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14
Department of Behavioral and Developmental Services
2003-2004 Regulatory Agenda


14-118 - Office of Substance Abuse
The Department - General
14-191
14-193
14-197 - Mental Retardation Services
14-472 - Children's Services


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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

Driver Education and Evaluation Programs

CONTACT PERSON FOR CHAPTER 2: Linwood K. Oakes, Sr., Certification & Policy Specialist, AMHI Complex - Marquardt Building, #159 State House Station, Augusta, ME 04333-0159. Telephone: (207) 287-2595 e-mail: linwood.oakes@maine.gov

CHAPTER 2: Driver Education and Evaluation Programs Procedure Manual
5 MRSA Part 25, c. 521 Sub-ch. I, §20005
5 MRSA Part 25, c. 521, sub-ch. 5, §20072, 20073-B, 20074, 20075, 20076, §20078-A
RULE REVISION:
Section A - Definitions
PURPOSE: Revise/establish definitions to comply with current practices, programming, organizational changes, and/or current legislation.
Section B - Procedures for Approval of a Driver Education and Evaluation Programs Community-Based Service Provider
PURPOSE: 1) Revise alcohol and drug counselor terms/definitions to comply with current legislation; and 2) establish consequences for non-compliance with DEEP specific training requirements for certification renewal.
Section C - The Driver Education and Evaluation Program for Clients Under 21 Years of Age at the Time of the Offense (The Moving Ahead Program)
PURPOSE: Clarify that non-refundable registration fee includes non-transference of registration fee.
Section D - The Driver Education and Evaluation Program for First Offender Adults, First Offenders Over 21 Years of Age and Multiple Offenders (The Risk Reduction Program)
PURPOSE: Clarify that non-refundable registration fee includes non-transference of registration fee.
Section E - The Clinical Substance Abuse Evaluation, Second Opinion, and Status Update Evaluation
PURPOSE: 1) Revise evaluation and second opinion procedure to comply with terms/definitions alcohol and drug counselor legislation; 2) prohibit hand-delivery of registration forms or other client-oriented paper work by anyone except the client's service provider/agency representative; and 3) revise timeline for submission of evaluation results to address non-payment of fees.
Section F - Treatment
PURPOSE: Prohibit hand-delivery of registration forms or other client-oriented paper work by anyone except the client's service provider/agency representative.
Section G - Completion of Treatment Other Than Driver Education and Evaluation Programs
PURPOSE: 1) Clarify that non-refundable registration fee includes non-transference of registration fee; and 2) clarify that client does not document treatment completion.
Section J - Out-of-State
PURPOSE: 1) Establish rules for DEEP education program attendance by individuals from states under agreement with Maine who do not reside in Maine or have a Maine offense/conviction; and 2) clarify that non-refundable registration fee rule includes non-transference of registration fee.
Section K - Military
PURPOSE: Clarify that non-refundable registration fee rule includes non-transference of registration fee.
SCHEDULE OF ADOPTION: January - June 2004
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

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CONTACT PERSON FOR CHAPTER 4: Nancy Christensen, Director, Special Projects, 40 SHS, Augusta ME 04333-0040. 207-287-7368. nancy.christensen@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 4: Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
Authority: 5 MRSA §20005 and 20024, 42 CFR Part 8
RULE REVISION:
Section 4.01 Definitions
Section 4.04.L Opioid Supervised Withdrawal and Maintenance Treatment Module
PURPOSE: To amend state rule to comply with Federal rule
SCHEDULE OF ADOPTION: January 2004
AFFECTED PARTIES: Service providers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
Amended agenda filed November 6, 2003:
CHAPTER 4:
Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
AUTHORITY: 5 MRSA §§ 20005 and 20024, 42 CFR Part 8
RULE REVISIONS:
Section 4.01, Definitions Section
Section 4.16, Opioid Supervised Withdrawal and Maintenance Treatment Module, repeal and replace
Section 4.17, repealed without replacement
PURPOSE: To amend state rule to comply with Federal rule
SCHEDULE OF ADOPTION: January 2004
AFFECTED PARTIES: Service providers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated


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

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 SHS, Augusta ME 04333-0040 207-287-7368 nancy.christensen@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 60 (NEW): Administration of Wrap-Around or Flex Funds
STATUTORY AUTHORITY: 34-B MRSA §1204 (9)(E)
PURPOSE: To establish uniform standards for the administration of wrap-around and flexible funds.
SCHEDULE OF ADOPTION: Spring 2004
AFFECTED PARTIES: Service providers, recipients of services
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14 -193 AGENCY NAME: Department of Behavioral and Developmental Services, General

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 SHS, Augusta ME 04333-0040 207-287-7368 nancy.christensen@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 50 (NEW): Eligibility Requirements for Bridging Rental Assistance Program
STATUTORY AUTHORITY: 34-B MRSA §1221
PURPOSE: To establish uniform standards for eligibility for housing assistance under this program.
SCHEDULE OF ADOPTION: spring 2004
AFFECTED PARTIES: Service providers, recipients of services
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14 -197
AGENCY NAME: Department of Behavioral and Developmental Services, Mental Retardation Services

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 SHS, Augusta ME 04333-0040 207-287-7368 nancy.christensen@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: CHAPTER 10: Certification Requirements for Agencies Seeking to Provide MaineCare Services Under Section 13.05, MaineCare Benefits Manual

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 10: Certification Requirements for Agencies Seeking to Provide Community Based Targeted Case Management for Adults with Mental Retardation
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: fall, 2003
AFFECTED PARTIES: Service providers, recipients of services
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER (NEW): Rate Setting Standards for Programs Providing Services To Adults with Mental Retardation
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: Summer, 2004
AFFECTED PARTIES: Service providers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14-472
AGENCY NAME: Department of Behavioral and Developmental Services, Children's Services

CONTACT PERSON: Nancy Christensen, Director, Special Projects, 40 SHS, Augusta ME 04333-0040 207-287-7368 nancy.christensen@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 4 (NEW): Rules Governing the Provision of Case Management and In-Home Support Services to Children with Mental Retardation
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: fall, 2003
AFFECTED PARTIES: Service providers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 5 (NEW): Rights of Recipients of Mental Retardation Services Who Are Children in Need of Treatment
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: fall, 2003
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 6 (NEW): Eligibility Standards for Children with Pervasive Developmental Disorders
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: Summer, 2004
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 7 (NEW): Utilization Review and Eligibility Requirements for Children Seeking Treatment at Private Non Medical Institutions
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: Summer, 2004
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8 (NEW): Rate Setting Procedures for Room and Board at Private Non-Medical Institutions Serving Children
STATUTORY AUTHORITY: 34-B MRSA §1203
SCHEDULE OF ADOPTION: Summer, 2004
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


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