An Act To Exempt Nationally Accredited Child Welfare and Behavioral Health Care Organizations from State Licensing Requirements March 7, 2007
Maine Legislature, Session 123, LD 1170
Committee: Health and Human Services
Sponsors: NASS, EDMONDS, WESTON, CAMPBELL, CUMMINGS, LEWIN
Amends: 5 MRSA §20024, 22 MRSA §7801, 34-B MRSA §1203-A

Legislative Document 
No. 1170 
S.P.418 
An Act To Exempt Nationally Accredited Child Welfare and 
Behavioral Health Care Organizations from State Licensing 
Requirements 
March 7, 2007 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator NASS of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative V ALENTINO of Saco and Senators: President EDMONDS of 
Cumberland, WESTON of Waldo, Representatives: CAMPBELL of Newfield, Speaker 
CUMMINGS of Portland, LEWIN of Eliot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §20024, first~, as amended by PL 1991, c. 850, §5, is further 
amended to read: 
+fie Except as otherwise provided in this section, the office shall periodically enter, 
inspect and examine a treatment facility or program and examine its books, programs, 
standards, policies and accounts. This examination process must include a review of the 
requirements to be a community-based service provider pursuant to subchapter ¥ 2.. The 
office shall fix and collect the fees for the inspection and certification and shall maintain 
a list of approved public and private treatment facilities. 
Sec. 2. 5 MRSA §20024, as amended by PL 1991, c. 601, § 19 and c. 850, §5, is 
further amended by adding at the end a new paragraph to read: 
Treatment facilities and programs that receive and maintain accreditation from a 
nationally recognized accrediting body may obtain the certificate of approval pursuant to 
section 20005, subsection 6 by submitting documentation of such accreditation to the 
office along with applicable fees. Upon receipt of the documentation of accreditation and 
fees, the office shall issue a certificate of approval and include such accredited facilities 
or programs on any list of approved facilities and programs maintained by the office. The 
office may not inspect or examine the accredited facilities or programs that have received 
a certificate of approval unless there is a critical incident that warrants investigation. 
Notwithstanding a program's or facility's maintenance of accreditation, the office may 
withdraw the certificate of approval and remove a facility or program from the office's 
list of approved facilities and programs for failure to provide data, statistics, schedule or 
other information reasonably required by the office or for findings resulting from the 
investigation of a critical incident. 
Sec. 3. 22 MRSA §7801, sub-§6 is enacted to read: 
6. 
Approved and licensed by accreditation. 
A person, firm, corporation or 
association operating a program or facility that receives and maintains accreditation from 
a nationally recognized accrediting body may obtain a license required pursuant to 
subsection I by submitting documentation of such accreditation to the department along 
with any applicable fees. Upon receipt of the documentation of accreditation and fees, the 
department shall issue a written license and include the accredited program or facility on 
any list of approved and licensed programs and facilities maintained by the department. 
The department may not inspect or examine the accredited programs or facilities unless 
there is a critical incident that warrants investigation. Notwithstanding a program's or 
facility's maintenance of accreditation, the department may withdraw the approved 
license and remove a program or facility from the department's list of approved programs 
and facilities for findings resulting from the investigation of a critical incident. 
Sec. 4. 34-B MRSA §1203-A, sub-§8 is enacted to read: 
8. Approved and licensed by accreditation. An agency or facility required to 
obtain a license under this section that receives and maintains accreditation by a 
nationally recognized accrediting body may obtain a full license by submitting 
documentation of such accreditation to the commissioner along with applicable fees. 
Upon receipt of the documentation of accreditation and fees, the commissioner shall issue 
a full license to the agency or facility and include the accredited agency or facility on any 
list of fully licensed agencies and facilities maintained by the department. The 
commissioner may not inspect or examine the accredited agency or facility unless there is 
a critical incident that warrants investigation. Notwithstanding an agency's or facility's 
maintenance of accreditation, the commissioner may withdraw the full license, change 
the license status to conditional or provisional and remove an agency or facility from the 
commissioner's list of approved agencies or facilities for findings resulting from the 
II 
investigation of a critical incident. 
SUMMARY 
This bill requires the Department of Health and Human Services to approve and 
license substance abuse treatment, child and adult welfare and behavioral health agencies, 
programs and facilities that receive and maintain accreditation by nationally recognized 
accrediting bodies. The department shall include such an agency, program or facility on 
any list of approved and licensed agencies, programs and facilities maintained by the 
department. The agencies, programs and facilities that have been approved and licensed 
are not subject to inspection or examination by the department unless there is a critical 
incident that warrants investigation. Notwithstanding a substance abuse treatment 
program's or facility's maintenance of accreditation, the department may revoke the 
certificate of approval and remove a treatment program or facility from the department's 
list of approved programs and facilities for failure to provide data, statistics, schedules 
and other information reasonably required by the department pursuant to the Maine 
Revised Statutes, Title 5, section 20024. All agencies, programs and facilities may have 
approval and licensing revoked or modified by the department for findings resulting from 
the investigation of a critical incident.