection or other method as determined by the department.
Sec. 26.  32 MRSA §4252, sub-§1 is enacted to read:
1.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure under this chapter, the department is authorized to 
charge, in addition to the usual fees under this section for one license, which includes one 
licensure inspection and one follow-up inspection, an additional fee not to exceed $200 to 
cover the costs of each additional inspection or visit.  The department may impose on the 
applicant a penalty for the applicant's failure to pay an additional inspection fee within 30 
days of the billing date.
Sec. 27.  32 MRSA §4301, sub-§1 is enacted to read:
1.  License renewal.  A license under this chapter may be renewed annually upon 
payment of the prescribed fee, including late fees, additional inspection fees and fines if 
assessed and subject to compliance with rules of the department and 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 a license.
Sec. 28.  32 MRSA §4301, sub-§2 is enacted to read:
2.  Conditional license.  When an applicant for initial licensure or license renewal is 
found, based upon an inspection by the department, not in compliance with this chapter or 
rules adopted pursuant to section 4251, the department may refuse issuance of the initial or 
renewal license, but 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. The applicant may reapply for an annual license if the conditional 
license is voided or expires; however, the department may not reissue another conditional 
license.  All conditions must be met in order for an applicant to reapply for and be issued 
an annual license.
Sec. 29.  32 MRSA §4311, sub-§2, as enacted by PL 1997, c. 383, §1, is amended 
to read:
2.  Micropigmentation.  "Micropigmentation" means placing nontoxic dyes or 
pigments into or under the subcutaneous portion of the skin so as to form indelible marks 
for cosmetic or medical purposes.  "Micropigmentation" does not include tattooing.
Sec. 30.  32 MRSA §4312, sub-§2-A is enacted to read:
2-A.  License renewal.  A license under this chapter may be renewed biennially upon 
payment of the prescribed fee, including late fees, additional inspection fees and fines if 
assessed and subject to compliance with rules of the department and 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 a license.
Sec. 31.  32 MRSA §4312, sub-§2-B is enacted to read:
2-B.  Conditional license.  When an applicant for initial licensure or license renewal 
is found, based upon an inspection by the department, not in compliance with this chapter 
or rules adopted pursuant to section 4313, the department may refuse issuance of the initial 
or renewal license, but 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. The applicant may reapply for a biennial license if the conditional 
license is voided or expires; however, the department may not reissue another conditional 
license.  All conditions must be met in order for an applicant to reapply for and be issued a 
biennial license.
Sec. 32.  32 MRSA §4314, sub-§1 is enacted to read:
1.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure under this chapter, the department is authorized to 
charge, in addition to the usual fees under this section for one license, which includes one 
licensure inspection and one follow-up inspection, an additional fee not to exceed $200 to 
cover the costs of each additional inspection or visit.  The department may impose on the 
applicant a penalty for the applicant's failure to pay an additional inspection fee within 30 
days of the billing date.
Sec. 33.  32 MRSA §4316, as enacted by PL 1997, c. 383, §1, is amended to read:
§4316.  Revocation; Grounds for refusal, suspension; or refusal to issue revocation
The department may revoke, suspend or refuse to issue or renew a license or renewal 
under this chapter or place a licensee on probation if:
1.  Conviction.  The person applicant or licensee has been convicted of a crime related 
to the practice of micropigmentation;
2.  Deception or misrepresentation.  Has The applicant or licensee has engaged in 
any deception or misrepresentation to the department or the public in applying for a license 
or license renewal under this chapter or in the advertising or practice of micropigmentation;
3.  Incompetence Negligence; incompetence; endangering the public.  Has The 
applicant or licensee has demonstrated negligence, incompetence or danger to the public in 
the practice of micropigmentation; or
4.  Violation of rules.  Has The applicant or licensee has violated any of the rules 
adopted by the department under this chapter.
Sec. 34.  32 MRSA §4319 is enacted to read:
§4319.  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 under this chapter 
practices, pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules adopted by the department under this chapter. 
The 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 licensed 
under this chapter practices, but no such entry and inspection of any premises or place 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 under this chapter must be made at least once every 2 years 
by inspection or other method as determined by the department.
Sec. 35.  32 MRSA §4324, sub-§1 is enacted to read:
1.  License renewal.  A license under this chapter may be renewed annually upon 
payment of the prescribed fee, including late fees, additional inspection fees and fines if 
assessed and subject to compliance with rules of the department and 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 a license.
Sec. 36.  32 MRSA §4324, sub-§2 is enacted to read:
2.  Conditional license.  When an applicant for initial licensure or license renewal is 
found, based upon an inspection by the department, not in compliance with this chapter or 
rules adopted pursuant to section 4326, the department may refuse issuance of the initial or 
renewal license, but 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.  The applicant may reapply for an annual license if the conditional 
license is voided or expires; however, the department may not reissue another conditional 
license.  All conditions must be met in order for an applicant to reapply for and be issued 
an annual license.
Sec. 37.  32 MRSA §4324, sub-§3 is enacted to read:
3.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure, the department is authorized to charge, in addition 
to the usual fees under section 4325 for one license, one licensure inspection and one 
follow-up inspection, an additional fee not to exceed $200 to cover the costs of each 
additional inspection or visit.  The department may impose on the applicant a penalty 
assessment for the applicant's failure to pay an additional inspection fee within 30 days of 
the billing date.
Sec. 38.  32 MRSA §4327, sub-§3 is enacted to read:
3.  Grounds for refusal, suspension or revocation.  The department may revoke, 
suspend or refuse to issue or renew a license under this chapter or place a licensee on 
probation if:
A.  The applicant or licensee has been convicted of a crime related to the practice of 
body piercing;
B.  The applicant or licensee has engaged in any deception or misrepresentation to the 
department or the public in applying for a license or license renewal under this chapter 
or in the advertising or practice of body piercing;
C.  The applicant or licensee has demonstrated negligence or incompetence or has 
endangered the public in the practice of body piercing; or
D.  The applicant or licensee has violated a rule adopted by the department under this 
chapter.
Sec. 39.  32 MRSA §4330 is enacted to read:
§4330.  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 under this chapter 
practices, pursuant to this chapter at any reasonable time in order to determine the state of 
compliance with this chapter and any rules adopted by the department under this chapter.  
The 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 licensed 
under this chapter practices, but no such entry and inspection of any premises or place 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 under this chapter must be made at least once every 2 years 
by inspection or other method as determined by the department.
SUMMARY
This bill:
1.  Corrects a conflict regarding municipal fees in the Maine Revised Statutes, Title 22, 
sections 2494 and 2499;
2.  Makes changes to require a complete application to operate any eating 
establishment, lodging place, recreational camp, youth camp, campground, public pool or 
public spa, to remove the 90-day conditional license period and replace it with a conditional 
license period of up to one year and to limit issuance of a conditional license to only one 
per applicant;
3.  Updates the laws governing eating establishments, lodging places, recreational 
camps, youth camps, campgrounds, public pools and public spas to detain or embargo food 
found to be adulterated or misbranded;
4.  Repeals the law establishing the Maine Wild Mushroom Harvesting Certification 
Program;
5.  Clarifies the chapter headnote of Title 22, chapter 562, including public pools, 
public spas, lodging places and sporting camps, and adds or clarifies definitions for "youth 
camp," "indirect compensation," "recreational camp," "sporting camp," "lodging place" 
and "permanent residence" under that chapter; and
6.  Updates laws regulating electrologists and tattoo artists, persons licensed to practice 
micropigmentation and persons licensed to practice body piercing to require payment of all 
license fees, including late fees and additional inspection fees, allow issuance of 
conditional licenses, provide penalties for violations and add provisions regarding right of 
entry and inspection frequency consistent with other license types and updates and clarifies 
the definition of "micropigmentation."