An Act To Ensure the Quality of and Increase Access to Recovery Residences
Maine Legislature, Session 129, LD 1523
Committee: Health and Human Services
Sponsors: BELLOWS, MADIGAN, GRATWICK, MOORE, CRAVEN, HYMANSON, SYLVESTER
Amends: 5 MRSA §12004-G, 5 MRSA §19202, 5 MRSA §20001, 5 MRSA §20002, 5 MRSA §20065, 5 MRSA §20003, 5 MRSA §20005, 5 MRSA §20006-A, 5 MRSA §20007, 5 MRSA §20008, 5 MRSA §20009, 5 MRSA §20022, 5 MRSA §20041, 5 MRSA §20043, 20-A MRSA §6604, 22 MRSA §1341, 22 MRSA §1511, 22 MRSA §3739, 22-A MRSA §203, 22-A MRSA §206, 28-A MRSA §1652, 28-A MRSA §1703, 32 MRSA §6202, 32 MRSA §6203-A

Legislative Document
No. 1523
S.P. 472
In Senate, April 9, 2019
An Act To Ensure the Quality of and Increase Access to Recovery 
Residences
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.
Cosponsored by Representative MADIGAN of Waterville and
Senators: GRATWICK of Penobscot, MOORE of Washington, SANBORN, L. of Cumberland, 
Representatives: CRAVEN of Lewiston, HYMANSON of York, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§13-C, as amended by PL 2017, c. 407, Pt. A, 
§7, is further amended to read:
13-C.  
Sec. 2.  5 MRSA §19202, sub-§2-B, ¶A, as amended by PL 2017, c. 407, Pt. A, 
§9, is further amended to read:
A.  The committee includes 7 members as follows, of whom only the Legislators are 
voting members:
(1)  Two members of the Legislature, one Senator nominated by the President of 
the Senate and one Representative nominated by the Speaker of the House of 
Representatives;
(2)  The director of the HIV, STD and viral hepatitis program within the 
Department of Health and Human Services, Maine Center for Disease Control 
and Prevention;
(3)  A representative of the Department of Education, nominated by the 
Commissioner of Education;
(4)  A representative of the Department of Corrections, nominated by the 
Commissioner of Corrections;
(5)  A representative of the organizational unit of the Department of Health and 
Human Services that provides programs and services for substance use disorder 
prevention and, treatment and recovery, 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. 3.  5 MRSA §20001, as amended by PL 2017, c. 407, Pt. A, §10, is further 
amended to read:
§20001.  Title
This chapter may be known and cited as the "Maine Substance Use Disorder 
Prevention and, Treatment and Recovery Act."
Sec. 4.  5 MRSA §20002, sub-§1, as amended by PL 2017, c. 407, Pt. A, §11, is 
further amended to read:
Executive/Drug 
Prevention and , 
Treatment and 
Recovery
Substance Use 
Disorder Services 
Commission
Expenses Only
MRSA §20065
1.  Integrated and comprehensive approach.  To adopt an integrated approach to 
the problem of substance use disorder and to focus all the varied resources of the State on 
developing a comprehensive and effective range of substance use disorder prevention 
and, treatment and recovery activities and services;
Sec. 5.  5 MRSA §20002, sub-§2, as amended by PL 2017, c. 407, Pt. A, §12, 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 substance use disorder prevention and, 
treatment and recovery activities and services;
Sec. 6.  5 MRSA §20003, sub-§4, as amended by PL 2017, c. 407, Pt. A, §15, is 
further amended to read:
4.  Community service provider.  "Community service provider" means a provider 
of substance use disorder prevention, treatment and recovery services or gambling 
addiction treatment, including, but not limited to, evaluation.
Sec. 7.  5 MRSA §20003, sub-§17-B is enacted to read:
17-B.  Person recovering from substance use disorder.  "Person recovering from 
substance use disorder" means a person with substance use disorder who is engaged in a 
process attempting to improve the person's health and wellness, live a self-directed life 
and reach the person's full potential.
Sec. 8.  5 MRSA §20003, sub-§19-A, as enacted by PL 2017, c. 460, Pt. G, §4, is 
amended to read:
19-A.  Recovery support services.  "Recovery support services" means services that 
recognize recovery is a process of change through which individuals improve their health 
and wellness, live self-directed lives and strive to reach their full potential, including, but 
not limited to, safe housing, transportation, peer mentoring and coaching and assistance 
with and access to employment services.  "Recovery support services" may include 
services provided in an integrated medication-assisted treatment setting or, in a separate 
facility that is staffed by individuals in recovery and that provides services such as 
mentoring, education and resource provision or in a recovery residence.
Sec. 9.  5 MRSA §20003, sub-§§19-C and 19-D are enacted to read:
19-C.  Recovery.  "Recovery," as it pertains to substance use disorder, means the 
process of recovery, restoration or pursuing a cure or remedy.
19-D.  Recovery residence.  "Recovery residence" means a shared living residence 
for persons recovering from substance use disorder that is focused on peer support, 
provides to its residents an environment free of alcohol and illegal drugs and assists its 
residents by connecting the residents to support services or resources in the community 
that are available to persons recovering from substance use disorder.
Sec. 10.  5 MRSA §20003, sub-§21-A, as enacted by PL 2017, c. 407, Pt. A, §23, 
is amended to read:
21-A.  Substance use disorder prevention, treatment and recovery.  "Substance 
use disorder prevention, treatment and recovery" means all facilities, programs or 
services relating to substance use control, education, rehabilitation, research, training and, 
prevention, treatment and recovery, including reinforcing health healthy behaviors and 
lifestyles and reducing risks contributing to alcohol, tobacco and other drug misuse.  
"Substance use disorder prevention, treatment and recovery" does not include any 
function defined in subsection 19 as "prevention of drug traffic."
Sec. 11.  5 MRSA §20005, sub-§1, as amended by PL 2017, c. 407, Pt. A, §25, is 
further amended to read:
1.  State Government.  Establish the overall plans, policies, objectives and priorities 
for all state substance use disorder prevention and, treatment and recovery functions, 
except the prevention of drug traffic and the State Employee Assistance Program 
established pursuant to Title 22, chapter 254-A;
Sec. 12.  5 MRSA §20005, sub-§5, as amended by PL 2017, c. 407, Pt. A, §25, is 
further amended to read:
5.  Budget.  Develop and submit to the Legislature by January 15th of the first year 
of each legislative biennium recommendations for continuing and supplemental 
allocations, deappropriations or reduced allocations and appropriations from all funding 
sources for all state substance use disorder programs.  The department shall make final 
recommendations to the Governor before any substance 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 use disorder prevention and, treatment and 
recovery 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 use disorder prevention and, treatment and recovery to the joint standing 
committees of the Legislature having jurisdiction over appropriations and financial affairs 
and human resource matters;
Sec. 13.  5 MRSA §20005, sub-§§12 and 12-A, as amended by PL 2017, c. 407, 
Pt. A, §25, are further amended to read:
12.  Rules.  Adopt rules, in accordance with the Maine Administrative Procedure Act, 
necessary to carry out the purposes of this chapter and approve any rules adopted by state 
agencies for the purpose of implementing substance use disorder prevention or, treatment 
and recovery programs.
All state agencies must comply with rules adopted by the department regarding uniform 
alcohol and other drug 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 persons with substance use disorder, persons 
engaged in the prevention of substance use disorder, persons engaged in the recovery 
from substance use disorder or any other organization or individual in need of or 
requesting training or other educational information related to substance use disorder;
Sec. 14.  5 MRSA §20005, sub-§20, as amended by PL 2005, c. 674, §1, is 
further amended to read:
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
Sec. 15.  5 MRSA §20005, sub-§21, as enacted by PL 2005, c. 674, §2, is 
amended to read:
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.; and
Sec. 16.  5 MRSA §20005, sub-§22 is enacted to read:
22.  Certification of recovery residences.  Establish by rule criteria for the 
certification of recovery residences.  The criteria for the certification of recovery 
residences must be based on criteria for recovery residences developed by a nationally 
recognized organization that supports persons recovering from substance use disorder.  
Certification of a recovery residence pursuant to this subsection is voluntary.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in chapter 375, 
subchapter 2-A.
Sec. 17.  5 MRSA §20006-A, sub-§1, as amended by PL 2017, c. 407, Pt. A, §28, 
is further amended to read:
1.  Alternatives.  Propose alternatives to current substance use disorder prevention 
and, treatment and recovery programs and services;
Sec. 18.  5 MRSA §20006-A, sub-§2, as amended by PL 2017, c. 407, Pt. A, §29, 
is further amended to read:
2.  Investigate.  Conduct investigations and studies of any substance use disorder 
prevention, treatment and recovery 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. 19.  5 MRSA §20007, first ¶, as amended by PL 2017, c. 407, Pt. A, §30, is 
further amended to read:
State agencies shall cooperate fully with the department in carrying out this chapter.  
A state agency may not develop, establish, conduct or administer any substance use 
disorder prevention or, treatment and recovery 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. 20.  5 MRSA §20008, first ¶, as amended by PL 2017, c. 407, Pt. A, §31, is 
further amended to read:
The department shall establish and provide for the implementation of a 
comprehensive and coordinated program of substance use disorder prevention and, 
treatment and recovery in accordance with subchapters 2 and 3 and the purposes of this 
Act.  The program must include the following elements.
Sec. 21.  5 MRSA §20009, first ¶, as amended by PL 2017, c. 407, Pt. A, §32, is 
further amended to read:
The department shall plan substance use disorder prevention and, treatment and 
recovery activities in the State and prepare and submit to the Legislature the following 
documents:
Sec. 22.  5 MRSA §20022, first ¶, as amended by PL 2017, c. 407, Pt. A, §34, is 
further amended to read:
As part of its comprehensive prevention and, treatment and recovery 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 and recovery from 
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.
Sec. 23.  5 MRSA §20022, sub-§4, as amended by PL 2017, c. 407, Pt. A, §34, is 
further amended to read:
4.  Treatment facilities.  Maintaining an inventory of the types and quantity of 
substance use disorder prevention, treatment and recovery facilities, programs and 
services available or provided under public or private auspices to persons with substance 
use disorder and drug users.  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 substance use disorder 
prevention, treatment and recovery.
Sec. 24.  5 MRSA §20041, sub-§1, as amended by PL 2017, c. 407, Pt. A, §36, is 
further amended to read:
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 substance use disorder prevention activities, treatment facilities, recovery 
services and other substance use disorder programs.
Sec. 25.  5 MRSA §20041, sub-§2, as amended by PL 2017, c. 407, Pt. A, §36, is 
further amended to read:
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.  Substance use disorder prevention and, treatment and recovery services 
authorized by this Act and by the following federal laws and amendments that relate to 
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. 26.  5 MRSA §20043, sub-§6, as amended by PL 2017, c. 407, Pt. A, §37, is 
further amended to read:
6.  Denial of treatment services.  A person, firm or corporation licensed by the 
department as an approved substance use disorder treatment facility under section 20005 
to provide shelter or detoxification services, and that receives any funds administered by 
the department to provide substance use disorder prevention and, treatment and recovery 
services, may not deny treatment to any person because of that person's inability or 
failure to pay any assessed fees.
Sec. 27.  5 MRSA §20065, sub-§2, as amended by PL 2017, c. 407, Pt. A, §42, is 
further amended to read:
2.  Qualifications.  To be qualified to serve, members must have education, training, 
experience, knowledge, expertise and interest in substance use disorder prevention, 
treatment and training recovery.  Members must reflect experiential diversity and concern 
for substance use disorder prevention and, treatment and recovery in the State.  Members 
must have an unselfish and dedicated personal interest demonstrated by active 
participation in substance use disorder programs such as prevention, treatment, 
rehabilitation, recovery, training or research in substance use disorder.
Sec. 28.  20-A MRSA §6604, last ¶, as amended by PL 2017, c. 407, Pt. A, §59, 
is further amended to read:
To further these objectives, school units may employ specialized personnel such as 
chemical health coordinators and others knowledgeable about substance use and may 
cooperate with public and private agencies in substance use disorder education, 
prevention, early intervention, treatment, recovery, rehabilitation referral and related 
programs.
Sec. 29.  22 MRSA §1341, sub-§2, ¶C, as amended by PL 2017, c. 407, Pt. A, 
§69, is further amended to read:
C.  Substance use disorder prevention and, treatment and recovery education; 
Sec. 30.  22 MRSA §1511, sub-§6, ¶G, as amended by PL 2017, c. 407, Pt. A, 
§71, is further amended to read:
G.  Substance use disorder prevention and, treatment and recovery; and
Sec. 31.  22 MRSA §3739, sub-§2, ¶G, as amended by PL 2017, c. 407, Pt. A, 
§79, is further amended to read:
G.  One employee of the organizational unit of the department that provides programs 
and services for substance use disorder prevention and, treatment and recovery, 
appointed by the commissioner;
Sec. 32.  22-A MRSA §203, sub-§1, ¶F, as amended by PL 2017, c. 407, Pt. A, 
§90, is further amended to read:
F.  Substance use disorder prevention and, treatment and recovery services.
Sec. 33.  22-A MRSA §206, sub-§8, as amended by PL 2017, c. 407, Pt. A, §91, 
is further amended to read:
8.  Substance use disorder prevention, treatment and recovery.  The 
commissioner shall administer and carry out the purposes of the Maine Substance Use 
Disorder Prevention and, Treatment and Recovery Act.
Sec. 34.  28-A MRSA §1652, sub-§5, as amended by PL 2017, c. 407, Pt. A, 
§114, is further amended to read:
5.  Appropriation for substance use disorder prevention, treatment and 
recovery.  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 use disorder prevention and, treatment and recovery may not be less than an 
amount equal to 31% of the excise tax collected or received by the bureau under this 
section.
Sec. 35.  28-A MRSA §1703, sub-§5, as amended by PL 2017, c. 407, Pt. A, 
§115, 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 use disorder prevention and, 
treatment and recovery may not be less than the dollar amount collected or received by 
the bureau under this section.
Sec. 36.  32 MRSA §6202, first ¶, as amended by PL 2017, c. 407, Pt. A, §131, is 
further amended to read:
The objective of this legislation is to establish a State Board of Alcohol and Drug 
Counselors that establishes and ensures high professional standards among alcohol and 
drug counselors and that encourages and promotes quality treatment, recovery and 
rehabilitation services for substance users.
Sec. 37.  32 MRSA §6203-A, sub-§1, as amended by PL 2017, c. 407, Pt. A, 
§132, is further 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, recovery or rehabilitation of individuals who are suffering 
physically, emotionally or psychologically from substance use disorder.
Sec. 38.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 5, Part 25, in the Part headnote, the words "substance 
use disorder prevention and treatment" are amended to read "substance use disorder 
prevention, treatment and recovery" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes.
Sec. 39.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"substance use disorder prevention and treatment" are amended to read "substance use 
disorder prevention, treatment and recovery" and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes.
Sec. 40.  Rental subsidies for certified recovery residences.  The Maine State 
Housing Authority shall develop a pilot project to provide a short-term rental subsidy to a 
person recovering from substance use disorder, as defined in the Maine Revised Statutes, 
Title 5, section 20003, subsection 17-B, to reside in a recovery residence, as defined in 
Title 5, section 20003, subsection 19-D, certified pursuant to Title 5, section 20005, 
subsection 22 and that provides medication-assisted treatment.  The Maine State Housing 
Authority 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.
Sec. 41.  Appropriations and allocations.  The following appropriations and 
allocations are made.
MAINE STATE HOUSING AUTHORITY
Rental Subsidies for Certified Recovery Residences N277
Initiative:  Provides one-time funds for rental subsidies for certified recovery residences.
SUMMARY
This bill adds definitions of "person recovering from substance use disorder" and 
"recovery residence" to the laws governing the substance use disorder programs of the 
Department of Health and Human Services and directs the department to establish a 
voluntary certification process for recovery residences.  It also directs the Maine State 
Housing Authority to create a pilot project to provide a short-term rental subsidy to a 
person recovering from substance use disorder to reside in a certified recovery residence 
that provides medication-assisted treatment.
This bill also adds "recovery" to "substance use disorder prevention and treatment" in 
the context of activities and services under the laws addressing alcohol and drug use.  The 
bill also adds an appropriations and allocations section.
GENERAL FUND
2019-20
2020-21
All Other
$0
$500,000
GENERAL FUND TOTAL
$0
$500,000