Title 22

For the purposes of this chapter, the word "child" means any person who has not attained the age of 22 years.

The department, through its Bureau of Health, is authorized to administer a program of services for children who are disabled or who are suffering from conditions that lead to a disability, and to supervise the administration of those services included in the program that are not…

This Act may be cited as the "Maine Medical Laboratory Act."

The proper operation of medical laboratories within the State is a matter of vital concern, since they provide essential health services by aiding medical practitioners in the diagnosis and treatment of disease. It is the purpose of this Act to develop, establish and enforce mini…

In general, this Act applies to all medical laboratories and directors of medical laboratories operating in the State. [PL 1989, c. 72, §2 (NEW).] 1. Exemptions. Subject to the limitations set forth in subsections 2 and 3, the following entities are exempted from the provisions o…

For the purposes of this Act, the following words and phrases have the meanings ascribed to them unless the context otherwise requires. [PL 1975, c. 218 (RPR).] 1. Commission. 2. Department. "Department" means the Department of Health and Human Services of the State of Maine. 3. …

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 …

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; immunol…

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…

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 the…

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…

Fees required under this Act may not be returned to the applicant or licensee under any circumstances.

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.

A licensee may obtain a duplicate copy of the license upon payment of $2 to the department.

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 person…

The department shall adopt a schedule of fees by rulemaking to implement provisions of this chapter.

The department is authorized to inspect the premises and operations of all medical laboratories, subject to licensure or any provisions under this Act.

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 a…

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. Ce…

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. 2. Exceptions. Notwithstanding this section,…

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.

A medical laboratory that performs services under this Act shall send an itemized billing statement to the patient.

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 laborato…

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 arra…

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.

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; 2. Ass…

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.

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 2. Unsupervised. Conduc…

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.

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 Attorne…

Any person aggrieved by a decision of the department may appeal to the District Court Judge under Title 5, chapter 375.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 658, §1 (NEW).] 1. Agreement. "Agreement" means a written document executed between an ESRD facility and another facility in which the other facility agr…

1. Licensing and certification required. The following licensing and certification requirements apply to ESRD facilities. A. Beginning January 1, 1999, a person, partnership, association or corporation may not represent itself as an ESRD facility, operate as an ESRD facility or o…

This chapter shall be known as, and may be cited as, the "Maine Health and Higher Educational Facilities Authority Act."

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 m…

As used in this chapter, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent. [PL 1971, c. 303, §1 (NEW).] 1. Authority. "Authority" means the Maine Health and Higher Educational Facilities Authority …

1. Authority. The Maine Health and Higher Educational Facilities Authority, established by Title 5, chapter 379, is constituted a public body corporate and politic and an instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is de…

The purpose of the authority is to assist participating health care facilities, participating institutions providing an educational program and participating institutions for higher education in the undertaking of projects and the refinancing of existing indebtedness that are dec…

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.

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 …

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, …

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 …

1. Negotiable. The authority is authorized from time to time to issue its negotiable bonds for the purpose of financing all or a part of the cost of any projects authorized hereby. In anticipation of the sale of such bonds, the authority may issue negotiable bond anticipation not…

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 …

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. S…

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 t…