An Act To Make ] 0 Supplemental Appropliations and Allocations for the Expenditures of State Govemment and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Govemment for the Fiscal Years Ending June 30, 2012 and June 30, 2013
Maine Legislature, Session 125, LD 1746
Committee Amendment CA_B_S573 (Senate)
Amends: 5 MRSA §1511, 22 MRSA §1714-D, 22 MRSA §3174-N, 22 MRSA §3174, 22 MRSA §3174-T, 22 MRSA §3174-U, 22 MRSA §7250, 5 MRSA §7-B, 5 MRSA §1582, 5 MRSA §6204, 12 MRSA §8003, 12 MRSA §8901, 2 MRSA §6, 3 MRSA §959, 4 MRSA §422, 5 MRSA §939-A, 5 MRSA §19202, 5 MRSA §20002, 5 MRSA §20003, 5 MRSA §20004, 5 MRSA §20004-A, 5 MRSA §20005, 5 MRSA §20006-A, 5 MRSA §20006-B, 5 MRSA §20007, 5 MRSA §20008, 5 MRSA §20009, 5 MRSA §20021, 5 MRSA §20022, 5 MRSA §20023, 5 MRSA §20024, 5 MRSA §20041, 5 MRSA §20042, 5 MRSA §20043, 5 MRSA §20044, 5 MRSA §20047, 5 MRSA §20048, 5 MRSA §20072, 5 MRSA §20073-B, 5 MRSA §20074, 5 MRSA §20075, 5 MRSA §20076-B, 5 MRSA §20077, 5 MRSA §20078-A, 12 MRSA §10701, 17 MRSA §2005, 20-A MRSA §6621, 22 MRSA §272, 22 MRSA §1551-A, 22 MRSA §1558, 22 MRSA §1558-A, 22 MRSA §3739, 22 MRSA §4004-A, 22 MRSA §7246, 22 MRSA §7247, 22 MRSA §7248, 22 MRSA §7249, 22 MRSA §7251, 22 MRSA §7252, 26 MRSA §683, 26 MRSA §687, 26 MRSA §688, 28-A MRSA §1703, 28-A MRSA §2519, 29-A MRSA §2401, 29-A MRSA §2411, 29-A MRSA §2455, 29-A MRSA §2472, 29-A MRSA §2502, 29-A MRSA §2505, 32 MRSA §6212, 32 MRSA §13795, 34-B MRSA §1219, 5 MRSA §1591, 22 MRSA §3174-I, 22 MRSA §3472, 22 MRSA §5104, 22 MRSA §5104-A, 22 MRSA §5105, 22 MRSA §5106, 22 MRSA §5304, 22 MRSA §6108, 22 MRSA §6202, 22 MRSA §7861, 36 MRSA §6220, 38 MRSA §1652, 34-B MRSA §5439, 34-B MRSA §19001, 34-B MRSA §3861, 22 MRSA §7924, 34-B MRSA §1223, 34-B MRSA §5604, 34-B MRSA §5604-A, 34-B MRSA §5605, 34-B MRSA §5606, 34-B MRSA §5608

COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746, Bill, "An Act To Make 
] 0 
Supplemental Appropliations and Allocations for the Expenditures of State Govemment 
and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Govemment for the Fiscal Years Ending June 30, 2012 and June 30, 2013" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Make Supplemental Appropriations and Allocations for the 
Expenditures of State Government and To Change Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the Fiscal Year Ending 
June 30,2013' 
Amend the bill by striking out everything after the title and before the summary and 
inselting the following: 
'Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for advertising and mailing costs to implement a use tax 
compliance program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$330,000 
$330,000 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Revenue Services, Bureau of 0002 
Initiative: Provides funding to initiate an overtime project to enhance revenue discovery 
and revenue collections. The project will increase gross revenue from income and sales 
and use taxes by an estimated $2,000,000 in fiscal year 2012-13. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Solid Waste Management Fund 0659 
2011-12 
$0 
$0 
$0 
2012-13 
$210,000 
$20,000 
$230,000 
Initiative: Provides funding for the operation of the Dolby Landfill in the Town of East 
Millinocket. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
CONSERVATION, DEPARTMENT OF 
Office of the Commissioner 0222 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$320,000 
$320,000 
2012-13 
$880,000 
$880,000 
Initiative: Reduces funding by eliminating one Commissioner of Conservation position. 
This initiative relates to the creation of the new Department of Agriculture, Conservation 
and Forestry. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
2011-12 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(1.000) 
($107,688) 
($107,688) 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
CONSERVATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2011-12 
so 
so 
2012-13 
(SI07,688) 
(SI07,688) 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) 
Developmental Services - Community 0122 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Developmental Services Waiver - MaineCare 0987 
2011-12 
0.000 
$0 
$0 
2012-13 
(3.000) 
($224,577) 
($224,577) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - MaineCare 0987 
2011-12 
$0 
$0 
2012-13 
$1,190,669 
$1,190,669 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - Supports Z006 
2011-12 
$0 
$0 
2012-13 
$6,299,768 
$6,299,768 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "S" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - Supports Z006 
2011-12 
$0 
$0 
2012-13 
$91,346 
$91,346 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder ofthe 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
Disproportionate Share - Dorothea Dix Psychiatric Center 0734 
2012-13 
$5,658,034 
$5,658,034 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
Disproportionate Share - Riverview Psychiatric Center 0733 
2011-12 
$0 
$0 
2012-13 
$73,700 
$73,700 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Dorothea Dix Psychiatric Center 0120 
2011-12 
$0 
$0 
$0 
2012-13 
$111,280 
$40,232 
$151,512 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
($73,700) 
($73,700) 
COMMITTEE AMENDMENT 'IBn to S.P. 600, L.D. 1746 
FHM - Substance Abuse 0948 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
Medicaid Services - Developmental Services 0705 
2011-12 
$0 
$0 
2012-13 
$17,976 
$17,976 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medicaid Services - Developmental Services 0705 
2011-12 
$0 
$0 
2012-13 
$592,079 
$592,079 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Child Medicaid 0731 
2011-12 
$0 
$0 
2012-13 
$1,201,050 
$1,201,050 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Child Medicaid 0731 
2011-12 
$0 
$0 
2012-13 
$470,754 
$470,754 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Children 0136 
2011-12 
$0 
$0 
2012-13 
$4,709,869 
$4,709,869 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
2012-13 
(9.000) 
($704,020) 
($704,020) 
Initiative: Eliminates 17 Intensive Case Manager positions, 2 Mental Health Caseworker 
Supervisor positions, one Mental Health Worker III position and one Social Services 
Manager I position in the Mental Health Services - Community program and increases 
All Other funding to expand the department's Projects for Assistance in Transition from 
Homelessness program to a statewide model. The remaining savings will be used to 
contract for case management services. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(21.000) 
($1,041,182) 
$1,041,182 
$0 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Substance Abuse and Office of Adult Mental Health Services. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Community Medicaid 0732 
2011-12 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(4.000) 
($216,208) 
($216,208) 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Office of l\dvocacy - BDS 0632 
2011-12 
$0 
$0 
2012-13 
$614,409 
$614,409 
Initiative: Eliminates one Public Service Manager II position and one part-time and 6 
full-time Advocate positions to reflect the elimination of the Office of Advocacy and 
increases the current All Other appropriation of $38,292 by $291,763 in order to provide 
$330,055 for a contract for advocacy services. This request will reduce General Fund 
undedicated revenue by $140,259. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse 0679 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(7.500) 
($419,384) 
$291,763 
($127,621) 
Initiative: Provides' for the restructuring of the Department of Health and Human 
Services, Office of Substance Abuse and Office of Adult Mental Health Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
FEDERAL BLOCK GRANT FUND 
Personal Services 
FEDERAL BLOCK GRANT FUND TOTAL 
Office of Substance Abuse - Medicaid Seed 0844 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$15,000 
$15,000 
2012-13 
$5,907 
$5,907 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT"B" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse - Medicaid Seed 0844 
2011-12 
$0 
$0 
2012-13 
$53,748 
$53,748 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Riverview Psychiatric Center 0105 
2011-12 
$0 
$0 
2012-13 
$869,928 
$869,928 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Traumatic Brain Injury Seed Z042 
2011-12 
$0 
$0 
$0 
2012-13 
($111,280) 
($40,232) 
($151,512) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BDS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$1,669 
$1,669 
2012-13 
$20,721,109 
$17,976 
($225,212) 
$5,907 
COMMITIEE AMENDMENT "Bn to S.P. 600, L.D. 1746 
DEPARTMENTTOTAL-ALLFUNDS 
$0 
$20,519,780 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Bureau of Child and Family Services - Central 0307 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Child and Family Services - Regional 0452 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
35.000 
$774,988 
$1,151,783 
$1,926,771 
2012-13 
(27.000) 
($1,727,713) 
($2,656,179) 
($4,383,892) 
2012-13 
$1,479,798 
($2,668,528) 
($1,188,730) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATIVE COUNT 
0.000 
16.000 
Personal Services 
$0 
($6,230,149) 
All Other 
$0 
$432,191 
GENERAL FUND TOTAL 
$0 
($5,797,958) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Medical Services 0129 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
($21,372) 
($21,372) 
2012-13 
$7,322,251 
$975,406 
$8,297,657 
Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund 
and 50% Federal Expenditures Fund in the Bureau of Medical Services. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Food Program 0454 
2011-12 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
$83,362 
$5,000 
$88,362 
2012-13 
2.000 
$83,362 
$6,341 
$89,703 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Services 0563 
2011-12 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(2.000) 
($82,533) 
($327) 
($82,860) 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
FEDERAL BLOCK GRANT FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
Child Support 0100 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
7.000 
($140,825) 
$41,647 
($99,178) 
Initiative: Establishes 8 Human Services Support Enforcement Agent positions funded 
34% General Fund and 66% Federal Expenditures Fund in the Child Support program. 
The General Fund portion of the positions is funded by the additional undedicated 
revenue generated by these additional positions. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Departmentwide 0019 
2011-12 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
$174,240 
$15,000 
$189,240 
2012-13 
8.000 
$338,240 
$30,667 
$368,907 
Initiative: Reduces funding from salary savings. Notwithstanding any other provision of 
law, the State Budget Officer shall calculate the amount of savings in this Part that 
applies to each General Fund account in the Department of Health and Human Services 
and shall transfer the amounts by financial order upon the approval of the Governor. 
These transfers are considered adjustments to appropriations in fiscal year 2012-13. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
FHM - Medical Care 0960 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
($1,000,000) 
($1,000,000) 
COMMITfEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
Initiative: Provides funding for general assistance benefits. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
2012-13 
$113,010 
$113,010 
2012-13 
$4,297,699 
$4,297,699 
Initiative: Provides funding in the General Assistance - Reimbursement to Cities and 
Towns program to bring allocations into line with anticipated resources. 
.1-8 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
2012-13 
$449,846 
$449,846 
Initiative: Allocates funds for 7 limited-period Family Independence Specialist positions 
in the general assistance program and for other costs of the pilot program to maximize 
and expedite the award of federal Supplemental Security Income program benefits for 
recipients of general assistance and to identify and assist veterans who receive assistance 
through programs administered by the Office for Family Independence who may be 
eligible for federal Department of Veterans Affairs cash or medical assistance to access 
those benefits. These positions are established through June 15, 2014. This initiative is 
estimated to generate $1,057,903 in 2012-13 in additional dedicated revenue for the 
general assistance program. Any dedicated revenue in addition to this estimated level 
must be used to offset the savings target of the general assistance working group 
established in this Act. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$469,104 
$976,874 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
OTHER SPECIAL REVENUE FUNDS TOTAL 
IV-E Foster Care/Adoption Assistance 0137 
$0 
$1,445,978 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
IV-E Foster Care/Adoption Assistance 0137 
2011-12 
$0 
$0 
2012-13 
$13,579 
$13,579 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
$1,418,655 
$1,418,655 
2011-12 
2012-13 
$0 ($15,143,042) 
$0 ($15,143,042) 
2011-12 
$0 
$0 
2012-13 
($72,393) 
($72,393) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
2011-12 
$0 
COMMITTEE AMENDMENT 
2012-13 
$6,997,873 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
$0 
$6,997,873 
2011-12 
2012-13 
$0 ($10,382,324) 
$0 ($10,382,324) 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
2012-13 
$0 
$32,808,234 
$0 
$32,808,234 
2011-12 
2012-13 
$0 $124,626,202 
$0 $124,626,202 
Initiative: Provides funding to offset the reduction made in PL 2011, c. 380, Part A that 
proposed to reduce reimbursement for outpatient substance abuse and mental health 
services to the MaineCare Benefits Manual, Chapter II, Section 65 rates. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$1,000,000 
$1,000,000 
2012-13 
$1,722,570 
$1,722,570 
Initiative: Reduces funding by requiring hospital-based primary care practices that also 
provide mental health services to participate in the Maine Health Access Foundation's 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
integrated care initiative for outpatient mental health and primary care services effective 
July 1,2012. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($1,500,000) 
($1,500,000) 
2012-13 
($2,583,855) 
($2,583,855) 
Initiative: Reduces funding from savings from implementing the recommendations of the 
MaineCare Restructuring Task Force established in this Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
2012-13 
$0 ($10,000,000) 
$0 ($10,000,000) 
2011-12 
2012-13 
$0 ($17,225,701) 
$0 ($17,225,701) 
Initiative: Adjusts funds as a result of savings from the MaineCare provider fraud 
investigation and recovery initiative required in this Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
($5,500,000) 
($5,500,000) 
COMMITIEE AMENDMENT "S" to S.P. 600, L.D. 1746 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
MRIElderly PNMI Room and Board Z009 
2011-12 
$0 
$0 
2012-13 
$5,500,000 
$5,500,000 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Nursing Facilities 0148 
2011-12 
$0 
$0 
2012-13 
$8,210,778 
$8,210,778 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Nursing Facilities 0148 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$1,538,014 
$1,538,014 
2012-13 
($1,538,014) 
($1,538,014) 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$7,036,142 
$7,036,142 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Office of Elder Services Adult Protective Services Z040 
2011-12 
$0 
$0 
2012-13 
$11,852,830 
$11,852,830 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Purchased Social Services 0228 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
3.000 
$320,194 
$15,000 
$335,194 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
State-funded Foster Care/Adoption Assistance 0139 
2011-12 
$0 
$0 
2012-13 
$12,410 
$12,410 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
Personal Services 
All Other 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(14.000) 
($1,173,774) 
$3,276,335 
$2,102,561 
2012-13 
$19,803 
$386,872 
COMMITIEE AMENDMENT "B" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
SECTION TOTAL - ALL FUNDS 
PART B 
$0 
2011-12 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
$406,675 
2012-13 
$205,995 
($5,652,788) 
($5,446,793) 
2012-13 
$44,177,554 
$87,705,827 
$113,010 
$8,985,565 
($99,178) 
$140,882,778 
2012-13 
$65,670,975 
$87,705,827 
$130,986 
$8,760,353 
($93,271) 
$0 $162,174,870 
Sec. B-1. Transfer from available fiscal year 2012-13 Administrative 
Services - Professional and Financial Regulation, Other Special Revenue 
Funds balance to General Fund - Professional and Financial Regulation. 
Notwithstanding any other provision of law, at the close of fiscal year 2012-13, the State 
Controller shall transfer $1,500,000 from the available balance in the Administrative 
Services - Professional and Financial Regulation program, Other Special Revenue Funds 
account within the Department of Professional and Financial Regulation to the General 
Fund unappropriated surplus. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
PARTC 
Sec. C-l. 5 MRSA §1511, as amended by PL 2005, c. 519, Pt. VV, §2, is further 
amended to read: 
§ 1511. Loan Insurance Reserve 
The State Controller may, at the close of each fiscal year, as the next priority after the 
transfers authorized pursuant to section 1507, transfer from the Unappropriated Surplus 
of the General Fund to the Loan Insurance Reserve amounts as may be available from 
time to time, up to an amount of $1,000,000 per year after the transfers have been made 
pursuant to section 1507. The balance of this reserve must be paid to the Finance 
Authority of Maine if such payment does not cause the balance in the reserve fund 
maintained by the authority, when added to amounts held in the Finance Authority of 
Maine Mortgage Insurance Fund that are not committed or encumbered for another 
purpose, to exceed $35,QQQ,QQQ $40,000,000. 
Any balance in the Loan Insurance 
Reserve is appropriated for this purpose. 
Sec. C-2. PL 2011, c. 477, Pt. V, §l, as amended by PL 2011, c. 575, Pt. B, § 1, 
is further amended to read: 
Sec. V-I. 
Payments to State from Loan Insurance Reserve Fund. 
Notwithstanding any other provision of law, the Finance Authority of Maine shall 
transfer $2,000,000 from the Loan Insurance Reserve Fund to the State as undedicated 
General Fund revenue no later than June 30, 2012 and an additional $l,QOO,OOO 
$3,000,000 from the Loan Insurance Reserve Fund to the State as undedicated General 
Fund revenue no later than June 30, 2013. 
PARTD 
Sec. D-l. 
Transfer from unappropriated surplus; Maine Budget 
Stabilization Fund. Notwithstanding any other provision of law, the State Controller 
shall transfer $5,000,000 during fiscal year 2012-13 from the General Fund 
unappropriated surplus to the Maine Budget Stabilization Fund within the Department of 
Administrative and Financial Services. 
PARTE 
Sec. E-l. Transfer; unexpended funds; Ground Water Oil Clean-up 
Fund account. Notwithstanding any other provision of law, the State Controller shall 
transfer $500,000 in unexpended funds from the Ground Water Oil Clean-up Fund, Other 
Special Revenue Funds account in the Department of Environmental Protection to 
General Fund unappropriated surplus at the close of fiscal year 2012-13. 
PARTF 
Sec. F-l. MaineCare provider fraud investigation plan. The Department of 
Health and Human Services shall develop a comprehensive plan to investigate MaineCare 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
provider fraud, including pharmacy fraud. 
The plan must include the time line for 
investigation, the scope of the investigation and the means that the department will use to 
uncover fraud. By November 1,2012, the plan must be submitted to the Joint Standing 
Committee on Appropriations and Financial Affairs and the Joint Standing Committee on 
Health and Human Services, referred to in this section as "the committees." 
1. 
Legislative review of plan. Following receipt and review of the plan, the 
committees shall provide the Commissioner of Health and Human Services with their 
evaluation of the plan and any recommended changes to the plan by December 1,2012. 
2. Implementation of plan. Upon receipt of the evaluation from the committees, 
the Department of Health and Human Services shall review any changes recommended 
by the committees and implement the plan in order to achieve the greatest possible 
savings. At a minimum, the department shall establish a target of $5,500,000 in General 
Fund savings in fiscal year 2012-13. 
3. Monthly progress reports. The Commissioner of Health and Human Services 
shall provide the committees with monthly reports showing the progress of the 
MaineCare provider fraud investigation and the amount of funds recovered. 
4. 
Recovered funds from fraud investigation. 
The state share of revenue 
recovered from the MaineCare provider fraud investigation must be credited to the 
Medical Care - Payments to Providers program, Other Special Revenue Funds account to 
be used to offset the General Fund costs of the MaineCare program. 
PART G 
Sec. G-l. 36 MRSA c. 914-D is enacted to read: 
CHAPTER 914-D 
2012 MAINE USE TAX COMPLIANCE PROGRAM 
§6611. Program established 
The 2012 Maine Use Tax Compliance Program, referred to in this chapter as "the 
program," is established to encourage delinquent taxpayers to comply with the provisions 
of chapter 215 to enable the State Tax Assessor to identify and collect previously 
unreported use tax and to improve compliance with the State's use tax laws. The program 
applies to use tax liabilities incurred by a person prior to January 1. 2012. 
§6612. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Lookback period. "Lookback period" means the period from January 1, 2006 to 
December 31, 2011. 
2. Program period. "Program period" means the period from September 1, 2012 to 
November 30. 2012. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
§6613. Administration; conditions for participation 
The State Tax Assessor shall administer the program. Participation in the program is 
conditioned upon each participating taxpayer's agreement to forgo the right to protest or 
pursue an administrative or judicial proceeding with regard to use taxes paid under the 
program. A participating taxpayer who timely submits the special use tax return as 
required by subsection 2 with no material misrepresentations or material omissions and 
who timely makes the use tax payment or payments required by subsection 3 is absolved 
from further liability for use taxes incurred prior to January 1, 2012 and is also absolved 
from liability for criminal prosecution and civil penalties related to those taxes. The 
following conditions apply to the program. 
1. Limited to unknown liabilities. The program is limited to unknown liabilities 
only. For purposes of this subsection, "unknown liability" means a use tax liability that 
has not been assessed at the time the special use tax return described in section 6614 is 
received by the assessor. 
2. Return filed and tax liability reported. A participating taxpayer shall properly 
complete and file with the assessor. before the end of the program period, a special use 
tax return as described in section 6614 reporting all previously unreported and unpaid 
3. Tax paid; 3 high years. A participating taxpayer shall pay in full, by the end of 
the program period. the use tax liability incurred by the taxpayer during the 3 calendar 
years of the lookback period with the highest use tax liability as reported on the special 
use tax return described in section 6614. A participating taxpayer shall agree to forgo the 
right to seek a refund of, or file a petition for reconsideration with respect to, the tax paid 
with the return. 
§6614. Program return 
The State Tax Assessor shall prepare and make available special use tax returns for 
taxpayers who wish to participate in the program. The return must be signed by the 
taxpayer under penalty of perjury. 
The return and associated program guidelines 
prepared by the assessor are not rules within the meaning of that term in the Maine 
Administrative Procedure Act. The assessor shall deny any special use tax return that is 
inconsistent with the provisions of this chapter or that is filed after the conclusion of the 
program period. 
§6615. Undisclosed and future use tax liabilities; other settlements 
This chapter may not be construed to prohibit the State Tax Assessor from instituting 
civil or criminal proceedings, including but not limited to an audit, against any taxpayer 
with respect to any amount of use tax incurred during or after the lookback period that is 
not disclosed on either the special use tax return filed by the taxpayer in connection with 
the program or another return filed by the taxpayer with the assessor. This chapter may 
not be construed to limit a taxpayer's right to protest or pursue an administrative or 
judicial proceeding with regard to an assessment of such undisclosed taxes. 
Notwithstanding any other provision of law, the assessor may, prior to September 1, 
2012, compromise an unknown use tax liability on terms substantially equal to the terms 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
set forth in this chapter, and in such a case, the taxpayer is absolved from liability for 
criminal prosecution and civil penalties related to those taxes. 
UHH 
Sec. H-l. 22 MRSA §1714-D is enacted to read: 
§1714-D. Critical access hospital reimbursement 
Beginning April 1, 2012, the department shall reimburse licensed critical access 
hospitals at 109% of MaineCare allowable costs for both inpatient and outpatient services 
provided to patients covered by the MaineCare program. Of the total allocated from 
hospital tax revenues under Title 36, chapter 375, $1,000,000 in state and federal funds 
must be distributed annually among critical access hospitals for staff enhancement 
payments. 
Sec. H-2. 22 MRSA §3174-NN, as enacted by PL 2009, c. 213, Pt. CC, §5, is 
repealed. 
Sec. H-3. 22 MRSA §3174-00, as enacted by PL 2009, c. 213, Pt. CC, §6, is 
repealed. 
Sec. H-4. Rules for hospital reimbursement. By September 1, 2012, the 
Department of Health and Human Services shall adopt rules to implement hospital 
reimbursement under this Part. Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A. 
Sec. H-S. Retroactivity. This Part applies retroactively to April 1, 2012. 
PART I 
Sec. 1-1. 22 MRSA §3174-TT, as enacted by PL 2011, c. 477, Pt. 0, §1, is 
repealed. 
Sec.I-2. 22 MRSA §3174-UU is enacted to read: 
§3174-UU. Reimbursement for opioid drugs for the treatment of pain 
This section applies to reimbursement under the MaineCare program for opioid drugs 
for the treatment of pain. 
1. Treatment of a new onset of acute pain. The department shall establish limits 
for MaineCare reimbursement of opioid drugs that are prescribed as medically necessary 
in response to a new onset of acute pain. The limits established may not exceed 45 days 
per year without prior authorization. In order to qualify for reimbursement under this 
subsection, a prescription may not provide for more than 15 days of medication and 
requires a face-to-face visit between the prescriber and the MaineCare member. 
Notwithstanding the provisions of this subsection, the department shall limit to a period 
of 60 days following the surgical procedure MaineCare reimbursement for opioid drugs 
prescribed following a surgical procedure for which the medical standard of care includes 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
the use of opioids. A MaineCare member who suffers from intractable pain and for 
whom opioid drugs are medically necessary beyond the limits set by this subsection may 
qualify for opioid drugs under subsection 2 as treatment for long-term chronic pain. 
2. Treatment of long-term chronic pain. Reimbursement for opioid drugs beyond 
the limit set in subsection 1 is allowed by prior authorization if the MaineCare member 
participates in one or more alternative intervention treatments established by the 
department through rulemaking. 
In order to qualify for reimbursement for opioid drugs under this subsection, the 
MaineCare member must: 
A. 
Have failed to have an adequate response to the prescribed alternative 
intervention treatment; 
B. Have completed the prescribed alternative intervention treatment in accordance 
with the guidelines and show signs of regression; or 
C. Have completed at least 50% of the prescribed alternative intervention treatment 
under this subsection, after which the prescriber recommends that adequate control of 
pain will not be obtained under the alternative intervention treatment. 
The department shall limit reimbursement for opioids for a MaineCare member who fails 
to have an adequate response to the prescribed alternative intervention treatment, subject 
to exception based on medical necessity. The department may include in rulemaking the 
establishment of a daily dosing limit, subject to exception. 
The department may waive the requirement of an alternative intervention treatment 
through prior authorization when participation is not feasible and opioid treatment is 
medically necessary. 
The department may allow a MaineCare member who is participating in a course of 
treatment recommended by a prescriber, including alternatives, in accordance with rules 
adopted by the department to obtain a prior authorization for physical therapy in excess of 
visits to a maximum of 6 visits. 
3. Second opinion. In order for a prescription to qualify for reimbursement under 
this section, prior to prescribing an opioid drug for a MaineCare member who suffers 
from one of the medical diagnoses known typically to have a poor response to opioid 
drugs, a prescriber shall obtain an evaluation from a prescriber from outside the practice 
of the prescriber. 
4. Current use. The department shall delay until January 1, 2013 the application of 
this section to the reimbursement for opioid drugs for MaineCare members who have 
been receiving such treatment consistently for 6 months or longer on the effective date of 
this section. The department may require the development of a protocol for proper, safe 
and effective tapering from opioid use when appropriate and may adopt exceptions to the 
requirements of this section based on diagnosis or condition or on the basis of daily 
doses. 
5. Collaboration. The department shall seek input from pain specialists, addiction 
medicine specialists and members of the department's physician advisory committee in 
the development of rules governing this section. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
I 
6. Morphine equivalent dose. The department may establish and utilize a total 
daily morphine equivalent dose calculation when developing rules to implement this 
section. 
7. Exceptions. This section does not apply to reimbursement for opioid drugs for 
the following MaineCare members as specified in rules adopted by the department: 
A. A MaineCare member who is receiving opioid drugs for symptoms related to 
HIV, AIDS, cancer and certain other qualifying diseases and conditions, as 
established by department rule: 
B. A MaineCare member who is receiving opioid drugs during inpatient treatment in 
a hospital or during hospice care; 
C. A MaineCare member who is receiving opioid drugs at certain qualifying low 
doses, as established by department rule; and 
D. A MaineCare member for whom MaineCare reimbursement for opioid drugs for 
the treatment of addiction is restricted by limits applicable to methadone and 
buprenorphine and naloxone combination drugs. 
8. Rules. The department shall adopt rules to implement this section. Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375. 
subchapter 2-A. 
Sec. 1-3. 22 MRSA §7250, sub-§4, ~G, as amended by PL 2011, c. 218, §2, is 
further amended to read: 
G. The office that administers the MaineCare program pursuant to chapter 855 for 
the purposes of managing the care of its members, monitoring the purchase of 
controlled substances by its members 
ftRd~ avoiding duplicate dispensing of 
controlled substances and providing treatment pattern data under subsection 6; and 
Sec. 1-4. 22 MRSA §7250, sub-§6 is enacted to read: 
6. Treatment pattern data. The department may provide to a prescriber who treats 
a member under the MaineCare program prescription monitoring infonnation on the 
prescriber and other prescribers that indicates treatment patterns in comparison among 
peers. If the department has shared with a prescriber treatment pattern data under this 
subsection, the department shall allow the prescriber time to align the prescriber's 
prescribing patterns with the patterns of the peers of the prescriber. The department may 
take appropriate actions with regard to a prescriber who is unable to achieve treatment 
pattern alignment as provided in this subsection. 
PART J 
Sec. 
J-1. 
MaineCare 
Restructuring 
Task 
Force 
established. 
Notwithstanding loint Rule 353, the MaineCare Restructuring Task Force, referred to in 
this Part as "the task force," is established to redesign and restructure the MaineCare 
program to make it a more efficient and effective health care program that meets the 
needs of the State's most vulnerable populations and promotes a healthy workforce. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
1. Findings. When conducting its work, the task force shall recognize that the 
Legislature finds that: 
A. The cost of health care has dramatically increased in recent years in the State and 
throughout the nation; 
B. Cost containment is essential in the MaineCare program not only for the State to 
continue to provide health care assistance for the State's most vulnerable populations, 
but also to ensure a healthy workforce to enable the State's economy to grow; 
C. Removing populations from MaineCare coverage who are unable to pay for their 
own health care increases uncompensated care costs for hospitals and health 
insurance premiums and places an additional burden on property taxpayers to the 
extent that health care costs are paid under general assistance programs; and 
D. Health care is a basic need that should be supported for vulnerable populations. 
Better managing the care and cost of care of Maine Care recipients will allow both the 
State and MaineCare recipients to benefit substantially. 
Sec. J-2. Appointments of members. The task force consists of 19 members, 
who must be appointed as follows within 20 days after the effective date of this Part. 
I. Governor. The Governor shall appoint 4 members: 
A. A representative of the Department of Health and Human Services; and 
B. From a list of names provided by the Maine State Chamber of Commerce, 2 
individuals representing small businesses and one individual representing health 
insurers. 
2. President of the Senate. The President of the Senate shall appoint 3 members: 
A. A hospital administrator; 
B. A nursing home administrator; and 
C. A pharmacist. 
3. 
Speaker of the House of Representatives. 
The Speaker of the House of 
Representatives shall appoint 4 members: 
A. A physician; 
B. A home health care provider; and 
C. Two members of the public. 
4. Senate minority leader. The leader of the party having the 2nd largest number of 
members in the Senate shall appoint 4 members: 
A. An individual representing persons over 60 years of age from a list of candidates 
provided by an organization representing retired individuals; and 
B. 
Three representatives of agencies that advocate for health care consumers, 
including one representative of an agency that advocates for children and families. 
5. House minority leader. The leader of the party having the 2nd largest number of 
members in the House of Representatives shall appoint 4 members: 
A. A provider of substance abuse services; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "8" to S.P. 600, L.D. 1746 
B. A provider of mental health services; and 
C. Two recipients of Maine Care services. 
Sec. J-3. Convening; selection of officers. The task force must be convened by 
the Executive Director of the Legislative Council. The task force shall elect a chair and a 
vice-chair from among its members. 
Sec. J-4. Responsibilities. The responsibilities of the task force include the 
following. 
1. Restructuring. The task force shall: 
A. Identify strategies for MaineCare cost containment and cost reduction, including 
managed care; 
B. Recommend a plan for implementation of best health care practices and effective 
treatments; 
C. Analyze the potential for elimination of duplication and inefficiencies in the 
MaineCare program and the implementation of successful practices and programs 
implemented in other states; 
D. Identify methods to reduce substantially the costs of services to those MaineCare 
recipients whose consumption of Maine Care services is the most costly; 
E. Develop strategies to reduce MaineCare administrative costs; 
F. Identify cost-effective options, including smoking cessation and substance abuse 
services, for treatment of MaineCare recipients with high-risk behaviors that lead to 
expensive health care needs; and 
G. 
Recommend any other measures that are estimated to reduce costs in the 
MaineCare program without jeopardizing jobs or services to MaineCare recipients. 
2. Effect on recipients. The task force shall indicate in its analysis the extent to 
which any of the options it identifies under this section are anticipated to result in 
denying MaineCare services to individuals for whom alternative health care services are 
unavailable at a cost to the individual that does not exceed the individual's current cost 
under the MaineCare program. 
Sec. J-S. Target of savings. The task force shall establish a minimum target of 
General Fund savings of$10,000,000 in fiscal year 2012-13. 
Sec. J-6. Report. The task force shall report its findings and recommendations, 
including any recommended implementing legislation, to the joint standing committee of 
the Legislature having jurisdiction over appropriations and financial affairs and to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters no later than November 20,2012. Following receipt and review of the 
report, the joint standing committees may jointly report out a bill to the 126th Legislature 
to implement their recommendations: 
Sec. J-7. Staffing. Upon approval of the Legislative Council, the Office of Fiscal 
and Program Review and the Office of Policy and Legal Analysis shall provide staff 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "B" to S.P. 600, L.D. 1746 
assistance to the task force. The Department of Health and Human Services shall provide 
information to the task force as requested by the task force chair, vice-chair and members. 
Sec. J-S. Budget. The chair and vice-chair of the task force, with the assistance of 
the task force staff, shall administer the task force's budget. Within 10 days after its first 
meeting, the task force shall present a work plan and proposed budget to the Legislative 
Council for its approval. The task force may not incur expenses that would result in the 
task force's exceeding its budget. Upon request from the task force, the Executive 
Director of the Legislative Council shall promptly provide the task force chair, vice-chair 
and staff with a status report on the task force budget, expenditures incurred and paid and 
available funds. 
Sec. J-9. Expenses. Members of the task force are not eligible to be reimbursed 
for expenses for their attendance at meetings of the task force. 
PARTK 
Sec. K-l. 7-A MRSA is enacted to read: 
TITLE 7-A 
AGRICULTURE, CONSERVATION AND FORESTRY 
SUBTITLE 1 
DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY 
CHAPTER 1 
DEPARTMENTAL ORGANIZATION AND OPERATION 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§101. Definitions 
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. 
Commissioner. 
"Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry. 
2. Department. "Department" means the Department of Agriculture, Conservation 
and Forestry. 
3. Seal. The department has an official seal, which must be judicially noticed. 
SUBCHAPTER 2 
ORGANIZATION 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "S" to S.P. 600, L.D. 1746 
§201. Department 
1. Establishment. The Department of Agriculture, Conservation and Forestry is 
established as a cabinet-level department. 
2. Divisions. The department consists of the divisions necessary to carry out the 
work of the department. 
§202. Mission; guiding principles 
1. Mission. The mission of the department is to serve as the steward of Maine's 
agricultural, forestry, water and land resources for the State. 
2. 
Guiding principles. 
The following principles are adopted to guide the 
department in the performance of its duties: 
A. Forestry, farming, conservation, public lands and other natural resource-based 
economic activity are important to the State's economy and quality of life; and 
B. Strengthening farming, forestry, conservation, recreation, state parks, public lands 
and public access to the State's natural resources is vital to enhancing the State's 
natural resources economy. 
§203. Commissioner 
The department is under the control and supervlSlon of the Commissioner of 
Agriculture, Conservation and Forestry, 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 agriCUlture, 
conservation and forestry matters and confirmation by the Senate. The commissioner 
serves at the pleasure of the Governor. 
2. Deputies; staff. The commissioner shall appoint 2 deputy commissioners, one of 
whom assists the commissioner with operations and administration of the department and 
one of whom assists the commissioner with agriculture, forestry and natural resources-
based economic development. 
3. Vacancy; commissioner. A vacancy in the office of the commissioner must be 
filled as follows. 
A. A vacancy in the commissioner's position must be filled in accordance with Title 
5, section 1. 
B. The commissioner shall 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. 
§204. Powers and duties of commissioner 
The commissioner has all of the powers and duties necessary to carry out the mission 
and responsibilities of the department. The commissioner has the power to distribute the 
functions and duties given to the commissioner under this Title, Title 7 and Title 12 
among the various divisions of the department so as to integrate the work properly and to 
promote the most economical and efficient administration of the department. Powers and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
duties given to the commissioner or the department in this Title, Title 7 or Title 12 must 
be assumed and carried out by the divisions that the commissioner designates and may in 
tum be delegated to subordinates by division directors with the approval of the 
commissioner. 
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. Rulemaking. 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. 
3. Employees. The commissioner may employ personnel as necessary to carry out 
the work of the department. Except as otherwise provided by law, all personnel of the 
department are under the immediate supervision, direction and control of the 
commissioner. Department personnel are subject to the Civil Service Law, except for 
positions subject to appointment by the commissioner under subsection 4 and as 
otherwise specified. 
4. 
Appointments. 
The deputy commissioners and division directors of the 
department are appointed by the· commissioner and serve at the pleasure of the 
commissioner, except as otherwise provided by law. Deputy commissioners and division 
directors appointed pursuant to this Title must have educational qualifications and 
professional experience directly related to the functions of and services provided by the 
relevant unit or division. 
§205. Department organization; divisions 
The department is composed of the following divisions, each of which is under the 
direction and supervision of a director: 
1. Division of Agricultural Resource Development. The Division of Agricultural 
Resource Development, whose director must be qualified by training, experience and 
skill in agricultural management; 
2. Division of Forestry. The Division of Forestry, also known as the Maine Forest 
Service, whose director must be qualified by training, experience and skill in forestry: 
3. Division of Parks and Public Lands. The Division of Parks and Public Lands, 
whose director must be qualified by training, experience and skill in parks, public lands, 
outdoor recreation or natural resource management. The commissioner shall appoint a 
deputy director to assist the director. The deputy director serves at the pleasure of the 
commissioner: 
4. 
Division of Quality Assurance and Regulation. 
The Division of Quality 
Assurance and Regulation, whose director must be qualified by training, experience and 
skill in food quality and regulatory inspections; 
5. Division of Animal and Plant Health. The Division of Animal and Plant Health, 
whose director must be qualified by training. experience and skill in scientific crop and 
animal production: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
6. Division of Geology and Natural Areas. The Division of Geology and Natural 
Areas, whose director must be qualified by training, experience and skill in geology, 
natural areas or applied natural sciences; and 
7. Division of Land Use Planning. Permitting and Compliance. The Division of 
Land Use Planning, Permitting and Compliance, whose director must be qualified by 
experience in planning and administration. The director provides the principal 
administrative, operational and executive support to the Maine Land Use Regulation 
Commission. The director is subject to appointment and removal by the commissioner, 
with the consent of a majority of members of the Maine Land Use Regulation 
Commission. 
Sec. K-2. 
Legislative intent; contingent repeal. It is the intent of the 
Legislature that a bill submitted pursuant to Part L, section 4 that consolidates the Maine 
Revised Statutes, Title 7 and portions of Title 12 into Title 7-A be enacted into law by the 
126th Legislature. If a bill submitted pursuant to Part L, section 4 has not been enacted 
into law by December 3,2014, Title 7-A is repealed on that date. 
Sec. K-3. Contingent revision clause. This section takes effect if the Maine 
Revised Statutes, Title 7 -A is repealed pursuant to section 2. 
1. Wherever in the Maine Revised Statutes, Title 7, the words "Department of 
Agriculture, Conservation and Forestry" appear or reference is made to that department, 
they are amended to read or mean, as appropriate, "Department of Agriculture, Food and 
Rural Resources." The Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
2. Wherever in the Maine Revised Statutes, Title 12, the words "Department of 
Agriculture, Conservation and Forestry" appear or reference is made to that department, 
they are amended to read or mean, as appropriate, "Department of Conservation." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
3. Wherever in the Maine Revised Statutes, Title 7, the words "Commissioner of 
Agriculture, Conservation and Forestry" appear or reference is made to that position, they 
are amended to read or mean, as appropriate, "Commissioner of Agriculture, Food and 
Rural Resources." The Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
4. Wherever in the Maine Revised Statutes, Title 12, the words "Commissioner of 
Agriculture, Conservation and Forestry" appear or reference is made to that position, they 
are amended to read or mean, as appropriate, "Commissioner of Conservation." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
7 
republishing the statutes. 
PART L 
Sec. L-l. Transition. Notwithstanding the Maine Revised Statutes, Title 7 and 
Title 12, the following provisions apply to the reassignment of the duties and 
responsibilities of the Department of Agriculture, Food and Rural Resources and the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Department of Conservation to the Department of Agriculture, Conservation and 
Forestry. 
1. The Department of Agriculture, Food and Rural Resources and the Department of 
Conservation as heretofore created and established by law are incorporated into the 
Department of Agriculture, Conservation and Forestry. All references to, responsibilities 
of and authority conferred upon the Department of Agriculture, Food and Rural 
Resources and the Department of Conservation, and those departments' predecessors, 
throughout the Maine Revised Statutes are deemed to refer to and vest in the Department 
of Agriculture, Conservation and Forestry created by this Act, as the successor 
department. The Department of Agriculture, Conservation and Forestry is the successor 
in every way to the powers, duties and functions as assigned in the Maine Revised 
Statutes, Title 7 to the Department of Agriculture, Food and Rural Resources and Title 12 
to the Department of Conservation, as they pertain to services provided in agriculture, 
conservation and forestry under this Act. 
2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued 
expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues 
and other available funds in an account or subdivision of an account of the Department of 
Agriculture, Food and Rural Resources and the Department of Conservation that pertain 
to the duties of the Department of Agriculture, Conservation and Forestry as set forth in 
this Act must be transferred to the proper accounts of the Department of Agriculture, 
Conservation and Forestry by the State Controller or by financial order upon the request 
of the State Budget Officer and with the approval of the Governor. 
3. All rules of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation, as they pertain to the duties of the Department of 
Agriculture, Conservation and Forestry as set forth in this Act, that are in effect on the 
effective date of this Act remain in effect until rescinded, revised or amended. 
4. All contracts, agreements and compacts of the Department of Agriculture, Food 
and Rural Resources and the Department of Conservation, 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 Agriculture, Conservation and Forestry is the successor 
agency for all federal grants and programs administered by the United States Department 
of Agriculture and any other federal programs, grants and contracts. 
5. All records of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation, as they pertain to the duties set forth in this Act, must be 
transferred to the Department of Agriculture, Conservation and Forestry as necessary to 
implement this Act. 
6. All property and equipment of any bureau, division or program of the Department 
of Agriculture, Food and Rural Resources and the Department of Conservation pertaining 
to the duties set forth in this Act are transferred to the Department of Agriculture, 
Conservation and Forestry as necessary to implement this Act. 
7. Notwithstanding the Maine Revised Statutes, Title 7-A, section 203 or any other 
provision oflaw, upon the effective date of this Act, the individual holding the position of 
Commissioner of Agriculture, Food and Rural Resources becomes the Commissioner of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Agriculture, Conservation and Forestry without the need of appointment or confirmation. 
The Commissioner of Agriculture, Conservation and Forestry shall assume and is vested 
with all of the duties and powers of that office, as well as the duties and powers of the 
office of the Commissioner of Agriculture, Food and Rural Resources and the office of 
the Commissioner of Conservation. This provision is intended to change the procedure 
for appointment and confirmation of the first Commissioner of Agriculture, Conservation 
and Forestry. 
8. Employees of the Department of Agriculture, Conservation and Forestry who were 
employees of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation immediately prior to the effective date of this Act retain all 
II 
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. 
Sec. L-2. Conflicts and inconsistencies. If the Commissioner of Agriculture, 
Conservation and Forestry finds a conflict or inconsistency between provisions in the 
Maine Revised Statutes, Title 7 and Title 12 or 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 as authorized under Title 7 -A, section 
204, subsection 2. 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 
agriculture, conservation and forestry matters prior to adopting any emergency rule under 
this section. 
Sec. L-3. Interim meetings; authorized. The joint standing committee of the 
Legislature having jurisdiction over agriculture, conservation and forestry matters is 
authorized to meet up to 6 times during the 2012 legislative interim to hear and discuss 
reports regarding planning, program operation and implementation issues related to the 
establishment of the Department of Agriculture, Conservation and Forestry. At these 
meetings, the Commissioner of Agriculture, Conservation and Forestry shall brief the 
committee on program operation issues, progress, challenges and the timeline for 
implementation. The committee shall provide opportunities for stakeholders to 
c9mmunicate with the committee. 
Sec. L-4. Legislation; review. Following the development of a department 
budget pursuant to section 9, the Department of Agriculture, Conservation and Forestry 
shall review those provisions of the Maine Revised Statutes governing the Department of 
Agriculture, Conservation and Forestry, including but not limited to the Maine Revised 
Statutes, Titles 7, 7-A and 12. Based upon the review, the department, working with the 
joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters, shall develop and submit a bill for introduction to the 
126th Legislature to consolidate existing law into Title 7-A, to update Title 7-A and to 
correct any errors and inconsistencies in law that result from this Part. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. L-S. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Department of Agriculture, Food and Rural 
Resources" or "Department of Conservation" appear or reference is made to either or both 
of those departments with reference to the duties transferred to the Department of 
Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read 
or mean, as appropriate, "Department of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. L-6. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Commissioner of Agriculture, Food and Rural 
Resources" or "Commissioner of Conservation" appear or reference is made to either or 
both of these positions with reference to the duties transferred to the Commissioner of 
Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read 
or mean, as appropriate, "Commissioner of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. L-7. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Bureau of Forestry," "Bureau of Parks and Lands" 
or "Bureau of Geology and Natural Areas" appear or reference is made to any of these 
bureaus with reference to the duties transferred to the Department of Agriculture, 
Conservation and Forestry as set forth in this Act, they are amended to read or mean, as 
appropriate, "Division of Forestry," "Division of Parks and Public Lands," "Division of 
Geology and Natural Areas" or "the division." The Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
Sec. L-S. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Division of Forest Protection" appear or reference 
is made to the Division of Forest Protection, they are amended to read or mean "the forest 
protection unit within the Department of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. L-9. Budget. The Department of Administrative and Financial Services, 
Bureau of the Budget shall work with the employees of the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation with regard to the duties 
transferred to the Department of Agriculture, Conservation and Forestry as set forth in 
this Act to develop the budget for the Department of Agriculture, Conservation and 
Forestry in conjunction with the Natural Resources Service Center of the Department of 
Administrative and Financial Services. 
Sec. L-IO. Federal approval. If the Commissioner of Agriculture, Conservation 
and Forestry determines that federal approval will not be obtained for any part of this Part 
that requires federal approval, the commissioner shall notify the joint standing committee 
of the Legislature having jurisdiction over agriculture, conservation and forestry matters, 
the joint standing committee of the Legislature having jurisdiction over appropriations 
and financial affairs and the Executive Director of the Legislative Council. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. L-ll. Functions and duties; rules, guidelines, policies and manuals. 
Notwithstanding any provision of law to the contrary, the divisions established within the 
Department of Agriculture, Conservation and Forestry pursuant to the Maine Revised 
Statutes, Title 7-A, section 205 shall assume the functions and the duties of the bureaus, 
divisions and offices within the former Department of Agriculture, Food and Rural 
Resources and the former Department of Conservation in accordance with all rules, 
guidelines, policies, manuals and similar documents adopted by or distributed by either 
the former Department of Agriculture, Food and Rural Resources or the former 
Department of Conservation that are in effect on the effective date of this Act. These 
rules, guidelines, policies, manuals and similar documents remain in effect until 
rescinded, revised or amended, without regard to references therein to departmental 
offices, bureaus, divisions, units or employee titles or classifications that may no longer 
exist or that may be changed in the future. 
PARTM 
Sec. M-l. 5 MRSA §7-B, as amended by PL 2003, c. 688, Pt. A, §1, is further 
amended to read: 
§7-B. Use of state vehicles for commuting 
A state-owned or state-leased vehicle may not be used by any employee to commute 
between home and work, except for those vehicles authorized and assigned to employees 
of the Baxter State Park Authority and to law enforcement officials within the following 
organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of 
the State Fire Marshal; the division within the Department of Public Safety designated by 
the Commissioner of Public Safety to enforce the law relating to the manufacture, 
importation, storage, transportation and sale of all liquor and to administer those laws 
relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor 
Vehicles; Bureau of Marine Patrol; Bureau of Forestry, DivisioH of Forest ProteetioH the 
forest protection unit within the Division of Forestry; Bureau of Warden Service; and 
Bureau of Parks atld Latlds Division of Parks and Public Lands. 
Sec. M-2. 5 MRSA §1582, sub-§4, as amended by PL 2011, c. 1, Pt. S, §1, is 
further amended to read: 
4. Use of savings; personal services funds. Savings accrued from unused funding 
of employee benefits may not be used to increase services provided by employees. 
Accrued salary savings generated within an appropriation or allocation for Personal 
Services may be used for the payment of nonrecurring Personal Services costs only 
within the account where the savings exist. Accrued savings generated from vacant 
positions within a General Fund account's appropriation for Personal Services may be 
used to offset Personal Services shortfalls in other General Fund accounts that occur as a 
direct result of Personal Services appropriation reductions for projected vacancies, and 
accrued savings generated within a Highway Fund account's allocations for Personal 
Services may be used to offset Personal Services shortfalls in other Highway Fund 
accounts that occur as a direct result of Personal Services allocation reductions for 
projected vacancies; except that the transfer of such accrued savings is subject to review 
by the j oint standing committee of the Legislature having jurisdiction over appropriations 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
and financial affairs. 
Costs related to acting capacity appointments and emergency, 
unbudgeted overtime for which it is impractical to budget in advance may be used with 
the approval of the appointing authority. Other actions such as retroactive compensation 
for reclassifications or reallocations and retroactive or one-time settlements related to 
arbitrator or court decisions must be recommended by the department or agency head and 
approved by the State Budget Officer. Salary and employee benefits savings may not be 
used to fund recurring Personal Services actions either in the account where the savings 
exist or in another account. At the close of each fiscal year, except for the Diyisiofl of 
Forest Proteotiofl forest protection unit account within the Department of Agriculture, 
Conservation and Forestry, the ,Disproportionate Share - Riverview Psychiatric Center 
and the Disproportionate Share - Dorothea Dix Psychiatric Center accounts within the 
Department of Health and Human Services and the Education in the Unorganized 
Territory account within the Department of Education, any unexpended General Fund 
Personal Services appropriations to executive branch agencies including accounts that are 
authorized to carry unexpended balances forward must lapse to the Salary Plan program, 
General Fund account in the Department of Administrative and Financial Services. 
Sec. M-3. 5 MRSA §6204, sub-§I, as amended by PL 2011, c. 655, Pt. II, § 1, is 
further amended to read: 
1. Composition. The board consists of ++ 2 members, =!- Q who are private citizens 
and -4- J. who are permanent members. The permanent members are the Commissiofler 
of Conservation; the Commissioner of Inland Fisheries and Wildlife; the Commissioner 
of Marine Resources; and the Commissioner of Agriculture, Food Imd RlH'al Resourees 
Conservation and Forestry. 
Sec. M-4. 5 MRSA §6204, sub-§6, as amended by PL 2011, c. 655, Pt. II, §2, is 
further amended to read: 
6. Assistance. The Departmeftt of Conservation; the Department of Inland Fisheries 
and Wildlife; the Department of Transportation; the Department of Agriculture, Food aad 
Rl:1fal Resol:1foes Conservation and Forestry; and all other state agencies shall provide 
staff support and assistance considered necessary by the board to fulfill the objectives of 
this chapter. If agency assistance is not available, consultants may be hired from the 
proceeds of either the Land for Maine's Future Fund or the Public Access to Maine 
Waters Fund to assist the board in carrying out its responsibilities. 
Sec. M-5. 12 MRSA §8003, sub-§3,~, as amended by PL 1999, c. 155, Pt. A, 
§2, is further amended to read: 
M. Except for lands acquired under the authority of paragraph N, the director is 
authorized, with the consent of the commissioner, to sell, grant, lease, transfer or 
otherwise convey any real or personal property under the jurisdiction of the ~ 
division. The director shall deposit the proceeds from the sale or lease of property 
int9 the Diyision of Forest Proteetion AeeOl:lflt forest protection unit account. At least 
days prior to offering any surplus property for sale under this paragraph, the 
director shall notify the Executive Director of the Legislative Council and the joint 
standing committee of the Legislature having jurisdiction over forest resources of the 
director's intent to sell the property. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
Sec. M-6. 12 MRSA §8003, sub-§3, ~-1, as amended by PL 1999, c. 155, Pt. 
A, §3, is further amended to read: 
M-l. 
The proceeds under paragraph M may be used only to upgrade existing 
structures owned by the Division of Forest Protection forest protection unit within the 
division, to consolidate operations of the division unit through the improvement, 
repair, replacement, purchase or construction of structures and to purchase land upon 
which to build structures. Ownership of any land purchased under this paragraph or 
structures purchased or constructed under this paragraph must be held in the name of 
the division unit. Ownership of land or property purchased under this paragraph may 
also be held in the name of the Bureau of General Services when the diYclSion unit 
participates in the consolidation of facilities with other state agencies. Any purchase 
of land or a structure pursuant to this paragraph must be approved by the Director of 
the Bureau of General Services. 
Sec. M-7. 12 MRSA §8901, sub-§l, as amended byPL 1999, c. 155, Pt. A, §4, is 
further amended to read: 
1. Appointment. The Director of the Bureau Division of Forestry shall appoint 
forest rangers, subject to the Civil Service Law and the State Supervisor, Division of 
Forest Protection of the forest protection unit of the Division of Forestry. Rangers 
assigned to posts at Clayton Lake, St. Pamphile, Estcourt Station, Daaquam, Musquacook 
Lake, Snare Brook and Baker Lake must be bilingual in French and English. 
Sec. M-8. 38 MRS A §1871, sub-§I, as enacted by PL 2001, c. 434, Pt. B, §2 and 
amended by PL 2003, c. 689, Pt. B, §7, is further amended to read: 
1. Membership. The task force consists of ++ lQ members as follows: 
A. The following ~ 1: ex officio voting members: 
(1) The commissioner or the commissioner's designee, who serves as the chair of 
the task force; 
(2) The Commissioner of Inland Fisheries and Wildlife or the commissioner's 
designee; 
(3) The Commissioner of Health and Human Services or the commissioner's 
designee; and 
(4) The Commissioner of Agriculture, Food and Rural Resources Conservation 
and Forestry or the commissioner's designee; and 
(5) The Commissioner ofConservatioB or the cornmissioBer's desigaee; aBd 
B. Twelve members representing the public appointed by the Governor: 
(1) One representative of the State's lake associations; 
(2) One representative of a statewide recreational watercraft owners association; 
(3) One representative ofa statewide organization of marina owners; 
(4) One representative ofa lakes education program; 
COMMITTEE AMENDMENT 
COMMmEE AMENDMENT "B" to S.P. 600, L.D. 1746 
(5) One representative of public drinking water utilities; 
(6) One representative of commercial tree and garden nurseries; 
(7) One representative of home gardeners; 
(8) One representative of municipal government; 
(9) One representative of a statewide sporting association; 
(10) One representative of a statewide outdoor recreational group; 
(11) One person with demonstrated expertise in lake ecology; and 
(12) One public member who has demonstrated experience or interest in the area 
of threats to fish and wildlife posed by invasive aquatic plants and nuisance 
species. 
PARTN 
Sec. N-l. 2 MRSA §6, sub-§l, as repealed and replaced by PL 2005, c. 397, Pt. 
A, § 1, is amended to read: 
1. Range 91. The salaries of the following state officials and employees are within 
salary range 91: 
Commissioner of Transportation; 
Gommissioaer of GOHservatioa; 
Commissioner of Agriculture, Conservation and Forestry; 
Commissioner of Administrative and Financial Services; 
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; 
GommissioHer of AgrieHlmre, Food afta RHral ResoHfces: 
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; and 
Executive Director, Workers' Compensation Board. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. N-2. 2 MRSA §6, sub-§3, as amended by PL 2011, c. 655, Pt. I, §2 and Pt. 
CC, § 1 and affected by Pt. I, § 11 and Pt. CC, §4, is further amended to read: 
3. Range 89. The salaries of the following state officials and employees are within 
salary range 89: 
Director, Bureau of General Services; 
Director, Bureau of Alcoholic Beverages and Lottery Operations; 
State Budget Officer; 
State Controller; 
Director oftae B-ureau, Division of Forestry; 
Director, Governor's Office of Policy and Management; 
Director, Energy Resources Office; 
Director of Human Resources; 
Director, Bureau Division of Parks and Public Lands; and 
Director of the Governor's Office of Communications. 
Sec. N-3. 2 MRS A §6, sub-§5, as amended by PL 2011, c. 655, Pt. KK., §2 and 
affected by §34, is further amended to read: 
5. Range 86. The salaries of the following state officials and employees are within 
salary range 86: 
Director of Labor Standards; 
State Archivist; 
Direetor, Bureau of Geology, Natural keas aRa Coastal :R:eso-urees: 
Exeeutive Direetor, Maine Lana Use :R:egulation Commission; 
Director, Division of Geology, Natural Areas and Coastal Resources; 
Director, Division of Land Use Planning, Permitting and Compliance; 
. 
Chair, Maine Unemployment Insurance Commission; 
Child Welfare Services Ombudsman; and 
Director of the Maine Drug Enforcement Agency. 
PART 0 
Sec. 0-1. 3 MRSA §959, sub-§l, ,F, as amended by PL 2007, c. 356, §l and 
affected by c. 695, Pt. D, §3, is further amended to read: 
F. The joint standing committee of the Legislature having jurisdiction over health 
and human services matters shall use the following list as a guideline for scheduling 
reviews: 
(2) Offiee of 8ubstaBee Abuse in 2()()5: 
(6) Department of Health and Human Services in 2009; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
(7) Board of the Maine Children's Trust Incorporated in 2011; and 
(9) Maine Developmental Disabilities Council in 2011. 
Sec. 0-2. 4 MRSA §422, sub-§2, ~A, as enacted by PL 1999, c. 780, §1 and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
A. The Department of Health and Human Services, Office of S:abstance Abuse or 
other federal-licensed treatment providers or state-licensed treatment providers to 
provide substance abuse services for alcohol and drug treatment program participants. 
To the extent possible, the alcohol and drug treatment programs must access existing 
substance abuse treatment resources for alcohol and drug treatment program 
participants; 
Sec. 0-3. 5 MRSA §939-A, as enacted by PL 1993, c. 410, Pt. LL, § 1, is 
repealed. 
Sec. 0-4. 5 MRSA §19202, sub-§2-B, ~A, as enacted by PL 2009, c. 203, §4 
and affected by §8, is amended to read: 
A. The committee includes 7 members as follows, of whom only the Legislators are 
voting members: 
(1) Two members of the Legislature, one Senator nominated by the President of 
the Senate and one Representative nominated by the Speaker of the House of 
Representatives; 
(2) 
The director of the HN, STD and viral hepatitis program within the 
Department of Health and Human Services, Maine Center for Disease Control 
and Prevention; 
(3) 
A representative of the Department of Education, nominated by the 
Commissioner of Education; 
(4) 
A representative of the Department of Corrections, nominated by the 
Commissioner of Corrections; 
(5) A representative of the organizational unit of the Department of Health and 
Human Services, Office of Substance .Abuse that provides programs and services 
for substance abuse prevention and treatment, nominated by the Commissioner of 
Health and Human Services; and 
(6) A representative of the Department of Health and Human Services, Office of 
MaineCare Services, nominated by the Commissioner of Health and Human 
Services. 
Sec. 0-5. 5 MRSA §20002, sub-§§2 and 3, as amended by PL 2007, c. 116, § 1, 
are further amended to read: 
2. Coordination of activities and services. To establish a siBgle admiBistrati'le uBit 
within the Department of Health and Human Services,with the responsibility for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
planning, developing, implementing, coordinating and evaluating all of the State's alcohol 
and other drug abuse prevention and treatment activities and services; 
3. Tobacco use by juveniles. To enforce the State's laws relating to the sale and use 
of tobacco products by juveniles and to coordinate state and local activities related to 
those provisions. 
The e.f:Hee department shall take all necessary actions to ensure 
compliance with the Synar Act, 42 United States Code, Section 300X-26, including the 
preparations of reports for the signature of the Governor. All law enforcement agencies, 
all state departments, including the Department of Public Safety, and municipalities shall 
cooperate with the e.f:Hee department in these efforts. 
The effiee department may enter into any contracts or agreements necessary or incidental 
to the performance of its duties under this section, subject to section 20005, subsection 6 
and section 20005-A. The e.f:Hee department shall provide or assist in the provision of 
voluntary training programs regarding the sales of tobacco products to juveniles; and 
Sec. 0-6. 5 MRSA §20002, sub-§4, as enacted by PL 2007, c. 116, §1, is 
amended to read: 
4. Gambling addiction counseling. To establish standards for the provision of 
gambling addiction counseling services and other activities relating to the prevention and 
treatment of gambling addiction. The e.f:Hee department may accept private, state and 
federal funds to support the performance of its duties under this subsection. 
Sec. 0-7. 5 MRSA §20003, sub-§2, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
2. Approved public treatment facility. "Approved public treatment facility" means 
an alcohol treatment facility operating under the direction and control of the ef:fiee 
department or providing treatment under this subchapter through a contract with the 
ef.fise department under section 20008, or any facility funded in whole or in part by 
municipal, state or federal funds. 
Sec. 0-8. 5 MRSA §20003, sub-§3, as amended by PL 1991, c. 850, §2, is 
further amended to read: 
3. Approved treatment facility. "Approved treatment facility" means a public or 
private alcohol treatment facility meeting standards approved by the effiee department in 
accordance with section 20005 and licensed pursuant to subchapter ¥ ~ and other 
applicable provisions of state law. 
Sec. 0-9. 5 MRSA §20003, sub-§3-B, as enacted by PL 1995, c. 560, Pt. L, §2 
and affected by § 16 and amended by PL 2001, c. 354, §3, is further amended to read: 
3-B. Commissioner. "Commissioner" means the Commissioner of Behavioral and 
DevelonmeHt Servie9S Health and Human Services. 
Sec. 0-10. 5 MRSA §20003, sub-§6, as amended by PL 1991, c. 601, §4, is 
further amended to read: 
6. Department. "Department" means the Exeeutive Department of Health and 
Human Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-11. 5 MRSA §20003, sub-§8, as enacted by PL 1989, c. 934, Pt. A, §3, is 
repealed. 
Sec. 0-12. 5 MRSA §20003, sub-§17, as enacted by PL 1989, c. 934, Pt. A, §3, 
is repealed. 
Sec. 0-13. 5 MRSA §20003, sub-§20, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
20. Standards. "Standards" means criteria and rules of the affiee or the department 
that are to be met before and during operation of any treatment facility or treatment 
program. 
Sec. 0-14. 5 MRSA §20004, as repealed and replaced by PL 1995, c. 560, Pt. L, 
§3 and affected by §16 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, 
§6, is repealed. 
Sec. 0-15. 5 MRSA §20004-A, as enacted by PL 1993, c. 410, Pt. LL, §6, is 
amended to read: 
§20004-A. Departments and agencies responsible for cooperation in implementation 
All departments and agencies in State Government are required to cooperate with the 
efHee department in its implementation and administration ofthis chapter. 
Sec. 0-16. 5 MRSA §20005, first~, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The effiee department shall: 
Sec. 0-17. 5 MRSA §20005, sub-§2, as amended by PL 1991, c. 601, §6, is 
further amended to read: 
2. 
Comprehensive plan. 
Develop and provide for the implementation of a 
comprehensive state plan for alcohol and drug abuse. Any plan developed by the efHee 
department must be subject to public hearing prior to implementation; 
Sec. 0-18. 5 MRS A §20005, sub-§5, as amended by PL 1995, c. 560, Pt. L, §4 
and affected by § 16, is further amended to read: 
5. Budget. Develop and submit to the Legislature by January 15th of the first year 
of each legislative biennium recommendations for continuing and supplemental 
allocations, deappropriations or reduced allocations and appropriations from all funding 
sources for all state alcohol and drug abuse programs. The eftiee department shall make 
final recommendations to the Governor before any substance abuse funds are 
appropriated or deappropriated in the Governor's proposed budget. The eftiee department 
shall formulate all budgetary recommendations for the Driver Education and Evaluation 
Programs with the advice, consultation and full participation of the chief executive officer 
of the Driver Education and Evaluation Programs. 
Notwithstanding any other provision of law, funding appropriated and allocated by the 
Legislature for the Offiee of Substllflee Abuse department for substance abuse prevention 
and treatment is restricted solely to the that use of that affiee and may not be used for 
other expenses of any other part of the department. By January 15th of each year, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
direetsr commissioner or the commissioner's designee shall deliver a report of the budget 
and expenditures of the efHee department for substance abuse prevention and treatment to 
the joint standing committees of the Legislature having jurisdiction over appropriations 
and financial affairs and human resource matters; 
Sec. 0-19. 5 MRSA §20005, sub-§6, as amended by PL 2011, c. 542, Pt. A, §6, 
is further amended to read: 
6. Contracts and licensing. Through the direetor commissioner: 
A. Administer all contracts with community service providers for the delivery of 
alcohol and drug abuse services; 
A-I. Administer all contracts with community service providers for the delivery of 
gambling addiction counseling services; and 
B. Establish operating and treatment standards and inspect and issue certificates of 
approval for approved treatment facilities, drug abuse treatment facilities or 
programs, including residential treatment centers, community-based service providers 
and facilities that are private nonmedical institutions pursuant to section 20024 and 
subchapter 5. 
The commissioner may delegate contract and licensing duties under this subsection to the 
Department sf Healtk and Human Serviees, the Department of Corrections or oilier 
divisions of tke department as long as that delegation ensures that contracting for alcohol 
and other drug abuse services provided in community settings are i§. consolidated within 
the Deflartment of Healtk and Hliman Serviees department, that contracting for alcohol 
and other drug abuse services delivered within correctional facilities are i§. consolidated 
within the Department of Corrections and that contracting for alcohol and other drug 
abuse services delivered within mental health facilities or as a component of programs 
serving persons with intellectual disabilities or autism are i§. consolidated within the 
department. 
The commissioner may not delegate contract and licensing duties ifthat delegation results 
in increased administrative costs. 
The commissioner may not issue requests for proposals for existing contract services until 
the commissioner has adopted rules in accordance with the Maine Administrative 
Procedure Act to ensure that the reasons for which existing services are placed out for bid 
and the performance standards and manner in which compliance is evaluated are 
specified and that any change in provider is accomplished in a manner that fully protects 
the consumer of services. 
The commissioner shall establish a procedure to obtain assistance and advice from 
consumers of alcohol and other drug abuse services regarding the selection of contractors 
when requests for proposals are issued; 
Sec. 0-20. 5 MRSA §20005, sub-§12, as amended by PL 1991, c. 601, §6, is 
further amended to read: 
12. Rules. Adopt rules, in accordance with the Maine Administrative Procedure Act, 
necessary to carry out the purposes of this chapter and approve any rules adopted by state 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
agencies for the purpose of implementing alcohol or drug abuse prevention or treatment 
programs. 
All state agencies must comply with rules adopted by the efHee department regarding 
uniform alcohol and other drug abuse contracting requirements, formats, schedules, data 
collection and reporting requirements; 
Sec. 0-21. 5 MRSA §20005, sub-§14, as enacted by PL 1993, c. 410, Pt. LL, 
§ 10, is amended to read: 
14. Interdepartmental cooperation. Document to the Legislature's satisfaction, 
active participation and cooperation between the efHee department and the other 
departments with which it works through the commission; 
Sec. 0-22. 5 MRS A §20005, sub-§16, as enacted by PL 1993, c. 410, Pt. LL, 
§10, is amended to read: 
16. Substance abuse services plan. Plan for not only those services funded directly 
by the effiee department, but also those additional services determined by the 
commission to be critical and related; 
Sec. 0-23. 5 MRSA §20006-A, as amended by PL 2007, c. 539, Pt. N, §7, is 
further amended to read: 
§20006-A. Commissioner duties 
The direetor commissioner or the commissioner's designee shall: 
1. Alternatives. Propose alternatives to current alcohol and drug abuse prevention 
and treatment programs and services; 
2. Investigate. Conduct investigations and studies of any alcohol or drug abuse 
program or community service provider operating under the control of the efHee 
department or providing treatment under this chapter through a contract with the effiee 
department under section 20008; that are licensed pursuant to section 20024 or any 
facility funded in whole or in part by municipal, state or local funds, as necessary; and 
3. Other duties and powers. Carry out other duties and exercise other powers 
granted to the direetor commissioner under this Act and delegated to the direetor ay the 
eommissioHer under Title 22-A, section 207, subsection 3. 
Sec. 0-24. 5 MRSA §20006-B, as enacted by PL 2009, c. 622, §1, is amended to 
read: 
§20006-B. Gambling Addiction Prevention and Treatment Fund 
1. Fund established. The Gambling Addiction Prevention and Treatment Fund, 
referred to in this section as "the fund," is established for the purpose of supporting 
gambling addiction analysis, prevention and treatment to be administered by the effiee 
department. The fund is a dedicated, nonlapsing fund into which payments are received 
in accordance with Title 8, section 1036, subsection 2. 
2. Report. The direetor commissioner or the commissioner's designee shall report 
annually by March 1st to the joint standing committee of the Legislature having 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "B" to S.P. 600, L.D. 1746 
jurisdiction over gambling matters. The report must include a description of a continuum 
of care model used to identify the need for gambling addiction services, prevention 
efforts, intervention and treatment provided using money from the fund. The report must 
describe any collaborative efforts between the effiee department, the Gambling Control 
Board established under Title 8, section 1002 and slot machine operators licensed in 
accordance with Title 8, chapter 31 to support the purpose of the fund described in 
subsection 1. The direetor commissioner may submit recommendations for legislation to 
the joint standing committee of the Legislature having jurisdiction over gambling matters, 
which is authorized to submit that legislation to the Legislature. 
Sec. 0-25. 5 MRSA §20007, as amended by PL 1995, c. 165, §1, is further 
amended to read: 
§20007. Agency cooperation 
State agencies shall cooperate fully with the offiee and eOl:1neil department in 
carrying out this chapter. 
A state agency may not develop, establish, conduct or 
administer any alcohol or drug abuse prevention or treatment program without the 
approval of the effiee department. 
The effiee department may request personnel, 
facilities and data from other agencies as the direetor commissioner finds necessary to 
fulfill the purposes of this Act. 
Sec. 0-26. 5 MRSA §20008, first ~, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The effiee department shall establish and provide for the implementation of a 
comprehensive and coordinated program of alcohol and drug abuse prevention and 
treatment in accordance with subchapters II 2. and III 1. and the purposes of this Act. The 
program must include the following elements. 
Sec. 0-27. 5 MRSA §20008, sub-§3, as amended by PL 1991, c. 601, §10, is 
further amended to read: 
3. Treatment. The effiee department shall provide for adequate and appropriate 
treatment for alcoholics, 6mgs drug abusers, drug addicts and drug-dependent persons 
admitted under sections 20043 to 20044. 
Treatment may not be provided at a 
correctional institution, except for inmates. 
Sec. 0-28. 5 MRSA §20008, sub-§4, as enacted by PL 1991, c. 601, §1l, is 
amended to read: 
4. Contract with facilities. The effiee 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 ofthe procedures in this subchapter. 
Sec. 0-29. 5 MRSA §20009, first~, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The effiee department shall plan alcohol and drug abuse prevention and treatment 
activities in the State and prepare and submit to the Legislature the following documents: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600. L.D. 1746 
Sec. 0-30. 5 MRSA §20021, as amended by PL 1991, c. 601, §14, is further 
amended to read: 
§20021. Public awareness 
The effiee department shall create and maintain a program to 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. 
Sec. 0-31. 5 MRSA §20022, first ~, as amended by PL 1991, c. 601, §15, is 
further amended to read: 
As part of its comprehensive prevention and treatment program, the effiee 
department shall operate an information clearinghouse and oversee, support and 
coordinate a resource center within the Department of Education. 
The information 
clearinghouse and resource center constitute a comprehensive reference center of 
information related to the nature, prevention and treatment of alcohol and other drug 
abuse. In fulfillment of the requirement of this section, the resource center may be 
located within the Department of Education and may operate there pursuant to a 
memorandum of agreement between the offiee aRd the department departments. 
Information must be available for use by the general public, political subdivisions, public 
and private nonprofit agencies and the State. 
Sec. 0-32. 5 MRSA §20023, as amended by PL 1991, c. 601, §§16 and 17, is 
further amended to read: 
§20023. 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 with programs administered by the effiee 
Department of Health and Human Services. 
The Commissioner of Education shall 
participate in planning, budgeting and evaluation of alcohol and other drug abuse 
programs, in cooperation with the Substance Abuse Advisory Group, and ensure that 
alcohol and drug abuse education programs administered by the Department of Education 
that involve any community participation are coordinated with available treatment 
services. 
The GOHllIHssioner of Eoocation, in oooperation with the S14stanee A-lHlse Advisory 
Group, shall prepare a plan to ensure the ooordination and oonsolidation of aloohol and 
other drug abuse eduoation programs aRd must present the plan to the direotor by January 
1, 1992. The plan F8I:lSt be consistent with requirements of the federal Drug Free Sohools 
and Communities Aot of 1986 and this ohapter. 
Nothing in this section interferes with the authority ofthe Department of Education to 
receive and allocate federal funds under the federal Drug-Free Schools and Communities 
Act of 1986. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-33. 5 MRSA §20024, as amended by PL 2011, c. 145, §1, is further 
amended to read: 
§20024. Licensing 
The effiee department 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 cornmunity-
based service provider pursuant to subchapter ¥~. The e.ffiee department shall fix and 
collect the fees for the inspection and certification and shall maintain a list of approved 
public and private treatment facilities. 
Upon request by the e.ffiee department, each approved public and private treatment 
facility must provide data, statistics, schedules and information that the eftiee department 
reasonably requires. 
The direetoF commissioner may remove a facility that fails to 
provide such information from the list of approved facilities. 
An approved public or private treatment facility may not refuse inspection or 
examination by the eftiee department under this section. 
Procedures to decertify any facility or to refuse certification are governed by the 
Maine Administrative Procedure Act. 
A treatment facility or program that receives and maintains accreditation from a 
national accrediting body approved by the department must be deemed in compliance 
with comparable state licensing rules upon its submission to the department of written 
evidence of compliance including, but not limited to, national accreditation approval, 
reports, findings and responses. The department may review compliance under this 
paragraph in response to a complaint against the facility or program. 
Sec. 0-34. 5 MRSA §20041, sub-§l, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
1. Data collection; sources. The effiee 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 other drug abuse programs. 
Sec. 0-35. 5 MRSA §20042, as amended by PL 1991, c. 601, §20, is further 
amended to read: 
§20042. Standards 
The effiee department shall contract for treatment services only with approved 
treatment facilities. 
Sec. 0-36. 5 MRSA §20043, first ~, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
The effu;e department shall adopt rules 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-37. 5 MRSA §20043, 2nd ~, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
In establishing rules, the effi6e department must be guided by the following 
standards. 
Sec. 0-38. 5 MRSA §20043, sub-§6, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
6. Denial of treatment services. A person, firm or corporation licensed by the 
Offiee of ~hlbstaHee Abase department as an approved alcohol or drug treatment facility 
under Title 5, section 20005 to provide shelter or detoxification services, and that 
receives any funds administered by the effi6e department to provide substance abuse 
prevention and treatment services, may not deny treatment to any person because of that 
person's inability or failure to pay any assessed fees. 
Sec. 0-39. 5 MRSA §20044, sub-§2, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
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 recommendation. Subject to rules adopted by the 
effi6e 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 emee 
department, shall refer the person to another approved treatment facility for treatment if 
possible and appropriate. 
Sec.0-40. 5 MRSA §20047, sub-§2, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
2. 
Information for research. 
Notwithstanding subsection 1, the direetor 
commissioner may make available 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 
identifying information. 
Sec. 0-41. 5 MRSA §20048, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
§20048. Visitation and communication of patients 
1. Hours of visitation. Subject to reasonable rules regarding hours of visitation 
wffieh that the direetor commissioner may adopt, 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 direetor 
commissioner may adopt reasonable rules regarding the use of telephones by patients in 
approved treatment facilities. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
3. Restrictions. The patient may exercise all civil rights, including, but not limited 
to, civil service status; the right to vote; rights relating to the granting, renewal, forfeiture 
or denial of a license, permit, 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 direeter commissioner determines that it is necessary for the 
medical welfare of the patient to impose restrictions~ unless the patient has been 
restored to legal capacity; or 
B. 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. 
Sec. 0-42. S MRSA §200S0, sub-§3, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
3. Finances. The efHee department shall adopt rules governing financial ability that 
take into consideration 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. 
Sec. 0-43. S MRSA §2006S, sub-§8, as amended by PL 1995, c. 560, Pt. L, §9 
and affected by § 16, is further amended to read: 
8. Administrative and financial assistance. The efHee department shall provide 
the commission administrative or financial assistance that is available from effiee 
department resources. 
Sec. 0-44. S MRSA §20067, first~, as enacted byPL 1993, c. 410, Pt. LL, §12, 
is amended to read: 
The commission, in cooperation with the effiee department, has the following duties. 
Sec. 0-4S. S MRSA §20067, sub-§l-A, as enacted by PL 1995, c. 560, Pt. L, 
§ 11 and affected by § 16, is amended to read: 
I-A. Advise the department. The commission shall advise the effiee department in 
the development and implementation of significant policy matters relating to substance 
abuse. 
Sec. 0-46. S MRSA §20067, sub-§3, as enacted by PL 1993, c. 410, Pt. LL, §12, 
is amended to read: 
3. Serve as advocate; review and evaluate; inform the public. The commission 
shall serve as an advocate on alcoholism and drug abuse prevention, promoting and 
assisting activities designed to meet the problems of drug abuse and drug dependence at 
the national and state levels. With the support of the efHee department, the commission 
shall review and evaluate on a continuing basis state and federal policies and programs 
relating to drug abuse and other activities conducted or assisted by state departments or 
agencies that affect persons who abuse or are dependent on drugs. In cooperation with 
the effi.se department, the commission shall keep the public informed by collecting and 
disseminating information, by conducting or commissioning studies and publishing the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
results of those studies, by issuing publications and reports and by providing public 
forums, including conferences and workshops. 
Sec. 0-47. 5 MRSA §20072, first~, as amended by PL 1995, c. 560, Pt. L, §12 
and affected by § 16, is further amended to read: 
The Driver Education and Evaluation Programs are established in the effiee 
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 effi.ee department shall certify to the Secretary of State: 
Sec. 0-48. 5 MRSA §20073-B, as enacted by PL 1999, c. 448, §6, is amended to 
read: 
§20073-B. Programs and components; rules 
The effi.ee department shall design programs and components that are age-
appropriate and therapeutically appropriate. 
The efHee department shall adopt rules 
regarding requirements for these programs and components and any other rules necessary 
to implement this subchapter. Rules adopted pursuant to this section are routine technical 
rules as defined in chapter 375, subchapter H-A 2-A. 
Sec. 0-49. 5 MRSA §20074, as amended by PL 1991, c. 850, §9, is further 
amended to read: 
§20074. 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 effi.ee department 
providing services under this subchapter may not provide both treatment services and 
evaluation services for the same individual 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. 
Sec. 0-50. 5 MRSA §20075, as amended by PL 2001, c. 511, §2, is further 
amended to read: 
§20075. Certification; recertification 
All providers of the evaluation, intervention and treatment components of the Driver 
Education and Evaluation Programs must be certified by the effi.ee department pursuant 
to section 20005, section 20024, section 20073-B and this subchapter. The certification 
period for individual providers and agencies is 2 years. The effi.ee department shall adopt 
rules requiring continuing education for recertification. 
Sec. 0-51. 5 MRSA §20076-B, as enacted by PL 1999, c. 448, §9, is amended to 
read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
§20076-B. Fees 
The emee department shall set fees in accordance with the cost of each program. All 
fees must be transferred to the General Fund. The effiee department may waive all or 
part of any fee for a client who provides sufficient evidence of inability to pay. 
Sec. 0-52. 5 MRSA §20077, as enacted by PL 1991, c. 601, §28, is amended to 
read: 
§20077. Report 
Beginning in 1992, the direeter commissioner shall report annually by February 1 st to 
the joint standing committee of the Legislature having jurisdiction over human resource 
matters regarding the effies's department's activities under this subchapter. A copy of the 
report must be sent to the Executive Director of the Legislative Council. 
Sec. 0-53. 5 MRSA §20078-A, sub-§3, as enacted by PL 1993, c. 631, §7, is 
amended to read: 
3. 
Facilities; staff. The direetor commissioner shall provide staff support and 
adequate facilities for the board. 
Sec. 0-54. 5 MRSA §20078-A, sub-§4, as enacted by PL 1993, c. 631, §7, is 
amended to read: 
4. Chair; rules. The board shall elect annually a chair from its members. The 
dirsetor commissioner shall adopt rules to carry out the purposes of this section. 
Sec. 0-55. 12 MRSA §10701, sub-§3,~, as enacted by PL 2003, c. 414, Pt. A, 
§2 and affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to 
read: 
D. In addition to the penalties provided under paragraphs A to C, the court may order 
the defendant to participate in the alcohol and other drug education, evaluation and 
treatment programs for multiple offenders administered by the Department of Health 
and Human Services, Offiee of SubstaBee Abuse, as established in under Title 5, 
chapter 521. 
Sec. 0-56. 17 MRSA §2005, sub-§3, as enacted by PL 1997, c. 756, §1 and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
3. 
Reporting. 
Beginning April 30, 1998 and monthly thereafter, each law 
enforcement agency shall submit a copy of its records of all known incidents of public 
intoxication to the Department of Public Safety. 
These records may not include 
individuals' names. Beginning June 30, 1998 and quarterly thereafter, the Department of 
Public Safety shall forward these records to the Department of Health and Human 
Services, Offiee of Sl:lbstaase Abuse. The records must include at least the following 
infonnation: 
A. The number of reported cases of public intoxication; 
B. 
The number of persons who are reported more than one time pursuant to 
paragraph A; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
C. 
The number of persons voluntarily transported to a state-licensed treatment 
facility or shelter as a result of reported incidents of public intoxication; 
D. The number of persons voluntarily transported to their residence or left with a 
family member or friend as a result of reported incidents of public intoxication; and 
E. The number of intoxicated persons left at the scene of the reported incident or at 
another public place. 
Sec. 0-57. 20-A MRSA §6621, as enacted by PL 2005, c. 674, §3, is amended to 
read: 
§6621. Performance-enhancing substances 
1. List of banned substances. By Jwmary 1, 2007 the Direetor of the Gffiee of 
Sl:tl9salsoe ABuse withis the DepartIHest The Commissioner of Health and Human 
Services, knOVIfl ia this sUBehapter as "the eireetor, " shall develop a list of banned 
performance-enhancing substances. The list must include, but is not limited to, the 
following: 
A. Ephedrine; 
B. Synephrine, also known as bitter orange; 
C. Dehydroepiandrosterone; 
D. 
All dietary supplements as defined by 21 United States Code, Section 321, 
Subsection (ft) that are on a banned substance list maintained by the National 
Collegiate Athletic Association or the World Anti-Doping Agency or their successor 
organizations; and 
E. 
All other substances that are on a banned substance list maintained by the 
National Collegiate Athletic Association or the World Anti-Doping Agency or their 
successor organizations except for: 
(1) A substance that is otherwise illegal in this State; or 
(2) A substance the use of which by minors is illegal in this State. 
2. Amendments to list. The eireotor Commissioner of Health and Human Services 
shall amend the banned substances list each time a dietary supplement or other substance 
referenced in subsection I, paragraph D or E is added to the list of banned substances 
maintained by the National Collegiate Athletic Association or the World Anti-Doping 
Agency or their successor organizations. For a substance to be prohibited under section 
6624 in a particular school year, the substance must be added to the banned substances 
list maintained under this section no later than July 1st preceding that school year. 
3. Notification. The director Commissioner of Health and Human Services shall 
notify the department, the Maine School Management Association and the Maine 
Principals' Association or their successor organizations when the initial list of banned 
substances is complete and of any subsequent changes to the list. The department shall 
notify all school administrative units that have students who participate in sports of the 
availability of the list. The direetor Commissioner of Health and Human Services shall 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
post the list on its the publicly accessible website of the Department of Health and 
Human Services. 
Sec. 0-58. 22 MRSA §272, sub-§2, as enacted by PL 1997, c. 560, Pt. D, §2 and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
2. Tobacco Prevention and Control Advisory Council. The Tobacco Prevention 
and Control Advisory Council is established under Title 5, section 12004-1, subsection 
36-D to review the program. The advisory council shall provide advice to the bureau in 
carrying out its duties under this section and ensure coordination of the program with 
relevant nonprofit and community agencies and the Department of Education, the 
department, the Offiee of 8abstaaee Abase and other relevant state agencies. 
The 
advisory council consists of9 members, appointed as follows: 
A. Two public health officials, appointed by the Governor; 
. 14 
B. Two representatives of nonprofit organizations involved in seeking to reduce the 
use of tobacco products in the State, with one representative appointed by the 
President of the Senate and one representative appointed by the Speaker of the House 
of Representatives; 
C. 
A person who designs and implements issue-oriented public health media 
campaigns, appointed by the Governor; 
D. 
Two persons involved in designing and implementing community-based 
education or cessation programs for the prevention of tobacco products use, one to 
focus on adults, appointed by the President of the Senate, and one to focus on youth, 
appointed by the Speaker of the House of Representatives; and 
E. Two members of the public, appointed jointly by the President of the Senate and 
the Speaker of the House of Representatives in consultation with the leaders of the 
minority political party. 
Appointments to the advisory council must be made by October 15, 1997. Members 
serve for 3-year terms and may be reappointed. When the appointment of all members is 
complete, the Governor or the Governor's designee shall convene the first meeting of the 
advisory council no later than November 15, 1997. The advisory council shall choose a 
chair from among its members and establish its procedure for reaching decisions. The 
bureau shall provide staff assistance to the advisory council. The advisory council shall 
report annually on the program to the Governor and the Legislature by December 1st and 
include any recommendations or proposed legislation to further the purposes of the 
program. 
The appointing authority shall fill a vacancy on the advisory council for the remainder of 
the vacant term. Each member who is not a salaried employee is entitled to compensation 
as provided in Title 5, section 12004-1, subsection 36-D, following approval of expenses 
by the Director of the Bureau of Health. 
Sec. 0-59. 22 MRSA §1551-A, sub-§5, as enacted by PL 1995, c. 470, §9 and 
affected by §19, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-60. 22 MRSA §1558, sub-§8, ~A, as amended by PL 2005, c. 223, §5, is 
further amended to read: 
A. The District Court shall maintain a record of all fines received by the court. Any 
fines received must be credited as follows: 
to the Department of Health and 
Human Services in a nonlapsing account to be used by the department to defray 
administrative costs of retail tobacco licensing and 112 to a nonlapsing account to be 
used by the Attorney General to support enforcement and responsible retailing 
education programs. Annually, the court shall report to the Offioe of ~ubstaRce 
Affitse department the total amount of fines collected. 
Sec. 0-61. 22 MRSA §1558-A, sub-§2, as enacted by PL 1995, c. 470, §9 and 
affected by §19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
2. Notice to department. The District Court shall forward to the department notice 
of final disposition of all proceedings conducted pursuant to this subchapter. 
The 
department shall maintain the records of the proceedings for at least 5 years. Annl:lally, 
the department shall report a summary of the types and number of cases heard and the 
dispositions oftne eases to the Office of Substance Abuse. 
Sec. 0-62. 22 MRS A §2351, as enacted by PL 2005, c. 430, §5 and affected by 
§ 1 0, is amended to read: 
§2351. Maine Meth Watch Program 
1. 
Establishment; purpose. The Office of Substance Abuse department shall 
establish the Maine Meth Watch Program to educate retailers, retail employees and the 
public in order to help curtail suspicious sales and the theft of methamphetamine 
precursor drugs as defined in Title 17 -A, section 1101, subsection 4-A and to identify the 
location of illicit methamphetamine manufacturing. 
2. Rulemaking. The Office of Substance Abuse department may adopt rules to 
carry out the purposes of this chapter. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 0-63. 22 MRSA §3739, sub-§2, ~G, as enacted by PL 1993, c. 158, §2, is 
amended to read: 
G. 
One employee of the Office of Substance Abuse organizational unit of the 
department that provides programs and services for substance abuse prevention and 
treatment, appointed by the Direetor of the Office of Substance Abuse commissioner; 
Sec. 0-64. 22 MRSA §4004-A, sub-§3, as corrected by RR 2003, c. 2, §77, is 
amended to read: 
3. 
Additional parties. 
The Department of Corrections, the Department of 
Education, the Office of Substance Abuse and any other appropriate state agency may be 
additional parties to the agreement. 
Sec. 0-65. 22 MRSA §7246, sub-§4, as enacted by PL 2003, c. 483, §1 and 
amended by c. 689, Pt. B, §6, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-66. 22 MRSA §7247, as amended by PL 2011, c. 380, Pt. WW, §1, is 
further amended to read: 
§7247. Controlled Substances Prescription Monitoring Program Fund 
The Controlled Substances Prescription Monitoring Program Fund is established 
within the emee department to be used by the direetar af the affiee commissioner to fund 
or assist in funding the program. Any balance in the fund does not lapse but is carried 
forward to be expended for the same purposes in succeeding fiscal years. The fund must 
be deposited with and maintained and administered by the emee department. The effiee 
commissioner may accept funds into the fund from any source, public or private, 
including grants or contributions of money or other things of value, that it the 
commissioner determines necessary to carry out the purposes of this chapter. Money 
received by the effiee department to establish and maintain the program must be used for 
the expenses of administering this chapter. 
Sec. 0-67. 22 MRSA §7248, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7248. Controlled Substances Prescription Monitoring Program 
1. Establishment of monitoring program. Contingent upon the receipt of funds 
pursuant to section 7247 sufficient to carry out the purposes of this chapter, the 
Controlled Substances Prescription Monitoring Program is established. No later than 
January 2, 2004, to implement the program, the effiee department shall establish an 
electronic system for monitoring any controlled substance that is dispensed to a person in 
the State by a dispenser. 
2. Contract for services. The effiee department may contract with a vendor to 
establish and maintain the program pursuant to rules adopted by the effiee department. 
3. Information available. The program must rapidly provide information in an 
electronic format to prescribers and dispensers. 
Sec. 0-68. 22 MRSA §7249, as amended by PL 2011, c. 477, Pt. K, § 1, is further 
amended to read: 
§7249. Reporting of prescription monitoring information 
1. Information required. Each dispenser shall submit to the effiee department, by 
electronic means or other format specified in a waiver granted by the emee department, 
specific items of information regarding dispensed controlled substances determined by 
the office from the following list: 
A. The dispenser identification number; 
B. The date the prescription was filled; 
C. The prescription number; 
D. Whether the prescription is new or is a refill; 
E. The National Drug Code (NDC) for the drug dispensed; 
F. The quantity dispensed; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
O. The dosage; 
H. The patient identification number; 
I. The patient name; 
1. The patient address; 
K. The patient date of birth; 
L. The prescriber identification number; 
M. The date the prescription was issued by the prescriber; and 
N. 
The office iss'I::led department-issued serial number if the effiee department 
chooses to establish a serial prescription system. 
2. 
Frequency. 
Each dispenser shall submit the information required under 
subsection 1 as frequently as specified by the effiee department. 
3. Waiver. The efHee department may grant a waiver of the electronic submission 
requirement under subsection 1 to any dispenser for good cause, including financial 
hardship, as determined by the effiee department. The waiver must state the format and 
frequency with which the dispenser is required to submit the required information. 
4. Immunity from liability. A dispenser is immune from liability for disclosure of 
information if the disclosure was made pursuant to and in accordance with this chapter. 
5. Participation requirements. If less than 90% of the prescribers in a class of 
prescribers described in paragraphs A to F are registered in the program on January 1, 
2014, then all the members of that class of prescribers shall register in the program by 
March 1, 2014. The following are the classes of prescribers that are subject to the 
provisions of this subsection: 
A. Allopathic physicians licensed pursuant to Title 32, chapter 48, subchapter 2; 
B. Osteopathic physicians licensed pursuant to Title 32, chapter 36; 
C. Dentists licensed pursuant to Title 32, chapter 16, subchapter 3; 
D. Physician assistants licensed pursuant to Title 32, chapter 48, subchapter 2; 
E. Podiatrists licensed pursuant to Title 32, chapter 51; and 
F. Advanced practice registered nurses licensed pursuant to Title 32, chapter 31, 
subchapter 3. 
Sec. 0-69. 22 MRSA §7250, as amended by PL 2011, c. 218, §§1 to 4, is further 
amended to read: 
§7250. Access to prescription monitoring information and confidentiality 
1. Confidentiality. Except as provided in this section, prescription monitoring 
information submitted to the effiee department is confidential and is not a public record 
as defined in Title 1, section 402, subsection 3. 
2. Review of information. If the prescription monitoring information surpasses 
thresholds as established by the effiee department, the effiee department shall notify the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
prescriber, the dispenser and, if the ef.fiee department determines it to be necessary, the 
professional licensing entity and provide all relevant prescription monitoring information 
to those persons and entities through an established letter of notification. 
3. Permissible disclosure of information. The ef.fiee department may provide 
prescription monitoring information for public research, policy or education purposes as 
long as all information reasonably likely to reveal the patient or other person who is the 
subject of the information has been removed. 
4. 
Access to information. The following persons may access prescription 
monitoring information: 
lOA. A prescriber, insofar as the information relates to a patient under the prescriber's 
care; 
B. A dispenser, insofar as the information relates to a customer of the dispenser 
seeking to have a prescription filled; 
C. The executive director, or a board investigator as designated by each board, of the 
state boards of licensure of podiatric medicine, dentistry, pharmacy, medicine, 
osteopathy, veterinary medicine, nursing or other boards representing health care 
disciplines whose licensees are prescribers, as required for an investigation, with 
reasonable cause; 
D. A patient to whom a prescription is written, insofar as the information relates to 
that patient; 
E. 
Gffi.ee Department personnel or personnel of any vendor or contractor, as 
necessary for establishing and maintaining the program's electronic system; 
F. 
The Office of Chief Medical Examiner for the purpose of conducting an 
investigation or inquiry into the cause, manner and circumstances of death in a 
medical examiner case as described in section 3025. 
Prescription monitoring 
information in the possession or under the control of the Office of Chief Medical 
Examiner is confidential and, notwithstanding section 3022, may not be 
disseminated. Information that is not prescription monitoring information and is 
separately acquired following access to prescription monitoring information pursuant 
to this paragraph remains subject to protection or dissemination in accordance with 
section 3022; 
G. The office that administers the MaineCare program pursuant to chapter 855 for 
the purposes of managing the care of its members, monitoring the purchase of 
controlled substances by its members and avoiding duplicate dispensing of controlled 
substances; and 
H. Another state pursuant to subsection 4-A. 
4-A. Information sharing with other states. The ef.fiee department may provide 
prescription monitoring information to and receive prescription monitoring information 
from another state that has prescription monitoring information provisions consistent with 
this chapter and has entered into a prescription monitoring information sharing agreement 
with the effiee department. 
The effiee department may enter into a prescription 
monitoring information sharing agreement with another state to establish the terms and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
conditions of prescription monitoring information sharing and interoperability of 
information systems and to carry out the purposes of this subsection. 
For purpose 
purposes of this subsection, "another state" means any state other than Maine and any 
territory or possession of the United States, but does not include a foreign country. 
5. Purge of information. The ef:fiee department shall purge from the program all 
information that is more than 6 years old. 
Sec. 0-70. 22 MRSA §7251, sub-§l, as enacted by PL 2003, c. 483, §1, is 
amended to read: 
1. Failure to submit information. A dispenser who knowingly fails to submit 
prescription monitoring information to the ef:fiee department as required by this chapter is 
subject to discipline by the Maine Board of Pharmacy pursuant to Title 32, chapter 117, 
subchapter 4 or by the applicable professional licensing entity. 
Sec. 0-71. 22 MRSA §7252, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7252. Rulemaking 
The ef:fiee department may adopt rules necessary to implement the provisions of this 
chapter. Rules adopted pursuant to this section are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 0-72. 26 MRSA §683, sub-§l,~, as amended by PL 1995, c. 283, §1, is 
further amended to read: 
B. The employee assistance program must be certified by the Offioe of SoostaHoe 
Aeese Department of Health and Human Services under rules adopted pursuant to 
section 687. The rules must ensure that the employee assistance programs have the 
necessary personnel, facilities and procedures to meet minimum standards of 
professionalism and effectiveness in assisting employees. 
Sec. 0-73. 26 MRSA §687, sub-§l, as amended by PL 1995, c. 283, §2, is 
further amended to read: 
1. Department of Health and Human Services. The Offioe of SubstaHoe Abuse 
Department of Health and Human Services shall adopt rules under the Maine 
Administrative Procedure Act, Title 5, ohapter 375, as provided in this subchapter. 
Sec. 0-74. 26 MRSA §688, as amended by PL 1995, c. 283, §3 and PL 2003, c. 
689, Pt. B, §6, is further amended to read: 
§688. Substance abuse education 
All employers shall cooperate fully with the Department of Labor, Offioe of 
Substanoe Abuse, the Department of Health and Human Services, the Department of 
Public Safety and any other state agency in programs designed to educate employees 
about the dangers of substance abuse and about public and private services available to 
employees who have a substance abuse problem. 
Sec. 0-75. 28-A MRSA §1703, sUb-§5, as amended by PL 1997, c. 373, §144, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8" to S.P. 600, L.D. 1746 
5. Appropriation. The amount of funds appropriated from the General Fund to the 
Offiee sf Suastasee ABQse, as established is Title 5, ehapter 521, Department of Health 
and Human Services for substance abuse prevention and treatment may not be less than 
the dollar amount collected or received by the alcohol bureau and bureau under this 
section. 
Sec. 0-76. 28-A MRSA §2519, sub-§2,~, as amended by PL 1999, c. 519, §2, 
is further amended to read: 
D. A representative of the Offiee sf SQBstasee Ablise Department of Health and 
Human Services; 
Sec. 0-77. 29-A MRSA §2401, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. Alcohol and drug program. "Alcohol and drug program" means the alcohol and 
other drug education, evaluation and treatment program administered by the Offiee ef 
Slibstaaee AbQse Department of Health and Human Services under Title 5, chapter 521, 
subchapter ¥ ~. 
Sec. 0-78. 29-A MRSA §2411, sub-§5, ~, as amended by PL 2001, c. 511, §3 
and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
F. For a person sentenced under paragraph B, C or D, the court shall order the 
defendant to participate in the alcohol and other drug program of the Department of 
Health and Human Services, Offiee sf SQbstaHee Abuse. The court may waive the 
program pursuant to Title 5, section 20073-B, if the court finds that the defendant has 
completed an alcohol or other drug treatment program subsequent to the date of the 
offense; and 
Sec. 0-79. 29-A MRSA §2455, sub-§3, ~A, as enacted by PL 1993, c. 683, Pt. 
A, §2 and affected by Pt. B, §5, is amended to read: 
A. Satisfactory completion of the Driver Education and Evaluation Programs of the 
Offiee sf SQbstasee Abuse Department of Health and Human Services; 
Sec. 0-80. 29-A MRSA §2472, sub-§6, as amended by PL 2001, c. 511, §6, is 
further amended to read: 
6. Restoration of license. If a person's license has been suspended under subsection 
for a first offense, the Secretary of State may issue a license if: 
A. One half of the suspension period has expired; and 
B. The Secretary of State has received notice that the person has completed the 
alcohol and other drug program of the Offiee of Substaaee Ablise Department of 
Health and Human Services. 
A 2nd or subsequent offender may be issued a license following the completion of the 
period of suspension provided if the Secretary of State has received notice that the person 
has completed the alcohol and other drug program of the Offiee of Substooee A-BliSe 
Department of Health and Human Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Sec. 0-81. 29-A MRSA §2502, as amended by PL 2011, c. 335, §11, is further 
amended to read: 
§2502. Special licenses for driver education evaluation program; suspension 
1. Issuance of special license. Following the expiration of the total period of 
suspension imposed on a first-time offender pursuant to Title 15, section 3314 or sections 
2411,2453, 2453-A, 2472 and 2521, the Secretary of State shall issue a special license or 
permit to the person if the Secretary of State receives written notice that the person has 
completed the assessment components of the alcohol and other drug program pursuant to 
Title 5, section 20073-B. 
First offenders who have registered for the completion of 
treatment programs as described in Title 5, section 20072, subsection 2 are entitled to 
receive a special license after completion of 3 treatment sessions provided by a counselor 
or agency approved by the Office of SubstaRce Abuse Department of Health and Human 
Services. A special license or permit may not be issued under this section to 2nd and 
subsequent offenders. 
2. Suspension of special license. If the person refuses or fails to complete the 
alcohol and other drug program pursuant to Title 5, section 20073-B within 3 months 
after receiving a special license, the Secretary of State, following notice of that refusal or 
failure, shall suspend the special license until the person completes the program. The 
suspension must continue until the Secretary of State receives written notification from 
the Office of SubstaRce Abuse Department of Health and Human Services that the person 
has satisfactorily completed all required components of that program. The Secretary of 
State shall provide notice of suspension and opportunity for hearing pursuant to Title 5, 
chapter 375, subchapter 4. The sole issue at the hearing is whether the person has written 
notification from the Office of SuestaRce Abuse Department of Health and Human 
Services establishing that the person has satisfactorily completed all components of that 
program pursuant to Title 5, section 20073-B. 
Sec. 0-82. 29-A MRSA §2505, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
§2505. 
Special restricted license for participation in education and treatment 
programs 
Notwithstanding other limitations, the Secretary of State may issue a restricted 
license to a person for the purpose of allowing that person to participate in an alcohol and 
drug program or other treatment program determined appropriate by the OffiAA of 
SubstaRce Abuse Department of Health and Human Services. 
Sec. 0-83. 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 Office of Substance Abllse 
Department of Health and Human 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
I 
Sec. 0-84. 32 MRSA §13795, sub-§5, as amended by PL 2007, c. 695, Pt. B, 
§ 18, is further amended to read: 
5. 
Rulemaking. The Direetor of the Offiee of Substanee Abuse within the 
Department Commissioner of Health and Human Services may adopt rules to implement 
this subsectiOll. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
A. If the Director of the Maine Drug Enforcement Agency within the Department of 
Public Safety finds that the ease of availability of liquid, liquid-filled capsule or 
glycerin matrix forms of products containing ephedrine, pseudoephedrine or 
phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in 
combination with other ingredients, referred to in this paragraph as "products," is a 
threat to the public health, safety and welfare, then the Director of the Maine Drug 
Enforcement Agency shall notify the Direetor of the Offiee of StlbstaHee Aause 
Commissioner of Health and Human Services. 
The Direetor of the Offiee of 
Substanee Abuse Commissioner of Health and Human Services shall consult with the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, providing the reasons for undertaking rulemaking, and may, after 
consultation, adopt rules designating the products as targeted methamphetamine 
precursors pursuant to section 13702-A, subsection 33, paragraph B. 
B. If the Director of the Maine Drug Enforcement Agency finds that sales of targeted 
methamphetamine precursors that are made without verifying the identity of the 
purchaser pose a threat to public health, safety and welfare, then the Director of the 
Maine Drug Enforcement Agency shall notify the Direetor of the Offiee of SubstaBee 
Abtlso Commissioner of Health and Human Services. The Direetor of the Omee of 
SuastlHlee Abuse Commissioner of Health and Human Services shall consult with the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, providing the reasons for undertaking rulemaking, and may, after 
consultation, adopt rules requiring a person making a sale of a targeted 
methamphetamine precursor pursuant to section 13796 to demand from the purchaser 
and to inspect and record prior to the sale proof of identification, including valid 
photographic identification, and to keep a log of sales. 
Sec. 0-85. 34-B MRSA §1219, sub-§l, as enacted by PL 1995, c. 431, §2 and 
amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
1. Development of state strategy. The department shall develop a comprehensive 
state strategy for preventing the inappropriate incarceration of seriously mentally ill 
individuals and for diverting those individuals away from the criminal justice system. 
This strategy must be developed with the active participation of other agencies and 
providers responsible for serving persons with serious mental illness, including-:----the 
Def'artmeflt of Health anEl HUffiaH Servieos; the Def'artmont of Corroetions; the 
Def'artmem of Health. anEl HtlffiaH Serviees, Btlfeatl of Medieal Serviees; aHEl 
representatives of community mental health centers, area shelters, other community 
providers, consumers of services and their families, providers of inpatient mental health 
services, advocates for consumers of mental health services, sheriffs' departments.,-the 
Offiee of SubstaHee Abuse and the Department of Public Safety. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "E" to S.P. 600, L.D. 1746 
Sec. 0-86. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"office of substance abuse" are amended to read "substance abuse prevention and 
treatment" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
PARTP 
Sec. P-l. 5 MRSA §1591, sub-§2, ~A, as amended by PL 2011, c. 380, Pt. 
UUU, § 1, is further amended to read: 
A. Any balance remaining in the accounts of the Department of Health and Human 
Services, Bureal:l of Bider and Adult Servioes appropriated for the purposes of 
homemaker or home-based care services at the end of any fiscal year to be carried 
forward for use by either program in the next fiscal year; 
l3 
Sec. P-2. 22 MRSA §3174-I, sub-§l, ~-1, as enacted by PL 1995, c. 170, §2, 
is amended to read: 
B-1. For persons with severe cognitive impairments who have been assessed and 
found ineligible for nursing facility level care, the department, through the Bureau of 
BIder aHd Adult Servioes, its community options unit, shall review the assessment 
and provide case management to assist consumers and caregivers to receive 
appropriate services. 
Sec. P-3. 22 MRSA §3472, sub-§2-A, as amended by PL 2003, c. 653, §2 and c. 
689, Pt. B, §6, is repealed. 
Sec. P-4. 22 MRSA §5104, sub-§2, as amended by PL 1989, c. 329, §8 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. P-5. 22 MRSA §5104, sub-§4, as repealed and replaced by PL 1973, c. 793, 
§3, is repealed. 
Sec. P-6. 22 MRSA §5104, sub-§6, as amended by PL 1989, c. 329, §10 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. P-7. 22 MRSA §5104-A, as enacted by PL 1973, c. 793, §4, is amended to 
read: 
§5104-A. State agencies to cooperate 
State agencies shall cooperate fully with the bureau and oommittee department in 
carrying out this Part. The bureau aad committee are department is authorized to request 
such personnel, financial assistance, facilities and data as are reasonably required to assist 
the bureal:l and oommittee i! to fulfill theff its powers and duties. 
State agencies proposing to develop, establish, conduct or administer programs or to 
assist programs relating to this Part shall, prior to carrying out such actions, consult with 
the bureau department. 
All agencies of State Government shall advise the bureau department of their 
proposed administrative fiscal and legislative activities relating to this Part. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
State agencies, in the implementation of their activities relating to this Part, shall keep 
the ffiu:eaa department fully informed of their progress. 
Sec. P-S. 22 MRSA §5105, as amended by PL 2007, c. 539, Pt. N, §39, is 
repealed. 
Sec. P-9. 22 MRSA §5106, as amended by PL 2011, c. 542, Pt. A, §§39 and 40, is 
further amended to read: 
§5106. Powers and duties 
The ffiu:eaa department shall establish, in accordance with the purposes and intent of 
this Part, with the awAee of the eommittee and sHbjeet to the direetioa of the 
eommissioaer, the overall planning, policy, objectives and priorities for all functions and 
activities conducted or supported in the State whieh that relate to Maine's aging 
population and incapacitated and dependent adults. In order to carry out the above, the 
bureoo shall halle department has the power and duty to: 
1. Encourage and assist development. Encourage and assist development of more 
coordinated use of existing and new resources and services relating to Maine's aging 
population and incapacitated and dependent adults; 
2. Information system. Develop and maintain an up-to-date information system 
related to Maine's aging popUlation and incapacitated and dependent adults. 
The 
information shaH must be available for use by the people of Maine, the political 
subdivisions, public and private nonprofit agencies and the State. Educational materials 
sftal.l. must be prepared, published and disseminated. Objective devices and research 
methodologies shaH must be continuously developed. Maintaining statistical information 
through uniform methods whieh that are reasonably feasible and economically efficient 
shall must be specified for use by public and private agencies, organizations and 
individuals. 
Existing sources of information sftal.l. must be used to the fullest extent 
possible, while maintaining confidentiality safeguards of state and federal law. 
Information may be requested and shall be received from any State GOl/ernmeHt state 
government or public or private agency. 
To the extent reasonable and feasible, 
information shall must maintain compatibility with federal information sharing standards. 
Functions of this information system sftal.l. include, but are not be limited to: 
A. Conducting research on the causes and nature of problems relating to Maine's 
aging population and incapacitated and dependent adults; 
B. Collecting, maintaining and disseminating such knowledge, data and statistics 
related to Maine's aging population and incapacitated and dependent adults as will 
enable the bufeau department to fulfill its responsibilities; 
C. Determining through a detailed survey the extent of problems relating to Maine's 
aging population and incapacitated and dependent adults and the needs and priorities 
for solving such problems in the state and political subdivisions; 
D. Maintaining an inventory of the types and quantity of facilities, programs and 
services operated under public or private auspices for Maine's aging population and 
incapacitated and dependent adults. This function shall must include~ the 
unduplicated count, location and characteristics of people served by each facility, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "E" to S.P. 600. L.D. 1746 
program or service; and the amount, type and source of resources supporting 
functions related to Maine's aging population and incapacitated and dependent adults; 
and 
E. Conducting a continuous evaluation of the impact, quality and value of facilities, 
programs and services, including their administrative adequacy and capacity. 
Activities operated by or with the assistance of the State and the Federal 
GoveFBffieats Government must be evaluated. Activities to be included, but to which 
the ffilreaH department is not limited, are those relating to education, employment and 
vocational services, income, health, housing, transportation, community, social, 
rehabilitation, protective services and public guardianship or conservatorship for 
older people and incapacitated and dependent adults and programs such as the 
supplemental security income program, Medicare, Medicaid, property tax refunds 
and the setting of standards for the licensing of nursing, intermediate care and 
boarding homes. Included are activities as authorized by this and so much of the 
several Acts and amendments to them enacted by the people of the State and those 
authorized by United States Acts and amendments to them such as the: 
(1) Elderly Householders Tax and Rent Refund Act of 1971; 
(2) Priority Social Services Act of 1973; 
(3) Chapter 470 of the public laws of 1969 creating the State Housing Authority; 
(4) United States Social Security Act of 1935; 
(5) United States Housing Act of 1937; 
(6) United States Older Americans Act of 1965; 
(7) United States Age Discrimination Act of 1967; 
(8) Home Based Care Act of 1981; 
(9) Congregate Housing Act of 1979; 
(10) Adult Day Care Services Act of 1983; 
(11) Adult Day Care Licensing Act of 1987; 
(12) Adult Protective Services Act of 1981; 
(13) The Uniform Probate Code, Title I8-A; 
(14) The Americans with Disabilities Act of 1990; 
(15) The Developmental Disabilities Assistance and Bill of Rights Act of 2000; 
and 
(16) The ADA Amendments Act of2008; 
3. Coordination of efforts. Assist, 'lAth the asyiee of the eOImHiftee, the Legislative 
and Executive Branches of State Government, especially the Governor, GOmnHssioaer of 
Health and Hurnaa Serviees and the Bureau of the Budget, to coordinate all State 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Government efforts relating to Maine's aging population and incapacitated and dependent 
adults, by: 
A. Submitting to each branch of State Government no later than September 1 st of 
each year an annual report covering its activities for the immediately past fiscal year 
and future plans, including recommendations for changes in state and federal laws, 
aRd iRoludiRg reports of the committee; 
B. 
Reviewing all proposed legislation, fiscal activities, plans, policies and other 
administrative functions relating to Maine's aging population and incapacitated and 
dependent adults made by or requested of all state agencies. The blireali shall aa¥e 
department has the authority to submit to those bodies findings, comments and 
recommendations, which shall be are advisory. Such findings and comments shall 
must recommend what modification in proposals or actions shall be takeR is required 
to make proposed legislation, fiscal activities and administrative activities consistent 
with such policies and priorities; and 
C. Making recommendations to the respective branches of State Government related 
to improving the quality of life of Maine's aging population and incapacitated and 
dependent adults~ and shall consult with and be consulted by all responsible state 
agencies regarding the policies, priorities and objectives of functions related to 
Maine's aging population and incapacitated and dependent adults; 
4. Comprehensive state plan. Prepare and administer a comprehensive state plan 
relating to Maine's aging population and incapacitated and dependent adults, developed 
by the blireau with the advioe of the committee and department subject to the direction of 
the commissioner. The comprehensive state plan shall must be implemented for the 
purpose of coordinating all activities and of assuring compliance with applicable state and 
federal laws and regulations relating to Maine's aging population and incapacitated and 
dependent adults. Implementation of this duty shall meaR means that the bureali shall 
fta¥e department has the authority, through a review process, to advise on the preparation 
and administration of any portion of any state plan relating to Maine's aging population 
and incapacitated and dependent adults, prepared and administered by any agency of 
State Government for submission to the Federal Government to obtain federal funding 
under federal legislation. Such state plans, or portions thereof, shall must include, but are 
not be limited to, all state plans dealing with education, employment and vocational 
services, income, health, housing, protective services, public guardianship and 
conservatorship, rehabilitation, social services, transportation and welfare. The bw=eau 
department shall advise the commissioner and Governor on preparation of and provisions 
to be included in such plans relating to Maine's aging population and incapacitated and 
dependent adults; 
5. Programs. Plan, establish and maintain necessary or desirable programs for 
individuals or groups of individuals. The bureau department may use the full range of its 
powers and duties to serve Maine's aging population and incapacitated and dependent 
adults through indirect services provided by agreement and through direct services 
provided by state employees; 
6. Organizational unit. Function as the organizational unit of State Government 
with sole responsibility for conducting and coordinating, 'with the advice of the 
committee aad subject to the direction of the commissioner, programs authorized by this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
Part and so much of the several Acts, amendments and successors to them enacted by the 
people of the State and those authorized by the United States Acts, amendments and 
successors to them as relate to Maine's aging population and incapacitated and dependent 
adults: 
A. The 1973 Act of Maine's Elderly; 
B. The Priority Social Service Act of 1973, including only meals for older people, 
transportation for older people and coordinated elderly programs; 
C. The United States Older Americans Act of 1965; and 
D. Adult Protective Services Act of 1981. 
The ~ 
department is designated as the single agency of State Government solely 
responsible for administering, subject to the direction of the commissioner, any state 
plans as may be required by the above Acts, and for administering programs of Acts of 
the State or United States relating to Maine's aging population and incapacitated and 
dependent adults wffieH that are not the specific responsibility of another state agency 
under state or federal law; 
7. 
Mobilize resources. 
Help communities mobilize their resources to benefit 
Maine's aging population and incapacitated and dependent adults. The ~ 
department 
shall provide or coordinate the provision of information, technical assistance and 
consultation to state, regional and local governments, and to public and private nonprofit 
agencies, institutions, organizations and individuals. The help shall Be is for the purpose 
of encouraging, developing and assisting with the initiation, establishment and 
administration of any plans, programs or services with a view to the establishment of a 
statewide network of comprehensive, coordinated services and opportunities for Maine's 
aging population and incapacitated and dependent adults. 
Included in this duty is 
authority to coordinate the efforts and enlist the assistance of all public and private 
agencies, organizations and individuals interested in Maine's aging population and 
incapacitated and dependent adults; 
8. Funds. Seek and receive funds from the Federal Government and private sources 
to further its activities. Included in this function is authority to solicit, accept, administer, 
disburse and coordinate for the State in accordance with the intent, objectives and 
purposes of this Part; and within any limitation whish that may apply from the sources of 
such funds, the efforts to obtain and the use of any funds from any source to benefit 
Maine's aging population and incapacitated and dependent adults. Any gift of money or 
property made by will or otherwise, and any grant or other funds appropriated, services or 
property available from the Federal Government, the State or any political subdivision 
thereof and from all other sources, public or private, may be accepted and administered. 
The ~ 
department may do all things necessary to cooperate with the Federal 
Government or any of its agencies in making application for any funds. Included in this 
duty is authority to advise regarding the disbursement of all state funds, or funds 
administered through agencies of State Government, appropriated or made available to 
benefit Maine's aging population and incapacitated and dependent adults; 
9. Agreements. Enter into agreements necessary or incidental to the performance of 
its duties. Included is the power to make agreements with qualified community, regional 
and state level, private nonprofit and public agencies, organizations and individuals in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
this and other states to develop or provide facilities, programs and services for Maine's 
aging population and incapacitated and dependent adults. 
Agreements with such 
agencies, organizations and individuals shall may be executed only with agencies 
reviewed by the sOHllIlittee plifSl:lant to sestion 5112, s$seetion 4, and the area agency 
pursuant to section 5116, subsection 1, paragraph B. The bl:lfeal:l department may engage 
expert advisors and assistants, who may serve without compensation or may be 
compensated to the extent funds may be available by appropriation, grant or allocation 
from a state department. The bl:lfeal:l department may pay for such expert advisors or 
assistants; 
to. Rules. Prepare, adopt, amend, rescind and administer, 'Nith the advise of tho 
eommittee and subject to the direction of the commissioner, policies, priorities, 
procedures, and rules and reglllations to govern its affairs and the development and 
operation of facilities, programs and services. The bl:lfeal:l department may adopt rules to 
carry out the powers and duties pursuant to this Part and in accordance with the purpose 
and objectives of this Part. It shall especially adopt such rules and regtilations as may be 
necessary to define contractual terms, conditions of agreements and all other rules as are 
necessary for the proper administration of this Part. Such adoption, amendment and 
rescission shall must be made as provided under the Maine Administrative Procedure 
Act, Title 5, 6hapter 375; 
11. Educational program. Develop and implement, as an integral part of programs, 
an educational program. Assist; assist in the development of, and cooperation with, 
educational programs for employees of state and local governments and businesses and 
industries in the State. Convene; and convene and conduct conferences of public and 
private nonprofit organizations concerned with the development and operation of 
programs for Maine's aging population and incapacitated and dependent adults. Included 
shall be is the power to sponsor in 6ooaeration Y/ith the 6ommittoo the Blaine House 
Conference on Aging; 
tt-A. Elderly Legal Services Program. Support and maintain an Elderly Legal 
Services Program, by agreement with such nonprofit organization as the bl:lfea.H 
department finds best able to provide direct services to those of Maine's elderly in 
greatest economic and social need throughout the State; 
11-B. Adult protective services. Administer a program of protective services as 
provided in chapter 958-A designed to protect incapacitated and dependent adults from 
abuse, neglect, exploitation and physical danger. The program is described in the Adult 
Protective Services Act; 
ll-C. Long-term care ombudsman program. Support and maintain a long-term 
care ombudsman program, in accordance with the federal 1987 Older Americans Act, 42 
United States Code, as amended, by agreement with such nonprofit organization as the 
bl:lreal:l department finds best able to provide the services; 
12. Training programs. Foster, develop, organize, conduct or provide for the 
conduct of training programs for persons in the field of serving Maine's aging population 
and incapacitated and dependent adults; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
13. Coordinate activities. Coordinate activities and cooperate with programs in this 
and other states for the common advancement of programs for Maine's aging population 
and incapacitated and dependent adults; and 
14. Establish and maintain an offiee. Esf:ablish aNd maiNtaiN aN omoe: and 
15. 
Duties. 
Do such other acts and exercise such other powers necessary or 
convenient to execute and carry out the purposes and authority expressly granted in this 
Part. 
Sec. P-I0. 22 MRSA §5304, sub-§3, as amended by PL 1989, c. 329, §19 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. P-ll. 22 MRSA §5304, sub-§9, as amended by PL 1989, c. 329, §20 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. P-12. 22 MRSA §6108, as amended by PL 1989, c. 329, §21 and PL 2003, c. 
689, Pt. B, §6, is further amended to read: 
§6108. Administration of priority social services for Maine's elderly 
The Bureau of Elder and Adult 8erviees, Department of Health and Human Services 
or its successors, is designated as the organizational unit of State Government with sale 
responsibility for administrating, \.vith the adviee of the Maine Committee on Aging, and 
subject to the direction of the commissioner, so much of the Priority Social Services 
Program as relates directly to older people, such as, but not limited to, these types of 
social services: Meals meals for older people, transportation for older people and health 
and home care needs for the elderly. 
Regarding priority social services for older people, the Bureau of BIder and Adult 
8erviees shall have department has the powers and duty to: 
1. 
Administer priority social services. 
Administer priority social services in 
accordance with the intent, objectives and purposes of this Part and shall have has, in any 
respects that relate to these priority social services, the powers and duties set forth in 
section 5310; and 
2. Action to ensure consistency of priority social services. Prepare, adopt, amend, 
rescind and administer, '.'lith the adviee of the Maine Committee On Aging, policies, 
priorities, procedures, and rules and regulations. The Bureau of BIder and Adult 8efv4ees 
department and the Department of Administrative and Financial Services, Bureau of 
Human Resources, respectively, shall take, pertaining to their own policies, priorities, 
procedures; and rules and regulations, such action as is necessary to ffis:m:e ensure that 
such items pertinent to priority social services are consistent. 
Sec. P-13. 22 MRSA §6202, sub-§5, as amended by PL 1989, c. 347, §5 and c. 
878, Pt. B, §19; and PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. P-14. 22 MRSA §7861, first~, as enacted by PL 2001, c. 596, Pt. A, §1 and 
affected by Pt. B, §25 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
The Department of Health and Human Services, Bureau of Elder and Adult 8erviees, 
with advice from the Maine State Housing Authority, the Rural Housing Services or any 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
other housing agency financing assisted housing programs, shall administer state-funded 
assisted housing programs. Administration must include, but is not limited to: 
Sec. P-15. 36 MRSA §6220, as amended by PL 1997, c. 668, §40, is further 
amended to read: 
§6220. Coordination required 
The bureau shall seek the advice and cooperation of the Bureau of Elser EH'lS AElalt 
Department of Health and Human Services; the Bureau of Family InsetJeHseHee; the 
Bureau of Chils EH'lS Family Serviees; advocates for elderly and low-income individuals; 
and other interested agencies and organizations in developing the application form and 
instruction booklet for the Maine Residents Property Tax Program and the outreach plan 
required by section 6219. 
Sec. P-16. 38 MRSA §1652, sub-§3, as amended by PL 1989, c. 878, Pt. B, §43, 
is further amended to read: 
3. 
Meals on wheels. 
A food service funded in whole or in part, directly or 
indirectly, by the Bureau of Elser aHd AElalt Department of Health and Human Services 
to provide meals at dispersed locations from central kitchen facilities is exempt. 
Sec. P-17. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 1453, in the chapter headnote, the words 
"bureau of elder and adult services" are amended to read "elder and adult services" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
PART Q 
Sec. Q-l. 34-B MRSA §5439, sub-§l, ~C, as reallocated by PL 2007, c. 695, Pt. 
A, §41, is repealed. 
Sec. Q-2. 34-B MRSA §5439, sub-§§2 to 4, as reallocated by PL 2007, c. 695, 
Pt. A, §41, are amended to read: 
2. Program administration. The efHee commissioner shall administer the program 
under this section. Within available funds, the efHee commissioner shall ensure that 
services are delivered in the most comprehensive manner possible and shall strive to 
maximize the participation of adults with disabilities. 
3. Eligibility. An applicant is eligible for personal care assistance services under the 
program if the efHee commissioner or its the commissioner's designee determines that the 
person is an adult who: 
A. Has a severe disability; 
B. Needs personal care assistance services or an attendant at night or both to prevent 
or remove the adult from inappropriate placement in an institutional setting; and 
C. Has no or insufficient personal income or other support from public services, 
family members or neighbors. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
4. Consumer cost sharing. The effiee commissioner shall establish a sliding scale 
for consumer cost sharing for services provided under the program. The sliding scale 
must be based on the net income of the consumer, factoring in the expenses associated 
with the consumer's disability, and may take assets into consideration. 
Sec. Q-3. 34-B MRSA §5439, sub-§5, "s, as reallocated by PL 2007, c. 695, Pt. 
A, §41, is amended to read: 
B. For each applicant or consumer evaluated by an evaluation team, the team shall 
assist the effiee department to: 
(1) Determine the eligibility of the applicant or consumer for services under the 
program; 
(2) 
Determine the capability of the applicant or consumer, at the time of 
evaluation or after skills training provided pursuant to subsection 6, to hire and 
direct a personal care assistant; and 
(3) Reevaluate the applicant or consumer periodically to determine continuing 
need for the services. 
Sec. Q-4. 34-B MRSA §19001, sub-§§l and 3, as enacted by PL 2007, c. 239, 
§2, are amended to read: 
1. Council established. The Acquired Brain Injury Advisory Council, referred to in 
this section as "the council," is established to provide independent oversight and advice 
and to make recommendations to the commissioner, the Direotor of the Office of Adults 
with COgBitive afld Physieal Disability Services V/ithin the department, the Director of the 
Maine Center for Disease Control and Prevention withia the department ana the Director 
of the Offioe ofMaiaeCare Servioes withia the aepartmeat. 
3. Administrative support. The manager of araia injury servioes ia the Office of 
Adults with COgBitive ana Physioal Disability Servioes within the department shall 
provide administrative support to the council. 
PARTR 
Sec. R-l. 34-B MRSA §3861, sub-§3, "s, as enacted by PL 2007, c. 580, §2, is 
amended to read: 
B. The provisions of this paragraph apply to the appointment, duties and procedures 
of the clinical review panel under paragraph A. 
(1) 
Within one business day of receiving a request under paragraph A, the 
superintendent of a state mental health institute or chief administrative officer of 
a designated nonstate mental health institution or that person's designee shall 
appoint a clinical review panel of 2 or more licensed professional staff who do 
not provide direct care to the patient. At least one person must be a professional 
licensed to prescribe medication relevant to the patient's care and treatment. At 
the time of appointment of the clinical review panel, the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
mental health institution or that person's designee shall notify the following 
persons in writing that the clinical review panel will be convened: 
(a) The primary treating physician; 
(b) The direetsr sf the Offiee sf Adtllt Mental Health Services within the 
de",artmeRt or that oerSOR's commissioner or the commissioner's designee; 
(c) The patient's designated representative or attorney, if any; 
(d) The State's designated federal protection and advocacy agency; and 
(e) The patient. Notice to the patient must inform the patient that the clinical 
review panel will be convened and of the right to assistance from a lay 
advisor, at no expense to the patient, and the right to obtain an attorney at the 
patient's expense. The notice must include contact information for requesting 
assistance from a lay advisor, who may be employed by the institute or 
institution, and access to a telephone to contact a lay advisor must be 
provided to the patient. 
(2) Within 4 days of receiving a request under paragraph A and no less than 24 
hours before the meeting of the clinical review panel, the superintendent of a 
state mental health institute or chief administrative officer of a designated 
nonstate mental health institution or that person's designee shall provide notice of 
the date, time and location of the meeting to the patient's primary treating 
physician, the patient and any lay advisor or attorney. 
(3) The clinical review panel shall hold the meeting and any additional meetings 
as necessary, reach a final determination and render a written decision ordering 
or denying involuntary treatment. 
(a) 
At the meeting, the clinical review panel shall receive information 
relevant to the determination of the patient's capacity to give informed 
consent to treatment and the need for treatment, review relevant portions of 
the patient's medical records, consult with the physician requesting the 
treatment, review with the patient that patient's reasons for refusing 
treatment, provide the patient and any lay advisor or attorney an opportunity 
to ask questions of anyone presenting information to the clinical review panel 
at the meeting and determine whether the requirements for ordering 
involuntary treatment have been met. 
(b) All meetings of the clinical review panel must be open to the patient and 
any lay advisor or attorney, except that any meetings held for the purposes of 
deliberating, making findings and reaching final conclusions are confidential 
and not open to the patient and any lay advisor or attorney. 
(c) The clinical review panel shall conduct its review in a manner that is 
consistent with the patient's rights. 
(d) Involuntary treatment may not be approved and ordered if the patient 
affirmatively demonstrates to the clinical review panel that if that patient 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT liB" to S.P. 600, L.D. 1746 
possessed capacity, the patient would have refused the treatment on religious 
grounds or on the basis of other previously expressed convictions or beliefs. 
(4) The clinical review panel may approve a request for involuntary treatment 
and order the treatment if the clinical review panel finds, at a minimum: 
(a) 
That the patient lacks the capacity to make an informed decision 
regarding treatment; 
(b) That the patient is unable or unwilling to comply with the proposed 
treatment; 
(c) That the need for the treatment outweighs the risks and side effects; and 
(d) That the proposed treatment is the least intrusive appropriate treatment 
option. 
(5) The clinical review panel may make additional findings, including but not 
limited to findings that: 
(a) Failure to treat the illness is likely to produce lasting or irreparable harm 
to the patient; or 
(b) 
Without the proposed treatment the patient's illness or involuntary 
commitment may be significantly extended without addressing the symptoms 
that cause the patient to pose a likelihood of serious harm. 
(6) 
The clinical review panel shall document its findings and conclusions, 
including whether the potential benefits of the proposed treatment outweigh the 
potential risks. 
Sec. R-2. 34-B MRSA §3861, sub-§3, ~, as enacted by PL 2007, c. 580, §2, is 
amended to read: 
D. 
If the clinical review panel under paragraph A approves the request for 
involuntary treatment, the clinical review panel shall enter an order for the treatment 
in the patient's medical records and immediately notify the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate mental 
health institution. The order takes effect: 
(1) For a patient at a state mental health institute, one business day from the date 
of entry of the order; or 
(2) For a patient at a designated nonstate mental health institution, one business 
day from the date of entry of the order, except that if the patient has requested 
review of the order by the direotor of the Offioe of Adult Mental Health SeF't'ices 
withiH the deflartment commissioner under paragraph F, subparagraph (2), the 
order takes effect one business day from the day on which the direetor 
commissioner or the commissioner's designee issues a written decision. 
Sec. R-3. 34-B MRSA §3861, sub-§3, ~, as enacted by PL 2007, c. 580, §2, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "B" to S.P. 600, L.D. 1746 
E. The order for treatment under this subsection remains in effect for 120 days or 
until the end of the period of commitment, whichever is sooner, unless altered by: 
(1) An agreement to a different course of treatment by the primary treating 
physician and patient; 
(2) For a patient at a designated nonstate mental health institution, modification 
or vacation of the order by the director of the Office of Adult MeRtal Health 
Services vlithiR the def)artmeRt commissioner or the commissioner's designee; or 
(3) 
An alteration or stay of the order entered by the Superior Court after 
reviewing the entry of the order by the clinical review panel on appeal under 
paragraph F. 
Sec. R-4. 34-B MRSA §3861, sub-§3, ~, as enacted by PL 2007, c. 580, §2, is 
amended to read: 
F. The provisions of this paragraph apply to the review and appeal of an order of the 
clinical review panel entered under paragraph B. 
(1) The order of the clinical review panel at a state mental health institute is final 
agency action that may be appealed to the Superior Court in accordance with 
Rule 80C of the Maine Rules of Civil Procedure. 
(2) The order of the clinical review panel at a designated nonstate mental health 
institution may be reviewed by the director of the Office of Adult MeRtal Health 
Serviees within the dOflartmeBt or the designee of the direetor commissioner or 
the commissioner's designee upon receipt of a written request from the patient 
submitted no later than one day after the patient receives the order of the clinical 
review panel. Within 3 business days of receipt of the request for review, the 
director or commissioner or the commissioner's designee shall review the full 
clinical review panel record and issue a written decision. The decision of the 
director or commissioner or the commissioner's designee may affirm the order, 
modify the order or vacate the order. 
The decision of the director or 
commissioner or the commissioner's designee takes effect one business day after 
the director or commissioner or the commissioner's designee issues a written 
decision. The decision of the director or commissioner or the commissioner's 
designee is final agency action that may be appealed to the Superior Court in 
accordance with Rule 80C of the Maine Rules of Civil Procedure. 
PARTS 
Sec. S-1. 22 MRSA §7924, sub-§l, as amended by PL 2009, c. 1, Pt. S, §1, is 
further amended to read: 
1. Alleged violations reported and investigated. Any person who believes that any 
of those rules governing the licensure of long-term care facilities or the operation of 
assisted living programs and services authorized pursuant to section 7853 adopted by the 
department pertaining to residents' rights and conduct of resident care has been violated 
may report the alleged violation to the protection and advocacy agency designated 
pursuant to Title 5, section ~ 
19502; the long-term care ombudsman pursuant to 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "B" to S.P. 600, L.D. 1746 
section 5106, subsection ll-C and section 5107 -A; the Office of Advocacy IHlfsuaat to 
Title 34 B, seotios 5005; and any other agency or person whom the commissioner may 
designate. 
Sec. S-2. 34-B MRSA §1223, sub-§9, V, as enacted by PL 2007, c. 356, §7 and 
affected by c. 695, Pt. D, §3, is amended to read: 
F. The board may refer individual cases that require investigation or action to the 
Office of Adults with Cogaitivo aad Physical Disability Services or the Office of 
Advocacy withis the department, the protection and advocacy agency designated 
pursuant to Title 5, section 19502 or other appropriate agency. 
Sec. S-3. 34-B MRSA §1223, sub-§10, ~, as amended by PL 2011, c. 542, Pt. 
A, §68, is further amended to read: 
B. The chief advocate asd the masager of adult protective services is the Office of 
Adults with Cogaiti'i'e aad Physical Disability Services 'Nithia advocacy agency 
designated pursuant to Title 5, section 19502, or the department, when requested by 
the board or pursuant to a written agreement with the board, shall release to the board 
information pertaining to alleged abuse, exploitation or neglect or alleged 
dehumanizing practice or violation of rights of a person with intellectual disabilities 
or autism. The board shall maintain the confidentiality of information disclosed to it 
or discovered by it as required by section 1207. 
Sec. 8-4. 34-B MRS A §5005, as amended by PL 2011, c. 542, Pt. A, §§85 to 90, 
is repealed. 
Sec. S-5. 34-B MRS A §5005-A is enacted to read: 
§5005-A. Advocacy agency 
1. Agency. The department shall contract with the agency designated pursuant to 
Title 5, section 19502, referred to in this section as "the agency," to provide the services 
described in subsection 2 to individuals with intellectual disabilities or autism. 
2. Duties. The department shall contract with the agency to: 
A. 
Receive complaints made by or on behalf of individuals with intellectual 
disabilities or autism and represent their interests in any matter pertaining to their 
rights and dignity; 
B. Investigate the claims, grievances and allegations of violations of the rights of 
individuals with intellectual disabilities or autism; 
C. Intercede on behalf of individuals with intellectual disabilities or autism with 
officials of any provider of service administered, licensed or funded by the 
department, except that the agency may refuse to take action on any complaint that it 
considers to be trivial or moot or for which there is clearly another remedy available; 
D. 
Assist individuals with intellectual disabilities or autism in any hearing or 
grievance proceeding pertaining to their rights and dignity; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
E. 
Refer individuals with intellectual disabilities or autism to other agencies or 
entities and collaborate with those agencies or entities for the purpose of advocating 
for the rights and dignity of those individuals; 
F. 
Act as an information source regarding the rights of all individuals with 
intellectual disabilities or autism, keeping itself informed about all laws, 
administrative rules and institutional and other policies relating to the rights and 
dignity of those individuals and about relevant legal decisions and other 
developments related to the fields of mental health, intellectual disabilities and 
autism, both in this State and in other parts of the country; and 
G. Make and publish reports necessary to the performance of the duties described in 
this section. The agency may report its findings to groups outside the department, 
such as legislative bodies, advisory committees, commissions, law enforcement 
agencies and the press. At least annually, the agency shall report both in person and 
in writing to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters regarding the performance of the duties described 
in this section. 
3. Participate in personal planning. The agency may participate in personal 
planning when the agency has concerns regarding the rights or dignity of a person with 
intellectual disabilities or autism. A person has the right to refuse such participation. 
4. Access to files and records. The agency has access, limited only by the civil 
service law, to the files, records and personnel of any provider of services administered, 
licensed or funded by the department and to all reports and related documents submitted 
pursuant to section 5604-A. 
5. Confidentiality. Requests for confidentiality are treated as follows. 
A. Any request by or on behalf of an individual with intellectual disabilities or 
autism for action by the agency and all written records or accounts related to the 
request are confidential as to the identity of the individual. 
B. The records and accounts under paragraph A may be released only as provided by 
law. 
Sec. S-6. 34-B MRSA §S470-B, sub-§7,~, as enacted by PL 2007, c. 356, §21 
and affected by §31, is amended to read: 
B. 
The department shall provide the Offiee of Advoeaey advocacy agency 
designated pursuant to Title 5, section 19502 with sufficient advance notice of all 
scheduled personal planning meetings to permit the effiee advocacy agency to 
determine if the attendance or participation of an advocate in the planning process is 
appropriate pursuant to the duties and responsibilities of the effiee advocacy agency. 
Sec. S-7. 34-B MRSA §5604, sub-§3, ~A, as amended by PL 2011, c. 542, Pt. 
A, §127, is further amended to read: 
A. The department shall provide easily accessible and regular notice of the grievance 
process to persons with intellectual disabilities or autism served by the department. 
This notice must be included in informational materials provided to such persons, as 
well as to guardians, families, correspondents and allies. Notice of the right to appeal 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
must be prominently displayed in regional offices and on the department's publicly 
accessible website and must be readily available from provider agencies. Notice of 
the right to appeal must be included in all substantive correspondence regarding 
personal planning. Written notice of the right to appeal must also be provided when 
there is a denial or reduction of services or supports to persons served by the 
department. All notices and information regarding the grievance process must be 
written in language that is plain and understandable and must include the address and 
telephone number of the Offiee of Advocaey and the protection and advocacy agency 
designated pursuant to Title 5, section 19502. 
Sec. S-8. 34-B MRSA §5604-A, sub-§3, as amended by PL 2011, c. 542, Pt. A, 
§ 128, is further amended to read: 
3. Violation. All persons with knowledge of an alleged violation of the rights of an 
individual with an intellectual disability or autism as set out in section 5605 shall 
promptly report the details of the alleged violation to the Office of Advocacy advocacy 
agency designated pursuant to Title 5, section 19502 as set forth in department rules. 
Sec. S-9. 34-B MRSA §5605, sub-§13, ~, as amended by PL 2011, c. 186, Pt. 
A, §27, is further amended to read: 
B. Behavior modification and behavior management programs may be used only to 
correct behavior more harmful to the person than the program and only: 
(1) On the recommendation of the person's personal planning team; 
(2) For an adult 18 years of age or older, with the approval, following a case-by-
case review, of a review team composed of an advocate a representative from the 
Offiee of Advoeacy; a represeatati't'e designated by the Office of Adtdts with 
Cognitive and Physical Disability Services; department, a representative from the 
advocacy agency designated pursuant to Title 5, section 19502 and a 
representative designated by the Maine Developmental Services Oversight and 
Advisory Board; and 
(3) For a child under 18 years of age, with the approval, following a case-by-
case review, of a review team composed of an advocate a representative from the 
Offioe of Adyooaoy advocacy agency designated pursuant to Title 5, section 
19502, a team leader of the department's children's services division and the 
children's services medical director or the director's designee. Until rules are 
adopted by the department to govern behavioral treatment reviews for children, 
the team may not approve techniques any more aversive or intrusive than are 
permitted in rules adopted by the Secretary of the United States Department of 
Health and Human Services regarding treatment of children and youth in 
nonmedical community-based facilities funded under the Medicaid program. 
Sec. S-10. 34-B MRSA §5605, sub-§14-A, as amended by PL 2011, c. 542, Pt. 
A, § 129, is further amended to read: 
14-A. Restraints. A person with an intellectual disability or autism is entitled to be 
free from restraint unless: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
A. The restraint is a short-term step to protect the person from imminent injury to 
that person or others; or 
B. 
The restraint has been approved as a behavior management program in 
accordance with this section. 
A restraint may not be used as punishment, for the convenience of the staff or as a 
substitute for habilitative services. 
A restraint may impose only the least possible 
restriction consistent with its purpose and must be removed as soon as the threat of 
imminent injury ends. A restraint may not cause physical injury to the person receiving 
services and must be designed to allow the greatest possible comfort and safety. 
Daily records of the use of restraints identified in paragraph A must be kept, which may 
be accomplished by meeting reportable event requirements. 
Daily records of the use of restraints identified in paragraph B must be kept, and a 
summary of the daily records pertaining to the person must be made available for review 
by the person's planning team, as defined in section 5461, subsection 8-C, on a schedule 
determined by the team. The review by the personal planning team may occur no less 
frequently than quarterly. The summary of the daily records must state the type of 
restraint used, the duration of the use and the reasons for the use. A monthly summary of 
all daily records pertaining to all persons must be relayed to the ()ffil'll'l Af A (hrAI'lRI'l" 
advocacy agency designated pursuant to Title 5, section 19502. 
Sec. S-I1. 34-B MRSA §5606, sub-§I, as amended by PL 2007, c. 356, §26 and 
affected by §3l, is further amended to read: 
1. 
Report and investigation. Any alleged violation of the rights of a person 
receiving services must be reported immediately to the Offioe of Aavooaoy witkin the 
aef)artmeat advocacy agency designated pursuant to Title 5, section 19502, referred to in 
this subsection as "the agency," and to the Attorney General's office. 
A. The Offioe of Advooaoy agency shall conduct an investigation of each alleged 
violation pursuant to section ~ 
5005-A. 
B. The Office of Advooacy agency shall submit a written report of the findings and 
results of the investigation to the chief administrative officer of the facility in which 
the rights of the person receiving services were allegedly violated and to the 
commissioner within 2 working days after the day of the occurrence or discovery of 
the alleged incident. 
Sec. S-12. 34-B MRSA §5608, sub-§2, as amended by PL 2011, c. 186, Pt. A, 
§36, is further amended to read: 
2. Duties. The residential council shall work closely with the Offioe of AEittlts 'Nitk 
Cognitive aHa Physical Disaaili~ Services department and the Office of Aavocaoy 
advocacy agency designated pursuant to Title 5, section 19502 to promote the interests 
and welfare of all persons receiving services from the provider. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "B" to S.P. 600, L.D. 1746 
PARTT 
Sec. T-l. Restructuring. The Commissioner of Health and Human Services shall 
review the current organizational structure, systems and operations of the Department of 
Health and Human Services and restructure the department in order to achieve the 
provisions of this Act. Notwithstanding any other provision of law, the State Budget 
Officer shall transfer positions, appropriations and allocations between accounts and line 
categories by financial order upon approval of the Governor in order to achieve the 
provisions of this Act. Transfers by the State Budget Officer made prior to September 1, 
2012 are considered adjustments to authorized position count, appropriations and 
allocations in fiscal year 2012-13. On or before December 1, 2012, the commissioner 
and the State Budget Officer shall provide the joint standing committees of the 
Legislature having jurisdiction over health and human services matters and appropriations 
and financial affairs a report outlining the progress towards the new organizational 
structure and any transferred amounts. On or before June 30, 2013, the commissioner and 
the State Budget Officer shall provide the joint standing committees of the Legislature 
having jurisdiction over health and human services matters and appropriations and 
financial affairs a report updating the progress towards the new organizational structure 
and any transferred amounts made subsequent to the December 1,2012 report.' 
SUMMARY 
PART A 
This Part makes appropriations and allocations. 
",,23-
PARTB 
This Part transfers $1,500,000 from the available balance in the Administrative 
Services - Professional and Financial Regulation program, Other Special Revenue Funds 
account within the Department of Professional and Financial Regulation to the General 
Fund unappropriated surplus at the close of fiscal year 2012-13. 
PARTe 
This Part does the following. 
1. It increases the cap on the combined amount that the Finance Authority of Maine 
may have in its Loan Insurance Reserve and Maine Mortgage Insurance Fund from 
$35,000,000 to $40,000,000. 
2. It also increases the amount required to be paid by the Finance Authority of Maine 
from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue 
by June 30, 2013 from $1,000,000 to $3,000,000. 
PARTD 
This Part transfers $5,000,000 from the General Fund unappropriated surplus to the 
Maine Budget Stabilization Fund during fiscal year 2012-13. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to S.P. 600, L.D. 1746 
PARTE 
This Part transfers $500,000 from the Ground Water Oil Clean-up Fund, Other 
Special Revenue Funds account in the Department of Environmental Protection to 
General Fund unappropriated surplus at the close of fiscal year 2012-13. 
PARTF 
This Part requires the Department of Health and Human Services to develop and 
implement a MaineCare provider fraud investigation plan to achieve $5,500,000 in 
General Fund savings in fiscal year 2012-13. The Commissioner of Health and Human 
Services must submit the plan by November 1,2012 to the Joint Standing Committee on 
Appropriations and Financial Affairs and the Joint Standing Committee on Health and 
Human Services, which must respond to the commissioner with any recommended 
changes to the plan by December 1, 2012. The commissioner must make monthly 
progress reports on the MaineCare provider fraud investigation to the committees. 
PARTG 
This Part establishes the 2012 Maine Use Tax Compliance Program to run from 
September 1, 2012 to November 30, 2012 to facilitate the discovery and recovery of 
unreported use tax. The program provides for the waiver of penalties if the tax and 
interest are paid during the program period, absolves participating taxpayers meeting the 
conditions of the program from further liability for use taxes incurred prior to January 1, 
2012 and absolves such taxpayers from liability for criminal prosecution and civil 
penalties related to those taxes. 
PARTH 
This Part continues MaineCare funding for critical access hospitals at 109% of 
MaineCare allowable costs for both inpatient and outpatient services and continues 
funding for critical access hospital staff enhancement payments, both effective 
retroactively to April 1, 2012. 
This Part also repeals the provisions in current law 
requiring the Department of Health and Human Services to change to a system of 
reimbursement to 
critical 
access 
hospitals 
for 
inpatient 
services 
based on 
diagnosis-related groupings and for outpatient services based on ambulatory payment 
classifications. 
PART I 
This Part repeals the restriction on MaineCare reimbursement for opioid drugs 
enacted in Public Law 2011, chapter 477, Part 0 and enacts a replacement protocol for 
prescribing and requirements for reimbursement for opioid drugs. 
PARTJ 
This Part creates the MaineCare Restructuring Task Force to make recommendations 
on the redesign and restructuring of the MaineCare program, including identifying 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "S" to S.P. 600, L.D. 1746 
strategies for cost containment and cost reduction and analyzing the potential for 
elimination of duplication and inefficiencies and implementation of best service delivery 
practices. The task force is directed to establish the target of achieving $10,000,000 in 
General Fund savings in fiscal year 2012-13. 
PARTK 
This Part establishes the Department of Agriculture, Conservation and Forestry and: 
1. It directs the Department of Agriculture, Conservation and Forestry to assume the 
duties and responsibilities of the current Department of Agriculture, Food and Rural 
Resources and the current Department of Conservation; 
2. It does not repeal any provisions of the Maine Revised Statutes, Title 7, which sets 
forth the laws and policies implemented by the current Department of Agriculture, Food 
and Rural Resources, or of Title 12, which sets forth the laws and policies implemented 
by the current Department of Conservation; 
3. It eliminates one commissioner position; 
4. It enacts a provision expressing the intent of the Legislature that a bill to 
consolidate relevant portions of the Maine Revised Statutes, Title 7 and Title 12 in the 
new Title 7-A, which is enacted by this Part, be enacted into law by the 126th 
Legislature; and 
5. It provides that if a bill that consolidates the relevant portions of the Maine 
Revised Statutes, Title 7 and Title 12 in the new Title 7 -A is not enacted into law by the 
date on which the 127th Legislature convenes, the statute that establishes the consolidated 
department is repealed. 
PARTL 
This Part contains transition provisions for the establishment of the Department of 
Agriculture, Conservation and Forestry. 
PARTM 
This Part effectuates the renaming of the Bureau of Forestry, Division of Forest 
Protection and amends the membership of the Land for Maine's Future Board and the 
Interagency Task Force on Invasive Aquatic Plants and Nuisance Species to reflect the 
consolidation of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation into one department with one commissioner. 
PART N 
This Part amends the lists of officials in certain salary ranges to reflect changes made 
by the consolidation of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation into the Department of Agriculture, Conservation and 
Forestry. 
PART 0 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "8" to S.P. 600, L.D. 1746 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Substance Abuse. It does not eliminate the duties and 
functions of the office; it directs the Commissioner of Health and Human Services to 
carry out the duties and functions of the office. 
PARTP 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Elder and Adult Services. It does not eliminate the 
duties or functions of the office; it directs the department and Commissioner of Health 
and Human Services to carry out the duties and functions ofthe office. 
PARTQ 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Adults with Cognitive and Physical Disability 
Services. It does not eliminate the duties and functions of the office; it directs the 
department and the Commissioner of Health and Human Services to carry out the duties 
and functions of the office. 
PARTR 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Adult Mental Health Services. It does not eliminate 
the duties and functions of the office; it directs the department and the Commissioner of 
Health and Human Services to carry out the duties and functions of the office. 
PART S 
This Part eliminates the Office of Advocacy within the Department of Health and 
Human Services and directs the department to contract with an agency to provide services 
to individuals with intellectual disabilities and autism. 
PARTT 
This Part directs the Commissioner of Health and Human Services to review the 
current organizational structure, systems and operations of the Department of Health and 
Human Services and restructure the department in order to improve and streamline 
services. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/11/12 ;'evae 
LD 1746 
LR 2678(03) 
An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending June 30,2012 and June 30,2013 
Fiscal Note for Bill as Amended by Committee Amendment "'g II S -5 '13 
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
FY2011-12 
FY 2012-13 
FY 2013-14 
FY 2014-15 
Net Cost (Savings) 
General Fund 
$0 
$59,591,234 
$66,565,383 
$66,056,414 
Fund for a Healthy Maine 
$0 
$130,986 
$130,986 
$130,986 
Appropriations! Allocations 
General Fund 
$0 
$65,670,975 
$65,815,124 
$65,543,655 
Federal Expenditures Fund 
$0 
$87,705,827 
$87,664,762 
$87,122,464 
Fund for a Healthy Maine 
$0 
$130,986 
$130,986 
$130,986 
Other Special Revenue Funds 
$0 
$8,760,353 
$9,024,666 
$7,842,967 
Federal Block Grant Fund 
$0 
($93,271) 
($97,318) 
($101,487) 
Revenue 
General Fund 
$0 
$9,079,741 
($750,259) 
($512,759) 
Other Special Revenue Funds 
$0 
$1,437,903 
$1,032,903 
($25,000) 
Transfers 
General Fund 
$0 
($3,000,000) 
$0 
$0 
Other Special Revenue Funds 
$0 
($2,000,000) 
$0 
$0 
LR2678(03) - Fiscal Note - Page 1 of2 
Projections 
Projections 
FY 2011-12 
FY 2012-13 
FY 2013-14 
FY 2014-15 
Fund Detail by Section 
Appropriations/Allocations 
General Fund 
PART A, Section 1 
$0 
$65,670,975 
$65,815,124 
$65,543,655 
Federal Expenditures Fund 
PART A, Section 1 
$0 
$87,705,827 
$87,664,762 
$87,122,464 
Fund for a Healthy Maine 
PART A, Section 1 
$0 
$130,986 
$130,986 
$130,986 
Other Special Revenue Funds 
PART A, Section 1 
$0 
$8,760,353 
$9,024,666 
$7,842,967 
Federal Block Grant Fund 
PART A, Section 1 
$0 
($93,271) 
($97,318) 
($101,487) 
Revenue 
General Fund 
PART A, Section 1 
$0 
$1,759,741 
($750,259) 
($512,759) 
PART C, Section 2 
$0 
$2,000,000 
$0 
$0 
PARTG 
$0 
$5,320,000 
$0 
$0 
Other Special Revenue Funds 
PART A, Section 1 
$0 
$1,157,903 
$1,032,903 
($25,000) 
PARTG 
$0 
$280,000 
$0 
$0 
Transfers 
General Fund 
PART B, Section 1 
$0 
$1,500,000 
$0 
$0 
PART D, Section 1 
$0 
($5,000,000) 
$0 
$0 
PART E, Section 1 
$0 
$500,000 
$0 
$0 
Other Special Revenue Funds 
PART B, Section 1 
$0 
($1,500,000) 
$0 
$0 
PART E, Section 1 
$0 
($500,000) 
$0 
$0 
LR2678(03) - Fiscal Note - Page 2 of2