Title 22, Title 22

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…

The Department of Health and Human Services shall establish the Office of Data, Research and Vital Statistics, which shall maintain a statewide system for the registration of vital statistics. [PL 2009, c. 601, §3 (AMD).] 1. Registrar. The Commissioner of Health and Human Service…

1. Format. Each certificate, report or other document required by this section must be prepared in the format approved by the state registrar. 2. Filing date. All vital records must contain the date of filing.

The clerk of each municipality in this State shall keep a chronological record of all live births, marriages, deaths and fetal deaths reported to the municipal clerk under this Title. Such record must be kept as prescribed by the state registrar. [PL 2009, c. 601, §6 (AMD).] 1. E…

Any person having knowledge of the facts shall furnish such information as the individual may possess regarding any birth, death, spontaneous fetal death, abortion, marriage, divorce or annulment, upon demand of the state registrar.

The municipal clerk that issued a marriage license pursuant to Title 19-A, section 652, subsection 1 and the clerk of the municipality where the marriage occurred may issue certified copies of the marriage certificate electronically using the statewide system for the registration…

When a birth, marriage or death occurs in an unincorporated place, it must be reported to a municipal clerk as specified by the state registrar and must be recorded, or registered in the electronic registration system, by the municipal clerk to whom the report is made. All such r…

Certificates of live births, deaths and fetal deaths occurring at the federal facility known as Togus must be filed directly with the state registrar. The state registrar shall forward copies of all such certificates of live birth, death and fetal death to the clerk of the munici…

Except as provided by this Title, a certificate or record filed under chapters 701 to 707 may be altered or amended only in accordance with such regulations as the department may adopt to protect the integrity of vital statistics records. 1. Amended certificate or record. A certi…

Custodians of certificates and records of birth, marriage and death shall permit inspection of records, or issue certified or noncertified copies of certificates or records, or any parts thereof, when satisfied that the applicant has a direct and legitimate interest in the matter…

1. File. The state registrar shall maintain files of the names and addresses of adopted persons and their adoptive and genetic parents who have registered under this section. 2. Registration. This subsection governs participation in the adoption registry. A. The following persons…

Any certificate or record of any live birth, marriage, death or fetal death filed under this Title, or a copy thereof duly certified by its official custodian, shall be prima facie evidence of the fact of such birth, marriage, death or fetal death, if not "amended" or "delayed." …

1. Intentional or knowing falsification. A person who intentionally or knowingly falsifies, provides false information, makes or alters any certificate or certified copy except as provided for in this Title commits a Class E crime. 1-A. Knowing possession, use. A person who knowi…

When the state registrar believes that, in any place in this State, the certificates or records of live births, marriages, deaths or fetal deaths are not made or kept as is provided by law, or that any person neglects or fails to perform any duty required in the law relating to t…

1. Registry. The Office of Data, Research and Vital Statistics within the department, referred to in this section as "the registry," shall establish a domestic partner registry. 2. Registered domestic partners; eligibility. Domestic partners may become registered domestic partner…

A certificate of each live birth that occurs in this State must be filed with the clerk of the municipality in which the live birth occurred or with the state registrar within a reasonable period of time as specified by department rules and must be registered if the certificate h…

Any Native American whose birth is not recorded pursuant to this Title relating to the registration of live births may, in lieu of a birth certificate, present an official copy of the baptismal record from the files of the mission where the Native American was baptized. The bapti…

1. Birthing center. As used in this section, "birthing center" means a hospital or other facility that provides childbirth services. 2. Procedure. A birthing center shall provide an opportunity for all unmarried parents to complete a voluntary acknowledgement of paternity. A birt…

Upon request of a parent, in the event of an unintentional intrauterine death of a fetus of 20 or more weeks of gestation, the department shall issue a certificate of birth resulting in stillbirth bearing the official seal of the State. The certificate must be based upon informat…

Whoever assumes the custody of a child of unknown parentage shall immediately report to the Office of Data, Research and Vital Statistics in writing: [PL 2011, c. 511, §6 (AMD).] 1. Date and place of finding. The date and place of finding or assumption of custody; 2. Sex, color, …