HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/MAINEALL.ASC

Text File | 1993-01-14 | 37KB | 913 lines

/* MAINE statutes address testing, services, and community based
organizations, as well as records and confidentiality. */



PART 23 PUBLIC HEALTH

CHAPTER 501 MEDICAL CONDITIONS

Section

19201.    Definitions.

19202.    Committee to Advise the Department of Human Services on
AIDS.

19203.    Confidentiality of test.

19203-A.  Informed consent required.

19203-B.  Anonymous testing sites.

19203-C.  Judicial consent to HIV test.

19203-D.  Records.

19203-E.  HIV test after conviction for sexual assault.

19204.    Repealed.

19204-A.  Counseling.

19204-B.  Restrictions on requiring tests or results of tests.

19204-C.  Restrictions upon revealing HIV antibody test results.

19205.    Coordination of services to persons with AIDS, AIDS
Related Complex and viral positivity.

19206.    Civil liability.

19207.    Repealed.

19208.    Proceedings.



 19201.  Definitions

As used in this chapter, unless the context indicates otherwise,
the following terms have the following meanings.

1.   Antibody to HIV. "Antibody to HIV" means the specific
immunoglobulin produced by the body's immune system in response
to HIV.

2.   Health care provider.  "Health care provider" means any
appropriately licensed, certified or registered provider of
mental or physical health care, either in the public or private
sector or any business establishment providing health care
services.

3.   HIV. "HIV" means the human immunodeficiency virus,
identified as the causative agent of Acquired Immune Deficiency
Syndrome or AIDS.

4.   HIV antigen.  "HIV antigen" means the specific immune-
recognizable marker proteins of HIV.

4A.  HIV test.  "HIV test" means a test for the presence of an
antibody to HIV or a test for an HIV antigen.

5.   HIV infection.  "HIV infection" means the state wherein HIV
has invaded the body and is being actively harbored by the body.

5A.  Informed consent.  "Informed consent" means consent that is:

A.   Based on an actual understanding by the person to be tested:

(1)  That the test is being performed;

(2)  Of the nature of the test;

(3)  Of the persons to whom the results of that test may be
disclosed;

(4) Of the purpose for which the test results may be used;  and

(5) Of any reasonably foreseeable risks and benefits resulting
from the test; and

B.      Wholly voluntary and free from express or implied
coercion.

6.   Person.  "Person" means any natural person, firm,
corporation, partnership or other organization, association or
group, however organized.

7.   Seropositivity.  "Seropositivity" means the presence of
antibody to HIV as detected by appropriate laboratory tests.

8.   Viral positivity.  "Viral positivity" means demonstrated
presence of HIV.



 19202. Committee to Advise the Department of Human Services on
AIDS

The Committee to Advise the Department of Human Services on AIDS,
as established by section 12004-I, subsection 42, consists of not
less than 27 members nor more than 31 members to include
representation of: One allopathic physician from nominees
submitted by the Maine Medical Association; one osteopathic
physician from nominees submitted by the Maine Osteopathic
Association; one nursing home administrator from nominees
submitted by the Maine Health Care Association; one funeral
director from nominees submitted by the Maine Funeral Directors
Association; one social worker from nominees submitted by the
Maine Chapter of the National Association of Social Workers; one
educator from nominees submitted by the Maine Superintendents
Association, the  Maine Teachers Association, the Maine
Elementary Principals' Association and the Maine Secondary School
Principals' Association; one nurse from nominees submitted by the
Maine State Nurses Association; one representative from nominees
submitted by the Maine Hospice Council; 3 members of the high-
risk community one of whom must be a person with hemophilia from
nominees submitted by the Maine Hemophilia Treatment Center and
the Maine Chapter of New England Hemophilia Association, one
representative of the gay community from nominees submitted by
the Maine Lesbian/Gay Political Alliance, and one person living
with AIDS from nominees submitted by the Maine Persons with AIDS
Coalition; one insurance industry representative; one dentist
from nominees submitted by the Maine Dental Association; one
state employee from nominees submitted by the Maine State
Employees Association and the American Federation of State,
County and Municipal Employees; 2 members of the public,
including one parent of a school age child; the Commissioner of
Human Services or the commissioner's designee who shall serve
during the commissioner's term of office; one mental health
professional from nominees submitted by the Maine Psychological
Association and the Maine Council of Community Mental Health
Services; one member representing hospitals from nominees
submitted by the Maine Hospital Association; one member
representing public health professionals from nominees submitted
by the Maine Public Health Association; one infection control
practitioner from nominees submitted by the Maine Council for
Infection Control Practitioners; one representative from nominees
submitted by the Maine Human Rights Commission; one
representative of a nonprofit hospital or medical service
organization; one substance abuse counselor; one member of the
clergy; one representative AIDS service providers from nominees
submitted by the Maine AIDS Alliance; and 2 Legislators, one
member of the House of Representatives appointed by the Speaker
of the House of Representatives and one Senator appointed by the
President of the Senate  The members, except for those
specifically designated in this paragraph, must be appointed by
the Governor for their competence and experience in connection
with these fields.

1.   Membership. The term of office of each member shall be 3
years; provided that of the members first appointed, 1/3 shall be
appointed for a term of one year, 1/3 for terms of 2 years and
1/3 for terms of 3 years.  The Governor shall designate a
chairman and vice-chairman to serve at t he pleasure of the
Governor.  The chairman shall be the presiding member of the
committee.  All vacancies shall be filled for the balance of the
unexpired term in the same manner as original appointments.  The
members of the committee shall be compensated in accordance with
chapter 379.

2.   Duties. The committee shall advise the department on:

A.   Content and dissemination of educational materials;

B.   Crises that may develop;

C.   Coordination of services to persons with AIDS, AIDS Related
Complex or viral positivity;

D.   Coordination of services for family and other persons
providing care and support to persons with AIDS, AIDS Related
Complex or viral positivity; and

E.   AIDS related policy and proposed rules.

3.   Meetings. The advisory committee shall meet at least 4 times
a year and more frequently if needed to respond to the duties of
this committee as specified in subsection 2.  Special meetings
may be called by the chairman and shall be called at the request
of the State Epidemiologist, the Director of the Bureau of
Health, the Director of Disease Control, the Director of Sexually
Transmitted Diseases or by 3 or more members of the committee.



 19203.  Confidentiality of test

No person may disclose the results of an HIV test, except as
follows:

1.   Subject of test. To the subject of the test;

2.   Designated health care provider. To a health care provider
designated by the subject of the test in writing. When a patient
has authorized disclosure of HIV test results to a person or
organization providing health care, the patient's physician may
make these results available only to other health care providers
working directly with the patient, and only for the purpose of
providing direct patient care.  Any physician who discloses HIV
test results in good faith pursuant to this subsection shall be
immune from any criminal or civil liability for the act of
disclosing HIV test results to other health care providers;

3.   Authorized person. To a person or persons to whom the test
subject has authorized disclosure in writing, except that the
disclosure may not be used to violate any other provisions of
this chapter;

4.   Certain health care providers.  A health care provider who
procures, processes, distributes or uses a human body part
donated for a purpose may, without obtaining informed consent to
the testing, perform an HIV test in order to assure medical
acceptability of the gift for the purpose intended.  Testing
pursuant to this subsection does not require pretest and post-
test counseling;

5.   Research facility.  The Department of Human Services, a
laboratory certified and approved by the Department of Human
Services pursuant to Title 22, chapter 411, or a health care
provider, blood bank, blood center or plasma center may, for the
purpose of research and without first obtaining informed consent
to the testing, subject any body fluids or tissues to an HIV test
if the testing is performed in a manner by which the identity of
the test subject is not -known and may not be retrieved by the
researcher;

6.   Anonymous testing sites.  To an anonymous testing site
established pursuant to section 19203-B;

7.   Other agencies.  To employees of, or other persons
designated by, the Department of Corrections, the Department of
Human Services and the Department of Mental Health and Mental
Retardation, to the extent that those employees or other persons
are responsible for the treatment or care of subjects of the
test.  Those agencies shall promulgate rules, within 90 days of
the effective date of this subsection, pursuant to the Maine
Administrative Procedure Act, chapter 375, subchapter II,
designating the persons or classes of persons to whom the test
results may be disclosed;

8.   Bureau of Health. To the Bureau of Health, which may
disclose results to other persons only if that disclosure is
necessary to carry out its duties as provided in Title 22,
sections 3, 7 and 42 and chapters 250 and 251;

9.   Medical records. As part of a medical record when release or
disclosure of that record is authorized pursuant to section 19203-
D; or

10.     Court ordered disclosure. To:

A.   A person authorized by section 19203-C to receive test
results following an accidental exposure; or

B.   A victim-witness advocate authorized by section 19203-E to
receive test results of a person convicted of gross sexual
assault who shall disclose to a petitioner under section 19203-E.

This section does not prohibit limited administrative disclosure
in conjunction with a mandatory testing program of a military
organization subject to Title 37-B.

Nothing in this section may be construed as prohibiting the entry
of an HIV test result on the patient's medical record in
accordance with this chapter.



 19203-A. Informed consent required

1.   Individual tested.  Except as provided in this section and
section 19203, subsections 4 and 5, no person may perform an HIV
test without first obtaining the written informed consent of the
person to be tested.  Anonymous test sites under section 192O3-B,
are exempt from the requirement that the informed consent be in
writing.

2.   Insurers. Persons required to take an HIV test by an
insurer, nonprofit hospital or medical service organization or
nonprofit health care plan must provide their written informed
consent on forms approved by the Superintendent of insurance.
Pretest and post-test counseling must be provided by the person
or organization requesting the test.  The Superintendent of
Insurance may promulgate rules to define language requirements of
the form.

3.   Access to medical care.  No health care provider may deny
any person medical treatment or care solely for refusal to give
consent for an HIV test. No health care provider may request a
person's written consent to an HIV test as a precondition to the
provision of health care. All written consent to testing shall be
in accordance with section 19201, subsection 5A.  Nothing in this
section may prohibit a health care provider from recommending an
HIV test for diagnostic or treatment purposes.  No physician or
other health care provider may be civilly liable for failing to
have an HIV test performed for diagnostic or treatment purposes
if the test was recommended and refused in writing by the
patient.

4.   Accidental exposure in health care facility.  Consent need
not be obtained when a health care provider, an employee of a
health care facility or a patient in a health care facility is
exposed to the blood or body fluids of another and the exposure
creates a significant risk of infection provided that a court
order has been obtained under section 19203-C. The fact that an
HIV test was given as a result of an accidental exposure in a
health care facility and the results of that test shall not
appear in a patient's medical record. Counseling on risk
reduction must be offered, but the patient may choose not to be
informed about the result of the test.

5.   Exposure from gross sexual assault. Consent need not be
obtained when a victim of gross sexual assault has been exposed
to the blood or body fluids of the convicted offender and the
exposure creates a significant risk of infection, provided that a
court order has been obtained under section 19203-E. The fact
that an HIV test was given as a result of the exposure and the
results of that test may not appear in a convicted offender's
medical record.  Counseling on risk reduction must be offered,
but the convicted offender may choose not to be informed about
the result of the test.



 19203-B.  Anonymous testing sites

The Department of Human Services may designate or establish
certification and approval standards for and support anonymous
testing sites where an individual may request an HIV test under
conditions which ensure anonymity.



 19203-C. Judicial consent to HIV test

1.   Petition.  Any person described in subsection 1-A who has
been accidentally exposed to blood or body fluid of a patient in
a health care facility may petition the District Court with
jurisdiction over the health care facility where the patient was
being treated at the time of the accidental exposure to require
the patient to submit to an HIV test provided that the following
conditions have been met:

A.   The exposure to blood or body fluids creates a significant
risk of HIV infection, as defined by the Bureau of Health through
the promulgation of rules in accordance with the Maine
Administrative Procedure Act, chapter 375;

B.   The authorized representative of the health care facility
has informed the patient of the accidental exposure and has
sought to obtain written informed consent from the patient; and

C.   Written informed consent was not given by the patient and
the patient has stated in writing the refusal to be tested.

1-A. Persons authorized. This section applies to the following
persons:

A.   A health care provider;

B.   An employee or patient of a health care facility; or

C.   An emergency medical services person, as defined in Title
32, section 83, law enforcement officer or fire fighter who
rendered assistance to a person transported to a health care
facility.

2.   Prehearing duties of the court. Upon receipt by the District
Court of the petition, the court shall:

A.   Schedule a hearing to be held as soon as practicable;

B.   Cause a written notice of the petition and hearing to be
given, in accordance with the Maine Rules of Civil Procedure, to
the patient who is the subject of the proceeding;

C.   Appoint counsel, if requested, for any indigent client not
already represented; and

D.   Furnish counsel with copies of the petition.

3.   Hearing. The hearing shall be governed as follows.

A.   The hearing shall be conducted in accordance with the Maine
Rules of Evidence and in an informal manner consistent with
orderly procedure.

B.   The hearing shall be confidential and be electronically or
stenographically recorded.

C.   The report of the hearing proceedings shall be sealed. No
report of the hearing proceedings may be released to the public,
except by permission of the patient or the patient's counsel and
with the approval of the court.

D.   The court may order a public hearing at the request of the
patient or the patient's counsel.

4.   Determination. The court may require the patient to obtain
an HIV test only if the petitioner proves, by a preponderance of
the evidence that:

A.   The exposure to blood or body fluids of the patient created
a significant risk of HIV infection as defined by the Bureau of
Health through the promulgation of rules in accordance with the
Maine Administrative Procedure Act, chapter 375;

B.   An authorized representative of the health care facility has
informed the patient of the accidental exposure and has sought to
obtain written informed consent from the patient; and

C.   Written informed consent was not given by the patient and
the patient has stated in writing the refusal to be tested.

5.   Consent. The court may not order a patient to obtain an HIV
test unless the health care worker accidentally exposed to the
blood or body fluids of that patient has consented to and
obtained an HIV test immediately following that documented
exposure.

6.   Costs.  The health care facility shall be responsible for
the petitioner's reasonable costs related to obtaining the
results of an HIV test pursuant to this section, including the
payment of the petitioner's attorneys' fees.

7.   Appeals. A patient required to undergo an HIV test may
appeal the order to Superior Court. The appeal is limited to
questions of law. Any findings of fact of the District Court may
not be set aside unless clearly erroneous.

8.   Reporting to bureau and counseling. The health care facility
where the accidental exposure took place shall report to the
Bureau of Health any case in which a person is tested pursuant to
this section. All tests conducted pursuant to this section shall
be accompanied by pretest and post-test counseling as defined in
section 19204-A.

9.   Subsequent testing of the patient. Subsequent testing
arising out of the same incident of accidental exposure shall be
conducted in accordance with this section.



 19203-D.  Records

When a medical record entry is made concerning information of a
patient's HIV infection status, including the results of an HIV
test, the following shall apply to the release of that
information as a part of the medical record.

1.   Authorized release. The patient, at or near the time the
entry is made in the medical record, shall elect, in writing,
whether to authorize the release of that portion of the medical
record containing the HIV infection status information when the
patient's medical record has been requested. A new election may
be made when a change in the patient's HIV infection status
occurs or whenever the patient makes a new election. The release
form shall clearly state whether or not the patient has
authorized the release of that information. The patient shall be
advised of the potential implications of authorizing the release
of that information.

A.   When release has been authorized, the custodian of the
medical record may release, upon request, the patient's medical
record, including any HIV infection status information contained
in the medical record.  Release of HIV infection status
information pursuant to this paragraph shall not be a violation
of any of the confidentiality provisions of this chapter.

B.   When release has not been authorized, the custodian of the
medical record may, upon request, release that portion of the
medical record which does not contain the HIV infection status
information. Except as otherwise provided in this section, HIV
infection status information may only be released if the patient
has specifically authorized a separate release of that
information.  A general release form is insufficient.

2.   Authorized disclosure. No medical record containing results
of an HIV test may be disclosed, discoverable or compelled to be
produced in any civil, criminal, administrative or other
proceedings without the patient's consent, except in the
following cases:

A.   Proceedings held pursuant to the communicable disease laws,
Title 22, chapter 251;

B.   Proceedings held pursuant to the Adult Protective Services
Act, Title 22, chapter 958-A;

C.   Proceedings held pursuant to the child protection laws,
Title 22, chapter 1O71;

D.   Proceedings held pursuant to the mental health laws, Title
34-B, chapter 3, subchapter IV, article III; and

E.   Pursuant to a court order upon a showing of good cause,
provided that the court order limits the use and disclosure of
records and provides sanctions for misuse of records or sets
forth other methods for assuring confidentiality.

3.   Utilization review; research. Nothing in this section may be
interpreted to prohibit reviews of medical records for
utilization review purposes by duly authorized utilization review
committees or peer review organizations. Qualified personnel
conducting scientific research, management audits, financial
audits or program evaluation with the use of medical records may
not identify, directly or indirectly, any individual patient in
any report of such research, audit, evaluation or otherwise
disclose patient identities in any manner.

4.   Access by health care providers.  Nothing in this section
may prohibit access to medical records by the patient's
designated health care provider in accordance with section 19203,
subsection 2.

5.   Confidentiality policy.  Health care providers with patient
records containing HIV infection status information shall have a
written policy providing for confidentiality of all patient
information consistent with this chapter.  That policy shall
require, at a minimum, termination of employment for violations
of the confidentiality policy.



 19203-E. HIV test after conviction for sexual assault

1.   Definition-As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

A.   "Convicted offender" means the person convicted for a gross
sexual assault, or, in the case of a juvenile, the person who has
been adjudicated as having committed the juvenile crime of gross
sexual assault.

B.   "Petitioner" means a person who is the victim of gross
sexual assault who allegedly has been exposed to the blood or
body fluids of the convicted offender and who files a petition
with the District Court under subsection 2.

2.   Petition.  A person who is the victim of gross sexual
assault who allegedly has been exposed to the blood or body
fluids of the convicted offender may petition the District Court
with jurisdiction over the convicted offender to require the
convicted offender to submit to HIV Testing, provided that the
following conditions have been met:

A.  The petitioner has consented to and obtained an HIV test
within 6 weeks following the alleged exposure to the blood or
body fluids of the convicted offender;

B.   The exposure to blood or body fluids as alleged creates a
significant risk of HIV infection, u defined by the Department of
Human Services, Bureau of Health through the adoption of rules in
accordance with the Maine Administrative Procedure Act;

C.   The authorized representative of the petitioner, the
prosecuting attorney or the court has sought to obtain written
informed consent from the convicted offender; and

D.   Written informed consent was not given by the convicted
offender.

3.   Prehearing duties of the court.  Upon receipt of the
petition, the court shall:

A.   Schedule a hearing to be held as soon as practicable;

B.   Cause a written notice of the petition and hearing to be
given, in accordance with the Maine Rules of Civil Procedure, to
the convicted offender who is the subject of the proceeding;

C.   Appoint counsel, if requested, for any indigent convicted
offender not already represented; and

D.   Furnish counsel with copies of the petition.

4.   Hearing. The hearing is governed by the following.

A.   The hearing must be conducted in accordance with the Maine
Rules of Evidence and in an informal manner consistent with
orderly procedure.

B.   The hearing must be confidential and be electronically or
stenographically recorded.

C.   The report of the hearing proceedings must be sealed. No
report of the hearing proceedings may be released to the public,
except by permission of the convicted offender and with the
approval of the court.

D.   The court may order a public hearing at the request of the
convicted offender.

5.   Determination.  The court may require the convicted offender
to obtain HIV Testing only if the petitioner proves by a
preponderance of the evidence that:

A.   The alleged exposure to blood or body fluids of the
convicted offender created a significant risk of HIV infection as
defined by the Department of Human Services, Bureau of Health
through the adoption of rules in accordance with the Maine
Administrative Procedure Act;

B.   An authorized representative of the petitioner, the
prosecuting attorney or the court has sought to obtain written
informed consent from the convicted offender; and

C.   Written informed consent was not given by the convicted
offender.

6.   Consent.  The court may not order a convicted offender to
obtain HIV Testing unless the petitioner has consented to and
obtained an HIV test within 6 weeks following the gross sexual
assault.

7.   Appeals. A convicted offender who is required to undergo an
HIV test may appeal the order to Superior Court The appeal is
limited to questions of law. Any findings of fact of the District
Court may not be set aside unless clearly erroneous.

8.   Reporting and counseling. The health care facility in which
any person is tested pursuant to this section shall report to the
Bureau of Health. The health care facility in which a convicted
offender required to undergo an HIV test is tested shall disclose
the results of the convicted offender's test to the victim-
witness advocate who shall disclose the results to the
petitioner.  The convicted offender's HIV test results may not be
disclosed to the petitioner until the petitioner has received
counseling regarding the nature, reliability and significance of
the convicted offender's HIV test and the confidential nature of
the test.  All counseling must he provided by a Department of
Human Services certified HIV antibody counselor.  All tests
conducted pursuant to this section must be accompanied by pretest
and posttest counseling as defined in section 19204-A.

9.   Subsequent testing.  Subsequent testing arising out of the
same incident of exposure must be conducted in accordance with
this section.  Other testing of the convicted offender may not be
required except as provided by this section.



 19204.  Restrictions upon revealing HIV test results

This section is repealed on October 1, 1990.



 19204-A.  Counseling

Except as otherwise provided by this chapter,. persons who obtain
an HIV test must be offered pretest and post-test counseling.
Persons who are authorized by section 19203-C or 19203-E to
receive test results after exposure must be offered counseling
regarding the nature, reliability and significance of the HIV
test and the confidential nature of the test.

1.   Pretest counseling. "Pretest counseling" means:

A.   Personal counseling that includes, at a minimum, a
discussion of:

(1)  The nature and reliability of the test being proposed;

(2)  The person to whom the results of the test may be disclosed;

(3)  The purpose for which the test results may be used; and

(4)  Any reasonably foreseeable risks and benefits resulting from
the test; and

B.   A written memorandum summarizing the contents of the
discussion given to the person being counseled. A written
informed consent form may be used to satisfy the requirement for
a written memorandum in this paragraph if it contains all the
required information.  A written consent form does not satisfy
the requirement for personal counseling in paragraph A.

2.   Post-test counseling.  "Post-test counseling" means:

A.   Personal counseling that includes, at a minimum, a
discussion  of:

(1)  The test results and the reliability and significance of the
test results;

(2) The social and emotional consequences of the information;

(3)  Information on good preventive practices and risk reduction
plans; and

(4)  Referrals for medical care and other support services as
needed; and

B.   A written memorandum summarizing the contents of the
discussion given to the person being counseled.



 19204-B.  Restrictions on requiring tests or results of tests

1.   Employee testing.  No health care facility may require that
any employee or applicant for employment submit to an HIV test or
reveal whether the employee or applicant for employment has
obtained an HIV test as a condition of employment or to maintain
employment, except when based on a bona fide occupational
qualification. Enforcement of this subsection is assigned to the
Maine Human Rights Commission.



 19204-C.  Restrictions upon revealing HIV antibody test results

No insurer, nonprofit hospital or medical services organization
or nonprofit health care plan may request any person to reveal
whether the person has obtained a test for the presence of
antibodies to HIV or a test to measure the virus or to reveal the
results of such tests taken prior to an application for insurance
coverage.



 19204-B.  Restrictions on requiring tests or results of tests

1.   Employee testing. No health care facility may require that
any employee or applicant for employment submit to an HIV test or
reveal whether the employee or applicant for employment has
obtained an HIV test as a condition of employment or to maintain
employment, except when based on a bona fide occupational
qualification.  Enforcement of this subsection is assigned to the
Maine Human Rights Commission.

2.   Employee rights. The employment status of any employee of a
health care facility shall not be affected or changed:

A.   If the employee declines to be tested pursuant to section
19203-A;

B.   If the employee testifies or assists in any proceeding under
this chapter;

C.   If the employee asserts any other rights exercised in good
faith pursuant to this chapter; or

D.   Because of the result of any test taken pursuant to this
chapter.



 19205. Coordination of services to persons with AIDS, AIDS
Related Complex and viral positivity

1.   Policy; services. It shall be the policy of the State to
provide to persons who test positive for HIV or have been
diagnosed as having AIDS or AIDS-Related Complex services of
departments and agencies, including, but not limited to, the
Department of Education, the Department of Mental Health and
Retardation, the Department of Human Services and the Department
of Corrections.

2.   Coordination of services.  A person designated by the
Commissioner of Human Services shall insure coordination of new
and existing services so as to meet the needs of persons with
AIDS, AIDS Related Complex and viral positivity and identify gaps
in programs.

The committee established in section 12004-I, subsection 42,
shall work with the person designated in this chapter to insure
the coordination of services to meet the needs of persons with
AIDS, HIV-Related Complex and viral positivity.

3.   Development of a client support services system.  A client
support services system shall be developed to assist individuals
infected with the Human Immune Deficiency Virus and to ensure
that they receive necessary services. The client support service,
arranged by the staff of community-based agencies, shall include,
but not be limited to, assisting the individual's needs and
assisting the individual with obtaining access to necessary
health care, social service, housing, transportation, counseling
and income maintenance services. The Department of Human Services
shall be responsible for providing overall direction for the
development of the client support services system.



 19206.  Civil liability

Any person violating this chapter is liable to the subject of the
test for actual damages and costs plus a civil penalty of up to
$1,000 for a negligent violation and up to $5,000 for an
intentional violation, subject to Title 14, chapter 741.

Any person may bring an action for injunctive relief for a
violation of sections 19203 and 19204 in addition to or instead
of the penalties provided in this section. The applicant for
injunctive relief under this section shall not be required to
give security as a condition upon the issuance of the injunction.



19208.  Proceedings

All proceedings brought pursuant to this chapter shall be closed
to the public, unless the court orders otherwise with the consent
of all parties.





CHAPTER 502 COMMUNITY-BASED AIDS ORGANIZATIONS

Section

19251.    Definitions.

19252.    Authorization for expenditure of funds.

19253.    Fiscal agents.

19254.    Rules.



 19251.  Definitions

As used in this chapter, unless the context indicates otherwise,
the following terms -have the following meanings.

1.   Bureau - "Bureau" means the Department of Human Services,
Bureau of Health.

2.   Community-based AIDS organization.  "Community-based AIDS
organization" means a nonprofit community organization whose
primary purpose is to provide educational information on HIV-
related illnesses, support to persons with HIV-related illnesses
and assistance to families and others providing care and support
to persons with HIV related illnesses.

3.   Fiscal agent.  "Fiscal agent" means an incorporated
community organization, agency or institution designated by a
community-based AIDS organization and authorized by the bureau to
receive and distribute grants to that community-based AIDS
organization.

4.   Statewide AIDS alliance. "Statewide AIDS alliance" means a
statewide coalition of community-based AIDS organizations having
at least one representative from each member organization.



 19252.  Authorization for expenditure of funds

The bureau may make grants to community-based AIDS organizations
or fiscal agents for the purposes of maintaining a statewide
network of volunteer organizations that are members of a
statewide AIDS alliance and supporting the work of those
organizations.

1.   Grants. Grants shall be made according to rules adopted by
the bureau. In order to be eligible for a grant, the applicant
must match state funds, in a percentage to be determined by the
bureau, from community contributions of cash or contributions in
kind.

2.   Award of grants. Grants awarded shall be based on submission
to the bureau of an annual plan which includes, but is not
limited to, community education, materials and ongoing operations
of the organization.

3.   Distribution of grants. Grants shall be awarded to support
existing community-based AIDS organizations and to assist the
establishment of new community-based AIDS organizations. The
bureau shall award the first grant no later than October 1, 1989.

4.   Consultation with statewide AIDS alliance. The bureau shall
seek the advice of a statewide AIDS alliance regarding the
distribution of grants before any grants are awarded.



 19253.  Fiscal agents

A fiscal agent receiving grants under this chapter shall act only
in an administrative capacity to receive and distribute grant
money to the nonprofit community organization, as described in
the rules promulgated by the bureau for regulating the local
administration of these programs.



 19254.  Rules

The bureau shall adopt rules, pursuant to the Maine
Administrative Procedure Act, chapter 375, which are necessary
for the implementation of this chapter including, but not limited
to, program and administrative standards.