Sec. B-3. 22 MRSA §253, as amended by PL 2001, c. 354, §3, is repealed.

Sec. B-4. 22 MRSA §1709, as enacted by PL 1965, c. 231, §3, is repealed.

PART C

Sec. C-1. 5 MRSA §12004-I, sub-§38, as amended by PL 1997, c. 689, Pt. A, §1 and affected by Pt. C, §2, is repealed.

Sec. C-2. 22 MRSA §328, sub-§3-A is enacted to read:

3-A.__Capital investment fund.__"Capital investment fund" means that fund described in Title 2, section 101, subsection 1, paragraph D.

Sec. C-3. 22 MRSA §328, sub-§8, as enacted by PL 2001, c. 664, §2, is amended to read:

8. Health care facility. "Health care facility" means a hospital, psychiatric hospital, nursing facility, kidney disease treatment center including a freestanding hemodialysis facility, rehabilitation facility, ambulatory surgical facility, independent radiological service center, independent cardiac catheterization center or, cancer treatment center or office of a private physician or physicians, whether in individual or group practice. "Health care facility" does not include the office of a private physician or physicians or a dentist or dentists, whether in individual or group practice.

Sec. C-4. 22 MRSA §328, sub-§27 is enacted to read:

27.__State Health Plan.__"State Health Plan" means the plan developed in accordance with Title 2, chapter 5.

Sec. C-5. 22 MRSA §335, sub-§1, as enacted by PL 2001, c. 664, §2, is repealed and the following enacted in its place:

1.__Basis for decision.__Based solely on a review of the record maintained under subsection 6, the commissioner shall approve an application for a certificate of need if the commissioner determines that:

A.__The project meets the conditions set forth in subsection 7;