LD 1405
pg. 4
Page 3 of 12 An Act To Prepare Maine for Public Health Emergencies Page 5 of 12
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LR 602
Item 1

 
If the department has reasonable grounds to believe that there
exists, on public or private property, any communicable disease
which that presents a public health threat, a duly authorized
agent of the department may enter any place, building, vessel,
aircraft or common carrier with the permission of the owner,
agent or occupant where the communicable disease public health
threat is reasonably believed to exist and may inspect and
examine the same. If entry is refused, that agent shall apply
for an inspection warrant from the District Court pursuant to
Title 4, section 179, prior to conducting the inspection.

 
Sec. 10. 22 MRSA §806, sub-§1, as enacted by PL 1989, c. 487, §11, is
amended to read:

 
1. Dismissal. In the event of an actual or threatened
outbreak of a communicable disease or other public health threat,
the department may order that any or all persons person attending
or working in any a school or day care facility be excluded until
the department determines that a public health threat no longer
exists.

 
Sec. 11. 22 MRSA §807, last ¶, as enacted by PL 1989, c. 487, §11, is
amended to read:

 
For purposes of carrying out this chapter, the department may
designate facilities and private homes for the confinement and
treatment of infected persons posing a public health threat. The
department may designate any such facility in any hospital or
other public or private institution, other than a jail or
correctional facility. Designated institutions must have
necessary clinic, hospital or confinement facilities as may be
required by the department. The department may enter into
arrangements for the conduct of these facilities with public
officials or persons, associations or corporations in charge of
or maintaining and operating these institutions.

 
Sec. 12. 22 MRSA §812, sub-§1, ¶G, as enacted by PL 1989, c. 487, §11
and amended by PL 2003, c. 689, Pt. B, §6, is further amended to
read:

 
G. Undergoing a comprehensive medical assessment by the
State Forensic Service. The court, in selecting the
examination site, shall consider proximity to the court,
availability of an examiner and the need to protect the
public health. No person may be presented for examination
under this subsection without arrangements for examination
having first been made by the court, clerk of the court or
the petitioner with the State Forensic Service. The opinion
of the State Forensic Service shall must be reported to the
court forthwith following the examination.


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