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Home > Agendas > 2005-2006 > Part of Department of Health and Human Services

2005-2006 Regulatory Agendas

14
Part of Department of Health and Human Services
(see also 10)


118: Office of Substance Abuse
197: Office of Adults with Cognitive and Physical Disability Services


AGENCY UMBRELLA – UNIT NUMBER: 14-118
AGENCY NAME: Office of Substance Abuse: Driver Education and Evaluation Programs

CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
Eastside Campus – Marquardt Building -3rd Floor, #11 State House Station,
Augusta, ME 04333-0011 Telephone: (207) 626-8607 e-mail: linwood.oakes@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2005-2006 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. 5, §20072, 20073-B, 20074, 20075, 20076, §20078-A
Section A – Definitions
Purpose: 1) Delete appropriate rules pertaining to the Moving Ahead Program, which was replaced by the Under 21 Program on July 1, 2005; and 2) Revise/establish definitions to comply with current practices and/or newly enacted legislation.
Section C - Under 21 Program
Purpose: 1) Delete appropriate rules pertaining to the Moving Ahead Program, which was replaced by the Under 21 Program on July 1, 2005; 2) Review and adjust fees, if necessary, to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral; and, 3) Review evaluation waiver process and revise, if necessary, to ensure that clients who waive evaluation are appropriate for treatment.
Section D – Risk Reduction Program
Purpose: 1) Review and adjust fees, if necessary to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral; and, 2) Review evaluation waiver process and revise, if necessary, to ensure that clients who waive evaluation are appropriate for treatment.
Section F – Treatment
Purpose: 1) Revise peer supervision group rules to permit other qualified and licensed addiction professionals as the required group member; 2) Revise clinical supervision rules to clarify the role of the clinical supervisor; and 3) Clarify that a minimum of one (1) contact hour per week over a period of not less than thirty (30) day of aftercare prior to submission of forms for consideration of treatment for those clients who receive treatment within a “halfway house,” or “pre-release center” shall be completed after discharge from the program.
Section G – Completion of Treatment Other Than Driver Education and Evaluation Programs Purpose: Review and adjust fees, if necessary, to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral.
Section J – Out-Of- State
Purpose: Review and adjust fees, if necessary, to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral.
Section K – Military
Purpose: Review and adjust fees, if necessary, to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral.
Section L – Completion of Treatment Guidelines
Purpose: Review to determine if Completion of Treatment Guidelines should be revised and, if so, propose revisions.
SCHEDULE FOR ADOPTION: July 1, 2006 – October 1, 2006
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated



Amendment filed April 17, 2006:
AGENCY UMBRELLA – UNIT NUMBER: 14-197
AGENCY NAME: Office of Adults with Cognitive and Physical Disability Services

CONTACT PERSON: Mary Crichton, 287-4218, Marquardt Building, 2nd Floor, 11 State House Station, Augusta, ME 04333-0011

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

1. Re-write of the Regulations Governing Adult Protective Assessments & Investigations for Persons with Mental Retardation or Autism (14-197 CMR Ch 6) and the Reporting, Investigation, and Review of Reportable Events Policy (14-197 CMR Ch 9). The new regulation combines these two regulations into one (and thus repeals current Chapters 6 and 9). The regulation has also been updated to incorporate an appeals process for those direct support professionals who have been substantiated by the Department for abuse, neglect or exploitation of persons with mental retardation or autism. The new rule will be titled Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Mental Retardation of Autism.

2. Amend the regulation entitled Rule Describing Grievance and Appeals Procedures for Persons with Mental Retardation,
14-197 CMR Chapter 8. Final decisions from appeal hearings are made by the Commissioner. The new language that will be added to this rule creates a standard which guides how the Commissioner will deal factual findings made by the hearing officer that the Commissioner may not agree with.

CHAPTER: 14-197 CMR Chapters 6, 8 and 9.
STATUTORY AUTHORITY: 18-A M.R.S.A. §§ 5-312, 5-601, 5-606, 5-607
22 M.R.S.A. §§ 3470-3492, 7921-24
34-B M.R.S.A. §§ 1205, 3803, 3832, 5003, 5203, 5480, 5601-06
PURPOSE: Described above.
SCHEDULE FOR ADOPTION: Fall, 2006.
AFFECTED PARTIES: Persons with mental retardation or autism served by the Department; providers for persons with mental retardation or autism; employees of such agencies; friends, families, guardians and allies of persons with mental retardation or autism. Advocacy groups/agencies such as the Disability Rights Center, the Consumer Advisory Board, the Maine Committee on Mental Retardation, the Developmental Disabilities Council, and the Office of Advocacy will also be interested.
CONSENSUS-BASED RULE DEVELOPMENT: The re-write of the adult protective rules has been liberally shared with provider agencies, the Office of Advocacy, the Consumer Advisory Board, counsel for class members in the Community Consent Decree, and the Special Master for the Community Consent Decree. The amendment the Grievance and Appeals procedure was the recommendation of counsel for class members in the Community Consent Decree, and was also shared with the Office of Advocacy and the Special Master for the Community Consent Decree.