An Act To Improve Substance Abuse Rehabilitation Services
Maine Legislature, Session 122, LD 1875
Committee Amendment CA_B_H819 (House)
Amends: 5 MRSA §20005, 5 MRSA §20054

COMMITTEE AMENDMENT "8,, to H.P. 1315, L.D. 1875, 
Act To Improve Substance Abuse Rehabilitation Services" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5 MRSA §20005, sub-§§19 and 20, as enacted by PL 1993, 
c. 410, Pt. LL, §10, are amended to read: 
19. 
Fiscal and program accountability. 
Enhance its current 
efforts to ensure fiscal 
and 
program accountability for 
the 
services it purchases and provides: aRe 
20. 
Review policies. 
Review the full 
range 
of 
public 
policies and strategies existing in State Government to identify 
changes that would strengthen its response, 
identify policies 
that might discourage excessive consumption of alcohol and other 
drugs 
and generate 
new 
funding 
for 
alcohol 
and 
other 
drug 
servicesT~ 
Sec. 2. 5 MRSA §20005, sub-§21 is enacted to read: 
21. 
License 
procedure. 
Beginning October 
1, 
2006, 
in 
accordance with section 20054, establish a licensing procedure 
for an opioid treatment program that requires approval of the 
municipality in which the program will be 
located 
priQ~ 
consideration of the license application by the office. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1315, L.D. 1875 
Sec. 3. 5 MRSA §20054 is enacted to read: 
§20054. 
Municipal approval of opioid treatment program 
Beginning October 1, 2006, the licensing procedure for an 
opioid treatment program must consist of 2 steps: approval of the 
municipality in which 
the opioid 
treatment 
program 
will 
be 
located in accordance with this section and consideration of the 
license application by the office. 
1. 
File application with office. 
An applicant for approval 
of the opioid treatment program shall file an application in the 
form required by the office. 
2. 
Contents of application. 
The application must contain 
the following. 
A. 
The applicant shall disclose the entire ownership or any 
interest in the opioid treatment program for which approval 
is sought. 
B. 
The 
applicant 
shall 
include 
in 
the 
application 
a 
description of the premises of the opioid treatment program 
to be approved and provide any other material information, 
description or plan of that part of the premises where the 
applicant proposes to provide treatment or administrative 
services for the opioid treatment program as the office 
requires. 
C. 
The applicant shall sign the application. 
3. 
False 
answer 
given 
intentionally. 
Any 
person 
who 
intentionally gives an untruthful answer in an application for 
approval of an opioid treatment program violates Title l7-A, 
section 453. 
4. 
Application procedure. 
The applicant shall enclose the 
fee 
established 
by 
rule 
adopted 
by 
the 
office 
with 
the 
application for approval. 
The office shall forward a copy of the 
application to the municipality in which the opioid treatment 
program proposes to locate. 
5. 
Hearings. 
The 
municipal officers may hold 
a 
public 
hearing on the application. 
A. 
The municipal officers shall provide public notice of 
any hearing held under this section by causing a notice, at 
the applicant's prepaid expense, stating the name and place 
of hearing, to appear at least 3 consecutive days before the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,B, to H.P. 1315, L.D. 1875 
date 
of 
hearing 
in 
a 
daily 
newspaper 
having 
general 
circulation in the municipality where the premises of the 
opioid treatment program are located or one week before the 
date of the hearing in a weekly newspaper having general 
circulation in the municipality where the premises of the 
opioid treatment program are located. 
B. 
If the municipal officers fail to take final action on 
an 
application 
within 
days 
of 
the 
filing 
of 
an 
application, the application is deemed approved and ready 
for action by the office. 
For purposes of this paragraph, 
the date of filing of the application is the date the 
application is received by the municipal officers. 
This 
paragraph 
applies 
to 
all 
applications 
pending 
before 
municipal 
officers 
as 
of 
the 
effective 
date 
of 
this 
paragraph as well as all applications filed on or after the 
effective date of this paragraph. 
6. 
Findings. 
In granting or denying an application, the 
municipal officers shall indicate the reasons for their decision 
and provide a copy to the applicant. 
An application for approval 
may be denied on one or more of the following grounds: 
A. 
Conviction of the applicant of any Class A, Class _B or 
Class C crime; 
B. 
Noncompliance of the opioid treatment program premises 
or its use with any local zoning; 
C. 
With 
regard to 
an application to 
renew 
a 
license, 
conditions of record such 
as waste disposal violations, 
health or safety violations or repeated parking or traffic 
violations on or in the vicinity of the opioid treatment 
program premises and caused by persons receiving treatment 
on the premises or other such conditions caused by persons 
rece~v~ng 
treatment 
on 
the 
premises 
that 
unreasonably 
disturb, interfere with or affect the ability of persons or 
businesses 
residing or 
located in 
the vicinity of 
the 
premises to use their property in a reasonable manner; 
D. 
With 
regard to 
an 
application to 
renew 
a 
license, 
repeated incidents of record of breaches of 
the peace, 
disorderly conduct, vandalism or other violations of law on 
or in the vicinity of the opioid treatment program premises 
and caused by persons receiving treatment on the premises; 
and 
E. 
A violation of any provision of this chapter. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT liE. to H.P. 1315, L.D. 1875 
1. 
Appeal 
to office. 
Any 
applicant 
aggrieved 
by 
the 
decision of the municipal officers under this section may appeal 
to the office within 15 days of the receipt of the written 
decision of the municipal officers. 
The office shall hold a 
public hearing in the city or town where the opioid treatment 
program is or is to be situated. 
In acting on such an appeal, 
the office may consider all findings referred to in subsection 
6. 
If the decision appealed from is an application denial, the 
office may issue its approval and a license only if it finds that 
the opioid treatment 
program meets 
the 
reguirements of this 
chapter 
and finds by clear and convincing evidence that the 
decision of the municipal officers was without justifiable cause. 
8. 
Appeal to Superior Court. 
Any person or governmental 
enti ty aggrieved by a decision of the office under subsection 7 
may appeal the decision to the Superior Court within 30 days of 
receipt of the written decision of the office.' 
SUMMARY 
This 
is the minority 
amendment of 
the 
committee. 
This 
amendment replaces the bill. 
It provides for opioid treatment 
programs 
a municipal approval process substantially similar to 
the 
municipal 
licensure 
process 
for 
liquor 
licenses. 
This 
municipal 
process 
would 
apply 
prior 
to 
licensure 
by 
the 
Department of Health and Human Services, Office of Substance 
Abuse. 
The amendment includes an appeal process to the Office of 
Substance Abuse and then an appeal to the Superior Court. 
FISCAL .\OTE RE(JLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/01106 frac 
LD 1875 
LR 2742(03) 
An Act To Improve Substance Abuse Rehabilitation Services 
Fiscal Note for Bill as Amended by Committee Amendment ,Ij, 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing budgetary resources. Any additional revenue resulting form the fee imposed is 
assumed to be minor. 
LR2742(3) - Fiscal Note - Page 1 of 1