An Act To Amend the Laws Governing the Substance Use Disorder Services Commission
Maine Legislature, Session 129, LD 1030
Committee: Health and Human Services
Sponsors: PERRY
Amends: 5 MRSA §20065, 5 MRSA §20067

Legislative Document
No. 1030
H.P. 760
House of Representatives, February 28, 2019
An Act To Amend the Laws Governing the Substance Use Disorder 
Services Commission
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20065, as amended by PL 2017, c. 407, Pt. A, §§41 to 43, is 
further amended to read:
§20065.  Membership
1.  Members; appointment.  The Substance Use Disorder Services Commission, as 
established by section 12004-G, subsection 13-C, consists of 21 18 members.
2.  Qualifications.  To be qualified to serve, members must have education, training, 
experience, knowledge, expertise and interest in substance use disorder in the areas of 
intervention, prevention, treatment and training recovery.  Members must reflect 
experiential diversity and concern for substance use disorder prevention and treatment 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, training or research in substance use disorder from across the State and 
must have demonstrated active participation in issues related to substance use disorder.
3.  Members; representation.  The commission consists of the following members:
A.  One member Two members of the Senate, appointed by the President of the 
Senate, and 5 2 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.  Of the 2 members of the House of 
Representatives, one must be members a member of the joint standing committee of 
the Legislature having jurisdiction over health and human services matters and one 
must be a member of the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters;
B.  One physician or health care provider experienced in the treatment of substance 
use disorder, appointed by the Governor;
C.  One public school superintendent administrator who has experience with school-
based substance use disorder intervention, 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 
community-based recovery coalition, appointed by the Governor;
F.  One attorney representative from the criminal justice system who represents 
clients or is involved with the substance use disorder criminal justice system, 
appointed by the Governor;
G.  One educator involved in postsecondary substance use disorder intervention, 
prevention, treatment and recovery education, appointed by the Governor;
H.  One substance use disorder intervention practitioner, one substance use disorder 
prevention practitioner, one substance use disorder education treatment practitioner 
and one substance use disorder treatment recovery practitioner, appointed by the 
Governor;
I.  One private sector employer familiar with substance use disorder employee 
assistance programs, appointed by the Governor; and
J.  Five Three members of the public, appointed by the Governor.  In appointing these 
3 members, the Governor shall select members from outstanding people in the 
following areas who are actively involved in the areas of:
(1)  Substance use disorder prevention;
(2)  Substance use disorder treatment;
(3)  Education;
(4)  Employers; and
(5)  Persons in recovery from substance use disorder for a minimum of 3 years.
(6)  Co-occurring disorder services;
(7)  Employment; and
(8)  Substance use disorder recovery.
4.  Term; vacancies.  Terms of appointment begin and expire on June 1st.  A 
vacancy in the commission does not affect the commission's powers, but must be filled in 
the same manner as the original appointment accordance with this subsection.
A member appointed to fill a vacancy occurring before the expiration of the term for 
which the member's predecessor was appointed may be appointed only for the remainder 
of that term.
A.  The terms of the 5 3 public members appointed under subsection 3, paragraph J 
are staggered.  Of the initial appointees under that paragraph, 2 are appointed for 
terms of 3 years, 2 for terms of 2 years and one for a term of one year.  Thereafter, all 
appointments are for terms of 3 years, except that a member appointed to fill a 
vacancy in an unexpired term serves only for the remainder of that term.  Members 
hold office until the appointment and confirmation of their successors.  A public 
member may not be appointed for more than 2 consecutive, 3-year terms.
B.  Members who are members of the Legislature and appointed by the President of 
the Senate or the Speaker of the House of Representatives serve at the pleasure of the 
appointing authority.
5.  Reappointment; termination.  Members may be appointed for 2 consecutive 
terms only and may serve after the expiration of their terms until their successors have 
been appointed and qualified and have taken office.  The appointing authority may 
terminate the appointment of a member for good and just cause and the appointing 
authority shall communicate the reason for the termination to the member terminated.  
The appointment of a member of the commission is terminated if a member is absent 
from 3 consecutive meetings without a good and just cause that is communicated to the 
chair of the commission.
6.  Officers.  The Governor shall designate one member to chair the commission.  
The commission may elect other officers from its members as it considers appropriate.
7.  Subcommittees.  The commission may appoint from its membership 
subcommittees relating to particular problem areas or other matters, provided that the 
commission functions as an integrated committee.
8.  Administrative and financial assistance.  The department shall provide the 
commission administrative or financial assistance that is available from department 
resources.
Sec. 2.  5 MRSA §20067, sub-§§3 and 4, as amended by PL 2017, c. 407, Pt. A, 
§44, are further amended to read:
3.  Serve as advocate; review and evaluate; inform the public.  The commission 
shall serve as an advocate and resource for the State on substance use disorder 
intervention, prevention, promoting and assisting activities designed to meet the problems 
of substance use disorder at the national and state levels treatment and recovery.  The 
commission shall promote and assess activities designed to meet and remediate 
challenges of substance use disorder in the State.  With the support of the department, the 
commission shall review and evaluate on a continuing basis state and federal policies and 
programs relating to substance use disorder and other activities conducted or assisted by 
state departments or agencies that affect persons with substance use disorder or who use 
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 substance use disorder 
intervention, prevention, and significant policy matters relating to substance use disorder 
treatment and recovery in the State.
Sec. 3.  Transition.  Notwithstanding the Maine Revised Statutes, Title 5, section 
20065, subsection 3, paragraph J, public members of the Substance Use Disorder 
Services Commission serving on the effective date of this Act may continue to serve for 
the remainder of the terms for which they were appointed.  When the term of a public 
member expires, that member's successor is appointed in accordance with this Act.
SUMMARY
This bill revises the membership and duties of the Substance Use Disorder Services 
Commission.