reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8104. Interagency licensing

§8104. Interagency licensing
1.  Interagency licensing method.
The Commissioner of Education and the Commissioner of Health and Human Services, or their designees, shall jointly establish a method for interagency licensing of residential child care facilities subject wholly or partly to licensing by both of the departments. The method must provide for the following:
A. Development of common licensing rules;   [PL 1981, c. 260, §5 (NEW).]
B. Periodic review of licensing rules;   [PL 1981, c. 260, §5 (NEW).]
C. Delegation of departmental responsibilities; and   [PL 1981, c. 260, §5 (NEW).]
D. Determination of licensing fees.   [PL 1981, c. 260, §5 (NEW).]
[PL 2005, c. 397, Pt. A, §28 (AMD).]
2.  Licensing authority.
For the purposes of this section, the Department of Health and Human Services shall have licensing authority for residential child care facilities. This authority shall not relieve any agency of responsibility for the proper and efficient management or evaluation of programs funded by that agency.
[PL 1981, c. 260, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
3.  Common licensing rules.
Common licensing rules developed under this section shall eliminate varying, duplicative and conflicting rules and procedures. Common licensing rules shall also assure, as far as practicable, that:
A. Licensing is accomplished expeditiously;   [PL 1981, c. 260, §5 (NEW).]
B. Applicants have to deal with as few agency representatives as possible;   [PL 1981, c. 260, §5 (NEW).]
C. Consideration is given to special circumstances made known by an applicant which make the timing of licensing investigation unreasonable;   [PL 1981, c. 260, §5 (NEW).]
D. Applicants are promptly informed of licensing decisions and of the cause for any delay or denial;   [PL 1981, c. 260, §5 (NEW).]
E. Applicants do not have to obtain information from another agency if the licensing agency can obtain the information more conveniently; and   [PL 1981, c. 260, §5 (NEW).]
F. Rules are applied uniformly.   [PL 1981, c. 260, §5 (NEW).]
[PL 1981, c. 260, §5 (NEW).]
4.  Authority to change daily rate for unlicensed foster care providers.
Notwithstanding any other provision of law, the department may change the daily rates for foster board and care paid to unlicensed homes and may provide the opportunity for those unlicensed homes, if they choose to apply, to pursue licensure that could result in a higher rate of payment.
[PL 2005, c. 12, Pt. RR, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 260, §5 (NEW). PL 1981, c. 493, §2 (AMD). PL 1989, c. 700, §A95 (AMD). PL 1991, c. 824, §A49 (AMD). RR 1995, c. 2, §46 (COR). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 12, §RR1 (AMD). PL 2005, c. 397, §A28 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8105. Transitional provision

§8105. Transitional provision
1.  Rules.
Any rule in effect immediately prior to the effective date of this section shall remain in effect until it is amended.
[PL 1981, c. 260, §5 (NEW).]
2.  Licenses.
Any license in effect immediately prior to the effective date of this section shall remain in effect unless it is revoked, suspended or made conditional, or until it expires, or until a new license is issued.
[PL 1981, c. 260, §5 (NEW).]
SECTION HISTORY
PL 1981, c. 260, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8106. Report (REPEALED)

§8106. Report
(REPEALED)
SECTION HISTORY
PL 1981, c. 260, §6 (NEW). PL 1993, c. 685, §B4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8107. Exceptions

§8107. Exceptions
The following exceptions to placement, as defined in section 8101, shall apply.   [PL 1983, c. 629, §2 (NEW).]
1.  Number; placement in children's homes.
The limitations on the number of children in children's homes do not prohibit the placement of more than the allowed number if the purpose of the placement is to keep siblings together.
[PL 2017, c. 372, §1 (AMD).]
1-A.  Number; placement in family foster home.
The limitation on the number of children in a family foster home does not prohibit the placement of more than the allowed number in an individual case involving unusual circumstances if the department determines that placement to be appropriate.
[PL 2017, c. 372, §2 (NEW).]
2.  Disabled child; placement.
The definitions used do not preclude the department from placing a child who is moderately to severely disabled in any appropriate child care facility at the department's discretion, subject to the limitations on the number of children specified in section 8101, subsections 1 and 3.
[PL 2021, c. 348, §33 (AMD).]
3.  Residents 18 years of age or older.
A resident in a children's home may remain in that home after attaining the age of 18 years without the home being required to be licensed as a boarding care facility under chapter 1663 if the department determines that it is in the best interest of the resident.
[PL 1989, c. 355, §3 (NEW).]
4.  Parents of children receiving services.
Adult parents may reside with their children in a children's residential care facility in order to facilitate the care of the child when the department has determined it to be in the best interest of the child.
[PL 2013, c. 179, §9 (AMD).]
The department may adopt rules 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 2007, c. 320, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 629, §2 (NEW). PL 1985, c. 706, §10 (AMD). PL 1989, c. 355, §3 (AMD). PL 2007, c. 320, §§1, 2 (AMD). PL 2013, c. 179, §9 (AMD). PL 2017, c. 372, §§1, 2 (AMD). PL 2021, c. 348, §33 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8108. Search of property

§8108. Search of property
An administrator or other staff designated by an administrator of a children's home or children's residential care facility may search a resident's backpack or travel bag upon the resident's return to the home or facility if there are reasonable grounds for suspecting that the backpack or travel bag contains misappropriated articles or items that would endanger the health or safety of the resident or other residents. A search of a resident's backpack or travel bag conducted under this section must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the resident and the nature of the suspected misappropriated or harmful items. Following a search of a resident's backpack or travel bag authorized under this section, the administrator or designated staff may confiscate any items found in the resident's possession that are misappropriated or that pose a health or safety risk to the resident or other residents.   [PL 2015, c. 240, §1 (NEW).]
Revisor's Note: §8108. Fees and terms for licenses (As enacted by PL 2015, c. 267, Pt. RR, §3 is REALLOCATED TO TITLE 22, SECTION 8109)
SECTION HISTORY
RR 2015, c. 1, §23 (RAL). PL 2015, c. 240, §1 (NEW). PL 2015, c. 267, Pt. RR, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8109. Fees and terms for licenses (REALLOCATED FROM TITLE 22, SECTION 8108)

§8109. Fees and terms for licenses
(REALLOCATED FROM TITLE 22, SECTION 8108)
License fees and terms for children's residential care facilities are governed by this section.   [RR 2015, c. 1, §23 (RAL).]
1.  Provisional license.
The application fee for a provisional license for a children's residential care facility may not be less than $100 nor more than $280. The term of a provisional license is for one year.
[RR 2015, c. 1, §23 (RAL).]
2.  Full license.
The application fee for a full license for a children's residential care facility may not be less than $100 nor more than $280. The term of a full license is for 2 years.
[RR 2015, c. 1, §23 (RAL).]
3.  Fee for biennial renewal of a full license.
The fee for the biennial renewal of a full license for a children's residential care facility may not be less than $70 nor more than $170.
[RR 2015, c. 1, §23 (RAL).]
4.  Fee to add a service site to a license.
The processing fee to add a service site to an issued license for a children's residential care facility may not be less than $35 nor more than $70.
[RR 2015, c. 1, §23 (RAL).]
5.  Fee to add a service to a license.
The processing fee to add a service to an issued license for a children's residential care facility may not be less than $70 nor more than $140.
[RR 2015, c. 1, §23 (RAL).]
6.  Fee to replace a license.
A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license.
[RR 2015, c. 1, §23 (RAL).]
7.  Transaction fee for electronic renewal of license.
The transaction fee for the electronic renewal of a license for a children's residential care facility may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service.
[RR 2015, c. 1, §23 (RAL).]
8.  Rules.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[RR 2015, c. 1, §23 (RAL).]
SECTION HISTORY
RR 2015, c. 1, §23 (RAL).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1670: INTERDEPARTMENTAL COMMITTEE RELATING TO CHILDREN'S RESIDENTIAL TREATMENT CENTERS › 22 §8151. Interdepartmental committee created (REPEALED)

§8151. Interdepartmental committee created
(REPEALED)
SECTION HISTORY
PL 1985, c. 274, §2 (NEW). PL 1989, c. 700, §A96 (AMD). PL 1993, c. 738, §B4 (RP). PL 1993, c. 738, §B9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1670: INTERDEPARTMENTAL COMMITTEE RELATING TO CHILDREN'S RESIDENTIAL TREATMENT CENTERS › 22 §8152. Responsibilities (REPEALED)

§8152. Responsibilities
(REPEALED)
SECTION HISTORY
PL 1985, c. 274, §2 (NEW). PL 1987, c. 432, §1 (RPR). PL 1987, c. 816, §GG1 (AMD). PL 1993, c. 269, §1 (AMD). PL 1993, c. 410, §CCC8 (AMD). PL 1993, c. 738, §B4 (RP). PL 1993, c. 738, §B9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1670: INTERDEPARTMENTAL COMMITTEE RELATING TO CHILDREN'S RESIDENTIAL TREATMENT CENTERS › 22 §8153. Contracts (REPEALED)

§8153. Contracts
(REPEALED)
SECTION HISTORY
PL 1985, c. 274, §2 (NEW). PL 1987, c. 432, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1670: INTERDEPARTMENTAL COMMITTEE RELATING TO CHILDREN'S RESIDENTIAL TREATMENT CENTERS › 22 §8154. Residential Treatment Centers Advisory Group (REPEALED)

§8154. Residential Treatment Centers Advisory Group
(REPEALED)
SECTION HISTORY
PL 1985, c. 274, §2 (NEW). PL 1987, c. 432, §3 (RPR). PL 1989, c. 503, §B97 (AMD). PL 1993, c. 738, §B4 (RP). PL 1993, c. 738, §B9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1671: CHILD PLACING AGENCY › 22 §8201. Definition of child placing agency

§8201. Definition of child placing agency
As used in this subtitle, the term "child placing agency" means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day.   [PL 1983, c. 625 (AMD).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1983, c. 625 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1671: CHILD PLACING AGENCY › 22 §8202. Rules

§8202. Rules
1.  Rules promulgated.
The department shall promulgate rules for child placing agencies which shall include, but need not be limited to, rules pertaining to the appropriateness of placement, the continued welfare of the child placed and licensing procedures.
[PL 1975, c. 719, §6 (NEW).]
2.
[PL 1977, c. 694, §380 (RP).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 694, §380 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1671: CHILD PLACING AGENCY › 22 §8203. Additional license permitted

§8203. Additional license permitted
A licensed children's home may also be licensed as a child placing agency if the children's home complies with the law and rules applicable to child placing agencies.   [PL 1975, c. 719, §6 (NEW).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1671: CHILD PLACING AGENCY › 22 §8204. Individuals placing children for adoption

§8204. Individuals placing children for adoption
1.  License required.
An individual who operates a child placing agency is subject to the licensing requirements of the department, as specified under this chapter and under chapter 1663. An individual who advertises or claims to perform the service of placing or finding homes for children for the purpose of adoption is deemed to operate a child placing agency.
[PL 2023, c. 405, Pt. A, §79 (AMD).]
2.  License not required.
An individual who does not advertise or claim to perform the service of placing or finding homes for children for the purpose of adoption, but who places or assists in placing a child for adoption, is not considered to operate a child placing agency and is not subject to the licensing requirements of the department, as specified under this chapter and under chapter 1663.
[PL 2023, c. 405, Pt. A, §80 (AMD).]
3.  Fees; violation and penalty.
No individual who places or assists in placing a child for adoption shall charge a fee which represents more than the reasonable costs of the services provided.
Violation of this subsection shall be a Class D crime.
[PL 1977, c. 515, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 515, §3 (NEW). PL 2023, c. 405, Pt. A, §§79, 80 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1671: CHILD PLACING AGENCY › 22 §8206. Preadoptive homes as foster homes

§8206. Preadoptive homes as foster homes
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Foster home" means a child's home that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour-a-day, residential basis.   [PL 1999, c. 265, §1 (NEW).]
B. "Preadoptive parent" means a person who has entered into an agreement with a licensed private child-placing agency that has certified the person as a potential adoptive parent who will accept a child into care with the intent to adopt that child.   [PL 1999, c. 265, §1 (NEW).]
[PL 1999, c. 265, §1 (NEW).]
2.  Home certification.
Pursuant to rules adopted by the department, a licensed private child-placing agency may certify a preadoptive parent's home as a foster home for a child placed in that home awaiting adoption by the preadoptive parent. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 1999, c. 265, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 265, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8301. Definition of day care facility (REPEALED)

§8301. Definition of day care facility
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1981, c. 309, §2 (AMD). PL 1989, c. 700, §A97 (AMD). PL 1997, c. 494, §7 (RP). PL 1997, c. 494, §15 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8302. Rules (REPEALED)

§8302. Rules
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 497, §7 (AMD). PL 1977, c. 694, §381 (AMD). PL 1989, c. 723 (AMD). PL 1991, c. 89, §§1,2 (AMD). PL 1995, c. 74, §1 (AMD). PL 1997, c. 494, §9 (RP). PL 1997, c. 494, §15 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8302-B. Providers subject to standards

§8302-B. Providers subject to standards
A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds is not required to be licensed as a family child care provider pursuant to section 8301‑A but is subject to the provisions of this section.   [PL 2021, c. 35, §25 (AMD).]
1.  Investigation.
A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds and a child care staff member, as defined in section 8302‑A, subsection 2, paragraph K, of the person must pass a criminal background check pursuant to section 8302‑C that meets the requirements of 42 United States Code, Section 9858f(b).
[PL 2017, c. 457, §7 (RPR).]
1-A.  Payment for criminal background checks.
Fees for and costs related to processing and administering criminal background checks required for a child care staff member pursuant to subsection 1 must be paid by the department from the funds available under the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The fees for and costs related to processing and administering criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration. A transfer of payment by the department to the Department of Public Safety from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 must be made pursuant to a schedule agreed upon by the department and the Department of Public Safety, in consultation with the State Controller, and based on documentation of fees and processing and administration costs incurred.
[PL 2017, c. 457, §8 (NEW).]
2.  Information provided by department.
The department shall supply providers with information on the following topics:
A. Health and safety, including the control of communicable disease, and immunization requirements;   [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
B. Physical premises safety; and   [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
C. Training opportunities in health and safety, first aid and cardiopulmonary resuscitation and early care and education.   [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
[PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
3.  Authority to inspect.
The department has the authority to inspect the premises of the person providing the care.
[PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
SECTION HISTORY
PL 1997, c. 494, §11 (NEW). PL 1997, c. 494, §15 (AFF). PL 2005, c. 530, §9 (AMD). PL 2017, c. 457, §§7, 8 (AMD). PL 2021, c. 35, §25 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8303. Fee for licenses (REPEALED)

§8303. Fee for licenses
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1993, c. 353, §1 (RP). PL 1993, c. 353, §7 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8303-A. Fee for licenses

§8303-A. Fee for licenses
1.  Child care facilities and family child care providers.
The department shall adopt rules to establish reasonable fees for both initial licensure and license renewals for child care facilities and family child care providers. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 35, §26 (AMD).]
2.  Nursery schools.
The department shall adopt rules to establish reasonable initial and renewal licensing fees for nursery schools that may not exceed $40 for an initial or renewal license. 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 2009, c. 590, §6 (NEW).]
SECTION HISTORY
PL 1993, c. 353, §2 (NEW). PL 1997, c. 494, §12 (AMD). PL 1997, c. 494, §15 (AFF). PL 2005, c. 530, §10 (AMD). PL 2005, c. 640, §4 (AMD). PL 2009, c. 590, §6 (RPR). PL 2021, c. 35, §26 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8304. Fire safety (REPEALED)

§8304. Fire safety
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1989, c. 502, §A86 (AMD). PL 1993, c. 158, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8304-A. Fire safety

§8304-A. Fire safety
1.  Inspection required.
As an ongoing condition of licensure, the Commissioner of Public Safety must provide at least biennially to the department a written statement that the child care facility or family child care provider complies with applicable fire safety rules adopted pursuant to Title 25, section 2452. The Commissioner of Public Safety shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this subsection. The rules must provide for at least the following.
A. The Commissioner of Public Safety shall issue a fire safety technician certificate to any person who successfully completes a training course established by the Department of Public Safety. A person who receives a fire safety technician certificate pursuant to this paragraph may perform fire safety inspections under this section.   [PL 1997, c. 728, §13 (AMD).]
B. In addition to ongoing license requirements, inspection is required under this section whenever a child care facility or family child care provider changes or augments a heating system or makes major structural alterations to the facility or home.   [PL 2021, c. 35, §27 (AMD).]
[PL 2021, c. 35, §27 (AMD).]
2.  Fees.
The department shall establish and pay reasonable fees to the Department of Public Safety for services rendered under this section. Fees collected by the Department of Public Safety under this section must be deposited into a special revenue account to carry out the purposes of this section. A balance remaining in the account at the end of the fiscal year may not lapse but must be carried forward into subsequent fiscal years.
[PL 1997, c. 728, §13 (AMD).]
3.  Inspectors.
The Commissioner of Public Safety may appoint subject to the Civil Service Law employees needed to carry out the purposes of this section. A person appointed pursuant to this subsection is under the administrative and supervisory direction of the Commissioner of Public Safety.
[PL 1997, c. 728, §13 (AMD).]
SECTION HISTORY
PL 1993, c. 158, §5 (NEW). PL 1997, c. 494, §13 (AMD). PL 1997, c. 494, §15 (AFF). PL 1997, c. 728, §13 (AMD). PL 2001, c. 645, §8 (AMD). PL 2005, c. 530, §11 (AMD). PL 2021, c. 35, §27 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8305. Home baby-sitting service (REPEALED)

§8305. Home baby-sitting service
(REPEALED)
SECTION HISTORY
PL 1981, c. 309, §3 (NEW). PL 1981, c. 470, §B9 (AMD). PL 1985, c. 358, §1 (RPR). PL 1993, c. 158, §§6,7 (AMD). PL 1993, c. 353, §§3-5 (AMD). PL 1997, c. 393, §A23 (AMD). PL 1997, c. 494, §14 (RP). PL 1997, c. 494, §15 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8306. Information brochure (REPEALED)

§8306. Information brochure
(REPEALED)
SECTION HISTORY
PL 1985, c. 358, §2 (NEW). PL 2005, c. 530, §12 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1673: CHILD CARE FACILITIES › 22 §8308. Family child care provider representation (REPEALED)

§8308. Family child care provider representation
(REPEALED)
SECTION HISTORY
PL 2007, c. 672, §1 (NEW). PL 2011, c. 641, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8351. Short title (REPEALED)

§8351. Short title
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8352. Definitions (REPEALED)

§8352. Definitions
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8353. Investigation team (REPEALED)

§8353. Investigation team
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2021, c. 35, §28 (AMD). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8354. Duties of the investigation team (REPEALED)

§8354. Duties of the investigation team
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8355. Right to hearing; appeal (REPEALED)

§8355. Right to hearing; appeal
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8356. Entities subject to investigation (REPEALED)

§8356. Entities subject to investigation
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2021, c. 35, §§29, 30 (AMD). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8357. Records; confidentiality; disclosure (REPEALED)

§8357. Records; confidentiality; disclosure
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1674: INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT (REPEALED) › 22 §8358. Rules (REPEALED)

§8358. Rules
(REPEALED)
SECTION HISTORY
PL 2015, c. 283, §3 (NEW). PL 2023, c. 248, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8401. Definitions

§8401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 700, Pt. A, §98 (NEW).]
1.  Children.
[PL 2001, c. 645, §9 (RP).]
2.  Nursery school.
"Nursery school" has the same meaning as in section 8301‑A, subsection 1‑A, paragraph D.
A.   [PL 2001, c. 645, §9 (RP).]
B.   [PL 2001, c. 645, §9 (RP).]
C.   [PL 2001, c. 645, §9 (RP).]
D.   [PL 2001, c. 645, §9 (RP).]
[PL 2001, c. 645, §9 (AMD).]
SECTION HISTORY
PL 1975, c. 709, §2 (NEW). PL 1989, c. 700, §A98 (AMD). PL 2001, c. 645, §9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8402. Licensure

§8402. Licensure
1.  License required.
[PL 1983, c. 386, §4 (RP).]
2.  Term of license.
[PL 1983, c. 386, §4 (RP).]
3.  Requirements.
In order to receive a license from the department, a nursery school must meet the requirements of chapter 1673 applicable to nursery schools and the following requirements.
A. The department shall adopt rules regarding the health of staff as required to protect the health and safety of the children. The rules must include a requirement that every 2 years each licensee, administrator or other staff member of the nursery school who provides care for children be declared free from communicable disease by a licensed physician, nurse practitioner or physician assistant. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 154, §10 (AMD); PL 2019, c. 154, §12 (AFF).]
B. Drinking water that is taken from sources other than a public water system must pass a test for bacteria, nitrates and nitrites every year and must pass a partial chemical test every 4 years.   [PL 2001, c. 645, §10 (AMD).]
C. The nursery school carries minimum liability insurance of $100,000 per person and $300,000 per occurrence.   [PL 2001, c. 645, §10 (AMD).]
D.   [PL 2001, c. 645, §10 (RP).]
E. The nursery school meets, biennially, the fire safety requirements specified in section 8403, subsection 2.   [PL 2005, c. 640, §5 (AMD).]
F.   [PL 2001, c. 645, §10 (RP).]
[PL 2005, c. 640, §5 (AMD); PL 2019, c. 154, §10 (AMD); PL 2019, c. 154, §12 (AFF).]
3-A.  Rules.
The department shall establish routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A for the safe operation of nursery schools. These rules must be reasonably related to the health and safety of children cared for in nursery schools.
[PL 2001, c. 266, §1 (NEW).]
4.  License issued promptly.
The department shall issue with reasonable promptness a license to each nursery school from which the department has received and verified documentation indicating that the nursery school has met the requirements included in subsection 3.
[PL 1975, c. 709, §2 (NEW).]
5.  Fee.
[PL 1993, c. 353, §6 (RP); PL 1993, c. 353, §7 (AFF).]
6.  Relationship to licensing of child care facilities.
A nursery school must be licensed as a child care facility under chapter 1673.
[PL 2001, c. 645, §11 (AMD).]
SECTION HISTORY
PL 1975, c. 709, §2 (NEW). PL 1977, c. 497, §8 (AMD). PL 1983, c. 386, §4 (AMD). PL 1993, c. 353, §6 (AMD). PL 1993, c. 353, §7 (AFF). PL 2001, c. 266, §1 (AMD). PL 2001, c. 645, §§10,11 (AMD). PL 2005, c. 640, §5 (AMD). PL 2019, c. 154, §10 (AMD). PL 2019, c. 154, §12 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8402-A. Rules and regulations

§8402-A. Rules and regulations
The department shall establish rules and regulations for the administration of medication in nursery schools.   [PL 1977, c. 497, §9 (NEW).]
SECTION HISTORY
PL 1977, c. 497, §9 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8403. Fire safety

§8403. Fire safety
1.  Inspection required.
A license may not be issued by the department for a nursery school until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated in Title 25, section 2360, 2391 or 2392 to make fire safety inspections.
[PL 1997, c. 728, §14 (AMD).]
2.  Requirements.
This written statement must be furnished biennially to the department and must indicate that the nursery school has complied with at least the requirements of the Life Safety Code of the National Fire Protection Association that are specified in:
A. The family day care homes section, if the nursery school has at least 3 but no more than 6 children per session;   [PL 1997, c. 728, §14 (AMD).]
B. The group day care homes section, if the nursery school has at least 7 but no more than 20 children per session; or   [PL 1975, c. 709, §2 (NEW).]
C. The child day care centers section, if the nursery school has more than 20 children per session.   [PL 1975, c. 709, §2 (NEW).]
[PL 2005, c. 640, §6 (AMD).]
3.  Fees.
The department shall establish and pay reasonable fees to the Department of Public Safety or municipal officials for each such inspection. Fees collected by the Department of Public Safety must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.
[PL 1997, c. 728, §14 (AMD).]
SECTION HISTORY
PL 1975, c. 709, §2 (NEW). PL 1997, c. 728, §14 (AMD). PL 2005, c. 640, §6 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8404. Existing nursery schools (REPEALED)

§8404. Existing nursery schools
(REPEALED)
SECTION HISTORY
PL 1975, c. 709, §2 (NEW). PL 1981, c. 470, §A119 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1675: NURSERY SCHOOLS › 22 §8405. Exemption from certain requirements for accredited Montessori schools

§8405. Exemption from certain requirements for accredited Montessori schools
Notwithstanding any provision of this chapter or chapter 1673 or rules adopted pursuant to this chapter or chapter 1673, a nursery school that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemption from those requirements of this chapter or chapter 1673 or rules adopted pursuant to this chapter or chapter 1673 that conflict with the recognized tenets of the Montessori philosophy.   [PL 2005, c. 224, §2 (NEW).]
The commissioner shall adopt rules 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 2005, c. 224, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 224, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1677: EMERGENCY SERVICES FOR VICTIMS OF FAMILY VIOLENCE › 22 §8501. Provision of services

§8501. Provision of services
The Department of Health and Human Services shall provide, through social service contracts, emergency services for family members who cannot safely remain in their own homes because of violence, serious threat of violence or other serious family crisis. The emergency services shall include such services as shelter care, counseling and coordinating other necessary services.   [PL 1979, c. 565, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
The department shall make these services available to all areas of the State insofar as practicable.   [PL 1979, c. 565, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 565, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1678: ALZHEIMER SPECIAL CARE PROGRAMS › 22 §8551. Definitions

§8551. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 205, §1 (NEW).]
1.  Alzheimer special care program.
"Alzheimer special care program" means a special program or secure, locked or segregated unit within one of the following entities for individuals with a diagnosis of probable Alzheimer's disease or a related disorder to prevent or limit access by an individual to areas outside the designated or separated program or area and that advertises, markets or otherwise promotes that entity as providing specialized Alzheimer or dementia care services:
A. A residential care facility subject to licensure pursuant to chapter 1663 or 1664;   [PL 2001, c. 596, Pt. B, §20 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
B. A skilled nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405;   [PL 1995, c. 205, §1 (NEW).]
C. A hospice program subject to licensure pursuant to chapter 1681; or   [PL 1995, c. 205, §1 (NEW).]
D. Other facility, including, but not limited to, assisted living, adult daycare, congregate housing and eating and lodging facilities.   [PL 1995, c. 205, §1 (NEW).]
[PL 2001, c. 596, Pt. B, §20 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
SECTION HISTORY
PL 1995, c. 205, §1 (NEW). PL 2001, c. 596, §B20 (AMD). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1678: ALZHEIMER SPECIAL CARE PROGRAMS › 22 §8552. Alzheimer special care program disclosure

§8552. Alzheimer special care program disclosure
1.  Disclosure required.
An entity that offers to provide or provides care for individuals with Alzheimer's disease or a related disorder through an Alzheimer special care program shall disclose the form of care or treatment it provides that distinguishes it as being especially applicable to or suitable for those individuals. The disclosure must be made to the department and to any individual seeking placement within an Alzheimer special care program or the individual's guardian or other responsible party. The department shall examine and verify the accuracy of all disclosures as part of an entity's license renewal procedure.
[PL 1995, c. 205, §1 (NEW).]
2.  Disclosure content.
The disclosure required under subsection 1 must explain the additional care provided in the Alzheimer special care program and include at a minimum:
A. The program's written statement of its philosophy and mission that reflect the needs of individuals with dementia;   [PL 2009, c. 299, Pt. A, §5 (AMD).]
B. The process and criteria for placement in, or transfer or discharge from the program;   [PL 1995, c. 205, §1 (NEW).]
C. The process used for the assessment and establishment of a plan of care and its implementation, including the methods by which the plan of care evolves and remains responsive to changes in an individual's condition;   [PL 1995, c. 205, §1 (NEW).]
D. The program's staff training and continuing education practices;   [PL 1995, c. 205, §1 (NEW).]
E. Documentation of the program's physical environment and design features appropriate to support the functioning of cognitively impaired adult individuals;   [PL 1995, c. 205, §1 (NEW).]
F. The frequency and types of individuals' activities provided by the program;   [PL 1995, c. 205, §1 (NEW).]
G. A description of family involvement and the availability of family support programs;   [PL 1995, c. 205, §1 (NEW).]
H. An itemization of the costs of care and any additional fees; and   [PL 1995, c. 205, §1 (NEW).]
I. A description of security measures provided by the facility.   [PL 1995, c. 205, §1 (NEW).]
[PL 2009, c. 299, Pt. A, §5 (AMD).]
SECTION HISTORY
PL 1995, c. 205, §1 (NEW). PL 2009, c. 299, Pt. A, §5 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8601. Definition

§8601. Definition
As used in this subtitle, the term "adult day care program" means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program.   [PL 1987, c. 389, §5 (NEW).]
The term does not include:   [PL 1987, c. 389, §5 (NEW).]
1.  Adult program.
Any program for adults provided by a licensed residential facility; or
[PL 1987, c. 389, §5 (NEW).]
2.  Any day activity program.
Any day activity program licensed by the department.
[PL 1989, c. 502, Pt. A, §87 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1987, c. 389, §5 (NEW). PL 1989, c. 502, §A87 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8602. Rules

§8602. Rules
The Department of Health and Human Services, in consultation with adult day care providers, shall adopt rules for adult day care programs that include, but are not limited to, rules pertaining to the health and safety of the adult clients and staff, the quality of the program provided, the administration of medication and licensing procedures.   [PL 2023, c. 405, Pt. A, §81 (AMD).]
Different standards may be developed for different types of adult day care programs with differences based on number of participants or other factors affecting programming.   [PL 1987, c. 389, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 389, §5 (NEW). PL 2003, c. 689, §B6 (REV). PL 2023, c. 405, Pt. A, §81 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8603. License

§8603. License
Beginning on July 1, 1988, no person or combination of persons may operate an adult day care program in this State without having obtained a license to operate an adult day care program from the Department of Health and Human Services.   [PL 1987, c. 389, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1987, c. 389, §5 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8604. Fee for license

§8604. Fee for license
The department shall charge a reasonable fee for a license. There may be differential fees charged to programs based on numbers of participants, type of license or other considerations.   [PL 1987, c. 389, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 389, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8605. Fire safety

§8605. Fire safety
1.  Inspection required.
A license may not be issued by the department for an adult day care program until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360, 2391 or 2392 to make fire safety inspections. This statement must indicate that a facility has complied with the applicable fire safety provisions referred to in subsection 2 and Title 25, section 2452 and must be furnished to the department prior to the issuance of full licensure.
[PL 2021, c. 398, Pt. QQ, §1 (AMD).]
2.  Life Safety Code.
The written statement must be furnished to the department prior to the issuance of full licensure and must indicate that the adult day care program has complied with at least the requirements of the Life Safety Code of the National Fire Protection Association that are specified in:
A. The family day care homes section, if the adult day care program has no more than 6 adults per session;   [PL 1987, c. 389, §5 (NEW).]
B. The group day care homes section, if the adult day care program has at least 7 but no more than 12 adults per session; or   [PL 1987, c. 389, §5 (NEW).]
C. The child day care section, if the adult day care program has more than 13 adults per session.   [PL 1987, c. 389, §5 (NEW).]
[PL 2021, c. 398, Pt. QQ, §1 (AMD).]
3.  Fees.
The department shall establish and pay reasonable fees to the Department of Public Safety or municipal official for each such inspection. Fees collected by the Department of Public Safety must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.
[PL 1997, c. 728, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 389, §5 (NEW). PL 1997, c. 728, §15 (AMD). PL 2021, c. 398, Pt. QQ, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1679: ADULT DAY CARE PROGRAM › 22 §8606. Prohibited employment based on disqualifying offenses

§8606. Prohibited employment based on disqualifying offenses
1.  Prohibited employment based on disqualifying offenses.
An adult day care program 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, but not limited to, a certified nursing assistant or a direct care worker.
A. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).]
B. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).]
C. [PL 2015, c. 196, §15 (RP); PL 2015, c. 299, §23 (RP).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 196, §15 (AMD); PL 2015, c. 299, §23 (RPR).]
SECTION HISTORY
PL 2003, c. 634, §10 (NEW). PL 2011, c. 257, §18 (AMD). PL 2015, c. 196, §15 (AMD). PL 2015, c. 299, §23 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1680: MAINE HOSPICE COUNCIL › 22 §8611. Maine Hospice Council established

§8611. Maine Hospice Council established
The Maine Hospice Council is established to coordinate a statewide hospice program of training, education and advocacy as a body politic and a public instrumentality of the State. For the purposes of this chapter, "council" means the Maine Hospice Council.   [PL 1989, c. 596, Pt. F, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 596, §F2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1680: MAINE HOSPICE COUNCIL › 22 §8612. Rule-making authority

§8612. Rule-making authority
The council has the authority to adopt rules as necessary in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, to carry out its responsibilities.   [PL 1989, c. 596, Pt. F, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 596, §F2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1680: MAINE HOSPICE COUNCIL › 22 §8613. Meetings

§8613. Meetings
The council shall meet at least once a year. Special meetings shall be held as deemed necessary by the council. The minutes of all proceedings of the council shall be a public record available and on file in the office of the council. Members of the council shall be compensated according to the provisions of Title 5, chapter 379.   [PL 1989, c. 596, Pt. F, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 596, §F2 (NEW).