Title 22, Title 22

This chapter may be cited as the 1979 Dental Health Education Act.

For the purposes of this chapter, unless the context otherwise indicates, dental health education shall mean the provision of printed curricula, audio-visual aids, toothbrushes, floss, disclosing tablets, topical and systemic fluorides and necessary permanent equipment to maintai…

The Department of Health and Human Services shall provide to any public school system or private educational system financial reimbursement for the costs of providing dental health education to children. [PL 1979, c. 522, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] The Division …

The department shall promulgate rules and regulations outlining procedures for prior approval before materials in the definition of dental health education are purchased. The department may also promulgate rules and regulations to further define terms in this chapter and such oth…

1. Access to quality oral health services. The department shall develop access to quality oral health services for low-income residents with emphasis on underserved areas or populations by encouraging the development or expansion of community-operated, nonprofit oral health care …

The commissioner, in consultation with the Commissioner of Education, shall administer a grant program to promote oral health assessments of children entering elementary school and facilitate the provision of care for those students identified as in need of dental services. [PL 2…

1. Registration; renewal. A temporary nurse agency shall register with the department and renew the registration annually. In the event of a change of ownership, operation or location of the temporary nurse agency, the temporary nurse agency shall update the registration in accor…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 621, §5 (NEW).] 1. Hire, employ or place. “Hire, employ or place” means to recruit, select, train, declare competent, schedule, direct, define the scope …

Beginning October 1, 2010, a temporary nurse agency, prior to hiring, employing or placing an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, sha…

A temporary nurse agency shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in …

1. Complaint investigation. The department is authorized to investigate complaints against a temporary nurse agency to ensure compliance with this chapter. 2. Injunctive relief. Notwithstanding any other remedies provided by law, the Attorney General may seek an injunction to req…

1. Short title. This chapter may be known and cited as "the Maine Death with Dignity Act." 2. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Adult" means a person who is 18 years of age or older. …

The Legislature finds that licensure of all agencies and organizations providing home health services is desirable and it is the purpose of this chapter to protect the public and assure that home health services are provided under standards of safety, efficiency and quality. [PL …

As used in this chapter, the following terms have the following meanings. [PL 1983, c. 570 (NEW).] 1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. 1-A. Certified nurse practitioner. "Certified nurse practitioner" has the same meaning as in sec…

Effective July 1, 1984, no home health care provider may provide home health services without having, subject to this chapter and to the rules promulgated by the department under this chapter, a written license therefor from the department.

1. Types of licenses. The department shall issue the following types of licenses, as follows. A. A provisional license shall be issued by the department to an applicant who: (1) Has not previously operated as a home health care provider or is licensed but has not operated during …

Standards shall be developed as follows. [PL 1983, c. 570 (NEW).] 1. Standards for licensing of all home health care entities. The commissioner shall develop, no later than one year of the date of enactment of this chapter, standards for the licensing of all home health care enti…

Each application for a license under this chapter must be accompanied by the fee established by the department. The fee is not refundable. All fees received by the department under this chapter must be paid into the State Treasury to the credit of the department for the purpose o…

The following are exempt from the provisions of this chapter: [PL 1983, c. 570 (NEW).] 1. Hospice organizations; volunteer services. Hospice organizations in which services are provided substantially by volunteers; 2. Families, friends and neighbors. Families, friends and neighbo…

The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any home health care provider who has applied for a license or who is licensed pursuant to this chapter at any reasonable time and, upon demand, have the…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Home health care provider" means an organization designated as a home health agency under rules of the department or certified by Medicare for del…

The requirements of this section apply to home health care providers required to be licensed under this chapter. [PL 2003, c. 634, §4 (NEW).] 1. Policies and procedures. A home health care provider shall develop and implement written policies and procedures that prohibit abuse, n…

Notwithstanding section 2147, subsection 2, a parent of a child who is eligible for home health aide services under the MaineCare program may receive reimbursement for providing those services to the child pursuant to this section and according to department rule. Rules adopted p…

Any home health care provider that provides services for which a license is required without obtaining a license commits a civil violation and is subject to a civil penalty for which a forfeiture of $100 may be adjudged. Each day constitutes a separate violation.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automated external defibrillator" or "AED" means a medical device that combines a heart monitor and a defibrillator approved by the United States …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 231, §1 (NEW).] 1. Administer. "Administer" means to apply an epinephrine autoinjector directly to a human body. 2. Authorized entity. "Authorized entity…

1. Prescribing to an authorized entity permitted. A health care practitioner may prescribe epinephrine autoinjectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine autoinjectors p…

This subchapter shall be known and may be cited as the "Maine Food Law."

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §146 (AMD).] 1. Advertisement. "Advertisement" means all representations disseminated in any manner or by any means, other than by l…

The authority to promulgate, in a manner consistent with the Maine Administrative Procedure Act, regulations for the efficient enforcement of this subchapter is vested in the Commissioner of Agriculture, Conservation and Forestry. The commissioner is authorized to make the regula…

The following information is confidential and may not be disclosed to the public: [PL 2009, c. 393, §9 (NEW).] 1. United States Department of Agriculture, Food Safety and Inspection Service. Information provided to the department or to any employee of the department by the United…

Whenever in the judgment of the Commissioner of Agriculture, Conservation and Forestry such action will promote honesty and fair dealing in the interest of consumers, the commissioner shall promulgate regulations fixing and establishing for any food or class of food a reasonable …

1. Prohibitions. A person may not: A. Manufacture, sell or deliver, hold or offer for sale any food that is adulterated or misbranded; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having previously violated this subsection; […

A food shall be deemed to be adulterated: 1. Poisonous or deleterious substance. A. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adult…

A food shall be deemed to be misbranded: 1. False or misleading label. If its labeling is false or misleading in any particular; 2. Sale under another name. If it is offered for sale under the name of another food or under a name not permitted by Title 12, section 6112, for produ…

Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, must be deemed to be unsafe for purposes of the application of section 2156, subsection 1, paragraph B;…

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hem…

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain adult use cannabis are not considered to be adulterated under this subchapter based solely on the inclusion of adult use cannabis. For the purposes of this section, "adult use…

Whenever a duly authorized agent of the Commissioner of Agriculture, Conservation and Forestry finds or has reason to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this subchapter, the duly authorized agent of the c…

Nothing in this subchapter shall be construed as requiring the Commissioner of Agriculture, Conservation and Forestry to report for the institution of proceedings under said subchapter minor violations of said subchapter, whenever the commissioner believes that the public interes…

No person, firm or corporation engaged in the business of freezing, storing or transporting frozen foods shall store or transport such foods within this State unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under te…

The Commissioner of Agriculture, Conservation and Forestry shall, upon application for permit and receipt of such fee as the commissioner considers necessary from any food packer or processor, inspect all operations of the packer or processor for compliance with this subchapter a…

A person, firm, corporation or officer, agent or employee thereof within the State may not transport, receive for transportation, sell or offer for sale or distribution any equine meat or food products thereof or serve, expose or offer for sale or distribution, either in any publ…

The Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent must have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerc…

In addition to the remedies provided, the Commissioner of Agriculture, Conservation and Forestry is authorized to apply to the Superior Court and such court has jurisdiction upon hearing and for cause shown to grant a preliminary or permanent injunction restraining any person fro…

A person, firm, corporation or copartnership may not operate a food establishment or a food salvage establishment or act as a salvage broker unless licensed for that purpose by the commissioner. In the case of retail food establishments, licenses issued must be made available at …