Title 22, Title 22

It is the policy of the State to work to find ways to use the minimum amount of pesticides needed to effectively control targeted pests in all areas of application. The agencies of the State involved in the regulation or use of pesticides shall promote the principles and the impl…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Health care practitioner. "Health care practitioner" has the same meaning as set forth in Tit…

In addition to the ability to consent to treatment for health services as provided in sections 1823 and 1908 and Title 32, sections 2595, 3292, 3817, 6221 and 7004, a minor may consent to treatment for substance use disorder or for emotional or psychological problems.

A minor may consent to give blood if the minor is at least 17 years of age, notwithstanding any other provision of law.

A minor may give consent to all medical, mental, dental and other health counseling and services if the minor: [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Living separately; independent of parental support. Is living separately from parents or a legal…

1. Consent by a surrogate; notice of need for health care. A surrogate may give consent for health care for a minor except that a surrogate may not withhold or withdraw life-sustaining treatment or deny surgery, procedures or other interventions that are life-saving and medically…

1. Reliance on minor's consent. A health care practitioner or health care provider who takes reasonable steps to ascertain that a minor is authorized to consent to health care as authorized in section 1503 and who subsequently renders health care in reliance on that consent is no…

1. Confidentiality. Except as otherwise provided by law, a minor who may consent to health care services, as provided in this chapter or by other provision of law, is entitled to the same confidentiality afforded to adults. 2. Parental notification. A health care practitioner or …

Unless the parent or guardian expressly agrees to assume full or partial responsibility, a minor who consents to health care services as provided in this chapter is responsible for the costs of those services. A minor may not be denied benefits or services to which the minor is e…

Notwithstanding the limitations set forth in section 1503 or the existence of a surrogate described in section 1503‑A, a minor may consent to health services associated with a sexual assault forensic examination to collect evidence after an alleged sexual assault.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Gender-affirming hormone therapy" means nonsurgical, medically necessary health care that respects the gender identity of the patient, as experien…

1. Fund established. The Fund for a Healthy Maine, referred to in this chapter as the "fund," is established for the purposes specified in this chapter as a separate and distinct fund for accounting and budgetary reporting purposes. 2. Sources of fund. The State Controller shall …

1. Prophylactic ophthalmic ointment and reporting requirement. Every physician, midwife or nurse in charge shall instill or cause to be instilled into the eyes of an infant within 24 hours after its birth prophylactic ophthalmic ointment. If one or both eyes of an infant become r…

The department shall require hospitals, birthing centers and other birthing services to test newborn infants, or to cause them to be tested, by means of blood spot screening for the presence of treatable congenital, genetic or metabolic conditions that may be expected to result i…

1. Purpose; program. A voluntary statewide genetics program is established, which offers testing, counseling and education to parents and prospective parents. The program shall include, but not be limited to, the following services: A. Follow-up programs for newborn testing, with…

1. Cytomegalovirus screening. The department shall establish a cytomegalovirus screening program for newborn infants. 2. Religious objection exemption. The department may not require that a newborn infant be tested for the presence of cytomegalovirus if the parents of that infant…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).] 1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking…

1. Prohibition. Smoking is prohibited in all enclosed areas of public places, including bus shelters, in outdoor eating areas as provided in section 1550 and in all rest rooms made available to the public. In the case of a child care facility that is not home-based, smoking is al…

Signs must be posted conspicuously in buildings where smoking is regulated by this chapter. Designated areas must have signs that read "Smoking Permitted" with letters at least one inch in height. Places where smoking is prohibited must have signs that read "No Smoking" with lett…

A person may not discharge, refuse to hire, discipline or otherwise retaliate against any person who pursues any remedy available to enforce the requirements of this chapter.

A person who violates any provision of this chapter commits a civil violation for which a fine of $100 may be adjudged, except that a fine of up to $1,500 may be adjudged for each violation of this chapter in cases when a person engages in a pattern of conduct that demonstrates a…

A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian, regardless of whether smoking is allowed in that store. [PL 2005, c. 223, §3 (NEW).]Revisor's Note: §1547. Enforcement (As…

The Attorney General may bring an action to enforce this chapter in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of …

1. Definition. As used in this section, "outdoor eating area" means a patio, deck or other property that is partially enclosed or open to the sky that is permitted for outdoor eating or drinking under the control of an eating establishment, as defined in section 2491, subsection …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] 1. Cigarette paper. "Cigarette paper" means those papers or paper-like products used to roll cigarettes, whic…

1. (TEXT EFFECTIVE UNTIL 1/05/26) Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, to sell, keep for sale or give away in th…

1. Application process; license fees. An applicant for an annual retail tobacco license shall file an application in the form required by the department. The department shall make provisions for applications under this section. The department shall determine annually by rulemakin…

1. Production of licenses. A licensee shall make available a copy of the license on the premises for inspection by the commissioner, the commissioner's representatives and agents or authorized municipal officials. 2. Display of prohibition against sales to persons who have not at…

Except as otherwise provided in this section, a license or any interest in a license may not be sold, transferred, assigned or otherwise subjected to control by any person other than the licensee. If the business or any interest in the business connected with a licensed activity …

In addition to the tobacco license required in section 1551‑A, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] 1. Vending requirements. When the sale of …

1. Prohibition. A person may not: A. Sell cigarettes except in the original sealed package in which they were placed by the manufacturer, which may not be smaller than 20 cigarettes per package; or [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Sell ciga…

1. (TEXT EFFECTIVE UNTIL 1/05/26) License required. A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1. 1. (TEXT EFFECTIVE 1/05/26) License req…

A licensee may refuse to sell tobacco to any person who fails to display upon request an identification card issued under Title 29‑A, section 1410 or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A.

1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee who is 17 years of a…

The following requirements apply to delivery sales of premium cigars within the State beginning October 1, 2009. [PL 2009, c. 398, §3 (AMD); PL 2009, c. 398, §6 (AFF).] 1. License required. It is unlawful for any person to accept an order for a delivery sale of premium cigars to …

A person may not knowingly transport or cause to be delivered to a person in this State a tobacco product purchased from a person who is not licensed as a tobacco retailer in this State, except that this provision does not apply to the transportation or delivery of tobacco produc…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agent" means any person licensed by the State Tax Assessor to purchase and affix stamps on packages of cigarettes. [PL 2007, c. 253, §1 (NEW); PL …

1. Prohibition against delivery sales to consumers. The following requirements apply to delivery sales of tobacco products within the State. A. A tobacco product may not be shipped to anyone other than a licensed tobacco distributor or licensed tobacco retailer in this State. [PL…

Except as otherwise provided in this section, nothing in this chapter affects the authority of municipalities to enact ordinances or regulations that are more restrictive than this chapter. [PL 1997, c. 63, §1 (AMD).] When a municipality intends to consider an ordinance or regula…

The provisions of this chapter and Title 36, section 4366‑C may be enforced by law enforcement officers as defined by Title 17‑A or by individuals hired by contract with the department to enforce this law. [PL 1999, c. 616, §1 (AMD).] 1. Contract officers. The authority of contra…

1. Jurisdiction. The District Court, pursuant to the Maine Administrative Procedure Act, shall conduct hearings on all matters concerning violations by tobacco licensees of any state law related to tobacco sales. Notwithstanding Title 5, chapter 375, subchapter 6, the District Co…

The District Court may impose fines or revoke or suspend licenses for the following causes: [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] 1. Violation of law or infraction of rule. Violation of state…

1. Violation of law or rule. Upon discovering a violation of state law or rule related to retail tobacco sales, the commissioner or the commissioner's designee shall: A. Report the violation to the District Court in a signed complaint; or [PL 1995, c. 470, §9 (NEW); PL 1995, c. 4…

1. Court record. The District Court shall keep a full and complete record of all proceedings before the court of any enforcement actions or on the revocation and suspension of any license issued by the department. The District Court is not required to have a transcript of the tes…

1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending a license issued by the department or by refusal of the department to issue a license applied for may appeal to …

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Nicotine water" means water that is sold in the State, that is intended for human consumption and that contains as an added ingredient nicotine…