LD 2164
pg. 1
LD 2164 Title Page An Act to Provide Government with the Necessary Authority to Respond to a Publi... Page 2 of 2
Download Bill Text
LR 3425
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §802, sub-§2, as enacted by PL 1989, c. 487, §11, is
amended to read:

 
2. Health emergency. In the event of an actual or threatened
epidemic or outbreak of a communicable or occupational disease,
the department may declare that a health emergency exists and may
adopt emergency rules or implement rules previously adopted
designed to become effective upon the declaration of a state of
public health emergency by the Governor, the Governor's designee
or a person acting in place of the Governor for the protection of
the public health relating to:

 
A. Procedures for the isolation and placement of infected
persons for purposes of care and treatment or infection
control;

 
B. Procedures for the disinfection, seizure or destruction
of contaminated property and for the disposition of the
remains of victims of a communicable disease if there are no
less restrictive alternatives to protecting public health or
safety from the threat of communicable disease; and

 
C. The establishment of temporary facilities for the care
and treatment of infected persons which shall be subject to
the supervision and regulations of the department and to the
limitations set forth in section 807.

 
Sec. 2. 22 MRSA §802, sub-§2-A is enacted to read:

 
2-A.__Declaration of state of public health emergency by
Governor.__In addition to any other authority to act granted to
the department under this chapter, the department may exercise
any emergency health power granted to it by this chapter upon the
declaration of a state of public health emergency by the
Governor, the Governor's designee or a person acting in place of
the Governor.

 
Sec. 3. 22 MRSA §812, sub-§2, as enacted by PL 1989, c. 487, §11, is
amended to read:

 
2. Time limits. Orders issued pursuant to subsection 1,
paragraphs A to E shall may not exceed 180 30 days without
further review as provided by section 813, subsection 1. If
commitment pursuant to subsection 1, paragraph F, is sought by
the department beyond the original 30 days, the department shall
file a motion for review pursuant to section 813, subsection 2.

 
Sec. 4. 22 MRSA §813, sub-§1, as enacted by PL 1989, c. 487, §11, is
amended to read:


LD 2164 Title Page Top of Page Page 2 of 2