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.

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.

Sec. 5. 22 MRSA §801, sub-§11 is enacted to read:

11.__Toxic agent.__"Toxic agent" means a chemical or physical substance that, under certain circumstances of exposure, may cause harmful effects to living organisms.

Sec. 6. 22 MRSA §802, sub-§1, ¶¶A to D, as enacted by PL 1989, c. 487, §11, are amended to read:

A. Designate and classify communicable, environmental and occupational diseases;

B. Establish requirements for reporting and other surveillance methods for measuring the occurrence of