10-144 CMR Ch. 258; Control of Notifiable Diseases and Conditions Rule-Proposed

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The Department proposes routine technical rule changes to its rule to control specific notifiable communicable, occupational, and environmental diseases and conditions, as authorized by Maine law (22 MRS chapter 250). Proposed changes include adding COVID-19, Enterococcus resistant diseases, Hard Tick Relapsing Fever, Hepatitis C (acute and chronic), Mpox virus infection, PFAS serum test results and removing Rabies post-exposure prophylaxis from the notifiable diseases list, which will align with US CDC’s priorities for state surveillance. In addition, the Department proposes to clarify definitions for “Child Care Facility” and “Commissioner”, add a definition of “Occupational Disease”, update national standard references, and clarify language in Section 2 around what, when, and how to report notifiable diseases and conditions. The proposed rule improves Maine’s ability to prepare for, investigate, and respond to cases, epidemics and occurrences of communicable, environmental, and occupational diseases and declare health emergencies in the event of an actual or threatened epidemic or public health threat.

The Department is proposing to remove the maximum cap that it may fine a laboratory per year, clarifying that each report submitted by a laboratory or reporting facility in a manner inconsistent with this rule is considered a separate civil violation, subject to fine imposition (22 MRS § 804). The Department proposes to incorporate its recent authority to assess a fine of between $250 and $1,000 for each violation, in accordance with 22 MRS 804(2) and PL 2021, ch 349, § 8, for each day a person or entity fails to comply with an order to cease and desist, and repeated noncompliance may result in progressive enforcement action. Additionally, the Department propose changes to Section 6 to reflect recent law changes authorizing an Associate Local Health Officer to assist with the duties of the Local Health Officer during an actual or threatened epidemic or other public health threat. (P.L. 2023 c. 46.) Minor changes to address format are also included.

Office: Maine CDC

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