reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 1 - RULES GOVERNING GRANTS AND PURCHASE OF SERVICE AGREEMENTS › Section 118-1-I - General

Current through 2024-29, July 17, 2024
A. The comprehensive Alcohol Abuse and
				Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and the Drug
				Abuse Office and Treatment Act of 1972, make, by allotment, Federal Funds
				available to this State under a formula grant basis. The State Administrator
				may provide a portion of these funds to: State, regional and local public and
				private non-profit agencies and organizations for participation in programs
				under these Acts. in addition, some State funds are made available for the same
				purposes.
B. Almost any type of
				project activity may be fundable, provided that the activity is based upon:
1. the Maine State Plan for Alcohol and Drug
				Abuse Services.
2. the development
				of new or innovative programs to fill gaps in existing services or to expand
				the reach of existing services.
3.
				the ultimate integration of services and resources of all State, regional, and
				local public and private agencies assisting alcohol or drug abusers, or
				high-risk persons as defined in the Maine State Plan for Alcohol and Drug Abuse
				Services.
4. specifications listed
				in a request for proposal issued by this office for the particular funding
				resource sought by the applicant.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 1 - RULES GOVERNING GRANTS AND PURCHASE OF SERVICE AGREEMENTS › Section 118-1-II - Program Guidelines

Current through 2024-29, July 17, 2024
A. Project design,
				identification and justification are basically the same as those in developing
				any other type of funding proposal.
B. The project documentation features shall
				include the following specific information where applicable:
1. Statement of Need: In this part, identify
				in detail the problem which this project is intended to address. Accurate
				problem definition is essential. The problem as described here must be
				specifically related to the activities or effort proposed. Describe the problem
				in a manner which offers the potential to observe and measure its dimensions
				before, during and after the project activity.
As a minimum this item should:
a. Describe the nature and scope of the
				problem addressed in this application.
b. Provide supporting facts and figures which
				describe the existence of this problem and a summary of your analysis of the
				implications of this information.
c. Describe the underlying causes of the
				problem.
d. Provide a clear
				description of the impact or effect of the problem on other community agencies
				or groups.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 1 - RULES GOVERNING GRANTS AND PURCHASE OF SERVICE AGREEMENTS › Section 118-1-III - Grantee Responsibility

Current through 2024-29, July 17, 2024
A. Grant
				requirements - The grantee, when applying for a project grant, agrees to
				administer any grant awarded by the State in accordance with governing State
				and Federal regulations and policies in effect at the time the award Is made.
				The grantee further agrees to assume responsibility for fiscal administration,
				public information, program management, integration of services with local
				public and private agencies, and compliance with all Federal, State and local
				requirements for the protection of human and civil rights.
B. Coordination - In order to effectively
				promote integration of projects in the community and regional system of
				services, and in order to provide integration of service care provided to
				client group, the grantee must:
1. coordinate
				with appropriate local, regional and state organizations and
				agencies.
2. secure letters of
				endorsement from these organizations, agencies, and others who will participate
				in project. Such letters must be specific in scope and serve as a project
				commitment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 1 - RULES GOVERNING GRANTS AND PURCHASE OF SERVICE AGREEMENTS › Section 118-1-IV - Submission and Review of Grant Application

Current through 2024-29, July 17, 2024
A. Complete the project application forms and
				the project description and forward them to the appropriate Regional
				Coordinator and (if required) the Maine Health Systems Agency.
Region I
Region
							 II
Ralph Kilgore Southern Regional Alcoholism and Drug
							 Abuse Council, Inc. Lafayette Town House 638 Congress Street Portland ME 04101
John Coffey Western Regional Council on Alcohol Abuse &
							 Alcoholism, Inc. 179 Lisbon Street Lewiston ME 04240
Region III
Region
							 IV
Robert Burke, President Kennebec-Somerset Regional
							 Alcohol Council 23 Drew Street Apt. 7 Augusta ME 04330
William
							 Christian Eastern Regional Council on Alcohol and Drug Abuse, Inc. Bangor
							 Health Facility 103 Texas Avenue Bangor ME 04401
Region V
James Sabine Aroostook Mental Health Center Union
							 Square Houlton ME 04730
Maine Health Systems Agency 2 Central Plaza
							 Augusta ME 04330
B.
				The process described in Figure 11 - 2 normally takes ninety days to complete.
				In cases of extreme urgency at the regional coordinator's option, the Regional
				Review and Comment Committee review and regional council approval may be
				bypassed. The State Review and Comment Committee review and the State Advisory
				Council approval may be bypassed at the option of the OSA Director to
				facilitate urgent requests, but notification of such action must be made to
				committee members within five working days of such an occurrence.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-C - THE DRIVER EDUCATION EVALUATION PROGRAM FOR CLIENTS UNDER 21 YEARS OF AGE AT THE TIME OF THE OFFENSE (THE UNDER 21 PROGRAM)

Current through 2024-29, July 17, 2024
1. First and multiple offenders under 21
				years of age at the time of the offense who have not attained 21 years of age
				at the time they are registering for a program shall attend the Under 21
				Program. The Under 21 Program consists of the following components:
a. The clients receive education specifically
				designed for the age group on substance use, abuse and addiction. Education is
				provided through didactic presentations and group discussion with the aid of a
				study guide and includes assessing one's own biological and social risk factors
				for developing alcoholism and addiction.
b. The preliminary assessment component is
				designed to assess the extent of a client's involvement with alcohol or other
				drugs as well as potential for abuse. A client may be referred for a clinical
				substance abuse evaluation based on the results of his/her preliminary
				assessment.
c. The evaluation
				component consists of a two to four hour clinical substance abuse evaluation
				that includes one session with a significant other or concerned person. The
				evaluation is provided by a Community-based Service Provider and determines if
				evidence of a substance abuse problem exists and if the client is at risk to
				recidivate. If the clinical substance abuse evaluation indicates that treatment
				for alcohol or other drug abuse is needed, the client will be required to
				complete treatment. The client is responsible for the cost of the clinical
				substance abuse evaluation.
d. The
				treatment component, provided by a Community-based Service Provider, is
				designed to address the client's specific problem with or abuse of alcohol
				and/or other drugs. The client is responsible for the cost of the
				treatment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-D - THE DRIVER EDUCATION AND EVALUATION PROGRAM FOR FIRST OFFENDER ADULTS, FIRST OFFENDERS OVER 21 YEARS OF AGE AND MULTIPLE OFFENDERS (THE RISK REDUCTION PROGRAM)

Current through 2024-29, July 17, 2024
1. First offender
				adults, multiple offender adults, and first and multiple offenders under 21
				years of age on the date of the incident who have attained 21 years of age at
				the time they register for a program shall participate in the twenty-hour Risk
				Reduction Program. The Risk Reduction Program consists of the following
				components:
a. Clients will receive education
				on substance use, abuse and addiction including self-assessment of risk level
				using both a prevention and intervention-oriented approach.
b. The assessment component is designed to
				make a preliminary assessment regarding the extent of a client's alcohol or
				other drug use or abuse or potential for abuse. A client may be referred for a
				clinical substance abuse evaluation based on the results of his/her preliminary
				assessment.
c. The evaluation
				component consists of a two to four hour clinical substance abuse evaluation
				that includes one session with a significant other or concerned person provided
				by an approved Community-based Service Provider to determine if evidence of a
				substance abuse problem exists and if the client is at risk to recidivate. If
				the clinical substance abuse evaluation determines that alcohol or other drug
				abuse treatment is needed the client will be required to complete treatment.
				The client is responsible for the cost of the evaluation.
d. The treatment component provided by an
				approved Community-based Service Provider is designed to address the client's
				specific problem with or abuse of alcohol or other drugs. The client is
				responsible for the cost of treatment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-F - TREATMENT

Current through 2024-29, July 17, 2024
1. All treatment services provided for DEEP
				referrals required under these regulations shall be provided by a clinician
				licensed and qualified under criteria set forth under B.3. or certified as a
				Certified Alcohol and Drug Counselor (CADC) pursuant to Maine Revised Statutes,
				Title 32, Chapter 81. Treatment for DEEP referrals shall not be provided by an
				Alcohol and Drug Counseling Aide (ADCA).
2. The Private Provider shall have policies
				to ensure that the clinical substance abuse evaluation and treatment of a DEEP
				referred client shall be consistent with that of any other referred
				client.
3. The Private Provider
				shall have procedures to ensure that:
a.
				He/she is familiar with DEEP reporting requirements; and
b. Reporting requirements will be
				fulfilled.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-G - COMPLETION OF TREATMENT OTHER THAN DRIVER EDUCATION AND EVALUATION PROGRAMS

Current through 2024-29, July 17, 2024
1. The Director shall certify to the
				Secretary of State, Bureau of Motor Vehicle, Division of Driver Licensing
				Services those individuals who have satisfactorily completed the requirements
				for completion of treatment as defined in Section A by means other than a
				program pursuant to 5 MRSA section20073-B.
a.
				The completion of treatment other than the Driver Education and Evaluation
				Programs, the "Completion of Treatment Program," is for those clients who
				acknowledge a problem with alcohol and/or other drugs and request treatment at
				the time of registration. A request to participate in the Completion of
				Treatment Program shall be made prior to the client's arrival at the DEEP
				program site unless the client has completed treatment subsequent to the last
				alcohol-related or other drug-related motor vehicle incident.
b. The client's request may be granted, or
				the client may be referred to the appropriate DEEP program. If the request is
				granted, the client will be provided the names and addresses of at least three
				Community-based Service Providers who are approved to conduct the treatment
				from a list of approved Community-based Service Providers. The client will
				choose the Community-based Service Provider who will conduct the treatment. The
				necessary forms will be forwarded to the chosen provider. DEEP will maintain a
				list of approved Community-based Service Providers.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-H - CLENT SECOND OPINIONS

Current through 2024-29, July 17, 2024
1. Any DEEP client
				who contests the results of an alcohol or other drug evaluation or the
				completion of treatment decision as a result of referral to treatment after
				completing the Moving Ahead, after July 1, 2005, the Under 21 Program, or Risk
				Reduction Program may request a second opinion evaluation by contacting the
				Driver Education and Evaluation Programs (DEEP). DEEP shall give the client the
				names and addresses of Community-based Service Providers who are approved to
				complete the second opinion evaluation. The client may then arrange for a
				second opinion evaluation to be conducted by a different Community-based
				Service Provider provided that the client has informed the first evaluator or
				treatment provider that he/she intends to seek a second opinion. DEEP will
				forward the appropriate paperwork to the chosen Community-based Service
				Provider. The second opinion evaluation shall be conducted in accordance with
				Section E and other appropriate sections of these regulations. The client shall
				be informed of the process required for a second opinion evaluation.
a. If the finding of the second opinion
				evaluation agrees with the finding of the first evaluation or the completion of
				treatment decision, the client shall be required to complete the treatment
				regimen prescribed by the first evaluator or treatment provider before he or
				she will have satisfactorily completed DEEP.
b. If the finding of the second opinion
				evaluation disagrees with the finding of the first evaluation or completion of
				treatment decision, the Director will review the results of both evaluations or
				the second opinion evaluation and the completion of treatment decision
				documentation and issue a conclusive finding. The Director will communicate
				his/her finding to the client and to both Community-based Service Providers
				within fifteen (15) working days from the date of receipt of the documentation
				required to complete the review. If the Director's finding is positive, DEEP
				will give the client the names and addresses of Community-based Service
				Providers who are approved to provide the type of treatment services required.
				The client may then choose the Community-based Service Provider of the required
				treatment services.
c. If the
				Director's decision results in a negative finding the Director will notify the
				client, both Community-based Service Providers, and the Secretary of State,
				Bureau of Motor Vehicle, Division of Driver Licensing Services.
d. Any time the client disagrees with the
				results of the administrative review and conclusive finding issued by the
				Director, he/she may appeal the results as described in Section I.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-I - CLIENT APPEALS

Current through 2024-29, July 17, 2024
1. The Driver
				Education and Evaluation Programs Appeals Board, or any one member of the
				Board, has authority to hear and decide any of the following issues:
a. The client may appeal a failure by the
				Director to certify completion of treatment requirements by means other than
				completion of the applicable Driver Education and Evaluation Program.
b. The client may appeal a failure by the
				Director to certify completion of treatment requirements by means of completion
				of the applicable Driver Education and Evaluation Program, provided, however,
				that the client has obtained a second opinion from a certified Community-based
				Service Provider of the need for treatment.
c. The client may appeal an evaluation
				decision by the Director or by a certified Community-based Service Provider of
				evaluation services, referring a client to treatment, provided, however, that
				the client has obtained a second opinion from a certified Community-based
				Service Provider of evaluation services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-J - OUT-OF-STATE

Current through 2024-29, July 17, 2024
1. Out-of-state residents who receive an OUI
				offense in Maine may satisfy DEEP requirements by providing documentation of
				completion of a comparable out-of-state program or Satisfactory Completion of
				Treatment in accordance with Section A.
2. Clients completing DEEP requirements by
				participating in out-of-state treatment or programs shall receive services from
				counselors or programs licensed or certified to provide substance abuse
				counseling in that state.
3.
				Clients who have completed treatment six (6) months prior to submitting
				documentation of treatment completion shall be required to provide
				documentation of compliance with Section A, Satisfactory Completion of
				Treatment, through referral to an approved Program or counselor for a status
				update evaluation.
4. Clients,
				counselors, or programs may be required to provide an original, certified, or
				notarized copy of certificates documenting satisfactory completion.
5. Upon determination that the client has
				satisfactorily completed the program required by their state of residency, or
				have satisfied the requirements for completion of treatment as defined in
				Section A, the Office will notify the Secretary of State, Bureau of Motor
				Vehicle, Division of Driver Licensing Services.
6. Clients completing out-of-state programs,
				in order to satisfy DEEP requirements, shall pay an administrative fee of three
				hundred dollars ($300)which includes a nonrefundable, non-transferable
				seventy-five dollar ($75) registration fee.
7. Out-of-state residents may attend the
				State of Maine "Risk Reduction Program" to satisfy requirements of another
				state in which they have an alcohol and/or other drug related driving
				offense/conviction provided that the State requiring the attendance has a
				written agreement with the Office of Substance Abuse, Driver Education and
				Evaluation Program. The out-of-state resident shall pay all required DEEP fees
				and be subject to policies and procedures as set forth in the written
				agreement.
8. The client's case
				record will be closed when there is no contact between the DEEP Program and the
				client, a client representative, or the clinician for a two year period. In
				such a circumstance, in order to participate in the program, the client will be
				required to re-register and pay all fees. Clients will be notified by mail
				thirty (30) days prior to case closure at the last known address they provided
				to the Department.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-K - MILITARY

Current through 2024-29, July 17, 2024
1. Clients who are full time active military
				may satisfy DEEP requirements by completing a comparable military program, or
				Satisfactory Completion of Treatment, in accordance with Section A. Clients
				completing military programs, in order to satisfy DEEP requirements, shall
				provide documentation of Satisfactory Completion of Treatment in accordance
				with Section A or participate in and complete the program required by the
				military. The program must include:
a. A
				substance abuse evaluation to determine if treatment is necessary.
b. Treatment, if necessary, completed in
				accordance with Section A.
c.
				Completion of any aftercare that may be required by the military.
d. Documentation from the appropriate
				military authority that requirements have been completed.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 3 - REQUEST FOR PROPOSAL POLICIES › Section 118-3-01 - INTRODUCTION

Current through 2024-29, July 17, 2024
A. The Request-for-Proposal process is a
				legal process governed by: 5 MRSA, chapter 156, Section 1831 - Administrative
				Procedures Act.
B. The Office of
				Substance Abuse (Office) is required to develop a Request-for-Proposal process
				in 5 MRSA §20005.
C. The law
				and policies are intended to:
1. Formally
				announce the availability of funds to purchase a service;
2. Insure equal opportunity to all
				prospective respondents;
3. Allow
				for public review of decisions and a mechanism for questioning the decision;
				and
4. Achieve a cost effective and
				timely fund award process.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 3 - REQUEST FOR PROPOSAL POLICIES › Section 118-3-02 - REASONS FOR REQUEST-FOR-PROPOSALS

Current through 2024-29, July 17, 2024
A. The Office
				reserves the right to seek proposals for the provision of services when one or
				more of the following conditions exist:
1.
				The Office has new funds to allocate.
2. The Office is required to do so by law,
				policy or standard.
3. The Office
				has determined that it is desirable to purchase a service that is not currently
				being provided.
4. The Office has
				determined that it is in the best interest of the clients to seek another
				service provider
5. The Office has
				determined that the service cost is higher than the levels established by the
				Office and/or the potential exists for purchasing the desired service at a
				lower cost.
6. The Office has
				determined that an agency with which it has a contractual agreement is unable
				or unwilling to comply with the terms of the contract and/or performance
				standards.
7. The Office has
				determined the quality of the existing service does not meet acceptable
				standards.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 3 - REQUEST FOR PROPOSAL POLICIES › Section 118-3-03 - POLICIES

Current through 2024-29, July 17, 2024
A. The Office will inform prospective bidders
				by placing a legal advertisement for three consecutive days in the State paper
				(The Kennebec Journal, Augusta) and also will place the notice once in the
				weekend edition of the major daily newspapers published throughout the State,
				including the Maine Sunday Telegram, the Lewiston Sun-Journal Sunday, the
				Bangor Daily News, and the Central Maine Morning Sentinel.
B. The request for proposal shall contain at
				a minimum a clear description of the required proposal content, evaluation
				criteria, relative scoring weights to be applied, proposal due date, and
				contact person.
C. The Office may
				conduct bidders conferences but is not required to -do so.
D. All proposals will be logged in upon
				receipt and will be stamped with the date and time of receipt.
E. The proposal selection criteria shall be
				determined by agency personnel consistent with the requirements of
				performance-based contracting ( 5 MRSA §20005-A ) and on the basis of
				reasonable standards of quality and effectiveness including, but not limited
				to: (1) completeness, (2) service descriptions,(3) cost factors, (4) staff
				pertinent to service delivery, (5) experience of the applicant,(6) responses to
				conditional requirements, (7) analysis of consumer impact as required by 5 MRSA
				§20005, and(8) expected results relevant to performance targets.
F. Proposals shall be reviewed and rated by
				agency personnel or by a review team selected by agency personnel in a timely
				fashion following the deadline for proposal submission. If a review team
				consists of other than only agency personnel, the Office may select the
				member(s) from any of the following categories:
(1) Person(s) who have substantial experience
				with or represent a program that provides the same or similar
				services;
(2) Person(s) who have
				been consumer's of substance abuse treatment, intervention, or prevention
				services, having used one or more program(s);
(3) Person(s) who are active members of the
				Substance Abuse Services Commission (or its successor);
(4) Person(s) who are active or recent
				members of a task force, study group, or other advisory body having a
				substantial interest in and experience in the field of substance abuse and a
				familiarity with system structure and function; and
Any person(s) chosen from the above categories shall not be
				  affiliated with any program which has submitted a proposal to be reviewed in
				  response to the subject Request(s) for Proposals issued by the Office.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-2 - LICENSING PROCEDURE AND REVIEW

Current through 2024-29, July 17, 2024
2.1
Terms
				and Types of Licenses/Certificates.
Any individual(s), partnership,
				corporation, association, or organization desiring to operate a substance abuse
				program shall, prior to operations, obtain a license/certificate from the
				Office of Substance Abuse, except residential programs operated by hospitals
				that are currently accredited by the Joint Commission on Accreditation of
				Healthcare. They will be deemed to have met all the licensure requirements of
				these regulations. Application for licensure shall be made on forms provided,
				upon request from the Office. It is expected that the process leading to
				issuance or denial of a license/certificate will be completed within 90 days of
				receipt of the completed application packet.
2.1.1 Prohibition. No service governed by
				these rules may be provided without appropriate
				licensure/certification.
2.1.2
				Licenses/certificates. Licenses/certificates shall not be issued without the
				identification of at least one component, one module, and one substance abuse
				treatment service. Licenses/certificates shall be issued to agencies that meet
				the following terms and conditions.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-3 - AGENCY ORGANIZATION

Current through 2024-29, July 17, 2024
3.1
Statement of Ownership.
3.1.1
				Authority. The agency shall maintain documentary evidence of its source(s) of
				authority to provide services. Such evidence will include articles of
				incorporation, corporate charter or similar documents.
3.1.2 Records. Corporations, partnerships or
				associations, whether for-profit or not-for-profit, shall maintain records of
				the names and current addresses of officers and directors, charters,
				partnership agreements, constitutions, articles of association and by-laws, as
				applicable.
3.1.3 For Profit
				Organizations. Organizations operating on a for-profit basis shall maintain the
				names and current addresses of principal owners.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-4 - Fiscal Management

Current through 2024-29, July 17, 2024
4.1
Budget.
There shall be a formal, annualized line item budget,
				approved by the Governing Authority, indicating anticipated revenues and
				expenses for the current fiscal year.
4.1.1
				Revenue shall be documented by source.
4.1.2 Expenses shall be categorized by line
				item, and shall be specific to each discrete program, service, facility or
				other management division.
4.1.3
				Revisions to the budget shall be clearly documented.
4.1.4 Review and approval of the budget by
				the Governing authority shall be clearly documented, including date of
				approval.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-5 - Quality Management

Current through 2024-29, July 17, 2024
5.1
Performance Improvement.
All programs shall have documentation of
				a performance improvement program that is a component of the quality management
				program. Performance improvement activities include routine attention to
				addressing processes that directly affect clinical outcomes and client
				satisfaction, including welcoming complex populations, access to services,
				COD-C development, retention in services, and continuity of care.
5.1.1 Program performance improvement plans
				shall be developed with evidence of input from clients and other interested
				parties, and must include some specific activities that will be aligned with
				performance improvement priorities developed by OSA each year.
5.1.2 The findings, and actions taken as a
				result of findings, shall be documented and the plan shall be revised in
				accordance with the findings.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-6 - Insurance

Current through 2024-29, July 17, 2024
An insurance program shall be in force at all times. Coverage
				  shall include, but not necessarily be limited to:
6.1 Comprehensive liability insurance for the
				Governing Authority, personnel, and property, in the amount of
				$100,000/$300,000;
6.2 Automobile
				liability insurance for every vehicle owned or operated by the agency, used to
				transport clients, or vehicles used by staff while conducting agency
				business.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-7 - Marketing

Current through 2024-29, July 17, 2024
Marketing and promotional material distributed by or on
				  behalf of the agency shall accurately portray the scope of services
				  provided.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-8 - PERSONNEL MANAGEMENT

Current through 2024-29, July 17, 2024
8.1
Personnel
				Policies
. The agency shall adopt written personnel policies and
				procedures to adequately address the following:
8.1.1 Content. Every substance abuse program
				shall have written personnel policies and procedures that shall, as a minimum:
8.1.1.1 contain a-description of adherence to
				the agency philosophy of welcoming individuals who come from culturally diverse
				backgrounds, and individuals who may have co-occurring mental and/or medical
				disorders under which all employees are expected to operate
8.1.1.2 contain an affirmative action
				policy;
8.1.1.3 provide access to
				an employee assistance plan for all employees;
8.1.1.4 state hours to be worked and
				provisions for vacation, sick leave, holidays, and fringe benefits, including
				educational benefits;
8.1.1.5
				acquire and retain evidence to demonstrate that all persons engaged in the
				provision of services regulated by the State of Maine, other applicable
				government entities, professional associations or similar bodies, are
				appropriately qualified, certified or licensed ;
8.1.1.6 describe core competencies for all
				staff, including those specifically related to cultural competency and
				co-occurring disorder competency, and provide for an annual written performance
				evaluation of each employee, with the employee's participation;
8.1.1.7 provide a policy for the process of
				hiring all employees including an administrator;
8.1.1.8 provide a mechanism for disciplinary
				action and dismissal of an employee;
8.1.1.9 set forth a grievance and appeals
				procedure;
8.1.1.10 provide access
				to the personnel policies for all employees (including revisions and updates)
				at their primary worksite;
8.1.1.11
				establish a policy explaining how employees may add information to their
				personnel record;
8.1.1.12
				establish policies requiring employees to provide evidence that they are free
				of communicable disease, and must consider the limits of inquiry allowed by law
				(i.e., HIV screening). This information must be the most current report and
				originate no more than six months prior to hire.
8.1.1.12.1 This information shall be updated
				minimally every three years.
8.1.1.12.2 Policies concerned with employee
				health shall be developed with the guidance of the medical director.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-9 - Organizational Structure

Current through 2024-29, July 17, 2024
9.1
Minimum
				Clinical Staff.
Each substance abuse program shall have a minimum of 1.5
				clinical staff directly employed by the agency. The minimum must include one
				(1) full-time clinical staff and 0.5 FTE (full-time equivalent) of clinical
				staff. For purposes of this rule, FTE is defined as no less than 30 hours a
				week. The agency shall not count affiliate counselors to meet the 0.5 FTE
				requirement. An Alcohol and Drug Counselor Aide (ADCA) is not considered
				clinical staff.
9.2
Staff
				Credentials
.
9.2.1 Only the following
				are included in the definition of clinical staff:
9.2.1.1 A Licensed Alcohol and Drug Counselor
				(LADC) and a Certified Alcohol and Drug Counselor (CADC); or
9.2.1.2 a Registered Nurse certified as a
				Psychiatric Nurse, an Advanced Practice Registered Nurse (APRN) with
				appropriate specialization certification, a Medical Doctor (M.D.), a Doctor of
				Osteopathy (D.O.), a Licensed Clinical Psychologist, a Licensed Clinical Social
				Worker (LCSW), a Licensed Clinical Professional Counselor (LCPC), or a Licensed
				Marriage and Family Therapist (LMFT): when any listed in this section [9.2.1.2]
				has completed one (1) year clinical experience in substance abuse treatment and
				a minimum of sixty (60) hours of alcohol and drug education within the last
				five (5) years. Education accepted by the licensing authority includes, but is
				not limited to, training and continuing education approved by the Maine State
				Board of Alcohol and Drug Counselors, 2-384 Code of Maine Rules [C.M.R.]
				Chapters 1-9.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-10 - Medical Director

Current through 2024-29, July 17, 2024
10.1 The Medical
				Director shall be responsible for the following duties, including but not
				limited to:
10.1.1 develop or approve medical
				assessment forms;
10.1.2 review and
				sign off on medical portions of client records, when requested;
10.1.3 develop and supervise policies
				regarding medications;
10.1.4
				review and approve the program's policies and procedures for screening for
				infectious diseases, including HIV, tuberculosis and Hepatitis B and
				C
.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-11 - Clinical Supervisor

Current through 2024-29, July 17, 2024
11.1
General
				requirements.
11.1.1 The agency shall
				identify a clinical supervisor for each clinical service, and shall maintain
				policies and procedures governing the responsibilities of clinical supervisors.
				There is no requirement for supervision of the medical director or any
				individual licensed as a physician. The policies shall include, but not
				necessarily be limited to policies regarding:
11.1.1.1 routine clinical supervision of each
				clinician or staff member providing clinical services.
11.1.1.2 the agency is responsible to
				demonstrate that one or more clinical supervisors has credentials and/or
				training and/or experience, and/or access to mental health consultation, to
				provide supervision to all staff in the provision of COD-C services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-12 - Reference and Background Checks

Current through 2024-29, July 17, 2024
12.1 The agency
				shall conduct background checks on all prospective employees, persons
				contracted or hired, consultants, volunteers, and students. This shall include,
				but not necessarily be limited to, background checks through the State Bureau
				of Investigation, Child Protective Services, Adult Protective Services, the
				Out-of-home Investigations Unit (OOH), formerly the Institutional Abuse Unit,
				the Maine Registry of Certified Nursing Assistants and other similar registers,
				the Bureau of Motor Vehicles, and such other relevant and available registers,
				sources of information or databases.
12.1.1
				Such background checks shall be conducted at the agency's expense.
12.1.2 The agency shall not hire any person
				who has a prior criminal conviction or disciplinary action by a professional
				licensing, registration or accrediting body that pertains to client abuse or
				exploitation. See Title
				 5
				M.R.S.A. §5301 et seq.
12.1.3 In the case of an Adult or Child
				Protective Services, or the Out-of-Home Investigations Unit (OOH), formerly the
				Institutional Abuse Unit, investigation substantiating abuse, neglect, or
				exploitation by an employee of the agency, it is the agency's responsibility to
				decide what personnel action to take in response to said report, in accordance
				with licensing standards.
12.1.4
				When the operation of a motor vehicle is expected or reasonably anticipated in
				the course of an employee, volunteer, or student's work, the agency shall
				conduct a check of the driving record. The agency shall not permit an employee,
				volunteer, or student to transport clients if they have a conviction for
				operating under the influence or any other accident or violation that indicates
				an unsafe driving history within the past three (3) years.
12.1.5 The agency shall acquire and retain
				evidence that all persons who in the completion of their duties are required or
				could be reasonably anticipated to operate a motor vehicle, have valid driver's
				license appropriate to the class of vehicle to be used. If a staff person, in
				the course of work, is operating a vehicle not provided by the agency, evidence
				of registration, inspection, and insurance shall be maintained. Such evidence
				shall be acquired at the commencement of the person's employment and shall be
				maintained and reviewed periodically.
12.1.6 Employment of any individual shall be
				contingent upon results of the background checks. Background checks must be
				completed before the employee has any client contact without another individual
				present.
12.1.7 If a positive check
				is discovered, the agency must have a policy and procedure on how this will be
				addressed.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-13 - Contracted Staff, Volunteers and Students

Current through 2024-29, July 17, 2024
13.1
Contracted staff.
An agency
				utilizing contracted staff to provide counseling services through an agreement
				shall require contracted staff to fulfill the same requirements in these
				regulations as non-contracted staff.
13.1.1
				Personnel record for contracted staff. The agency shall maintain a-personnel
				record on contracted staff, including consultants. (See Section 8.2 for rules
				governing personnel records for agency employees.) Personnel records for
				contracted staff shall be secured in the same manner as client records. At a
				minimum, the agency shall have the following in the contracted staff personnel
				record:
13.1.1.1 evidence of appropriate
				credentials for the service provided as required by these rules. Documentation
				of compliance, as applicable, with section 9.2;
13.1.1.2 evidence of liability insurance with
				a minimum of $500,000.
13.1.1.3 the
				contract agreement governing the agency's relationship with the contracted
				staff person, and a resume;
13.1.1.4 documentation of core competencies
				and evaluation of those competencies, as well as descriptions of training
				programs, including in-service training, attended while working at the program,
				as relevant. Competencies and training related to welcoming, COD-C, and
				cultural competency shall be specifically documented;
13.1.1.5 the results of all background and
				reference checks;
13.1.1.6 a
				current job description; and
13.1.1.7 medical information. Copies of
				medical information must be stored in a separate locked file.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-14 - Administrative Management

Current through 2024-29, July 17, 2024
14.1
Lines of
				Authority.
The agency shall maintain policies and procedures governing
				the application of the lines of authority, as described in the table of
				organization. This shall include, but not necessarily be limited to:
14.1.1 the passing of responsibility for
				oversight and supervision from work shift to work shift, or from service
				delivery site to service delivery site, as appropriate;
14.1.2 the passing of responsibility for
				oversight and supervision of programs, services, facilities or other discrete
				service elements, in the temporary absence of the primary supervisor or
				manager;
14.1.3 the passing of
				responsibility for oversight and supervision of the agency as a whole, in the
				temporary absence of the Chief Administrative Officer.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-15 - OPERATIONAL PRACTICES

Current through 2024-29, July 17, 2024
15.1
Administration of Services.
15.1.1 Service Descriptions. Each program
				shall be specifically named and described in policy.
15.1.2 Contracted services. When an agency or
				program offers services through another provider, a contract agreement shall
				exist. This agreement shall be updated as changes occur. The agency shall
				ensure that services provided through a contract agreement comply with these
				rules and any contractual requirements.
15.1.3 Program Manager. The agency shall
				designate an individual as program manager, having overall responsibility for
				the operation of each program.
15.1.3.1 the
				duties of the program manager shall be clearly described in the written job
				description, including minimum qualifications, responsibilities and lines of
				authority.
15.1.3.2 nothing in
				these rules prohibits the sharing of managers between programs, if the programs
				are adequately managed.
15.1.4 Population Served. Characteristics of
				the population served shall be specifically defined for each program.
15.1.5 Reporting requirements. Agencies
				licensed/certified to provide substance abuse treatment shall submit such data
				as may be required by the Office of Substance Abuse, in the form and format
				specified, and within time frames requested.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-17 - ENVIRONMENT AND SAFETY

Current through 2024-29, July 17, 2024
17.1
Compliance.
The agency shall ensure and document continuous
				compliance with all applicable laws, rules and regulations governing the
				location, occupancy, use, maintenance, construction and renovation of physical
				structures used in the delivery of licensedcertified services.
17.1.1 Evidence. Evidence of compliance shall
				include, but not be limited to, approval from local fire departments (if
				utilized in lieu of inspection by the State Fire Marshall), local boards of
				zoning and code enforcement, and local health departments, as applicable.
17.1.1.1 The agency shall be required, upon
				the request of the Licensing Authority, to produce documentation of compliance
				regarding construction or renovation.