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C. Behavior described in paragraph B, subparagraphs (1) and | (2), shall may not be considered a public health threat if the | infected person demonstrates that any other person placed at | significant risk of becoming infected with a communicable | disease was informed of the risk and consented to it. |
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| | Sec. 5. 22 MRSA §801, sub-§11 is enacted to read: |
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| | 11.__Toxic agent.__"Toxic agent" means a chemical or physical | substance that, under certain circumstances of exposure, may | cause harmful effects to living organisms. |
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| | Sec. 6. 22 MRSA §802, sub-§1, ¶¶A to D, as enacted by PL 1989, c. 487, | §11, are amended to read: |
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| A. Designate and classify communicable, environmental and | occupational diseases; |
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| B. Establish requirements for reporting and other | surveillance methods for measuring the occurrence of | communicable diseases, occupational diseases and | environmental diseases and the potential for epidemics; |
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| C. Investigate cases, epidemics and occurrences of | communicable, environmental and occupational diseases; and |
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| D. Establish procedures for the control, detection, | prevention and treatment of communicable, environmental and | occupational diseases, including public immunization and | contact notification programs. |
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| | Sec. 7. 22 MRSA §802, sub-§2, as enacted by PL 1989, c. 487, §11, is | amended to read: |
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| | 2. Health emergency. In the event of an actual or threatened | epidemic or outbreak of a communicable or occupational disease | 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: |
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| A. Procedures for the isolation and placement of infected | persons for purposes of care and treatment or infection | control; |
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| B. Procedures for the disinfection, seizure or destruction | of contaminated property; and |
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