reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2015. License

§2015. License
The department shall issue a medical laboratory license to any medical laboratory which has applied for said license on forms provided by the department and which is found to be in compliance with this Act.   [PL 1993, c. 600, Pt. B, §6 (AMD).]
No medical laboratory licensed under this Act shall send specimens to any laboratory within the State unless such laboratory is in compliance with this Act. When the specimen has been referred for examination to an out-of-state laboratory, the report shall bear or be accompanied by a clear statement that such findings were obtained in such other laboratory, which shall be identified.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1993, c. 600, §B6 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2016. Application

§2016. Application
Application must be made on a form prescribed by the department. Licenses must be issued to perform testing in one or more of the following categories or specialties: Histocompatibility; microbiology, including subcategories bacteriology, mycology, parasitology, virology; immunology or serology, including subcategories syphilis and nonsyphilis; chemistry, including subcategories routine, clinical microscopy or urinalysis and other, including toxicology; hematology, including coagulation; immunohematology, including subcategories blood group and Rh typing, Rh titers, cross matching, antibody detection and identification; pathology, including subcategories tissue, oral, diagnostic cytology; and radiobioassay. All applications must be accompanied by a license application fee. The application must contain the following information:   [PL 2011, c. 531, §1 (AMD).]
1.  Name and location.
The name and location of the medical laboratory;
[PL 1975, c. 218 (RPR).]
2.  Director and owners.
The name of the director of the laboratory and the name of the owner or owners, if different;
[PL 1975, c. 218 (RPR).]
3.  Services.
A description of the services provided by such medical laboratory; and
[PL 1975, c. 218 (RPR).]
4.  Other information.
Such other information as the department may deem necessary or expedient in carrying out its powers and duties under this Act.
[PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §4 (AMD). PL 1991, c. 528, §J1 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §J1 (AMD). PL 2011, c. 531, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2017. Renewal

§2017. Renewal
A license shall expire 3 years after the date of issuance unless renewed. Licenses may be renewed in the same manner and subject to the same conditions as the issuance of the original license and upon payment of a renewal application fee of $200 for the first category and $60 for each additional category.   [PL 1987, c. 211, §5 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §5 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2018. Terms

§2018. Terms
A license to conduct a medical laboratory when the owner is not the director shall be issued jointly to the owner and the director for the premises stated in the application, and they shall be severally and jointly responsible to the department for the maintenance and conduct thereof and for any violations of this Act and regulations pertaining thereto. A separate license must be obtained for each location. A license shall be valid only in the hands of the persons to whom it is issued and shall not be the subject of sale, assignment or transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which issued. A new license, for the unexpired length of time of the original license, may be secured, without the payment of any additional fee, for the new location, director or owner prior to the actual change, provided that the contemplated change is in compliance with this Act and regulations pertaining thereto.   [PL 1975, c. 218 (RPR).]
This section is not to be construed as limiting the ownership of laboratories to persons who qualify under the provisions of this chapter as a director, but rather is intended to stipulate that a director as defined in section 2014, subsection 3, is necessary in order for a laboratory to obtain a license.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2019. Display

§2019. Display
A person maintaining, conducting or operating a medical laboratory shall display, in a prominent place in the medical laboratory, the license issued to the person by the department. A medical laboratory may not in any advertisement, announcement, letter, circular, poster, sign or any other manner include any statement expressly or by implication to the effect that it is approved or endorsed by the department.   [RR 2021, c. 2, Pt. B, §112 (COR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). RR 2021, c. 2, Pt. B, §112 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2020. Fees

§2020. Fees
Fees required under this Act may not be returned to the applicant or licensee under any circumstances.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2021. Use

§2021. Use
All fees charged and collected by the department shall be deposited by it in the State Treasury to the credit of the department. All such money is appropriated to be used by the department in carrying out this Act. The expenditures of the department may be paid from that money.   [PL 1993, c. 600, Pt. B, §7 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1993, c. 600, §B7 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 3: APPLICATION FOR AND ISSUANCES OF LICENSES AND RENEWALS › 22 §2022. Duplicate

§2022. Duplicate
A licensee may obtain a duplicate copy of the license upon payment of $2 to the department.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 4: POWERS AND DUTIES OF THE DEPARTMENT › 22 §2023. Rules and regulations

§2023. Rules and regulations
The department shall prescribe and publish rules and regulations for medical laboratories. These rules and regulations shall relate to:   [PL 1993, c. 600, Pt. B, §8 (AMD).]
1.  Qualifications of directors and technical personnel.
The qualifications of directors and technical personnel of medical laboratories;
[PL 1987, c. 211, §6 (AMD).]
2.  Location and construction of laboratory.
The location and construction of the laboratory, including plumbing, heating, lighting, ventilation, electrical services and similar conditions which shall insure the conduct and operation of the laboratory in a manner which will protect the public health;
[PL 1975, c. 218 (RPR).]
3.  Sanitary conditions.
All sanitary conditions within the laboratory and its surroundings, including water supply, sewage, the handling of specimens and general hygiene which shall ensure the protection of the public health;
[PL 1989, c. 72, §3 (AMD).]
4.  Equipment.
Equipment essential in the opinion of the department to proper conduct and operation of a medical laboratory; and
[PL 1993, c. 600, Pt. B, §9 (AMD).]
5.  Standards of performance.
Standards of performance essential to the achievement of accurate, reliable results and the protection of public health, including standards for maternal serum alpha-fetoprotein testing, covering, at a minimum, volume of testing, population-based reference data, adjustment for variables affecting interpretation of results, confirmatory analyses, reports, review and follow-up and procedures to ensure that patients and physicians are provided adequate and reliable follow-up testing and counseling services and that the department is provided with data on test results and pregnancy outcomes.
[PL 1989, c. 72, §4 (NEW).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §6 (AMD). PL 1989, c. 72, §§3,4 (AMD). PL 1993, c. 600, §§B8,9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 4: POWERS AND DUTIES OF THE DEPARTMENT › 22 §2023-A. Fees

§2023-A. Fees
The department shall adopt a schedule of fees by rulemaking to implement provisions of this chapter.   [PL 1991, c. 528, Pt. J, §2 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 528, §J2 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §J2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 4: POWERS AND DUTIES OF THE DEPARTMENT › 22 §2024. Inspection

§2024. Inspection
The department is authorized to inspect the premises and operations of all medical laboratories, subject to licensure or any provisions under this Act.   [PL 1987, c. 211, §7 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §7 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 4: POWERS AND DUTIES OF THE DEPARTMENT › 22 §2025. Performance evaluation

§2025. Performance evaluation
The department shall require the demonstration of proficiency in the performance of the tests offered by laboratories subject to licensure or the provisions of this paragraph through successful participation in a proficiency testing program acceptable to the department covering all categories or subcategories in which testing is offered. Evaluated copies of results shall be forwarded to the department.   [PL 1993, c. 600, Pt. B, §10 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §8 (RPR). PL 1993, c. 600, §B10 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 5: MAINE MEDICAL LABORATORY COMMISSION › 22 §2026. Membership (REPEALED)

§2026. Membership
(REPEALED)
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1983, c. 812, §122 (AMD). PL 1987, c. 211, §9 (AMD). PL 1989, c. 503, §B88 (AMD). PL 1993, c. 600, §B11 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 5: MAINE MEDICAL LABORATORY COMMISSION › 22 §2027. Expenses (REPEALED)

§2027. Expenses
(REPEALED)
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1983, c. 812, §123 (AMD). PL 1993, c. 600, §B12 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 5: MAINE MEDICAL LABORATORY COMMISSION › 22 §2028. Consultation and meetings (REPEALED)

§2028. Consultation and meetings
(REPEALED)
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1993, c. 600, §B13 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 6: QUALIFICATIONS OF A DIRECTOR OF A MEDICAL LABORATORY › 22 §2029. Director

§2029. Director
Every medical laboratory shall have a director who is a legal resident of the State of Maine, except under certain conditions which may be designated by the department. The director shall also possess one of the following qualifications:   [PL 1993, c. 600, Pt. B, §14 (AMD).]
1.  Certification.
Is a physician licensed to practice medicine in the State of Maine, certified by the American Board of Pathology or the American Osteopathic Board of Pathology, or who possesses qualifications acceptable to the department and equivalent to such certification;
[PL 1993, c. 600, Pt. B, §14 (AMD).]
2.  Special qualifications.
Is a physician licensed to practice medicine with special qualifications acceptable to the department; or
[PL 1993, c. 600, Pt. B, §14 (AMD).]
3.  Qualified persons other than physicians.
Has an earned doctorate degree in a chemical, physical or biological science from an accredited institution and either is certified in at least one laboratory specialty by the American Board of Clinical Chemistry, American Board of Medical Microbiology or other national accrediting board acceptable to the department. Medical laboratories directed by persons qualified under this subsection shall only perform those examinations within the scientific area in which members of the staff are trained and certified.
[PL 1993, c. 600, Pt. B, §14 (AMD).]
A medical laboratory may not perform examinations in the field of pathologic anatomy, including exfoliative cytology, unless the director or an employee of the laboratory is a diplomate of the American Board of Pathology certified in pathologic anatomy or the American Osteopathic Board of Pathology certified in pathologic anatomy, or unless the director is a physician licensed to practice medicine in the State who possesses special qualifications acceptable to the department, or unless the director is a dentist licensed in Maine and is certified by the American Board of Oral Pathology.   [PL 1993, c. 600, Pt. B, §14 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1973, c. 625, §116 (AMD). PL 1975, c. 218 (RPR). PL 1981, c. 66, §§2-4 (AMD). PL 1987, c. 211, §10 (AMD). PL 1993, c. 600, §B14 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2030. Requested

§2030. Requested
1.  Request from authorized person.
Except as otherwise provided, a medical laboratory shall examine specimens only at the request of a licensed physician or other person authorized by law to use the findings of laboratory examinations.
[PL 1989, c. 665, §2 (NEW).]
2.  Exceptions.
Notwithstanding this section, a medical laboratory may examine specimens without a physician referral for a limited number of laboratory services to be determined by rules adopted by the department. Those services include testing for:
A. Glucose for patients who have been previously diagnosed as having diabetes;   [PL 1989, c. 665, §2 (NEW).]
B. Pregnancy;   [PL 1989, c. 665, §2 (NEW).]
C. Colon cancer; and   [PL 1989, c. 665, §2 (NEW).]
D. Cholesterol.   [PL 1989, c. 665, §2 (NEW).]
[PL 1993, c. 600, Pt. B, §15 (AMD).]
3.  Testing without referral.
This section does not require any medical laboratory to perform laboratory services without a physician referral.
[PL 1989, c. 665, §2 (NEW).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1989, c. 665, §2 (RPR). PL 1993, c. 600, §B15 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2031. Tests reported

§2031. Tests reported
The result of a test must be reported directly to the licensed physician or other person authorized by law who requested it. A report of results issued from a medical laboratory must clearly identify that medical laboratory and the director.   [RR 2009, c. 2, §50 (COR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). RR 2009, c. 2, §50 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2031-A. Itemized billing statements

§2031-A. Itemized billing statements
A medical laboratory that performs services under this Act shall send an itemized billing statement to the patient.   [PL 2011, c. 531, §2 (NEW).]
SECTION HISTORY
PL 2011, c. 531, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2032. Specimens

§2032. Specimens
The following persons may collect or process specimens: licensed health care professionals; designees of licensed health care professionals acting within their scope of practice; and qualified medical laboratory personnel who are authorized by the director of the medical laboratory.   [PL 2011, c. 531, §3 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 2011, c. 531, §3 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2033. Rebates or fee splitting prohibited

§2033. Rebates or fee splitting prohibited
The owner or director of a laboratory licensed under this Act, either personally or through an agent, may not practice in any manner that offers or implies to offer rebates to persons submitting specimens or other fee splitting inducements or participate in any fee splitting arrangement. This applies to contents of fee schedules, billing methods or personal solicitation. The contractual provision of laboratory services for a fixed fee independent of the number of specimens submitted for such services is declared to be a violation of this section.   [PL 2011, c. 531, §4 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1973, c. 179 (AMD). PL 1975, c. 218 (RPR). PL 2011, c. 531, §4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 7: ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF SPECIMENS AND REPORTS OF FINDINGS › 22 §2034. Records

§2034. Records
Records involving laboratory services and copies of reports of laboratory tests shall be kept in a manner satisfactory to the department and shall be available at all times for inspection by its representative.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 8: REVOCATION AND SUSPENSION OF LICENSES › 22 §2035. Denial; revocation

§2035. Denial; revocation
A license may be denied or revoked or the renewal of a license may be denied for any of the following reasons:   [PL 1975, c. 218 (RPR).]
1.  Violation of Act.
Violation of any of the provisions of this Act or the rules and regulations promulgated by the department hereunder;
[PL 1975, c. 218 (RPR).]
2.  Assignment from unauthorized person.
Knowingly accepting an assignment for medical laboratory tests or specimens from and the rendering a report thereon to persons not authorized by law to submit such specimens;
[PL 1975, c. 218 (RPR).]
3.  Conviction.
A conviction of a felony or of any crime involving moral turpitude under the laws of any state or of the United States arising out of or in connection with the operation of a medical laboratory. The record of conviction or a certified copy thereof shall be conclusive evidence of such conviction; or
[PL 1975, c. 218 (RPR).]
4.  Lending name.
Knowingly lending the use of the name of a licensed medical laboratory or its director to an unlicensed medical laboratory.
[PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 8: REVOCATION AND SUSPENSION OF LICENSES › 22 §2036. Hearing

§2036. Hearing
Before suspension or revocation of its license, if requested, a hearing must be held to show cause why a license should not be suspended or revoked.   [PL 1993, c. 600, Pt. B, §16 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1993, c. 600, §B16 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 9: OFFENSES AND PENALTIES › 22 §2037. Offenses

§2037. Offenses
It is unlawful for any person to:   [PL 1975, c. 218 (RPR).]
1.  Unlicensed.
Operate, maintain, direct or engage in the business of operating a medical laboratory, as defined, unless the person has obtained a medical laboratory license from the department; or
[RR 2021, c. 2, Pt. B, §113 (COR).]
2.  Unsupervised.
Conduct, maintain or operate a medical laboratory unless such medical laboratory is under the direct and responsible supervision and direction of the person possessing those qualifications required by Article 6.
[PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1981, c. 470, §A80 (AMD). RR 2021, c. 2, Pt. B, §113 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 9: OFFENSES AND PENALTIES › 22 §2038. Penalties

§2038. Penalties
The performance of any of the acts specified in section 2037 shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than $50 nor more than $500, or by imprisonment for not more than one year, or by both.   [PL 1975, c. 218 (RPR).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 10: INJUNCTIONS › 22 §2039. Injunction

§2039. Injunction
The operation or maintenance of a medical laboratory subject to licensure or any provisions of this Act, in violation of this Act, is declared a nuisance inimical to the public health, welfare and safety. The department, in the name of the people of the State, through the Attorney General, may, in addition to other remedies provided, bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such medical laboratory unless compliance with this Act has been obtained.   [PL 1987, c. 211, §11 (AMD).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1975, c. 218 (RPR). PL 1987, c. 211, §11 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 411: MAINE MEDICAL LABORATORY ACT › Article 11: APPEALS › 22 §2040. Appeal

§2040. Appeal
Any person aggrieved by a decision of the department may appeal to the District Court Judge under Title 5, chapter 375.   [PL 1993, c. 600, Pt. B, §17 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
SECTION HISTORY
PL 1967, c. 380 (NEW). PL 1973, c. 303, §3 (AMD). PL 1975, c. 218 (RPR). PL 1981, c. 470, §A81 (AMD). PL 1993, c. 600, §B17 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 413: HEALTH FACILITIES AUTHORITY › 22 §2051. Title

§2051. Title
This chapter shall be known as, and may be cited as, the "Maine Health and Higher Educational Facilities Authority Act."   [PL 1979, c. 680, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §1 (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 §2052. Declaration of necessity

§2052. Declaration of necessity
It is declared that for the benefit of the people of the State, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that health care facilities within the State be provided with appropriate additional means to expand, enlarge and establish health care facilities and other related facilities; that this and future generations of students be given the fullest opportunity to learn and to develop their intellectual capacities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable health care facilities, institutions for higher education and nonprofit institutions providing an educational program in the State to provide the facilities and structures needed to accomplish the purposes of this chapter, all to the public benefit and good, and the exercise of the powers, to the extent and manner provided in this chapter, is declared the exercise of an essential governmental function.   [PL 2007, c. 354, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1973, c. 713, §1 (AMD). PL 1979, c. 680, §2 (AMD). PL 1991, c. 50, §§1-5 (AMD). PL 1993, c. 390, §1 (AMD). PL 2007, c. 354, §1 (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 §2056. Payment of expenses

§2056. Payment of expenses
All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter.   [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 §2057. Acquisition of property by authority

§2057. Acquisition of property by authority
The authority is authorized and empowered, directly or by and through a participating health care facility, a participating institution for higher education or a participating institution providing an educational program, as its agent, to acquire by purchase or by gift or devise such lands, structures, property, real or personal, rights and air rights, rights-of-way, franchises, easements and other interests in lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State, as it determines necessary or convenient for the construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State, and to take title to lands, including lands lying under water and riparian rights, and air rights, that are located inside or outside the State in the name of the authority or in the name of a participating health care facility, a participating institution for higher education or a participating institution providing an educational program as its agent.   [PL 2007, c. 354, §16 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §14 (AMD). PL 1991, c. 50, §14 (AMD). PL 1993, c. 390, §19 (AMD). PL 2007, c. 354, §16 (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 §2058. Conveyance of title to participating institutions

§2058. Conveyance of title to participating institutions
When the principal of and interest on bonds of the authority issued to finance the cost of a particular project or projects for a participating health care facility, a participating institution for higher education or a participating institution providing an educational program, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions of the bonds, the authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating health care facility, participating institution for higher education or participating institution providing an educational program, free and clear of all liens and encumbrances, all to the extent that title to such project or projects is not, at the time, vested in such participating health care facility, participating institution for higher education or participating institution providing an educational program.   [PL 2007, c. 354, §17 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §15 (AMD). PL 1991, c. 50, §15 (AMD). PL 1993, c. 390, §20 (AMD). PL 2007, c. 354, §17 (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 §2059. Notes of the authority

§2059. Notes of the authority
The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any project, and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available therefor and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.   [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 §2061. Procedure before issuance of bonds

§2061. Procedure before issuance of bonds
Notwithstanding any other provisions of this chapter, the authority is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes hereunder, the authority has determined that:   [PL 1975, c. 264 (RPR).]
1.  Assistance.
Such a project will enable or assist a health care facility to fulfill its obligation to provide health care facilities, an institution for higher education to provide educational facilities within the State or a participating institution providing an educational program to fulfill its mission within the State;
[PL 2007, c. 354, §20 (AMD).]
2.  Review.
Each project for a health care facility has been reviewed and approved to the extent required by the agency of the State that serves as the designated planning agency of the State or by the Department of Health and Human Services in accordance with the provisions of the Maine Certificate of Need Act of 2002, as amended;
[PL 2011, c. 90, Pt. J, §19 (AMD).]
3.  Lease.
Such a project will be leased to, or owned by, a health care facility, institution for higher education or institution providing an educational program inside the State;
[PL 2007, c. 354, §21 (AMD).]
4.  Payment.
Adequate provision has been or will be made for the payment of such project and that under no circumstances will the State be obligated for the payment of such project, or for the payment of the principal of, or interest on, any obligations issued to finance such project; and
[PL 2001, c. 609, §2 (AMD).]
5.  Projects for program of independent housing with services not required to be licensed.
If the project is for a program of independent housing with services that is not required to be licensed under this Title, the participating health care facility has agreed to comply with the requirements applicable to assisted living providers with regard to the standardized contract under section 7862 and residents' rights under section 7853, subsection 6 and rules adopted pursuant to those provisions. This requirement does not apply to the refinancing of an authority loan outstanding on April 1, 2002 or to a project specifically authorized under this chapter.
[PL 2023, c. 405, Pt. A, §53 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1973, c. 713, §7 (AMD). PL 1975, c. 264 (RPR). PL 1979, c. 680, §18 (AMD). PL 1981, c. 455 (AMD). PL 1983, c. 579, §11 (AMD). PL 1991, c. 50, §§18-20 (AMD). PL 1991, c. 584, §5 (AMD). PL 1993, c. 390, §§23-25 (AMD). PL 2001, c. 609, §§1-3 (AMD). RR 2003, c. 2, §71 (COR). PL 2003, c. 469, §C16 (AMD). PL 2003, c. 510, §A16 (AMD). PL 2003, c. 599, §6 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 354, §§20, 21 (AMD). PL 2011, c. 90, Pt. J, §19 (AMD). PL 2023, c. 405, Pt. A, §53 (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 §2062. Trust agreement to secure bonds

§2062. Trust agreement to secure bonds
In the discretion of the authority, any bonds issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, and not in violation of law, including particularly such provisions as have been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this State, which may act as depositary of the proceeds of bonds or of revenues or other moneys, may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a project.   [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 §2063. Credit of State not pledged

§2063. Credit of State not pledged
Bonds and notes issued under this chapter do not constitute or create a debt or debts, liability or liabilities on behalf of the State or of a political subdivision of the State other than the authority or a loan of the credit of the State or a pledge of the faith and credit of the State or of any such political subdivision other than the authority, but are payable solely from the funds provided for the bonds and notes. All such bonds and notes must contain on the face of the bonds and notes a statement to the effect that neither the State nor a political subdivision of the State is obligated to pay the same or the interest on the bonds and notes, except from revenues of the project or the portion of the project for which they are issued and that neither the faith and credit nor the taxing power of the State or of a political subdivision of the State is pledged to the payment of the principal of or the interest on such bonds or notes. The issuance of bonds or notes under this chapter may not directly or indirectly or contingently obligate the State or a political subdivision of the State to levy or to pledge any form of taxation whatever for the bonds and notes or to make an appropriation for their payment. Nothing in this section may prevent nor be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health care facility, participating institution for higher education or participating institution providing an educational program to the payment of bonds or notes or issue of notes or bonds authorized pursuant to this chapter.   [PL 2007, c. 354, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §19 (AMD). PL 1991, c. 50, §21 (AMD). PL 1993, c. 390, §26 (AMD). PL 2007, c. 354, §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 §2065. Trust funds

§2065. Trust funds
All moneys received pursuant to the authority of this chapter whether as proceeds from the sale of bonds or notes or as revenues, are trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this chapter, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust agreement securing such bonds or notes provide.   [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 §2066. Enforcement of rights and duties

§2066. Enforcement of rights and duties
Any holder of bonds, notes, bond anticipation notes, other notes or other obligations issued under this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted under this chapter or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer, employee or agent thereof, including the fixing, charging and collecting of the rates, rents, fees and charges herein authorized and required by such resolution or trust agreement to be fixed, established and collected.   [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 §2067. Exemption from taxation

§2067. Exemption from taxation
The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential governmental function, and neither the authority nor its agent shall or may be required to pay any taxes or assessments upon or in respect of a project or projects or any property acquired, used by the authority or its agent or under the jurisdiction, control, possession or supervision of the same or upon the activities of the authority or its agent in the operation or maintenance of a project or projects under this chapter, or upon income or other revenues received therefrom, and any bonds, notes and other obligations issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, as well as the income and property of the authority, are at all times exempt from taxation of every kind by the State and by the municipalities and all other political subdivisions of the State.   [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 §2068. Bonds declared legal investments

§2068. Bonds declared legal investments
Bonds and notes issued by the authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business, and all other persons whatsoever, who are now or may hereafter be, authorized to invest in bonds or other obligations of the State, may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal or public officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.   [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 §2069. Annual reports

§2069. Annual reports
Within 4 months after the close of each fiscal year of the authority, the executive director of the authority shall prepare and submit a complete financial report to the Governor and to the Legislature, duly audited and certified by the auditor of accounts of the operations and activities of the authority during the preceding fiscal year to be distributed in the same way as state departmental reports. Within 5 months after the close of the authority's fiscal year, the executive director shall prepare and submit to the Legislature a detailed report on the activities of the authority during the preceding fiscal year. The report must contain information concerning the authority's financial and operational activities, including, but not limited to, resolutions, projects, grants, mortgages and loans. The report also must address continuing and potential problems with finances, operations and projects.   [PL 1999, c. 122, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1975, c. 771, §218 (AMD). PL 1999, c. 122, §1 (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 §2071. Source of payment of expenses

§2071. Source of payment of expenses
All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority under this chapter beyond the extent to which moneys shall have been provided under this chapter.   [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 §2072. Agreement of the State

§2072. Agreement of the State
The State pledges to and agrees with the holders of bonds, notes and other obligations issued under this chapter, and with those parties who may enter into contracts with the authority pursuant to this chapter, that the State will not limit, alter, restrict or impair the rights hereby vested in the authority and the participating health care facilities, the participating institutions for higher education and the participating institutions providing an educational program to acquire, construct, reconstruct, maintain and operate a project as defined in this chapter or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the project and to fulfill the terms of any agreements made with the holders of bonds, notes or other obligations authorized and issued by this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, or in any way impair the rights or remedies of the holders of such bonds, notes or other obligations of such parties until the bonds, notes and such other obligations, together with interest on the bonds, notes and other obligations, with interest on any unpaid installment of interest and all costs and expenses in connection with an action or proceeding by or on behalf of the bondholders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this chapter precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes or other obligations of the authority or those entering into such contracts with the authority. The authority is authorized to include this pledge and undertaking for the State in such bonds, notes or other obligations or contracts.   [PL 2007, c. 354, §24 (AMD).]
SECTION HISTORY
PL 1971, c. 303, §1 (NEW). PL 1979, c. 680, §21 (AMD). PL 1993, c. 390, §28 (AMD). PL 2007, c. 354, §24 (AMD).