Title 22

The commissioner shall establish a lead poisoning risk assessment and blood lead level testing program, referred to in this section as the "program," for assessment of lead poisoning risks to children and the testing of blood lead levels in children in accordance with this sectio…

1. Annual screening required. The department shall require a child care facility and the premises of a family child care provider as defined in chapter 1673 and a nursery school as defined in chapter 1675 to have an annual screening for potential lead hazards. If potential lead h…

1. Laboratories. Except as provided in subsection 2, a blood sample taken from a child by a health care provider or laboratory to test for blood lead level must be sent to the Health and Environmental Testing Laboratory for analysis. 2. Facilities approved by the department. The …

Any authorized representative of the department, upon presenting the appropriate credentials to the owner or occupant, or a representative of either, may inspect any dwelling unit or child-occupied facility at reasonable times for the purpose of ascertaining the presence of lead-…

Except in the case of an owner-occupied, single-family residence, the department shall within 30 days inspect all dwelling units in a dwelling when: [PL 1999, c. 276, §12 (AMD).] 1. Lead poisoning found. A case of lead poisoning has been found in any dwelling unit within the dwel…

If the department determines that an environmental lead hazard exists in or on any dwelling, premises, residential child-occupied facility, child care facility, premises of a family child care provider or nursery school: [PL 2005, c. 530, §4 (AMD).] 1. Notice posted. The departme…

A person may not knowingly rent a dwelling that has been posted and ordered cleared of harmful lead-based substances in accordance with section 1321, except when waived by the department in accordance with this section. In circumstances where the presence of lead-based paint or b…

By July 1, 1993, the department shall adopt rules regarding the analysis of lead in environmental media, including, but not limited to, air, dust, soil, paint, pewter, pottery and water and shall establish a program to certify laboratories that perform lead analysis to ensure tha…

1. Fund established. The Lead Poisoning Prevention Fund, referred to in this section as "the fund," is established within the department as a nonlapsing fund for the purposes specified in this section. 2. Sources of fund. The fund is funded from all fees collected under section 1…

1. Fee imposed. Beginning July 1, 2006, a fee is imposed on manufacturers or wholesalers of paint sold in the State to support the Lead Poisoning Prevention Fund under section 1322‑E. The fee must be imposed at the manufacturer or wholesaler level, and until June 30, 2026, the fe…

The department shall adopt rules to carry out the purposes of this chapter and to ensure that state law relating to lead poisoning satisfies minimum requirements of federal law in all respects. The rules may address, but are not limited to, the following: [PL 1995, c. 453, §15 (A…

Nothing in this chapter shall be interpreted or applied in any manner to defeat or impair the right of any person, entity, municipality or other political subdivision to maintain an action or suit for damages sustained or equitable relief or for violation of an ordinance by reaso…

A person who violates any section of this chapter or rules adopted pursuant to this chapter commits a Class E crime. In addition, other than for a violation covered under section 1316‑A, the department may, in accordance with Title 5, chapter 375, subchapter 4, impose an administ…

If the lead-based substance remains an environmental lead hazard at the expiration of 30 days or at the expiration of an extension given by the commissioner pursuant to section 1321, that is a violation of this chapter and the State, in addition to any other remedies it has, may …

Notwithstanding any other provision of law, an owner of a building constructed prior to 1978 that is rented for residential purposes or used as a preschool facility may perform essential maintenance practices as defined under rules of the Department of Environmental Protection, c…

1. Display of poster; availability of brochure. A retailer, store or commercial establishment that offers paint or other supplies intended for the removal of paint shall display a poster in a prominent and easily visible location and make available to its customers brochures cont…

The department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters whenever the federal Department of Health and Human Services, Centers for Disease Control and Prevention adopts a new blood lead reference lev…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Lead-based paint" has the same meaning as in Title 38, section 1291, subsection 16. [PL 2023, c. 147, §2 (NEW).] B. "Residential dwelling" has the…

1. Certification of programs. The Maine Center for Disease Control and Prevention may certify hypodermic apparatus exchange programs that meet the requirements established by rule under subsection 2, paragraphs A to D. A. The Maine Center for Disease Control and Prevention may li…

1. Grant program established. The Biohazard Waste Disposal Grant Program, referred to in this section as "the program," is established to fund hypodermic apparatus mitigation and collection efforts in community settings. The Maine Center for Disease Control and Prevention shall a…

1. Designation. The Maine Poison Center, located at the Maine Medical Center, is the official state poison control center. 2. Services. The Maine Poison Center shall provide clinical toxicology services through critical expertise and assistance in the diagnosis and management of …

The department is authorized to make investigations concerning cancer, the prevention and treatment thereof, and the mortality therefrom, and to take such action as it may deem will assist in bringing about a reduction in the mortality due thereto.

All hospitals and other health care facilities providing screening, diagnostic or therapeutic services with respect to cancer shall report to the Department of Health and Human Services all persons diagnosed as having a malignant tumor or certain benign tumors as determined by ru…

The Department of Health and Human Services shall establish, maintain and operate a statewide cancer-incidence registry.

The Maine Cancer Registry Data Review Committee, referred to in this section as the "committee," is established. The committee is appointed and convened by the Bureau of Health to review and advise the administrators of the statewide cancer-incidence registry established in secti…

The department shall report data from the cancer-incidence registry established pursuant to section 1404, including personally identifying medical or protected health information, to the Maine Health Data Organization in accordance with the joint rule adopted pursuant to section …

1. Program established. The Bureau of Health shall establish a cancer prevention and control program to provide leadership for and coordination of cancer prevention, research and treatment activities. The program may include, but is not limited to: A. Monitoring cancer prevalence…

The Breast Cancer Services Special Program Fund, referred to in this section as "the fund," is established in the Maine Center for Disease Control and Prevention, referred to in this section as "the center." Balances in the fund may not lapse but must be carried forward and used …

1. Fund established. The Maine Children's Cancer Research Fund, referred to in this section as "the fund," is established as a nonlapsing fund to support children's cancer research by individuals and organizations determined to be eligible according to rules adopted by the depart…

The Maine Center for Disease Control and Prevention shall establish, maintain and operate a statewide amyotrophic lateral sclerosis incidence registry, referred to in this chapter as "the registry."

A physician, surgeon, nurse practitioner, physician associate or other health care practitioner and a hospital or other health care facility that screens for, diagnoses or provides therapeutic services to patients with amyotrophic lateral sclerosis shall report to the department …

Information that directly or indirectly identifies individual persons contained within the registry is confidential and protected by applicable law, including section 42, subsections 2 and 5 and chapters 401 and 857. Information within the registry may be disclosed in aggregated,…

The department shall prepare and submit to the Governor annual reports containing statewide prevalence and incidence estimates of amyotrophic lateral sclerosis, including any trends occurring over time across the State. The reports may not contain any information that directly or…

The department shall adopt rules to implement this chapter, including, but not limited to, rules governing the operation of the registry, reporting to the registry and data release protocols. Rules adopted pursuant to this section are routine technical rules as defined in Title 5…

Beginning January 1, 2022, the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters on…

1. Office established. The Office of Violence Prevention, referred to in this section as "the office," is established within the Maine Center for Disease Control and Prevention to coordinate and promote effective efforts to reduce violence in the State, including, but not limited…

1. Declaration of public health nuisance. The Director of the Bureau of Health may declare that an infestation of browntail moths is a public health nuisance. The declaration may be made on the director's own initiative or on petition to the director by municipal officers in a mu…

The department is the lead agency for monitoring for mosquito-borne diseases in the State and determining the severity of the threat to the public health. The Maine Center for Disease Control and Prevention shall create and maintain an arboviral illness surveillance, prevention a…

For the purpose of assuring to the public the benefits to be derived from the safe, scientific and proper use of chemical pesticides while safeguarding the public health, safety and welfare, and for the further purpose of protecting natural resources of the State, it is declared …

1. Board established. The Board of Pesticides Control is established by Title 5, section 12004‑D, subsection 3, within the Department of Agriculture, Conservation and Forestry. Except as provided in this chapter, the board must be composed of 7 members, appointed by the Governor,…

As used in this chapter, the following words have the following meanings. [PL 1983, c. 819, Pt. A, §40 (NEW).] 1. Agricultural commodity. "Agricultural commodity" means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vine…

1. Certification required; commercial applicators and spray contracting firms. Certification is required for commercial applicators and spray contracting firms as follows. A. No commercial applicator may use or supervise the use of any pesticide within the State without prior cer…

No person shall apply or cause to be applied a pesticide to the waters of the State without obtaining a waste discharge license from the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter I, Article 2.

No person shall apply pesticides to any area of the State which the board has determined to be a critical area, except to the extent such application is within the limits prescribed by the board in establishing the area.

1. Pesticide dealers to maintain certain records. All pesticide dealers shall maintain records of pesticide distribution for a period of at least 2 years and shall provide such reports and information as the board may, by regulation, require. 2. Applicators and firms to maintain …

Upon presentation of appropriate credentials, the chair or any member of the board or any authorized employee or consultant of the board may enter upon any public or private premises at reasonable times for the purpose of inspecting any equipment, device or apparatus used in appl…