Title 22

The Department shall promulgate such rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, as it deems necessary to carry out the purposes of this subchapter, including, but not limited to, rules regarding the time and manner in which mun…

1. Prohibition. Except as otherwise provided in this section, a person may not transport water for commercial purposes by pipeline or other conduit or by tank vehicle or in a container, greater in size than 10 gallons, beyond the boundaries of the municipality or township in whic…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 330, §1 (NEW).] 1. Bottler. "Bottler" means a person that extracts water in this State to be sold as bottled water. 2. Community water system. "Commun…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 410, Pt. DD, §4 (NEW).] 1. Commission. "Commission" means the Maine Public Drinking Water Commission. 2. Community water system. "Community water syst…

A bottler shall comply with the provisions of this section. [PL 2023, c. 330, §1 (NEW).] 1. Initial testing. A bottler shall conduct initial testing for the level of PFAS applicable to a community water system detectable using standard laboratory methods established by the United…

The Maine Public Drinking Water Commission as established by Title 5, section 12004‑I, subsection 47‑C, is created within the department. [PL 1995, c. 462, Pt. A, §42 (AMD).] 1. Membership. The commission consists of the commissioner or the commissioner's designee and 8 other mem…

Annually, by January 1st, the commissioner shall submit to the commission a work plan and budget, listing all funding sources including but not limited to appropriations from the General Fund and allocations from the United States Environmental Protection Agency that are used for…

In addition to fees authorized under Title 22‑A, section 210, the commissioner may impose an annual operation fee upon each public water system in the State. [PL 2023, c. 405, Pt. A, §60 (AMD).] 1. Rules. The department shall establish fee formulas by rules adopted in accordance …

The Public Drinking Water Fund is established as an interest-bearing dedicated revenue account. All interest earned by the account becomes part of the fund. All fees collected by the commissioner under this subchapter must be deposited into the fund. Any balance remaining in the …

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Water treatment company" means a company that installs or services water treatment equipment. [PL 2023, c. 164, §1 (NEW); RR 2023, c. 1, Pt. A,…

This subchapter must be enforced by the department in accordance with section 2617.

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 230, §3 (NEW).] 1. Private drinking water well. "Private drinking water well" has the same meaning as in Title 38, section 1392, subsection 8.

The department shall develop a uniform recommendation for the testing for specific contaminants or properties for which residential private drinking water wells should periodically be tested. The uniform recommendation must specify contaminants or properties that should be includ…

Except as provided in section 2602‑A, subsection 3, the Health and Environmental Testing Laboratory established in section 565 shall collect a fee not to exceed $10 from a person or entity ordering a water test for a water sample from a residential private drinking water well. Th…

Within available resources, the department shall revise and update its education and outreach materials as needed and conduct educational outreach regarding residential private drinking water wells, including the need to conduct testing for contaminants or properties specified pu…

1. Fund established. The Private Well Safe Drinking Water 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 se…

The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A necessary to administer and enforce this subchapter. The rules may address, but are not limited to, testing recommendations for contaminants or properties specified pursuant to sec…

Beginning January 1, 2022 and every 5 years thereafter, a landlord of a residential building shall test the water for arsenic and other contaminants or properties specified pursuant to section 2660‑T in each private drinking water well used to provide water to a tenant of the lan…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Environmental Protection. [PL 2025, c. 321, §1 (NEW).] B. "Perfluoroalkyl and polyfluoroalkyl substances" or "…

The purpose of this chapter is to provide minimum requirements and standards for the protection of the public health, safety and welfare of persons using public pools or spas.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 150 (NEW).] 1. Communicable disease. "Communicable disease" is a disease capable of being transmitted from one person to another. 2. Department. "Departm…

1. Public pool or spa; existing use. Any public pool or spa installed prior to September 19, 1985, may have its existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to the public healt…

The department may adopt and enforce rules necessary to protect public health and safety and carry out the provisions of this chapter relating directly to the safe and sanitary design, construction and operation of public pools and spas.

A person may not begin construction of a public pool or spa or substantially alter or reconstruct any public pool or spa without first having submitted plans and specifications to the department for review and approval. The department review is limited to matters relating directl…

1. Employment; communicable disease. 2. Nuisance. Any public pool or spa found to be unsanitary, as defined by the department's rules, is declared to be a nuisance. 3. Supervision. Every public pool or spa must be under the supervision of a person as defined in standards by Ameri…

The department may conduct the inspections as it considers necessary to ensure compliance with the provisions of this chapter and has right of entry at any reasonable hour to public pools or spas for this purpose.

The department may close any public pool or spa for failure to comply with the provisions of this chapter. [PL 2007, c. 631, §10 (AMD).] Before closing a public pool or spa, the department shall issue a notice in writing enumerating instances of failure to comply with the law or …

The department may seek injunctive or other appropriative judicial relief for violations of any provisions of this chapter.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 418, §1 (NEW).] 1. Eligible patient. "Eligible patient" means a person who has: A. Received a diagnosis of a terminal illness for which no standard treat…

A manufacturer of an investigational drug, biological product or device may make available the investigational drug, biological product or device to an eligible patient. [PL 2015, c. 418, §1 (NEW).] 1. Compensation. A manufacturer may provide an investigational drug, biological p…

A licensing board may not revoke, refuse to renew or suspend the license of or take any action against a health care practitioner as defined in Title 24, section 2502, subsection 1-A based solely on the health care practitioner's recommendations to an eligible patient regarding a…

1. Violation. An official, employee or agent of the State may not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. 2. Medical standards of care. This section does not prohibit an official, employee or agent of the St…

This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product or device fo…

This chapter does not affect the mandatory health care coverage for participation in clinical trials pursuant to Title 24-A, section 4310.

This chapter does not require a health care practitioner who is licensed in the State or a health care provider that is licensed in the State to provide any service related to an investigational drug, biological product or device.

The Maine Rx Plus Program, referred to in this subchapter as the "program," is established to reduce prescription drug prices and to improve the quality of health care for residents of the State. The program is administered by the department and must utilize manufacturer rebates …

A drug dispensed pursuant to prescription, including a drug dispensed without charge to the consumer, must be accompanied by program participation information in a manner approved by the commissioner and as permitted by law. [PL 2001, c. 471, Pt. E, §5 (AMD); PL 2001, c. 471, Pt.…

By January 1, 2008, the department shall establish a prescription drug academic detailing program, referred to in this section as "the program," to enhance the health of residents of the State, to improve the quality of decisions regarding drug prescribing, to encourage better co…

1. Comment period. The Department of Health and Human Services, office of MaineCare services shall establish a 17-day written comment period on any proposed change to the state maximum allowable cost list if the change results in a reduction in payment to pharmacies. The written …

This subchapter may be known and cited as the "Prescription Drug Price Reduction Act." The Legislature finds that affordability is critical in providing access to prescription drugs for Maine residents. This subchapter is enacted by the Legislature as a positive measure to make p…

In order to achieve the public health purposes listed in section 2691, maximum retail prices for prescription drugs sold in Maine may be established pursuant to this section. [PL 1999, c. 786, Pt. A, §3 (NEW).] 1. Emergency drug pricing procedures. The following provisions apply …

With the exception of rules designated in this subchapter as major substantive rules, rules adopted pursuant to this subchapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.

Prescription drugs are a necessity of life. Profiteering in prescription drugs is unlawful and is subject to the provisions of this section. The provisions of this section apply to manufacturers, distributors and labelers of prescription drugs. [PL 1999, c. 786, Pt. A, §3 (NEW).]…

The Attorney General, upon the Attorney General's own initiative or upon petition of the commissioner or of 50 or more residents of the State, shall investigate suspected violations of this subchapter. [PL 1999, c. 786, Pt. A, §3 (NEW).] The Attorney General may require, by summo…

1. Establishment; purpose. There is established the Unused Pharmaceutical Disposal Program, referred to in this chapter as "the program." The purpose of the program is to ensure the safe, effective and proper disposal of unused pharmaceuticals. For purposes of compliance with fed…

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2011, c. 461, §5 (RP).] B. "Manufacturer of prescription drugs" or "manufacturer" means a manufacturer of prescription drugs or biological prod…