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14 - Department of Behavioral and Developmental Services
2001-2002 Regulatory Agenda



UMBRELLA - UNIT NUMBER: 14-118
AGENCY NAME: Office of Substance Abuse

CONTACT PERSON FOR CHAPTER 2: Linwood K. Oakes, Sr., Certification & Policy Specialist, Driver Education and Evaluation Programs (DEEP), AMHI Complex - Marquardt Building, #159 State House Station, Augusta, ME 04333-0159, Telephone: (207) 287-2595

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Emergency rules were adopted through repeal and replacement of Chapter 2 - Driver Education and Evaluation Programs Procedure Manual. The rules became effective on August 14, 2001.

EXPECTED 2001 - 2002 RULE-MAKING ACTIVITY:

Chapter 2: Driver Education and Evaluation Programs Procedure Manual
STATUTORY AUTHORITY: 5 M.R.S.A. Part 25, c. 521 Sub-ch. I, 20005, 5 M.R.S.A. Part 25, c. 521 Sub-ch. II, 20024, 5 M.R.S.A. Part 25, c. 521, sub-ch. V, 20072, 20073-B, 20074, 20075, 20076, 20078-A
PURPOSE: Chapter 2 will be adopted through the repeal and replacement option to replace the rules adopted as emergency, effective August 14, 2001.
SCHEDULE OF ADOPTION: A hearing is scheduled for October 4, 2001 with a written comment deadline of October 15, 2001. Rules will be adopted prior to November 12, 2001, the expiration date of the emergency rules.
AFFECTED PARTIES: Community-based service providers and OUI offenders (In-state - Out-of-state - Military)
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
NOTE: Above rule activity was listed on the 2000 Regulatory Agenda and an amendment that was submitted on August 14, 2001. (Process for adoption comes within the October 1, 2001 - October 1, 2002 timeline.)

Chapter 2: Driver Education and Evaluation Programs Procedure Manual -
RULE REVISION: Section L - DEEP Completion of Treatment Guidelines
STATUTORY AUTHORITY: 5 M.R.S.A. Part 25, c. 521 Sub-ch. I, 20005, 5 M.R.S.A. Part 25, c. 521 Sub-ch. II, 20024, 5 M.R.S.A. Part 25, c. 521, sub-ch. 5, 20072, 20073-B, 20074, 20075, 20076, 20078-A
PURPOSE: Revise language and requirements to comply with program changes effective August 14, 2001.
SCHEDULE OF ADOPTION: January - June 2002
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CONTACT PERSON FOR THE FOLLOWING ASPECTS OF CHAPTERS 4 AND 6: Nancy Christensen, Director, Special Projects, 40 State House Station, Augusta ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 4: Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine
STATUTORY AUTHORITY: 5 MRSA 20005,20024
PURPOSE: These rules protect the health, welfare, and well-being of the clients who enter treatment in substance abuse programs as well as provide for a minimum standard of care.
ANTICIPATED SCHEDULE: Spring 2002
AFFECTED PARTIES: substance abuse treatment providers

CHAPTER 6: Regulations for Employee Assistance Programs for Employers Operating in the State of Maine
STATUTORY AUTHORITY: PL 1989 c.536
PURPOSE: These rules govern the provision of employee assistance programs, required prior to the request or administration of drug tests by Maine employers.
ANTICIPATED SCHEDULE: Winter or spring 2002
AFFECTED PARTIES: Employers with 20 or more full time employees who have or wish to have a substance abuse testing program.

CONTACT PERSON FOR THE FOLLOWING ASPECTS OF CHAPTER 4: Sue Harlor, Director, 11 State House Station, Augusta, ME 04333, Tel (207) 281-5060.

CHAPTER 4: Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine
STATUTORY AUTHORITY: 5 MRSA 20005, 20024, 20075
PURPOSE: These rules establish licensing requirements for alcohol and drug treatment programs. They will be updateD to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No


UMBRELLA-UNIT NUMBER: 14-191
AGENCY NAME: Department of Behavioral and Developmental Services - General

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 State House Station, Augusta ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER XX: Financial Eligibility Requirements for Services
NEW STATUTORY AUTHORITY: 34-B MRSA 1208(4), 5003(2)(C), 6202
PURPOSE: These rules describe the procedures used to maximize the use of available resources to provide services to the greatest number of eligible persons possible
ANTICIPATED SCHEDULE: Spring 2002
AFFECTED PARTIES: all mental health, mental retardation and child serving agencies, and persons utilizing mental health, mental retardation or children's services

Amendment filed March 8, 2002:
CHAPTER XX: Preadmission Screening for Mental Illness and Mental Retardation
STATUTORY AUTHORITY: 34-B MRSA 3603, 5432(3); 42 CFR 483.100 et seq.
PURPOSE: These rules describe the implementation of requirements under 42 CFR 483.11 et seq., to ensure provision of appropriate care in nursing facilities to people with mental illness and mental retardation.


UMBRELLA-UNIT NUMBER: 14-193
AGENCY NAME: Division of Mental Health

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CONTACT PERSON FOR PARTS OF CHAPTER 6: Sue Harlor, Director, 11 State House Station, Augusta, ME 04333, Tel (207) 281-5060.

CHAPTER 6: Mental Health Licensing Standards
STATUTORY AUTHORITY: 34-B MRSA 3603, 3606
PURPOSE: These rules establish licensing requirements for mental health programs. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CONTACT PERSON FOR CHAPTER 18 AND PARTS OF CHAPTER 6: Nancy Christensen, Director, Special Projects, 40 State House Station, Augusta ME 04333

CHAPTER 6: Mental Health Licensing Regulations
STATUTORY AUTHORITY: 34-B MRSA 3603, 3606
PURPOSE: These rules govern the provision of mental health services in the State of Maine.
ANTICIPATED SCHEDULE: 2002
AFFECTED PARTIES: all mental health agencies, facilities or programs as defined by 34-B MRSA 3601 and 3606 or funded by the Department of Behavioral and Developmental Services.

CHAPTER 18: Rules for the Licensure of Residential Child Care facilities
STATUTORY AUTHORITY: 22 MRSA 8 101 et seq.
PURPOSE: These rules govern the provision of residential services to children in the State of Maine.
ANTICIPATED SCHEDULE: 2002
AFFECTED PARTIES: providers of licensed residential child care services.


UMBRELLA-UNIT NUMBER: 14-197
AGENCY NAME: Division of Mental Retardation

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 State House Station, Augusta ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 5: Regulations Governing the Use of Restraints in Community Settings
STATUTORY AUTHORITY: 34 B 5605 et seq., CAB v Duby
PURPOSE: These regulations apply to emergency and behavioral intervention procedures in community settings for persons with mental retardation.
ANTICIPATED SCHEDULE: Spring 2002
AFFECTED PARTIES: providers of services to persons with mental retardation, persons with mental retardation.

CHAPTER 3: Definition of Mental Retardation Appeal Procedure
STATUTORY AUTHORITY: 34-B MRSA 5465
PURPOSE: These regulations are utilized by the Department as part of its process for the provision of services to persons with mental retardation.
ANTICIPATED SCHEDULE: Spring 2002
AFFECTED PARTIES: persons with mental retardation

CHAPTER (New): Rule Describing Grievance and Appeals Procedures for Persons with Mental Retardation
STATUTORY AUTHORITY: 34-B MRSA 1203(4)
PURPOSE: This rule has been developed in partial fulfillment of requests by the Special Master of the Community Consent Decree. Its purpose is to clarify and formalize the process by which persons with mental retardation and autism can seek to enforce their rights.
ANTICIPATED SCHEDULE: Fall 2001
AFFECTED PARTIES: recipients and providers of services

 


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