reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 413: HEALTH FACILITIES AUTHORITY › 22 §2073. Act cumulative; no notice required

§2073. Act cumulative; no notice required
Neither this chapter nor anything contained in this chapter is or shall be construed as a restriction or limitation upon any powers which the Maine Health and Higher Educational Facilities Authority might otherwise have under any laws of this State, and this chapter is cumulative of any such powers. This chapter does and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. Neither the making of contracts nor the issuance of bonds, notes, refunding bonds and other obligations pursuant to the provisions of this chapter need comply with the requirements of any other state law applicable to the making of contracts and the issuance of bonds, notes and other obligations, for the construction and acquisition of any project undertaken pursuant to this chapter. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this chapter.   [PL 1979, c. 680, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §22 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 413: HEALTH FACILITIES AUTHORITY › 22 §2074. Act liberally construed

§2074. Act liberally construed
This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed so as to effect its purposes.   [PL 1971, c. 303, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 413: HEALTH FACILITIES AUTHORITY › 22 §2076. Authority to intercept federal and state aid

§2076. Authority to intercept federal and state aid
1.  Treasurer to withhold funds.
When the authority notifies the Treasurer of State in writing that an entity eligible to use the authority is in default as to the payment of principal or interest on any securities of that entity sold through or by the authority, or that the authority has reasonable grounds to predict that the entity will not be able to make a full payment when that payment is due, the Treasurer of State shall withhold any funds in the Treasurer of State's custody that are due or payable to the eligible entity until the amount of the principal or interest due or anticipated to be due has been paid to the authority or the trustee for the bondholders, or the authority notifies the Treasurer of State that satisfactory arrangements have been made for the payment of the principal and interest. Funds subject to withholding under this subsection include, but are not limited to, federal and state grants, contracts, allocations or appropriations.
[PL 1991, c. 584, §7 (NEW).]
2.  Withheld funds to be made available to authority.
If the authority further notifies the Treasurer of State in writing that no other arrangements are satisfactory, the Treasurer of State shall deposit in the General Fund and make available to the authority any funds withheld from the eligible entity under this section. The authority shall apply the funds to the costs incurred by the eligible entity, including payments required to be made to the authority or trustee for any bondholders of debt service on any debt issued by the authority for the eligible entity or required by the terms of any other law or contract to be paid to the holders or owners of debt issued on behalf of the eligible entity upon failure or default, or reasonable expectation of failure or default, of the eligible institution to pay the principal or interest on its securities when due.
[PL 1991, c. 584, §7 (NEW).]
3.  Other agencies to be notified.
Concurrent with any notice from the authority to the Treasurer of State under this section, the authority shall notify any other agency, department or authority of State Government that exercises regulatory, supervisory or statutory control over the operations of the eligible entity. Upon notification, the agency, department or authority shall immediately undertake reviews to determine what action, if any, that agency, department or authority should undertake to assist in the payment by the eligible entity of the money due or steps that the agencies of the State other than the Treasurer of State or the authority should take to assure the continued prudent operation of the eligible entity or provision of services to the people served by the eligible entity.
[PL 1991, c. 584, §7 (NEW).]
SECTION HISTORY
PL 1991, c. 584, §7 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 414: HEALTH CARE PRACTITIONER SELF-REFERRALS › 22 §2081. Short title

§2081. Short title
This chapter may be known and cited as the "Health Care Practitioner Self-referral Act."   [PL 1993, c. 308, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 308, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 414: HEALTH CARE PRACTITIONER SELF-REFERRALS › 22 §2082. Legislative finding

§2082. Legislative finding
The Legislature finds that referral of patients by a health care practitioner to a facility in which the referring health care practitioner has an investment interest may present a potential conflict of interest, which could be harmful to the public health or welfare.   [PL 1993, c. 308, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 308, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 414: HEALTH CARE PRACTITIONER SELF-REFERRALS › 22 §2083. Applicability

§2083. Applicability
This chapter applies to referrals for health services made on or after January 1, 1994. However, if a health care practitioner acquired an investment interest in a facility before January 1, 1993, this chapter does not apply to referrals by that health care practitioner to that facility before January 1, 1997.   [PL 1993, c. 308, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 308, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 414: HEALTH CARE PRACTITIONER SELF-REFERRALS › 22 §2086. Penalties

§2086. Penalties
A facility or a health care practitioner that makes or causes to be made a referral prohibited under section 2085 or presents or causes to be presented a bill or claim for service that the facility or health care practitioner knows or should know is prohibited by section 2085 is subject to a civil penalty of no more than $2,000 for each referral, bill or claim.   [PL 1993, c. 308, §1 (NEW).]
A violation of this chapter by a health care practitioner or a facility constitutes grounds for disciplinary action by the applicable licensing body.   [PL 1993, c. 308, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 308, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 414: HEALTH CARE PRACTITIONER SELF-REFERRALS › 22 §2087. Rulemaking

§2087. Rulemaking
The bureau shall implement this chapter pursuant to rules adopted in accordance with the Maine Administrative Procedure Act. The rules must include but are not limited to:   [PL 1993, c. 308, §1 (NEW).]
1.  Administration.
Standards and procedures for the administration of this chapter;
[PL 1993, c. 308, §1 (NEW).]
2.  Exceptions.
Procedures and criteria for exceptions to the prohibitions set forth in section 2085;
[PL 1993, c. 308, §1 (NEW).]
3.  Compliance.
Procedures and criteria for determining practical compliance with the community needs and alternative financing criteria in section 2085;
[PL 1993, c. 308, §1 (NEW).]
4.  Complete opinion.
Procedures and criteria for determining when a written request for an opinion set forth in section 2085 is complete; and
[PL 1993, c. 308, §1 (NEW).]
5.  Applicability.
Procedures and criteria for advising health care practitioners of the applicability of this chapter to practices pursuant to written requests.
[PL 1993, c. 308, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 308, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 1: GENERAL PROVISIONS › 22 §2091. Short title

§2091. Short title
This chapter may be cited as the 1975 Dental Health Act.   [P&SL 1975, c. 90, §A, §1 (NEW).]
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 1: GENERAL PROVISIONS › 22 §2092. Definitions

§2092. Definitions
For the purposes of this chapter, unless the content otherwise indicates, the following words shall have the following meanings:   [P&SL 1975, c. 90, §A, §1 (NEW).]
1.  Commissioner.
"Commissioner" means the Commissioner of Health and Human Services or the commissioner's successor.
[PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
2.  Council.
[PL 1993, c. 360, Pt. D, §2 (RP).]
3.  Department.
"Department" means the Department of Health and Human Services.
[PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
4.  Director.
"Director" means the Director, Division of Dental Health.
[PL 1991, c. 152, §1 (AMD).]
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1975, c. 293, §4 (AMD). PL 1991, c. 152, §1 (AMD). PL 1993, c. 360, §D2 (AMD). PL 2003, c. 689, §§B6,7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 1: GENERAL PROVISIONS › 22 §2093. State agencies to cooperate

§2093. State agencies to cooperate
State agencies shall cooperate fully with the division and council in carrying out this chapter. The division and council are authorized to request such personnel, financial assistance, facilities and data as are reasonably required to assist the division and council to fulfill the division's and council's powers and duties.   [PL 1991, c. 152, §2 (AMD).]
State agencies proposing to develop, establish, conduct or administer programs or to assist programs relating to this chapter shall, prior to carrying out such actions, consult with the division. Each agency of State Government shall advise the division of its activities relating to this chapter.   [PL 1991, c. 152, §2 (AMD).]
Each state agency, in the implementation of the agency's activities relating to this chapter, shall keep the division fully informed of the agency's status.   [PL 1991, c. 152, §2 (AMD).]
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1991, c. 152, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 2: DIVISION OF DENTAL HEALTH › 22 §2094. Division; director (REPEALED)

§2094. Division; director
(REPEALED)
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1975, c. 293, §4 (AMD). PL 1985, c. 785, §B87 (AMD). PL 1991, c. 152, §4 (AMD). PL 1995, c. 502, §D5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 2: DIVISION OF DENTAL HEALTH › 22 §2095. Powers and duties (REPEALED)

§2095. Powers and duties
(REPEALED)
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1981, c. 470, §§A83,A84 (AMD). PL 1989, c. 700, §A77 (AMD). PL 1991, c. 152, §5 (AMD). PL 1995, c. 502, §D6 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 3: MAINE DENTAL HEALTH COUNCIL › 22 §2096. Council (REPEALED)

§2096. Council
(REPEALED)
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1975, c. 293, §4 (AMD). PL 1983, c. 812, §126 (RPR). PL 1989, c. 503, §B89 (AMD). PL 1993, c. 360, §D3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 3: MAINE DENTAL HEALTH COUNCIL › 22 §2097. Membership

§2097. Membership
The council consists of 9 members appointed by the commissioner. Members must be appointed for a term of 3 years, except that, of the members first appointed by the commissioner, 3 must be appointed for a term of 2 years and 3 must be appointed for a term of one year, as designated by the commissioner at the time of appointment, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed may be appointed only for the remainder of that term. A vacancy in the council does not affect its powers, but must be filled in the same manner in which the original appointment was made.   [RR 2021, c. 2, Pt. B, §117 (COR).]
Members shall be eligible for reappointment for not more than one full consecutive term and may serve after the expiration of their term until their successors have been appointed, qualified and taken office; except that members initially appointed for a one year term may be reappointed to one full 3-year term.   [P&SL 1975, c. 90, §A, §1 (NEW).]
An official employee, consultant or any other individual employed, retained or otherwise compensated by or representative of the Executive Branch of Maine State Government may not be a member of the council; but shall assist the council if so requested. Membership must include 4 dental health personnel, including 2 staff employed at least 1/2 time by a public or private nonprofit dental clinic program, one of whom must be a registered dental hygienist and one of whom must be a dentist or other professional staff, and 2 dentists employed in private practice, one of whom must be appointed from a list of at least 3 names submitted by the Maine Dental Association and 5 interested citizens representing a balance of diverse socioeconomic groups and geographic locations, who may not be employed in the dental health or medical care professions, or members of the immediate family of any person employed as a dental health or other medical care professional.   [PL 1991, c. 78 (AMD).]
The Board of Dental Practice shall serve as a Technical Advisory Committee to the council and the director on matters relating to dental care standards.   [P&SL 1975, c. 90, §A, §1 (NEW); PL 2015, c. 429, §23 (REV).]
The director of the division or the director's representative shall attend all meetings of the council.   [PL 1991, c. 152, §6 (AMD).]
The council shall elect the chair and such other officers from its members as it considers appropriate.   [RR 2021, c. 2, Pt. A, §57 (COR).]
SECTION HISTORY
P&SL 1975, c. 90, Pt. A, §1 (NEW). PL 1991, c. 78 (AMD). PL 1991, c. 152, §6 (AMD). PL 2015, c. 429, §23 (REV). RR 2021, c. 2, Pt. A, §57 (COR). RR 2021, c. 2, Pt. B, §117 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 3: MAINE DENTAL HEALTH COUNCIL › 22 §2098. Administrative authority

§2098. Administrative authority
The council shall meet at the call of the chair or at the call of 1/4 of the members appointed and currently holding office. The council shall meet at least once every 3 months. The council shall keep minutes of all meetings, including a list of people in attendance.   [RR 2021, c. 2, Pt. A, §58 (COR).]
The department, to the extent feasible and reasonable, shall make available to the council such staff, facilities, equipment, supplies, information and other assistance as it may reasonably require to carry out its activities.   [P&SL 1975, c. 90, §A, §1 (NEW).]
Any reasonable and proper expenses of the council must be borne by the division out of currently available state or federal funds. Each member of the council is entitled to compensation according to the provisions of Title 5, chapter 379. The council is authorized to appoint subcommittees.   [PL 1991, c. 152, §7 (AMD).]
A majority of the council members shall constitute a quorum for the purpose of conducting the business of the council and exercising all the powers of the council. A vote of the majority of the members present shall be sufficient for all actions of the council.   [P&SL 1975, c. 90, §A, §1 (NEW).]
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1983, c. 812, §127 (AMD). PL 1991, c. 152, §7 (AMD). RR 2021, c. 2, Pt. A, §58 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 415: DENTAL HEALTH › Subchapter 3: MAINE DENTAL HEALTH COUNCIL › 22 §2099. Powers and duties

§2099. Powers and duties
The council shall have, regarding dental health, the power and duty to:   [P&SL 1975, c. 90, §A, §1 (NEW).]
1.  Assist State Government.
Advise, consult and assist the Executive and Legislative Branches of the State Government on activities of State Government related to dental health. The council shall be solely advisory in nature. The council may make recommendations regarding any function intended to improve the quality of such dental health. The council shall be consulted by the commissioner prior to the appointment or removal of the director.
[P&SL 1975, c. 90, §A, §1 (NEW).]
2.  Serve as advocate.
Serve as an advocate on behalf of dental health, promoting and assisting activities designed to meet at the state and community levels the problems of such dental health. The council shall serve as an ombudsman on behalf of individual citizens as a class in matters relating to such dental health under the jurisdiction of State Government.
[P&SL 1975, c. 90, §A, §1 (NEW).]
3.  Assist the director.
Assist the director in reviewing and evaluating state and federal policies regarding dental health programs and other activities affecting people, conducted or assisted by any state department or agency; and
[PL 1981, c. 470, Pt. A, §85 (AMD).]
4.  Provide public forums.
Provide public forums, including the conduct of public hearings, sponsorship of conferences, workshops and other such meetings to obtain information about, discuss and publicize the needs of and solutions to dental health problems.
[P&SL 1975, c. 90, §A, §1 (NEW).]
SECTION HISTORY
P&SL 1975, c. 90, §§SEC.A,1 (NEW). PL 1981, c. 470, §A85 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 416: 1979 DENTAL HEALTH EDUCATION ACT › 22 §2121. Short title

§2121. Short title
This chapter may be cited as the 1979 Dental Health Education Act.   [PL 1979, c. 522, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 522, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 416: 1979 DENTAL HEALTH EDUCATION ACT › 22 §2122. Definitions

§2122. Definitions
For the purposes of this chapter, unless the context otherwise indicates, dental health education shall mean the provision of printed curricula, audio-visual aids, toothbrushes, floss, disclosing tablets, topical and systemic fluorides and necessary permanent equipment to maintain oral hygiene.   [PL 1979, c. 522, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 522, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 416: 1979 DENTAL HEALTH EDUCATION ACT › 22 §2123. Administration

§2123. Administration
The Department of Health and Human Services shall provide to any public school system or private educational system financial reimbursement for the costs of providing dental health education to children.   [PL 1979, c. 522, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
The Division of Dental Health, Department of Health and Human Services, shall administer the program.   [PL 1991, c. 152, §8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1979, c. 522, §1 (NEW). PL 1991, c. 152, §8 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 416: 1979 DENTAL HEALTH EDUCATION ACT › 22 §2124. Rules and regulations

§2124. Rules and regulations
The department shall promulgate rules and regulations outlining procedures for prior approval before materials in the definition of dental health education are purchased. The department may also promulgate rules and regulations to further define terms in this chapter and such other rules and regulations as shall effectuate the purposes of this chapter.   [PL 1979, c. 522, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 522, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 417-A: BACKGROUND CHECKS FOR TEMPORARY NURSE AGENCIES › 22 §2136. Definitions

§2136. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2009, c. 621, §5 (NEW).]
1.  Hire, employ or place.
“Hire, employ or place” means to recruit, select, train, declare competent, schedule, direct, define the scope of the position of or supervise an individual who provides temporary care pursuant to chapter 417.
[PL 2009, c. 621, §5 (NEW).]
2.  Temporary nurse agency.
“Temporary nurse agency” means a business entity or subdivision thereof that provides nurses to another organization on a temporary basis within this State.
[PL 2009, c. 621, §5 (NEW).]
SECTION HISTORY
PL 2009, c. 621, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 417-A: BACKGROUND CHECKS FOR TEMPORARY NURSE AGENCIES › 22 §2137. Criminal background checks

§2137. Criminal background checks
Beginning October 1, 2010, a temporary nurse agency, prior to hiring, employing or placing an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. The temporary nurse agency shall pay for the criminal background check required by this section.   [PL 2015, c. 196, §10 (AMD); PL 2015, c. 299, §18 (AMD).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 621, §5 (NEW).]
SECTION HISTORY
PL 2009, c. 621, §5 (NEW). PL 2015, c. 196, §10 (AMD). PL 2015, c. 299, §18 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 417-A: BACKGROUND CHECKS FOR TEMPORARY NURSE AGENCIES › 22 §2138. Prohibited employment based on disqualifying offenses

§2138. Prohibited employment based on disqualifying offenses
A temporary nurse agency shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker.   [PL 2015, c. 494, Pt. A, §19 (RPR).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2015, c. 299, §19 (NEW).]
1.  Subject of notation.
[PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]
2.  Convicted of crime involving abuse, neglect or misappropriation.
[PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]
3.  Other prior conviction.
[PL 2015, c. 196, §11 (RP); PL 2015, c. 299, §19 (RP).]
SECTION HISTORY
PL 2009, c. 621, §5 (NEW). PL 2011, c. 257, §16 (AMD). PL 2015, c. 196, §11 (RPR). PL 2015, c. 299, §19 (RPR). PL 2015, c. 494, Pt. A, §19 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2141. Purpose and intent

§2141. Purpose and intent
The Legislature finds that licensure of all agencies and organizations providing home health services is desirable and it is the purpose of this chapter to protect the public and assure that home health services are provided under standards of safety, efficiency and quality.   [PL 1983, c. 570 (NEW).]
It is the intent of this chapter to set forth the statutory authorization for home health care licensure, including the standards, start-up procedures and means by which licensure is established.   [PL 1983, c. 570 (NEW).]
SECTION HISTORY
PL 1983, c. 570 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2142. Definitions

§2142. Definitions
As used in this chapter, the following terms have the following meanings.   [PL 1983, c. 570 (NEW).]
1.  Commissioner.
"Commissioner" means the Commissioner of Health and Human Services.
[PL 1983, c. 570 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
1-A.  Certified nurse practitioner.
"Certified nurse practitioner" has the same meaning as in section 2422, subsection 1‑B.
[PL 2023, c. 267, §1 (NEW).]
2.  Department.
"Department" means the Department of Health and Human Services.
[PL 1983, c. 570 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
3.  Home health care provider.
"Home health care provider" means any business entity or subdivision thereof, whether public or private, proprietary or not for profit, that is engaged in providing acute, restorative, rehabilitative, maintenance, preventive or health promotion services through professional nursing or another therapeutic service, such as physical therapy, home health aides, nurse assistants, medical social work, nutritionist services or personal care services, either directly or through contractual agreement, in a client's place of residence. This term does not apply to any sole practitioner providing private duty nursing services or other restorative, rehabilitative, maintenance, preventive or health promotion services in a client's place of residence or to municipal entities providing health promotion services in a client's place of residence. This term does not apply to a federally qualified health center or a rural health clinic as defined in 42 United States Code, Section 1395x, subsection (aa) (1993) that is delivering case management services or health education in a client's place of residence. Beginning October 1, 1991, "home health care provider" includes any business entity or subdivision thereof, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services.
[PL 1993, c. 331, §1 (AMD).]
4.  Registered nurse educator.
"Registered nurse educator" means a registered nurse licensed under Title 32, chapter 31 who provides postprescription training to a patient or caregiver in a patient's place of residence when the registered nurse educator does not provide health care services, does not deliver the prescription drug, does not touch the patient, does not administer the prescription drug to the patient and does not seek payment from the patient, caregiver or any health care payor.
[PL 2013, c. 336, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 570 (NEW). PL 1985, c. 189, §1 (AMD). PL 1989, c. 119, §1 (AMD). PL 1993, c. 331, §1 (AMD). PL 2003, c. 689, §§B6,7 (REV). PL 2013, c. 336, §1 (AMD). PL 2023, c. 267, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2143. License required

§2143. License required
Effective July 1, 1984, no home health care provider may provide home health services without having, subject to this chapter and to the rules promulgated by the department under this chapter, a written license therefor from the department.   [PL 1983, c. 570 (NEW).]
SECTION HISTORY
PL 1983, c. 570 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2145. Standards

§2145. Standards
Standards shall be developed as follows.   [PL 1983, c. 570 (NEW).]
1.  Standards for licensing of all home health care entities.
The commissioner shall develop, no later than one year of the date of enactment of this chapter, standards for the licensing of all home health care entities.
[PL 1983, c. 570 (NEW).]
2.  Variation in standards.
Licensing standards may vary according to the varying means and methods of providing home health care services, but shall be consistent with the purpose and intent of this chapter.
[PL 1983, c. 570 (NEW).]
3.  Areas to be addressed.
Home health care licensing standards shall address the following areas:
A. General requirements;   [PL 1983, c. 570 (NEW).]
B. Qualifications for professional personnel;   [PL 1983, c. 570 (NEW).]
C. Qualifications for paraprofessional personnel;   [PL 1983, c. 570 (NEW).]
D. Treatment and services and their coordination;   [PL 1983, c. 570 (NEW).]
E. Supervision of professional and nonprofessional personnel;   [PL 1983, c. 570 (NEW).]
F. Organizational structure, including lines of authority;   [PL 1983, c. 570 (NEW).]
G. Clinic records;   [PL 1983, c. 570 (NEW).]
H. Business records; and   [PL 1983, c. 570 (NEW).]
I. Other aspects of home health care services that may be necessary to protect the public.   [PL 1983, c. 570 (NEW).]
[PL 1983, c. 570 (NEW).]
4.  Review of standards.
All standards shall be subject to review by the joint standing committee of the Legislature having jurisdiction over health and institutional services.
[PL 1983, c. 570 (NEW).]
SECTION HISTORY
PL 1983, c. 570 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2146. Fees

§2146. Fees
Each application for a license under this chapter must be accompanied by the fee established by the department. The fee is not refundable. All fees received by the department under this chapter must be paid into the State Treasury to the credit of the department for the purpose of reducing the costs of carrying out this chapter.   [PL 1995, c. 620, §2 (AMD).]
SECTION HISTORY
PL 1983, c. 570 (NEW). PL 1991, c. 528, §J3 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §J3 (AMD). PL 1995, c. 620, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2148. Right of entry and inspection

§2148. Right of entry and inspection
The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any home health care provider who has applied for a license or who is licensed pursuant to this chapter at any reasonable time and, upon demand, have the right to inspect and copy books, accounts, papers, records and other documents in order to determine the state of compliance with this chapter and any rules in force pursuant thereto. The right of entry and inspection shall extend to any premises and documents of providers whom the department has reason to believe are providing home health services without a license, but no such entry or inspection may be unreasonable or made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the District Court authorizing that entry or inspection.   [PL 1983, c. 570 (NEW).]
SECTION HISTORY
PL 1983, c. 570 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2149. Compensation for home health care providers

§2149. Compensation for home health care providers
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Home health care provider" means an organization designated as a home health agency under rules of the department or certified by Medicare for delivery of home health services.   [PL 1987, c. 829, §1 (NEW).]
[PL 1987, c. 829, §1 (NEW).]
2.  Compensation.
In determining levels of reimbursement in rate structures established for home health care providers, the department shall:
A. Formulate payment rates for various types of care provided based on the service costs attributable to each home health care provider, as determined by such standard methods as the department may establish;   [PL 1987, c. 829, §1 (NEW).]
B. Adjust rates accordingly, at least annually, for alternative programs to institutional care for optimal service delivery to eligible clients, but not to exceed the costs of nursing home care;   [PL 1987, c. 829, §1 (NEW).]
C. Recognize the provider's reasonable costs of recruiting, training and retaining qualified staff, including registered nurses, licensed practical nurses, certified nurse aides, home health aides and allied personnel; and   [PL 1987, c. 829, §1 (NEW).]
D. Implement this subsection in such a manner which does not result in a decrease in numbers of clients or units of service. The monthly limits on costs per individual receiving in-home services as an alternative to institutional care shall be at least $1,878 for skilled level care and $1,361 for intermediate level care.   [PL 1987, c. 829, §1 (NEW).]
[PL 1987, c. 829, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 829, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2149-A. Policies and procedures; employment

§2149-A. Policies and procedures; employment
The requirements of this section apply to home health care providers required to be licensed under this chapter.   [PL 2003, c. 634, §4 (NEW).]
1.  Policies and procedures.
A home health care provider shall develop and implement written policies and procedures that prohibit abuse, neglect or misappropriation of a client's property.
[PL 2003, c. 634, §4 (NEW).]
2.  Prohibited employment based on disqualifying offenses.
A home health care provider shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker.
A. [PL 2015, c. 494, Pt. A, §20 (RP).]
B. [PL 2015, c. 494, Pt. A, §20 (RP).]
C. [PL 2015, c. 494, Pt. A, §20 (RP).]
The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 494, Pt. A, §20 (RPR).]
SECTION HISTORY
PL 2003, c. 634, §4 (NEW). PL 2011, c. 257, §17 (AMD). PL 2015, c. 196, §12 (AMD). PL 2015, c. 299, §20 (AMD). PL 2015, c. 494, Pt. A, §20 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2149-B. Home health aide services to minors (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2023, c. 412, Pt. GGG, §5)

§2149-B. Home health aide services to minors
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2023, c. 412, Pt. GGG, §5)
Notwithstanding section 2147, subsection 2, a parent of a child who is eligible for home health aide services under the MaineCare program may receive reimbursement for providing those services to the child pursuant to this section and according to department rule. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 412, Pt. GGG, §1 (NEW); PL 2023, c. 412, Pt. GGG, §5 (AFF).]
SECTION HISTORY
PL 2023, c. 412, Pt. GGG, §1 (NEW). PL 2023, c. 412, Pt. GGG, §5 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2150. Compliance

§2150. Compliance
Any home health care provider that provides services for which a license is required without obtaining a license commits a civil violation and is subject to a civil penalty for which a forfeiture of $100 may be adjudged. Each day constitutes a separate violation.   [PL 1989, c. 579, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 579, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2150-A. Advisory Committee on Home Health (REPEALED)

§2150-A. Advisory Committee on Home Health
(REPEALED)
SECTION HISTORY
PL 1989, c. 601, §A2 (NEW). PL 1991, c. 622, §S28 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 419: HOME HEALTH SERVICES › 22 §2150-B. Staff; hiring; policy (REPEALED)

§2150-B. Staff; hiring; policy
(REPEALED)
SECTION HISTORY
PL 1995, c. 620, §3 (NEW). PL 2003, c. 634, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 421: AUTOMATED EXTERNAL DEFIBRILLATORS › 22 §2150-C. Automated external defibrillators; immunity from civil liability

§2150-C. Automated external defibrillators; immunity from civil liability
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Automated external defibrillator" or "AED" means a medical device that combines a heart monitor and a defibrillator approved by the United States Food and Drug Administration that:
(1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
(2) Is capable of determining, without intervention by an operator, whether defibrillation should be performed on an individual; and
(3) Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.   [PL 2007, c. 267, §2 (RPR).]
B. [PL 2007, c. 267, §2 (RP).]
[PL 2007, c. 267, §2 (RPR).]
2.  Prohibition.
[PL 2007, c. 267, §2 (RP).]
3.  Duties.
[PL 2007, c. 267, §2 (RP).]
4.  Penalties.
[PL 2007, c. 267, §2 (RP).]
5.  Effect on other law.
[PL 2007, c. 267, §2 (RP).]
6.  Immunity.
The following persons and entities are immune from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct:
A. Any person or entity that acquires an AED;   [PL 2007, c. 267, §2 (NEW).]
B. Any person or entity that owns, manages or is otherwise responsible for the premises on which an AED is located;   [PL 2007, c. 267, §2 (NEW).]
C. Any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency;   [PL 2007, c. 267, §2 (NEW).]
D. Any person who uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency;   [PL 2007, c. 267, §2 (NEW).]
E. Any physician or other authorized person who issues a prescription for the purchase of an AED;   [PL 2007, c. 267, §2 (NEW).]
F. Any person or entity that is involved with the design, management or operation of an AED program; and   [PL 2007, c. 267, §2 (NEW).]
G. Any person or entity that provides instruction in the use of an AED.   [PL 2007, c. 267, §2 (NEW).]
[PL 2007, c. 267, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 364, §1 (NEW). PL 2007, c. 267, §2 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 423: ACCESS TO EPINEPHRINE AUTOINJECTOR › 22 §2150-F. Definitions

§2150-F. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2015, c. 231, §1 (NEW).]
1.  Administer.
"Administer" means to apply an epinephrine autoinjector directly to a human body.
[PL 2015, c. 231, §1 (NEW).]
2.  Authorized entity.
"Authorized entity" means any entity, organization or place of employment, other than a school under Title 20-A, section 6305, in connection with or at which allergens capable of causing anaphylaxis may be present, including but not limited to recreation camps, colleges, universities, day care facilities, youth sports leagues, amusement parks, restaurants and sports arenas.
[PL 2015, c. 231, §1 (NEW).]
3.  Epinephrine autoinjector.
"Epinephrine autoinjector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into a human body or another single-use epinephrine delivery system approved by the federal Food and Drug Administration for public use.
[PL 2019, c. 560, §3 (AMD).]
4.  Health care practitioner.
"Health care practitioner" means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.
[PL 2015, c. 231, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 231, §1 (NEW). PL 2019, c. 560, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 5: FOODS AND DRUGS › Chapter 551: PURE FOODS AND DRUGS GENERALLY › Subchapter 1: FOODS › 22 §2153. Powers of commissioner

§2153. Powers of commissioner
The authority to promulgate, in a manner consistent with the Maine Administrative Procedure Act, regulations for the efficient enforcement of this subchapter is vested in the Commissioner of Agriculture, Conservation and Forestry. The commissioner is authorized to make the regulations promulgated under said subchapter conform in so far as practicable with those promulgated under the Federal Act.   [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
Hearings authorized or required by this subchapter shall be conducted by the commissioner or such officer, agent or employee as the commissioner may designate for the purpose.   [PL 1977, c. 694, §§ 346, 347 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §§346,347 (AMD). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 5: FOODS AND DRUGS › Chapter 551: PURE FOODS AND DRUGS GENERALLY › Subchapter 1: FOODS › 22 §2153-A. Confidentiality of certain information

§2153-A. Confidentiality of certain information
The following information is confidential and may not be disclosed to the public:   [PL 2009, c. 393, §9 (NEW).]
1.  United States Department of Agriculture, Food Safety and Inspection Service.
Information provided to the department or to any employee of the department by the United States Department of Agriculture, Food Safety and Inspection Service pursuant to 9 Code of Federal Regulations, Section 390.9 (2008) to the extent that the regulations designate the information confidential, the information is otherwise identified pursuant to the regulations as confidential or the regulations require the information to be protected from public disclosure; and
[PL 2009, c. 393, §9 (NEW).]
2.  Food and Drug Administration.
Information provided to the department or to any employee of the department by the United States Food and Drug Administration pursuant to 21 Code of Federal Regulations, Section 20.88 (2008) to the extent that the regulations designate the information confidential, the information is otherwise identified pursuant to the regulations as confidential or the regulations require the information to be protected from public disclosure.
[PL 2009, c. 393, §9 (NEW).]
SECTION HISTORY
PL 2009, c. 393, §9 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 5: FOODS AND DRUGS › Chapter 551: PURE FOODS AND DRUGS GENERALLY › Subchapter 1: FOODS › 22 §2154. Regulations

§2154. Regulations
Whenever in the judgment of the Commissioner of Agriculture, Conservation and Forestry such action will promote honesty and fair dealing in the interest of consumers, the commissioner shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quality or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Act.   [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
SECTION HISTORY
PL 1979, c. 731, §19 (AMD). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 5: FOODS AND DRUGS › Chapter 551: PURE FOODS AND DRUGS GENERALLY › Subchapter 1: FOODS › 22 §2155. Prohibitions (REPEALED)

§2155. Prohibitions
(REPEALED)
SECTION HISTORY
PL 1981, c. 470, §A86 (AMD). PL 1987, c. 174, §§2-4 (AMD). PL 1989, c. 376 (AMD). PL 1995, c. 276, §2 (AMD). PL 2003, c. 452, §K12 (RP). PL 2003, c. 452, §X2 (AFF).