An Act to Establish the Guiding Public Health Principles of Focused Protection for Pandemics of a Highly Infectious Respiratory Disease
Maine Legislature, Session 131, LD 1382
Committee: Health and Human Services
Sponsors: BRAKEY, SAMPSON, KEIM, MOORE, BAGSHAW, BOYER, FREDERICKS, JAVNER, LEMELIN, MORRIS
Amends: 22 MRSA §820-A

Legislative Document
No. 1382
S.P. 547
In Senate, March 28, 2023
An Act to Establish the Guiding Public Health Principles of Focused 
Protection for Pandemics of a Highly Infectious Respiratory Disease
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Representative SAMPSON of Alfred and
Senators: KEIM of Oxford, MOORE of Washington, Representatives: BAGSHAW of 
Windham, BOYER of Poland, FREDERICKS of Sanford, JAVNER of Chester, LEMELIN of 
Chelsea, MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §820-A is enacted to read:
§820-A.  Principles of focused protection for a pandemic of a highly infectious 
respiratory disease
1.  Focused protection.  The public health response of the State to a pandemic of a 
highly infectious disease must be guided by principles of focused protection under 
subsection 2.
2.  Guiding principles of focused protection.  The guiding principles of focused 
protection include that:
A.  Public health advice must consider the impact on overall public health rather than 
be solely concerned with a single disease and consider the benefits and harms of any 
public health measure, weighing the short-term versus the long-term consequences of 
the measure;
B.  Public health policy must protect the most vulnerable populations of the State, 
including children, low-income families, individuals with disabilities and the elderly, 
and may not shift the burden of protecting against the disease from the affluent to the 
less affluent;
C.  Public health advice must address the needs of each population in the State within 
the cultural, religious, geographic and other contexts of the population. If a population 
in the State believes that places of worship are essential, the public health advice should 
consider places of worship as essential in determining the advice;
D.  Public health policy must be based on comparative risk evaluations, risk reductions 
and reducing uncertainties using the best available scientific evidence but recognizing 
that risk cannot be entirely eliminated;
E.  Public health recommendations must present facts as the basis for guidance and 
may not employ fear, shame or falsehood to manipulate the public;
F.  Medical interventions may not be forced on a population, and a population may not 
be coerced into medical interventions, and medical interventions must be voluntary and 
based upon informed consent. A public health official must advise and may not set 
rules and must provide information and resources for an individual to make an 
informed decision; and
G.  Public health authorities must be honest and transparent with what is both known 
and unknown, advice given must be evidence-based and explained by data and the 
authorities must acknowledge errors or changes in evidence as soon as the authorities 
are aware of the changes.
SUMMARY
This bill establishes principles of focused protection for a pandemic of a highly 
infectious respiratory disease for public health authorities to follow, including:
1. Considering the impact on overall public health instead of being focused on a single 
disease;
2. Weighing the short-term versus the long-term consequences of any public health 
measure;
3. Protecting vulnerable populations and not shifting the burden of protecting against 
the disease from the affluent to the less affluent;
4. Addressing the needs of various populations in the State, including considering 
places of worship essential;
5. Basing comparative risk evaluations, risk reductions and reduction of uncertainties 
on using the best available scientific evidence but recognizing that risk cannot be entirely 
eliminated;
6. Presenting facts as the basis for guidance and not employing fear, shame or falsehood 
to manipulate the public;
7. Not forcing medical interventions on a population, which must be voluntary and 
based upon informed consent rather than coercion; and
8. Being honest and transparent, giving fact-based and data-based advice and 
acknowledging errors or changed evidence.