reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1591. Immunity and employment protection

§1591. Immunity and employment protection
No physician, nurse or other person who refuses to perform or assist in the performance of an abortion, and no hospital or health care facility that refuses to permit the performance of an abortion upon its premises, shall be liable to any person, firm, association or corporation for damages allegedly arising from the refusal, nor shall such refusal constitute a basis for any civil liability to any physician, nurse or other person, hospital or health care facility nor a basis for any disciplinary or other recriminatory action against them or any of them by the State or any person.   [PL 1977, c. 696, §186 (NEW).]
A physician, nurse or other person who refuses to perform or assist in the performance of an abortion may not, because of that refusal, be dismissed, suspended, demoted or otherwise prejudiced or damaged by a hospital, health care facility, firm, association, professional association, corporation or educational institution with which the physician, nurse or other person is affiliated or requests to be affiliated or by which the physician, nurse or other person is employed, nor may that refusal constitute grounds for loss of any privileges or immunities to which the physician, nurse or other person would otherwise be entitled, nor may submission to an abortion or the granting of consent therefor be a condition precedent to the receipt of any public benefits.   [RR 2021, c. 2, Pt. B, §95 (COR).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW). RR 2021, c. 2, Pt. B, §95 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1592. Discrimination for refusal

§1592. Discrimination for refusal
A person, hospital, health care facility, firm, association, corporation or educational institution, directly or indirectly, may not discriminate against a physician, nurse or other person by refusing or withholding employment from or denying admittance, when that physician, nurse or other person refuses to perform or assist in the performance of an abortion, nor may that refusal constitute grounds for loss of any privileges or immunities to which that physician, nurse or other person would otherwise be entitled.   [PL 2023, c. 405, Pt. A, §50 (AMD).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW). PL 2023, c. 405, Pt. A, §50 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1593. Sale and use of fetuses

§1593. Sale and use of fetuses
1.  Prohibition.
A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any product of conception considered live born, for scientific experimentation or for any form of experimentation.
[PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Consenting, aiding or assisting.
A person may not consent to violating subsection 1 or aid or assist another in violating subsection 1.
[PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalty.
A person who violates this section commits a Class C crime. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. K, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW). PL 2003, c. 452, §K10 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1594. Failure to preserve life of live born person

§1594. Failure to preserve life of live born person
Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the responsible party or parties to Maine law governing homicide, manslaughter and civil liability for wrongful death and medical malpractice.   [PL 1977, c. 696, §186 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1595. Live born and live birth, defined

§1595. Live born and live birth, defined
"Live born" and "live birth," as used in this chapter, shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Each product of such a birth is considered live born and fully recognized as a human person under Maine law.   [PL 1977, c. 696, §186 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1596. Abortion and miscarriage data

§1596. Abortion and miscarriage data
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus, regardless of the length of gestation.   [PL 1989, c. 274, §1 (RPR).]
B. "Miscarriage" means an interruption of a pregnancy other than as provided in paragraph A of a fetus of less than 20 weeks gestation.   [PL 1989, c. 274, §1 (RPR).]
C. "Health care professional" means a physician or physician assistant licensed under Title 32, chapter 36 or 48 or a person licensed under Title 32, chapter 31 to practice as an advanced practice registered nurse.   [PL 2019, c. 262, §1 (NEW).]
[PL 2019, c. 262, §1 (AMD).]
2.  Abortion reports.
A report of each abortion performed must be made to the Department of Health and Human Services in a manner prescribed by the department. These reports may not identify the patient by name or include other identifying information.
The report must include, without limitation, the following information:
A. The date and place the abortion was performed;   [PL 2023, c. 416, §1 (NEW).]
B. The age of the person on whom the abortion was performed;   [PL 2023, c. 416, §1 (NEW).]
C. The method used to perform the abortion; and   [PL 2023, c. 416, §1 (NEW).]
D. The gestational age of the fetus when the abortion was performed.   [PL 2023, c. 416, §1 (NEW).]
The report containing the information and data required by this subsection must be transmitted by the health care provider to the department not later than 10 days following the end of the month in which the abortion is performed.
[PL 2023, c. 416, §1 (RPR).]
3.  Miscarriage reports.
A report of each miscarriage must be made by the health care professional in attendance at or after the occurrence of the miscarriage to the Department of Health and Human Services on forms prescribed by the department. These report forms must contain all of the applicable information required on the certificate of fetal death in current use.
The report form must be prepared and signed by the health care professional in attendance at or after the occurrence of the miscarriage and transmitted to the department not later than 10 days following the end of the month in which the miscarriage occurs.
[PL 2019, c. 262, §1 (AMD).]
The identity of any patient or health care professional reporting pursuant to this section is confidential and the department shall take the steps necessary to ensure the confidentiality of the identity of patients or health care professionals reporting pursuant to this section.   [PL 2019, c. 262, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 696, §186 (NEW). PL 1979, c. 363, §§1-4 (AMD). PL 1989, c. 274, §1 (RPR). PL 2003, c. 689, §B6 (REV). PL 2019, c. 262, §1 (AMD). PL 2023, c. 416, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1597. Parental notification of minor's decision to have an abortion (REPEALED)

§1597. Parental notification of minor's decision to have an abortion
(REPEALED)
SECTION HISTORY
PL 1979, c. 413 (NEW). PL 1993, c. 61, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1599. Informed consent to abortion (REPEALED)

§1599. Informed consent to abortion
(REPEALED)
SECTION HISTORY
PL 1979, c. 663, §133 (RAL). PL 1993, c. 61, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-B: ABORTIONS › 22 §1599-A. Informed consent to abortion

§1599-A. Informed consent to abortion
1.  Consent by the woman.
A health care professional, as defined in section 1596, subsection 1, paragraph C, may not perform an abortion unless, prior to the performance, the health care professional certifies in writing that the woman gave her informed written consent, freely and without coercion.
[PL 2019, c. 262, §6 (AMD).]
2.  Informed consent.
To ensure that the consent for an abortion is truly informed consent, the health care professional, as defined in section 1596, subsection 1, paragraph C, shall inform the woman, in a manner that in the health care professional's professional judgment is not misleading and that will be understood by the patient, of at least the following:
A. According to the health care professional's best judgment she is pregnant;   [PL 2019, c. 262, §6 (AMD).]
B. The number of weeks elapsed from the probable time of the conception;   [PL 1993, c. 61, §4 (NEW).]
C. The particular risks associated with her own pregnancy and the abortion technique to be performed; and   [PL 1993, c. 61, §4 (NEW).]
D. At the woman's request, alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will provide the woman with economic and other assistance to carry the fetus to term, including, if the woman so requests, a list of these agencies and the services available from each.   [PL 1993, c. 61, §4 (NEW).]
[PL 2019, c. 262, §6 (AMD).]
SECTION HISTORY
PL 1993, c. 61, §4 (NEW). PL 2019, c. 262, §6 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1601. Permit required

§1601. Permit required
1.  Hazard.
The Legislature finds that mass outdoor gatherings frequently create a hazard to the public health, safety and peace. Accordingly, it is deemed to be appropriate and in the interest of the public welfare to regulate the conduct of such gatherings in order to protect the public health and safety.
[PL 1977, c. 347, §2 (RPR).]
2.  Mass outdoor gatherings.
For the purposes of this chapter, a mass outdoor gathering shall be deemed to mean any gathering held outdoors with the intent to attract the continued attendance of 2,000 or more persons for 12 or more hours.
[PL 1977, c. 347, §2 (RPR).]
3.  Permit required.
No person, corporation, partnership, association or group of any kind shall sponsor, promote or conduct a mass outdoor gathering until a permit has been obtained from the Commissioner of Health and Human Services.
[PL 1977, c. 347, §2 (RPR); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1971, c. 341 (NEW). PL 1975, c. 293, §4 (AMD). PL 1977, c. 347, §2 (RPR). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1603. Permit conditions (REPEALED)

§1603. Permit conditions
(REPEALED)
SECTION HISTORY
PL 1971, c. 341 (NEW). PL 1977, c. 347, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1604. Permit, bond

§1604. Permit, bond
The Department of Health and Human Services may also require, prior to the issuance of a permit, that the applicant furnish to the department a bond of a surety company qualified to do business in this State in such an amount as the department shall determine, but in no event more than $5,000, to ensure the public peace, safety and compensation of damage to property, public or private. This requirement for a bond does not preclude the applicant or any other persons from obtaining personal liability insurance for a mass outdoor gathering. Cash or negotiable securities of equivalent value may be furnished in lieu of the bond. The bond must guarantee cleanup by the applicant of the area used for the mass outdoor gathering, compliance by the applicant with any applicable state or local law or regulation and payment by the applicant of all proper claims against the applicant for damage to real or personal property in the municipality for which the permit is issued and arising out of facts done or omitted to be done by the applicant, the applicant's agents or employees. Any person having such a claim may bring an action upon the bond in the Superior Court of the county in which the municipality is located within one year of the occurrence of the act complained of. In furnishing such a bond, the applicant is deemed to have appointed the surety company as agent for the service of process upon the applicant or if cash or securities are supplied in lieu of a bond, the applicant shall in writing appoint an agent for the service of process, irrevocably, for the term within which action may be brought before any permit is issued.   [PL 2003, c. 673, Pt. AA, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1971, c. 341 (NEW). PL 1975, c. 293, §4 (AMD). PL 1977, c. 347, §5 (AMD). PL 2003, c. 673, §AA2 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1605. Application and permit fee

§1605. Application and permit fee
The fee for reviewing an application is $100 and must accompany the application, and the fee for a permit is a maximum of $750 and must be submitted promptly when requested by the department. Travel costs may also be charged to the applicant for department inspectors providing health inspection and oversight during the event. Rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A, must be established providing a fee schedule and related requirements. All funds received under this chapter must be deposited as General Fund undedicated revenue.   [PL 2003, c. 673, Pt. AA, §3 (AMD).]
SECTION HISTORY
PL 1971, c. 341 (NEW). PL 1977, c. 347, §6 (AMD). PL 2003, c. 673, §AA3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1606. Penalty

§1606. Penalty
Any person violating any provision of this chapter, or any rule and regulation issued pursuant thereto, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 11 months, or by both.   [PL 1971, c. 341 (NEW).]
SECTION HISTORY
PL 1971, c. 341 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265: MASS GATHERINGS › 22 §1607. Application

§1607. Application
This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4, or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapters 11 and 18.   [PL 2015, c. 148, §4 (AMD).]
SECTION HISTORY
PL 1971, c. 341 (NEW). PL 1977, c. 347, §7 (AMD). PL 1987, c. 395, §A88 (AMD). PL 2005, c. 563, §15 (AMD). PL 2013, c. 595, Pt. U, §8 (AMD). PL 2015, c. 148, §4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-A: SMOKING IN RETAIL STORES › 22 §1621. Definitions (REPEALED)

§1621. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 737, §A50 (NEW). PL 1993, c. 342, §7 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-A: SMOKING IN RETAIL STORES › 22 §1622. Smoking to be prohibited in retail stores (REPEALED)

§1622. Smoking to be prohibited in retail stores
(REPEALED)
SECTION HISTORY
PL 1985, c. 737, §A50 (NEW). PL 1993, c. 342, §7 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-A: SMOKING IN RETAIL STORES › 22 §1623. Responsibility of proprietors, employers (REPEALED)

§1623. Responsibility of proprietors, employers
(REPEALED)
SECTION HISTORY
PL 1985, c. 737, §A50 (NEW). PL 1993, c. 342, §7 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-A: SMOKING IN RETAIL STORES › 22 §1624. Civil violation (REPEALED)

§1624. Civil violation
(REPEALED)
SECTION HISTORY
PL 1985, c. 737, §A50 (NEW). PL 1993, c. 342, §7 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-B: VENDING MACHINE SALES OF CIGARETTES › 22 §1628. Vending machine sales of cigarettes limited to supervised areas (REPEALED)

§1628. Vending machine sales of cigarettes limited to supervised areas
(REPEALED)
SECTION HISTORY
PL 1987, c. 127 (NEW). PL 1989, c. 445, §9 (AMD). PL 1993, c. 406, §1 (AMD). PL 1995, c. 470, §13 (RP). PL 1995, c. 470, §19 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 265-C: SALE OF UNPACKAGED CIGARETTES › 22 §1629. Sale of unpackaged cigarettes (REPEALED)

§1629. Sale of unpackaged cigarettes
(REPEALED)
SECTION HISTORY
PL 1989, c. 445, §10 (NEW). PL 1995, c. 470, §14 (RP). PL 1995, c. 470, §19 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266: SWIMMING POOLS › 22 §1631. Definitions

§1631. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 436 (NEW).]
1.  Fence.
"Fence" means a good quality fence or wall not less than 4 feet in height above ground surface and of a character to exclude children. The fence shall be so constructed as not to have openings, holes or gaps larger than 4 square inches, except for fences constructed of vertical posts or louvers, in which case, the openings shall not be greater than 4 inches in width with no horizontal members between the top and bottom plates. Doors and gates are excluded from the minimum dimension requirements.
[PL 1983, c. 436 (NEW).]
2.  Swimming pool.
"Swimming pool" means an outdoor artificial receptacle or other container, whether in or above the ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more.
[PL 1987, c. 22 (AMD).]
SECTION HISTORY
PL 1983, c. 436 (NEW). PL 1987, c. 22 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266: SWIMMING POOLS › 22 §1632. Enclosure of swimming pool required

§1632. Enclosure of swimming pool required
A fence shall be erected and maintained around every swimming pool, except that portable above-ground swimming pools with sidewalls of at least 24 inches in height are exempted. A dwelling house or accessory building may be used as part of this enclosure. All gates or doors opening through this enclosure shall be capable of being securely fastened at all times when not in actual use.   [PL 1983, c. 436 (NEW).]
SECTION HISTORY
PL 1983, c. 436 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266: SWIMMING POOLS › 22 §1633. Penalty

§1633. Penalty
A person who does not comply with this chapter within 30 days after receiving written notice that the person is in violation of its provisions commits a civil violation for which a fine of not more than $500 may be adjudged. Each day a violation continues is a separate violation.   [RR 2021, c. 2, Pt. B, §100 (COR).]
SECTION HISTORY
PL 1983, c. 436 (NEW). RR 2021, c. 2, Pt. B, §100 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266: SWIMMING POOLS › 22 §1634. Municipal ordinances

§1634. Municipal ordinances
Nothing in this chapter may be construed as a preemption by the State. Municipalities may adopt and enforce swimming pool enclosure ordinances, or enforce existing ordinances, that are either less restrictive or more restrictive than this chapter, or that concern matters not dealt with by this chapter.   [PL 1983, c. 436 (NEW).]
SECTION HISTORY
PL 1983, c. 436 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266: SWIMMING POOLS › 22 §1635. Use of safety equipment in public pools

§1635. Use of safety equipment in public pools
1.  Use of safety equipment by persons who suffer from physical disability or condition.
No person may prohibit the use of a life jacket or similar device in a public swimming pool by any person who suffers, as evidenced by a signed statement of a licensed physician, from any physical disability or condition which necessitates the use of a life jacket or similar device.
[PL 1987, c. 194 (NEW).]
2.  Public swimming pool defined.
For the purposes of this section, a public swimming pool is any swimming pool which caters to, offers its facilities or services to or solicits or accepts patronage from the general public.
[PL 1987, c. 194 (NEW).]
SECTION HISTORY
PL 1987, c. 194 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266-A: INFORMATION AND REFERRAL SERVICES › 22 §1641. Parkinson's Syndrome

§1641. Parkinson's Syndrome
The Department of Human Services shall establish, maintain and operate an information and referral service for Parkinson's Syndrome to assist in promoting the general health and welfare of Maine's citizens, including, but not limited to, the following specific purposes:   [PL 1985, c. 737, Pt. A, §51 (NEW).]
1.  Information.
To provide educational materials to the medical community and other interested individuals relating to the nature and treatment of Parkinson's Syndrome; and
[PL 1985, c. 737, Pt. A, §51 (NEW).]
2.  Referral.
To maintain a referral service to make available, upon request, the names, addresses and phone numbers, when known, of:
A. Physicians who have an interest or expertise in Parkinson's Syndrome; and   [PL 1985, c. 737, Pt. A, §51 (NEW).]
B. Local or statewide support groups for Parkinson's Syndrome victims or their families and friends.   [PL 1985, c. 737, Pt. A, §51 (NEW).]
[PL 1985, c. 737, Pt. A, §51 (NEW).]
SECTION HISTORY
PL 1985, c. 737, §A51 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266-A: INFORMATION AND REFERRAL SERVICES › 22 §1642. Down syndrome

§1642. Down syndrome
The department shall establish, maintain and operate an information service for Down syndrome. For the purposes of this section, "Down syndrome" means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.   [PL 2015, c. 269, §1 (NEW).]
1.  Expectant or new parent; others.
A hospital, physician, health care provider or certified nurse midwife who renders prenatal care or postnatal care or a genetic counselor who renders prenatal or postnatal genetic counseling shall, upon receipt of a positive test result from a prenatal or postnatal test for Down syndrome, offer the expectant or new parent information provided by the department under subsection 2. The department shall also make such information available to any other person who has received a positive test result from a prenatal or postnatal test for Down syndrome.
[PL 2015, c. 269, §1 (NEW).]
2.  Information provided.
The department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to expectant or new parents who receive a prenatal or postnatal diagnosis of Down syndrome the following:
A. Up-to-date evidence-based written information about Down syndrome that includes physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options. The information must have been reviewed by established medical experts in the field and national Down syndrome organizations; and   [PL 2015, c. 269, §1 (NEW).]
B. Contact information regarding support programs and services, including information hotlines specific to Down syndrome, resource centers and clearinghouses, national, statewide and local Down syndrome organizations and other educational and support programs.   [PL 2015, c. 269, §1 (NEW).]
[PL 2015, c. 269, §1 (NEW).]
3.  Accessibility of information.
Information provided under this section must be culturally and linguistically appropriate for a person receiving a positive prenatal diagnosis and for the family of a child receiving a postnatal diagnosis of Down syndrome.
[PL 2015, c. 269, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 269, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 266-B: LYME DISEASE AND OTHER TICK-BORNE ILLNESSES › 22 §1646. Lyme disease testing information disclosure

§1646. Lyme disease testing information disclosure
1.  Definition.
For the purposes of this section, "health care provider" means a physician, hospital or person that is licensed or otherwise authorized in this State to provide health care services.
[PL 2013, c. 340, §1 (NEW).]
2.  Lyme disease testing information disclosure.
Every health care provider that orders a laboratory test for the presence of Lyme disease shall provide the patient with a copy of the results of the test.
[PL 2013, c. 340, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 340, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 267: EXPOSURE TO DIETHYLSTILBESTROL › 22 §1651. Identification of exposed persons

§1651. Identification of exposed persons
For the purpose of identifying persons who have been exposed to the potential hazards and afflictions of diethylstilbestrol and for the purpose of educating the public concerning the symptoms and prevention of associated malignancies, the Commissioner of Health and Human Services shall establish, promote and maintain a public information campaign on diethylstilbestrol. This campaign shall be conducted throughout the State and shall include, but not be limited to, a concerted effort at reaching those persons or the offspring of persons who have been exposed to diethylstilbestrol in order to encourage them to seek medical care for the prevention or treatment of any malignant condition.   [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1979, c. 415, §1 (NEW). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 267: EXPOSURE TO DIETHYLSTILBESTROL › 22 §1652. Providers of screening programs

§1652. Providers of screening programs
The Commissioner of Health and Human Services shall actively seek providers of health care to participate in regional programs which provide public information and screening for diethylstilbestrol exposed persons. In determining regional screening program providers, the commissioner shall consider the provider's compliance with state and federally mandated standards, the location in relation to the population to be served and the capacity of the provider to properly conduct these programs.   [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1979, c. 415, §1 (NEW). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 267: EXPOSURE TO DIETHYLSTILBESTROL › 22 §1653. Registry

§1653. Registry
The Bureau of Health, within the Department of Health and Human Services, shall establish and maintain a registry limited to women who took diethylstilbestrol during pregnancy, and their offspring who were exposed to diethylstilbestrol prenatally, solely for the purpose of follow-up care and treatment of long-term problems associated with diethylstilbestrol exposure. Enrollment in the registry shall be upon a voluntary basis.   [PL 1979, c. 415, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1979, c. 415, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 267: EXPOSURE TO DIETHYLSTILBESTROL › 22 §1654. Assistance

§1654. Assistance
The commissioner may request and must receive from any department, division, board, bureau, commission or agency of the State, or of any political subdivision thereof, such assistance and data as will enable the commissioner to properly carry out the commissioner's activities hereunder and effectuate the purposes set forth in this chapter. The commissioner may also enter into any contract for services that the commissioner considers necessary with a private agency or concern upon such terms and conditions as the commissioner considers appropriate.   [RR 2021, c. 2, Pt. B, §101 (COR).]
SECTION HISTORY
PL 1979, c. 415, §1 (NEW). RR 2021, c. 2, Pt. B, §101 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 267: EXPOSURE TO DIETHYLSTILBESTROL › 22 §1655. Report

§1655. Report
The department shall make an annual report to the joint standing committee of the Legislature having jurisdiction over human resources matters of its findings and recommendations concerning the effectiveness, impact and benefits derived from the special programs as provided for in this chapter. This report must be delivered on or before February 1st and must contain evaluations of these special programs and recommendations in final draft form of any legislation determined necessary and proper.   [PL 1993, c. 685, Pt. B, §3 (AMD).]
SECTION HISTORY
PL 1979, c. 415, §1 (NEW). PL 1993, c. 685, §B3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269: RAPE CRISIS CENTERS › 22 §1661. Legislative intent

§1661. Legislative intent
The Legislature finds that rape and sexual assault are crimes of violence that are both underreported and increasing in incidence; that victims of rape need support services and counseling that are currently unavailable from traditional medical or legal institutions; that the recent formation of local and regional rape crisis centers has provided rape and sexual assault victims with vital counseling and intervention services; and that the volunteer efforts of these and future rape crisis centers shall be supported and enhanced on a statewide basis, if possible. The Legislature declares that it is consistent with public policy to fund counseling and preventive educational programs by rape crisis centers.   [PL 1983, c. 826, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 826, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269: RAPE CRISIS CENTERS › 22 §1662. Funds

§1662. Funds
1.  Purposes.
The Department of Health and Human Services may receive and disburse funds made available to it for financial support grants or contracts to rape crisis centers for the following purposes:
A. Direct crisis intervention counseling of rape and sexual assault victims;   [PL 1983, c. 826, §1 (NEW).]
B. Programs to support a sexual assault victim's interaction with medical, psychological and legal professionals;   [PL 1983, c. 826, §1 (NEW).]
C. Programs to advocate and work with the sexual assault victim throughout the court process, but not to provide legal services; and   [PL 1983, c. 826, §1 (NEW).]
D. Programs to educate and train the public on rape and sexual assault prevention.   [PL 1983, c. 826, §1 (NEW).]
[PL 1983, c. 826, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Geographic coverage.
Insofar as practicable, the department shall make funds available to all areas of the State.
[PL 1983, c. 826, §1 (NEW).]
3.  Local match.
Any rape crisis center which applies for funds under this chapter shall demonstrate a match of either private donations, local funding or in-kind resources in accordance with the Department of Health and Human Services' policies.
[PL 1983, c. 826, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1983, c. 826, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269: RAPE CRISIS CENTERS › 22 §1663. Rules

§1663. Rules
The Commissioner of Health and Human Services is authorized and directed to adopt rules to implement this chapter to reflect widely accepted and current services that are presently provided. The commissioner shall consult with organizations who counsel rape victims, the Maine Coalition Against Sexual Assault, and other appropriate parties and shall make allocations based on these recommendations.   [PL 1999, c. 127, Pt. B, §7 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1983, c. 826, §1 (NEW). PL 1999, c. 127, §B7 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269: RAPE CRISIS CENTERS › 22 §1664. Lapse

§1664. Lapse
Funds made available to the department for the purposes of this chapter, whether from state, federal or private sources, shall not lapse, but shall be carried forward to the next fiscal year to be expended for the same purposes.   [PL 1983, c. 826, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 826, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269-A: SMOKING IN RETAIL STORES › 22 §1681. Definitions (REPEALED)

§1681. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 351 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269-A: SMOKING IN RETAIL STORES › 22 §1682. Rest room facilities required (REPEALED)

§1682. Rest room facilities required
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP). PL 1987, c. 86, §1 (RPR). PL 1987, c. 769, §A71 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269-A: SMOKING IN RETAIL STORES › 22 §1682-A. Eating establishments that permit consumption of alcoholic beverages (REPEALED)

§1682-A. Eating establishments that permit consumption of alcoholic beverages
(REPEALED)
SECTION HISTORY
PL 1987, c. 86, §2 (NEW). PL 1987, c. 769, §A72 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269-A: SMOKING IN RETAIL STORES › 22 §1683. Rules (REPEALED)

§1683. Rules
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 269-A: SMOKING IN RETAIL STORES › 22 §1684. Enforcement (REPEALED)

§1684. Enforcement
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1671. Definitions

§1671. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 737, Pt. A, §53 (RPR).]
1.  Shopping center.
"Shopping center" means any building or facility containing 6 or more separate retail establishments that are planned, developed, owned or managed as a unit, with an off-street public parking area of not less than 2 acres.
[PL 2009, c. 152, §1 (AMD).]
2.  Customer.
"Customer" means an individual who is lawfully on the premises of a retail establishment.
[PL 2009, c. 152, §1 (NEW).]
3.  Eligible medical condition.
"Eligible medical condition" means Crohn's disease, ulcerative colitis or any other inflammatory bowel disease, irritable bowel syndrome, a condition requiring the use of an ostomy device or any other medical condition that requires immediate access to a toilet facility.
[PL 2009, c. 152, §1 (NEW).]
4.  Retail establishment.
"Retail establishment" means a place of business open to the general public for the sale of goods or services.
[PL 2009, c. 152, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 102 (NEW). PL 1985, c. 737, §A53 (RPR). PL 2009, c. 152, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1672. Public rest room facilities required

§1672. Public rest room facilities required
In any building or facility constructed specifically as a shopping center after September 19, 1985, there shall be installed a minimum of 2 toilets for the use of the public. There shall be at least one separate toilet for each sex and the toilets provided shall be clearly marked, maintained in a sanitary condition and in good repair. Lavatory facilities shall be located within or immediately adjacent to all toilet rooms or vestibules. There shall be no charge for their use.   [PL 1985, c. 737, Pt. A, §53 (RPR).]
SECTION HISTORY
PL 1985, c. 102 (NEW). PL 1985, c. 737, §A53 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1672-A. Smoking restricted (REPEALED)

§1672-A. Smoking restricted
(REPEALED)
SECTION HISTORY
PL 1989, c. 314 (NEW). RR 1991, c. 1, §28 (COR). PL 1993, c. 342, §8 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1672-B. Retail establishments; access to employee toilet facilities

§1672-B. Retail establishments; access to employee toilet facilities
1.  Access for customers with eligible medical conditions.
A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if:
A. The customer requesting the use of the employee toilet facility suffers from an eligible medical condition;   [PL 2009, c. 152, §2 (NEW).]
B. Three or more employees of the retail establishment are working at the time the customer requests the use of the employee toilet facility;   [PL 2009, c. 152, §2 (NEW).]
C. Allowing the customer to use the toilet facility would not impose an undue burden on the retail establishment;   [PL 2009, c. 152, §2 (NEW).]
D. The retail establishment does not normally make a toilet facility available to the public;   [PL 2009, c. 152, §2 (NEW).]
E. The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment; and   [PL 2009, c. 152, §2 (NEW).]
F. A public toilet facility is not immediately accessible to the customer.   [PL 2009, c. 152, §2 (NEW).]
[PL 2009, c. 152, §2 (NEW).]
2.  Liability.
A retail establishment or an owner or employee of a retail establishment is not civilly liable for any act or omission in allowing a customer to use an employee toilet facility that is not a public toilet facility pursuant to subsection 1 unless:
A. The retail establishment or owner or employee of the retail establishment is willfully or grossly negligent;   [PL 2009, c. 152, §2 (NEW).]
B. The act or omission occurs in an area of the retail establishment that is not accessible to the public; and   [PL 2009, c. 152, §2 (NEW).]
C. The act or omission results in an injury to or death of the customer or an individual other than an employee accompanying the customer.   [PL 2009, c. 152, §2 (NEW).]
[PL 2009, c. 152, §2 (NEW).]
3.  Modifications not required.
A retail establishment is not required to make any physical change to an employee toilet facility under this section.
[PL 2009, c. 152, §2 (NEW).]
4.  Application.
This section may not be construed to limit the rights, remedies and procedures afforded to individuals pursuant to the Maine Human Rights Act. The civil penalties in section 1674 may not be assessed for any violation of this section.
[PL 2009, c. 152, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 152, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1673. Rules

§1673. Rules
The Department of Health and Human Services may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules to administer this chapter and thereby protect the public health.   [PL 1985, c. 737, Pt. A, §53 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1985, c. 102 (NEW). PL 1985, c. 737, §A53 (RPR). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: SHOPPING CENTERS AND RETAIL ESTABLISHMENTS › 22 §1674. Enforcement

§1674. Enforcement
This chapter shall be enforced by the Division of Health Engineering. Anyone violating this chapter or rules under this chapter commits a civil violation for which a forfeiture of not more than $200 may be adjudged. Each date of violation shall be considered a separate offense.   [PL 1985, c. 737, Pt. A, §53 (RPR).]
SECTION HISTORY
PL 1985, c. 102 (NEW). PL 1985, c. 737, §A53 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270: INFORMATION AND REFERRAL SERVICES › 22 §1681. Definitions (REPEALED)

§1681. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 351 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-A: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1681. Definitions (REPEALED)

§1681. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 351 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-A: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1682. Rest room facilities required (REPEALED)

§1682. Rest room facilities required
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP). PL 1987, c. 86, §1 (RPR). PL 1987, c. 769, §A71 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-A: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1682-A. Eating establishments that permit consumption of alcoholic beverages (REPEALED)

§1682-A. Eating establishments that permit consumption of alcoholic beverages
(REPEALED)
SECTION HISTORY
PL 1987, c. 86, §2 (NEW). PL 1987, c. 769, §A72 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-A: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1683. Rules (REPEALED)

§1683. Rules
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-A: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1684. Enforcement (REPEALED)

§1684. Enforcement
(REPEALED)
SECTION HISTORY
PL 1985, c. 115 (NEW). PL 1985, c. 171, §§1,2 (NEW). PL 1985, c. 737, §§A52,53 (RP). PL 1987, c. 8, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1685. Definitions

§1685. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 8, §2 (NEW).]
1.  Eating establishment.
"Eating establishment" means an eating establishment licensed by the Department of Health and Human Services under chapter 562 which prepares and serves food to the public for consumption inside the premises. "Eating establishment" does not include catering establishments, establishments dispensing food solely from vending machines, pushcarts and mobile eating places, roadside stands, retail frozen dairy product establishments or any other such places where customers do not consume food inside the building where the food is prepared and served.
[PL 1987, c. 8, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1987, c. 8, §2 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES › 22 §1686. Toilet facilities required

§1686. Toilet facilities required
An eating establishment must provide at least one toilet facility for the use of its customers. Toilet facilities that require access through the food preparation area or the use of which would in any way cause the establishment to be in violation of any state law or rule may not be considered as fulfilling this requirement. The location of the toilets must be clearly marked, and the toilets must be maintained in a sanitary condition and in good repair and their location must be identifiable from the eating area. There may not be a charge for their use. Lavatory facilities must be located within or immediately adjacent to all toilet rooms or vestibules.   [PL 2013, c. 264, §2 (AMD).]
Upon appeal, the Division of Health Engineering may exempt from the requirements of this chapter eating establishments of 13 to 25 seats which are not licensed for on-premise consumption of alcoholic beverages and which were in existence prior to September 30, 1985, and which:   [PL 1987, c. 769, Pt. A, §73 (NEW).]
1.  Shopping malls.
Are part of an enclosed mall which provides customer toilet facilities which are part of the public portion of the mall and not part of a business within the mall;
[PL 1987, c. 769, Pt. A, §73 (NEW).]
2.  Other locations.
Have submitted evidence of an agreement with a 2nd party that customers of the eating establishment may use toilet facilities which are on the premises owned or rented by the 2nd party in cases where such use would not create a substantial inconvenience to the customer of the eating establishment;
[PL 1987, c. 769, Pt. A, §73 (NEW).]
3.  Construction costs.
Are housed in buildings of unique construction which makes installation of a toilet facility cost prohibitive; or
[PL 1987, c. 769, Pt. A, §73 (NEW).]
4.  Space loss.
Would lose 1/4 or more of their existing seating space if required to provide a toilet facility of a minimum size of 3 feet by 6 feet.
[PL 1987, c. 769, Pt. A, §73 (NEW).]
Any eating establishment which does not have a toilet facility available shall post a sign to that effect which may be seen upon entry to the eating establishment.   [PL 1987, c. 769, Pt. A, §73 (NEW).]
SECTION HISTORY
PL 1987, c. 8, §2 (NEW). PL 1987, c. 769, §A73 (RPR). PL 2013, c. 264, §2 (AMD).