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Local
Health Officer Statutory Summary for Discussion of Revisions
Review of LHO Duties (“Shalls”):
Review of LHO Authorities (“Mays”):
Review of Secondary LHO Duties/Authorities:
ABRIDGED STATUTORY SOURCES
Title 22 General Powers and
Duties [of the Department of Health
and Human Services]
Part 2: State and Local Health Agencies
Chapter 153: Local Health Officers
§451 In Effect Until July, 2007
§451.
Appointment
Every municipality in the State shall employ an official who shall be
known as the local
health officer who shall be appointed by the
municipal officers of such municipality. The local health officer shall be appointed for a term of 3
years and until his successor is appointed, provided that on expiration of the
term of office the municipal officers shall appoint a successor within 30 days
of such resignation or expiration. The municipal officers or clerk of all
municipalities shall within 10 days notify the department in writing of the
appointment of a health officer,
stating the health officer's name, age, address and the dates of
appointment and beginning of 3-year term. The health officer in towns or plantations contiguous to
unorganized territory shall perform the duties of health officer in such territory. [1981, c. 703, Pt. A, § 7 (amd).]
In the event of incapacity or absence of
the local health officer ,
the municipal officers shall appoint a person to act as health officer during such incapacity or absence.
Failing such appointment, the chairman of the municipal officers shall perform
the duties of local health officer until the regular health officer is returned to duty or appointment of
another person has been made.
In municipalities with a manager form of government,
when the charter so provides, the appointments provided for in this section may
be made by the said manager and the duty prescribed for the chairman of the
municipal officers during incapacity or absence of the health officer shall be performed by the manager.
In no case shall a person be appointed to hold office
as a local health officer or as a member of the local board of
health who shall have any pecuniary interest, directly or indirectly, in any
private sewer corporation over which said officer or board has general
supervision.
Health
officers may be employed to devote a part or all of their
time to the duties of the office. The offices of the local health
officer and town or school physician shall be
combined when, in the opinion of the municipal officers, the health needs of
the people would be better served. [1989,
c. 487, §3.] Section History:
PL 1981,
§451 In Effect July, 2007
§451 Appointment
The following provisions govern
the appointment and employment of local health officers.
1. Role of municipality. Every municipality in the State shall employ
a local health officer who is appointed by the municipal officers of that
municipality. A person may be appointed and employed as a local health officer
by more than one municipality.
2. Qualifications. The local health officer must be qualified by
education, training or experience in the
field of public health or a combination as determined by standards adopted by
department rule no later than June 1, 2008. A person who is employed as a local
health officer who is not qualified by education, training or experience must
meet qualification standards adopted by department rule no later than June 1,
2009. On or after June 1, 2009, a person may not be appointed and employed as a
local health officer unless that person is first qualified pursuant to the
standards set by department rule. Rules adopted pursuant to this subsection are
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Duration of appointment; notification. A local health officer is appointed for a
term of 3 years and until that officer’s successor is appointed. The municipal
officers shall appoint a successor within 30 days of any resignation or
expiration of term. The municipal officers or clerk of each municipality shall
within 10 days notify the department in writing of the appointment of a local
health officer. Notification to the department must include the local health
officer's name, age and address and the dates of the appointment and the
beginning of the 3-year term. A local health officer in a town or plantation
contiguous to unorganized territory shall perform the duties of a local health
officer in that territory.
4. Incapacity or absence. In the event of incapacity or absence of the
local health officer, the municipal officers shall appoint a person to act as
local health officer during that incapacity or absence. The chair of the
municipal officers shall perform the duties of a local health officer until the
regular local health officer is returned to duty or another person has been
appointed and employed. In a municipality with a manager form of government,
when the charter so provides, the appointments provided for in this subsection
may be made by the manager and the duties prescribed for the chair of the
municipal officers during incapacity or absence of the local health officer are
performed by the manager.
5. Conflict of interest. A person may not be appointed to hold office
as a local health officer or to serve as a member of the local board of health
under section 453 if that person has a pecuniary interest, directly or indirectly,
in any corporation or other entity over which that officer or board has general
supervision.
6. Duties.
Local health officers may be employed on a part-time or full-time
basis. The offices of local health officer and town or school physician may be
combined when, in the opinion of the municipal officers, the health needs of
the public would be better served.
§453. Local board of health
Any
municipality may appoint, in addition to the local health officer, a board of health consisting of 3 members besides
the local health officer, one of
whom shall be a physician if available in the community, and one a woman. When
first appointed members of the board shall be appointed one for one year, one
for 2 years and one for 3 years. Subsequent appointments shall be for 3-year
terms.
The
local health officer shall be
secretary ex officio of said board and keep a record of all proceedings. The
local board of health shall constitute an advisory
body to the local health officer.
§454. Duties
1. Reporting; action on complaints. In a book kept for that purpose, the local health officer shall make and keep a record of all the proceedings, transactions, doings, orders and regulations of that local health officer. The local health officer shall assist in the reporting, prevention and suppression of diseases and conditions dangerous to health, and that local health officer is subject to the supervision and direction of the department. [1997, c. 387, §1 (new); 2003, c. 689, Pt. B, §7 (rev).]
The local health officer shall report promptly to the Commissioner of Health and Human Services, or the commissioner's designee, facts that relate to communicable diseases occurring within the limits of the health officer's jurisdiction, and shall report to the commissioner, or the commissioner's designee, every case of communicable disease as the rules of the department require. Those diseases that the rules of the department may require to be reported are known, under the terms of this Title, as notifiable diseases. [1997, c. 387, §1 (new); 2003, c. 689, Pt. B, §7 (rev).]
The local health officer shall receive and evaluate complaints made by any of the inhabitants concerning nuisances posing a potential public health threat within the limits of the health officer's jurisdiction. With the consent of the owner, agent or occupant, the local health officer may enter upon or within any place or premises where nuisances or conditions posing a public health threat are known or believed to exist, and personally, or by appointed agents, inspect and examine the same. If entry is refused, the municipal health officer shall apply for an inspection warrant from the District Court, pursuant to Title 4, section 179, prior to conducting the inspection. When the local health officer has reasonable cause to suspect the presence of a communicable disease, the local health officer shall consult with the commissioner, or a designee. The health officer shall then order the suppression and removal of nuisances and conditions posing a public health threat found to exist within the limits of the health officer's jurisdiction. For purposes of this section, "public health threat" means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease. [1997, c. 387, §1 (new); 2003, c. 689, Pt. B, §7 (rev).]
2. Departmental intervention. If the local health officer, or individual designated as the local health officer pursuant to section 451,
fails to perform the duties of the local health
officer as those duties are described under this section, the department
may intervene to perform those duties. [1997, c. 387, §1.] PL 1987,
PL
1997,
§459. Providing for free vaccinations
The
local health officer of each
municipality may provide for free vaccinations with suitable material, as
defined by the Department of Health and Human Services. Vaccinations and
inoculations shall be done under the care of skilled, practicing physicians and
under those circumstances and restrictions as the health officer may adopt therefor, not contrary to law or in
violation of any regulations of the department. [1989, c. 487, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]
The
health officer is authorized and
empowered to arrange with any available, skilled, practicing physician for the
purpose of carrying out this section, and when he deems it necessary for the
proper discharge of his duties as outlined in section 454, anything in any city
charter to the contrary notwithstanding.
The
municipal officers of municipalities may approve and shall pay any reasonable
bills or charges incident to the foregoing when approved by the local health officer. [1989, c. 487, §7 (amd).]
Nothing
in this section is to be interpreted so as to relieve the local health officer or any selectman of the
duty imposed by section 457.
PL
1975,
PL
2003,
§461. Notice to owner to clean premises; expenses on refusal
The
local health officer, when satisfied
upon due examination, that a cellar, room, tenement or building in the town,
occupied as a dwelling place, has become, by reason of want of cleanliness or
other cause, unfit for such purpose and a cause of sickness to the occupants or
the public, may issue, in consultation with the department, a notice in writing
to such occupants, or the owner or the owner's agent, or any one of them,
requiring the premises to be put into a proper condition as to cleanliness, or,
if they see fit, requiring the occupants to quit the premises within such time
as the local health officer may deem
reasonable. If the persons so notified, or any of them, neglect or refuse to
comply with the terms of the notice, the local health officer may cause the premises to be properly cleansed at
the expense of the owner, or may close the premises, and the same shall not be
again occupied as a dwelling place until put in a proper sanitary condition. If
the owner thereafter occupies or knowingly permits the same to be occupied
without putting the same in proper sanitary condition, the owner shall forfeit
not less than $10 nor more than $50 for each day that the premises remain unfit
following written notification that the premises are unfit. [1989, c. 487, §9 (amd).] PL 1989,
§462. Assistance if obstructed in duty
Any
health officer or other person
employed by the local health officer
may, when obstructed in the performance of the person's duty, call for
assistance from a law enforcement officer.
[1989, c. 487, §10 (amd).] PL 1989,
Chapter 101: General
Provisions (of DHHS)
§251.
Information for department on request
In order
to afford the department better advantages for obtaining knowledge important to
be incorporated with that collected through special investigations and from
other sources, all officers of the State, the physicians of all incorporated
companies and the president or agent of any company chartered, organized or
transacting business under the laws of this State, as far as practicable, shall
furnish to the department any information bearing upon public health which may
be requested by said department for the purpose of enabling it better to
perform its duties of collecting and distributing useful knowledge on this
subject.
§252.
Penalties
Whoever
willfully violates any provision of section 451, 454, 456, 461 or 462, or of
rules adopted pursuant to those sections, or neglects or refuses to obey any
order or direction of any local health
officer authorized by those provisions, the penalty for which is not
specifically provided, or willfully interferes with any person or thing to
prevent the execution of those sections or of the rules, is guilty of a Class E
crime. The District Court shall have jurisdiction of all offenses under these
sections. [1989, c. 487, §2 (amd).]
PL 1979,
Chapter 250: Control of
Communicable Diseases
§801. Definitions
As used in
this chapter, unless the context otherwise indicates, the following terms have
the following meanings. [1989, c.
487, §11.]
1. Commissioner.
"Commissioner" means the Commissioner of Health and Human Services.
[1989, c. 487, §11 (new); 2003, c. 689, Pt. B, §7 (rev).]
2. Communicable disease.
"Communicable disease" means an illness or condition due to a
specific infectious agent or its toxic products which arises through
transmission of that agent or its products from a reservoir to a susceptible
host. [1989, c. 487, §11.]
4-A. Extreme public health emergency. "Extreme public health emergency" means the occurrence
or imminent threat of widespread exposure to a highly infectious or toxic agent
that poses an imminent threat of substantial harm to the population of the
State. [2001, c. 694, Pt. B, §1 (new); §6 (aff); 2003, c. 366, §1 (aff).]
6. Municipal health officer. "Municipal health
officer" means a person who is a municipal official appointed pursuant
to section 451 and who is authorized by the department to enforce this chapter. [1989, c. 487, §11.]
7. Notifiable disease.
"Notifiable disease" means any communicable disease or occupational disease the occurrence or suspected occurrence of
which is required to be reported to the department pursuant to sections 821 to
825 or section 1493. [1989, c. 487, §11.]
8. Occupational disease.
"Occupational disease" shall have the meaning set forth in section
1491. [1989, c. 487, §11.]
8-A. Prescribed care.
"Prescribed care" means isolation, quarantine, examination,
vaccination, medical care or treatment ordered by the department or a court
pursuant to section 820. [2001, c.
694, Pt. B, §2 (new); §6 (aff); 2003, c. 366, §1 (aff).]
10. Public health threat.
"Public health threat" means any condition or behavior which can
reasonably be expected to place others at significant risk of exposure to
infection with a communicable disease. [1989,
c. 487, §11.]
A. A
condition poses a public health threat if an infectious agent is present in the
environment under circumstances which would place persons at significant risk
of becoming infected with a communicable disease. [1989, c. 487, §11.]
B.
Behavior by an infected person poses a public health threat if:
(1) The
infected person engages in behavior that has been demonstrated
epidemiologically to create a significant risk of transmission of a
communicable disease;
(2) The
infected person's past behavior indicates a serious and present danger that the
infected person will engage in behavior that creates a significant risk of
transmission of a communicable disease to another;
(3) The
infected person fails or refuses to cooperate with a departmental contact
notification program; or
(4) The
infected person fails or refuses to comply with any part of either a cease and
desist order or a court order issued to the infected person to prevent
transmission of a communicable disease to another. [1989, c. 487, §11.]
C.
Behavior described in paragraph B, subparagraphs (1) and (2), shall 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.
[1989, c.
487, §11.] PL 1989,
§802. Authority of
department
1. Authority. To carry
out this chapter, the department may: [1989, c. 487, §11.]
A.
Designate and classify communicable and occupational diseases;
[1989, c.
487, §11.]
B.
Establish requirements for reporting and other surveillance methods for
measuring the occurrence of communicable diseases, occupational diseases and
the potential for epidemics;
[1989, c.
487, §11.]
C. Investigate
cases, epidemics and occurrences of communicable and occupational diseases; and
[1989, c.
487, §11.]
D.
Establish procedures for the control, detection, prevention and treatment of
communicable and occupational diseases, including public immunization and
contact notification programs.
[1989, c.
487, §11.]
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 for the protection of the public health relating
to: [1989, c. 487, §11.]
A.
Procedures for the isolation and placement of infected persons for purposes of
care and treatment or infection control;
[1989, c.
487, §11.]
B.
Procedures for the disinfection, seizure or destruction of contaminated
property; and
[1989, c.
487, §11.]
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.
[1989, c.
487, §11.]
2-A. Declaration of extreme public health emergency by Governor. The Governor may declare an extreme
public health emergency pursuant to this chapter and Title 37-B, chapter 13,
subchapter II. [2001, c. 694, Pt. B, §3 (new); §6 (aff); 2003, c. 366, §1
(aff).]
B.
"Disease" means one of those conditions enumerated in rules adopted
by the department that may be preventable by an immunizing agent. [2001, c.
185, §2.]
D.
"Immunizing agent" means a vaccine, antitoxin or other substance used
to increase an individual's immunity to a disease. [2001, c. 185, §2.]
§803. Inspection
If the
department has reasonable grounds to believe that there exists, on public or
private property, any communicable disease which 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 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. [1989, c. 487, §11.] PL 1989,
§804. Penalties
1. Rules enforced. All
agents of the department, municipal health
officers, sheriffs, state and local law enforcement officers and other
officials designated by the department shall enforce the rules of the
department made pursuant to section 802 to the extent that enforcement is
authorized in those rules. [1989, c.
487, §11.]
Subchapter 5: Rabies or Hydrophobia
§1311.
Killing or impounding of dogs
The
department may, in the case of an emergency or threatened epidemic of rabies or
hydrophobia when in its opinion the health and safety of the people in a
community are endangered, issue orders to the mayor of any city or the
municipal officers of any town or plantation to have killed any dogs found
loose in violation of quarantine regulations and impounded for a period of 72
hours without being claimed by their owner.
The mayor
of any city or the municipal officers of any town or plantation shall forthwith
direct that such dogs be killed by a police officer or constable.
§1313.
Procedures for the transportation, quarantine, euthanasia and testing of
animals suspected of having rabies
1. Establishment of procedures. The commissioner, in consultation with the Commissioner of
Agriculture, Food and Rural Resources and the Commissioner of Inland Fisheries
and Wildlife shall adopt rules, in accordance with the Maine Administrative
Procedure Act, establishing procedures for responding to a report of an animal
suspected of having rabies. The procedures must include provisions for the
transportation, quarantine, euthanasia and testing of an animal suspected of
having rabies and, when that animal has bitten a person, provisions for the
notification of the animal control officer in the locality where the bite
occurred. The procedures may differ based on the perceived public health threat
determined in part by consideration of the following factors: [1999, c. 350, §3 (amd).]
A. Whether
the animal is a domesticated animal for which a known effective vaccine exists
and, if so, can the animal's vaccination status be verified; and [1993, c. 468,
§23.]
B. Whether
the animal has bitten a person or exhibited other aggressive behavior.
[1993, c.
468, §23.]
2. Role of animal control officer; game warden. An animal control officer appointed in
accordance with Title 7, section 3947, receiving a report of an animal
suspected of having rabies shall ensure that the procedures established
pursuant to this section and section 1313-A are carried out. If the animal is
an undomesticated animal, a game warden shall assist the animal control
officer. [1993, c. 468, §23.]
3. Costs associated with transportation, quarantine, testing and
euthanasia. The Department of
Inland Fisheries and Wildlife shall provide for or pay all necessary costs for
transportation and euthanasia of an undomesticated animal suspected of having
rabies. The owner of a domesticated animal suspected of having rabies shall pay
all costs for transportation, quarantine, euthanasia and testing of the animal.
If a domesticated animal is a stray or the owner is unknown, the municipality
in which the animal was apprehended is responsible for transportation,
quarantine, euthanasia and testing costs. Cost of testing animals judged by the
department to have created a public health risk of rabies must be borne by the department,
through its General Fund appropriations.
[1999, c. 731, Pt. Q, §1 (amd).] PL 1993,
§1313-A.
Provisions for immediate destruction of certain animals
If an
undomesticated animal or a wolf hybrid suspected of having rabies bites or
otherwise exposes to rabies a person or a domestic animal, an animal control
officer, a local health officer or a
game warden must immediately remove
the undomesticated animal or wolf hybrid or cause the undomesticated animal or
wolf hybrid to be removed and euthanized for testing. When in the
judgment of the animal control officer, local
health officer, game warden or law enforcement officer the animal poses an
immediate threat to a person or domestic animal, the animal control officer, local health officer, game warden or
law enforcement officer may
immediately kill or order killed that animal without destroying the head.
The Department of Inland Fisheries and Wildlife shall arrange for the transportation
of the head to the State Health and Environmental Testing Laboratory; except
that the animal control officer shall make the arrangements if the animal is a
wolf hybrid. [1997, c. 704, §11
(amd).]
The
Department of Inland Fisheries and Wildlife shall pay transportation and
testing costs for undomesticated animals. The owner of a domesticated ferret,
domesticated wolf or domesticated wolf hybrid shall pay transportation and
testing costs for that animal. [1993,
c. 468, §23.]
PL 1993,
§1313-B.
Civil violation, court authorization for removal and other remedies
1. Violation. A person
who violates a rule established under this chapter commits a civil violation
for which a forfeiture of not less than $100 nor more than $500 may be adjudged
for each offense. In addition, the court may include an order of restitution as
part of the sentencing for costs including removing, controlling and confining
the animal. [1997, c. 704, §12.]
2. Court authorization for removal. When home quarantine procedures, as described on the official
notice of quarantine, have been violated, or in the case of a wolf hybrid, when
the owner fails to bring the animal to a veterinarian for euthanasia and
testing or to turn the animal over to authorities as required by rules
established pursuant to this chapter, an animal control officer, person acting
in that capacity or law enforcement officer may apply to the District Court or
Superior Court for authorization to take possession of the animal for
placement, at the owner's expense, in a veterinary hospital, boarding kennel or
other suitable location for the remainder of the quarantine period or, in the
case of a wolf hybrid, removal for euthanasia. At the end of the quarantine
period for domestic animals, or if the animal shows signs of rabies, the person
in possession of the animal must report to the court, and the court shall
either dissolve the possession order or order the animal euthanized and tested
for rabies. [1997, c. 704, §12.]
3. Other remedies. In
addition to filing a civil action to enforce this section: [1997, c. 704, §12.]
A. The
municipality may record a lien against the property of the owner or keeper of
an animal if the person fails or refuses to comply with an order to confine or
quarantine the animal;
[1997, c.
704, §12.]
B. The
municipal officers or their designated agent, such as the animal control
officer, shall serve written notice on the owner or keeper of the animal that
specifies the action necessary to comply with the order and the time limit for
compliance; [1997, c. 704, §12.]
C. If the
owner or keeper of the animal fails to comply within the time stated, the
animal control officer must apply to District Court or Superior Court for an
order to seize the animal and make arrangements for quarantine or euthanasia at
the owner's or keeper's expense; and
[1997, c.
704, §12.]
D. If the
owner or keeper of the animal fails to pay the costs of confinement or
quarantine within 30 days after written demand from the municipal officers, the
municipal assessors may file a record of lien against the property of the owner
or keeper of the animal. [1997, c. 704, §12.] PL 1997,
§1444. Control of browntail moths
1.
Declaration of public health nuisance. The Director of the Bureau of Health may
declare that an infestation of browntail moths is a public health nuisance. The
declaration may be made on the director's own initiative or on petition to the
director by municipal officers in a municipality affected by the infestation.
[1997, c. 215, §1.]
3.
Refusal to consent; cost of extermination. After the declaration of the
Director of the Bureau of Health and a written declaration by the municipal
officers of their intent to conduct aerial spraying, any landowner who refuses
to consent to aerial spraying shall remove any browntail moth infestation from
that landowner's property at that landowner's expense in a time and manner
satisfactory to the local health officer.
Regardless of whether the nonconsenting landowner's property has an infestation
of moths, the nonconsenting landowner is also liable for the additional
expenses actually incurred by neighboring consenting landowners or the
municipality when neighboring consenting landowners or the municipality uses a
method of removal other than aerial spraying due to lack of consent. In such
cases, consenting landowners shall remove any browntail moth infestation from
their own property at their own initial expense in a time and manner
satisfactory to the local health officer.
Chapter 263: Offenses
Against Public Health
Subchapter 1: Nuisances
§1561.
Removal of private nuisance
When any
source of filth whether or not the cause of sickness is found on private
property and deemed to be potentially injurious to health, the owner or
occupant thereof shall, within 24 hours after notice from the local health officer, at his own expense,
remove or discontinue it. If he neglects or unreasonably delays to do so, he
forfeits not exceeding $300. Said local health
officer shall cause said nuisance to be removed or discontinued, and all
expenses thereof shall be repaid to the town by such owner or occupant, or by
the person who caused or permitted it. [1973,
c. 430 (amd).]
§1562.
Depositing of dead animal where nuisance
Whoever
personally or through the agency of another leaves or deposits the carcass of a
dead horse, cow, sheep, hog or of any domestic animals or domestic fowl or
parts thereof in any place where it may cause a nuisance shall, upon receiving
a notice to that effect from the local health
officer, promptly remove, bury or otherwise dispose of such carcass. If he
fails to do so within such time as may be prescribed by the local health officer, and in such manner as
may be satisfactory to such health
officer, he shall be punished by a fine of not less than $10 nor more than
$100, or by imprisonment for not more than 3 months.
Chapter 403: Town Hospitals
§1762. Temporary facilities
Notwithstanding
the provisions of section 1761, in the event of an outbreak of any disease or
health problem dangerous to the public health, the municipal officers or local health officer, with the approval of
the department, may establish temporary health care facilities, subject to the
supervision of the department. [1977,
c. 696, § 187 (reen).]
Chapter 601: Water For
Human Consumption
§2601-A.
Scope
This
chapter establishes a system designed to help ensure public health; to allow
the State, municipalities and public water systems to identify significant
public water supplies and strive for a higher degree of protection around
source water areas or areas that are used as public drinking water supplies;
and to allow the State, municipalities and water systems to pursue watershed or
wellhead protection activities around significant public water supplies. [1999, c. 761, §1.]
§2608.
Information on private water supply contamination; interagency cooperation
1. Information on private water supply contamination. The department shall provide information
and consultation to citizens who: [1983,
c. 837, §2.]
A. Make
reports of potential contamination of private water supplies; and [1983, c.
837, §2.]
B. Request
information on potential ground water contamination at or near the site of a
private water supply. [1983, c. 837, §2.]
2. Interagency cooperation. The department shall coordinate with the Department of
Environmental Protection for the purposes of:
[1983, c. 837, §2.]
A.
Assessing the public health implications of reports or requests made by
citizens in subsection 1; and [1983, c. 837, §2.]
B.
Determining the appropriate response to those reports or requests, including,
but not limited to, on-site investigation, well water testing and ground water
monitoring. [1983, c. 837, §2.]
3. Cooperation with local health officer. The department and the Department of Environmental
Protection, to the extent possible, shall notify and utilize the services of
local health officers in collecting
and evaluating information relating to actual or potential ground water
contamination. [1983, c. 837, §2.]
§2615.
Notification of noncompliance to regulatory agencies and users
1. Notification. A
public water system shall notify the public of the nature and extent of
possible health effects as soon as practicable, but not later than the time
period established under subsection 4, if the system: [2001, c. 574, §14 (amd).]
A. Is not
in compliance with a state drinking water rule; [1995, c. 622, §5 (rpr).]
B. Fails
to perform monitoring, testing or analyzing or fails to provide samples as
required by departmental rules; [1995, c. 622, §5 (rpr).]
C. Is
subject to a variance or an exemption granted under section 2613; or [1995, c.
622, §5 (rpr).]
D. Is not
in compliance with the terms of a variance or an exemption granted under
section 2613.
[1995, c.
622, §5 (rpr).]
E. Public
notification under this section must be provided concurrently to the system's
local health officer and to the
department. When required by law, the department shall forward a copy of the
notification to the Administrator of the United States Environmental Protection
Agency. The department may require notification to a public water system's
individual customers by mail delivery or by hand delivery within a reasonable
time, but not earlier than required under federal laws. [2001, c. 574, §14
(amd).]
Title 4 District Court
§165. District Court; jurisdiction over crimes and juvenile offenses
1.
Crimes; under one year imprisonment. The District Court has jurisdiction and,
except as provided in Title 29-A, section 2602, concurrent jurisdiction with
the Superior Court of all crimes, including violation of any statute or a bylaw
of a town, village corporation or local health
officer
and breach of the peace, for which the maximum term of imprisonment to which
the defendant may be sentenced upon conviction of that crime is less than one
year. [1999, c. 731, Pt. ZZZ, §6 (new); §42 (aff).]
Title 13 Corporations
§1343. Type of construction;
examinations
Any
such community mausoleum or other burial structure shall be constructed of such
materials and workmanship as will insure its durability and permanency as well
as the safety, convenience, comfort and health of the community in which it is
located, as dictated and determined at the time by modern mausoleum
construction and engineering science, and all crypts or catacombs placed in a
mausoleum, vault or other burial structure as described in section 1342 shall
be so constructed that all parts thereof may be readily examined by the Bureau
of Health or any other health
officer.
Such crypts or catacombs, when used for the permanent interment of a deceased
body or bodies, shall be so hermetically sealed that no offensive odor or
effluvia may escape therefrom.
Title 17 Nuisances
§2253. Out-of-state waste matter
As
used in this section, "waste matter" means garbage, refuse, solid or
liquid waste, ashes, rubbish, industrial and commercial waste, and all other
refuse of every description, whether loose, in containers, compacted, baled,
bundled or otherwise. [1969, c.
570.]
No person, firm, corporation or other legal entity shall deposit, or cause or
permit to be deposited, any waste matter in any structure or on any land within
the State, which waste matter originated outside the State. [1969, c. 570.]
Nothing
in this section shall be construed to prohibit the transportation of waste
matter into the State for use as a raw material for the production of new
commodities which are not waste matter as defined, or for use to produce energy
for use or sale. [1975, c. 739, § 2
(amd).]
Whoever
shall violate this section shall be punished by a fine of not less than $200
nor more than $2,000 for each violation. Each day that such violation continues
or exists shall constitute a separate offense. [1969, c. 570.]
The
Superior Court, upon complaint of the Attorney General, the municipal officers
of any municipality, or any local or state health
officer,
shall have jurisdiction to restrain or enjoin violations of this section, and
to enter decrees requiring the removal from the State of waste matter deposited
in violation of this section. In any such civil proceeding, neither an
allegation nor proof of unavoidable or substantial and irreparable injury shall
be required to obtain a temporary restraining order or injunction, nor shall
bond be required of the plaintiff; and the burden of proof shall be on the
defendant to show that the waste matter involved originated within the State. [1969, c. 570.]
Title
§5604. Nomination of public guardian or conservator
(a)
Any person who is eligible to petition for appointment of a guardian under
section 5-303, subsection (a), including the commissioner of any state
department, the head of any state institution, the overseers of the poor, and
the welfare director or health officer of any municipality may nominate the
public guardian. [1979, c. 540, §1.]
(b) Any person who is eligible to petition for appointment of a conservator
under section 5-404, subsection (a), including the commissioner of any state
department, the head of any state institution, the overseer of the poor, and the
welfare director or health officer of any municipality may nominate the
public conservator. [1979, c. 540, § 1.]
(c) Except as supplemented by section 5-605, the proceedings for determining
the appointment of a public guardian or conservator shall be governed by the
provisions of this Article for the appointment of guardians and conservators
generally. [1979, c. 540, § 1.]
Section History: PL 1979,
Title 20-A Education
Chapter 223: Health, Nutrition
and Safety
§6353. Definitions
6. Public health official. "Public health official" means a local health officer, the Director of the Bureau of Health,
Department of Health and Human Services, or any designated employee or agent of
the Department of Health and Human Services. [1983, c. 661, §8 (new); 2003, c.
689, Pt. B, §6 (rev).]
§6356. Exclusion from
school (from public or private elementary or
secondary schools)
1. Public health official action. When a public health
official has reason to believe that the continued presence in a school of a
child who has not been immunized against one or more diseases presents a clear
danger to the health of others, the public health official shall notify the
superintendent of the school. The superintendent shall cause the child to be
excluded from school during the period of danger or until the child receives
the necessary immunizing agent. [1983, c. 661, § 8.]
§6359. Immunization of
students (from public or
private, post-secondary school in the State including, but not limited to
colleges, universities, community colleges and schools for the health
professions)
[1985, c. 771, §§2, 7.]
F.
"Public health official" means the Director of the Bureau of Health
or any designated employee or agent of the Department of Health and Human
Services.
[1991, c.
146, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Immunization. Except
as otherwise provided under this section, every student shall have administered
an adequate dosage of an immunizing agent against each disease as specified by
rule. [2001, c. 326, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
Any such
immunizing agent shall meet standards for the biological products, approved by
the United States Public Health Service and the dosage requirement specified by
the Department of Health and Human Services. [2001, c. 326, §5 (amd); 2003, c.
689, Pt. B, §6 (rev).]
4. Exclusion from school.
When a public health official has
reason to believe that the continued presence in a school of a student who has
not been immunized against one or more diseases presents a clear danger to the
health of others, the public health official shall notify the chief
administrative officer of the school. The chief administrative officer shall
cause the student to be excluded from school during the period of danger or
until the student receives the necessary immunizing agent. [1985, c. 771, §§2,
7.]
Title 30-A Municipalities and
Counties
Chapter 13:
§1560. Removal for disease
The
removal of prisoners afflicted with dangerous diseases is governed as follows. [1987, c. 737, Pt. A, §2 and Pt. C,
§106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
1.
Removal. If a prisoner in a jail is afflicted with a disease which the local health officer, by medical advice,
considers dangerous to the safety and health of other prisoners or of the
inhabitants of the municipality, the local
health officer shall, by written order, direct the person's removal to some
place of safety, to be securely kept and provided for until the officer's
further order. [1987, c. 737, Pt. A, §2 and Pt. C, §106 (new); 1989, c. 6
(amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
2.
Return. Upon recovering from the disease, the prisoner shall be returned to the
place of confinement. [1987, c. 737, Pt. A, §2 and Pt. C, §106 (new); 1989, c.
6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
4.
Notice. If the diseased person was committed to the place of confinement by an
order of court or judicial process, the local health officer shall send the following to the office of the clerk
of court from which the order or process was issued:
A.
The order for the diseased person's removal or a copy of the order attested by
the local health officer ; and [1987, c. 737, Pt. A, §2 and Pt. C,
§106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
B.
A statement describing the actions taken under the order. [1987, c. 737, Pt. A, §2 and Pt. C, §106 (new); 1989, c. 6 (amd);
c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).] [1987, c. 737, Pt. A, §2 and Pt.
C, §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
Section
History: PL 1987,
Chapter 159: Public Dumps
§3352. Prohibited dumping
1.
Prohibited dumping. Notwithstanding Title 17-A, section 4-A, whoever personally
or through the agency of another leaves or deposits any offal, filth or other
noisome substance in any public dumping ground, except in the manner prescribed
by the local health officer , is
guilty of a Class E crime and shall be punished by a fine of not less than $10
nor more than $100, or by imprisonment for not more than 3 months. [1987, c.
737, Pt. A, §2 and Pt. C, §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104,
Pt. C, §§8, 10 (amd).]
Title 32 Professions and
Occupations
Chapter 21: Funeral Directors and Embalmers
§1501. Licenses; qualifications; requirements
A
funeral establishment, in which the preparation of dead bodies takes place,
must contain a preparation room equipped with tile, cement or composition
floor, necessary drainage or proper disposal of waste satisfactory to the local
health officer,
ventilation and necessary instruments and supplies for the preparation and
embalming of dead human bodies for burial, transportation or other disposition. [1989, c. 450, §22 (amd).]
The
board may adopt such rules and classifications as may be reasonable, sufficient
and proper to define what shall be deemed the proper drainage and ventilation
and what instruments are necessary and suitable in a funeral establishment. [1989, c. 450, §22 (amd).]
Title 34-B Mental Health
§3863. Emergency procedure
A
person may be admitted to a mental hospital on an emergency basis according to
the following procedures. [1983, c.
459, §7.]
1. Application. Any health
officer ,
law enforcement officer or other person may make a written application to admit
a person to a mental hospital, subject to the prohibitions and penalities of
section 3805, stating:
A.
His belief that the person is mentally ill and, because of his illness, poses a
likelihood of serious harm; and [1983,
c. 459, §7.]
B. The grounds for this belief. [1983,
c. 459, §7.] [1983, c. 459, §7.]
Title 38 Environmental
Protection
§2171. Citizen advisory committee
The municipal officers of each municipality
identified by the Facility Siting Board as a potential site for a waste
disposal facility and each contiguous municipality that may be affected by the
construction or operation of that facility shall jointly establish a single citizen
advisory committee within 60 days of notification pursuant to section 2155. [1993, c. 310, Pt. B, §3 (amd).]
Membership. The committee must be comprised of citizens from each affected
municipality, appointed by the municipal officers, including, but not limited
to: a municipal health officer ;
a municipal officer; and at least 3 additional residents of the municipality,
including abutting property owners and residents potentially affected by
pollution from the facility. In addition, each committee may include members
representing any of the following interests: environmental and community
groups; labor groups; professionals with expertise relating to landfills or
incinerators; experts in the areas of chemistry, epidemiology, hydrogeology and
biology; and legal experts. [1993, c. 310, Pt. B, §4 (amd).]