Maine Legislature, Session 123, LD 2004
Committee: Health and Human Services
Sponsors: MARTIN
Amends: 5 MRSA §12004-G, 5 MRSA §12004-I, 5 MRSA §20078, 22-B MRSA §408, 22-A MRSA §201, 22-A MRSA §203, 2 MRSA §6, 5 MRSA §946-B, 32 MRSA §6201, 32 MRSA §6208-A, 32 MRSA §6212, 32 MRSA §6215, 32 MRSA §6219

Legislative Document 
No. 2004 
S.P.798 
December 18, 2007 
All Act To Establisb the Department of S.1iataaee Abuse Senins 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §12004-G, sub-§15-A, as reenacted by PL 1993, c. 631, §I, 
is amended to read: 
IS-A. 
Substance 
Abuse 
Driver Education 
and Evaluation 
Programs Appeals 
Board 
$75/Day 
Sec. A-2. 5 MRSA §12004-I, sub-§78-B is enacted to read: 
II 
78-B. 
Substance 
Abuse Services 
Provider 
Partnership 
Advisory Council 
Expenses On Iy 
Sec. A-3. 5 MRSA c. 521, as amended, is repealed. 
MRSA 
§20078 A 
22-B MRSA 
§408 
22-B MRSA 
§ill 
Sec. A-4. 22-A MRSA §201, sub-§2,~, as enacted by PL 2005, c. 412, §5, is 
amended to read: 
D. 
The Integrated Services Unit, which includes: 
(1) The Office of Adult Mental Health Services; 
(2) The Office of Adults with Cognitive and Physical Disability Services; 
J 
(3) The Office of Advocacy Services; 
(4) The Office of Child and Family Services; 
(5) The Office of Elder Services; 
(6) The State Forensic Service; and-
(7) The Offiee ef S~bstatlee Ab~se Serviees; SAd 
(8) The Office of Integrated Services Quality Improvement. 
Sec. A-5. 22-A MRSA §203, sub-§l, as enacted by PL2003, c. 689, Pt. A, §l, is 
amended to read: 
1. Programs aRd services fer adults, children and families. The department shall 
provide adults, children and families with the following programs and services: 
J 
A. 
Economic assistance and employment support services; 
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II 
IS 
B .. Mental health and behavioral health services; 
C. 
Mental retardation and developmental disability services; 
D. 
Physical health services: and 
E. 
Public health services~~ 
F. 
SUBstaAee aBuse J3reveAtioA aRa treMmel'lt ser ... iees. 
Sec. A-6. 22-B MRSA is enacted to read: 
TITLE 22-8 
SUBSTANCE ABUSE SERVICES 
SUBTITLE I 
DEPARTMENT OF SUBSTANCE ABUSE SERVICES 
CHAPTER 1 
DEPARTMENTAL ORGANIZATION AND OPERATION 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§lOl. Definitiorut 
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. Commissioner. "Commissioner" means the Commissioner of Substance Abuse 
Services. 
2. Department. "Department" means the Department of Substance Abuse Services. 
SUBCHAPTER 2 
ORGANIZATION 
§20 1. Department established 
1. Establishmenk The Department of Substance Abuse Services is established Ii- a 
cabinet-level department. 
2. Bureaus and divisions. The department consists of the bureaus and divisions 
necessary to carry out the work of the department. 
3. Seal. The department has an official seal, which must be judicially noticed. 
§202. Mission; guiding principles 
1. Mission. The mission of the department is to promote, assist in developing and 
coordinate or conduct programs of: 
A. Education and research for the prevention of alcohol and drug addiction and for 
the treatment, including intervention, of alcoholics and persons who abuse drugs; and 
B. 
Education, enforcement and research for the prevention of tobacco use by 
juveniles and smoking cessation programs for juveniles who already use tobacco 
II 
products. 
2. 
Guiding principles. The following principles are adopted to guide the 
department. In the performance of its duties, the department shall strive to: 
A. Improve the health and well-being of residents of the State, with this goal guiding 
all decisions, programs and services of the department; 
B. Treat consumers with respect and dignity; 
C. Treat providers with professionalism and collegiality; 
D. Value and support department staff as the critical connection to the consumer; 
E. Involve consumers, providers, advocates and staff in long-term planning; 
F. Use relevant, meaningful data and objective analyses of population-based needs in 
program planning, decision making and quality assurance; and 
G. 
Deliver services that Me individualized, family-centered, easily accessible, 
preventive, independence-oriented, interdisciplinary, collaborative, evidence-based 
and consistent with best practices. 
§203. Duties 
The department shall: 
1. Abstinence-based. Ensure that programs within the mission of the department 
include abstinence-based prevention and treatment programs; 
2. Efficient delivery among agencies. Promote, coordinate and ensure efficient 
delivery efforts in the provision of alcohol and drug abuse or addiction services by other 
state agencies, including courts; . hospitals; clinics; physicians in private practice; public 
health authorities; licensing boards involved with alcohol abuse, drug addiction and 
mental health services; alcohol and drug addiction programs; law enforcement agencies; 
and related groups; 
3. Coordination of programs. Coordinate all programs and activities authorized by 
the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 
.. 
Rehabilitation Act of 1970, Public Law 91-616 (1982), as amended, and by the Drug 
Abuse Office and TreatmentAct of 1972, 21 United States Code, section 1101, et seq., as 
amended, and all other state and federal programs or laws related to drug abuse 
prevention that are not the specific responsibility of another state agency under state or 
federal law; 
4. Motor vehicle operator programs. Administer and oversee the operation of the 
State's programs related to the abuse of alcohol by motor vehicle operators; 
5. 
Planning aDd evaluation of services. 
Ensure the collection, analy§is and 
dissemination of information for planning and evaluation of alcohol and drug abuse or 
addiction services and develop measures for evaluating the effectiveness of alcohol and 
drug addiction services and for increasing the accountability of alcohol and drug 
addiction programs; 
6. 
Traininc for individual providers. Provide for education, certification and 
training for physicians, nurses, social workers, professional counselors, psychologists and 
other persons who provide alcohol and drug addiction services in prevention, diagnosis, 
treatment and control of alcohol and drug abuse and addiction; 
7. StaBdards for facilities and programs. Provide training, certification, operating 
and treatment standards and consultation for treatment facilities and programs; 
8. 
Tr-aiuing for front-line staff. 
Establish a comprehensive training strategy 
designed to develop the capacity of front-line staff in direct human services positions, 
health care workers, law enforcement officers, judicial employees, correctional officers 
and educators to recognize, assess and refer chemically dependent clients for appropriate 
treatment; 
9. Obtain input. Develop and document an active, aggressive effort to obtain client 
and public input; 
10. Analvze other services. Analyze the existing services system, including the 
prevention services offered within the State's school systems, identify priorities for 
expanding or revising existing services and develop a specific plan to accomplish any 
critical changes or goals as needed; 
11. 
Correctional facilities. 
Cooperate and coordinate with the Department of 
Corrections for the provision of alcohol and substance abuse services within correctional 
faci lities; 
12. Liaison with Judicial Department. Provide to the Judicial Department, and 
annually update, a list of the treatment and education programs within that court's 
jurisdiction that the court may require an offender, sentenced pursuant to Title 15, chapter 
or Title 17-A, chapter 49, 54-F or 54-G, to attend; and 
13. Annual report. By January 15th of each year, report to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
concerning the accomplishments of the past year's programs, the progress toward 
obtaining goals and objectives and other necessary or desirable information. 
Pl«e 4 - 12JLR3215(Ol)-1 
§204. Cooperation of outside agencies 
All law enforcement agencies, all state departments, including the Department of 
Health and Human Services and the Department of Public Safety, and municipalities shall 
cooperate with the department in fulfillment of the purposes of this Title. 
§205. Programs and services of department; administration 
The department shall, as appropriate to individuals and families and as permitted by 
the availability of funds, provide programs and services as specified in this Title and 
otherwise by law. The department shall deliver programs and services through a 
coordinated and efficient administrative structure and an integrated delivery system that 
focuses on meeting the needs of individuals and families. The department shall use a 
combination of public personnel and contracts with private agencies to deliver programs 
and services. 
In addition to other applicable requirements and unless precluded by other restrictions 
on the use of funds, the commissioner shall manage all funds available for the provision 
of alcohol or other drug abuse services in accordance with the provisions ofthis section. 
1. Definitions. As used in this section, unless the context otherwIse indicates, the 
following terms have the following meanings. 
A." Agreement" means a legally binding written document between 2 or more 
parties, including those documents that are commonly referred to as accepted 
application, proposal, prospectus, contract, grant, joint or cooperative agreement, 
purchase of service or state aid. 
B. "Performance-based contract" means an agreement for the purchase of direct 
client services employing a client-centered, outcome-oriented process that is based on 
measurable performance indicators and desired outcomes and includes the regular 
assessment ofthe quality of services provided. 
2. Performance-based eoutne •. The commissioner shall ensure that all agreements 
to purchase alcohol or other drug abuse services are performance-based contracts. 
3. Grants. The department may accept and administer grants from public or private 
sources for carrying out any of the duties enumerated in this section and section 203. The 
department is authorized to make grants to municipalities within the State or to nonprofit 
corporations organized for purposes related to substance abuse and treatment, including 
tobacco prevention, education and enforcement for juveniles, out of federal funds when 
such grants are permitted by the terms under which federal funds are available. Grants 
must be made in conformity with applicable federal requirements and standards and with 
appropriate state accounting requirements and in accordance with rules ofthe department. 
4. 
Procedures. The following procedures apply whenever the commissioner 
commences a request-for-proposal procedure. 
A. The commissioner shall hold at least one informational meeting at least 30 days 
before the due date for submission of the notice of intent to bid. Any informational 
meeting must be advertised in newspapers of general circulation stating the location, 
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, 
,.,,, 
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date, time and purpose of the meeting. At the meeting the commissioner shall provide 
detailed information to any interested party about the contract to be bid or rebid, 
provide notice of anticipated major changes from any previous contract and respond 
to questions. 
B. The commissioner shall require any interested party to submit a notice of intent to 
bid at least 30 days before the date bids will be accepted as a precondition to 
submitting a formal bid. The notice of intent must contain minimal requirements that 
demonstrate a prospective bidder's competence and ability to comply with the 
requirements of the contract. 
C. If only one community-based service provider submits a notice of intent to bid:. 
the commissioner may enter into negotiations concerning a contract with that 
provider in accordance with the procedures established for performance-based 
contracts. 
D. For purposes of this section. the commissioner retains the right to reject any bids 
submitted and any proposals made during negotiations pursuant to paragraph C. 
5. 
Rules. The commissioner shall adopt rules under the general rule-making 
authority granted under section 207, subsection 2 to implement this section, including. 
but not limited to, the establishment of program goals. outcome measures, an information 
management system to collect and manage contract data. a system of ongoing assessment 
of program effectiveness and hold-harmless guidelines for provider agencies during the 
first contract period or 12 mon~ whichever is greater. 
§206. Commissioner 
The department is under the control and supervIsIon of the Commissioner of 
Substance Abuse Services, who reports directly to the Governor. 
1. Appointment. The Governor shall appoint the commissioner, subject to review by 
the joint standing committee of the Legislature having jurisdiction over health and human 
services matters and confirmation by the Senate. The commissioner serves at the pleasure 
of the Governor. 
2. Vacancy; deputy commissioner. A vacancy in the office of the commissioner 
must be tilled as follows. 
A. Any vacancy of the commissioner's position must be filled in accordance with 
Title 5, section I. 
B. The commissioner shaH appoint one of the department's deputy commissioners to 
perform the duties of the commissioner, in addition to the duties of that deputy 
commissioner, during the commissioner's temporary absence or disability. 
§207. Powers and duties of commissioner 
Thf commissioner has all of the powers and duties necessary to carry out the mission 
and responsibilities of the department. 
1. Administration. The commissioner shall administer the department in accordance 
with the requirements of this Title and shall fulfill the duties prescribed to the 
commissioner by state and federal law. 
2. Rulemakine. The commissioner shall adopt rules to implement this Title. Rules 
adopted pursuant to this subsection are routine technical rules, as defined in Title 5, 
chapter 375, subchapter 2-A, unless otherwise specified. The commissioner shall provide 
the joint standing-committee of the Legislature having jurisdiction over health and human 
services matters with a quarterly report that summarizes rule-making activity of the 
department. 
3. Employees. The commissioner may employ personnel as necessary to carry out 
II 
the work of the department. All personnel of the department are under the immediate 
supervision, direction and control of the commissioner. Department personnel must be 
employed subject to the Civil Service Law, except for deputy commissioners, associate 
commissioners, assistant deputy commissioners, bureau directors, the director of legal 
affairs and regional directors. 
4. Appointments. The commissioner may appoint deputy commissioners, associate 
commissioners, assistant deputy commissioners, bureau directors, the dirc'ctor of legal 
affairs and regional directors who serve at the pleasure of the commissioner. These 
positions are unclassified, major policy-influencing positions as specified in Title 5, 
sections 931 and 946-A. A bureau director appointed pursuant to this subsection must 
have educational qualifications and professional experience directly related to the 
functions of and services provided by the relevant unit or office. 
§208. Compreheosive program .11 alcoholism and drue abuse 
The department shall establish and provide for the implementation of a 
comprehensive and coordinated program of .alcohol and drug abuse prevention and 
treatment. 
1. Public and private resources. All appropriate public and private resources must 
be coordinated with and used in the program. 
2. Proeram. The program must include emergency treatment provided by a facility 
affiliated with a general hospital or with part of the medical service of a general hospital. 
I 
3. Treatment. The department shall provide for adequate and appropriate treatment 
for alcoholics, drugs abusers, drug addicts and drug-dependent persons admitted under 
sections 304 and 305. Treatment may not be provided at a correctional institution, except 
for inmates. 
4. Contract with facilities. The department shall contract with approved treatment 
facilities whenever possible. The administrator of any treatment facility may receive for 
observation, diagnosis, care and treatment in the facility any person whose admission is 
applied for under any of the procedures in this subchapter. 
l 
,. 
§209. Program to reduce tobacco use by juveniles 
The department shall work with state and local agencies to enhance enforcement of 
state laws relating to the sale and use of tobacco products by juveniles and shall 
coordinate state and local activities related to those provisions. The department shall take 
all necessary actions to ensure compliance with the Public Health Service Act, 42 United 
States Code, Section 300x-26, also known as the "Synar Amendment." including the 
preparation of reports for the signature of the Governor. 
§210. Planning 
The department shall plan alcohol and drug abuse prevention and treatment activities 
in the State and prepare and submit to the Legislature: 
II 
1. Biennial plan. By January 15, 2009, and biennially thereafter, with the advice and 
consultation of the Provider Partnership Advisory Council created under section 211, a 
comprehensive plan containing statements of measurable goals to be accomplished during 
the coming biennium and establishing performance indicators by which progress toward 
accomplishing those goals will be measured; and 
2. Four-year assessment. By January 15, 2009, and every 4th year thereafter, an 
assessment of the costs related to drug abuse in the State and the needs for various types 
of services within the State, including geographical disparities in the needs for various 
types of services and the needs of special populations of drug abusers. 
§211. Provider Partnership Advisory Co.neil 
1. Creation. The Provider Partnership Advisory Council, referred to in this section 
as "the council," is created within the department. 
2. Membership, appointments. The council consists of 10 voting members: 
A. Seven members representing substance abuse service providers including at least 
licensed alcohol and drug counselors, at least 2 representatives of approved 
treatment facilities and at least 2 representatives of prevention programs; 
B. One member of the public; 
C. One educator; and 
D. One person representing consumers of services. 
The commissioner serves as a nonvoting, ex officio member of the council. 
I 
The Governor shall appoint members of the council. The Governor shall select the 7 
substance abuse service provider members after consultation and advice from the Maine 
Association of Substance Abuse Programs, or its successor organization. 
An employee of the department may not serve as a member of the council prior to the 
expiration of one year from that employee's last day of employment with the department. 
3. Lent:th of term. Vacancy appointments are for a term of 3 years and until 
sLiccessors are appointed and qualified. A person may not serve more than 2 consecutive 
I 
3-year terms. On the death, resignation or removal from office of any person appointed to 
the council, the Governor shall appoint a member to serve for the unexpired term. 
4. Duties. The council shall render to the' commissioner information and advice 
concerning administration of the department, increasing provider input. improving 
communication and business processes and enhancing collaboration between the 
department and providers. 
5. Meetings. All meetings of the council are public meetings and must be held in a 
public meeting place convenient for the public. Public notice of all regular and special 
council meetings must be published in a daily newspaper of general circulation in the 
geographic area where the meeting is scheduled at least 7 days and not more than 2 I days 
I I 
prior to the meeting. That notice must include an agenda or statement of purpose of the 
meeting. That notice may be combined with any other notice of the meeting required by 
law. 
6. Compensation. Members are entitled to compensation as provided in Title 5, 
chapter 379. 
SUBCHAPTER 3 
PREVENTION AND TREATMENT SERVICES 
§301. Prevention 
The department shall provide prevention services in accordance with this section. 
1. 
Public awareness. 
The department shall create and maintain a program to 
I 
increase public awareness of the impacts and prevalence of alcohol and drug abuse. The 
public awareness program must include promotional and technical assistance to local 
governments, schools and public and private nonprofit organizations interested in alcohol 
and drug abuse prevention. 
As part of its public awareness program, the department shall operate an information 
clearinghouse and oversee, support and coordinate a resource center within the 
Department of Education. The infonnation clearinghouse and resource center constitute a 
comprehensive reference center of information related to the nature, prevention and 
treatment of alcohol and other drug abuse. Information must be available for use by the 
general public, political subdivisions, public and private nonprofit agencies and the State. 
I 
Information contained may include research on the causes and nature of alcohol, drugs, 
substance abuse and people who abuse or are dependent on substances; statistical data 
and information; and educational materials and an inventory and description of substance 
abuse prevention and treatment programs, facilities and services available in this State. 
2. Education. To the fullest extent possible, the Commissioner of Education shall 
coordinate all elementary and secondary school alcohol and drug abuse education 
programs administered by the Department of Education and funded under the federal 
Drug-Free Schools and Communities Act of 1986, as amended, with programs 
administered by the department. The Commissioner of Education shall participate in 
" 
planning, _budgeting and evaluating alcohol and other drug abuse programs, in 
cooperation with the Provider Partnership Advisory Council created under section 211, 
and ensure that alcohol and drug abuse education programs administered by the 
Department of Education that involve any community participation are coordinated with 
avai lable treatment services of the department. 
Nothing in this subsection interferes with the authority of the Department of Education to 
receive and allocate federal funds under the federal Drug-Free Schools and Communities 
Act of 1986, as amended. 
II 
§302. Certification 
The department shall establish operating and treatment standards and inspect and 
certify substance abuse treatment facilities, including residential treatment centers, 
community-based service providers and facilities that are private nonmedical institutions. 
1. Examination; fees. The department shall periodically enter, inspect and examine 
a treatment facility or program and examine its books, programs, standards, policies and 
aCCOlJnts. This examination process must include a review of the requirements to be a 
community-based service provider. The department shall fix and collect the fees for the 
inspection and certification and shall maintain a list of approved public and private 
treatment facilities. 
2. Information. Upon request by the department, each approved public or private 
treatment facility under subsection I must provide data, statistics, schedules and 
information that the department reasonably requires. The commissioner may remove a 
facility that fails to provide such information from the list of approved facilities. 
3. No refusal allth()rizeti. An approved public or private treatment facility may not 
refuse inspection or examination by the department under this section. 
4. Decertification. Procedures to decertify any public or private facility or to refuse 
certification are governed by the Maine Administrative Procedure Act. 
5. Rules. The department is authorized to adopt rules for the setting of standards, 
procedures and fees for the issuance of certificates. Rules adopted under this subsection 
are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
§303. Evaluation 
1. Data collection; sources. The department shall collect data and use information 
from other sources to evaluate or provide for the evaluation of the impact, quality and 
value of alcohol and drug abuse prevention activities, treatment facilities and other 
alcohol and drug abuse programs. 
2. Content of evaluation. Any evaluation of treatment facilities must include, but is 
not limited to, administrative adequacy and capacity, policies and treatment planning and 
delivery. Alcohol and drug abuse prevention and treatment services authorized by this 
subchapter and by the following federal laws and amendments that relate to drug abuse 
prevention must be evaluated: 
A. 
The Drug Abuse Office and Treatment Act of 1972, 21 United States Code, 
Section 110 I et seq. (1982); 
B. The Community Mental Health Centers Act, 42 United States Code, Section 268& 
et seq. (1982); 
C. The Public Health Service Act, 42 United States Code, Section I et seq. (1982); 
D. The Vocational Rehabilitation Act, 29 United States Code, Section 701 et seq. 
(1982); 
E. The Social Security Act, 42 United States Code, Section 30 I et seq. (1982); and 
F. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 
Rehabilitation Act of 1970, Public Law 91-616 (1982) and similar acts. 
II 
§304. Acceptance for treatment 
The department shall adopt rules under the general rule-making authority of section 
207, subsection 2 for acceptance of persons into a treatment program, considering 
available treatment resources and facilities, for the purpose of early and effective 
treatment of alcoholics, drug abusers, drug addicts and drug-dependent persons. 
In establishing rules, the department must be guided by the following standards. 
1. Voluntary basis. People must be treated on a voluntary basis. 
2. Initial assignment. A person must be initially assigned or transferred to outpatient 
or intermediate treatment, unless the person is found to require residential treatment. 
3. Denial of treatment. A person may not be denied treatment solely because that 
person has withdrawn from treatment against medical advice on a prior occasion or has 
relapsed after earlier treatment. 
4. 
Individualized treatment plan. An individualized treatment plan must be 
prepared and maintained on a current basis for each patient. 
5. Coordinated treatment. Provisions must be made for a continuum of coordinated 
treatment services, so that a person who leaves a facility or a fonn of treatment has 
available and may use other appropriate treatment. 
6. 
Denial of treatment services. A person, finn or corporation licensed by the 
department as an approved alcohol or drug treatment facility to provide shelter or 
detoxification services, and that receives any funds administered by the department, mav 
not deny treatment to any person because of that person's inability or failure to pay any 
assessed fees. 
33' 
7. Community based. Treatment must be provided in the least restrictive setting 
possible and in the person's home community wherever possible. 
8. 
Diagnosing. Diagnosing of a person's mental capabilities, psychological or 
personality cOlllPosition or other non-alcohol-related or non-drug-related conditions or 
Page II - 123LR3215(OI)-1 
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mental ·states may not be conducted until detoxification is complete and the person is 
judged to be medically no longer under the influence of a chemical or substance of abuse. 
§305. Voluntary treatment of substance-dependent persons 
1. Voluntary treatment. An alcoholic, drug abuser, drug addict or drug-dependent 
person may apply for voluntary treatment directly to an approved treatment facility. 
II 
2. Determination. A person who comes voluntarily or is brought to an approved 
treatment facility for residential care and treatment must be examined immediately by a 
licensed physician. That person may then be admitted or referred to another health facility 
based upon the physician's re\:ommendation. Subje\:t to rules adopted by the department, 
the administrator in charge of an approved treatment facility may determine who may be 
admitted for treatment. If a person is refused admission to an approved treatment facility, 
the administrator, subject to rules adopted by the department, sha1\ refer the person to 
another approved treatment facility for treatment if possible and appropriate. 
3. Outpatient or intermediate treatment. If a person re\:eiving residential care 
leaves an approved treatment facility, that person must be encouraged to consent to 
appropriate outpatient or intermediate treatment. 
4. Discharge. If a person leaves an approved treatment facility against the advice of 
the administrator in charge of the facility and that person does not have a home. the 
person must be assisted in obtaining shelter. 
§306. Records 
1. Registration and records. Registration and other records of treatment facilities 
are confidential and are privileged to the patient. 
2. Information for research. Notwithstanding subse\:tion 1, the commissioner may 
make avai lable information from patients' records for purposes of research into the causes 
and treatment of alcoholism and drug abuse. Information under this subsection may not 
be published in a way that discloses patients' names or other identitying information. 
§307. Visitation and communication with patients 
1. Hours of visitation. Subject to reasonable rules regarding hours of visitation, 
which the commissioner may adopt under the general rule-making authority of section 
207, subsection 2, patients in any approved treatment facility must be granted 
opportunities for adequate consultation with counsel and for continuing contact with 
family and friends consistent with an effective treatment program. 
2. 
Communication. Mail or other communication to or from a patient in any 
approved treatment facility may not be intercepted, read or censored. The commissioner 
may adopt reasonable rules under the genera] rule-making authority of section 207, 
subsection 2 regardin, the use of telephones by patients in approved treatment facilities. 
3. Restrictions. The patient may exercise a1\ civil rights, including, but not limited 
to, civil service status; the right to vote; rights relating to the granting, renewal, forfeiture 
I 
or denial of a license, penn it, privilege or benefit pursuant to any law; and the right to 
enter contractual relationships and to manage the patient's property, except: 
A. To the extent the commissioner detennines that it is necessary for the medical 
welfare of the patient to impose restrictions unless the patient has been restored to 
legal capacity; or 
8. When specifically restricted by other laws or rules. 
Restrictions on the exercise of civil rights may not be imposed on any patient solely 
because of the fact of that person's admission to a mental hospital. 
§308. Payment for treatment; financial ability of patients 
1. Payment. If treatment is provided by an approved treatment facility and the 
II 
patient has not paid the charge for that treatment, the treatment facility is entitled to any 
payment received by the patient or to which the patient may be entitled because of the 
services rendered, and from any public or private source available to the treatment facility 
because of the treatment provided to the patient. 
2. Liability. A patient in an approved public treatment facility, or the estate of the 
patient, or a person obligated to provide for the cost of treatment who has sufficient 
financial ability, is liable to the treatment facility for the cost of maintenance and 
treatment of the patient in accordance with established rates. 
3. Finances. The commissioner shall adopt rules under the general rulemaking 
authority of section 207, subsection 2 governing financial ability that take into 
consideT1ltion the patient's income, savings, other personal and real property and any 
support being furnished to any other person that the patient is required by law to support. 
SUBCHAPTER 4 
DRIVER EDUCATION AND EVALUATION PROGRAMS 
1401. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
tenns have the following meanings. 
1. Alcohol-related or other drug-related motor vehicle incident. "Alcohol-related 
or other drug-related motor vehicle incident" means a conviction or administrative action 
resulting in the suspension of a motor vehicle operator's license for a violation under: 
A. Fonner Title 29, section 13 II-A; section 1312, subsection 10-A; section 1312-C; 
section 1312-B; section 1313-8; section 2241, subsection 1, paragraph N; section 
2241-G, subsection 2, paragraph B, subparagraph (2); or section 2241-J; 
8. Title 29-A, section 1253; section 2411; section 2453; section 2454, subsection 2; 
section 2456; section 2457; section 2472, subsection 3, paragraph B and subsection 4; 
section 2503; sections 2521 to 2523; or section 2525; or 
, 
/ 
( 
C. The ru les adopted by the Department of the Secretary of State for the suspension 
of commercial driver's licenses. 
2. Client. "Client" means a person who is required to complete an alcohol and other 
drug education, evaluation and treatment program for an alcohol-related or other drug-
S 
related motor vehicle incident. 
3. 
Completion of treatment. "Completion of treatment," for the purpose of 
recommendation by the department to the Secretary of State concerning restoration of a 
driver's license to a client, means that the client has responded to treatment to the extent 
that there is a substantial probability that the client will not be operating under the 
influence. This substantial probability may be shown by: 
A. An acknowledgment by the client of the extent of the client's alcohol or drug 
problem; 
B. A demonstrated ability to abstain from the use of alcohol and drugs; and 
C. 
A willingness to seek continued voluntary treatment or to participate In an 
appropriate self-help program, or both, as necessary. 
4. First offender. "First offender" means a client who has had no previous alcohol-
related or other drug-related motor vehicle incident within a IO-year period. 
5. Multiple offender. "Multiple offender" means a client who has had more than one 
alcohol-related or other drug-related motor vehicle incident within a I O-year period or has 
had a previous incident prior to the IO-year period for which the client has not completed 
a Driver Education and Evaluation Program as established in section 402. 
§402. Driver Education and Evaluation Programs 
The Driver Education and Evaluation Programs are established in the department. 
The Driver Education and Evaluation Programs shall administer the alcohol and other 
drug education, evaluation and treatment programs as provided in this chapter. The 
department shall certifY to the Secretary of State: 
1. Completion of Driver Education and Evaluation Programs. Those individuals 
who satisfactorily complete a program pursuant to section 403; and 
2. 
Completion of treatment other than Driver Education and Evaluation 
Programs. Those individuals who satisfY the requirements for completion of treatment 
by means other than a program pursuant to section 403. 
§403. Programs and components; rules 
The department shall design programs and components that are age-appropriate and 
therapeutically appropriate. The department shall adopt routine technical rules pursuant to 
the general rule-making authority of section 207, subsection 2 regarding requirements for 
these programs and components and any other rules necessary to implement this 
subchapter. 
§404. Separation of evaluation and treatment functions 
A Driver Education and Evaluation Programs private practItIOner or a counselor 
employed by a substance abuse facility approved or licensed by the department providing 
services under this subchapter may not provide both treatment services and evaluation 
services for the same client participating in programs under this subchapter unless a 
waiver is granted on a case-by-case basis by the Driver Education and Evaluation 
Programs. The practitioner or counselor providing evaluation services shall give a client 
the name of 3 practitioners or counselors who can provide treatment services, at least one 
of whom may not be employed by the same agency as the practitioner or counselor 
conducting the evaluation. 
I 1 
§405. Certification; recertification 
All providers of the evaluation, intervention and treatment components of the Driver 
Education and Evaluation Programs must be certified by the department. The certification 
period for providers, whether an individual or an agency or facility, is 2 years. The 
department shall adopt routine technical rules pursuant to the general rule-making 
authority of section 207, subsection 2 requiring continuing education for recertification. 
§406. Fees 
The department shall set fees in accordance with the cost of each program. All fees 
must be transferred to the General Fund. The department may waive all or part of any fee 
for a client who provides sufficient evidence of inability to pay. 
§407. Reports 
The commissioner shall report annually by February I st to the joint standing 
committees of the Legislature having jurisdiction over transportation and health and 
human services matters regarding the department's activities under this subchapter. A 
copy of the report must be sent to the Executive Director of the Legislative Council. 
§408. Appeals 
The Driver Education and Evaluation Programs Appeals Board, established in Title 5, 
section 12004-G, subsection IS-A, is referred to as "the board" in this subchapter and is 
governed by this section. 
1. 
Qualifications. Each member of the board must have trammg, education, 
experience and demonstrated ability in successfully treating clients who have substance 
abuse problems. Board members may not hold current certificates to provide driver 
education, evaluation and treatment services during their terms of appointment. 
2. Appointment; term; removal. The board consists of 3 members appointed by the 
Governor for 2-year terms: a vacancy occurring prior to the expiration of a term must be 
filled by appointment for the unexpired term. The Governor for cause may remove 
members. 
( 
.. 
I. 
3. 
Facilities; staff. The commissioner shall provide staff support and adequate 
facilities for the board. 
4. 
Chair; rules. The board shall elect annually a chair from its members. The 
commissioner shall adopt rules under the general rule-making authority of section 207, 
subsection 2 to carry out the purposes of this section. 
5. 
Compensation. Each member of the board is entitled to compensation In 
accordance with Title 5, chapter 379. 
6. Appeal from decision. A client of Driver Education and Evaluation Programs 
II 
..,.., 
A. 
Appeal to the board a failure to certify completion of treatment pursuant to 
section 402, subsection 2; and 
B. Appeal to the board an evaluaticn decision referring the client to treatment or a 
completion of treatment decision. A client may appeal under this paragraph only after 
tb~ client has sought a 2nd ommon of the need for treatment or of satisfactory 
(,;omplet ion of treatment. 
7. 
Appeal procedure and action. An appeal is heard and decided by one board 
member. The board may affirm or reverse the decision of the treatment provider or 
agencv, require further evaluation, make a finding of completion of treatment or make an 
alternate recommendation. The board, after due consideration, shall make a written 
decision and transmit that decision to the Driver Education and Evaluation Programs and 
the client who appealed the case. The decision of the board is final agency action for 
purposes of judicial review pursuant to Title 5, chapter 375, subchapter 7 . 
SUBCHAPTER 5 
DRUG TREATMENT CENTERS 
§501. Definition of drug treatment center 
The term "drug treatment center," as used in this subchapter, means a residential 
faciJity~ licensed as a medical care facility under Title 22, chapter 405, for the care, 
treatment or rehabilitation for drug addiction and drug abuse, including alcohol addiction 
and abusl:. 
§502. Rules 
The commissioner shall adopt rules for drug treatment centers, including, but not 
limited to, rules pertaining to administration, staffing, number of residents, quality of 
treatment programs, health and safetv of staff and residents, community relations, 
administration of medication and licensing procedures. Rules adopted pursuant to this 
section arc major substantive rules, as defined in Title 5, chapter 375, subchapter 2-A. 
§503. Fees 
:2 
The department shall charge an annual fee of $50 for regular licenses and a fee of $50 
for temporary or conditional licenses for drug treatment centers. 
§504. Fire safety 
All provisions included in Title 22, section 7855, subsections 1 and 2 for residential 
care facilities apply to drug treatment centers. 
§505. Additional license not required 
A facility. except as provided for in Title 22, section 8101, subsection 4, licensed as a 
drug treatment center may not be required to be licensed as a boarding care facility or a 
children's home. A drug treatment center, as part of its program, may provide a special 
education facility, as defined in Title 20-A, section 7001, subsection 6, for the benefit of 
any child with a disability, as defined by Title 20-A, section 7001, subsection I-B, 
residing at the drug treatment center. 
Sec. A-7. 
Bureau structure; restriction. 
The Commissioner of Substance 
Abuse Services may not establish a bureau structure for the new Department of Substance 
Abuse Services until that structure has been approved by the Legislature. 
Sec. A-8. Staggered terms for members of the Provider Partnership 
AdviSOr)' Council Notwithstanding the Maine Revised Statutes, Title 22-B, section 
211. subsection 3. the Governor shall make initial appointments to the Provider 
Partnership Advisory Council so that 4- members serve for 3 years, 3 members serve for 2 
years and 3 members serve for one year. 
Sec. A-9. 
Staggered terms for members of Driver Education and 
Evaluation Appeals Board. 
Notwithstanding the Maine Revised Statutes, Title 22-
B, section 408. subsection 2. any member of the Driver Education and Evaluation 
Programs Appeals Board serving on the effective date of this Act continues to serve until 
the expiration of the term for which that member was appointed. 
PART B 
I 
Sec. B-1. Commissioner's Implementation Advisory Council. 
1. Creation. The Commissioner's Implementation Advisory Council, referred to in 
this section as the council, is created within the Department of Substance Abuse Services. 
2. Membership. The council consists of 10 members: 
A. Five members representing the provider community, including at least one 
licensed alcohol and drug counselor, 
one representative of a licensed treatment 
J4 
center and one representative of a- prevention program; 
B. Two members or the public: 
C. One educator: and 
II 
. 
II 
" J_ 
" 
_U 
-
D. Two members representing consumers of services. 
The Commissioner of Substance Abuse Services serves as a nonvoting, ex-officio 
member of the council, except the commissioner may vote to break a tie. 
The Governor shall appoint members of the council. The Governor shall select the 5 
provider community members after consultation and advice from the Maine Association 
of Substance Abuse Programs, or its successor organization. 
An employee of the department may not serve as a member of the council prior to the 
expiration of one year from that employee's last day of employment with the department. 
3. Term; sunset. Appointments are for a single term of 2 years and until successors 
are appointed and qualified. The council dissolves 24 months after its creation. On the 
death. resignation or removal from office of any person appointed to the council, the 
Governor shall appoint a member to serve for the unexpired term. 
4. Expenses. The members of the council are entitled to compensation in the form of 
expenses for attendance at meetings of the implementation phase. 
5. Duties. The council shall render to the commissioner information and advice 
concerning the transition of duties and responsibilities to the department, implementation 
of the Maine Revised Statutes, Title 22-B, creation of the department and the 
organization structure and division of responsibilities within the department. 
6. Meetings. The council shall meet at least quarterly with the commissioner and may 
meet more often as the council may elect after the first meeting. All regular and special 
meetings of the council must be public meetings and must be held in a public meeting 
place convenient for the public. Public comment must be accepted at regular and special 
meetings of the council. Comments may be restricted to subjects before the council at the 
meeting and consistent with any applicable requirements and limitations of the Maine 
Administrative Procedure Act. Public notice of all regular and special council meetings 
must be published in a daily newspaper of general circulation in the geographic area 
where the meeting is scheduled at least 7 days and not more than 21 days prior to the 
meeting. That notice must include an agenda or statement of purpose of the meeting. That 
notice may be combined with any other notice ofthe meeting required by law. 
7. Officers. At the first meeting of the council. the members may elect one member 
as chair and one member as vice-chair. 
Sec. B-2. Transition. Notwithstanding the Maine Revised Statutes, Title 22. Title 
22-/\ and Title 34-8. the following provisions apply to the reassignment of the duties and 
responsibilities of the Department of Health and Human Services and the former 
Department of Human Services and the former Department of Behavioral and 
Developmental Services to the Department of Substance Abuse Services. 
I. /\11 functions of the Department of Health and Human Services as they pertain to 
the duties of the Department of Substance Abuse Services as set forth in this Act are 
incorporated into the Department of Substance Abuse Services. All references to, 
responsibilities of and authority conferred upon the Department of Health and Human 
Services and the former Department of Human Services and the former Department of 
Page IH - 123LRJ2IS(OI)-1 
I 
Behavioral and Developmental Services, and those departments' predecessors, throughout 
the Maine Revised Statutes as they pertain to the duties of the Department of Substance 
Abuse Services as set forth in this Act are deemed to refer to and vest in the Department 
of Substance Abuse Services created by this Act. The Department of Substance Abuse 
Services is the successor in every way to the powers, duties and functions as assigned in 
Title 22-A to the Department of Health and Human Services, as they pertain to services 
provided to adults, children and families under this Act. 
2. All functions and duties set forth in Title 5, chapter 521 are specifically assigned to 
the Department of Substance Abuse Services. 
3. The Department of Substance Abuse Services is the successor to the Department of 
I T 
Professional and Financial Regulation in every way relating to the function, operation and 
duties of the State Board of Alcohol and Drug Counselors. 
4. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued 
expenditures, assets, liabilities. balances of appropriations, allocations, transfers. revenues 
or other available funds in an account or subdivision of an account of the Department of 
Health and Human Services or of the Department of Professional and Financial 
Regulation that pertain to the duties of the Department of Substance Abuse Services as 
set forth in this Act must be transferred to the proper accounts of the Department of 
Substance Abuse Services by the State Controller or by financial order upon the request 
of the State Budget Officer and. with the approval of the Governor. 
5. All rules of the Department of Health and Human Services and the State Board of 
Alcohol and Drug Counselors and of the former Department of Human Services and the 
former Department of Behavioral and Developmental Services, as they pertain to the 
duties of the Department of Substance Abuse Services as set forth in th is Act, that are in 
effect on the effective date of this Act remain in effect until rescinded, revised or 
amended. 
6. All contracts, agreements and compacts of the Department of Health and Human 
Services and of the former Department of Human Services and the former Department of 
Behavioral and Developmental Services, as they pertain to the duties set forth in this Act, 
that are in effect on the effective date of this Act remain in effect until they expire or are 
altered by the parties involved in the contracts, agreements or compacts. The Department 
of Substance Abuse Services is the successor agency for all federal block grants and 
programs administered under the United States Social Security Act, as amended, and any 
other federal programs, grants and contracts, as they pertain to the duties of the 
Department of Substance Abuse Services as set forth in this Act. 
7. All records of the Department of Health and Human Services and any previous 
records of the former Department of Human Services and the former Department of 
Behavioral and Developmental Services, as they pertain to the duties set forth in this Act, 
must be transferred to the Department of Substance Abuse Services as necessary to 
implement this Act. 
J 
, 
8. All property and equipment of any bureau, division or program of the Department 
of Health and Human Services pertaining to the duties set forth in this Act are transferred 
to the Department of Substance Abuse Services as necessary to implement this Act. 
9. Employees of the Department of Substance Abuse Services who were employees 
of the Department of Health and Human Services or the Department of Professional and 
Financial Regulation immediately prior to the effective date of this Act retain all their 
employee rights, privileges and benefits, including sick leave, vacation and seniority, 
provided under the Civil Service Law or collective bargaining agreements. The 
Department of Administrative and Financial Services, Bureau of Human Resources shall 
provide assistance to the affected departments and shall assist with the orderly 
implementation of this subsection. 
10. The Commissioner of Substance Abuse Services in cooperation with the 
Commissioner of Health and Human Services, Commissioner of Professional and 
Financial Regulation and Commissioner of Administrative and Financial Services shall 
investigate cost savings and efficiencies from consolidation or delegation of certain 
administrative functions among state departments and may enter i~to agreements for the 
consolidation or delegation and provision of some or all of the following administrative 
functions: 
A. Internal auditing; 
B. External auditing; 
C. Financial management; 
D. Human resources; 
E. Information technology, data collection and data management; 
F. Facilities management; 
G. Contracting; 
H. Licensing; 
1. Training; and 
J. Administrative appeals. 
The Commissioner of Substance Abuse Services may not consolidate or delegate such 
functions if that delegation results in increased administrative costs. Beginning January J, 
2009 the commissioner shall provide the joint standing committees of the Legislature 
having jurisdiction over health and human services matters and state and local 
government matters with an annual report that summarizes any such coopeTative 
agreements. 
II. By January 1,2009, the Commissioner of Substance Abuse Services shall submit 
a report, including recommendations and any necessary legislation, to the Governor and 
the joint standing committee of the Legislature having jurisdiction over health and human 
services matters regarding the establishment and implementation of the Department of 
Substance Abuse Services. In developing the report, the commissioner shall consult with 
the Provider Partnership Advisory Council and the Commissioner's Implementation 
Advisory Council. The commissioner's report must include recommendations on the 
following issues: 
A. Bureau structure, including the number, title and functions of bureaus and 
divisions within bureaus. In the development of recommendations regarding the 
bureau structure, the commissioner shall consider the unique needs of special 
populations. including but not limited to children; 
B. Administrative structure and functions, including: 
( 1 ) Planning and quality assurance; 
(2) Staff training and professional development; 
(3) Regional structure and administrative functions; and 
II 
(4) The employment status of division directors; 
" 
C. Program and service del ivery functions; and 
D. The need for additional advisory boards and opportumtles to ensure that all 
advisory bodies to the new department operate efficiently and effectively. 
Following receipt and review of the report, the joint standing committee of the 
Legislature having jurisdiction over health and human services matters may submit 
legislation to the First Regular Session of the 124th Legislature. 
12. The Commissioner of Substance Abuse Services shall work with the 
Commissioner of Education and the Commissioner of Corrections to review the delivery 
of juvenile substance abuse services and educational programs. By January I, 2009, the 
I 
Commissioner of Substance Abuse Services shall 
submit a report including 
recommendations and any necessary legislation to the Governor and the joint standing 
committee of the Legislature having jurisdiction over health and human services matters. 
Following receipt and review of the report, the committee may submit legislation to the 
Sec. 8-3. Conflicts and inconsistencies. If the Commissioner of Substance 
Abuse Services finds a conflict or inconsistency between provisions in the Maine Revised 
Statues, Title 22, Title 22-A, Title 22-B, Title 32 and Title 34-B and rules adopted under 
those titles, the commissioner shall attempt to resolve that conflict or inconsistency by 
interpreting the laws or rules together to give effect to the intent of the Legislature or 
agency, as the case may be. If the commissioner determines rulemaking is required to 
resolve a conflict or inconsistency, the commissioner may adopt rules to resolve such 
conflict or inconsistency. In adopting rules under this section, the commissioner has sole 
discretion to determine whether an emergency exists. The commissioner shall notify the 
members of the joint standing committee of the Legislature having jurisdiction over 
health and human services matters prior to adopting any emergency rule under this 
section. 
Sec. 8-4. Legislation; schedule. The Commissioner of Substance Abuse Services 
shall work with the joint standing committee of the Legislature having jurisdiction over 
health and human services matters and staff from the Office of Policy and Legal Analysis 
and the Office of the Revisor of Statutes to review those parts of the Maine Revised 
Page21-123LR3215(OI)-1 
J 
I 
Statutes governing the Department of Substance Abuse Services, including but not 
limited to Title 22, Title 22-A, Title 22-B, Title 32 and Title 34-B. The purpose of the 
review is to develop legislation to consolidate existing law into Title 22-B, to update Title 
22-B and to correct any errors and inconsistencies in law that result from this Act. By 
November 30, 2009 the commissioner and the committee shall agree on the format and 
organization of Title 22-B. By November 30, 2010 the commissioner shall submit the 
legislation developed pursuant to this section to the S@cond Regular Session of the 124th 
Legislature. 
Sec. B-5. Interim meetings; authorized. The joint standing committee of the 
Legislature having jurisdiction over health and human services matters is authorized to 
II 
meet as needed, but at least 3 times, during the 2008 legislative interim to carry out its 
responsibilities to oversee planning, service delivery and implementation issues related to 
the establishment of the Department of Substance Abuse Services. At these meetings, the 
Commissioner of Substance Abuse Services shall brief the committee on planning issues, 
progress, challenges and the timeline for implementation. The committee shall provide 
opportunities for consumers, providers and advocates to speak tp the committee. The 
committee may submit legislation to the Second Regular Session of the I 24th Legislature 
based on these meetings. 
Sec. 8-6. 
Working groups. From July 2008 through December 2009, the 
Commissioner of Substance Abuse Services shall convene advisory working groups to 
consider planning, service delivery and 
implementation issues related to the 
establishment of the Department of Substance Abuse Services. The working groups shall 
review the issues identified in section I, subsection I I. The working groups must include 
broad representation from consumers, providers and members of the public. 
Sec. 8-7. 
Budget. The Department of Administrative and Financial Services, 
Bureau of the Budget shall work with the employees of the Department of Heahh and 
Human Services with regard to the duties transferred to the Department of Substance 
Abuse Services as set forth in this Act to develop the budget for the Department of 
Substance Abuse Services. 
Sec. B-8.federal approvaj. If the Commissioner of Substance Abuse Services 
determines that federal approval will not be obtained for any part of this Act that requires 
federal approval, the commissioner shall notify the joint standing committee of the 
Legislature having jurisdiction over heahh and human services matters, the joint standing 
committee of the Legislature having jurisdiction over appropriations and financial affairs 
and the Executive Director of the Legislative Council. 
Sec. B-9. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes the words "Department of Health and Human Services," 
"Department of Human Services," "Department of Behavioral and Developmental 
Services," "Department of Professional and Financial Regulation" or "Office of 
Substance Abuse" appear or reference is made to one of those entities or those words with 
I 
reference to the duties transferred to the Department of Substance Abuse Services as set 
forth in this Act, those entities or words are amended to read or mean, as appropriate, 
I 
"Department of Substance Abuse Services," and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
PARTC 
Sec. C-l. 2 MRSA §6, sub-§l, as repealed and replaced by PL 2005, c. 397, Pt. 
A, § I, is amended to read: 
1. Range 91. The salaries of the following state officials and employees are within 
salary range 91 : 
Commissioner of Transportation; 
Commissioner of Conservation; 
Commissioner of Administrative and Financial Services; 
I T 
Commissioner of Education; 
Commissioner of Environmental Protection; 
Executive Director of Dirigo Health; 
Commissioner of Public Safety; 
Commissioner of Professional and Financial Regulation; 
Commissioner of Labor; 
Commissioner of Agriculture, Food and Rural Resources; 
Commissioner of Inland Fisheries and Wildlife; 
Commissioner of Marine Resources; 
Commissioner of Corrections; 
Commissioner of Economic and Community Development; 
Commissioner of Defense, Veterans and Emergency Management; aRti 
Executive Director, Workers' Compensation Board~; and 
Commissioner of Substance Abuse Services. 
Sec. C-2. 2 MRSA §6, sub-§2, as amended by PL 2007, c. 273, Pt. B, §I, is 
further amended to read: 
2~ Range 90. The salaries of the following state officials and employees are within 
salary range 90: 
Superintendent of Financial Institutions; 
Superintendent of Consumer Credit Protection; 
State Tax Assessor; 
Superintendent of Insurance; 
Executive Director of the Maine Consumer Choice Health Plan; 
Deputy Commissioner, Department of Administrative and Financial Services; 
Associate Commissioner for Adult Services, Department of Corrections; 
Associate Commissioner for Juvenile Services, Department of Corrections; 
Public Advocate; 
Deputy Commissioner of Integrated Services, Department of Health and Human 
Services; 
Deputy Commissioner of Health, Integrated Access and Strategy, Department of 
Health and Human Services; 
Chief Information Officer; 
Associate Commissioner for Legislative and Program Services, Department of 
1 
Corrections; aOO 
Chief of the State Police"~ 
Deputy Commissioner of Substance Abuse Services; and 
Associate Commissioner of Substance Abuse Services. 
Sec. C-3. 5 MRSA §946-B is enacted to read: 
§946-B. Department of Substance Abuse Services 
1. Major policy-influencing positions. The following positions are major policy-
influencing 
positions 
within 
the 
Department 
of Substance 
Abuse 
Services. 
Notwithstanding any other provision of law, these positions and their successor positions 
are subject to this chapter: 
A. Deputy commissioners; 
B. Associate commissioners; 
C. Bureau directors and division directors; 
D. Regional directors; and 
E. Director of legal affairs. 
PART D 
Sec. D-l. 32 MRSA §6201, as amended by PL 1995, c. 394, §2, lS further 
amended to read: 
§6201. State Board of Alcohol and Drug Counselors 
The State Board of Alcohol and Drug Counselors within the Department of 
Professional and Finaneial Regulation Substance Abuse Services as established by Title 
5, section 12004-A, subsection 41., shall carry out the purposes of this chapter. 
Sec. D-2. 32 MRSA §6208-A, sub-§l, as amended by PL 2007, c. 402, Pt. U, §5, 
is further amended to read: 
1. Membership. The State Board of Alcohol and Drug Counselors. as established 
by Title 5. section 12004-A. subsection 41. consists of 9 members. Seven members are 
appointed by the Governor. One member must be the Director of the Offiee of SubstaAee 
Abuse or a Commissioner of Substance Abuse Services or the commissioner's designee. 
One member. appointed by the Chancellor of the University of Maine System, must be a 
member of the university faculty involved in the training of substance abuse or alcohol 
and drug counselors. Of these 9 members,S members must be licensed alcohol and drug 
counselors and 2 members must be public members as defined in Title 5. section 12004-
A. 
Sec. 0-3. 32 MRSA §6212, sub-§2, as amended by PL 2007, c. 402. Pt. U, §7, is 
further amended to read: 
2. 
Adopt criteria. 
The board, in cooperation with the Gffiee: Department of 
Substance Abuse Services. may design, adopt or design and adopt an examination or 
other suitable criteria for establishing a candidate's knowledge, skill and experience in 
alcohol and drug counseling. 
Any criteria adopted by the board for establishing a 
candidate's knowledge, skill and experience in alcohol and drug counseling must be 
clearly defined. have an established baseline scoring procedure that is objectively 
measured, be in writing and be available to the public upon request. 
Sec. 0-4. 32 MRSA §6215, as amended by PL 2007. c. 402, Pt. U. §9. is further 
amended to read: 
§621S. Application; fees 
The Director of the Office of biceAsiAg aArl RegistratioA withiR the Depat1ffleRt of 
ProfessioAal aAd fiAaAcial RegulatioA Commissioner of Substance Abuse Services may 
::A 
establish by rule fees for purposes authorized under this subchapter in amounts that are 
reasonable and necessary for their respective purposes, except that the fee for anyone 
purpose may not exceed $200 annually. 
Rules adopted pursuant to this section are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. D-5. 32 MRSA §6219, first~, as amended by PL 2007, c. 402, Pt. U, § 13, is 
. further amended to read: 
All licenses issued pursuant to this chapter expire annually on November 30th or at 
such other time as the Commissioner of ProfessioAal and fiAaAcial RegulatioA Substance 
Abuse Services may designate. 
Licensees must renew their licenses on or before 
November 30th annually or on such other date as determined by the commissioner by 
filing an application. completing any continuing education requirements established by 
board rule and paying the renewal fee as set under section 6215. 
Sec. D-6. Revisor's review; cross-references. The Revisor of Statutes shall 
reviev, the Maine Revised Statutes and include in the errors and inconsistencies bill 
submitted to the Second Regular Session of the l24th Legislature pursuant to the Maine 
Revised Statutes, Title 1, section 94 any sections necessary to correct and update any 
cross-references in the statutes to provisions of law repealed in this Act. 
J 
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SUMMARY 
This bill makes the Office of Substance Abuse into the Department of Substance 
Abuse Services, a cabinet-level agency, in order to address the substance abuse problem 
in this State. This department would address the cost of substance abuse in this State and 
the effects of substance abuse on health care costs, workers' compensation, economic 
development and the reputation of the Maine workforce. This bill would allow the State 
to coordinate statewide substance abuse and addiction policies at a high level. 
Part A of the bill enacts a new Title 22-B in the Maine Revised Statutes to establish 
the Department of Substance Abuse Services. Part A also amends or repeals existing law 
to avoid some potential conflicts or ambiguity. 
Part B provides a series of transition provisions to ensure the appropriate and orderly 
transfer of functions, duties and responsibilities to the new department. 
Part C places the State Board of Alcohol and Drug Counselors under the jurisdiction 
of the new Department of Substance Abuse Services instead 0f the Department of 
Professional and Financial Regulation.