An Act To increase the Efficiency and Effectiveness of Licensing Behavioral Health Care Providers
Maine Legislature, Session 124, LD 1281
Committee: Health and Human Services
Sponsors: MILLS, CAMPBELL, JONES, JOY, PETERSON, STUCKEY
Amends: 5 MRSA §20024, 22 MRSA §7801

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRS'!' REGULAR SESSIUN-z009 
Legislative Document 
No. 1281 
In Senate, March 31, 2009 
An Act To increase the Efficiency and Effectiveness of Licensing 
Behavioral Health Care Providers 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
~g(J-~. 
JOY J. O'BRIEN -
Secretary of the Senate 
Cosponsored by Representatives: CAMPBELL of Newfield, EVES ofNOlihBerwick, JONES 
of Mount Vernon, JOY of Crystal, PETERSON of Rumford, SANBORN bfGorham, 
STUCKEY of Portland. 
Printctl tln recyclctl paper 
Be it enacted by the People orthe State of Maine as follows: 
Sec. 1. 5 MRS A §20024, first C!f[, as amended by PL 1991, c. 850, §5, is further 
amended to read: 
+he 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 ¥~. 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. 850, §5, is further amended 
. by adding at the end a new paragraph to read: 
A treatment facility or program that receives and maintains accreditation from a 
nationally recognized accrediting body may obtain the certificate of approval pursuant to 
section 20005, subsection 6 by submitting documentation of that 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 the accredited facility or 
program on any list of approved facilities and programs maintained by the office. 
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 requiTed by the office or for findings resulting from the 
investigation of a critical incident. 
. 
Sec. 3. 22 MRSA §7801, suh-§6 is enacted to read: 
·24 
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 1 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. Notwithstanding a program's or facility'S· maintenance of accreditation, the. 
department may withdraw the 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-lB 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 
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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. 
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 c0111l111ssioner's list of approved agencies or 
facilities for findings resulting from the investigation of a critical incident. 
Sec. 5. Nationally recognized accrediting body; rulemaldng. For purposes 
of the Maine Revised Statutes, Title 5, section 20024, Title 22, section 7801, subsection 
6, and Title 34-B, section 1203-A, subsection 8, a "nationally recognized accrediting 
body" means the Joint Commission, the Commission on Accreditation of Rehabilitation 
Facilities or the Council on Accreditation of Services for Families and Children. The 
Department of Health and· Human Services may adopt rules to designate additional 
entities as nationally recognized accrediting bodies. 
Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
The purpose of this bill is to increase the efficiency and effectiveness of iicensing 
behavioral health providers by requiring 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, prograrDs and facilities 
maintained by the department. -Notwithstanding an agency's, programis 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 fmdings reSUlting from the investigation of a 
critical incident.