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14
Department of Health and Human Services
(formerly Department of Behavioral and Developmental Services)

2004-2005 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


EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:


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

CHAPTER 2: Driver Education and Evaluation Program Procedure Manual
CONTACT PERSON FOR CHAPTER 2: Linwood K. Oakes, Sr., Certification & Policy Specialist, Eastside Complex - Marquardt Building, #11 State House Station, Augusta, ME 04333-0159. Telephone: (207) 287-2595. E-mail: linwood.oakes@maine.gov
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. 5, §20072, 20073-B, 20074, 20075, 20076, §20078-A
CHAPTER 2 REVISION: 2003-2004 Information
Note: The 2004-2005 Regulatory Agenda includes rule-making activity as submitted on Regulatory Agenda for 2003 - 2004. Sections A-K as follows:
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 of 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 includes non-transference of registration fee.
Section K - Military
Purpose: Clarify that non-refundable registration fee includes non-transference of registration fee.
2004-2005 Regulatory Agenda
Section B
Purpose: 1) Clarify rule requiring mandatory introductory training; and 2) Clarify requirement for mandatory Regional Provider Meetings for peer supervision group members.
Section C
Purpose: 1) Revise rules to implement new curriculum and programming for under age offenders; and 2) Review and adjust, if necessary, current referral criteria.
Section D
Purpose: Review and adjust, if necessary, current referral criteria.
Section E
Increase deadline for submitting forms after client evaluation completion from five (5) to ten (10) working days.
Section F
Purpose: Establish a fifteen (15) working days deadline for submitting forms after client treatment completion.
Section C-D-G-J-K
Purpose: 1) Establish rule for closing case records after two years of no contact and require client to re-register for appropriate program; and 2) Review fees and adjust, if necessary, to assure that DEEP remains revenue neutral.
Section L
Purpose: Clarify recommend modality and length of treatment for clients diagnosed as late phase four.
Revise format of document to provide clarification and consistency in text numbering.
SCHEDULE FOR ADOPTION: June - December 2004
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

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ADDITIONAL RULE REVISION (amendment filed April 11, 2005):
Section A - Definitions
Purpose: 1) Revise the qualifications of the Program Administrator and Program Instructor;
2) define the Under 21 Program; 3) define peer supervision group; and 4) revise definitions to support implementation of Under 21 Program.

Section B - Procedures for Approval of a Driver Education and Evaluation Programs Community-Based Service Provider
Purpose: 1) Clarify that as of July 1, 2005 the waiver to provide both evaluation and treatment for a client by the same individual is also for the Under 21 Program. 2) Clarify that community based service providers - private providers are certified following determination that they are in compliance with regulations and not as a result of an examination; 3) discontinue the requirement that clinical supervisors attend DEEP specific training.

Section C - The Driver Education and Evaluation Program for Clients Under 21 Years of Age at the Time of the Offense
Purpose: 1) Establish program components; and 2) adjust fee for the Under 21 Program that will replace the Moving Ahead Program to assure the DEEP program remains revenue neutral.

Section F - Treatment
Purpose: 1) Revise regulations regarding treatment to comply with terms/definitions of alcohol and drug counselor legislation; and 2) clarify requirements for completion of treatment and "aftercare" for client participating in residential treatment and receiving treatment while in a "halfway house," "pre-release center," or protective environment;
Section G - - Completion of Treatment Other Than Driver Education and Evaluation Programs
Purpose: Establish requirements for completion of treatment for those clients participating in "Drug Court" and/or the Differential Substance Abuse Treatment (DSAT) program.

Section L - Completion of Treatment Guidelines
Purpose: Clarify recommend modality and length of treatment and aftercare for clients diagnosed as early and late phase four substance .

SCHEDULE FOR ADOPTION: March-June
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

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CHAPTER 11: Regulations for the Collection and Dissemination of Prescription Data Relating to Schedule II, III and IV Drugs
CONTACT PERSON FOR CHAPTER 11: Jamie Clough , Data & Research Team Leader, 159 State House Station, Augusta, ME 04330-0159.
STATUTORY AUTHORITY: 5 M.R.S.A. § 8001
PURPOSE: These rules relate to establishing an electronic prescription monitoring program that will reduce the quantity of controlled substances.
ANTICIPATED SCHEDULE: Summer 2004
AFFECTED PARTIES: Prescribers and dispensers.
CONSENSUS-BASED RULE DEVELOPMENT: No

CONTACT PERSON FOR OTHER OFFICE OF SUBSTANCE ABUSE CHAPTERS: Larry Tyler, Substance Abuse Program Specialist, 159 SHS, Augusta ME 04333-0159. 207-287-2595. E-mail: Larry.Tyler@maine.gov

CHAPTER 4: Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine
STATUTORY AUTHORITY: 5 M.R.S.A. §§20005, 20024, 20075
PURPOSE: These rules change credential and training requirements for providers to impose more stringent standards for the protection of clients who enter treatment in substance abuse programs, as well as to provide a minimum standard of care.
ANTICIPATED SCHEDULE: Spring 2005
AFFECTED PARTIES: Substance abuse treatment provider
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 7 (New): Regulations to Establish Clients' Rights in Substance Abuse Treatment Programs
STATUTORY AUTHORITY: 5 M.R.S.A. §§20005, 20024, 20075
PURPOSE: These rules establish the nature, scope and duration of clients' rights in their relationship with their providers as well as with the Department. They define a grievance process by which clients can obtain enforcement of their rights.
ANTICIPATED SCHEDULE: Fall 2005
AFFECTED PARTIES: Clients and providers of substance abuse treatment services.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 8 (New): Regulations to establish an Integrated Services module addressing co-occurring disorders in persons receiving substance abuse treatment services.
STATUTORY AUTHORITY: 5 M.R.S.A. §§20005, 20024, 20075
PURPOSE: To better serve clients who have both mental health and substance abuse treatment needs, this program licenses some agencies to provide both types of treatment by dully licensed clinicians to maximize recovery from both disorders simultaneously.
ANTICIPATED SCHEDULE: Summer 2005
AFFECTED PARTIES: Consumers of mental health and substance abuse treatment services; providers of both.
CONSENSUS-BASED RULE DEVELOPMENT: No


AGENCY UMBRELLA - UNIT NUMBER: 14 -191
AGENCY NAME: The Department, General

CONTACT PERSON: Marya Faust, Special Initiatives, 40 SHS, Augusta ME 04333-0040 207-287-4271 marya.faust@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 11 (New): Disclosure of names of persons who died while inpatients at the Augusta Mental Health Institute, Riverview Psychiatric Center or Bangor Mental Health Institute
STATUTORY AUTHORITY: 34-B M.R.S.A. §1207
PURPOSE: To acknowledge the people who died while in the Department's care while at the same time being respectful of the wishes of the surviving relatives of those people.
SCHEDULE OF ADOPTION: January 2005
AFFECTED PARTIES: Mental health consumers, surviving relatives of deceased inpatients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14 -193
AGENCY NAME: The Department, General

CONTACT PERSON: Linda Jariz, Adult Mental Health Services, 40 SHS, Augusta ME 04333-0040, 207-287-2991, Linda.jariz@maine.gov.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 4: Rules for board representation at community mental health programs
STATUTORY AUTHORITY: PL 1986, ch. 761
PURPOSE: To revise the list of community mental health agencies affected by the legislative directive to assure representation of consumers or a consumer voice on their boards of directors.
SCHEDULE OF ADOPTION: Summer 2005
AFFECTED PARTIES: Consumers, community mental health agencies
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 6: Revision of licensing rules for mental health facilities
STATUTORY AUTHORITY: 34-B M.R.S.A. §1203-A
PURPOSE: To revise rules to reflect changes related in MaineCare standards, the AMHI settlement agreement and other requirements.
SCHEDULE OF ADOPTION: Spring 2005
AFFECTED PARTIES: Licensed mental health facilities
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8 (New): Regulations for enrollment and utilization review processes for adult mental health services, specifically community support and residential services.
STATUTORY AUTHORITY: 34-B M.R.S.A. §3603
PURPOSE: To better manage the resources available for community support and residential services and to ensure that consumer needs are appropriately met.
SCHEDULE OF ADOPTION: Summer 2005
AFFECTED PARTIES: Consumers, agencies providing community support and residential services to adult mental health consumers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 9 (New): Regulations to establish a consumer room and board contribution for Private Non-Medical Institution Services.
STATUTORY AUTHORITY: 34-B M.R.S.A. §3603
PURPOSE: To offset program costs with consumer contributions to the state-funded room and board portion of residential care in accordance with the consumer's ability to pay.
SCHEDULE OF ADOPTION: Summer 2005
AFFECTED PARTIES: Adult mental health consumers residing in PNMIs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 50 (New): Eligibility Requirements for Bridging Rental Assistance Program
STATUTORY AUTHORITY: 34-B M.R.S.A. §1221
PURPOSE: To establish uniform standards for eligibility for housing assistance under this program.
SCHEDULE OF ADOPTION: spring 2005
AFFECTED PARTIES: Service providers, recipients of services
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14-197
AGENCY NAME: Mental Retardation Services

CONTACT PERSON: Jane Gallivan, Director, Adult Mental Retardation Services, 40 SHS, Augusta ME 04333-0040, 207-287-4212, jane.gallivan@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 5: Rules to clarify the membership, tenure, and scope of responsibilities of the behavioral treatment review team.
STATUTORY AUTHORITY: 34-B M.R.S.A. §§5203, 5432
SCHEDULE OF ADOPTION: Summer 2005
AFFECTED PARTIES: Consumers, providers of mental retardation services
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 20 (New): Processes for Rate Setting for Programs Providing Services To Adults with Mental Retardation and Autism
STATUTORY AUTHORITY: 34-B M.R.S.A. §5432
SCHEDULE OF ADOPTION: Summer 2005
AFFECTED PARTIES: Service providers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA - UNIT NUMBER: 14-472
AGENCY NAME: Children's Services

CONTACT PERSON: Joan Smyrski, Director, Children's Services, 40 SHS, Augusta ME 04333-0040, 207-287-8769, joan.smyrski@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 5 (New): Rights of Recipients of Mental Retardation Services Who Are Children in Need of Treatment
STATUTORY AUTHORITY: 34-B M.R.S.A. §5432
SCHEDULE OF ADOPTION: Summer 2005
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 M.R.S.A. §§6003, 15002
SCHEDULE OF ADOPTION: Summer, 2005
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 M.R.S.A. §15002
SCHEDULE OF ADOPTION: Summer, 2005
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8 (New): Rules to establish a sliding fee scale applicable to families receiving services funded with state grant dollars
STATUTORY AUTHORITY: PL 2004, ch. 673, §SSS-2
SCHEDULE OF ADOPTION: Summer, 2004
AFFECTED PARTIES: Service providers, service recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


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