An Act To Restructure the Department of Health and Human Services
Maine Legislature, Session 125, LD 1887
Committee: Health and Human Services
Sponsors: McCORMICK
Amends: 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 §20050, 5 MRSA §20065, 5 MRSA §20067, 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 §2351, 22 MRSA §3739, 22 MRSA §4004-A, 22 MRSA §7246, 22 MRSA §7247, 22 MRSA §7248, 22 MRSA §7249, 22 MRSA §7250, 22 MRSA §7251, 22 MRSA §7252, 26 MRSA §683, 26 MRSA §687, 26 MRSA §688, 28-A MRSA §1013, 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 §5005, 34-B MRSA §5005-A, 34-B MRSA §5470-B, 34-B MRSA §5604, 34-B MRSA §5604-A, 34-B MRSA §5605, 34-B MRSA §5606, 34-B MRSA §5608

Legislative Document 
No. 1887 
S.P. 664 
In Senate, March 19, 2012 
An Act To Restructure the Department of Health and Human 
Services 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec.  (GOVERNOR'S BILL) 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  3 MRSA §959, sub-§1, ¶F, as amended by PL 2007, c. 356, §1 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)  Office of Substance Abuse in 2005; 
(6)  Department of Health and Human Services in 2009; 
(7)  Board of the Maine Children's Trust Incorporated in 2011; and 
(9)  Maine Developmental Disabilities Council in 2011. 
Sec. A-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 Substance 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. A-3.  5 MRSA §939-A, as enacted by PL 1993, c. 410, Pt. LL, §1, is repealed. 
Sec. A-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 HIV, 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. A-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 single administrative unit 
within the Department of Health and Human Services, with the responsibility for 
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 office 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 office department in these efforts. 
The office 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 office department shall provide or assist in the provision of 
voluntary training programs regarding the sales of tobacco products to juveniles; and 
Sec. A-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 office department may accept private, state and 
federal funds to support the performance of its duties under this subsection. 
Sec. A-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 office 
department or providing treatment under this subchapter through a contract with the 
office department under section 20008, or any facility funded in whole or in part by 
municipal, state or federal funds. 
Sec. A-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 office department in 
accordance with section 20005 and licensed pursuant to subchapter V 5 and other 
applicable provisions of state law. 
Sec. A-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 
Development Services Health and Human Services. 
Sec. A-10.  5 MRSA §20003, sub-§6, as amended by PL 1991, c. 601, §4, is 
further amended to read: 
6.  Department.  "Department" means the Executive Department of Health and 
Human Services. 
Sec. A-11.  5 MRSA §20003, sub-§8, as enacted by PL 1989, c. 934, Pt. A, §3, is 
repealed. 
Sec. A-12.  5 MRSA §20003, sub-§17, as enacted by PL 1989, c. 934, Pt. A, §3, 
is repealed. 
Sec. A-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 office or the department 
that are to be met before and during operation of any treatment facility or treatment 
program. 
Sec. A-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. A-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 
office department in its implementation and administration of this chapter. 
Sec. A-16.  5 MRSA §20005, first ¶, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The office department shall: 
Sec. A-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 office 
department must be subject to public hearing prior to implementation; 
Sec. A-18.  5 MRSA §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 office department shall make 
final recommendations to the Governor before any substance abuse funds are 
appropriated or deappropriated in the Governor's proposed budget.  The office 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 Office of Substance Abuse department for substance abuse prevention 
and treatment is restricted solely to the that use of that office and may not be used for 
other expenses of any other part of the department.  By January 15th of each year, the 
director commissioner or the commissioner's designee shall deliver a report of the budget 
and expenditures of the office 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. A-19.  5 MRSA §20005, sub-§6, as amended by PL 2007, c. 116, §§3 and 4, 
is further amended to read: 
6.  Contracts and licensing.  Through the director commissioner: 
A.  Administer all contracts with community service providers for the delivery of 
alcohol and drug abuse services;  
A-1.  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 of Health and Human Services, the Department of Corrections or other 
divisions of the department as long as that delegation ensures that contracting for alcohol 
and other drug abuse services provided in community settings are is consolidated within 
the Department of Health and Human Services department, that contracting for alcohol 
and other drug abuse services delivered within correctional facilities are is consolidated 
within the Department of Corrections and that contracting for alcohol and other drug 
abuse services delivered within mental health and mental retardation facilities are is 
consolidated within the department. 
The commissioner may not delegate contract and licensing duties if that 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. A-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 
agencies for the purpose of implementing alcohol or drug abuse prevention or treatment 
programs. 
All state agencies must comply with rules adopted by the office department regarding 
uniform alcohol and other drug abuse contracting requirements, formats, schedules, data 
collection and reporting requirements;  
Sec. A-21.  5 MRSA §20005, sub-§14, as enacted by PL 1993, c. 410, Pt. LL, 
§10, is further amended to read: 
14.  Interdepartmental cooperation.  Document to the Legislature's satisfaction, 
active participation and cooperation between the office department and the other 
departments with which it works through the commission; 
Sec. A-22.  5 MRSA §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 office department, but also those additional services determined by the 
commission to be critical and related; 
Sec. A-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 director 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 office 
department or providing treatment under this chapter through a contract with the office 
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 director commissioner under this Act and delegated to the director by the 
commissioner under Title 22-A, section 207, subsection 3. 
Sec. A-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 office 
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 director commissioner or the commissioner's designee shall report 
annually by March 1st to the joint standing committee of the Legislature having 
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 office 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 director 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. A-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 office department and council 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 office department.  The office department may request personnel, 
facilities and data from other agencies as the director commissioner finds necessary to 
fulfill the purposes of this Act. 
Sec. A-26.  5 MRSA §20008, first ¶, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The office 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 3 and the purposes of this Act.  The 
program must include the following elements. 
Sec. A-27.  5 MRSA §20008, sub-§3, as amended by PL 1991, c. 601, §10, is 
further amended to read: 
3.  Treatment.  The office department shall provide for adequate and appropriate 
treatment for alcoholics, drugs 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. A-28.  5 MRSA §20008, sub-§4, as enacted by PL 1991, c. 601, §11, is 
amended to read: 
4.  Contract with facilities.  The office department shall contract with approved 
treatment facilities whenever possible.  The administrator of any treatment facility may 
receive for observation, diagnosis, care and treatment in the facility any person whose 
admission is applied for under any of the procedures in this subchapter. 
Sec. A-29.  5 MRSA §20009, first ¶, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
The office department shall plan alcohol and drug abuse prevention and treatment 
activities in the State and prepare and submit to the Legislature the following documents: 
Sec. A-30.  5 MRSA §20021, as amended by PL 1991, c. 601, §14, is further 
amended to read: 
§20021.  Public awareness 
The office 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. A-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 office 
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 office and the department departments.  
Information must be available for use by the general public, political subdivisions, public 
and private nonprofit agencies and the State. 
Sec. A-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 office 
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 Commissioner of Education, in cooperation with the Substance Abuse Advisory 
Group, shall prepare a plan to ensure the coordination and consolidation of alcohol and 
other drug abuse education programs and must present the plan to the director by January 
1, 1992.  The plan must be consistent with requirements of the federal Drug-Free Schools 
and Communities Act of 1986 and this chapter. 
Nothing in this section interferes with the authority of the Department of Education to 
receive and allocate federal funds under the federal Drug-Free Schools and Communities 
Act of 1986. 
Sec. A-33.  5 MRSA §20024, as amended by PL 2011, c. 145, §1, is further 
amended to read: 
§20024.  Licensing 
The office 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 community-
based service provider pursuant to subchapter V 5.  The office 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 office department, each approved public and private treatment 
facility must provide data, statistics, schedules and information that the office department 
reasonably requires.  The director 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 office 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. A-34.  5 MRSA §20041, sub-§1, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
1.  Data collection; sources.  The office 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. A-35.  5 MRSA §20042, as amended by PL 1991, c. 601, §20, is further 
amended to read: 
§20042.  Standards 
The office department shall contract for treatment services only with approved 
treatment facilities. 
Sec. A-36.  5 MRSA §20043, first ¶, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
The office 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. 
Sec. A-37.  5 MRSA §20043, 2nd ¶, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
In establishing rules, the office department must be guided by the following 
standards. 
Sec. A-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 
Office of Substance Abuse 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 office 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. A-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 
office 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 office 
department, shall refer the person to another approved treatment facility for treatment if 
possible and appropriate. 
Sec. A-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 director 
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. A-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 
which that the director 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 director 
commissioner may adopt reasonable rules regarding the use of telephones by patients in 
approved treatment facilities. 
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 director 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. A-42.  5 MRSA §20050, sub-§3, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
3.  Finances.  The office 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. A-43.  5 MRSA §20065, 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 office department shall provide 
the commission administrative or financial assistance that is available from office 
department resources. 
Sec. A-44.  5 MRSA §20067, first ¶, as enacted by PL 1993, c. 410, Pt. LL, §12, 
is amended to read: 
The commission, in cooperation with the office department, has the following duties. 
Sec. A-45.  5 MRSA §20067, sub-§1-A, as enacted by PL 1995, c. 560, Pt. L, 
§11 and affected by §16, is amended to read: 
1-A.  Advise the department.  The commission shall advise the office department in 
the development and implementation of significant policy matters relating to substance 
abuse. 
Sec. A-46.  5 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 office 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 office department, the commission shall keep the public informed by collecting and 
disseminating information, by conducting or commissioning studies and publishing the 
results of those studies, by issuing publications and reports and by providing public 
forums, including conferences and workshops. 
Sec. A-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 office 
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 office department shall certify to the Secretary of State: 
Sec. A-48.  5 MRSA §20073-B, as enacted by PL 1999, c. 448, §6, is amended to 
read: 
§20073-B.  Programs and components; rules 
The office department shall design programs and components that are age-
appropriate and therapeutically appropriate.  The office 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 II-A 2-A. 
Sec. A-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 office 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. A-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 office 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 office department shall adopt 
rules requiring continuing education for recertification. 
Sec. A-51.  5 MRSA §20076-B, as enacted by PL 1999, c. 448, §9, is amended to 
read: 
§20076-B.  Fees 
The office department shall set fees in accordance with the cost of each program.  All 
fees must be transferred to the General Fund.  The office department may waive all or 
part of any fee for a client who provides sufficient evidence of inability to pay. 
Sec. A-52.  5 MRSA §20077, as enacted by PL 1991, c. 601, §28, is amended to 
read: 
§20077.  Report 
Beginning in 1992, the director commissioner shall report annually by February 1st to 
the joint standing committee of the Legislature having jurisdiction over human resource 
matters regarding the office's department's activities under this subchapter.  A copy of the 
report must be sent to the Executive Director of the Legislative Council. 
Sec. A-53.  5 MRSA §20078-A, sub-§3, as enacted by PL 1993, c. 631, §7, is 
amended to read: 
3.  Facilities; staff.  The director commissioner shall provide staff support and 
adequate facilities for the board. 
Sec. A-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 
director commissioner shall adopt rules to carry out the purposes of this section. 
Sec. A-55.  12 MRSA §10701, sub-§3, ¶D, 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, Office of Substance Abuse, as established in under Title 5, 
chapter 521. 
Sec. A-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, Office of Substance Abuse.  The records must include at least the following 
information: 
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; 
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. A-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 January 1, 2007 the Director of the Office of 
Substance Abuse within the Department The Commissioner of Health and Human 
Services, known in this subchapter as "the director," 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 (ff) 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 director Commissioner of Health and Human Services 
shall amend the banned substances list each time a dietary supplement or other substance  
referenced in subsection 1, 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 director Commissioner of Health and Human Services shall 
post the list on its the publicly accessible website of the Department of Health and 
Human Services. 
Sec. A-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-I, 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 Office of Substance Abuse and other relevant state agencies.  The 
advisory council consists of 9 members, appointed as follows: 
A.  Two public health officials, appointed by the Governor; 
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-I, subsection 36-D, following approval of expenses 
by the Director of the Bureau of Health. 
Sec. A-59.  22 MRSA §1551-A, sub-§5, as enacted by PL 1995, c. 470, §9 and 
affected by §19, is repealed. 
Sec. A-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:  1/2 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 1/2 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 Office of Substance 
Abuse department the total amount of fines collected. 
Sec. A-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.  Annually, 
the department shall report a summary of the types and number of cases heard and the 
dispositions of the cases to the Office of Substance Abuse. 
Sec. A-62.  22 MRSA §2351, as enacted by PL 2005, c. 430, §5 and affected by 
§10, 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. A-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 Director of the Office of Substance Abuse commissioner; 
Sec. A-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. A-65.  22 MRSA §7246, sub-§4, as enacted by PL 2003, c. 483, §1 and 
amended by c. 689, Pt. B, §6, is repealed. 
Sec. A-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 office department to be used by the director of the office 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 office department.  The office 
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 office department to establish and maintain the program must be used for 
the expenses of administering this chapter.   
Sec. A-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 office 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 office department may contract with a vendor to 
establish and maintain the program pursuant to rules adopted by the office department. 
3.  Information available.  The program must rapidly provide information in an 
electronic format to prescribers and dispensers. 
Sec. A-68.  22 MRSA §7249, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7249.  Reporting of prescription monitoring information 
1.  Information required.  Each dispenser shall submit to the office department, by 
electronic means or other format specified in a waiver granted by the office 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; 
G.  The dosage; 
H.  The patient identification number; 
I.  The patient name; 
J.  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-issued department-issued serial number if the office 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 office department. 
3.  Waiver.  The office 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 office 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. 
Sec. A-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 office 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 office department, the office department shall notify the 
prescriber, the dispenser and, if the office 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 office 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: 
A.  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.  Office 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 office 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 office department.  The office department may enter into a prescription 
monitoring information sharing agreement with another state to establish the terms and 
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 office department shall purge from the program all 
information that is more than 6 years old. 
Sec. A-70.  22 MRSA §7251, sub-§1, 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 office 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. A-71.  22 MRSA §7252, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7252.  Rulemaking 
The office 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. A-72.  26 MRSA §683, sub-§1, ¶B, as amended by PL 1995, c. 283, §1, is 
further amended to read: 
B.  The employee assistance program must be certified by the Office of Substance 
Abuse 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. A-73.  26 MRSA §687, sub-§1, as amended by PL 1995, c. 283, §2, is 
further amended to read: 
1.  Department of Health and Human Services.  The Office of Substance Abuse 
Department of Health and Human Services shall adopt rules under the Maine 
Administrative Procedure Act, Title 5, chapter 375, as provided in this subchapter. 
Sec. A-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, Office of 
Substance 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. A-75.  28-A MRSA §1013, as enacted by PL 2011, c. 460, §3, is amended to 
read: 
§1013.  Underage drinking prevention 
Beginning January 1, 2012, the bureau shall pay $75 from each license fee collected 
under section 1010-A to the Treasurer of State to be credited to the Department of Health 
and Human Services, Office of Substance Abuse for the purpose of prevention of 
consumption of liquor by minors. 
Sec. A-76.  28-A MRSA §1703, sub-§5, as amended by PL 1997, c. 373, §144, is 
further amended to read: 
5.  Appropriation.  The amount of funds appropriated from the General Fund to the 
Office of Substance Abuse, as established in Title 5, chapter 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. A-77.  28-A MRSA §2519, sub-§2, ¶D, as amended by PL 1999, c. 519, §2, 
is further amended to read: 
D.  A representative of the Office of Substance Abuse Department of Health and 
Human Services; 
Sec. A-78.  29-A MRSA §2401, sub-§1, 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 Office of 
Substance Abuse Department of Health and Human Services under Title 5, chapter 521, 
subchapter V 5. 
Sec. A-79.  29-A MRSA §2411, sub-§5, ¶F, 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, Office of Substance 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. A-80.  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 
Office of Substance Abuse Department of Health and Human Services; 
Sec. A-81.  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 Office of Substance Abuse 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 Office of Substance Abuse 
Department of Health and Human Services. 
Sec. A-82.  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 Substance 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 Substance 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 Substance 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. A-83.  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 Office of 
Substance Abuse Department of Health and Human Services. 
Sec. A-84.  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 Abuse 
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. 
Sec. A-85.  32 MRSA §13795, sub-§5, as amended by PL 2007, c. 695, Pt. B, 
§18, is further amended to read: 
5.  Rulemaking. The Director of the Office of Substance Abuse within the 
Department  Commissioner of Health and Human Services may adopt rules to implement 
this subsection.  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 Director of the Office of Substance Abuse 
Commissioner of Health and Human Services.  The Director of the Office of 
Substance 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 Director of the Office of Substance 
Abuse Commissioner of Health and Human Services.  The Director of the Office of 
Substance 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. A-86.  34-B MRSA §1219, sub-§1, 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 
Department of Health and Human Services; the Department of Corrections; the 
Department of Health and Human Services, Bureau of Medical Services; and 
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 
Office of Substance Abuse and the Department of Public Safety. 
Sec. A-87.  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. 
PART B 
Sec. B-1.  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, Bureau of Elder and Adult Services 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;  
Sec. B-2.  22 MRSA §3174-I, sub-§1, ¶B-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 
Elder and Adult Services, its community options unit, shall review the assessment 
and provide case management to assist consumers and caregivers to receive 
appropriate services. 
Sec. B-3.  22 MRSA §3472, sub-§2-A, as amended by PL 2003, c. 653, §2 and c. 
689, Pt. B, §6, is repealed. 
Sec. B-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. B-5.  22 MRSA §5104, sub-§6, as amended by PL 1989, c. 329, §10 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. B-6.  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 committee department in 
carrying out this Part.  The bureau and committee are department is authorized to request 
such personnel, financial assistance, facilities and data as are reasonably required to assist 
the bureau and committee it to fulfill their 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. 
State agencies, in the implementation of their activities relating to this Part, shall keep 
the bureau department fully informed of their progress. 
Sec. B-7.  22 MRSA §5105, as amended by PL 2007, c. 539, Pt. N, §39, is 
repealed. 
Sec. B-8.  22 MRSA §5106, as amended by PL 2003, c. 653, §21 and c. 689, Pt. B, 
§7, is further amended to read: 
§5106.  Powers and duties 
The bureau department shall establish, in accordance with the purposes and intent of 
this Part, with the advice of the committee and subject to the direction of the 
commissioner, the overall planning, policy, objectives and priorities for all functions and 
activities conducted or supported in the State which that relate to Maine's aging 
population and incapacitated and dependent adults. In order to carry out the above, the 
bureau shall have 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 shall must be available for use by the people of Maine, the political 
subdivisions, public and private nonprofit agencies and the State. Educational materials 
shall must be prepared, published and disseminated.  Objective devices and research 
methodologies shall must be continuously developed.  Maintaining statistical information 
through uniform methods which 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 shall 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 Government 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 shall 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 bureau 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 the 
unduplicated count, location and characteristics of people served by each facility, 
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 
Governments shall Government must be evaluated. Activities to be included, but to 
which the bureau shall department is not be 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 shall be 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; and 
(13)  The Uniform Probate Code, Title 18-A; 
3.  Coordination of efforts.  Assist, with the advice of the committee, the Legislative 
and Executive Branches of State Government, especially the Governor, Commissioner of 
Health and Human Services and the Bureau of the Budget, to coordinate all State 
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 1st 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, 
and including 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 bureau shall have 
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 taken 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 bureau with the advice 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 mean means that the bureau shall 
have 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 bureau 
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 and subject to the direction of the commissioner, programs authorized by this 
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 bureau 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 which 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 bureau 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 which 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 bureau 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 
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 committee pursuant to section 5112, subsection 4, and the area agency 
pursuant to section 5116, subsection 1, paragraph B.  The bureau 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 bureau department may pay for such expert advisors or 
assistants; 
10.  Rules.  Prepare, adopt, amend, rescind and administer, with the advice of the 
committee and subject to the direction of the commissioner, policies, priorities, 
procedures, and rules and regulations to govern its affairs and the development and 
operation of facilities, programs and services.  The bureau 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 regulations 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, chapter 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 cooperation with the committee the Blaine House 
Conference on Aging; 
11-A.  Elderly Legal Services Program.  Support and maintain an Elderly Legal 
Services Program, by agreement with such nonprofit organization as the bureau 
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, other 
than adults who are mentally retarded, from abuse, neglect, exploitation and physical 
danger.  The program is described in the Adult Protective Services Act; 
11-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 
bureau 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; 
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 office.  Establish and maintain an office; 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. B-9.  22 MRSA §5304, sub-§3, as amended by PL 1989, c. 329, §19 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. B-10.  22 MRSA §5304, sub-§9, as amended by PL 1989, c. 329, §20 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. B-11.  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 Services, Department of Health and Human Services 
or its successors, is designated as the organizational unit of State Government with sole 
responsibility for administrating, with the advice 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 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 Elder and Adult 
Services 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, 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, with the advice of the Maine Committee on Aging, policies, 
priorities, procedures, and rules and regulations. The Bureau of Elder and Adult Services 
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 insure ensure that 
such items pertinent to priority social services are consistent. 
Sec. B-12.  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. B-13.  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 Services, 
with advice from the Maine State Housing Authority, the Rural Housing Services or any 
other housing agency financing assisted housing programs, shall administer state-funded 
assisted housing programs.  Administration must include, but is not limited to: 
Sec. B-14.  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 Elder and Adult  
Department of Health and Human Services; the Bureau of Family Independence; the 
Bureau of Child and Family Services; 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. B-15.  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 Elder and Adult Department of Health and Human Services 
to provide meals at dispersed locations from central kitchen facilities is exempt. 
Sec. B-16.  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 C 
Sec. C-1.  34-B MRSA §5439, sub-§1, ¶C, as reallocated by PL 2007, c. 695, Pt. 
A, §41, is repealed. 
Sec. C-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 office commissioner shall administer the program 
under this section.  Within available funds, the office 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 office 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. 
4.  Consumer cost sharing.  The office 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. C-3.  34-B MRSA §5439, sub-§5, ¶B, 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 office 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. C-4.  34-B MRSA §19001, sub-§§1 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 Director of the Office of Adults 
with Cognitive and Physical Disability Services within the department, the Director of the 
Maine Center for Disease Control and Prevention within the department and the Director 
of the Office of MaineCare Services within the department. 
3.  Administrative support.  The manager of brain injury services in the Office of 
Adults with Cognitive and Physical Disability Services within the department shall 
provide administrative support to the council. 
PART D 
Sec. D-1.  34-B MRSA §3861, sub-§3, ¶B, 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 
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 director of the Office of Adult Mental Health Services within the 
department or that person'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 
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. D-2.  34-B MRSA §3861, sub-§3, ¶D, 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 director of the Office of Adult Mental Health Services 
within the department commissioner under paragraph F, subparagraph (2), the 
order takes effect one business day from the day on which the director 
commissioner or the commissioner's designee issues a written decision. 
Sec. D-3.  34-B MRSA §3861, sub-§3, ¶E, as enacted by PL 2007, c. 580, §2, is 
amended to read: 
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 Mental Health 
Services within the department 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. D-4.  34-B MRSA §3861, sub-§3, ¶F, 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 Mental Health 
Services within the department or the designee of the director 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. 
PART E 
Sec. E-1.  22 MRSA §7924, sub-§1, 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 19501 19502; the long-term care ombudsman pursuant to 
section 5106, subsection 11-C and section 5107-A; the Office of Advocacy pursuant to 
Title 34-B, section 5005; and any other agency or person whom the commissioner may 
designate. 
Sec. E-2.  34-B MRSA §1223, sub-§9, ¶F, 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 Cognitive and Physical Disability Services or the Office of 
Advocacy within the department, the protection and advocacy agency designated 
pursuant to Title 5, section 19502 or other appropriate agency. 
Sec. E-3.  34-B MRSA §1223, sub-§10, ¶B, as enacted by PL 2007, c. 356, §7 
and affected by c. 695, Pt. D, §3, is amended to read: 
B.  The chief advocate and the manager of adult protective services in the Office of 
Adults with Cognitive and Physical Disability Services within the 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 mental retardation 
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. E-4.  34-B MRSA §5005, as enacted by PL 2007, c. 356, §17 and affected by 
§31, is repealed. 
Sec. E-5.  34-B MRSA §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; 
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. E-6.  34-B MRSA §5470-B, sub-§7, ¶B, as enacted by PL 2007, c. 356, §21 
and affected by §31, is amended to read: 
B.  The department shall provide the Office of Advocacy advocacy agency 
designated pursuant to Title 5, section 19502 with sufficient advance notice of all 
scheduled personal planning meetings to permit the office 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 office advocacy agency. 
Sec. E-7.  34-B MRSA §5604, sub-§3, ¶A, as enacted by PL 2007, c. 356, §23 
and affected by §31, is amended to read: 
A.  The department shall provide easily accessible and regular notice of the grievance 
process to persons with mental retardation 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 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 Office of Advocacy and the 
protection and advocacy agency designated pursuant to Title 5, section 19502. 
Sec. E-8.  34-B MRSA §5604-A, sub-§3, as enacted by PL 2007, c. 356, §24 and 
affected by §31, is amended to read: 
3.  Violation.  All persons with knowledge of an alleged violation of the rights of an 
individual with mental retardation intellectual disabilities 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. E-9.  34-B MRSA §5605, sub-§13, ¶B, 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 
Office of Advocacy; a representative designated by the Office of Adults 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 
Office of Advocacy 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. E-10.  34-B MRSA §5605, sub-§14-A, as amended by PL 2011, c. 186, Pt. 
A, §28, is further amended to read: 
14-A.  Restraints.  A person with mental retardation intellectual disabilities or 
autism is entitled to be free from restraint unless: 
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 Office of Advocacy 
advocacy agency designated pursuant to Title 5, section 19502. 
Sec. E-11.  34-B MRSA §5606, sub-§1, as amended by PL 2007, c. 356, §26 and 
affected by §31, 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 Office of Advocacy within the 
department 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 Office of Advocacy agency shall conduct an investigation of each alleged 
violation pursuant to section 5005 5005-A. 
B.  The Office of Advocacy 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. E-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 Office of Adults with 
Cognitive and Physical Disability Services department and the Office of Advocacy 
advocacy agency designated pursuant to Title 5, section 19502 to promote the interests 
and welfare of all persons receiving services from the provider. 
PART F 
Sec. F-1.  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 improve and 
streamline services.  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.  These transfers are considered adjustments to authorized position 
count, appropriations and allocations in fiscal years 2012 13, 2013 14 and 2014 15.  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. 
PART G 
Sec. G-1.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
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 Aging and Disability Services. 
Mental Health Services - Children 0136 
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
(3.000)
Personal Services 
$0
($224,577)
GENERAL FUND TOTAL 
$0
($224,577)
Mental Health Services - Community 0121 
Initiative: Eliminates 33 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 Projects for Assistance in Transition from Homelessness 
program to a statewide model.  The remaining savings will be used to contract for case 
management services. 
Mental Health Services - Community 0121 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Substance Abuse and Office of Adult Mental Health Services. 
Office of Advocacy 0632 
Initiative: Eliminates one Public Service Manager II position and 6 full-time and one 
part-time Advocate positions to reflect the elimination of the Office of Advocacy and 
provides funding in the All Other line category for contracts.  This request will reduce 
General Fund undedicated revenue by $140,259. 
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(9.000)
Personal Services 
$0
($704,020)
GENERAL FUND TOTAL 
$0
($704,020)
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(37.000)
Personal Services 
$0
($1,883,500)
All Other 
$0
$1,883,500
GENERAL FUND TOTAL 
$0
$0
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(4.000)
Personal Services 
$0
($216,208)
GENERAL FUND TOTAL 
$0
($216,208)
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(7.500)
Personal Services 
$0
($419,384)
All Other 
$0
$261,708
Office of Substance Abuse 0679 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Substance Abuse and Office of Adult Mental Health Services. 
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 TOTAL 
$0
($157,676)
GENERAL FUND 
2011-12
2012-13
Personal Services 
$0
$15,000
GENERAL FUND TOTAL 
$0
$15,000
FEDERAL BLOCK GRANT FUND 
2011-12
2012-13
Personal Services 
$0
$5,907
FEDERAL BLOCK GRANT FUND TOTAL 
$0
$5,907
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BDS) 
DEPARTMENT TOTALS 
2011-12
2012-13
GENERAL FUND 
$0
($1,287,481)
FEDERAL BLOCK GRANT FUND 
$0
$5,907
DEPARTMENT TOTAL - ALL FUNDS 
$0
($1,281,574)
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
35.000
Personal Services 
$0
$774,988
All Other 
$0
$1,151,783
GENERAL FUND TOTAL 
$0
$1,926,771
Bureau of Child and Family Services - Regional 0452 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
Bureau of Medical Services 0129 
Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund 
and 50% Federal Expenditures Fund in the Bureau of Medical Services. 
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(27.000)
Personal Services 
$0
($1,727,713)
All Other 
$0
($2,656,179)
FEDERAL EXPENDITURES FUND TOTAL 
$0
($4,383,892)
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
0.000
Personal Services 
$0
$1,479,798
All Other 
$0
($2,668,528)
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0
($1,188,730)
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
15.000
(16.000)
Personal Services 
$770,674
($6,230,149)
All Other 
$45,374
$432,191
GENERAL FUND TOTAL 
$816,048
($5,797,958)
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
All Other 
$0
($21,372)
FEDERAL EXPENDITURES FUND TOTAL 
$0
($21,372)
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
Personal Services 
$230,194
$7,322,251
All Other 
$13,553
$975,406
OTHER SPECIAL REVENUE FUNDS TOTAL 
$243,747
$8,297,657
Child Care Food Program 0454 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
Child Care Services 0563 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
Child Support 0100 
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 
2011-12
2012-13
Personal Services 
$0
$83,362
All Other 
$0
$5,000
GENERAL FUND TOTAL 
$0
$88,362
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
2.000
Personal Services 
$0
$83,362
All Other 
$0
$6,341
FEDERAL EXPENDITURES FUND TOTAL 
$0
$89,703
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
(2.000)
Personal Services 
$0
($82,533)
All Other 
$0
($327)
GENERAL FUND TOTAL 
$0
($82,860)
FEDERAL BLOCK GRANT FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
7.000
Personal Services 
$0
($140,825)
All Other 
$0
$41,647
GENERAL FUND TOTAL 
$0
($99,178)
Departmentwide 0640 
Initiative: Provides funds in the Departmentwide program within the Department of 
Health and Human Services. 
IV-E Foster Care/Adoption Assistance 0137 
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
Personal Services 
$0
$174,240
All Other 
$0
$15,000
GENERAL FUND TOTAL 
$0
$189,240
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
8.000
Personal Services 
$0
$338,240
All Other 
$0
$30,667
FEDERAL EXPENDITURES FUND TOTAL 
$0
$368,907
GENERAL FUND 
2011-12
2012-13
All Other 
$232,236
$871,987
GENERAL FUND TOTAL 
$232,236
$871,987
GENERAL FUND 
2011-12
2012-13
All Other 
$0
$1,418,655
GENERAL FUND TOTAL 
$0
$1,418,655
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
All Other 
$0 ($15,143,042)
FEDERAL EXPENDITURES FUND TOTAL 
$0 ($15,143,042)
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
All Other 
$0
($72,393)
Purchased Social Services 0228 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
State-funded Foster Care/Adoption Assistance 0139 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
Office of Elder Services Adult Protective Services Z040 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Aging and Disability Services. 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0
($72,393)
GENERAL FUND 
2011-12
2012-13
Personal Services 
$0
$12,410
GENERAL FUND TOTAL 
$0
$12,410
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
(15.000)
(14.000)
Personal Services 
($1,000,868)
($1,173,774)
All Other 
($47,416)
$3,276,335
GENERAL FUND TOTAL 
($1,048,284)
$2,102,561
FEDERAL EXPENDITURES FUND 
2011-12
2012-13
Personal Services 
$0
$19,803
All Other 
$0
$386,872
FEDERAL EXPENDITURES FUND TOTAL 
$0
$406,675
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
Personal Services 
$0
$205,995
All Other 
$0
($5,652,788)
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0
($5,446,793)
SUMMARY 
This bill restructures the Department of Health and Human Services.  The bill does 
not eliminate the duties and functions of those organizational units eliminated in the bill; 
under the bill, the department and the Commissioner of Health and Human Services are 
directed to carry out those duties and functions. 
Part A eliminates as a separate and distinct office the Office of Substance Abuse. 
Part B eliminates as a separate and distinct office the Office of Elder and Adult 
Services. 
Part C eliminates as a separate and distinct office the Office of Adults with Cognitive 
and Physical Disabilities. 
Part D eliminates as a separate and distinct office the Office of Adult Mental Health 
Services. 
Part E eliminates the Office of Advocacy and directs the department to contract with 
an agency to provide services to individuals with intellectual disabilities and autism. 
Part F directs the commissioner to review the current organizational structure, 
systems and operations of the department and restructure the department in order to 
improve and streamline services. 
Part F also requires the commissioner and the State Budget Officer to provide a 
report to the joint standing committees of the Legislature having jurisdiction over health 
and human services matters and appropriations and financial affairs outlining the progress 
towards the new organizational structure and any transferred amounts. 
GENERAL FUND 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
0.000
3.000
Personal Services 
$0
$320,194
All Other 
$0
$15,000
GENERAL FUND TOTAL 
$0
$335,194
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
2011-12
2012-13
GENERAL FUND 
$0
$1,147,222
FEDERAL EXPENDITURES FUND 
$0 ($18,765,881)
OTHER SPECIAL REVENUE FUNDS 
$243,747
$1,589,741
FEDERAL BLOCK GRANT FUND 
$0
($99,178)
DEPARTMENT TOTAL - ALL FUNDS 
$243,747 ($16,128,096)
Part G makes appropriations and allocations to support this restructuring and 
authorizes the State Budget Officer to transfer positions, appropriations and allocations 
between accounts and line categories by financial order upon approval of the Governor.