Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 7801 (2026)

License or approval required

✓ current as of May 2026
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1.  License required.  Except as provided in subsection 3 or section 7805, a person, firm, corporation or association may not operate any of the following without having, subject to this Subtitle and to the rules adopted by the department under this Subtitle, a written license from the department:  
A. A residential care facility;   [PL 1993, c. 661, §2 (AMD).]
A-1. In accordance with subparagraphs (1) and (2), an assisted housing facility either directly or by contract providing to its residents any of the following services: personal care assistance, the administration of medication or nursing services.  
(1) An assisted housing facility may directly provide to its residents meals, housekeeping and chore assistance, case management and personal care assistance delivered on the site of congregate housing without obtaining a separate license to do so.  
(2) An assisted housing facility licensee may hold at any one time only one license under this subsection. A qualified assisted housing facility may obtain a license for a different category under this subsection, upon application and surrender of the previous license;   [PL 2023, c. 176, §4 (AMD).]
B. A drug treatment center;   [PL 1983, c. 386, §1 (RPR).]
C. A children's home;   [PL 1983, c. 386, §1 (RPR).]
D. A child placing agency;   [PL 1983, c. 386, §1 (RPR).]
E. A child care facility licensed under section 8301‑A, subsection 2;   [PL 2021, c. 35, §11 (AMD).]
F.   [PL 2001, c. 645, §4 (RP).]
G. An adult day care program; or   [PL 2021, c. 35, §12 (AMD).]
H. A family child care provider licensed under section 8301‑A, subsection 3.   [PL 2021, c. 35, §13 (NEW).]
[PL 2023, c. 176, §4 (AMD).]
2.  Approval. 
[PL 1985, c. 770, §4 (RP).]
3.  Residential care facilities.  A residential care facility providing care to no more than 2 residents is not required to obtain a license under subsection 1, unless the license is required for the residential care facilities to receive payment from available state funds, including the State's share of MaineCare reimbursements. The department may issue 2-year licenses and conduct modified surveys for compliance of those facilities as long as the facilities have relatively deficiency-free surveys with no history of health or safety violations.  
[PL 2023, c. 89, §2 (AMD).]
3-A.  Residential care facilities serving adults with certain conditions.  This subsection applies to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, as defined in Title 34‑B, section 6002, subsection 1, a related condition, as defined in Title 34‑B, section 5001, subsection 5‑A, or an acquired brain injury.  
A. A residential care facility to which this subsection applies must obtain a license as provided by Title 34‑B, section 1203‑B.   [PL 2023, c. 89, §3 (NEW).]
B. (TEXT EFFECTIVE UNTIL 7/1/26) (TEXT REPEALED 7/1/26) A license issued under this chapter before July 1, 2024 to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury continues in effect until the license's expiration date, unless subject to the disciplinary authority of the department.   [PL 2023, c. 89, §3 (NEW).]
This paragraph is repealed July 1, 2026.   [PL 2023, c. 89, §3 (NEW).]
[PL 2023, c. 89, §3 (NEW).]
4.  Boarding homes. 
[PL 1993, c. 661, §4 (RP).]
5.  Residents under age of 18 years.  Notwithstanding any age requirement, a person who is 17 years of age or older may be a resident in an adult foster home or boarding home without the home being required to be licensed as a children's home under chapter 1669 if the department determines that such a placement is in the best interests of that person.  
[PL 1989, c. 355, §1 (NEW).]
6.  National accreditation.  A person, firm, corporation or association operating a program or facility described under subsection 1 that receives and maintains accreditation from a national accrediting body approved by the department may be determined by the department to be in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this subsection in response to a complaint against the program or facility.  
[PL 2021, c. 532, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1983, c. 386, §1 (RPR). PL 1985, c. 770, §4 (AMD). PL 1987, c. 389, §§2-4 (AMD). PL 1989, c. 355, §1 (AMD). PL 1993, c. 661, §§2-4 (AMD). PL 1995, c. 670, §B5 (AMD). PL 1995, c. 670, §D5 (AFF). PL 1999, c. 392, §2 (AMD). RR 2001, c. 2, §A36 (COR). PL 2001, c. 596, §B12 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2001, c. 645, §§3,4 (AMD). PL 2011, c. 145, §2 (AMD). PL 2021, c. 35, §§11-13 (AMD). PL 2021, c. 532, §1 (AMD). PL 2023, c. 89, §§2, 3 (AMD). PL 2023, c. 176, §4 (AMD).
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Notes of Decisions
Cited in 6 cases, 1983–2020 · leading case: Reardon v. Dep't of Human Servs., 2003 ME 65 (Me. 2003).
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Reardon v. Dep't of Human Servs., 2003 ME 65 (Me. 2003). · cites it 2× “A "long-term care facility” is a term encompassing many different types of facilities, including facilities subject to licensure pursuant to 22 M.R.S.A. § 7801 et seq., which includes residential care facilities providing care to more than two residents.”
Bangor Baptist Church v. State of Me., Dept. of Educ., 576 F. Supp. 1299 (D. Me. 1983). · cites it 2× “” 22 M.R.S.A. §§ 7801, 8402. Also conspicuously absent from the subchapter of the statutes governing basic approval of private schools are provisions limiting administrative discretion in prescribing licensing requirements, see 22 M.”
Reardon v. Maine Dep't of Human Servs. (Me. Super. Ct 2002). · cites it 2× “Background On July 26, 2000, the Maine Department of Human Services (“DHS”) investigated Arthur and Jillayne Reardon (“Petitioners”) and learned they were providing assisted living services for more than two non-related individuals without a license in violation of Section 2020…”
Maine Life Care Ret. Cmty., Inc. v. Town of Scarborough (Me. Super. Ct 2020). “2 ( ( The assisted living units are licensed as a nonprofit residential care facility by DHHS pursuant to 22 M.R.S. § 7801. The skilled nursing care units are licensed as a nonprofit nursing home by DHHS pursuant to 22 M.”
Goudreau v. Maine Dep't of Health & Human Servs. (Me. Super. Ct 2005). “See 22 M.R.S.A. § 7801 (2004). In the Defendant's view, this statutory scheme reflects the Legislature’s intent that individuals and entities providing assisted living services have a license to do so.”
Francis Small Heritage Trust, Inc. v. The Town of Limington (Me. Super. Ct 2013). “6 22 M.R.S.A. § 7801 et seq. § 6 53. Estates of veterans The following estates of veterans are exempt from taxation: 711 ATTORNEY FOR PLAINTIFF: DAVID A.”
— Me. Rev. Stat. tit. 22, § 7801(1)(A) — 1 case
Reardon v. Dep't of Human Servs., 2003 ME 65 (Me. 2003). “A "long-term care facility” is a term encompassing many different types of facilities, including facilities subject to licensure pursuant to 22 M.R.S.A. § 7801 et seq., which includes residential care facilities providing care to more than two residents.”
— Me. Rev. Stat. tit. 22, § 7801(2) — 1 case
Bangor Baptist Church v. State of Me., Dept. of Educ., 576 F. Supp. 1299 (D. Me. 1983). “” 22 M.R.S.A. §§ 7801, 8402. Also conspicuously absent from the subchapter of the statutes governing basic approval of private schools are provisions limiting administrative discretion in prescribing licensing requirements, see 22 M.”
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