An Act To Implement the Recommendations of the Task Force To Address the Opioid Crisis in the State Regarding Respectful Language
Maine Legislature, Session 128, LD 1871
Committee: Health and Human Services
Amends: 1 MRSA §125, 4 MRSA §421, 4 MRSA §422, 4 MRSA §423, 5 MRSA §1591, 5 MRSA §1642, 5 MRSA §12004-G, 5 MRSA §19202, 5 MRSA §20065, 5 MRSA §20078-A, 5 MRSA §20001, 5 MRSA §20002, 5 MRSA §20003, 5 MRSA §20005, 5 MRSA §20005-A, 5 MRSA §20006-A, 5 MRSA §20007, 5 MRSA §20008, 5 MRSA §20009, 5 MRSA §20021, 5 MRSA §20022, 5 MRSA §20023, 5 MRSA §20041, 5 MRSA §20043, 5 MRSA §20044, 5 MRSA §20047, 5 MRSA §20067, 5 MRSA §20074, 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1016, 10 MRSA §8003-B, 15 MRSA §1026, 15 MRSA §1105, 15 MRSA §3314, 17-A MRSA §1204, 18-A MRSA §9, 20-A MRSA §1001, 20-A MRSA §6001-B, 20-A MRSA §6604, 20-A MRSA §6605, 20-A MRSA §6606, 20-A MRSA §9701, 20-A MRSA §15672, 22 MRSA §328, 22 MRSA §412, 22 MRSA §567, 22 MRSA §1341, 22 MRSA §1502, 22 MRSA §1511, 22 MRSA §1711-C, 22 MRSA §1823, 22 MRSA §2053, 22 MRSA §2383-C, 22 MRSA §3173-C, 22 MRSA §3173-D, 22 MRSA §3174-V, 22 MRSA §3739, 22 MRSA §3762, 22 MRSA §3788, 22 MRSA §4004-B, 22 MRSA §4011-B, 22 MRSA §4055, 22 MRSA §4099-E, 22 MRSA §7245, 22 MRSA §7261, 22-A MRSA §201, 22-A MRSA §203, 22-A MRSA §206, 22-A MRSA §207, 24 MRSA §2325-A, 24 MRSA §2329, 24-A MRSA §2842, 24-A MRSA §2843, 24-A MRSA §4234-A, 24-A MRSA §6917, 25 MRSA §2002, 25 MRSA §2003, 25 MRSA §2005, 25 MRSA §5101, 26 MRSA §681, 26 MRSA §682, 26 MRSA §683, 26 MRSA §684, 26 MRSA §685, 26 MRSA §686, 26 MRSA §688, 26 MRSA §689, 26 MRSA §690, 28-A MRSA §1652, 28-A MRSA §1703, 29-A MRSA §2455, 30-A MRSA §1556, 30-A MRSA §1659-A, 30-A MRSA §4349-A, 30-A MRSA §5002, 32 MRSA §64-B, 32 MRSA §90-A, 32 MRSA §503-B, 32 MRSA §2212, 32 MRSA §2258-B, 32 MRSA §2431-A, 32 MRSA §3292, 32 MRSA §3817, 32 MRSA §3837-A, 32 MRSA §6202, 32 MRSA §6203-A, 32 MRSA §6206, 32 MRSA §6217-B, 32 MRSA §6221, 32 MRSA §7004, 32 MRSA §9403, 32 MRSA §9405, 32 MRSA §9410-A, 32 MRSA §9860-A, 32 MRSA §13721, 32 MRSA §13856, 32 MRSA §13861-A, 32 MRSA §14308-A, 32 MRSA §18393, 34-A MRSA §1206, 34-A MRSA §1206-A, 34-A MRSA §1208-B, 34-A MRSA §1214, 34-A MRSA §3036-A, 34-A MRSA §7002, 34-B MRSA §1208, 34-B MRSA §1221, 34-B MRSA §3801, 36 MRSA §1760, 36 MRSA §2557, 36 MRSA §2559

Legislative Document
No. 1871
S.P. 714
In Senate, March 20, 2018
An Act To Implement the Recommendations of the Task Force To 
Address the Opioid Crisis in the State Regarding Respectful 
Language
(EMERGENCY)
Reported by Senator BRAKEY of Androscoggin for the Task Force To Address the Opioid 
Crisis in the State pursuant to Joint Order 2017, S.P. 210.
Reference to the Committee on Health and Human Services suggested and ordered printed 
pursuant to Joint Rule 218.
HEATHER J.R. PRIEST
Secretary of the Senate
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, treating a person with substance use disorder with respect, including in 
the language that is used in referring to the person, to the system of delivering services 
and to the services, offices and personnel of the Department of Health and Human 
Services, is important to the dignity of the person and to reducing stigma associated with 
having a disease and should be accomplished at the earliest possible time; and
Whereas, this Act replaces statutory references to "substance abuse" with 
"substance use disorder" consistent with respectful language recommended by the Task 
Force to Address the Opioid Crisis in the State; and
Whereas, this Act directs the Department of Health and Human Services to rename 
its office of substance abuse and mental health services and to change references to 
"substance abuse" in its rules, forms, policies and publications consistent with respectful 
language recommended by the Task Force to Address the Opioid Crisis in the State; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  1 MRSA §125, as enacted by PL 1985, c. 737, Pt. A, §2, is amended to 
read:
§125.  Alcohol Awareness Week
The Governor shall annually issue a proclamation setting aside the first full week in 
December of each year as Alcohol Awareness Week. The proclamation shall invite and 
urge citizens, alcoholism service agencies, schools and other suitable organizations and 
groups to observe this week through appropriate activities.  The Alcohol and Drug Abuse 
Planning Committee shall, through the departments represented on the committee, make 
appropriate information available to citizens, organizations and groups within the limits 
of their budgets.
Sec. A-2.  4 MRSA §421, as amended by PL 2001, c. 354, §3 and PL 2003, c. 689, 
Pt. B, §6, is further amended to read:
§421.  Establishment
1.  Programs.  The Judicial Department may establish alcohol and drug substance 
use disorder treatment programs in the Superior Courts and District Courts and may adopt 
administrative orders and court rules to govern the practice, procedure and administration 
of these programs.  Alcohol and drug Substance use disorder treatment programs must 
include local judges and must be community based and operated separately from juvenile 
drug courts.
2.  Goals.  The goals of the alcohol and drug substance use disorder treatment 
programs authorized by this chapter include the following:
A.  To reduce alcohol and drug abuse substance use and dependency among criminal 
offenders;
B.  To reduce criminal recidivism;
C.  To increase personal, familial and societal accountability of offenders;
D.  To promote healthy and safe family relationships;
E.  To promote effective interaction and use of resources among justice system 
personnel and community agencies; and
F.  To reduce the overcrowding of prisons.
3.  Collaboration.  The following shall collaborate with and, to the extent possible, 
provide financial assistance to the Judicial Department in establishing and maintaining 
alcohol and drug substance use disorder treatment programs:
A.  District attorneys, the Department of the Attorney General and statewide 
organizations representing prosecutors;
B.  
Defense attorneys, including statewide organizations representing defense 
attorneys;
C.  The Department of Corrections;
D.  The Department of Health and Human Services;
E.  The Department of Public Safety;
F.  The Department of Education;
G.  The business community;
H.  Local service agencies; and
I.  Statewide organizations representing drug court professionals.
Sec. A-3.  4 MRSA §422, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §2, is 
further amended to read:
2.  Pass-through services.  The Administrative Office of the Courts, with the 
assistance of the Coordinator of Diversion and Rehabilitation Programs, may enter into 
cooperative agreements or contracts with:
A.  The Department of Health and Human Services or other federal-licensed 
treatment providers or state-licensed treatment providers to provide substance abuse 
use disorder services for alcohol and drug substance use disorder treatment program 
participants.  To the extent possible, the alcohol and drug substance use disorder 
treatment programs must access existing substance abuse use disorder treatment 
resources for alcohol and drug substance use disorder treatment program participants;
B.  The Department of Corrections, Division of Community Corrections or other 
appropriate organizations to provide for supervision of alcohol and drug substance 
use disorder treatment program participants;
C.  The Department of Corrections or other appropriate organizations to provide for 
drug testing of alcohol and drug substance use disorder treatment program 
participants;
D.  Appropriate organizations to provide for a drug court manager at each alcohol and 
drug substance use disorder treatment program location;
E.  Appropriate organizations and agencies for training of alcohol and drug substance 
use disorder treatment program staff and for evaluation of alcohol and drug substance 
use disorder treatment program operations;
F.  Appropriate local, county and state governmental entities and other appropriate 
organizations and agencies to encourage the development of diversion and 
rehabilitation programs; and
G.  Appropriate organizations and agencies for the provision of medical, educational, 
vocational, social and psychological services, training, counseling, residential care 
and other rehabilitative services designed to create, improve or coordinate diversion 
or rehabilitation programs.
Sec. A-4.  4 MRSA §423, as amended by PL 2013, c. 159, §8, is further amended 
to read:
§423.  Reports
The Judicial Department shall report to the joint standing committee of the 
Legislature having jurisdiction over judiciary matters by February 15th annually on the 
establishment and operation of alcohol and drug substance abuse disorder treatment 
programs in the courts.  The report must cover at least the following:
1.  Training.  Judicial training;
2.  Locations.  Locations in which the alcohol and drug substance use disorder 
treatment programs are operated in each prosecutorial district;
3.  Participating judges and justices.  Judges and justices participating in the 
alcohol and drug substance use disorder treatment programs at each location;
4.  Community involvement.  Involvement of the local communities, including the 
business community and local service agencies;
5.  Education.  Educational components;
6.  Existing resources.  Use of existing substance abuse use disorder resources;
7.  Statistics.  Statistical summaries of each alcohol and drug substance use disorder 
treatment program;
8.  Collaboration.  Demonstration of the collaboration required under section 421, 
subsection 3, including agreements and contracts, the entities collaborating with the 
Judicial Department, the value of the agreements and contracts and the amount of 
financial assistance provided by each entity; and
9.  Evaluation of programs.  Evaluation of alcohol and drug substance use disorder 
treatment programs individually and overall.
Sec. A-5.  5 MRSA §1591, sub-§2, ¶J, as enacted by PL 2017, c. 284, Pt. 
GGGGGG, §2, is amended to read:
J.  Any balance remaining in the Office of Substance Abuse Use Disorder and Mental 
Health Services program, General Fund account at the end of any fiscal year to be 
carried forward for use by this program in the next fiscal year.
Sec. A-6.  5 MRSA §1642, sub-§6, as amended by PL 2011, c. 542, Pt. A, §2, is 
further amended to read:
6.  Social service.  "Social service" means any children's, youth, adult or elderly 
service and alcoholism, community action, developmental disability, drug or substance 
abuse use disorder, home-heating assistance, juvenile, mental health, intellectual 
disability, older Americans, poverty, rehabilitation, transportation, weatherization or 
other social service that may be defined in the future and that is operated by the 
departments or the division utilizing state-administered funds, including related health 
and medical services and income supplementation programs.
Sec. A-7.  5 MRSA §12004-G, sub-§13-C, as enacted by PL 1993, c. 410, Pt. 
LL, §2, is amended to read:
13-C.  
Sec. A-8.  5 MRSA §12004-G, sub-§15-A, as reenacted by PL 1993, c. 631, §1, 
is amended to read:
15-A.  
Sec. A-9.  5 MRSA §19202, sub-§2-B, ¶A, as amended by PL 2011, c. 657, Pt. 
AA, §4, is further amended to read:
Executive/Drug 
Prevention and 
Treatment
Substance Abuse 
Use Disorder 
Services 
Commission
Expenses Only
MRSA §20065
Substance Abuse 
Use Disorder
Driver Education 
and Evaluation 
Programs Appeals 
Board
$75/Day
MRSA
§20078-A
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 that provides programs and services for substance abuse use 
disorder 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-10.  5 MRSA §20001, as enacted by PL 1989, c. 934, Pt. A, §3, is amended 
to read:
§20001.  Title
This chapter may be known and cited as the "Maine Substance Abuse Use Disorder 
Prevention and Treatment Act."
Sec. A-11.  5 MRSA §20002, sub-§1, as amended by PL 2007, c. 116, §1, is 
further amended to read:
1.  Integrated and comprehensive approach.  To adopt an integrated approach to 
the problem of alcohol and other drug abuse substance use disorder and to focus all the 
varied resources of the State on developing a comprehensive and effective range of 
alcohol and other drug abuse substance use disorder prevention and treatment activities 
and services; 
Sec. A-12.  5 MRSA §20002, sub-§2, as amended by PL 2011, c. 657, Pt. AA, 
§5, is further amended to read:
2.  Coordination of activities and services.  To establish within the Department of 
Health and Human Services the responsibility for planning, developing, implementing, 
coordinating and evaluating all of the State's alcohol and other drug abuse substance use 
disorder prevention and treatment activities and services;
Sec. A-13.  5 MRSA §20003, sub-§3-A, as enacted by PL 1993, c. 410, Pt. LL, 
§4, is amended to read:
3-A.  Commission.  "Commission" means the Substance Abuse Use Disorder 
Services Commission, as established by section 12004-G, subsection 13-C.
Sec. A-14.  5 MRSA §20003, sub-§4, as amended by PL 2007, c. 116, §2, is 
further amended to read:
4.  Community service provider.  "Community service provider" means a provider 
of alcohol or drug abuse substance use disorder treatment or gambling addiction 
treatment, including, but not limited to, evaluation.
Sec. A-15.  5 MRSA §20003, sub-§9, as enacted by PL 1989, c. 934, Pt. A, §3, is 
repealed.
Sec. A-16.  5 MRSA §20003, sub-§10, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read:
10.  Drug user.  "Drug abuser user" means a person who uses any drugs, 
dependency-related drugs or hallucinogens in violation of any law of the State.
Sec. A-17.  5 MRSA §20003, sub-§11, as enacted by PL 1989, c. 934, Pt. A, §3, 
is repealed.
Sec. A-18.  5 MRSA §20003, sub-§17-A is enacted to read:
17-A.  Person with substance use disorder.  "Person with substance use disorder" 
means a drug-dependent person who, due to the use of a dependency-related drug, has 
developed such a tolerance to the dependency-related drug that abrupt termination of its 
use would produce withdrawal symptoms.
Sec. A-19.  5 MRSA §20003, sub-§18, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read:
18.  Prevention.  "Prevention" means any activity designed to educate or provide 
information to individuals and groups about the use or abuse of alcohol and other drugs.
Sec. A-20.  5 MRSA §20003, sub-§21, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read:
21.  Substance Use Disorder Advisory Group.  "Substance Abuse Use Disorder 
Advisory Group" means the group consisting of the 5 commissioners designated in 
section 20007.
Sec. A-21.  5 MRSA §20003, sub-§21-A is enacted to read:
21-A.  Substance use prevention.  "Substance use prevention" means all facilities, 
programs or services relating to substance use control, education, rehabilitation, research, 
training and treatment, and includes these functions as related to alcoholics and 
intoxicated persons.  "Substance use prevention" includes such functions even when 
performed by an organization whose primary mission is the prevention of drug traffic or 
is unrelated to drugs.  "Substance use prevention" does not include any function defined 
under subsection 19 as "prevention of drug traffic."
Sec. A-22.  5 MRSA §20003, sub-§22, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read:
22.  Treatment.  "Treatment" means the broad range of emergency, outpatient, 
intermediate and inpatient services and care, including career counseling, diagnostic 
evaluation, employment, health, medical, psychiatric, psychological, recreational, 
rehabilitative, social service care, treatment and vocational services, that may be extended 
to an alcoholic, intoxicated person, drug abuser user, drug addict person with substance 
use disorder, drug-dependent person or a person in need of assistance due to the use of a 
dependency-related drug.
Sec. A-23.  5 MRSA §20005, as amended by PL 2011, c. 657, Pt. AA, §§16 to 22, 
is further amended to read:
§20005.  Powers and duties
The department shall:
1.  State Government.  Establish the overall plans, policies, objectives and priorities 
for all state alcohol and other drug abuse substance use disorder prevention and treatment 
functions, except the prevention of drug traffic and the State Employee Assistance 
Program established pursuant to Title 22, chapter 254-A;
2.  Comprehensive plan.  Develop and provide for the implementation of a 
comprehensive state plan for alcohol and drug abuse substance use disorder.  Any plan 
developed by the department must be subject to public hearing prior to implementation;
3.  Information.  Ensure the collection, analysis and dissemination of information for 
planning and evaluation of alcohol and drug abuse substance use disorder services;
4.  Coordination; organizational unit.  Ensure that alcohol and drug abuse 
substance use disorder assistance and service are delivered in an efficient and coordinated 
program and, with the oversight of the commission, coordinate all programs and activities 
authorized by the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982), as amended, and 
by the Drug Abuse Office and Treatment Act of 1972, 21 United States Code, Section 
1101 et seq. (1982), as amended; and other state or federal programs or laws related to 
drug abuse substance use disorder prevention that are not the specific responsibility of 
another state agency under federal or state law;
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 substance use disorder programs.  The 
department shall make final recommendations to the Governor before any substance 
abuse use disorder funds are appropriated or deappropriated in the Governor's proposed 
budget.  The 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 department for substance abuse use disorder prevention and treatment 
is restricted solely to that use and may not be used for other expenses of the department.  
By January 15th of each year, the commissioner or the commissioner's designee shall 
deliver a report of the budget and expenditures of the department for substance abuse use 
disorder prevention and treatment to the joint standing committees of the Legislature 
having jurisdiction over appropriations and financial affairs and human resource matters;
6.  Contracts and licensing.  Through the commissioner:
A.  Administer all contracts with community service providers for the delivery of 
alcohol and drug abuse substance use disorder 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 substance use disorder 
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 Corrections as long as that delegation ensures that contracting for alcohol 
and other drug abuse substance use disorder services provided in community settings is 
consolidated within the department, that contracting for alcohol and other drug abuse 
substance use disorder services delivered within correctional facilities is consolidated 
within the Department of Corrections and that contracting for alcohol and other drug 
abuse substance use disorder services delivered within mental health facilities or as a 
component of programs serving persons with intellectual disabilities or autism 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 substance use disorder services regarding the 
selection of contractors when requests for proposals are issued;
6-A.  Contract award and renewal.  Award a new contract through a request-for-
proposal procedure.  Any contract of $500,000 per year or more that is renewed must be 
awarded through a request-for-proposal procedure at least every 8 years, except for the 
following.
A.  A renewal contract with a provider is not subject to the request-for-proposal 
procedure requirement if the contract granted under this subsection is performance 
based.
B.  Notwithstanding paragraph A, the department shall subject a contract to a request-
for-proposal procedure when necessary to comply with paragraph C.
C.  A contract under this subsection that is subject to renewal must be awarded 
through a request-for-proposal procedure if the department determines that:
(1)  The provider has breached the existing contract;
(2)  The provider has failed to correct deficiencies cited by the department;
(3)  The provider is inefficient or ineffective in the delivery of services and is 
unable to improve its performance within a reasonable time; or
(4)  The provider can not or will not respond to a reconfiguration of service 
delivery requested by the department;
6-B.  Consumer assistance and advice.  Establish a procedure to obtain assistance 
and advice from consumers of substance abuse use disorder services regarding the 
selection of contractors when requests-for-proposals are issued.
7.  Uniform requirements.  Develop, use and require the use of uniform contracting, 
information gathering and reporting formats by any state-funded alcohol and other drug 
abuse substance use disorder programs.  Contracting standards must include measurable 
performance-based criteria on which funding allocations are, in part, based;
8.  Reports.  By January 15th of each year, report to the Legislature on the 
accomplishments of the past year's programs, the progress toward obtaining goals and 
objectives of the comprehensive state plan and other necessary or desirable information;
9.  Funds.  Have the authority to seek and receive funds from the Federal 
Government and private sources to further the purposes of this Act;
10.  Agreements.  Enter into agreements necessary or incidental to the purposes of 
this Act;
11.  Cooperation.  Provide support and guidance to individuals, local governments, 
public organizations and private organizations in their alcohol and drug abuse substance 
use disorder prevention activities;
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 substance use disorder 
prevention or treatment programs.
All state agencies must comply with rules adopted by the department regarding uniform 
alcohol and other drug abuse use contracting requirements, formats, schedules, data 
collection and reporting requirements; 
12-A.  Training programs.  Provide or assist in the provision of training programs 
for all persons in the field of treating alcoholics and drug abusers users, persons engaged 
in the prevention of alcohol and other drug abuse substance use disorder or any other 
organization or individual in need of or requesting training or other educational 
information related to alcohol or other drug abuse substance use disorder;
12-B.  Motor vehicle operator programs.  Administer and oversee the operation of 
the State's programs related to the abuse use of alcohol by motor vehicle operators;
13.  General authority.  Perform other acts or exercise any other powers necessary 
or convenient to carry out the purposes of this chapter;
14.  Interdepartmental cooperation.  Document to the Legislature's satisfaction 
active participation and cooperation between the department and the other departments 
with which it works through the commission;
15.  Public input.  Document an active, aggressive effort to obtain client and public 
input on its decision-making process through public hearings and other activities 
conducted by the commission;
16.  Substance use disorder services plan.  Plan for not only those services funded 
directly by the department, but also and those additional services determined by the 
commission to be critical and related;
17.  Program services assessment and implementation.  Analyze the existing 
services system, including the prevention services offered within the State's public school 
systems, identify gaps, strengths  and weaknesses in the current services, identify 
priorities for expanding or revising the existing services and develop a specific plan to 
accomplish the most critical changes that are needed;
18.  Comprehensive training strategy.  Establish a comprehensive training strategy 
designed to develop the capacity of front-line staff in direct human services positions, 
including appropriate state agency staff, to recognize, assess and refer chemically 
dependent clients for appropriate treatment;
19.  Fiscal and program accountability.  Enhance its current efforts to ensure fiscal 
and program accountability for the services it purchases and provides;
20.  Review policies.  Review the full range of public policies and strategies existing 
in State Government to identify changes that would strengthen its response, identify 
policies that might discourage excessive consumption of alcohol and other drugs and 
generate new funding for alcohol and other drug services; and
21.  List of banned performance-enhancing substances.  Develop and maintain a 
list of banned performance-enhancing substances in accordance with Title 20-A, section 
6621.
Sec. A-24.  5 MRSA §20005-A, first ¶, as amended by PL 2007, c. 116, §5, is 
further amended to read:
In addition to other applicable requirements and unless precluded by other restrictions 
on the use of funds, the commissioner shall manage all funds available for the provision 
of alcohol or other drug abuse substance use disorder services, as well as all funds 
available for the provision of gambling addiction counseling services, in accordance with 
the provisions of this section.
Sec. A-25.  5 MRSA §20005-A, sub-§2, as amended by PL 1995, c. 560, Pt. L, 
§6 and affected by §16, is further amended to read:
2.  Performance-based contract.  The commissioner shall ensure that all agreements 
to purchase alcohol or other drug abuse substance use disorder services entered into on or 
after July 1, 1995 are performance-based contracts.
Sec. A-26.  5 MRSA §20006-A, sub-§1, as enacted by PL 1995, c. 560, Pt. L, §8 
and affected by §16, is amended to read:
1.  Alternatives.  Propose alternatives to current alcohol and drug abuse substance 
use disorder prevention and treatment programs and services;
Sec. A-27.  5 MRSA §20006-A, sub-§2, as amended by PL 2011, c. 657, Pt. AA, 
§23, is further amended to read:
2.  Investigate.  Conduct investigations and studies of any alcohol or drug abuse 
substance use disorder program or community service provider operating under the 
control of the department or providing treatment under this chapter through a contract 
with the 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
Sec. A-28.  5 MRSA §20007, as amended by PL 2011, c. 657, Pt. AA, §25, is 
further amended to read:
§20007.  Agency cooperation
State agencies shall cooperate fully with the department in carrying out this chapter.  
A state agency may not develop, establish, conduct or administer any alcohol or drug 
abuse substance use disorder prevention or treatment program without the approval of the 
department.  The department may request personnel, facilities and data from other 
agencies as the commissioner finds necessary to fulfill the purposes of this Act.
Sec. A-29.  5 MRSA §20008, as amended by PL 2011, c. 657, Pt. AA, §§26 to 28, 
is further amended to read:
§20008.  Comprehensive program on substance use disorder
The department shall establish and provide for the implementation of a 
comprehensive and coordinated program of alcohol and drug abuse substance use 
disorder prevention and treatment in accordance with subchapters 2 and 3 and the 
purposes of this Act.  The program must include the following elements.
1.  Public and private resources.  All appropriate public and private resources must 
be coordinated with and utilized in the program.
2.  Program.  The program must include emergency treatment provided by a facility 
affiliated with a general hospital or with part of the medical service of a general hospital.
3.  Treatment.  The department shall provide for adequate and appropriate treatment 
for alcoholics, drug abusers users, drug addicts persons with substance use disorder and 
drug-dependent persons admitted under sections 20043 to and 20044.  Treatment may not 
be provided at a correctional institution, except for inmates.
4.  Contract with facilities.  The department shall contract with approved treatment 
facilities whenever possible.  The administrator of any treatment facility may receive for 
observation, diagnosis, care and treatment in the facility any person whose admission is 
applied for under any of the procedures in this subchapter.
Sec. A-30.  5 MRSA §20009, as amended by PL 2011, c. 657, Pt. AA, §29, is 
further amended to read:
§20009.  Planning
The department shall plan alcohol and drug abuse substance use disorder prevention 
and treatment activities in the State and prepare and submit to the Legislature the 
following documents:
1.  Biennial plan.  By January 15, 1991, and biennially thereafter, with the advice 
and consultation of the Maine Council on Alcohol and Drug Abuse Prevention and 
Treatment, a comprehensive plan containing statements of measurable goals to be 
accomplished during the coming biennium and establishing performance indicators by 
which progress toward accomplishing those goals will be measured; and
2.  Four-year assessment.  By January 15, 1991, and every 4th year thereafter, an 
assessment of the costs related to drug abuse misuse in the State and the needs for various 
types of services within the State, including geographical disparities in the needs for 
various types of services and the needs of special populations of drug abusers users.
Sec. A-31.  5 MRSA §20021, as amended by PL 2011, c. 657, Pt. AA, §30, is 
further amended to read:
§20021.  Public awareness
The department shall create and maintain a program to increase public awareness of 
the impacts and prevalence of alcohol and drug abuse substance use disorder.  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 substance use disorder prevention.
Sec. A-32.  5 MRSA §20022, as amended by PL 2011, c. 657, Pt. AA, §31, is 
further amended to read:
§20022.  Information dissemination
As part of its comprehensive prevention and treatment program, the 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 substance use disorder.  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 departments.  Information must be available for use by the general 
public, political subdivisions, public and private nonprofit agencies and the State.
Functions of the information clearinghouse and resource center may include, but are 
not limited to:
1.  Research.  Conducting research on the causes and nature of drugs, drug abuse 
substance use or people who are dependent on drugs, especially alcoholics and 
intoxicated persons;
2.  Information collection.  Collecting, maintaining and disseminating knowledge, 
data and statistics related to drugs, drug abuse substance use and drug abuse substance 
use disorder prevention;
3.  Educational materials.  Preparing, publishing and disseminating educational 
materials; and
4.  Treatment facilities.  Maintaining an inventory of the types and quantity of drug 
abuse substance use prevention facilities, programs and services available or provided 
under public or private auspices to drug addicts persons with substance use disorder, drug 
abusers users and drug-dependent persons, especially alcoholics and intoxicated persons.  
This function includes the unduplicated count, locations and characteristics of persons 
receiving treatment, as well as the frequency of admission and readmission and the 
frequency and duration of treatment of those persons.  The inventory must include the 
amount, type and source of resources for drug abuse substance use disorder prevention.
Sec. A-33.  5 MRSA §20023, first ¶, as amended by PL 2011, c. 657, Pt. AA, 
§32, is further amended to read:
To the fullest extent possible, the Commissioner of Education shall coordinate all 
elementary and secondary school alcohol and drug abuse substance use disorder 
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 Department of Health and Human Services.  The Commissioner of Education shall 
participate in planning, budgeting and evaluation of alcohol and other drug abuse 
substance use disorder programs, in cooperation with the Substance Abuse Use Disorder 
Advisory Group, and ensure that alcohol and drug abuse substance use disorder education 
programs administered by the Department of Education that involve any community 
participation are coordinated with available treatment services.
Sec. A-34.  5 MRSA §20041, as amended by PL 2011, c. 657, Pt. AA, §34, is 
further amended to read:
§20041.  Evaluation
1.  Data collection; sources.  The department shall collect data and use information 
from other sources to evaluate or provide for the evaluation of the impact, quality and 
value of alcohol and drug abuse substance use disorder prevention activities, treatment 
facilities and other alcohol and other drug abuse substance use disorder programs.
2.  Content of evaluation.  Any evaluation of treatment facilities must include, but is 
not limited to, administrative adequacy and capacity, policies and treatment planning and 
delivery.  Alcohol and drug abuse Substance use disorder prevention and treatment 
services authorized by this Act and by the following federal laws and amendments that 
relate to drug abuse substance use disorder prevention must be evaluated:
A.  The Drug Abuse Office and Treatment Act of 1972, 21 United States Code, 
Section 1101 et seq. (1982);
B.  The Community Mental Health Centers Act, 42 United States Code, Section 2688 
et seq. (1982);
C.  The Public Health Service Act, 42 United States Code, Section 1 et seq. (1982);
D.  The Vocational Rehabilitation Act, 29 United States Code, Section 701 et seq. 
(1982);
E.  The Social Security Act, 42 United States Code, Section 301 et seq. (1982); and
F.  
The federal Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982) and similar 
Acts.
Sec. A-35.  5 MRSA §20043, as amended by PL 2011, c. 657, Pt. AA, §§36 to 38, 
is further amended to read:
§20043.  Acceptance for treatment of alcoholics, drug users, persons with substance 
use disorder and drug-dependent persons
The 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 users, drug addicts persons with substance 
use disorder and drug-dependent persons.
In establishing rules, the department must be guided by the following standards.
1.  Voluntary basis.  People must be treated on a voluntary basis.
2.  Initial assignment.  A person must be initially assigned or transferred to 
outpatient or intermediate treatment, unless the person is found to require residential 
treatment.
3.  Denial of treatment.  A person may not be denied treatment solely because that 
person has withdrawn from treatment against medical advice on a prior occasion or has 
relapsed after earlier treatment.
4.  Individualized treatment plan.  An individualized treatment plan must be 
prepared and maintained on a current basis for each patient.
5.  Coordinated treatment.  Provision must be made for a continuum of coordinated 
treatment services, so that a person who leaves a facility or a form of treatment has 
available and may utilize other appropriate treatment.
6.  Denial of treatment services.  A person, firm or corporation licensed by the 
department as an approved alcohol or drug substance use disorder treatment facility under 
Title 5, section 20005 to provide shelter or detoxification services, and that receives any 
funds administered by the department to provide substance abuse use disorder prevention 
and treatment services, may not deny treatment to any person because of that person's 
inability or failure to pay any assessed fees.
7.  Community-based.  Treatment must be provided in the least restrictive setting 
possible and in the person's home community wherever possible.
8.  Diagnosing.  Diagnosing of a person's mental capabilities, psychological or 
personality composition, or other nonalcohol-related or drug-related conditions or mental 
states may not be conducted until detoxification is complete and the person is judged to 
be medically no longer under the influence of a chemical or substance of abuse drug.
Sec. A-36.  5 MRSA §20044, as amended by PL 2011, c. 657, Pt. AA, §39, is 
further amended to read:
§20044.  Voluntary treatment of alcoholics, drug users, persons with substance use 
disorder and drug-dependent persons
1.  Voluntary treatment.  An alcoholic, drug abuser user, drug addict person with 
substance use disorder or drug-dependent person may apply for voluntary treatment 
directly to an approved treatment facility.  
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 
department, the administrator in charge of an approved treatment facility may determine 
who may be admitted for treatment.  If a person is refused admission to an approved 
treatment facility, the administrator, subject to rules adopted by the department, shall 
refer the person to another approved treatment facility for treatment if possible and 
appropriate.
3.  Outpatient or intermediate treatment.  If a person receiving residential care 
leaves an approved treatment facility, that person must be encouraged to consent to 
appropriate outpatient or intermediate treatment. 
4.  Discharge.  If a person leaves an approved treatment facility, against the advice of 
the administrator in charge of the facility and that person does not have a home, the 
patient must be assisted in obtaining shelter.
Sec. A-37.  5 MRSA §20047, sub-§2, as amended by PL 2011, c. 657, Pt. AA, 
§40, is further amended to read:
2.  Information for research.  Notwithstanding subsection 1, the commissioner may 
make available information from patients' records for purposes of research into the causes 
and treatment of alcoholism and drug abuse substance use disorder.  Information under 
this subsection may not be published in a way that discloses patients' names or other 
identifying information.
Sec. A-38.  5 MRSA §20065, sub-§1, as amended by PL 1999, c. 401, Pt. FFF, 
§1, is further amended to read:
1.  
Members; appointment.  
The Substance Abuse Use Disorder Services 
Commission, as established by section 12004-G, subsection 13-C, consists of 21 
members.
Sec. A-39.  5 MRSA §20065, sub-§2, as enacted by PL 1993, c. 410, Pt. LL, §12, 
is amended to read:
2.  Qualifications.  To be qualified to serve, members must have education, training, 
experience, knowledge, expertise and interest in drug abuse substance use disorder 
prevention and training.  Members must reflect experiential diversity and concern for 
drug abuse substance use disorder prevention and treatment in the State.  Members must 
have an unselfish and dedicated personal interest demonstrated by active participation in 
drug abuse substance use disorder programs such as prevention, treatment, rehabilitation, 
training or research in drug abuse and alcohol abuse substance use disorder.
Sec. A-40.  5 MRSA §20065, sub-§3, as amended by PL 2001, c. 303, §1, is 
further amended to read:
3.  Members; representation.  The commission consists of the following members:
A.  One member of the Senate, appointed by the President of the Senate, and 5 
members of the Legislature who may be members of either the Senate or the House 
of Representatives, appointed by the President of the Senate if Senators or the 
Speaker of the House if members of the House of Representatives and 2 of these 5 at-
large members of the Legislature must be members of the joint standing committee of 
the Legislature having jurisdiction over health and human services matters;
B.  One physician experienced in the treatment of substance abuse use disorder, 
appointed by the Governor;
C.  One public school superintendent who has experience with school-based 
substance abuse use disorder prevention and education programs, appointed by the 
Governor;
D.  One elementary school educator, appointed by the Governor;
E.  One representative from nominations by a statewide alliance for addiction 
recovery appointed by the Governor;
F.  One attorney who represents clients involved with the substance abuse use 
disorder system, appointed by the Governor;
G.  One educator involved in postsecondary substance abuse use disorder education, 
appointed by the Governor;
H.  One substance abuse use disorder prevention practitioner, one substance abuse 
use disorder education practitioner and one substance abuse use disorder treatment 
practitioner, appointed by the Governor;
I.  One private sector employer familiar with substance abuse use disorder employee 
assistance programs, appointed by the Governor; and
J.  Five members of the public, appointed by the Governor.  In appointing these 5 
members, the Governor shall select members from outstanding people in the 
following areas:
(1)  Drug abuse Substance use disorder prevention;
(2)  Drug abuse Substance use disorder treatment;
(3)  Education;
(4)  Employers; and
(5)  Persons affected by or recovering from alcoholism, chronic intoxication, 
drug abuse or drug dependency or substance use disorder, evidenced by a 
minimum of 3 years of sobriety or abstention from drug abuse or alcohol use.
Sec. A-41.  5 MRSA §20067, as amended by PL 2011, c. 657, Pt. AA, §§44 to 46, 
is further amended to read:
§20067.  Duties of the commission
The commission, in cooperation with the department, has the following duties.
1-A.  Advise the department.  The commission shall advise the department in the 
development and implementation of significant policy matters relating to substance abuse 
use disorder.
2.  Advise, consult and assist.  The commission shall advise, consult and assist the 
Governor, the executive and legislative branches of State Government and the Chief 
Justice of the Supreme Judicial Court with activities of State Government related to drug 
abuse substance use disorder prevention, including alcoholism and intoxication.
3.  Serve as advocate; review and evaluate; inform the public.  The commission 
shall serve as an advocate on alcoholism and drug abuse substance use disorder 
prevention, promoting and assisting activities designed to meet the problems of drug 
abuse substance use and drug dependence at the national and state levels.  With the 
support of the department, the commission shall review and evaluate on a continuing 
basis state and federal policies and programs relating to drug abuse substance use and 
other activities conducted or assisted by state departments or agencies that affect persons 
who abuse use or are dependent on drugs.  In cooperation with the 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.
4.  Report to the Legislature.  The commission shall report annually to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters and the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs on or before the last business day of each year.  The 
report must include developments and needs related to drug abuse substance use disorder 
prevention, including alcoholism and intoxication, and significant policy matters relating 
to substance abuse use disorder.
Sec. A-42.  5 MRSA §20074, as amended by PL 2011, c. 657, Pt. AA, §49, 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 use disorder treatment facility approved or licensed by 
the 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 is not be employed by the same agency as the 
practitioner or counselor conducting the evaluation.
Sec. A-43.  5 MRSA §20078-A, sub-§1, as enacted by PL 1993, c. 631, §7, is 
amended to read:
1.  Qualifications.  Each member of the board must have training, education, 
experience and demonstrated ability in successfully treating clients who have substance 
abuse problems use disorder.  Board members may not hold a current certificate to 
provide driver education, evaluation and treatment services during their terms of 
appointment.
Sec. A-44.  8 MRSA §1001, sub-§§11 and 12, as enacted by PL 2003, c. 687, 
Pt. A, §5 and affected by Pt. B, §11, are amended to read:
11.  Drug user.  "Drug abuser user" has the same meaning as set forth in Title 5, 
section 20003, subsection 10.
12.  Person with substance use disorder.  "Drug addict Person with substance use 
disorder" has the same meaning as set forth in Title 5, section 20003, subsection 11 17-A.
Sec. A-45.  8 MRSA §1003, sub-§3, ¶I, as amended by PL 2013, c. 212, §10, is 
further amended to read:
I.  Establishment of a list of persons who are to be excluded or removed from any slot 
machine facility or casino, including those persons who voluntarily request that their 
names be included on the list of excluded persons.  These rules must:
(1)  Define the standards for exclusion and removal and include standards 
regarding persons who are career or professional offenders, as defined by rules of 
the board, whose presence in a slot machine facility or casino would, in the 
opinion of the board, be inimical to the interest of the State; and
(2) Provide that, before making a payout of winnings in an amount equal to or 
greater than the amount for which the licensee is required to file a Form W-2G or 
substantially equivalent form with the United States Internal Revenue Service, 
the licensee, after any interception of winnings required by law to pay child 
support debt or other obligations, shall intercept money or anything of value that 
an excluded person is seeking to redeem as a result of wagers made by the person 
after that person has been excluded.  The rules must offer the excluded person the 
right to an administrative hearing with reasonable notice to contest the 
interception of winnings.  Winnings intercepted must be remitted by the licensee 
to the board or its designee for deposit in an Other Special Revenue Funds 
account within the office of substance abuse use disorder within the Department 
of Health and Human Services to address gambling addiction;
Sec. A-46.  8 MRSA §1016, sub-§2, ¶E, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, §11, is amended to read:
E.  Is not a fugitive from justice, a drug abuser user, a drug addict person with 
substance use disorder, a drug-dependent person, an illegal alien or a person who was 
dishonorably discharged from the Armed Forces of the United States;
Sec. A-47.  10 MRSA §8003-B, sub-§2-A, as amended by PL 2009, c. 465, §2, is 
further amended to read:
2-A.  Certain client records confidential.  Notwithstanding subsections 1 and 2, a 
treatment record provided to a licensing board or commission or in connection with a 
regulatory function within or affiliated with the department during investigation of a 
person licensed by the department in a medical, mental health, substance abuse use 
disorder, psychological or health field that contains information personally identifying a 
licensee's client or patient is confidential during the pendency of the investigation and 
remains confidential upon the conclusion of the investigation.  A treatment record may be 
disclosed only if:
A.  The client or patient executes a written release that states that:
(1)  Unless the release provides for more limited disclosure, execution of the 
release may result in the record becoming a public record; or
(2)  If the client or patient wishes, execution of the release allows disclosure to 
only the person or persons clearly identified in the release.  The release must 
require the person or persons identified in the release not to make a disclosure to 
another person;
B.  The disclosure is necessary under Title 22, chapter 857 concerning personnel and 
licensure actions;
C.  The disclosure is necessary under Title 22, section 3474 concerning reports of 
suspected adult abuse or exploitation;
D.  The disclosure is necessary under Title 22, section 4011-A concerning reports of 
suspected child abuse or neglect; or
E.  The disclosure is necessary under Title 22, section 7703 concerning reports of 
suspected child or adult abuse or neglect.
A release executed by a client or patient does not operate to disclose a record otherwise 
made confidential by law.
This subsection does not prevent disclosure of records pursuant to an order of a court of 
competent jurisdiction upon good cause shown.
Sec. A-48.  15 MRSA §1026, sub-§3, ¶A, as amended by PL 2015, c. 436, §4, is 
further amended to read:
A.  If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described in subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of 
conditions that the judicial officer determines will reasonably ensure the appearance 
of the defendant at the time and place required, will reasonably ensure that the 
defendant will refrain from any new criminal conduct, will reasonably ensure the 
integrity of the judicial process and will reasonably ensure the safety of others in the 
community.  These conditions may include that the defendant:
(1)  Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure the appearance of the defendant at the time and place required, 
that the defendant will refrain from any new criminal conduct, the integrity of the 
judicial process and the safety of others in the community.  When it is feasible to 
do so, the judicial officer shall impose the responsibility upon the defendant to 
produce the designated person or organization.  The judicial officer may 
interview the designated person or organization to ensure satisfaction of both the 
willingness and ability required.  The designated person or organization shall 
agree to notify immediately the judicial officer of any violation of release by the 
defendant;
(2)  Maintain employment or, if unemployed, actively seek employment;
(3)  Maintain or commence an educational program;
(4)  Abide by specified restrictions on personal associations, place of abode or 
travel;
(5)  Avoid all contact with a victim of the alleged crime, a potential witness 
regarding the alleged crime or with any other family or household members of 
the victim or the defendant or to contact those individuals only at certain times or 
under certain conditions;
(6)  Report on a regular basis to a designated law enforcement agency or other 
governmental agency;
(7)  Comply with a specified curfew;
(8)  Refrain from possessing a firearm or other dangerous weapon;
(9)  Refrain from the possession, use or excessive use of alcohol and from any 
use of illegal drugs.  A condition under this subparagraph may be imposed only 
upon the presentation to the judicial officer of specific facts demonstrating the 
need for such condition;
(9-A)  Submit to:
(a) A random search for possession or use prohibited by a condition imposed 
under subparagraph (8) or (9); or
(b) A search upon articulable suspicion for possession or use prohibited by a 
condition imposed under subparagraph (8) or (9);
(10)  Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose;
(10-A)  Enter and remain in a long-term residential facility for the treatment of 
substance abuse use disorder;
(11)  Execute an agreement to forfeit, in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community and post 
with an appropriate court such evidence of ownership of the property or such 
percentage of the money as the judicial officer specifies;
(12)  Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to 
ensure that the defendant will refrain from any new criminal conduct, to ensure 
the integrity of the judicial process and to ensure the safety of others in the 
community;
(13)  Return to custody for specified hours following release for employment, 
schooling or other limited purposes; 
(14)  Report on a regular basis to the defendant's attorney;
(15)  Notify the court of any changes of address or employment;
(16)  Provide to the court the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times;
(17)  Inform any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently arrested or summonsed for new criminal 
conduct; 
(18)  Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community; and
(19) Participate in an electronic monitoring program, if available.
Sec. A-49.  15 MRSA §1026, sub-§4, ¶C, as amended by PL 2011, c. 680, §2, is 
further amended to read:
C.  The history and characteristics of the defendant, including, but not limited to:
(1)  The defendant's character and physical and mental condition;
(2)  The defendant's family ties in the State;
(3)  The defendant's employment history in the State;
(4)  The defendant's financial resources;
(5)  The defendant's length of residence in the community and the defendant's 
community ties;
(6)  The defendant's past conduct, including any history relating to drug or 
alcohol abuse use;
(7)  The defendant's criminal history, if any;
(8)  The defendant's record concerning appearances at court proceedings;
(9)  Whether, at the time of the current offense or arrest, the defendant was on 
probation, parole or other release pending trial, sentencing, appeal or completion 
of a sentence for an offense in this jurisdiction or another;
(9-A)  Any evidence that the defendant poses a danger to the safety of others in 
the community, including the results of a validated, evidence-based domestic 
violence risk assessment recommended by the Maine Commission on Domestic 
and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and 
approved by the Department of Public Safety;
(10)  Any evidence that the defendant has obstructed or attempted to obstruct 
justice by threatening, injuring or intimidating a victim or a prospective witness, 
juror, attorney for the State, judge, justice or other officer of the court; and
(11)  Whether the defendant has previously violated conditions of release, 
probation or other court orders, including, but not limited to, violating protection 
from abuse orders pursuant to Title 19, section 769 or Title 19-A, section 4011.
Sec. A-50.  15 MRSA §1105, as amended by PL 2003, c. 205, §2, is further 
amended to read:
§1105.  Substance use disorder treatment program
As a condition of post-conviction release, the court may impose the condition of 
participation in an alcohol and drug a substance use disorder treatment program for a 
period not to exceed 24 months pursuant to Title 4, chapter 8.  Upon request of the 
Department of Corrections, the court may require the defendant to pay a substance abuse 
use testing fee as a requirement of participation in the alcohol or drug substance use 
disorder treatment program.  If at any time the court finds probable cause that a defendant 
released with a condition of participation in an alcohol and drug a substance use disorder 
treatment program has intentionally or knowingly violated any requirement of the 
defendant's participation in the alcohol or drug substance use disorder treatment program, 
the court may suspend the order of bail for a period of up to 7 days for any such violation.  
The defendant must be given an opportunity to personally address the court prior to the 
suspension of an order of bail under this section.  A period of suspension of bail is a 
period of detention under Title 17-A, section 1253, subsection 2.  This section does not 
restrict the ability of the court to take actions other than suspension of the order of bail for 
the violation of a condition of participation in an alcohol and drug a substance use 
disorder treatment program or the ability of the court to entertain a motion to revoke bail 
under section 1098 and enter any dispositional order allowed under section 1099-A.  If 
the court orders participation in a drug and alcohol substance use disorder treatment 
program under this section, upon sentencing the court shall consider whether there has 
been compliance with the program.
Sec. A-51.  15 MRSA §3314, sub-§4, as amended by PL 2003, c. 180, §9 and c. 
689, Pt. B, §6, is further amended to read:
4.  Medical support.  Whenever the court commits a juvenile to a Department of 
Corrections juvenile correctional facility or to the Department of Health and Human 
Services or for a period of detention or places a juvenile on a period of probation, it shall 
require the parent or legal guardian to provide medical insurance for or contract to pay 
the full cost of any medical treatment, mental health treatment, substance abuse use 
disorder treatment and counseling that may be provided to the juvenile while the juvenile 
is committed, including while on aftercare status or on probation, unless it determines 
that such a requirement would create an excessive hardship on the parent or legal 
guardian, or other dependent of the parent or legal guardian, in which case it shall require 
the parent or legal guardian to pay a reasonable amount toward the cost, the amount to be 
determined by the court.
An order under this subsection is enforceable under Title 19-A, section 2603.
Sec. A-52.  17-A MRSA §1204, sub-§2-A, ¶I, as amended by PL 1989, c. 693, 
§2, is further amended to read:
I.  To refrain from drug abuse use and use or excessive use of alcohol;
Sec. A-53.  18-A MRSA §9-401, sub-§(d), ¶(6), as enacted by PL 1995, c. 694, 
Pt. C, §7 and affected by Pt. E, §2, is amended to read:
(6).  Has in the family background factors such as severe mental illness, substance 
abuse use disorder, prostitution, genetic or medical conditions or illnesses that place 
the child at risk for future problems.
Sec. A-54.  20-A MRSA §1001, sub-§9, as amended by PL 2011, c. 614, §4, is 
further amended to read:
9.  Students expelled or suspended.  Following a proper investigation of a student's 
behavior and due process proceedings pursuant to subsection 8-A, if found necessary for 
the peace and usefulness of the school, a school board shall expel any student:
A.  Who is deliberately disobedient or deliberately disorderly;
B.  For infractions of violence;
C.  Who possesses on school property a firearm as defined in Title 17-A, section 2, 
subsection 12-A or a dangerous weapon as defined in Title 17-A, section 2, 
subsection 9 without permission of a school official;
D.  Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, 
subsection 9, paragraph A, intentionally or knowingly causes injury or accompanies 
use of a weapon with a threat to cause injury; or
E.  Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 
17-A, chapter 45.
A student may be readmitted on satisfactory evidence that the behavior that was the cause 
of the student being expelled will not likely recur.  The school board may authorize the 
principal to suspend students up to a maximum of 10 days for infractions of school rules.  
In addition to other powers and duties under this subsection, the school board may 
develop a policy requiring a student who is in violation of school substance abuse use or 
possession rules to participate in substance abuse use disorder services as provided in 
section 6606. Nothing in this subsection or subsection 9-C prevents a school board from 
providing educational services in an alternative setting to a student who has been 
expelled.
Sec. A-55.  20-A MRSA §6001-B, sub-§2, ¶B, as enacted by PL 2003, c. 472, 
§1, is amended to read:
B.  Records concerning information on a person's alcohol and other drug abuse 
substance use disorder treatment as those records are described in Title 5, section 
20047;
Sec. A-56.  20-A MRSA §6604, as enacted by PL 1987, c. 395, Pt. A, §70, is 
amended to read:
§6604.  Substance use disorder programs
1.  Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings: 
A.  "Chemical health coordinator" means a person who serves as the coordinator of a 
local school administrative unit's chemical primary and secondary prevention and 
education program.
2.  Local programs. School units may institute special programs to address health 
and related problems.
To further these objectives, school units may employ specialized personnel such as 
chemical health coordinators and others knowledgeable in the field of about substance 
abuse use and may cooperate with public and private agencies in substance abuse use 
disorder education, prevention, early intervention, rehabilitation referral and related 
programs.
Sec. A-57.  20-A MRSA §6605, as amended by PL 1989, c. 700, Pt. A, §51, is 
further amended to read:
§6605.  Department role
1.  Personnel. The commissioner shall appoint, subject to the Civil Service Law, 
supervisors and consultants knowledgeable in the area of about substance abuse use.
2.  Technical assistance. The department, through its supervisors and consultants, 
shall offer technical assistance to public and approved private schools and cooperating 
community-based organizations to aid in the establishment and implementation of school-
based substance abuse use disorder programs and health education curricula.
3.  Cooperation; coordination. The department shall carry out its planning activities 
related to alcohol and drug education and prevention subject to coordination with the 
Alcohol and Drug Abuse Planning Committee.
4.  Information collection and sharing. The Department of Education shall be is 
authorized to gather information about substance abuse use disorder prevention and 
intervention programs initiated by state or federal agencies whose efforts are directed 
toward private and public schools of the State, for the purpose of sharing that information 
with school administrative units.
Sec. A-58.  20-A MRSA §6606, as enacted by PL 1989, c. 708, §3, is amended to 
read:
§6606.  Participation in substance use disorder services
In compliance with written school policy adopted by a school board, the school board 
may require that a student who has been determined to be in violation of school rules 
governing substance abuse use or alcohol or drug possession participate in a substance 
abuse use assessment, education or support group service offered by the school.  The 
school board shall provide for notice to the parents or legal guardian of a student required 
to participate in such services.  If the school board elects to do so, it may request a parent 
or legal guardian to participate in the services.
Sec. A-59.  20-A MRSA §9701, sub-§1, as enacted by PL 1987, c. 827, §1, is 
amended to read:
1.  Drug treatment center.  "Drug treatment center" means a facility as defined in 
Title 22, section 8001, which provides drug and alcohol abuse substance use disorder 
treatment.
Sec. A-60.  20-A MRSA §15672, sub-§30-A, ¶D, as amended by PL 2005, c. 
662, Pt. A, §41, is further amended to read:
D.  Special education costs that are the costs of educational services provided to 
students who are temporarily unable to participate in regular school programs.  
Students who may be included are pregnant students, hospitalized students or those 
confined to their homes for illness or injury, students involved in substance abuse use 
disorder programs within hospital settings or in residential rehabilitation facilities 
licensed by the Department of Health and Human Services, Office of Alcoholism and 
Drug Abuse Prevention for less than 6 weeks duration or students suffering from 
other temporary conditions that prohibit their attendance at school.  Students served 
under this paragraph may not be counted as children with disabilities for federal 
reporting purposes.
Sec. A-61.  22 MRSA §328, sub-§12, as enacted by PL 2001, c. 664, §2, is 
amended to read:
12.  Health services.  "Health services" means clinically related services that are 
diagnostic, treatment, rehabilitative services or nursing services provided by a nursing 
facility.  "Health services" includes alcohol abuse, or drug abuse dependence, substance 
use disorder and mental health services.
Sec. A-62.  22 MRSA §412, sub-§2, as amended by PL 2011, c. 306, §2, is 
further amended to read:
2.  Healthy Maine Partnerships.  Healthy Maine Partnerships is established to 
provide appropriate essential public health services at the local level, including 
coordinated community-based public health promotion, active community engagement in 
local, district and state public health priorities and standardized community-based health 
assessment, that inform and link to districtwide and statewide public health system 
activities.
Healthy Maine Partnerships must include interested community members; leaders of 
formal and informal civic groups; leaders of youth, parent and older adult groups; leaders 
of hospitals, health centers, mental health and substance abuse use disorder treatment 
providers; emergency responders; local government officials; leaders in early childhood 
development and education; leaders of school administrative units and colleges and 
universities; community, social service and other nonprofit agency leaders; leaders of 
issue-specific networks, coalitions and associations; business leaders; leaders of 
faith-based groups; and law enforcement representatives.  Where a service area of 
Healthy Maine Partnerships includes a tribal health department or health clinic, Healthy 
Maine Partnerships shall seek a membership or consultative relationship with leaders and 
members of Indian tribes or designees of health departments or health clinics of Indian 
tribes.
The department and other appropriate state agencies shall provide funds as available to 
coalitions in Healthy Maine Partnerships that meet measurable criteria as set by the 
department for comprehensive community health coalitions.  As funds are available, a 
minimum of one tribal comprehensive community health coalition must be provided 
funding as a member of a Healthy Maine Partnerships coalition.  The tribal district is 
eligible for the same funding opportunities offered to any other district.  The tribal district 
or a tribe is eligible to partner with any coalition in Healthy Maine Partnerships for 
collaborative funding opportunities that are approved by the tribal district coordinating 
council or a tribal health director.
Sec. A-63.  22 MRSA §412, sub-§4, ¶B, as amended by PL 2011, c. 306, §2, is 
further amended to read:
B.  The Maine Center for Disease Control and Prevention, in consultation with 
Healthy Maine Partnerships, shall ensure the invitation of persons to participate on a 
district coordinating council for public health and shall strive to include persons who 
represent the Maine Center for Disease Control and Prevention, county governments, 
municipal governments, Indian tribes and their tribal health departments or health 
clinics, city health departments, local health officers, hospitals, health systems, 
emergency management agencies, emergency medical services, Healthy Maine 
Partnerships, school districts, institutions of higher education, physicians and other 
health care providers, clinics and community health centers, voluntary health 
organizations, family planning organizations, area agencies on aging, mental health 
services, substance abuse use disorder services, organizations seeking to improve 
environmental health and other community-based organizations.
Sec. A-64.  22 MRSA §412, sub-§6, ¶B, as amended by PL 2011, c. 306, §2, is 
further amended to read:
B.  Members of the Statewide Coordinating Council for Public Health are appointed 
as follows.
(1)  Each district coordinating council for public health, including the tribal 
district coordinating council, shall appoint one member.
(2)  The Director of the Maine Center for Disease Control and Prevention or the 
director's designee shall serve as a member.
(3)  The commissioner shall appoint an expert in behavioral health from the 
department to serve as a member.
(4)  The Commissioner of Education shall appoint a health expert from the 
Department of Education to serve as a member.
(5)  
The Commissioner of Environmental Protection shall appoint an 
environmental health expert from the Department of Environmental Protection to 
serve as a member.
(6)  The Director of the Maine Center for Disease Control and Prevention, in 
collaboration with the cochairs of the Statewide Coordinating Council for Public 
Health, shall convene a membership committee.  
After evaluation of the 
appointments to the Statewide Coordinating Council for Public Health, the 
membership committee shall appoint no more than 10 additional members and 
ensure that the total membership has at least one member who is a recognized 
content expert in each of the essential public health services and has 
representation from populations in the State facing health disparities.  The 
membership committee shall also strive to ensure diverse representation on the 
Statewide Coordinating Council for Public Health from county governments, 
municipal governments, tribal governments, tribal health departments or health 
clinics, city health departments, local health officers, hospitals, health systems, 
emergency management agencies, emergency medical services, Healthy Maine 
Partnerships, school districts, institutions of higher education, physicians and 
other health care providers, clinics and community health centers, voluntary 
health organizations, family planning organizations, area agencies on aging, 
mental health services, substance abuse use disorder services, organizations 
seeking to improve environmental health and other community-based 
organizations.
Sec. A-65.  22 MRSA §567, sub-§1, as amended by PL 2009, c. 447, §21, is 
further amended to read:
1.  Acceptable data.  Except as provided in this subsection, 6 months after the 
adoption of rules specified in subsection 2, certification is required of any commercial, 
industrial, municipal, state or federal laboratory that analyzes water, soil, air, solid or 
hazardous waste, or radiological samples for the use of programs of the department or the 
Department of Environmental Protection, except as provided under chapter 411, the 
Maine Medical Laboratory Act; Title 26, chapter 7, subchapter 3-A, Substance Abuse 
Use Testing; and Title 29-A, section 2524, administration of tests to determine an alcohol 
level or drug concentration. 
A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 
may analyze waste discharges for total suspended solids, settleable solids, biological 
or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal 
coliform, E. coli, conductivity, color, temperature and dissolved oxygen without being 
certified under this section.  The exception provided under this paragraph applies to a 
laboratory testing its own samples for pollutants listed in its permit or license; 
pretreatment samples; and samples from other wastewater treatment plants for up to 60 
days per year.  The time period provided in this paragraph, which is a maximum period 
for each treatment plant for which analysis is provided, may be extended by 
memorandum of agreement between the Department of Environmental Protection and the 
Health and Environmental Testing Laboratory.
Sec. A-66.  22 MRSA §1341, sub-§2, ¶C, as amended by PL 2015, c. 507, §1, is 
further amended to read:
C.  Drug abuse Substance use disorder prevention and treatment education; 
Sec. A-67.  22 MRSA §1502, as enacted by PL 1995, c. 694, Pt. C, §8 and 
affected by Pt. E, §2, is amended to read:
§1502.  Consent
In addition to the ability to consent to treatment for health services as provided in 
sections 1823 and 1908 and Title 32, sections 2595, 3292, 3817, 6221 and 7004, a minor 
may consent to treatment for abuse of alcohol or drugs substance use disorder or for 
emotional or psychological problems.
Sec. A-68.  22 MRSA §1511, sub-§6, ¶G, as enacted by PL 1999, c. 401, Pt. V, 
§1, is amended to read:
G.  Substance abuse use disorder prevention and treatment; and
Sec. A-69.  22 MRSA §1711-C, sub-§3, ¶D, as amended by PL 1999, c. 512, Pt. 
A, §5 and affected by §7 and c. 790, Pt. A, §§58 and 60, is further amended to read:
D.  The specific purpose or purposes of the disclosure and whether any subsequent 
disclosures may be made pursuant to the same authorization.  An authorization to 
disclose health care information related to substance abuse use disorder treatment or 
care subject to the requirements of 42 United States Code, Section 290dd-2 
(Supplement 1998) is governed by the provisions of that law;
Sec. A-70.  22 MRSA §1823, as amended by PL 1999, c. 90, §2, is further 
amended to read:
§1823.  Treatment of minors
Any hospital licensed under this chapter or alcohol or drug treatment facility licensed 
pursuant to section 7801 that provides facilities to a minor in connection with the 
treatment of that minor for venereal disease or abuse of drugs or alcohol substance use or 
for the collection of sexual assault evidence through a sexual assault forensic examination 
is under no obligation to obtain the consent of that minor's parent or guardian or to inform 
that parent or guardian of the provision of such facilities so long as such facilities have 
been provided at the direction of the person or persons referred to in Title 32, sections 
2595, 3292, 3817, 6221 or 7004.  The hospital shall notify and obtain the consent of that 
minor's parent or guardian if that hospitalization continues for more than 16 hours.
Sec. A-71.  22 MRSA §2053, sub-§2-A, as amended by PL 2011, c. 542, Pt. A, 
§30, is further amended to read:
2-A.  Community health or social service facility.  "Community health or social 
service facility" means a community-based facility that provides medical or medically 
related diagnostic or therapeutic services, mental health services, services for persons 
with intellectual disabilities or autism, substance abuse use disorder services or family 
counseling and domestic abuse intervention services and is licensed by the State.
Sec. A-72.  22 MRSA §2383-C, sub-§6, as enacted by PL 1997, c. 325, §1, is 
amended to read:
6.  Additional orders.  In addition to the civil forfeitures required by subsection 5, 
the judge may order the person to perform specified work for the benefit of the State, the 
municipality or other public entity or charitable institution or to undergo evaluation, 
education or treatment with a licensed social worker or a licensed substance abuse use 
disorder counselor.  If the judge orders the person to perform specified work or to 
undergo evaluation, education or treatment, the judge may suspend a forfeiture imposed 
pursuant to subsection 5.
Sec. A-73.  22 MRSA §3173-C, sub-§7, ¶P, as amended by PL 2003, c. 20, Pt. 
K, §7, is further amended to read:
P.  Substance abuse use disorder services, $2;
Sec. A-74.  22 MRSA §3173-D, as enacted by PL 1983, c. 752, §1, is amended to 
read:
§3173-D.  Reimbursement for substance use disorder treatment
The department shall provide reimbursement, to the maximum extent allowable, 
under the United States Social Security Act, Title XIX, for alcoholism and drug 
dependency substance use disorder treatment.  Treatment shall must include, but need not 
be limited to, residential treatment and outpatient care as defined in Title 24-A, section 
2842.
Sec. A-75.  22 MRSA §3174-VV, last ¶, as reallocated by RR 2011, c. 2, §27, is 
amended to read:
The department shall adopt rules to implement this section. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Prior to adopting rules under this section, the department shall seek input from 
stakeholders and experts in the field of substance abuse addiction and recovery use 
disorder, including, but not limited to, representatives of the Office of Substance Abuse 
department's office of substance use and mental health services and individuals with 
expertise in medication-assisted treatment.
Sec. A-76.  22 MRSA §3739, sub-§2, ¶G, as amended by PL 2011, c. 657, Pt. 
AA, §63, is further amended to read:
G.  One employee of the organizational unit of the department that provides programs 
and services for substance abuse use disorder prevention and treatment, appointed by 
the commissioner;
Sec. A-77.  22 MRSA §3762, sub-§20, ¶¶C to E, as reallocated by RR 2011, c. 
1, §33, are amended to read:
C.  The results of the 2nd drug test must be available prior to the fair hearing, if 
practicable.  The person shall cooperate in a timely manner in submitting to the 2nd 
drug test.  If the 2nd drug test confirms that the person is using an illegal drug, the 
person may avoid termination of TANF assistance by enrolling in a substance abuse 
use disorder treatment program appropriate to the type of illegal drug being used by 
that person.
D.  If the department determines that, for good cause, a person is unable to enroll in a 
substance abuse use disorder program as required by paragraph C, the person remains 
eligible for TANF assistance until such time that the department determines that the 
person is able to enroll in a substance abuse use disorder treatment program.
E.  The department shall terminate TANF assistance to a person who fails to request a 
fair hearing and submit to a 2nd drug test as described in paragraph B or who fails to 
participate in a substance abuse use disorder treatment program as required pursuant 
to paragraph C or D.
Sec. A-78.  22 MRSA §3788, sub-§11, ¶C, as amended by PL 1997, c. 530, Pt. 
A, §26, is further amended to read:
C.  Subject to the requirements of the Americans with Disabilities Act, if a recipient 
of TANF is hindered from obtaining employment or successfully completing any 
portion of the ASPIRE-TANF program by reason of drug or alcohol abuse substance 
use, the recipient must enter into a drug or alcohol abuse substance use disorder 
treatment program.  This treatment activity may occur at any time during the 
ASPIRE-TANF program.
Sec. A-79.  22 MRSA §3788, sub-§12, ¶C, as amended by PL 1997, c. 530, Pt. 
A, §26, is further amended to read:
C.  All agencies that receive funds from any state agency for the treatment of drug or 
alcohol abuse substance use disorder must require that recipients of TANF be given 
priority for those services.
Sec. A-80.  22 MRSA §4004-B, as amended by PL 2013, c. 192, §2, is further 
amended to read:
§4004-B.  Infants born affected by substance use disorder or after prenatal exposure 
to drugs or with fetal alcohol spectrum disorders
The department shall act to protect infants born identified as being affected by illegal 
substance abuse use, demonstrating withdrawal symptoms resulting from prenatal drug 
exposure, whether the prenatal exposure was to legal or illegal drugs, or having fetal 
alcohol spectrum disorders, regardless of whether the infant is abused or neglected.  The 
department shall:
1.  Receive notifications.  Receive notifications of infants who may be affected by 
illegal substance abuse use or demonstrating withdrawal symptoms resulting from 
prenatal drug exposure or who have fetal alcohol spectrum disorders;
2.  Investigate.  Promptly investigate notifications received of infants born who may 
be affected by illegal substance abuse use or demonstrating withdrawal symptoms 
resulting from prenatal drug exposure or who have fetal alcohol spectrum disorders as 
determined to be necessary by the department to protect the infant;
3.  Determine if infant is affected.  Determine whether each infant for whom the 
department conducts an investigation is affected by illegal substance abuse use, 
demonstrates withdrawal symptoms resulting from prenatal drug exposure or has fetal 
alcohol spectrum disorders;
4.  Determine if infant is abused or neglected.  Determine whether the infant for 
whom the department conducts an investigation is abused or neglected and, if so, 
determine the degree of harm or threatened harm in each case;
5.  Develop plan for safe care.  For each infant whom the department determines to 
be affected by illegal substance abuse use, to be demonstrating withdrawal symptoms 
resulting from prenatal drug exposure or to have fetal alcohol spectrum disorders, 
develop, with the assistance of any health care provider involved in the mother's or the 
child's medical or mental health care, a plan for the safe care of the infant and, in 
appropriate cases, refer the child or mother or both to a social service agency or voluntary 
substance abuse use disorder prevention service; and
6.  Comply with section 4004.  For each infant whom the department determines to 
be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.
Sec. A-81.  22 MRSA §4011-B, sub-§1, as amended by PL 2013, c. 192, §3, is 
further amended to read:
1.  Notification of prenatal exposure to drugs or having fetal alcohol spectrum 
disorders.  A health care provider involved in the delivery or care of an infant who the 
provider knows or has reasonable cause to suspect has been born affected by illegal 
substance abuse use, is demonstrating withdrawal symptoms that require medical 
monitoring or care beyond standard newborn care when those symptoms have resulted 
from or have likely resulted from prenatal drug exposure, whether the prenatal exposure 
was to legal or illegal drugs, or has fetal alcohol spectrum disorders shall notify the 
department of that condition in the infant.  The notification required by this subsection 
must be made in the same manner as reports of abuse or neglect required by this 
subchapter.
A.  This section, and any notification made pursuant to this section, may not be 
construed to establish a definition of "abuse" or "neglect."
B.  This section, and any notification made pursuant to this section, may not be 
construed to require prosecution for any illegal action, including, but not limited to, 
the act of exposing a fetus to drugs or other substances.
Sec. A-82.  22 MRSA §4055, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §9, 
is further amended to read:
C.  The child has been placed in the legal custody or care of the department, the 
parent has a chronic substance abuse problem use disorder, and the parent's prognosis 
indicates that the child will not be able to return to the custody of the parent within a 
reasonable period of time, considering the child's age and the need for a permanent 
home.  The fact that a parent has been unable to provide safe care of a child for a 
period of 9 months due to substance abuse use constitutes a chronic substance abuse 
problem use disorder;
Sec. A-83.  22 MRSA §4099-E, sub-§§1 and 3, as enacted by PL 2009, c. 155, 
§2, are amended to read:
1.  Street and community outreach and drop-in programs.  Youth drop-in centers 
to provide walk-in access to crisis intervention and ongoing supportive services, 
including one-to-one case management services on a self-referral basis and street and 
community outreach programs to locate, contact and provide information, referrals and 
services to homeless youth, youth at risk of homelessness and runaways. Information, 
referrals and services provided may include, but are not limited to family reunification 
services; conflict resolution or mediation counseling; assistance in obtaining temporary 
emergency shelter; case management aimed at obtaining food, clothing, medical care or 
mental health counseling; counseling regarding violence, prostitution, substance abuse 
use disorder, sexually transmitted diseases, HIV and pregnancy; referrals to other 
agencies that provide support services to homeless youth, youth at risk of homelessness 
and runaways; assistance with education, employment and independent living skills; 
aftercare services; and specialized services for highly vulnerable runaways and homeless 
youth, including teen parents, sexually exploited youth and youth with mental illness or 
developmental disabilities;
3.  Transitional living programs.  Transitional living programs to help homeless 
youth find and maintain safe, dignified housing.  The program may also provide rental 
assistance and related supportive services or may refer youth to other organizations or 
agencies that provide such services. Services provided may include, but are not limited to, 
provision of safe, dignified housing; educational assessment and referrals to educational 
programs; career planning, employment, job skills training and independent living skills 
training; job placement; budgeting and money management; assistance in securing 
housing appropriate to needs and income; counseling regarding violence, prostitution, 
substance abuse use disorder, sexually transmitted diseases and pregnancy; referral for 
medical services or chemical dependency treatment; parenting skills; self-sufficiency 
support services or life skills training; and aftercare and follow-up services.
Sec. A-84.  22 MRSA §7245, as enacted by PL 2003, c. 483, §1, is amended to 
read:
§7245.  Legislative intent
It is the intent of the Legislature that the prescription monitoring program established 
pursuant to this chapter serve as a means to promote the public health and welfare and to 
detect and prevent substance abuse use disorder.  This chapter is not intended to interfere 
with the legitimate medical use of controlled substances.
Sec. A-85.  22 MRSA §7261, sub-§1, ¶D, as enacted by PL 2011, c. 217, §1, is 
amended to read:
D.  Other uses of prescription drug data authorized by state law for purposes of 
curtailing drug abuse illegal substance use and diversion; and
Sec. A-86.  22-A MRSA §201, sub-§2-A, ¶C, as enacted by PL 2007, c. 539, Pt. 
N, §42, is amended to read:
C.  Integrated services responsibilities, including but not limited to: 
(1)  Adult and elder services, including but not limited to aging, substance abuse 
use disorder, mental health and disability services;
(2)  Child and family services responsibilities, including but not limited to child 
welfare, children’s behavioral health and early childhood services; and
(3)  Regional operations.
Sec. A-87.  22-A MRSA §203, sub-§1, ¶F, as enacted by PL 2003, c. 689, Pt. A, 
§1, is amended to read:
F.  Substance abuse use disorder prevention and treatment services.
Sec. A-88.  22-A MRSA §206, sub-§8, as enacted by PL 2007, c. 539, Pt. N, §45, 
is amended to read:
8.  Substance use disorder prevention and treatment.  The commissioner shall 
administer and carry out the purposes of the Maine Substance Abuse Use Disorder 
Prevention and Treatment Act.
Sec. A-89.  22-A MRSA §207, sub-§7, as amended by PL 2011, c. 542, Pt. A, 
§52, is further amended to read:
7.  Contracts with health care servicing entities.  The commissioner may enter into 
contracts with health care servicing entities for the financing, management and oversight 
of the delivery of mental health, adult developmental and substance abuse use disorder 
services to clients pursuant to a state or federally sponsored health program in which the 
department participates or that the department administers.  For the purposes of this 
subsection, "health care servicing entity" means a partnership, association, corporation, 
limited liability company or other legal entity that enters into a contract with the State to 
provide or arrange for the provision of a defined set of health care services; to assume 
responsibility for some aspects of quality assurance, utilization review, provider 
credentialing and provider relations or other related network management functions; and 
to assume financial risk for provision of such services to clients through capitation 
reimbursement or other risk-sharing arrangements.  "Health care servicing entity" does 
not include insurers or health maintenance organizations. In contracting with health care 
servicing entities, the commissioner:
A.  Shall include in all contracts with the health care servicing entities standards, 
developed in consultation with the Superintendent of Insurance, to be met by the 
contracting entity in the areas of financial solvency, quality assurance, utilization 
review, network sufficiency, access to services, network performance, complaint and 
grievance procedures and records maintenance;
B.  Prior to contracting with any health care servicing entity, must have in place a 
memorandum of understanding with the Superintendent of Insurance for the 
provision of technical assistance, which must provide for the sharing of information 
between the department and the superintendent and the analysis of that information 
by the superintendent as it relates to the fiscal integrity of the contracting entity;
C.  May require periodic reporting by the health care servicing entity as to activities 
and operations of the entity, including the entity’s activities undertaken pursuant to 
commercial contracts with licensed insurers and health maintenance organizations; 
D.  May share with the Superintendent of Insurance all documents filed by the health 
care servicing entity, including documents subject to confidential treatment if the 
information is treated with the same degree of confidentiality as is required of the 
department; and
E.  May make all necessary rules for the administration of contracts with health care 
servicing entities. All rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. A-90.  24 MRSA §2325-A, sub-§5-C, ¶A-1, as enacted by PL 2003, c. 20, 
Pt. VV, §5 and affected by §25, is amended to read:
A-1.  All group contracts must provide, at a minimum, benefits according to 
paragraph B, subparagraph (1) for a person receiving medical treatment for any of the 
following categories of mental illness as defined in the Diagnostic and Statistical 
Manual, except for those that are designated as "V" codes by the Diagnostic and 
Statistical Manual:
(1)  Psychotic disorders, including schizophrenia;
(2)  Dissociative disorders;
(3)  Mood disorders;
(4)  Anxiety disorders;
(5)  Personality disorders;
(6)  Paraphilias;
(7)  Attention deficit and disruptive behavior disorders;
(8)  Pervasive developmental disorders;
(9)  Tic disorders;
(10)  Eating disorders, including bulimia and anorexia; and
(11)  Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed 
allopathic or osteopathic physician or a licensed psychologist who is trained and has 
received a doctorate in psychology specializing in the evaluation and treatment of 
mental illness.
Sec. A-91.  24 MRSA §2329, sub-§2, ¶C, as amended by PL 1987, c. 735, §41, 
is further amended to read:
C.  "Treatment plan" means a written plan initiated at the time of admission, 
approved by a Doctor of Medicine, Doctor of Osteopathy or a Licensed Substance 
Abuse Use Disorder Counselor employed by a certified or licensed substance abuse 
use disorder program, including, but not limited to, the patient's medical, drug and 
alcoholism substance use history; record of physical examination; diagnosis; 
assessment of physical capabilities; mental capacity; orders for medication, diet and 
special needs for the patient's health or safety and treatment, including medical, 
psychiatric, psychological, social services, individual, family and group counseling; 
and educational, support and referral services.
Sec. A-92.  24 MRSA §2329, sub-§8, as amended by PL 2011, c. 320, Pt. A, §2, 
is further amended to read:
8.  Confidentiality.  Alcoholism and drug dependency treatment patient records are 
confidential.
Sec. A-93.  24-A MRSA §2842, sub-§2, ¶C, as enacted by PL 1983, c. 527, §2, 
is further amended to read:
C.  "Treatment plan" means a written plan initiated at the time of admission, 
approved by a Doctor of Medicine, Doctor of Osteopathy or a Registered Substance 
Abuse Use Disorder Counselor employed by a certified or licensed substance abuse 
use disorder program, including, but not limited to, the patient's medical, drug and 
alcoholism substance use history; record of physical examination; diagnosis; 
assessment of physical capabilities; mental capacity; orders for medication, diet and 
special needs for the patient's health or safety and treatment, including medical, 
psychiatric, psychological, social services, individual, family and group counseling; 
and educational, support and referral services.
Sec. A-94.  24-A MRSA §2842, sub-§8, as amended by PL 2011, c. 320, Pt. A, 
§10, is further amended to read:
8.  Confidentiality. Alcoholism and drug dependency treatment patient records are 
confidential.
Sec. A-95.  24-A MRSA §2843, sub-§5-C, ¶A-1, as enacted by PL 2003, c. 20, 
Pt. VV, §14 and affected by §25, is amended to read:
A-1.  All group contracts must provide, at a minimum, benefits according to 
paragraph B, subparagraph (1) for a person receiving medical treatment for any of the 
following categories of mental illness as defined in the Diagnostic and Statistical 
Manual, except for those that are designated as "V" codes by the Diagnostic and 
Statistical Manual:
(1)  Psychotic disorders, including schizophrenia;
(2)  Dissociative disorders;
(3)  Mood disorders;
(4)  Anxiety disorders;
(5)  Personality disorders;
(6)  Paraphilias;
(7)  Attention deficit and disruptive behavior disorders;
(8)  Pervasive developmental disorders;
(9)  Tic disorders;
(10)  Eating disorders, including bulimia and anorexia; and
(11)  Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed 
allopathic or osteopathic physician or a licensed psychologist who is trained and has 
received a doctorate in psychology specializing in the evaluation and treatment of 
mental illness.
Sec. A-96.  24-A MRSA §4234-A, sub-§6, ¶A-1, as enacted by PL 2003, c. 20, 
Pt. VV, §20 and affected by §25, is amended to read:
A-1.  All group contracts must provide, at a minimum, benefits according to 
paragraph B, subparagraph (1) for a person receiving medical treatment for any of the 
following categories of mental illness as defined in the Diagnostic and Statistical 
Manual, except for those designated as "V" codes in the Diagnostic and Statistical 
Manual:
(1)  Psychotic disorders, including schizophrenia;
(2)  Dissociative disorders;
(3)  Mood disorders;
(4)  Anxiety disorders;
(5)  Personality disorders;
(6)  Paraphilias;
(7)  Attention deficit and disruptive behavior disorders;
(8)  Pervasive developmental disorders;
(9)  Tic disorders;
(10)  Eating disorders, including bulimia and anorexia; and
(11)  Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed 
allopathic or osteopathic physician or a licensed psychologist who is trained and has 
received a doctorate in psychology specializing in the evaluation and treatment of 
mental illness.
Sec. A-97.  24-A MRSA §6917, sub-§3, ¶B, as enacted by PL 2009, c. 359, §4 
and affected by §8, is amended to read:
B.  "Health and medical services" includes, but is not limited to, any services 
included in the furnishing of medical care, dental care to the extent covered under a 
medical insurance policy, pharmaceutical benefits or hospitalization, including but 
not limited to services provided in a hospital or other medical facility; ancillary 
services, including but not limited to ambulatory services; physician and other 
practitioner services, including but not limited to services provided by a physician's 
assistant, nurse practitioner or midwife; and behavioral health services, including but 
not limited to mental health and substance abuse use disorder services. 
Sec. A-98.  25 MRSA §2002, sub-§§3 and 4, as amended by PL 1993, c. 524, 
§1, are further amended to read:
3.  Drug user.  "Drug abuser user" has the same meaning as set forth in Title 5, 
section 20003, subsection 10.
4.  Person with substance use disorder.  "Drug addict Person with substance use 
disorder" has the same meaning as set forth in Title 5, section 20003, subsection 11 17-A.
Sec. A-99.  25 MRSA §2003, sub-§1, ¶D, as amended by PL 2011, c. 298, §7, is 
further amended to read:
D.  Submits an application that contains the following:
(1)  Full name;
(2)  Full current address and addresses for the prior 5 years;
(3)  The date and place of birth, height, weight, color of eyes, color of hair, sex 
and race;
(4)  A record of previous issuances of, refusals to issue and revocations of a 
permit to carry concealed firearms, handguns or other concealed weapons by any 
issuing authority in the State or any other jurisdiction.  The record of previous 
refusals alone does not constitute cause for refusal and the record of previous 
revocations alone constitutes cause for refusal only as provided in section 2005; 
and
(5)  Answers to the following questions:
(a)  Are you less than 18 years of age?
(b)  Is there a formal charging instrument now pending against you in this 
State for a crime under the laws of this State that is punishable by 
imprisonment for a term of one year or more?
(c)  Is there a formal charging instrument now pending against you in any 
federal court for a crime under the laws of the United States that is 
punishable by imprisonment for a term exceeding one year?
(d)  Is there a formal charging instrument now pending against you in another 
state for a crime that, under the laws of that state, is punishable by a term of 
imprisonment exceeding one year?
(e)  If your answer to the question in division (d) is "yes," is that charged 
crime classified under the laws of that state as a misdemeanor punishable by 
a term of imprisonment of 2 years or less?
(f)  Is there a formal charging instrument pending against you in another state 
for a crime punishable in that state by a term of imprisonment of 2 years or 
less and classified by that state as a misdemeanor, but that is substantially 
similar to a crime that under the laws of this State is punishable by 
imprisonment for a term of one year or more?
(g)  Is there a formal charging instrument now pending against you under the 
laws of the United States, this State or any other state or the Passamaquoddy 
Tribe or Penobscot Nation in a proceeding in which the prosecuting authority 
has pleaded that you committed the crime with the use of a firearm against a 
person or with the use of a dangerous weapon as defined in Title 17-A, 
section 2, subsection 9, paragraph A?
(h)  Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c), (d) or (f) and involves bodily 
injury or threatened bodily injury against another person?
(i)  Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (g)?
(j)  Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c), (d) or (f), but does not 
involve bodily injury or threatened bodily injury against another person?
(k)  Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (b), (c), (f) or (g)?
(l)  Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (d)?
(m)  If your answer to the question in division (l) is "yes," was that crime 
classified under the laws of that state as a misdemeanor punishable by a term 
of imprisonment of 2 years or less?
(n)  Have you ever been adjudicated as having committed a juvenile offense 
described in division (h) or (i)?
(o)  Have you ever been adjudicated as having committed a juvenile offense 
described in division (j)?
(p)  Are you currently subject to an order of a Maine court or an order of a 
court of the United States or another state, territory, commonwealth or tribe 
that restrains you from harassing, stalking or threatening your intimate 
partner, as defined in 18 United States Code, Section 921(a), or a child of 
your intimate partner, or from engaging in other conduct that would place 
your intimate partner in reasonable fear of bodily injury to that intimate 
partner or the child?
(q)  Are you a fugitive from justice?
(r)  Are you a drug abuser user, drug addict person with substance use 
disorder or drug dependent drug-dependent person?
(s)  Do you have a mental disorder that causes you to be potentially 
dangerous to yourself or others?
(t)  Have you been adjudicated to be an incapacitated person pursuant to Title 
18-A, Article 5, Parts 3 and 4 and not had that designation removed by an 
order under Title 18-A, section 5-307, subsection (b)?
(u)  Have you been dishonorably discharged from the military forces within 
the past 5 years?
(v)  Are you an illegal alien?
(w)  Have you been convicted in a Maine court of a violation of Title 17-A, 
section 1057 within the past 5 years?
(x)  Have you been adjudicated in a Maine court within the past 5 years as 
having committed a juvenile offense involving conduct that, if committed by 
an adult, would be a violation of Title 17-A, section 1057?
(y)  To your knowledge, have you been the subject of an investigation by any 
law enforcement agency within the past 5 years regarding the alleged abuse 
by you of family or household members?
(z)  Have you been convicted in any jurisdiction within the past 5 years of 3 
or more crimes punishable by a term of imprisonment of less than one year or 
of crimes classified under the laws of a state as a misdemeanor and 
punishable by a term of imprisonment of 2 years or less?
(aa)  Have you been adjudicated in any jurisdiction within the past 5 years to 
have committed 3 or more juvenile offenses described in division (o)?
(bb)  To your knowledge, have you engaged within the past 5 years in 
reckless or negligent conduct that has been the subject of an investigation by 
a governmental entity?
(cc)  Have you been convicted in a Maine court within the past 5 years of any 
Title 17-A, chapter 45 drug crime?
(dd)  Have you been adjudicated in a Maine court within the past 5 years as 
having committed a juvenile offense involving conduct that, if committed by 
an adult, would have been a violation of Title 17-A, chapter 45?
(ee)  Have you been adjudged in a Maine court to have committed the civil 
violation of possession of a useable amount of marijuana, butyl nitrite or 
isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years?
(ff) Have you been adjudicated in a Maine court within the past 5 years as 
having committed the juvenile crime defined in Title 15, section 3103, 
subsection 1, paragraph B of possession of a useable amount of marijuana, as 
provided in Title 22, section 2383?; and
Sec. A-100.  25 MRSA §2005, sub-§3, as amended by PL 1989, c. 917, §15 and 
PL 2003, c. 689, Pt. B, §6, is further amended to read:
3.  Reapplication.  If a permit has been revoked solely under subsection 1, paragraph 
D, the former permit holder may reapply upon successful completion of a substance 
abuse use disorder treatment program approved by the Department of Health and Human 
Services as appropriate for the permit holder's problem or condition.  Except as specified 
in this subsection, no a person, otherwise eligible, who has had a permit revoked, is not 
eligible for reapplication until the expiration of 5 years from the date of revocation.
Sec. A-101.  25 MRSA §5101, as enacted by PL 2015, c. 481, Pt. E, §1, is 
amended to read:
§5101.  Substance Use Disorder Assistance Program
1.  Substance Use Disorder Assistance Program.  The Substance Abuse Use 
Disorder Assistance Program, referred to in this chapter as "the program," is established 
to support persons with presumed substance use disorders disorder by providing grants to 
municipalities and counties to carry out projects designed to reduce substance abuse use, 
substance abuse-related use-related crimes and recidivism.
2.  Eligibility; program targets; projects.  Grants may be awarded to:
A.  Municipal or county governments or regional jails for projects designed to assist 
persons with presumed substance use disorders disorder by diverting alleged low-
level offenders into community-based treatment and support services.  Projects may 
include, but are not limited to:
(1)  Referral of program participants to evidence-based treatment programs, 
including medically assisted treatment; and
(2)  Provision of case management services to program participants in order to 
secure appropriate treatment and support services such as housing, health care, 
job training and mental health services for program participants; and
B.  County governments or regional jails for projects in county or regional jails 
designed to assist persons with presumed substance use disorders disorder.  Projects 
may include, but are not limited to:
(1)  
Provision of evidence-based treatment programs, including medically 
assisted treatment, to jail inmates; and
(2)  Provision of case management or other support services to program 
participants to assist in transition from jail upon release.
3.  Requirements.  A grant application for a project described in subsection 2 must 
include the following:
A.  A statement of purpose and measurable goals for the project and use for the 
funds;
B.  The elements of the project, which must include the targeted population, the 
nature of services or assistance to be provided and expected outcomes;
C.  For diversion projects, a statement of the municipality's or county's diversion 
policy, including criteria for selecting participants for the project;
D.  A review of other substance abuse use disorder services available in the applicant 
municipality or county and communities adjacent to the applicant municipality or 
county and a statement of the unmet needs to be addressed by the project;
E.  A review of efforts to collaborate among relevant law enforcement agencies, 
treatment providers, harm reduction services, recovery support services and other 
community resources and a summary of collaborative approaches included in the 
project, if any; and
F.  A summary of data to be collected to assess the effectiveness of the project and 
the methodology that will be used to make that assessment.  The data to be collected 
must include measurements of the long-term health, treatment and criminal justice 
involvement outcomes for participants and must be included in reports filed under 
subsection 6 as part of a rigorous evaluation process.
4.  Selection of grant recipients; steering committee.  The Commissioner of Public 
Safety shall review applications submitted by municipalities and counties for grants under 
this chapter.  Preference must be given to collaborative approaches that include treatment 
providers or community-based organizations.  The following steering committee shall 
advise the Commissioner of Public Safety in selecting grant recipients.  The steering 
committee consists of the Commissioner of Corrections or the commissioner's designee 
and representatives of the following organizations, programs and associations selected by 
the Commissioner of Public Safety from suggestions provided by the organizations, 
programs and associations:  a statewide organization of police chiefs; a statewide 
organization of sheriffs; a statewide organization representing physicians; a statewide 
organization representing prosecutors; a statewide organization representing providers of 
legal services for the indigent; peer recovery programs; and harm reduction associations.
5.  Administration of funds.  The policy board established in this State to carry out 
the State's responsibilities under the federal Justice Assistance Act of 1984, the federal 
Anti-Drug Abuse Act of 1986, the federal Anti-Drug Abuse Act of 1988 and the federal 
Violent Crime Control and Law Enforcement Act of 1994, known as "the Justice 
Assistance Council," shall administer grant funds appropriated for use under this chapter 
and disburse the funds to municipalities, counties and regional jails selected under 
subsection 4.  The department may retain up to 5% of funds to cover administrative 
expenses.
6.  Reports.  A recipient of a grant under subsection 4 shall report to the 
Commissioner of Public Safety annually on the anniversary date of the grant award 
regarding the status of the project for which the grant was awarded.  The report must 
include a description of how the grant funds were spent, the results of the project and any 
recommendations for modification of the project, including any available information 
concerning the project's effectiveness in reducing substance abuse use disorder and 
recidivism.
Sec. A-102.  26 MRSA §681, as amended by PL 2011, c. 196, §1, is further 
amended to read:
§681.  Purpose; applicability
1.  Purpose.  This subchapter is intended to:
A.  Protect the privacy rights of individual employees in the State from undue 
invasion by employers through the use of substance abuse use tests while allowing 
the use of tests when the employer has a compelling reason to administer a test;
B.  Ensure that, when substance abuse use tests are used, proper test procedures are 
employed to protect the privacy rights of employees and applicants and to achieve 
reliable and accurate results;
C.  Ensure that an employee with a substance abuse problem use disorder receives an 
opportunity for rehabilitation and treatment of the disease and returns to work as 
quickly as possible; and
D.  Eliminate drug use in the workplace.
2.  Employer discretion.  This subchapter does not require or encourage employers 
to conduct substance abuse use testing of employees or applicants.  An employer who 
chooses to conduct such testing is limited by this subchapter, but may establish policies 
which that are supplemental to and not inconsistent with this subchapter.
3.  Collective bargaining agreements.  This subchapter does not prevent the 
negotiation of collective bargaining agreements that provide greater protection to 
employees or applicants than is provided by this subchapter.
A labor organization with a collective bargaining agreement effective in the State may 
conduct a program of substance abuse use testing of its members.  The program may 
include testing of new members and periodic testing of all members.  It may not include 
random testing of members.  The program may be voluntary.  The results may not be 
used to preclude referral to a job where testing is not required or to otherwise discipline a 
member.  Sample collection and testing must be done in accordance with this subchapter.  
Approval of the Department of Labor is not required.
4.  Home rule authority preempted.  No A municipality may not enact any 
ordinance under its home rule authority regulating an employer's use of substance abuse 
use tests.
5.  Contracts for work out of State.  All employment contracts subject to the laws 
of this State shall must include an agreement that this subchapter will apply to any 
employer who hires employees to work outside the State.
6.  Medical examinations.  This subchapter does not prevent an employer from 
requiring or performing medical examinations of employees or applicants or from 
conducting medical screenings to monitor exposure to toxic or other harmful substances 
in the workplace, provided that as long as these examinations are not used to avoid the 
restrictions of this subchapter.  No such An examination under this subsection may not 
include the use of any substance abuse use test except in compliance with this subchapter.
7.  Other discipline unaffected.  This subchapter does not prevent an employer from 
establishing rules related to the possession or use of substances of abuse by employees, 
including convictions for drug-related substance-related offenses, and taking action based 
upon a violation of any of those rules, except when a substance abuse use test is required, 
requested or suggested by the employer or used as the basis for any disciplinary action.
8.  Nuclear power plants; federal law.  The following limitations apply to the 
application of this subchapter.
A.  This subchapter does not apply to nuclear electrical generating facilities and their 
employees, including independent contractors and employees of independent 
contractors who are working at nuclear electrical generating facilities.
C.  This subchapter does not apply to any employer subject to a federally mandated 
drug and alcohol substance use testing program, including, but not limited to, testing 
mandated by the federal Omnibus Transportation Employee Testing Act of 1991, 
Public Law 102-143, Title V, and its employees, including independent contractors 
and employees of independent contractors who are working for or at the facilities of 
an employer who is subject to such a federally mandated drug and alcohol substance 
use testing program.
Sec. A-103.  26 MRSA §682, as amended by PL 2007, c. 695, Pt. B, §5, is further 
amended to read:
§682.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings.
1.  Applicant.  "Applicant" means any person seeking employment from an 
employer.  The term "Applicant" includes any person using an employment agency's 
services.
2.  Employee.  "Employee" means a person who is permitted, required or directed by 
any employer to engage in any employment for consideration of direct gain or profit.  A 
person separated from employment while receiving a mandated benefit, including but not 
limited to workers' compensation, unemployment compensation and family medical 
leave, is an employee for the period the person receives the benefit and for a minimum of 
days beyond the termination of the benefit.  A person separated from employment 
while receiving a nonmandated benefit is an employee for a minimum of 30 days beyond 
the separation.
A.  A full-time employee is an employee who customarily works 30 hours or more 
each week.
3.  Employer.  "Employer" means any person, partnership, corporation, association 
or other legal entity, public or private, that employs one or more employees.  The term 
"Employer" also includes an employment agency.
3-A.  Medically disqualified.  "Medically disqualified" means that an employee is 
prohibited by a federal law or regulation, or any rules adopted by the State's Department 
of Public Safety that incorporate any federal laws or regulations related to substance 
abuse use testing for motor carriers, from continuing in the employee's former 
employment position due to the result of a substance abuse use test conducted under the 
federal law or regulation or the Department of Public Safety rule.
4.  Negative test result.  "Negative test result" means a test result that indicates that:
A.  A substance of abuse is not present in the tested sample; or
B.  A substance of abuse is present in the tested sample in a concentration below the 
cutoff level.
5.  Positive test result.  "Positive test result" means a test result that indicates the 
presence of a substance of abuse in the tested sample above the cutoff level of the test.
A.  "Confirmed positive result" means a confirmation test result that indicates the 
presence of a substance of abuse above the cutoff level in the tested sample.
6.  Probable cause.  "Probable cause" means a reasonable ground for belief in the 
existence of facts that induce a person to believe that an employee may be under the 
influence of a substance of abuse, provided that the existence of probable cause may not 
be based exclusively on any of the following:
A.  Information received from an anonymous informant;
B.  Any information tending to indicate that an employee may have possessed or used 
a substance of abuse off duty, except when the employee is observed possessing or 
ingesting any substance of abuse either while on the employer's premises or in the 
proximity of the employer's premises during or immediately before the employee's 
working hours; or
C.  A single work-related accident.
7.  Substance use test.  "Substance abuse use test" means any test procedure 
designed to take and analyze body fluids or materials from the body for the purpose of 
detecting the presence of substances of abuse.  The term "Substance use test" does not 
include tests designed to determine blood-alcohol concentration levels from a sample of 
an individual's breath.
A.  "Screening test" means an initial substance abuse use test performed through the 
use of immunoassay technology or a federally recognized substance abuse use test, or 
a test technology of similar or greater accuracy and reliability approved by the 
Department of Health and Human Services under rules adopted under section 687, 
and that is used as a preliminary step in detecting the presence of substances of abuse.
(1)  A screening test of an applicant's urine or saliva may be performed at the 
point of collection through the use of a noninstrumented point of collection test 
device approved by the federal Food and Drug Administration.  Section 683, 
subsection 5-A governs the use of such tests.
B.  "Confirmation test" means a 2nd substance abuse use test that is used to verify the 
presence of a substance of abuse indicated by an initial positive screening test result 
and is a federally recognized substance abuse use test or is performed through the use 
of liquid or gas chromatography-mass spectrometry.
C.  "Federally recognized substance abuse use test" means any substance abuse use 
test recognized by the federal Food and Drug Administration as accurate and reliable 
through the administration's clearance or approval process.
8.  Substance.  "Substance of abuse" means any scheduled drug, alcohol or other 
drug, or any of their metabolites.
A.  "Alcohol" has the same meaning as found in Title 28-A, section 2, subsection 2.
B.  "Drug" has the same meaning as found in Title 32, section 13702-A, subsection 
11.
C.  "Scheduled drug" has the same meaning as found in Title 17-A, section 1101, 
subsection 11.
Sec. A-104.  26 MRSA §683, as amended by PL 2011, c. 657, Pt. AA, §72, is 
further amended to read:
§683.  Testing procedures
No An employer may not require, request or suggest that any employee or applicant 
submit to a substance abuse use test except in compliance with this section.  All actions 
taken under a substance abuse use testing program shall must comply with this 
subchapter, rules adopted under this subchapter and the employer's written policy 
approved under section 686.
1.  Employee assistance program required.  Before establishing any substance 
abuse use testing program for employees, an employer with over 20 full-time employees 
must have a functioning employee assistance program.
A.  The employer may meet this requirement by participating in a cooperative 
employee assistance program that serves the employees of more than one employer.
B.  The employee assistance program must be certified by the 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.
2.  Written policy.  Before establishing any substance abuse use testing program, an 
employer must shall develop or, as required in section 684, subsection 3, paragraph C, 
must appoint an employee committee to develop a written policy in compliance with this 
subchapter providing for, at a minimum:
A.  The procedure and consequences of an employee's voluntary admission of a 
substance abuse use problem and any available assistance, including the availability 
and procedure of the employer's employee assistance program;
B.  When substance abuse use testing may occur. The written policy must describe:
(1)  Which positions, if any, will be subject to testing, including any positions 
subject to random or arbitrary testing under section 684, subsection 3.  For 
applicant testing and probable cause testing of employees, an employer may 
designate that all positions are subject to testing; and
(2)  The procedure to be followed in selecting employees to be tested on a 
random or arbitrary basis under section 684, subsection 3;
C.  The collection of samples.
(1)  The collection of any sample for use in a substance abuse use test must be 
conducted in a medical facility and supervised by a licensed physician or nurse.  
A medical facility includes a first aid station located at the work site.
(2)  An employer may not require an employee or applicant to remove any 
clothing for the purpose of collecting a urine sample, except that:
(a)  An employer may require that an employee or applicant leave any 
personal belongings other than clothing and any unnecessary coat, jacket or 
similar outer garments outside the collection area; or
(b)  If it is the standard practice of an off-site medical facility to require the 
removal of clothing when collecting a urine sample for any purpose, the 
physician or nurse supervising the collection of the sample in that facility 
may require the employee or applicant to remove their clothing.
(3)  No An employee or applicant may not be required to provide a urine sample 
while being observed, directly or indirectly, by another individual.
(4)  The employer may take additional actions necessary to ensure the integrity of 
a urine sample if the sample collector or testing laboratory determines that the 
sample may have been substituted, adulterated, diluted or otherwise tampered 
with in an attempt to influence test results.  The Department of Health and 
Human Services shall adopt rules governing when those additional actions are 
justified and the scope of those actions.  These rules may not permit the direct or 
indirect observation of the collection of a urine sample.  If an employee or 
applicant is found to have twice substituted, adulterated, diluted or otherwise 
tampered with the employee's or applicant's urine sample, as determined under 
the rules adopted by the department, the employee or applicant is deemed to have 
refused to submit to a substance abuse use test.
(5)  If the employer proposes to use the type of screening test described in section 
682, subsection 7, paragraph A, subparagraph (1), the employer's policy must 
include:
(a)  Procedures to ensure the confidentiality of test results as required in 
section 685, subsection 3; and
(b)  Procedures for training persons performing the test in the proper manner 
of collecting samples and reading results, maintaining a proper chain of 
custody and complying with other applicable provisions of this subchapter;
D.  The storage of samples before testing sufficient to inhibit deterioration of the 
sample;
E.  The chain of custody of samples sufficient to protect the sample from tampering 
and to verify the identity of each sample and test result;
F.  The substances of abuse to be tested for;
G.  The cutoff levels for both screening and confirmation tests at which the presence 
of a substance of abuse in a sample is considered a positive test result.
(1)  Cutoff levels for confirmation tests for marijuana may not be lower than 15 
nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for 
urine samples.
(2)  The Department of Health and Human Services shall adopt rules under 
section 687 regulating screening and confirmation cutoff levels for other 
substances of abuse, including those substances tested for in blood samples under 
subsection 5, paragraph B, to ensure that levels are set within known tolerances 
of test methods and above mere trace amounts.  An employer may request that 
the Department of Health and Human Services establish a cutoff level for any 
substance of abuse for which the department has not established a cutoff level.
(3)  Notwithstanding subparagraphs (1) and (2), if the Department of Health and 
Human Services does not have established cutoff levels or procedures for any 
specific federally recognized substance abuse use test, the minimum cutoff levels 
and procedures that apply are those set forth in the Federal Register, Volume 69, 
No. 71, sections 3.4 to 3.7 on pages 19697 and 19698;
H.  The consequences of a confirmed positive substance abuse use test result;
I.  The consequences for refusal to submit to a substance abuse use test;
J.  Opportunities and procedures for rehabilitation following a confirmed positive 
result;
K.  A procedure under which an employee or applicant who receives a confirmed 
positive result may appeal and contest the accuracy of that result.  The policy must 
include a mechanism that provides an opportunity to appeal at no cost to the 
appellant; and
L.  Any other matters required by rules adopted by the Department of Labor under 
section 687.
An employer must shall consult with the employer's employees in the development of any 
portion of a substance abuse use testing policy under this subsection that relates to the 
employees.  The employer is not required to consult with the employees on those portions 
of a policy that relate only to applicants.  The employer shall send a copy of the final 
written policy to the Department of Labor for review under section 686.  The employer 
may not implement the policy until the Department of Labor approves the policy.  The 
employer shall send a copy of any proposed change in an approved written policy to the 
Department of Labor for review under section 686.  The employer may not implement the 
change until the Department of Labor approves the change.
3.  Copies to employees and applicants.  The employer shall provide each employee 
with a copy of the written policy approved by the Department of Labor under section 686 
at least 30 days before any portion of the written policy applicable to employees takes 
effect.  The employer shall provide each employee with a copy of any change in a written 
policy approved by the Department of Labor under section 686 at least 60 days before 
any portion of the change applicable to employees takes effect.  The Department of Labor 
may waive the 60-day notice for the implementation of an amendment covering 
employees if the amendment was necessary to comply with the law or if, in the judgment 
of the department, the amendment promotes the purpose of the law and does not lessen 
the protection of an individual employee.  If an employer intends to test an applicant, the 
employer shall provide the applicant with a copy of the written policy under subsection 2 
before administering a substance abuse use test to the applicant.  The 30-day and 60-day 
notice periods provided for employees under this subsection do not apply to applicants.
4.  Consent forms prohibited.  An employer may not require, request or suggest that 
any employee or applicant sign or agree to any form or agreement that attempts to:
A.  Absolve the employer from any potential liability arising out of the imposition of 
the substance abuse use test; or
B.  Waive an employee's or applicant's rights or eliminate or diminish an employer's 
obligations under this subchapter except as provided in subsection 4-A.
Any form or agreement prohibited by this subsection is void.
4-A.  Waivers for temporary employment.  An employment agency, as defined in 
section 611, may request a written waiver for a temporary placement from an individual 
already in its employ or on a roster of eligibility as long as the client company has an 
approved substance abuse use testing policy and the individual has not been assigned 
work at the client company in the 30 days previous to the request.  The waiver is only to 
allow a test that might not otherwise be allowed under this subchapter.  The test must 
otherwise comply with the standards of this subchapter and the employment agency's 
approved policy regarding applicant testing.  The agency may not take adverse action 
against the individual for refusal to sign a waiver.
5.  Right to obtain other samples.  At the request of the employee or applicant at the 
time the test sample is taken, the employer shall, at that time:
A.  Segregate a portion of the sample for that person's own testing.  Within 5 days 
after notice of the test result is given to the employee or applicant, the employee or 
applicant shall notify the employer of the testing laboratory selected by the employee 
or applicant.  This laboratory must comply with the requirements of this section 
related to testing laboratories.  When the employer receives notice of the employee or 
applicant's selection, the employer shall promptly send the segregated portion of the 
sample to the named testing laboratory, subject to the same chain of custody 
requirements applicable to testing of the employer's portion of the sample.  The 
employee or applicant shall pay the costs of these tests.  Payment for these tests may 
not be required earlier than when notice of the choice of laboratory is given to the 
employer; and
B.  In the case of an employee, have a blood sample taken from the employee by a 
licensed physician, registered physician's assistant, registered nurse or a person 
certified by the Department of Health and Human Services to draw blood samples.  
The employer shall have this sample tested for the presence of alcohol or marijuana 
metabolites, if those substances are to be tested for under the employer's written 
policy.  If the employee requests that a blood sample be taken as provided in this 
paragraph, the employer may not test any other sample from the employee for the 
presence of these substances.
(1)  The Department of Health and Human Services may identify, by rules 
adopted under section 687, other substances of abuse for which an employee may 
request a blood sample be tested instead of a urine sample if the department 
determines that a sufficient correlation exists between the presence of the 
substance in an individual's blood and its effect upon the individual's 
performance.
(2)  No An employer may not require, request or suggest that any employee or 
applicant provide a blood sample for substance abuse use testing purposes nor 
may any employer conduct a substance abuse use test upon a blood sample 
except as provided in this paragraph.
(3)  Applicants do not have the right to require the employer to test a blood 
sample as provided in this paragraph.
5-A.  Point of collection screening test.  Except as provided in this subsection, all 
provisions of this subchapter regulating screening tests apply to noninstrumented point of 
collection test devices described in section 682, subsection 7, paragraph A, subparagraph 
(1).
A.  A noninstrumented point of collection test described in section 682, subsection 7, 
paragraph A, subparagraph (1) may be performed at the point of collection rather 
than in a laboratory.  Subsections 6 and 7 and subsection 8, paragraphs A to C do not 
apply to such screening tests.  Subsection 5 applies only to a sample that results in a 
positive test result.
B.  Any sample that results in a negative test result must be destroyed.  Any sample 
that results in a postive positive test result must be sent to a qualified testing 
laboratory consistent with subsections 6 to 8 for confirmation testing.
C.  A person who performs a point of collection screening test or a confirmation test 
may release the results of that test only as follows.
(1)  For a point of collection screening test that results in a preliminary positive 
or negative test result, the person performing the test shall release the test result 
to the employee who is the subject of the test immediately.
(2)  For a point of collection screening test that results in a preliminary positive 
test result, the person performing the test may not release the test result to the 
employer until after the result of the confirmation test has been determined.
(3)  For a point of collection screening test that results in a preliminary negative 
test result, the person performing the test may not release the test result to the 
employer until after the result of a confirmation test would have been determined 
if one had been performed.
(4)  For a confirmation test, the person performing the test shall release the result 
immediately to the employee who is the subject of the test and to the employer.
6.  Qualified testing laboratories required.  No An employer may not perform any 
substance abuse use test administered to any of that employer's employees.  An employer 
may perform screening tests administered to applicants if the employer's testing facilities 
comply with the requirements for testing laboratories under this subsection.  Except as 
provided in subsection 5-A, any substance abuse use test administered under this 
subchapter must be performed in a qualified testing laboratory that complies with this 
subsection.
B.  The laboratory must have written testing procedures and procedures to ensure a 
clear chain of custody.
C.  The laboratory must demonstrate satisfactory performance in the proficiency 
testing program of the National Institute on Drug Abuse, the College of American 
Pathology or the American Association for Clinical Chemistry.
D.  The laboratory must comply with rules adopted by the Department of Health and 
Human Services under section 687.  These rules shall must ensure that:
(1)  The laboratory possesses all licenses or certifications that the department 
finds necessary or desirable to ensure reliable and accurate test results;
(2)  The laboratory follows proper quality control procedures, including, but not 
limited to:
(a)  The use of internal quality controls during each substance abuse use test 
conducted under this subchapter, including the use of blind samples and 
samples of known concentrations which that are used to check the 
performance and calibration of testing equipment;
(b)  The internal review and certification process for test results, including 
the qualifications of the person who performs that function in the testing 
laboratory; and
(c)  Security measures implemented by the testing laboratory; and
(3)  Other necessary and proper actions are taken to ensure reliable and accurate 
test results.
7.  Testing procedure.  A testing laboratory shall perform a screening test on each 
sample submitted by the employer for only those substances of abuse that the employer 
requests to be identified.  If a screening test result is negative, no further test may be 
conducted on that sample.  If a screening test result is positive, a confirmation test shall 
must be performed on that sample.  A testing laboratory shall retain all confirmed 
positive samples for one year in a manner that will inhibit deterioration of the samples 
and allow subsequent retesting.  All other samples shall must be disposed of immediately 
after testing.
8.  Laboratory report of test results.  This subsection governs the reporting of test 
results.
A.  A laboratory report of test results shall must, at a minimum, state:
(1)  The name of the laboratory that performed the test or tests;
(2)  Any confirmed positive results on any tested sample.
(a)  Unless the employee or applicant consents, test results shall may not be 
reported in numerical or quantitative form but shall must state only that the 
test result was positive or negative.  This division does not apply if the test or 
the test results become the subject of any grievance procedure, administrative 
proceeding or civil action.
(b)  A testing laboratory and the employer must shall ensure that an 
employee's unconfirmed positive screening test result cannot be determined 
by the employer in any manner, including, but not limited to, the method of 
billing the employer for the tests performed by the laboratory and the time 
within which results are provided to the employer.  This division does not 
apply to test results for applicants;
(3)  The sensitivity or cutoff level of the confirmation test; and
(4)  Any available information concerning the margin of accuracy and precision 
of the test methods employed.
The report shall may not disclose the presence or absence of evidence of any physical 
or mental condition or of any substance other than the specific substances of abuse 
that the employer requested to be identified.  A testing laboratory shall retain records 
of confirmed positive results in a numerical or quantitative form for at least 2 years.
B.  The employer shall promptly notify the employee or applicant tested of the test 
result.  Upon request of an employee or applicant, the employer shall promptly 
provide a legible copy of the laboratory report to the employee or applicant.  Within 3 
working days after notice of a confirmed positive test result, the employee or 
applicant may submit information to the employer explaining or contesting the 
results.
C.  The testing laboratory shall send test reports for samples segregated at an 
employee's or applicant's request under subsection 5, paragraph A, to both the 
employer and the employee or applicant tested.
D.  Every employer whose policy is approved by the Department of Labor under 
section 686 shall annually send to the department a compilation of the results of all 
substance abuse use tests administered by that employer in the previous calendar 
year.  This report shall must provide separate categories for employees and applicants 
and shall must be presented in statistical form so that no person who was tested by 
that employer can be identified from the report.  The report shall must include a 
separate category for any tests conducted on a random or arbitrary basis under section 
684, subsection 3.
9.  Costs.  The employer shall pay the costs of all substance abuse use tests which 
that the employer requires, requests or suggests that an employee or applicant submit.  
Except as provided in paragraph A, the employee or applicant shall pay the costs of any 
additional substance abuse use tests.
Costs of a substance abuse use test administered at the request of an employee under 
subsection 5, paragraph B, shall must be paid:
A.  By the employer if the test results are negative for all substances of abuse tested 
for in the sample; and
B.  By the employee if the test results in a confirmed positive result for any of the 
substances of abuse tested for in the sample.
10.  Limitation on use of tests.  An employer may administer substance abuse use 
tests to employees or applicants only for the purpose of discovering the use of any 
substance of abuse likely to cause impairment of the user or the use of any scheduled 
drug.  No An employer may not have substance abuse use tests administered to an 
employee or applicant for the purpose of discovering any other information.
11.  Rules.  The Department of Health and Human Services shall adopt any rules 
under section 687 regulating substance abuse use testing procedures that it finds 
necessary or desirable to ensure accurate and reliable substance abuse use testing and to 
protect the privacy rights of employees and applicants.
Sec. A-105.  26 MRSA §684, as amended by PL 2003, c. 547, §2, is further 
amended to read:
§684.  Imposition of tests
1.  Testing of applicants.  An employer may require, request or suggest that an 
applicant submit to a substance abuse use test only if:
A.  The applicant has been offered employment with the employer; or
B.  The applicant has been offered a position on a roster of eligibility from which 
applicants will be selected for employment.  The number of persons on this roster of 
eligibility may not exceed the number of applicants hired by that employer in the 
preceding 6 months.
The offer of employment or offer of a position on a roster of eligibility may be 
conditioned on the applicant receiving a negative test result.
2.  Probable cause testing of employees.  An employer may require, request or 
suggest that an employee submit to a substance abuse use test if the employer has 
probable cause to test the employee.
A.  The employee's immediate supervisor, other supervisory personnel, a licensed 
physician or nurse, or the employer's security personnel shall must make the 
determination of probable cause.
B.  The supervisor or other person must state, in writing, the facts upon which this the 
determination made under paragraph A is based and provide a copy of the statement 
to the employee.
3.  Random or arbitrary testing of employees.  In addition to testing employees on 
a probable cause basis under subsection 2, an employer may require, request or suggest 
that an employee submit to a substance abuse use test on a random or arbitrary basis if:
A.  The employer and the employee have bargained for provisions in a collective 
bargaining agreement, either before or after the effective date of this subchapter, that 
provide for random or arbitrary testing of employees.  A random or arbitrary testing 
program that would result from implementation of an employer's last best offer is not 
considered a provision bargained for in a collective bargaining agreement for 
purposes of this section;
B.  The employee works in a position the nature of which would create an 
unreasonable threat to the health or safety of the public or the employee's coworkers 
if the employee were under the influence of a substance of abuse.  It is the intent of 
the Legislature that the requirements of this paragraph be narrowly construed; or
C.  The employer has established a random or arbitrary testing program under this 
paragraph that applies to all employees, except as provided in subparagraph (4), 
regardless of position.
(1)  An employer may establish a testing program under this paragraph only if the 
employer has 50 or more employees who are not covered by a collective 
bargaining agreement.
(2)  The written policy required by section 683, subsection 2 with respect to a 
testing program under this paragraph must be developed by a committee of at 
least 10 of the employer's employees.  The employer shall appoint members to 
the committee from a cross-section of employees who are eligible to be tested.  
The committee must include a medical professional who is trained in procedures 
for testing for substances of abuse.  If no such person is employed by the 
employer, the employer shall obtain the services of such a person to serve as a 
member of the committee created under this subparagraph.
(3)  The written policy developed under subparagraph (2) must also require that 
selection of employees for testing be performed by a person or entity not subject 
to the employer's influence, such as a medical review officer.  Selection must be 
made from a list, provided by the employer, of all employees subject to testing 
under this paragraph. The list may not contain information that would identify the 
employee to the person or entity making the selection.
(4)  Employees who are covered by a collective bargaining agreement are not 
included in testing programs pursuant to this paragraph unless they agree to be 
included pursuant to a collective bargaining agreement as described under 
paragraph A.
(5)  Before initiating a testing program under this paragraph, the employer must 
shall obtain from the Department of Labor approval of the policy developed by 
the employee committee, as required in section 686.  If the employer does not 
approve of the written policy developed by the employee committee, the 
employer may decide not to submit the policy to the department and not to 
establish the testing program.  The employer may not change the written policy 
without approval of the employee committee.
(6)  The employer may not discharge, suspend, demote, discipline or otherwise 
discriminate with regard to compensation or working conditions against an 
employee for participating or refusing to participate in an employee committee 
created pursuant to this paragraph.
4.  Testing while undergoing rehabilitation or treatment.  While the employee is 
participating in a substance abuse use rehabilitation program either as a result of 
voluntary contact with or mandatory referral to the employer's employee assistance 
program or after a confirmed positive result as provided in section 685, subsection 2, 
paragraphs B and C, substance abuse use testing may be conducted by the rehabilitation 
or treatment provider as required, requested or suggested by that provider.
A.  Substance abuse use testing conducted as part of such a rehabilitation or treatment 
program is not subject to the provisions of this subchapter regulating substance abuse 
use testing.
B.  An employer may not require, request or suggest that any substance abuse use test 
be administered to any employee while the employee is undergoing such 
rehabilitation or treatment, except as provided in subsections 2 and 3.
C.  The results of any substance abuse use test administered to an employee as part of 
such a rehabilitation or treatment program may not be released to the employer.
5.  Testing upon return to work.  If an employee who has received a confirmed 
positive result returns to work with the same employer, whether or not the employee has 
participated in a rehabilitation program under section 685, subsection 2, the employer 
may require, request or suggest that the employee submit to a subsequent substance abuse 
use test anytime between 90 days and one year after the date of the employee's prior test.  
A test may be administered under this subsection in addition to any tests conducted under 
subsections 2 and 3.  An employer may require, request or suggest that an employee 
submit to a substance abuse use test during the first 90 days after the date of the 
employee's prior test only as provided in subsections 2 and 3.
Sec. A-106.  26 MRSA §685, as amended by PL 2003, c. 547, §3, is further 
amended to read:
§685.  Action taken on substance use tests
Action taken by an employer on the basis of a substance abuse use test is limited as 
provided in this section.
1.  Before receipt of test results.  An employer may suspend an employee with full 
pay and benefits or may transfer the employee to another position with no reduction in 
pay or benefits while awaiting an employee's test results.
2.  Use of confirmation test results.  This subsection governs an employer's use of 
confirmed positive results and an employee's or applicant's refusal to submit to a test 
requested or required by an employer in compliance with this subchapter.
A.  Subject to any limitation of the Maine Human Rights Act or any other state law or 
federal law, an employer may use a confirmed positive result or refusal to submit to a 
test as a factor in any of the following decisions:
(1)  Refusal to hire an applicant for employment or refusal to place an applicant 
on a roster of eligibility;
(2)  Discharge of an employee;
(3)  Discipline of an employee; or
(4)  Change in the employee's work assignment.
A-1.  An employer who tests a person as an applicant and employs that person prior 
to receiving the test result may take no action on a positive result except in 
accordance with the employee provisions of the employer's approved policy.
B.  Before taking any action described in paragraph A in the case of an employee 
who receives an initial confirmed positive result, an employer shall provide the 
employee with an opportunity to participate for up to 6 months in a rehabilitation 
program designed to enable the employee to avoid future use of a substance of abuse 
and to participate in an employee assistance program, if the employer has such a 
program.  The employer may take any action described in paragraph A if the 
employee receives a subsequent confirmed positive result from a test administered by 
the employer under this subchapter.
C.  If the employee chooses not to participate in a rehabilitation program under this 
subsection, the employer may take any action described in paragraph A.  If the 
employee chooses to participate in a rehabilitation program, the following provisions 
apply.
(1)  If the employer has an employee assistance program that offers counseling or 
rehabilitation services, the employee may choose to enter that program at the 
employer's expense.  If these services are not available from an employer's 
employee assistance program or if the employee chooses not to participate in that 
program, the employee may enter a public or private rehabilitation program.
(a)  Except to the extent that costs are covered by a group health insurance 
plan, the costs of the public or private rehabilitation program must be equally 
divided between the employer and employee if the employer has more than 
full-time employees.  This requirement does not apply to municipalities or 
other political subdivisions of the State or to any employer when the 
employee is tested because of the alcohol and controlled substance testing 
mandated by the federal Omnibus Transportation Employee Testing Act of 
1991, Public Law 102-143, Title V.  If necessary, the employer shall assist in 
financing the cost share of the employee through a payroll deduction plan.
(b)  Except to the extent that costs are covered by a group health insurance 
plan, an employer with 20 or fewer full-time employees, a municipality or 
other political subdivision of the State is not required to pay for any costs of 
rehabilitation or treatment under any public or private rehabilitation program.  
An employer is not required to pay for the costs of rehabilitation if the 
employee was tested because of the alcohol and controlled substance testing 
mandated by the federal Omnibus Transportation Employee Testing Act of 
1991, Public Law 102-143, Title V.
(2)  No An employer may not take any action described in paragraph A while an 
employee is participating in a rehabilitation program, except as provided in 
subparagraph (2-A) and except that an employer may change the employee's 
work assignment or suspend the employee from active duty to reduce any 
possible safety hazard.  Except as provided in subparagraph (2-A), an employee's 
pay or benefits may not be reduced while an employee is participating in a 
rehabilitation program, provided that the employer is not required to pay the 
employee for periods in which the employee is unavailable for work for the 
purposes of rehabilitation or while the employee is medically disqualified.  The 
employee may apply normal sick leave and vacation time, if any, for these 
periods.
(2-A)  A rehabilitation or treatment provider shall promptly notify the employer 
if the employee fails to comply with the prescribed rehabilitation program before 
the expiration of the 6-month period provided in paragraph B.  Upon receipt of 
this notice, the employer may take any action described in paragraph A.
(3)  Except as provided in divisions (a) and (b), upon successfully completing the 
rehabilitation program, as determined by the rehabilitation or treatment provider 
after consultation with the employer, the employee is entitled to return to the 
employee's previous job with full pay and benefits unless conditions unrelated to 
the employee's previous confirmed positive result make the employee's return 
impossible.  Reinstatement of the employee must may not conflict with any 
provision of a collective bargaining agreement between the employer and a labor 
organization that is the collective bargaining representative of the unit of which 
the employee is or would be a part.  If the rehabilitation or treatment provider 
determines that the employee has not successfully completed the rehabilitation 
program within 6 months after starting the program, the employer may take any 
action described in paragraph A.
(a)  If the employee who has completed rehabilitation previously worked in 
an employment position subject to random or arbitrary testing under an 
employer's written policy, the employer may refuse to allow the employee to 
return to the previous job if the employer believes that the employee may 
pose an unreasonable safety hazard because of the nature of the position.  The 
employer shall attempt to find suitable work for the employee immediately 
after refusing the employee's return to the previous position.  No A reduction 
may not be made in the employee's previous benefits or rate of pay while the 
employee is awaiting reassignment to work or while working in a position 
other than the previous job.  The employee shall must be reinstated to the 
previous position or to another position with an equivalent rate of pay and 
benefits and with no loss of seniority within 6 months after returning to work 
in any capacity with the employer unless the employee has received a 
subsequent confirmed positive result within that time from a test 
administered under this subchapter or unless conditions unrelated to the 
employee's previous confirmed positive test result make that reinstatement or 
reassignment impossible.  Placement of the employee in suitable work and 
reinstatement may not conflict with any provision of a collective bargaining 
agreement between the employer and a labor organization that is the 
collective bargaining representative of the unit of which the employee is or 
would be a part.
(b)  Notwithstanding division (a), if an employee who has successfully 
completed rehabilitation is medically disqualified, the employer is not 
required to reinstate the employee or find suitable work for the employee 
during the period of disqualification.  The employer is not required to 
compensate the employee during the period of disqualification.  Immediately 
after the employee's medical disqualification ceases, the employer's 
obligations under division (a) attach as if the employee had successfully 
completed rehabilitation on that date.
D.  This subsection does not require an employer to take any disciplinary action 
against an employee who refuses to submit to a test, receives a single or repeated 
confirmed positive result or does not choose to participate in a rehabilitation program.  
This subsection is intended to set minimum opportunities for an employee with a 
substance abuse use problem to address the problem through rehabilitation.  An 
employer may offer additional opportunities, not otherwise in violation of this 
subchapter, for rehabilitation or continued employment without rehabilitation.
3.  Confidentiality.  This subsection governs the use of information acquired by an 
employer in the testing process.
A.  Unless the employee or applicant consents, all information acquired by an 
employer in the testing process is confidential and may not be released to any person 
other than the employee or applicant who is tested, any necessary personnel of the 
employer and a provider of rehabilitation or treatment services under subsection 2, 
paragraph C.  This paragraph does not prevent:
(1) The release of this information when required or permitted by state or federal 
law, including release under section 683, subsection 8, paragraph D; or
(2)  The use of this information in any grievance procedure, administrative 
hearing or civil action relating to the imposition of the test or the use of test 
results.
B.  Notwithstanding any other law, the results of any substance abuse use test 
required, requested or suggested by any employer may not be used in any criminal 
proceeding.
Sec. A-107.  26 MRSA §686, sub-§1, ¶C, as enacted by PL 2009, c. 133, §3, is 
amended to read:
C.  The department shall allow for the use of any federally recognized substance 
abuse use test.
Sec. A-108.  26 MRSA §688, as amended by PL 2011, c. 657, Pt. AA, §74, is 
further amended to read:
§688.  Substance use education
All employers shall cooperate fully with the Department of Labor, 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 use and 
about public and private services available to employees who have a substance abuse 
problem use disorder.
Sec. A-109.  26 MRSA §689, sub-§3, as enacted by PL 1989, c. 536, §§1 and 2 
and affected by c. 604, §§2 and 3, is amended to read:
3.  Harassment.  In addition to the liability imposed under subsection 1, any 
employer who requires or repeatedly attempts to require an employee or applicant to 
submit to a substance abuse use test under conditions that would not justify the test under 
this subchapter or who without substantial justification repeatedly requires an employee 
to submit to a substance abuse use test under section 684, subsection 3:
A.  Is subject to a civil penalty not to exceed $1,000, payable to the affected 
employee, to be recovered in a civil action; and
B.  For any subsequent offense against the same employee, is subject to a civil 
penalty of $2,000, payable to the affected employee, to be recovered in a civil action.
Sec. A-110.  26 MRSA §690, as enacted by PL 1989, c. 536, §§1 and 2 and 
affected by c. 604, §§2 and 3, is further amended to read:
§690.  Report
The Department of Labor shall report to the joint standing committee of the 
Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that 
date thereafter.  This report shall:
1.  List of employers.  List those employers whose substance abuse use testing 
policies have been approved by the Department of Labor under section 686;
2.  Persons tested.  Indicate whether those employers are testing applicants or 
employees, or both;
3.  Random or arbitrary testing.  Indicate those employers whose substance abuse 
use testing policies permit random or arbitrary testing under section 684, subsection 3, 
and describe the employment positions subject to such random or arbitrary testing;
4.  Results.  Provide statistical data relating to the reports received from employers 
indicating the number of substance abuse use tests administered by those employers in 
the previous calendar year and the results of those tests; and
5.  Description.  Briefly describe the general scope and practice of workplace 
substance abuse use testing in the State.
Sec. A-111.  28-A MRSA §1652, sub-§5, as enacted by PL 2013, c. 368, Pt. 
XXXX, §8 and affected by §13, is amended to read:
5.  
Appropriation for substance use disorder prevention and treatment.  
Notwithstanding any provision of law to the contrary, the amount of funds appropriated 
from the General Fund to the Department of Health and Human Services for substance 
abuse use disorder prevention and treatment may not be less than an amount equal to 31% 
of the excise tax collected or received by the bureau under this section.
Sec. A-112.  28-A MRSA §1703, sub-§5, as amended by PL 2013, c. 368, Pt. V, 
§61 and Pt. XXXX, §12 and affected by Pt. XXXX, §13, is further amended to read:
5.  Appropriation.  The amount of funds appropriated from the General Fund to the 
Department of Health and Human Services for substance abuse use disorder prevention 
and treatment may not be less than the dollar amount collected or received by the bureau 
under this section.
Sec. A-113.  29-A MRSA §2455, sub-§3, as amended by PL 2011, c. 657, Pt. 
AA, §79, is further amended to read:
3.  Substance use disorder programs.  Upon receipt of the report required in 
subsection 1, the Secretary of State shall require that the following conditions be met 
before that person may be licensed or permitted to operate a motor vehicle:
A.  Satisfactory completion of the Driver Education and Evaluation Programs of the 
Department of Health and Human Services;
B.  When required, satisfactory completion of a substance abuse use disorder 
treatment program or rehabilitation program approved or licensed by the Department 
of Health and Human Services; and
C.  When required, attendance at an after-care program arranged by the approved 
treatment or rehabilitation program.
Sec. A-114.  30-A MRSA §1556, sub-§1, as amended by PL 2001, c. 659, Pt. F, 
§1, is further amended to read:
1.  Furlough authorized.  The sheriff may establish rules for and permit a prisoner 
under the final sentence of a court a furlough from the county jail in which the prisoner is 
confined.  Furlough may be granted for not more than 3 days at one time in order to 
permit the prisoner to visit a dying relative, to obtain medical services or for any other 
reason consistent with the rehabilitation of an inmate or prisoner that is consistent with 
the laws or rules of the sheriff's department.  Furlough may be granted for a period longer 
than 3 days if required to provide treatment for a physical or mental condition of the 
prisoner, including a substance abuse condition use disorder, as determined by a qualified 
licensed professional.
Sec. A-115.  30-A MRSA §1659-A, sub-§3, ¶E, as enacted by PL 2009, c. 391, 
§6, is amended to read:
E.  The inmate may not use alcohol or illegal drugs or other illegal substances and 
may not abuse alcohol or abuse misuse any other legal substance.
Sec. A-116.  30-A MRSA §4349-A, sub-§1, ¶C, as repealed and replaced by PL 
2013, c. 424, Pt. B, §10, is amended to read:
C.  Areas other than those described in paragraph A or B for the following projects:
(1)  A project related to a commercial or industrial activity that, due to its 
operational or physical characteristics, typically is located away from other 
development, such as an activity that relies on a particular natural resource for its 
operation;
(2)  An airport, port or railroad or industry that must be proximate to an airport, a 
port or a railroad line or terminal;
(3)  A pollution control facility;
(4)  A project that maintains, expands or promotes a tourist or cultural facility 
that is required to be proximate to a specific historic, natural or cultural resource 
or a building or improvement that is related to and required to be proximate to 
land acquired for a park, conservation, open space or public access or to an 
agricultural, conservation or historic easement;
(5)  A project located in a municipality that has none of the geographic areas 
described in paragraph A or B and that prior to January 1, 2000 formally 
requested but had not received from the former State Planning Office funds to 
assist with the preparation of a comprehensive plan or that received funds from 
the department to assist with the preparation of a comprehensive plan within the 
previous 2 years. This exception expires for a municipality 2 years after such 
funds are received; or
(6)  A housing project serving the following: individuals with mental illness, 
developmental disabilities, physical disabilities, brain injuries, substance abuse 
problems use disorder or a human immunodeficiency virus; homeless 
individuals; victims of domestic violence; foster children; or children or adults in 
the custody of the State.  A nursing home is not considered a housing project 
under this paragraph.
Sec. A-117.  30-A MRSA §5002, sub-§6, ¶B, as enacted by PL 1989, c. 601, Pt. 
B, §4, is amended to read:
B.  A person or family that has a primary nighttime residence that is:
(1)  A supervised publicly or privately operated shelter designed to provide 
temporary living accommodations, including, but not limited to, welfare hotels, 
congregate shelters and transitional housing for persons with mental illness or 
substance abuse problems use disorder;
(2)  An institution that provides a temporary residence for individuals intended to 
be institutionalized; or
(3)  A public or private place not designed for, or ordinarily used as, a regular 
sleeping accommodation for human beings.
Sec. A-118.  32 MRSA §64-B, sub-§1, as enacted by PL 2007, c. 402, Pt. E, §4, 
is amended to read:
1.  Habitual substance use.  Habitual substance abuse use that has resulted or is 
foreseeably likely to result in the licensee performing assigned services in a manner that 
endangers the health or safety of patients; 
Sec. A-119.  32 MRSA §90-A, sub-§5, ¶B-3, as enacted by PL 2007, c. 274, 
§25, is amended to read:
B-3.  Any condition or impairment within the preceding 3 years, including, but not 
limited to, substance abuse, alcohol abuse use disorder or a mental, emotional or 
nervous disorder or condition, that in any way affects, or if untreated could impair, 
the licensee's ability to provide emergency medical services or emergency medical 
dispatch services;
Sec. A-120.  32 MRSA §503-B, sub-§1, as enacted by PL 2007, c. 402, Pt. H, §7, 
is amended to read:
1.  Habitual substance use.  Habitual substance abuse use that has resulted or is 
foreseeably likely to result in the applicant or licensee performing services in a manner 
that endangers the health or safety of patients;
Sec. A-121.  32 MRSA §2212, as enacted by PL 2017, c. 305, §1, is amended to 
read:
§2212.  Dispensing opioid medication to patients in opioid treatment programs
A registered professional nurse and a certified nurse practitioner may dispense opioid 
medication for substance abuse use disorder treatment purposes to patients within an 
opioid treatment program under the direction of the medical director of the opioid 
treatment program.
Sec. A-122.  32 MRSA §2258-B, as enacted by PL 2017, c. 305, §2, is amended 
to read:
§2258-B.  Dispensing opioid medication to patients in opioid treatment programs
A licensed practical nurse may dispense opioid medication for substance abuse use 
disorder treatment purposes to patients within an opioid treatment program under the 
direction of the medical director of the opioid treatment program.
Sec. A-123.  32 MRSA §2431-A, sub-§2, ¶B, as amended by PL 1993, c. 600, 
Pt. A, §160, is further amended to read:
B.  Habitual substance abuse use that has resulted or is foreseeably likely to result in 
the licensee performing services in a manner that endangers the health or safety of  
patients;
Sec. A-124.  32 MRSA §3292, as amended by PL 1999, c. 90, §4, is further 
amended to read:
§3292.  Treatment of minors
An individual licensed under this chapter who renders medical care to a minor for 
treatment of venereal disease or abuse of drugs or alcohol substance use or for the 
collection of sexual assault evidence through a sexual assault forensic examination is 
under no obligation to obtain the consent of the minor's parent or guardian or to inform 
the parent or guardian of the treatment. This section may not be construed to prohibit the 
licensed individual rendering the treatment from informing the parent or guardian. For 
purposes of this section, "abuse of drugs substance use" means the use of drugs or alcohol 
solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of 
the central nervous system and not as a therapeutic agent recommended by a practitioner 
in the course of medical treatment.
Sec. A-125.  32 MRSA §3817, as amended by PL 1979, c. 96, §4, is further 
amended to read:
§3817.  Services to minors for substance use
Any person licensed under this chapter who renders psychological services to a minor 
for problems associated with the abuse of drugs or alcohol substance use is under no 
obligation to obtain the consent of said the minor's parent or guardian or to inform such 
the parent or guardian of such services. Nothing in this section shall may be construed so 
as to prohibit the licensed person rendering such services from informing such the parent 
or guardian. For purposes of this section, "abuse of drugs substance use" means the use of 
drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the 
higher functions of the central nervous system and not as a therapeutic agent 
recommended by a practitioner in the course of medical treatment.
Sec. A-126.  32 MRSA §3837-A, sub-§1, ¶B, as enacted by PL 2007, c. 402, Pt. 
Q, §14, is amended to read:
B.  Habitual substance abuse use that has resulted or is forseeably foreseeably likely 
to result in the licensee performing services in a manner that endangers the health or 
safety of patients;
Sec. A-127.  32 MRSA §6202, as amended by PL 1995, c. 394, §3, is further 
amended to read:
§6202.  Objective
The objective of this legislation is to establish a State Board of Alcohol and Drug 
Counselors, which that establishes and ensures high professional standards among 
alcohol and drug counselors and which that encourages and promotes quality treatment 
and rehabilitation services for substance abusers users.
Sec. A-128.  32 MRSA §6203-A, sub-§1, as enacted by PL 2007, c. 402, Pt. U, 
§2, is amended to read:
1.  Agency.  "Agency" means an establishment, organization or institution, public or 
private, that is licensed by the Department of Health and Human Services and that offers, 
purports to offer, maintains or operates one or more programs for the assessment, 
diagnosis, care, treatment or rehabilitation of individuals who are suffering physically, 
emotionally or psychologically from the abuse use of alcohol or other drugs.
Sec. A-129.  32 MRSA §6203-A, sub-§3, as amended by PL 2011, c. 222, §1, is 
further amended to read:
3.  Alcohol and drug counseling services.  "Alcohol and drug counseling services" 
are those counseling services offered for a fee, monetary or otherwise, as part of the 
treatment and rehabilitation of persons abusing using alcohol or other drugs. The purpose 
of alcohol and drug counseling services is to help individuals, families and groups 
confront and resolve problems caused by the abuse use of alcohol or other drugs. Alcohol 
and drug counseling services are the 12 core functions defined by rule of the board. 
"Alcohol and drug counseling services" includes nicotine addiction counseling and 
treatment services.
Sec. A-130.  32 MRSA §6203-A, sub-§7, as enacted by PL 2007, c. 402, Pt. U, 
§2, is amended to read:
7.  Consumer of alcohol and drug counseling services.  "Consumer of alcohol and 
drug counseling services" means a person affected by or recovering from alcoholism or 
other drug abuse use.
Sec. A-131.  32 MRSA §6206, sub-§1, as enacted by PL 1991, c. 456, §11, is 
amended to read:
1.  Peer groups; self-help.  Nothing in this chapter may prevent any person from 
engaging in or offering substance abuse use disorder services such as self-help, 
sponsorship through alcoholics or narcotics anonymous groups or other uncompensated 
substance abuse use disorder assistance.
Sec. A-132.  32 MRSA §6206, sub-§4, as enacted by PL 1991, c. 456, §11, is 
amended to read:
4.  Interns.  Nothing in this chapter may be construed to apply to the activities and 
services of a student, intern or trainee in substance abuse use counseling pursuing a 
course of study in counseling in a regionally accredited institution of higher education or 
training institution, if these activities are performed under supervision and constitute a 
part of the supervised course of study.
Sec. A-133.  32 MRSA §6206, sub-§5, as amended by PL 1993, c. 635, §1, is 
further amended to read:
5.  Other licensed professionals.  Nothing in this chapter may prevent any other 
licensed person in the field of medicine, psychology, nursing, social work or professional 
counseling who is qualified to provide substance abuse use counseling services by virtue 
of the requirements for that profession from engaging in or offering substance abuse use 
counseling services if such a person does not profess to be providing the service of a 
substance abuse use counselor as the sole professional service rendered by that person.  
These professionals may not be required to obtain additional certification in order to 
provide substance abuse use counseling services as permitted by this subsection.
Sec. A-134.  32 MRSA §6217-B, sub-§1, as amended by PL 2007, c. 621, §9, is 
further amended to read:
1.  Active use.  Active abuse use of alcohol or any other drug that in the judgment of 
the board is detrimental to the performance or competency of a licensee of the board; or
Sec. A-135.  32 MRSA §6221, as amended by PL 1991, c. 509, §28, is further 
amended to read:
§6221.  Treatment of minors
Any person licensed under this chapter who renders counseling services to a minor 
for the treatment of problems associated with the abuse of drugs or alcohol substance use 
is under no obligation to obtain the consent of that minor's parent or guardian or to inform 
that parent or guardian of that treatment.  Nothing in this section may be construed so as 
to prohibit the licensed person rendering that treatment from informing that parent or 
guardian.  For the purposes of this section, "abuse of drugs substance use" means the use 
of drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the 
higher functions of the central nervous system and not as a therapeutic agent 
recommended by a practitioner in the course of medical treatment.
Sec. A-136.  32 MRSA §7004, as amended by PL 2007, c. 402, Pt. V, §3, is 
further amended to read:
§7004.  Services to minors for substance use
Any person licensed under this chapter who renders social work services to a minor 
for problems associated with the abuse of drugs or alcohol substance use is under no 
obligation to obtain the consent of that minor's parent or guardian or to inform that parent 
or guardian of the treatment. Nothing in this section may be construed so as to prohibit 
the licensed person rendering this treatment from informing that parent or guardian. For 
purposes of this section, "abuse of drugs substance use" means the use of drugs or alcohol 
solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of 
the central nervous system and not as a therapeutic agent recommended by a practitioner 
in the course of medical treatment.
Sec. A-137.  32 MRSA §9403, sub-§§3-B and 3-C, as enacted by PL 1987, c. 
170, §2, are amended to read:
3-B.  Drug user.  "Drug abuser user" means a person who uses any dangerous 
substance in violation of any law of the State.
3-C.  Person with substance use disorder.  "Drug addict Person with substance use 
disorder" means a drug-dependent person who due to the use of a dangerous substance 
has developed such a tolerance to the substance that abrupt termination of the use of the 
substance would produce withdrawal symptoms.
Sec. A-138.  32 MRSA §9405, sub-§1-A, ¶F, as enacted by PL 1987, c. 170, §8, 
is further amended to read:
F.  Submits an application which contains the following, to be answered by the 
applicant: 
(1)  Full name; 
(2)  Full current address and addresses for the prior 5 years; 
(3)  The date and place of birth, height, weight and color of eyes; 
(4)  A record of previous issuances of, refusals to issue and renew, suspensions 
and revocations of a license to be a contract security company. The record of 
previous refusals to issue alone does not constitute cause for refusal and the 
record of previous refusals to renew and revocations alone constitutes cause for 
refusal only as provided in section 9411-A; 
(5)  The following questions. 
(a)  Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a crime which is punishable by one year or more 
imprisonment or for any other crime alleged to have been committed by you 
with the use of a dangerous weapon, as defined in Title 17-A, section 2, 
subsection 9, or of a firearm against another person? 
(b)  Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense which involves conduct which, if 
committed by an adult, would be punishable by one year or more of 
imprisonment or for any other juvenile offense alleged to have been 
committed by you with the use of a dangerous weapon, as defined in Title 
17-A, section 2, subsection 9, or of a firearm against another person? 
(c)  Have you ever been convicted of a crime described in division (a) or 
adjudicated as having committed a juvenile offense as described in division 
(b)? 
(d)  Is there a formal charging instrument now pending against you in this 
jurisdiction for any crime enumerated in section 9412? 
(e)  Is there a formal charging instrument now pending against you in this 
jurisdiction for a juvenile offense which involves conduct which, if 
committed by an adult, would be a crime enumerated in section 9412? 
(f)  Have you within the past 5 years been convicted of a crime described in 
division (d) or adjudicated as having committed a juvenile offense as 
described in division (e)? 
(g)  Are you a fugitive from justice? 
(h)  Are you a drug abuser user, drug addict person with substance use 
disorder or drug-dependent person? 
(i)  Do you have a mental disorder which causes you to be potentially 
dangerous to yourself or others? 
(j)  Have you been adjudicated to be an incapacitated person pursuant to Title 
18-A, article V, Parts 3 and 4, and not had that designation removed by an 
order under Title 18-A, section 5-307, subsection (b)? 
(k)  Have you been dishonorably discharged from the military forces within 
the past 5 years? 
(l)  Are you an illegal alien?; 
(6)  A list of employees as of the date the applicant signs the application who will 
perform security guard functions within the State.  This list shall identify each 
employee by his full name, full current address and addresses for the prior 5 
years and his date and place of birth, height, weight and color of eyes.  For each 
employee on this list who will perform security guard functions at the site of a 
labor dispute or strike, the applicant shall have previously investigated the 
background of the employee to ensure that the employee meets all of the 
requirements to be a security guard as contained in section 9410-A, subsection 1.  
If the employee meets all of the requirements to be a security guard, the applicant 
shall also submit a statement, signed by the applicant, stating that the applicant 
has conducted this background investigation and that the employee meets the 
requirements contained in section 9410-A, subsection 1; and 
(7)  A photograph of the applicant taken within 6 months of the date the applicant 
affixes his signature to the application; and
Sec. A-139.  32 MRSA §9410-A, sub-§1, ¶H, as enacted by PL 1987, c. 170, 
§12, is amended to read:
H.  Is not a drug abuser user, drug addict person with substance use disorder or drug-
dependent person;
Sec. A-140.  32 MRSA §9860-A, sub-§1, as enacted by PL 2007, c. 402, Pt. X, 
§6, is amended to read:
1.  Substance use.  Habitual substance abuse use or abuse use of other drugs listed as 
controlled substances by the drug enforcement administration federal Drug Enforcement 
Administration that has resulted or is foreseeably likely to result in the licensee 
performing services in a manner that endangers the health or safety of patients; or
Sec. A-141.  32 MRSA §13721, sub-§1, ¶D, as enacted by PL 1987, c. 710, §5, 
is amended to read:
D.  The inspection during business hours of all pharmacies, dispensaries, stores, 
hospital pharmacies, extended care facilities, boarding homes, nursing homes, drug 
abuse substance use disorder treatment centers, penal institutions, family planning 
centers or other drug outlets in which drugs or medicines are manufactured, stored, 
distributed, compounded, dispensed or retailed in this State;
Sec. A-142.  32 MRSA §13856, sub-§1, as amended by PL 1989, c. 895, §9, is 
further amended to read:
1.  Other professionals.  Nothing in this chapter may be construed to apply to the 
activities and services of members of other professions licensed, certified or registered by 
the State such as, but not limited to, psychiatrists, physicians, psychologists, registered 
nurses, social workers and substance abuse use disorder counselors performing 
counseling consistent with the laws of the State governing their practices.
Sec. A-143.  32 MRSA §13861-A, sub-§1, ¶A, as enacted by PL 2007, c. 402, 
Pt. EE, §9, is amended to read:
A.  Habitual substance abuse use or abuse use of other drugs listed as controlled 
substances by the federal Drug Enforcement Administration that has resulted or is 
foreseeably likely to result in the applicant's or licensee's performing services in a 
manner that endangers the health or safety of patients;
Sec. A-144.  32 MRSA §14308-A, sub-§1, as enacted by PL 2007, c. 402, Pt. II, 
§9, is amended to read:
1.  Habitual substance use.  Habitual substance abuse use that has resulted or is 
forseeably foreseeably likely to result in the applicant's or licensee's performing services 
in a manner that endangers the health or safety of clients;
Sec. A-145.  32 MRSA §18393, sub-§2, as enacted by PL 2015, c. 429, §21, is 
amended to read:
2.  General rule of privilege.  A patient has a privilege to refuse to disclose and to 
prevent another person from disclosing confidential communications made for the 
purpose of diagnosis or treatment of the patient's physical, mental or emotional 
conditions, including alcohol or drug addiction substance use disorder, among the patient, 
the patient's dentist and persons who are participating in the diagnosis or treatment under 
the direction of the dentist, including members of the patient's family.
Sec. A-146.  34-A MRSA §1206, sub-§1, ¶D, as amended by PL 2011, c. 542, 
Pt. A, §58, is further amended to read:
D.  
"Human service" means any alcoholism, children's community action, 
corrections, criminal justice, developmental disability, donated food, education, 
elderly, food stamp, income maintenance, health, juvenile, law enforcement, legal, 
medical care, mental health, adult developmental, poverty, public assistance, 
rehabilitation, social, substance abuse use disorder, transportation, welfare or youth 
service operated by a community agency under an agreement financially supporting 
the service, wholly or in part, by funds authorized for expenditure for the department.
Sec. A-147.  34-A MRSA §1206-A, sub-§1, ¶B, as enacted by PL 2009, c. 92, 
§1, is amended to read:
B.  "Community intervention program" means a program operated at the community 
level providing services designed to intervene in the risk factors for reoffending, 
including, but not limited to, mental health, sex offender treatment, social service and 
substance abuse use disorder treatment programs, but not including a batterers' 
intervention program under Title 19-A, section 4014.
Sec. A-148.  34-A MRSA §1208-B, sub-§1, ¶A, as enacted by PL 2015, c. 335, 
§22, is amended to read:
A.  The standards, policies and procedures must address record keeping and reporting 
of financial data, capital improvement planning, jail staffing, administration and 
management of prisoners, transfer of inmates, notification to prisoners of  prohibition 
on contact with victims and other persons, pretrial assessments and services, 
evidence-based programming, literacy programs, mental health and substance abuse 
use disorder programs and correctional officer training.  
Sec. A-149.  34-A MRSA §1214, sub-§5, as enacted by PL 2001, c. 686, Pt. D, 
§1, is amended to read:
5.  Report regarding batterers intervention programs.  Beginning January 2003 
and annually thereafter, the department shall report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice matters regarding the work of 
batterers intervention programs.  The report must include information regarding:  meeting 
program benchmarks and goals, developing and implementing new programs, measuring 
effectiveness of existing programs and communicating and coordinating efforts with 
providers of substance abuse use disorder services, literacy support and other services 
with whom batterers may need to work in order to participate meaningfully in a batterers 
intervention program.
Sec. A-150.  34-A MRSA §3036-A, sub-§3, ¶F, as enacted by PL 1991, c. 845, 
§4, is amended to read:
F.  The prisoner may not possess or use illegal drugs or other illegal substances, may 
not possess or use alcohol and may not abuse misuse any other legal substance.
Sec. A-151.  34-A MRSA §7002, sub-§2, ¶A, as corrected by RR 2003, c. 2, 
§100, is amended to read:
A.  Constitute an interdepartmental coordinating committee on primary prevention, 
which must be chaired by the commissioner or the commissioner's designee and must 
include representation from the Department of Education, Department of Health and 
Human Services, Department of Labor, Department of Public Safety, the Juvenile 
Justice Advisory Group and such other public or private agencies as the 
commissioner may wish to nominate that have responsibilities associated with 
preventing not only delinquency, but also child abuse, substance abuse use disorder, 
running away from home, truancy and failing to complete school and other 
destructive behavior that affects juveniles.  This coordinating committee shall:
(1)  Develop a state primary prevention plan that provides for the use of state 
resources in ways that will strengthen the commitment of local communities to 
altering conditions that contribute to delinquency and other destructive behaviors 
that affect juveniles, so that the burden of state-funded treatment and crisis-
responsive service programs will be reduced.  The plan must provide for the 
coordination and consolidation of the primary prevention planning efforts of each 
of the state agencies specified in this section.  The plan must set forth 
quantifiable and time-limited goals, objectives and strategies and must include 
proposals to integrate and build upon successful primary prevention programs; 
(2)  
Provide for the evaluation of policies and programs developed and 
implemented pursuant to the plan; and 
(3)  Prepare, annually by November 1st, an appraisal of the State's primary 
prevention activities during the previous year and its recommendations for 
programs and activities relating to primary prevention.
Sec. A-152.  34-B MRSA §1208, sub-§1, ¶D, as amended by PL 2011, c. 542, 
Pt. A, §62, is further amended to read:
D.  
"Human service" means any alcoholism, children's community action, 
corrections, criminal justice, developmental disability, donated food, education, 
elderly, food stamp, income maintenance, health, juvenile, law enforcement, legal, 
medical care, mental health, child and adult developmental, poverty, public 
assistance, rehabilitation, social, substance abuse use disorder, transportation, welfare 
or youth service operated by a community agency under an agreement financially 
supporting the service, wholly or in part, by funds authorized for expenditure by the 
department.
Sec. A-153.  34-B MRSA §1221, first ¶, as amended by PL 2007, c. 286, §4, is 
further amended to read:
The regional housing coordinator for each region shall convene a working group 
annually to develop a plan that states how mental health or substance abuse use disorder 
services needed by individuals using homeless shelters will be provided. Each working 
group shall submit a plan annually to the community service network established 
pursuant to section 3608.  The community service network shall review the plan and 
submit it, with any suggested changes, to the Statewide Homeless Council, established 
pursuant to Title 30-A, section 5046.
Sec. A-154.  34-B MRSA §1221, sub-§1, ¶C, as enacted by PL 1997, c. 643, Pt. 
XX, §4, is amended to read:
C.  Representatives of providers of substance abuse use disorder services designated 
by the department;
Sec. A-155.  34-B MRSA §3801, sub-§11, as enacted by PL 2005, c. 519, Pt. 
BBBB, §3 and affected by §20, is amended to read:
11.  Assertive community treatment.  "Assertive community treatment" or "ACT" 
means a self-contained service with a fixed point of responsibility for providing 
treatment, rehabilitation and support services to persons with mental illness for whom 
other community-based treatment approaches have been unsuccessful.  
Assertive 
community treatment uses clinical and rehabilitative staff to address symptom stability; 
relapse prevention; maintenance of safe, affordable housing in normative settings that 
promote well-being; establishment of natural support networks to combat isolation and 
withdrawal; the minimizing of involvement with the criminal justice system; individual 
recovery education; and services to enable the person to function at a work site. Assertive 
community treatment is provided by multidisciplinary teams who are on duty 24 hours 
per day, 7 days per week; teams must include a psychiatrist, registered nurse, certified 
rehabilitation counselor or certified employment specialist, a peer recovery specialist and 
a substance abuse use disorder counselor and may include an occupational therapist, 
community-based mental health rehabilitation technician, psychologist, licensed clinical 
social worker or licensed clinical professional counselor.  An ACT team member who is a 
state employee is, while in good faith performing a function as a member of an ACT 
team, performing a discretionary function within the meaning of Title 14, section 8104-B, 
subsection 3.
Sec. A-156.  36 MRSA §1760, sub-§28, as amended by PL 2011, c. 542, Pt. A, 
§135, is further amended to read:
28.  
Community mental health facilities, community adult developmental 
services facilities and community substance use disorder facilities. Sales to mental 
health facilities, adult developmental services facilities or substance abuse use disorder 
facilities that are:
A.  Contractors under or receiving support under the Federal Community Mental 
Health Centers Act, or its successors; or
B.  Receiving support from the Department of Health and Human Services pursuant 
to Title 5, section 20005 or Title 34-B, section 3604, 5433 or 6204.
Sec. A-157.  36 MRSA §2557, sub-§6, as amended by PL 2011, c. 542, Pt. A, 
§140, is further amended to read:
6.  Community mental health facilities, community adult developmental services 
facilities and community substance use disorder facilities.  Sales to mental health 
facilities, adult developmental services facilities or substance abuse use disorder facilities 
that are:
A.  Contractors under or receiving support under the federal Community Mental 
Health Centers Act, or its successors; or
B.  Receiving support from the Department of Health and Human Services pursuant 
to Title 5, section 20005 or Title 34-B, section 3604, 5433 or 6204;
Sec. A-158.  36 MRSA §2559, as amended by PL 2015, c. 300, Pt. A, §35, is 
further amended to read:
§2559.  Application of revenues
Revenues derived by the tax imposed by this chapter must be credited to a General 
Fund suspense account.  On or before the last day of each month, the State Controller 
shall transfer a percentage of the revenues received by the State Tax Assessor during the 
preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A 
to F and L to the Local Government Fund as provided by Title 30-A, section 5681, 
subsection 5.  The balance remaining in the General Fund suspense account must be 
transferred to service provider tax General Fund revenue.  On or before the 15th day of 
each month, the State Controller shall transfer all revenues received by the assessor 
during the preceding month pursuant to the tax imposed by section 2552, subsection 1, 
paragraphs G to J and M to the Medical Care Services Other Special Revenue Funds 
account, the Other Special Revenue Funds Mental Health Services - Community 
Medicaid program, the Medicaid Services - Adult Developmental Services program and 
the Office of Substance Abuse Use Disorder - Medicaid Seed program within the 
Department of Health and Human Services.
Sec. A-159.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 4, chapter 8, in the chapter headnote, the words 
"alcohol and drug treatment programs" are amended to read "substance use disorder 
treatment programs" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.
Sec. A-160.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 5, Part 25, in the Part headnote, the words "substance 
abuse prevention and treatment" are amended to read "substance use disorder prevention 
and treatment" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes.
Sec. A-161.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"substance abuse prevention and treatment" are amended to read "substance use disorder 
prevention and treatment" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.
Sec. A-162.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 5, chapter 521, subchapter 4-A, in the subchapter 
headnote, the words "substance abuse services commission" are amended to read 
"substance use disorder services commission" and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes.
Sec. A-163.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 20-A, chapter 223, subchapter 7-A, in the subchapter 
headnote, the words "school substance abuse services" are amended to read "school 
substance use disorder services" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes.
Sec. A-164.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 25, Part 13, in the Part headnote, the words 
"substance abuse assistance" are amended to read "substance use disorder assistance" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
Sec. A-165.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 25, chapter 601, in the chapter headnote, the words 
"substance abuse assistance program" are amended to read "substance use disorder 
assistance program" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.
Sec. A-166.  Maine Revised Statutes headnote amended; revision clause.  
In the Maine Revised Statutes, Title 26, chapter 7, subchapter 3-A, in the subchapter 
headnote, the words "substance abuse testing" are amended to read "substance use 
testing" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes.
PART B
Sec. B-1.  Department of Health and Human Services rules, forms, 
policies and publications.  When adopting or amending its rules and developing, 
publishing and issuing forms, policies and publications, the Department of Health and 
Human Services shall replace references to "substance abuse" with references to 
"substance use disorder" and shall ensure that language referring to persons with 
substance use disorder is consistent with respectful language recommended in the final 
report of the Task Force to Address the Opioid Crisis in the State.
Sec. B-2.  Intent; effect.  This Act is not intended to and does not change the 
eligibility requirements for services or benefits or result in an expansion of services or 
benefits provided by the Department of Health and Human Services or impact eligibility 
or requirements for federal programs and grants.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill implements a recommendation of the Task Force to Address the Opioid 
Crisis in the State.
The bill replaces statutory references to "substance abuse" with "substance use 
disorder."  It also replaces statutory references to "addict" with "person with substance 
use disorder." The changes in language are intended to be respectful and minimize stigma 
for individuals who suffer with this disorder.
The bill directs the Department of Health and Human Services to replace references 
to "substance abuse" in its rules, forms, policies and publications with "substance use 
disorder."
The bill is not intended to change eligibility requirements for services or benefits 
provided by the department or affect the State's eligibility or requirements for federal 
programs or grants.