1. 1. Physical or mental disability, defined "Physical or mental disability" means:

   1. A. A physical or mental impairment that:

      1. (1) Substantially limits one or more of a person's major life activities;
      2. (2) Significantly impairs physical or mental health; or

      3. (3) Requires special education, vocational rehabilitation or related services;

         [PL 2007, c. 385, §3 (NEW).]

   2. B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury;

      [PL 2011, c. 542, Pt. A, §3 (AMD).]

   3. C. With respect to an individual, having a record of any of the conditions in paragraph A or B; or

      [PL 2007, c. 385, §3 (NEW).]

   4. D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B.

      [PL 2007, c. 385, §3 (NEW).]

   [PL 2011, c. 542, Pt. A, §3 (AMD).]

2. 2. Additional terms For purposes of this section:

   1. A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and

      [PL 2007, c. 385, §3 (NEW).]

   2. B. "Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population.

      [PL 2007, c. 385, §3 (NEW).]

   [PL 2007, c. 385, §3 (NEW).]

3. 3. Exceptions "Physical or mental disability" does not include:

   1. A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking;

      [PL 2007, c. 385, §3 (NEW).]

   2. B. Any condition covered under section 4553, subsection 9‑C; or

      [PL 2007, c. 385, §3 (NEW).]

   3. C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who:

      1. (1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use;
      2. (2) Is participating in a supervised rehabilitation program and is no longer engaging in such use;
      3. (3) Is erroneously regarded as engaging in such use, but is not engaging in such use; or

      4. (4) In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment.

         [PL 2007, c. 385, §3 (NEW).]

   [PL 2007, c. 385, §3 (NEW).]

PL 2007, c. 385, §3 (NEW). PL 2011, c. 542, Pt. A, §3 (AMD).