In their letter, the prosecutors wrote that the bill “purports to shield from liability those offering or aiding the provision of unlawful services to citizens located in our states.”
They also argued that the bill “purports to block valid orders and judgments from our state courts enforcing laws upheld by federal appellate courts.”
State Rep. Anne Perry, who first put forth the bill in the Maine House of Representatives, clarified to CNA on Tuesday that under the proposal, “a provider cannot travel to another state to provide services that are legal in Maine but not in another state.”
“A provider working in another state must follow that state’s laws,” she said. “This bill only covers services that occur in Maine when both the provider and patient are physically in Maine and subject to Maine law.”
The bill would further allow state residents to “bring a civil action in [Maine]” against out-of-state individuals who seek “civil, criminal, or administrative” actions against Maine residents over “protected health care activity.”
The attorneys general in their letter argued that the measure “creates a private right of action for damages against law enforcement, prosecutors, and other officials in our states who are enforcing our own valid state laws.”
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