Maine LD 768: An Act To Authorize State Political Parties To Opt Out Of Ranked-Choice Voting For Primary Elections

Bill Text

Page 1 - 132LR0260(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 326 - L.D. 768
An Act to Update the Laws Governing the Licensing of Intermediate Care
Facilities for Persons with Intellectual Disabilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §42, sub-§1-A, as amended by PL 2011, c. 542, Pt. A, §24, is
further amended to read:
1-A. Administration of medication. The administration of medication in boarding
assisted housing programs, residential care facilities, drug treatment centers, day care
facilities, children's homes and nursery schools and group home nonnursing level
intermediate care facilities for persons with intellectual disabilities must be in accordance
with rules established by the department. In other facilities licensed or approved by the
department, excluding those facilities licensed under section 1811, other than group home
nonnursing level intermediate care facilities for persons with intellectual disabilities, the
department may establish rules for the administration of medication as it considers
necessary. In establishing rules for each type of facility, the department shall consider,
among other factors, the general health of the persons likely to receive medication, the
number of persons served by the facility and the number of persons employed at the facility
who might be involved in the administration of medication. Any rules for the
administration of medication must be established in accordance with Title 5, chapter 375.
Sec. 2. 22 MRSA §1812-B, as amended by PL 2011, c. 542, Pt. A, §28, is further
amended to read:
§1812-B. Hospitals and nursing homes Delegating the administration of medication
The administration of medication in facilities licensed under section 1811, except
group home nonnursing level intermediate care facilities for persons with intellectual
disabilities, may be delegated to unlicensed personnel when such personnel have received
appropriate training and instruction and the programs of training and instruction have been
approved by the State Board of Nursing. The administration of medication in group home
nonnursing level intermediate care facilities for persons with intellectual disabilities may
be performed by unlicensed personnel when these personnel have received appropriate
training and instruction and the programs of training and instruction have been approved
by the department. Delegation of the administration of medication does not require the
APPROVED
JUNE 10, 2025
BY GOVERNOR
CHAPTER
237
PUBLIC LAW

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personal presence of the delegating professional nurse at the place where this service is
performed, unless that personal presence is necessary to assure ensure that medications are
safely administered. The board shall issue such rules concerning delegation as it considers
necessary to insure ensure the highest quality of health care to the patient. The department
shall issue such rules as it considers necessary to insure ensure the highest quality of health
care to residents of group home nonnursing level intermediate care facilities for persons
with intellectual disabilities.
Sec. 3. 22 MRSA §1812-K, as amended by PL 2013, c. 588, Pt. A, §24, is repealed.
Sec. 4. 22 MRSA §1812-M is enacted to read:
§1812-M. Intermediate care facility for persons with intellectual disabilities
Notwithstanding any provision of section 1817 to the contrary, the following
provisions apply to the licensing of intermediate care facilities for persons with intellectual
disabilities.
1. Definitions. For the purposes of this section, the following terms having the
following meanings.
A. "ICF/IID group facility" means a facility that provides services for clients with a
diagnosis of intellectual disability, or related conditions, who require less than 8 hours
of licensed nurse supervision per day.
B. "ICF/IID nursing facility" means a facility that provides services for clients with a
diagnosis of intellectual disability whose medical and nursing needs require the
presence of a licensed nurse at least 8 hours per day and 7 days per week and provides
nursing coverage to its clients 24 hours per day.
C. "Intellectual disability" means significantly subaverage intellectual functioning
resulting in or associated with concurrent impairments in adaptive behavior and
manifested during the developmental period.
D. "Intermediate care facility for individuals with intellectual disabilities" or
"ICF/IID" means a facility that furnishes services to individuals with intellectual
disabilities that conform with the conditions described in 42 Code of Federal
Regulations, Section 440.150 (2024).
2. License required. The operation of an intermediate care facility for individuals
with intellectual disabilities requires a license issued by the department in accordance with
this section.
3. Licenses generally. The department is authorized to issue a license to an ICF/IID
that, after inspection, is found