Title 22

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…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Child-resistant packaging" means packaging meeting the specifications in 16 Code of Federal Regulations, Section 1700.15(b) (2015) and tested by t…

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Characterizing flavor" means a distinguishable taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcohol…

When any source of filth whether or not the cause of sickness is found on private property and determined to be potentially injurious to health, the owner or occupant thereof shall, within 24 hours after notice from the local health officer, at the owner's or occupant's own expen…

Whoever personally or through the agency of another leaves or deposits the carcass of a dead horse, cow, sheep, hog or of any domestic animals or domestic fowl or parts thereof in any place where it may cause a nuisance shall, upon receiving a notice to that effect from the local…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Elementary or secondary school" means any public elementary or secondary school approved in accordance with Title 20‑A, chapter 206, subchapter I.…

1. Title. This law shall be known as the "Workplace Smoking Act of 1985." 2. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Business facility" means a structurally enclosed location or portion the…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings: A. "Enclosed area" has the same meaning as in section 1541, subsection 2; [PL 2009, c. 65, §1 (NEW).] B. "Public place" has the same meaning as in sec…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Minor" means a person who has not reached the age of 21 years, unless the person has attained 18 years of age as of July 1, 2018. [PL 2019, c. 495…

Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related death…

1. "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. 2. "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common …

Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: [PL 1999, c. 401, Pt. U, §1 (NE…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, i…

The purpose of this chapter is to protect the public health; to regulate and license the suppliers of compressed air used in self-contained breathing apparatus; to set up rules and regulations to establish the maximum permissible amount of all contaminants expressed either in per…

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1977, c. 696, §185 (NEW).] 1. Breathing apparatus. "Breathing apparatus" means any breathing device, either high or low pressure, which is used to sustain h…

It is unlawful for any supplier of compressed air to fill or supply any breathing apparatus with life supporting gases in the State of Maine unless licensed to do so by the department. The initial license fee and the annual renewal license fee shall be $10, except that fire depar…

1. Satisfactory inspection. To be eligible for an initial or renewal license, a supplier of compressed air must provide certification from a tester of compressed air based on an inspection in the 6 months prior to application that the compressor equipment, air quality and compres…

All fees shall be collected by the department and remitted to the Treasurer of State and credited to the General Fund.

The department shall have the authority to promulgate rules and regulations as are necessary to promptly and effectively enforce this chapter.

Whoever violates any of the provisions of this chapter or any rules and regulations made thereunder shall be punished by a fine of not less than $100, nor more than $500, or by imprisonment for not more than 6 months, or by both.

No physician, nurse or other person who refuses to perform or assist in the performance of an abortion, and no hospital or health care facility that refuses to permit the performance of an abortion upon its premises, shall be liable to any person, firm, association or corporation…

A person, hospital, health care facility, firm, association, corporation or educational institution, directly or indirectly, may not discriminate against a physician, nurse or other person by refusing or withholding employment from or denying admittance, when that physician, nurs…

1. Prohibition. A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any product of conception considered live born, for scientific experimentation or for any form of experimentation. 2. Consenting, aiding or assisti…

Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the responsible party or parties to Maine law governing homicide, manslaughte…

"Live born" and "live birth," as used in this chapter, shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion …

1. Policy. It is the public policy of the State that the State not restrict a woman's exercise of her private decision to terminate a pregnancy before viability except as provided in section 1597‑A. It is also the public policy of the State that all abortions may be performed onl…

1. Consent by the woman. A health care professional, as defined in section 1596, subsection 1, paragraph C, may not perform an abortion unless, prior to the performance, the health care professional certifies in writing that the woman gave her informed written consent, freely and…

1. Hazard. The Legislature finds that mass outdoor gatherings frequently create a hazard to the public health, safety and peace. Accordingly, it is deemed to be appropriate and in the interest of the public welfare to regulate the conduct of such gatherings in order to protect th…

1. Written application. The Commissioner of Health and Human Services shall issue a permit for a mass outdoor gathering upon receipt of a written application therefor unless, after the consideration of the factors listed in subsection 2, it appears to the commissioner within a re…

The Department of Health and Human Services may also require, prior to the issuance of a permit, that the applicant furnish to the department a bond of a surety company qualified to do business in this State in such an amount as the department shall determine, but in no event mor…

The fee for reviewing an application is $100 and must accompany the application, and the fee for a permit is a maximum of $750 and must be submitted promptly when requested by the department. Travel costs may also be charged to the applicant for department inspectors providing he…

Any person violating any provision of this chapter, or any rule and regulation issued pursuant thereto, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 11 months, or by both.

This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4, or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapters 11 and 18.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 436 (NEW).] 1. Fence. "Fence" means a good quality fence or wall not less than 4 feet in height above ground surface and of a character to exclude childr…

A fence shall be erected and maintained around every swimming pool, except that portable above-ground swimming pools with sidewalls of at least 24 inches in height are exempted. A dwelling house or accessory building may be used as part of this enclosure. All gates or doors openi…

A person who does not comply with this chapter within 30 days after receiving written notice that the person is in violation of its provisions commits a civil violation for which a fine of not more than $500 may be adjudged. Each day a violation continues is a separate violation.

Nothing in this chapter may be construed as a preemption by the State. Municipalities may adopt and enforce swimming pool enclosure ordinances, or enforce existing ordinances, that are either less restrictive or more restrictive than this chapter, or that concern matters not deal…

1. Use of safety equipment by persons who suffer from physical disability or condition. No person may prohibit the use of a life jacket or similar device in a public swimming pool by any person who suffers, as evidenced by a signed statement of a licensed physician, from any phys…

The Department of Human Services shall establish, maintain and operate an information and referral service for Parkinson's Syndrome to assist in promoting the general health and welfare of Maine's citizens, including, but not limited to, the following specific purposes: [PL 1985,…

The department shall establish, maintain and operate an information service for Down syndrome. For the purposes of this section, "Down syndrome" means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chr…

1. Report contents. The Maine Center for Disease Control and Prevention shall, on an ongoing basis, monitor, review and evaluate Lyme disease and other tick-borne illnesses in this State and shall submit an annual report in accordance with this subsection and subsection 2. The re…

1. Definition. For the purposes of this section, "health care provider" means a physician, hospital or person that is licensed or otherwise authorized in this State to provide health care services. 2. Lyme disease testing information disclosure. Every health care provider that or…

For the purpose of identifying persons who have been exposed to the potential hazards and afflictions of diethylstilbestrol and for the purpose of educating the public concerning the symptoms and prevention of associated malignancies, the Commissioner of Health and Human Services…

The Commissioner of Health and Human Services shall actively seek providers of health care to participate in regional programs which provide public information and screening for diethylstilbestrol exposed persons. In determining regional screening program providers, the commissio…