Maine § 22 §802 Authority of department

Maine Statutes

§ 22 §802 — Authority of department

Maine·Title 22 HEALTH AND WELFARE·Part 3 PUBLIC HEALTH·Ch. 250 CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS

1.Authority. To carry out this chapter, the department may:

2.Health emergency. In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to: 2-A. Declaration of extreme public health emergency by Governor. The Governor may declare an extreme public health emergency pursuant to this chapter and Title 37‑B, chapter 13, subchapter II.

3.Rules. The department shall adopt rules to carry out its duties as specified in this chapter. The application of rules adopted pursuant to Title 5, section 8052 to implement section 820 must be limited to periods of an extreme public health emergency. Rules adopted pursuant to this subsection, unless other

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1.
Authority.
To carry out this chapter, the department may:
2.
Health emergency.
In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to:
2-A.
Declaration of extreme public health emergency by Governor.
The Governor may declare an extreme public health emergency pursuant to this chapter and Title 37‑B, chapter 13, subchapter II.
3.
Rules.
The department shall adopt rules to carry out its duties as specified in this chapter. The application of rules adopted pursuant to Title 5, section 8052 to implement section 820 must be limited to periods of an extreme public health emergency. Rules adopted pursuant to this subsection, unless otherwise indicated, are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
4.
Immunization required.
4-A.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
4-B.
Exemptions to immunization.
Employees are exempt from immunization otherwise required by this subchapter or by rules adopted by the department pursuant to this section under the following circumstances.
5.
Immunization requirements for nursing facility staff.
A nursing facility or licensed assisted living facility shall adopt a facility policy that recommends and offers annual immunizations against influenza to all personnel who provide direct care to residents of the facility.
6.
Acceptance of funds.
The department is authorized to accept any public or private funds that may be available to create a supply or stockpile of antiviral medications, influenza vaccines or other items necessary in the event of a severe outbreak of influenza or an outbreak of another infectious disease.

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Legislative History

PL 1989, c. 487, §11 (NEW). PL 1999, c. 378, §§1,2 (AMD). PL 2001, c. 185, §§1,2 (AMD). PL 2001, c. 694, §§B3,4 (AMD). PL 2001, c. 694, §B6 (AFF). PL 2003, c. 366, §1 (AFF). PL 2005, c. 383, §§6-8 (AMD). PL 2005, c. 383, §24 (AFF). PL 2007, c. 240, Pt. UU, §1 (AMD). PL 2011, c. 542, Pt. A, §25 (AMD). PL 2019, c. 154, §§8, 9 (AMD). PL 2019, c. 154, §12 (AFF). PL 2021, c. 349, §§2-7 (AMD). PL 2025, c. 316, §3 (REV).