Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                JUNE 23, 2021                 349
                                                               BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                 H.P. 995 - L.D. 1344
  An Act To Clarify the Authority of the Department of Health and Human
                Services during a Public Health Emergency
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 5 MRSA §10004, sub-§3, as enacted by PL 1977, c. 694, §38, is amended
to read:
    3. Health or safety hazard. The health or physical safety of a person or the continued
well-being of a significant natural resource is in immediate jeopardy at the time of the
agency's action, and acting in accordance with subchapter IV 4 or VI 6 would fail to
adequately respond to a known risk, provided that as long as the revocation, suspension or
refusal to renew shall does not continue for more than 30 days, except as provided in Title
22, section 804 and subject to review under Title 22, section 804, subsection 3;
    Sec. 2. 22 MRSA §802, sub-§1, ¶C, as amended by PL 2005, c. 383, §6, is further
amended to read:
    C. Investigate cases, epidemics and occurrences of communicable, environmental and
    occupational diseases; and
    Sec. 3. 22 MRSA §802, sub-§1, ¶D, as amended by PL 2005, c. 383, §6, is further
amended to read:
    D. Establish procedures for the control, detection, prevention and treatment of
    communicable, environmental and occupational diseases, including public
    immunization and, contact notification programs. and closure of a business or entity
    when that business or entity directly and repeatedly violates public health control
    measures during an extreme public health emergency under section 820; and
    Sec. 4. 22 MRSA §802, sub-§1, ¶E is enacted to read:
    E. Impose administrative fines in accordance with section 804 and Title 5, chapter 375.
    Sec. 5. 22 MRSA §802, sub-§2, ¶B, as enacted by PL 1989, c. 487, §11, is
amended to read:
    B. Procedures for the disinfection, seizure or destruction of contaminated property;
    and
                                   Page 1 - 130LR0404(03)
    Sec. 6. 22 MRSA §802, sub-§2, ¶C, as amended by PL 2005, c. 383, §7, is further
amended to read:
    C. The establishment of temporary facilities for the care and treatment of infected or
    exposed persons, which are subject to the supervision and regulations of the department
    and to the limitations set forth in section 807.; and
    Sec. 7. 22 MRSA §802, sub-§2, ¶D is enacted to read:
    D. Procedures for the imposition of sanctions, including license suspensions and
    administrative fines, to enforce orders issued to reduce potential exposure and risk to
    public health. Notwithstanding Title 5, section 10004, subsection 3, the department
    may directly and temporarily suspend a department-issued license for more than 30
    days when further operation of the licensee's business would result in a serious and
    imminent risk to public health or safety.
    Sec. 8. 22 MRSA §804, sub-§2, as enacted by PL 1989, c. 487, §11, is amended to
read:
    2. Refusal to obey rules. Any person who neglects, violates or refuses to obey the
rules or who willfully obstructs or hinders the execution of the rules, may be ordered by
the department, in writing, to cease and desist. This order shall may not be considered an
adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act,
Title 5, chapter 375. In the case of any person who refuses to obey a cease and desist order
issued to enforce the rules adopted pursuant to section 802, the department may impose a
fine, which may not be less than $250 or greater than $1,000 for each violation. Each day
that the violation remains uncorrected may be counted as a separate offense. A fine may
be imposed for each violation of the rules. If the imposition of a fine under this subsection
does not result in compliance, the department may bring an action in District Court to obtain
an injunction enforcing the cease and desist order or to request a civil fine not to exceed
$500 $1,500, or both. Alternatively, the department may seek relief pursuant to section
810 or 812. The District Court shall have has jurisdiction to determine the validity of the
cease and desist order whenever an action for injunctive relief or civil penalty is brought
before it under this subsection.
    Sec. 9. 22 MRSA §804, sub-§3 is enacted to read:
    3. License suspension. A licensing agency under the department may immediately
suspend a license pursuant to Title 5, section 10004, subsection 3 for a violation under this
section. Notwithstanding Title 5, section 10004, subsection 3, a suspension under this
subsection remains in effect until:
    A. The licensing agency determines that the licensee's conduct no longer poses an
    imminent risk to public health or safety; or
    B. The District Court, after conducting a hearing at the licensee's request, finds that
    the licensee's conduct does not pose an imminent risk to public health or safety. The
    suspension remains in effect pending the District Court's review under this paragraph.
                                   Page 2 - 130LR0404(03)
Statutes affected: 
Bill Text LD 1344, HP 995: 5.10004, 22.802, 22.804
Bill Text ACTPUB , Chapter 349: 5.10004, 22.802, 22.804