SP0287
LD 941
First Regular Session - 125th Maine Legislature
C "A", Filing Number S-106, Sponsored by
LR 1977
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by inserting after section 10 the following:

Sec. 11. 22 MRSA §454-A, sub-§2, ¶C,  as enacted by PL 2007, c. 598, §7, is amended to read:

C. During a declared health emergency, as defined in section 802, subsections subsection 2 and 2-A, report to the commissioner or the commissioner's designee facts regarding potential notifiable diseases and cases that directly relate to the declared health emergency, as the rules of the department require;

Sec. 12. 22 MRSA §801, sub-§4-A,  as enacted by PL 2001, c. 694, Pt. B, §1 and affected by PL 2005, c. 383, §24, is repealed.

Sec. 13. 22 MRSA §801, sub-§8-A,  as enacted by PL 2001, c. 694, Pt. B, §2 and affected by PL 2005, c. 383, §24, is amended to read:

8-A. Prescribed care.   "Prescribed care" means isolation, quarantine, examination, vaccination , or medical care or treatment ordered by the department or a court pursuant to section 820.

Sec. 14. 22 MRSA §802, sub-§2-A,  as enacted by PL 2001, c. 694, Pt. B, §3 and affected by PL 2005, c. 383, §24, is repealed.

Sec. 15. 22 MRSA §802, sub-§3,  as amended by PL 2005, c. 383, §8 and affected by §24, is repealed.

Sec. 16. 22 MRSA §816, sub-§1,  as amended by PL 2003, c. 438, §1, is further amended to read:

1. For private institutions.   Any private institution, its employees or agents are immune from civil liability to the extent provided in Title 14, chapter 741, as if that institution were a state agency and its employees and agents were state employees, for any acts taken to provide for the confinement or restraint of a person committed pursuant to this chapter or for participating in reporting under this chapter , or for engaging in any prescribed care within the meaning of this chapter in support of the State's response to a declared extreme public health emergency in accordance with the provisions of this chapter and Title 37-B, chapter 13, subchapter 2.

Sec. 17. 22 MRSA §816, sub-§1-A,  as enacted by PL 2005, c. 630, §1, is repealed.

Sec. 18. 22 MRSA §817,  as amended by PL 2007, c. 359, §1, is further amended to read:

§ 817. Discharge

An individual committed to a hospital, facility or private home pursuant to section 812 or section 813 or subject to a prescribed care order of the department or a court pursuant to section 820 may be discharged when the physician responsible for that individual's treatment and the department determine that the individual may be discharged without danger to other individuals. The department shall immediately report the discharge, with a full statement of the reasons for the discharge, to the court that ordered the commitment.

If an individual committed to a hospital, facility or private home pursuant to section 812 or section 813 or subject to a prescribed care order of the department or a court pursuant to section 820 violates the commitment prior to discharge in accordance with this section, the hospital or physician responsible for treatment shall immediately report this to the department. An arrest warrant must be issued upon application by the department to the District Court or Superior Court.

Sec. 19. 22 MRSA c. 250, sub-c. 2-A,  as amended, is repealed.

Amend the bill by striking out all of section 12 and inserting the following:

Sec. 12. 24 MRSA §2904, sub-§1, ¶A,  as enacted by PL 2003, c. 438, §2, is amended to read:

A. A licensed health care practitioner who voluntarily, without the expectation or receipt of monetary or other compensation either directly or indirectly, provides professional services within the scope of that health care practitioner's licensure:

(1) To a nonprofit organization;

(2) To an agency of the State or any political subdivision of the State;

(3) To members or recipients of services of a nonprofit organization or state or local agency;

(4) To support the State's response to a public health threat as defined in Title 22, section 801, subsection 10; or

(5) To support the State's response to an extreme public health emergency as defined in Title 22, section 801, subsection 4-A; or

(6) To support the State's response to a disaster as defined in Title 37-B, section 703, subsection 2; or

Sec. 13. 24 MRSA §2904, sub-§1, ¶B,  as corrected by RR 2005, c. 2, §19, is amended to read:

B. An emergency medical services person who voluntarily, without the expectation or receipt of monetary or other compensation either directly or indirectly, provides emergency medical services within the scope of that person's licensure:

(1) To support the State's response to a public health threat as defined in Title 22, section 801, subsection 10; or

(2) To support the State's response to an extreme public health emergency as defined in Title 22, section 801, subsection 4-A; or

(3) To support the State's response to a disaster as defined in Title 37-B, section 703, subsection 2.

Sec. 14. 24 MRSA §2904, sub-§2, ¶D,  as enacted by PL 2003, c. 438, §2, is amended to read:

D. To support the State's response to a public health threat as defined in Title 22, section 801, subsection 10; or

Sec. 15. 24 MRSA §2904, sub-§2, ¶E,  as enacted by PL 2003, c. 438, §2, is repealed.

Sec. 16. 26 MRSA c. 7, sub-c. 10,  as amended, is repealed.

Sec. 17. 30-A MRSA §1560, sub-§1-A,  as enacted by PL 2007, c. 359, §2, is amended to read:

1-A. Transportation; medical care.   A person detained or committed to a jail or correctional facility as a consequence of a violation of a public health measure pursuant to Title 22, section 812 or section 813 or as a consequence of a violation of a prescribed care order pursuant to Title 22, section 820 may be transported by the sheriff or superintendent of the correctional facility for medical care if a court orders the transport. The Department of Health and Human Services shall bear the costs of transportation and the per diem compensation for the accompanying officers.

Sec. 18. 37-B MRSA §703, sub-§2,  as amended by PL 2001, c. 694, Pt. B, §5 and affected by PL 2005, c. 383, §24, is further amended to read:

2. Disaster.   "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 2-A, air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment, which is the minority report of the committee, removes from the bill the section that relates to emergency rescue and public safety workers undergoing immunization for certain diseases. The amendment also repeals the authority of the Governor to declare an extreme public health emergency.


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