Powers and duties

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§454-A. Powers and duties

1.  Supervision.  For the purposes of this section, a local health officer is subject to the supervision and direction of the commissioner or the commissioner’s designee.  

[PL 2007, c. 598, §7 (NEW).]

2.  Duties.  Within jurisdictional limits, a local health officer shall:  

A. Make and keep a record of all the proceedings, transactions, ordinances, orders and rules acted upon by the local health officer;   [PL 2007, c. 598, §7 (NEW).]

B. Report to the commissioner or the commissioner's designee facts that relate to communicable diseases and cases of communicable disease as required by department rules;   [PL 2007, c. 598, §7 (NEW).]

C. During a declared health emergency, as defined in section 802, subsections 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;   [PL 2007, c. 598, §7 (NEW).]

D. Receive and examine the nature of complaints made by members of the public concerning conditions posing a public health threat or a potential public health threat;   [PL 2007, c. 598, §7 (NEW).]

E. With the consent of the owner, agent or occupant, enter, inspect and examine any place or premises where filth, whether or not the cause of sickness, or conditions posing a public health threat are known or believed to exist. An agent with special expertise appointed by the local health officer may inspect and examine the place or premises. If entry is refused, the local health officer shall apply for an inspection warrant from the District Court, pursuant to Title 4, section 179, prior to conducting the inspection;   [PL 2007, c. 598, §7 (NEW).]

F. After consulting with the commissioner or the commissioner's designee, order the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat;   [PL 2007, c. 598, §7 (NEW).]

G. Act as a resource for connecting residents with the public health services and resources provided by the Maine Center for Disease Control and Prevention; and   [PL 2007, c. 598, §7 (NEW).]

H. Enforce public health safety laws, including:  

(1) Laws pertaining to the exclusion of students from school under Title 20-A, section 6356;  

(2) Laws pertaining to control of browntail moths under section 1444;  

(3) Laws pertaining to the removal of a private nuisance or nuisance of a dead animal under sections 1561 and 1562;  

(4) Laws pertaining to the establishment of temporary health care facilities under section 1762; and  

(5) Laws pertaining to prohibited dumping under Title 30-A, section 3352.   [PL 2007, c. 598, §7 (NEW).]

For purposes of this subsection, "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.  

[PL 2007, c. 598, §7 (NEW).]

SECTION HISTORY

PL 2007, c. 598, §7 (NEW).


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