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 5 - REGULATIONS FOR LICENSING AND CERTIFYING OF SUBSTANCE ABUSE TREATMENT PROGRAMS › Section 118-5-18 - CLIENT RIGHTS AND ACCESS TO TREATMENT

Current through 2024-29, July 17, 2024
18.1
Information about Rights.
18.1.1
				Client Notification. Clients will be fully informed at the time of admission
				and as needed during ongoing treatment, of their rights and responsibilities,
				and of all the rules and regulations governing client conduct and
				responsibilities. Documentation of this will be found in each client record.
				Such rights and responsibilities shall be posted at the treatment site and
				provided to the client in writing or in other format sufficient to ensure that
				the client can understand. Clients who are unable to read English shall have
				the rules and regulations explained verbally or translated. The provision of
				copies of the rights and responsibilities or the explanation/translation shall
				be documented in writing, and placed in the client's record.
18.1.2 Ongoing assistance. Clients will be
				encouraged and assisted throughout treatment to understand and exercise their
				rights as clients, including rights:
18.1.2.1
				To report, without fear of retribution, any instances of suspected abuse,
				neglect, or exploitation of clients being served in the program;
18.1.2.2 To use a grievance and appeal
				process, in accordance with State laws and regulations;
18.1.2.3 To provide Input into program
				policies and services through client satisfaction surveys;
18.1.2.4 To choose and designate a personal
				advocate, who can speak for or on the behalf of the client, and who is
				protected from fears of retaliation, retribution or coercion in the exercise of
				advocacy.
18.1.3 Program
				rules and client non-compliance. Clients have the right to be informed of
				program rules and the consequences of non-compliance. Program rules shall be
				confined to those that ensure good order and the safety and health of clients
				and staff, shall not be overly restrictive in their scope or consequence, and
				shall not be applied arbitrarily or capriciously. Involuntary withdrawal of
				medication or discharge from treatment shall be a sanction of last
				resort.
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 › Addendum - ADDENDUM

Current through 2024-29, July 17, 2024
ACRONYMS & ABBREVIATIONS
Here is a partial list of acronyms and abbreviations found in
				  this rule.
ADA
(Americans with Disabilities
					 Act)
ADCA
(Alcohol and Drug Counselor
					 Aide
APRN
(Advanced Practice Registered
					 Nurse)
APS
(Adult Protective
					 Services)
ASAM
(American Society of Addiction
					 Medicine)
CADC
(Certified Alcohol and Drug
					 Counselor)
CARF
(Commission on Accreditation of
					 Rehabilitation Facilities)
CCS
(Certified Clinical
					 Supervisor)
CDC
(Center for Disease
					 Control)
CFR
(Code of Federal Regulations, as in
					 42 CFR)
CIR
(Critical Incident Report)
CMR
(Code of Maine
					 Regulations)
CNA
(Certified Nursing
					 Assistants)
CNP
(Certified Nurse
					 Practitioner)
COA
(Council on Accreditation)
COD
(Co-occurring Disorders)
o Other terms for "COD":
Dual Disorders;
Co-existing;
Dual Diagnosis;
Multiple diagnoses
o COD-related acronyms and abbreviations:
COD-C
(Co-occurring Capable)
COM
(Co-occurring Measure)
GPRA
(Government Performance Results
					 Act)
INT
(integrated)
CPR (
Cardio Pulmonary
					 Resuscitation)
CPS
(Child Protective
					 Services)
D.O.
(Doctor of Osteopathy)
DEEP
(Driver Education and Evaluation
					 Program)
DHHS
(Department of Health and Human
					 Services)
DLRS
(Division of Licensing and
					 Regulatory Services)
DSAT
(Differential Substance Abuse
					 Treatment)
EEOA
(Equal Employment Opportunity
					 Act)
FDEA
(Federal Drug Enforcement
					 Agency)
FNP
(Family Nurse
					 Practitioner)
FTE
(Full Time Employee)
GAAP
(Generally Accepted Accounting
					 Principles)
HIV
(Human Immunodeficiency
					 Virus)
IOP
(Intensive Outpatient
					 Program)
JCAHO
(Joint Commission of Accreditation
					 of Healthcare Organizations)
LADC
(Licensed Alcohol and Drug
					 Counselor)
LCSW
(Licensed Clinical Social
					 Worker)
LMFT
(Licensed Marriage and Family
					 Therapist)
LPN
(Licensed Practical Nurse)
MAT
(Medication Assisted
					 Treatment)
MCBM
(Maine Care Benefits
					 Manual)
M.D.
(Medical Doctor)
MH
(Mental Health)
MHRA
(Maine Human Rights Act)
MSPB
(Maine State Pharmacy
					 Board)
OOH
(Out-of-Home Investigations Unit,
					 formerly the Institutional Abuse Unit/IAU)
OSA
(Office of Substance
					 Abuse)
OTP
(Opioid Treatment Program)
PA
(Physicians Assistant)
PNMI
(Private Non-Medical
					 Institution)
POC
(Plan of Correction)
QA
(Quality Assurance)
QM
(Quality Management)
QSOA
(Qualified Service Organization
					 Agreement)
RN
(Registered Nurse)
RNC
(Registered Nurse
					 Certified)
SA
(Substance abuse)
SAMHSA
(Substance Abuse and Mental Health
					 Services Administration)
SOD
(Statement of
					 Deficiencies)
SURS
(Surveillance and Utilization Review
					 Services)
USC
(United States Code)
USFDA
(United States Food and Drug
					 Administration)
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-I - Definitions

Current through 2024-29, July 17, 2024
A. 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.
B. Employer. "Employer" means any person,
				partnership, corporation, association, or other legal entity, public or
				private, that employs 20 or more full-time employees.
C. EAP. "EAP" means an Employee Assistance
				Program. An EAP is a program to assist employees with problems that may affect
				their ability to perform their jobs.
D. EAP Provider. An "EAP provider" is a
				person or agency who provides evaluation, referrals, treatment, or training
				services under the EAP.
E. OADAP.
				"OADAP" means the Office of Alcoholism and Drug Abuse Prevention.
F. Substance abuse test. "Substance abuse
				test" means any test procedure designed to analyze body fluids, tissues, or
				other materials from the body for the purpose of detecting the presence of
				substances of abuse.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-II - Introduction

Current through 2024-29, July 17, 2024
Employee assistance programs are designed to assist employees
				  with family, legal, financial, mental health, and alcohol and other
				  drug-related problems that may affect their ability to perform their jobs and
				  their well-being. These worksite-based programs must offer assessment,
				  referral, and training activities . The EAP may also provide services such as
				  prevention, education, and health promotion. The primary goal of an EAP is to
				  maintain an employee's ability to be fully productive by offering a wide range
				  of services, including early intervention and prevention.
Each employer shall design its own employee assistance
				  program based on the company's unique mission and operation. EAP programs may
				  be provided internally or purchased from external service providers, or
				  employers may use some combination of the two. Employers may provide employee
				  assistance programs through participation in consortia. Regardless of the exact
				  structure used to provide EAP services, the design, implementation, and
				  evaluation of the program shall be in accordance with the following
				  regulations.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-III - Design

Current through 2024-29, July 17, 2024
A. Advisory Committee
1. An employer wishing to establish an EAP
				shall form an Advisory Committee consisting of representatives of the employer
				and employees.
2. The committee
				shall make recommendations to the employer for a policy statement and specific
				strategies and procedures for implementation of the EAP.
3. The advisory committee shall continue to
				advise the employer on matters relating to the operation of the EAP.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-IV - Components of an EAP

Current through 2024-29, July 17, 2024
A. The Employee
				Assistance Plan shall include the following components:
1. A statement of policy which:
a. Shall express the desire of employers and
				employees to achieve a healthy workforce both for the positive impact on
				productivity and the well-being of the employees.
b. Shall be based upon the following
				concepts:
(1) A variety of conditions affect
				job performance, productivity, employee health and quality of life. These
				conditions may include problems with family, inter-personal relationships, and
				alcohol and other drugs, as well as legal, financial, physical and mental
				health problems.
(2) If an
				organization can recognize and address these problems early, work performance
				will improve.
c. Shall
				ensure the confidentiality of the participants.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-V - Operation of the Program

Current through 2024-29, July 17, 2024
A. The EAP must
				encourage the use of client services by providing simple procedures for
				employees to self-refer, or to be referred by supervisors, labor
				representatives, and/or peers. An EAP will maintain the following client
				services:
1. Assessment and referral
a. The EAP shall conduct assessments, either
				at the work site or off-site.
b.
				When appropriate, referrals shall be made to community-based resources for
				treatment.
(1) The EAP provider shall maintain
				current information regarding community resources.
(2) The EAP provider shall make regular
				evaluations to insure the quality of assessment diagnostics, and treatment
				resources,
c. The EAP
				provider may provide short-term counseling services on-site. Short term shall
				mean 3 to 5 visits per problem.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-VI - Linkages

Current through 2024-29, July 17, 2024
A. Internal linkages
1. Operation of, or responsibility for the
				EAP shall be placed at an organizational level high enough to ensure the
				involvement of senior employer and employee leadership to sustain the
				program.
2. Working relationships
				shall be developed with any internal departments and committees, such as human
				resources, personnel, safety, and security.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-VII - Evaluation

Current through 2024-29, July 17, 2024
A. An EAP shall evaluate the appropriateness,
				effectiveness, and efficiency of its operations on a regular basis.
B. At a minimum, the EAP shall assess
				provider performance, client performance and satisfaction, community resource
				performance, and achievement of the goals for which the EAP was developed.
1. The evaluations shall be reported to the
				State on an annual basis.
2. The
				evaluations will be used by the State in decisions to renew or withdraw
				approval for the EAP.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 6 - REGULATIONS FOR EMPLOYEE ASSISTANCE PROGRAMS FOR EMPLOYERS OPERATING IN THE STATE OF MAINE › Section 118-6-VIII - PROCEDURE FOR APPLICATION

Current through 2024-29, July 17, 2024
A. Prior to
				operation of an EAP, any employer wishing to receive approval shall submit an
				application for approval on forms provided by the Department of Human Services,
				together with a copy of the plan, policies and procedures.
B. The applicant must have clear written
				statements of policy and procedure which shall address each of the provisions
				of the Regulations for EAP's for Employees Operating in the State of Maine. In
				addition, any EAP in operation prior to December 31, 1989, or any employer
				seeking renewal of current approval.. shall provide data as required in Section
				VII B Evaluations, of said Regulations in support of their
				application.
C. Within 30 days of
				submission, the Department shall either approve the EAP, or disapprove the EAP,
				or approve with conditions. The conditions shall contain a time period within
				which the plan shall be brought into full compliance.
D. Initial approval of the EAP may be for a
				two-year period. The Department shall conduct biennial monitoring of the plan
				utilizing data provided through the evaluation and other evidence of compliance
				with the regulations. Following such monitoring, the Department may either
				renew approval, require proof of changes to meet regulations, or withdraw
				approval if the plan is in significant non-compliance.
E. Any employer aggrieved by any decision of
				the Department of Human Services regarding approval shall have the rights of
				appeal specified in the Maine Administrative Procedures Act, Title 5, C.
				375.
F. The Department shall inform
				the Department of Labor of any changes in these rules to ensure necessary
				coordination between the rules of both Departments. In addition, the Department
				shall notify the Department of Labor of any employer for whom certification has
				been granted or denied.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-1 - Introduction

Current through 2024-29, July 17, 2024
Legal basis: These rules are promulgated under the authority
				  of
				  22 MRSA
				  §7252, §7523,§
									7254
				  and P.L. 2015, ch. 488.
Severance clause: The provisions of these rules are
				  severable. If any provision of the rules is invalid, or if the application of
				  the rules to any person or circumstances is invalid, such invalidity shall not
				  affect other provisions or applications which can be given effect without the
				  invalid provision or application.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-2 - Purpose

Current through 2024-29, July 17, 2024
These rules implement the controlled substances prescription
				  monitoring program, established by the Legislature as a means to promote the
				  public health and welfare and to detect and prevent substance abuse. These
				  rules also implement requirements for the prescription of opioid
				  medications.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-5 - Prescription Monitoring Program Requirements

Current through 2024-29, July 17, 2024
A. Requirement to Register as PMP Data
				Requesters
1. Prescribers
All prescribers are required to register as data requesters
				  with the Maine Prescription Monitoring Program.
2. Dispensers
All dispensers are required to register as data requesters
				  with the Maine Prescription Monitoring Program.
3. Veterinarians
All veterinarians are required to register as data
				  requesters with the Maine Prescription Monitoring Program.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-6 - Limits on Opioid Medications Prescribing and Exemptions to Limits

Current through 2024-29, July 17, 2024
A. LIMITS ON OPIOID MEDICATION PRESCRIBING
				Prescribers are required to comply with limits on opioid medication prescribing
				as set forth in:
32 MRSA
				  §2210(1) (Nurses and
				  Nursing)
32
				  MRSA§2600-C(1)
				  (Osteopathic Physicians)
32 MRSA
				  §3300-F(1) (Board of
				  Licensure in Medicine)
32 MRSA
				  §18308(1) (Dental
				  Professionals)
32
				  MRSA §4878(1)
				  (Veterinarians)
32 MRSA
				  §3657(1) (Podiatrists)
B.
EXEMPTIONS TO
				LIMITS ON OPIOID MEDICATION PRESCRIBING
Prescribers are exempt from the limits on opioid
				  medication prescribing established in this rule if:
1.
Pain associated with active and
				aftercare cancer treatment. Providers must document in the medical record that
				the pain experienced by the individual is directly related to the individual's
				cancer or cancer treatment;
2.
Palliative care in conjunction with
				a serious illness;
3.
End-of-life and hospice care;
4.
Medication-Assisted Treatment for
				substance use disorder;
5.
A pregnant individual with an pre-existing prescription for opioids in
				excess of the 100 Morphine Milligram Equivalent aggregate daily limit. This
				exemption applies only during the duration of the pregnancy;
6.
Acute pain for an individual with an
				existing opioid prescription for chronic pain. The seven day prescription limit
				applies;
7.
Individuals pursuing an active taper of opioid medications, with a
				maximum taper period of six months, after which time the opioid limitations
				will apply, unless one of the additional exceptions in this subsection apply;
				or
8.
Individuals who
				are prescribed a second opioid after proving unable to tolerate a first opioid,
				thereby causing the individual to exceed the 100MME limit for active
				prescriptions. For this exemption to apply, each individual prescription must
				not exceed 100 MME. Dispenser shall provide patients with guidance on proper
				disposal of the first prescription.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-7 - Access to Prescription Monitoring Information

Current through 2024-29, July 17, 2024
1. By patients
A. A patient, or a patients' authorized
				representative, may obtain a report listing all prescription monitoring
				information that pertains to the patient.
B. A patient or a patient's authorized
				representative seeking access to prescription monitoring information described
				above must submit a written request for information in person at the office of
				the Monitor, or at any other place specified by the Monitor or the Office. The
				written request shall be in a format established by the Office or the Monitor
				and shall contain at least, but not limited to, the following elements:
1) the patient's name and the full name of
				the patient's authorized representative, if applicable;
2) the patient's date of birth;
3) the patient's address, and the complete
				physical address of the patient's authorized representative, if
				applicable;
4) the patient's
				telephone number, if any, and the telephone number of the authorized
				representative, if applicable; and
5) the time period for which information is
				being requested.
C. The
				patient or the patient's authorized representative must produce valid
				photographic identification prior to obtaining access to the information
				described above. The patient or the patient's authorized representative must
				allow photocopying of the identification.
D. Prior to obtaining access to the
				information described above, authorized representatives must produce either an
				official attested copy of the judicial order granting them authority to gain
				access to the health care records of the patient; or in the case of parents of
				a minor child, a certified copy of the Birth Certificate of the minor child or
				other official documents establishing legal guardianship; or in the case of
				persons holding power of attorney, the original document establishing the power
				of attorney. The patient's authorized representative must allow photocopying of
				the documents described above. The Office or the Monitor may verify the patient
				authorization by any reasonable means prior to providing the information to the
				authorized representative.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-8 - Confidentiality

Current through 2024-29, July 17, 2024
1. Pursuant to
				22
				MRSA §7250(1),
				prescription monitoring information is confidential and not a public record as
				defined in Title 1, section 402, subsection
				3. Breaches of the confidentiality may
				result in criminal prosecution and/or administrative sanctions.
2. Pursuant to
				22
				MRSA §7250(3), the
				Office may provide de-identified copies of prescription monitoring information
				to researchers who have signed written agreements restricting the use of the
				data for research, policy, or educational purposes. The Office may make
				aggregate information based on prescription monitoring information available to
				the public.
3. The Office shall
				periodically conduct an audit review of the Monitor for compliance with the
				terms of the contract regarding confidentiality of information concerning the
				prescription drug, prescriber, pharmacy, patient and dispenser.
4. The Monitor shall fully cooperate with the
				Office in any audit review conducted pursuant to Subsection 3.
5. The Office and the Monitor shall purge
				from the database all prescription monitoring information that is older than
				six (6) years old.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-9 - Review of Information

Current through 2024-29, July 17, 2024
1. Pursuant to
				22
				MRSA §7250, the Office and the Monitor
				shall review the information in the database on at least a quarterly basis to
				determine whether there are cases in which there has been questionable activity
				by patients or prescribers.
2. The
				Office shall review prescription monitoring information related to individual
				patients to determine which patients have surpassed threshold levels of
				controlled substances. These threshold levels may include any of the following
				but are not limited to-
* high number of prescribers in a short time period, as
				  determined by the Office;
* high number of doses during a short time period, as
				  determined by the Office;
* Days Supply of prescriptions for the same drug overlapping
				  by more than a few days;
* inappropriate combinations of controlled substances, as
				  determined by the Office;
* more than one method of payment within a short time
				  period;
* more than one out of state prescriber for the same patient,
				  during a short time period, as determined by the Office;
* more than one pharmacy on the same day;
* more than one pharmacy in different public health districts
				  within one month; AND/OR
* dangerous levels of specific drugs, as determined by the
				  Office.
Notification - When a patient surpasses the threshold levels
				  established by the Office, the office shall notify the prescriber(s) and the
				  dispenser(s) of the controlled substance(s) and provide all relevant
				  prescription monitoring information to those persons through an established
				  letter of notification.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-10 - Penalties and Sanctions

Current through 2024-29, July 17, 2024
A. Criminal
				penalties. A person who intentionally or knowingly uses or discloses
				prescription monitoring information in violation either of Title 22, M.R.S.A.
				Ch. 1603 or these rules, unless otherwise authorized by law, shall be subject
				to the criminal penalties established in
				22
				MRSA
				§7251(2).
B.
Civil violations
1.
Prescribers
A prescriber who fails to adhere to the opioid
				  prescribing rules as described in this rule or who fails to check the
				  prescription monitoring system as required by this rule and by statute commits
				  a civil violation for which a fine of $250 per violation, not to exceed $5,000
				  per calendar year, may be adjudged.
2.
Dispensers
A dispenser who knowingly fails to submit prescription
				  monitoring information to the Office or who fails to check the prescription
				  monitoring information system as required by this rule and by statute commits a
				  civil violation for which a fine of $250 per incident, not to exceed $5,000 per
				  calendar year, may be adjudged.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-11 - Immunity from Liability

Current through 2024-29, July 17, 2024
A. A dispenser or
				prescriber, including a veterinarian, is immune from liability for disclosure
				of information if the disclosure was made pursuant to and in accordance with
				these rules.
B. A pharmacist who
				dispenses opioid medication in good faith is immune from any civil liability
				that might otherwise result from dispensing medication in excess of the limit
				established in this rule, if the prescription was dispensed in accordance with
				a prescription issued by a practitioner.
C. In a proceeding regarding immunity from
				liability, there is a rebuttable presumption of good faith.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 11 - RULES GOVERNING THE CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM AND PRESCRIPTION OF OPIOID MEDICATIONS › Section 118-11-12 - Audit

Current through 2024-29, July 17, 2024
The Department has the authority to verify and/or audit
				  prescriber and dispenser compliance with these rules.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 19 - RULES GOVERNING COMMUNITY-BASED DRUG OVERDOSE PREVENTION PROGRAMS › Section 118-19-1 - Introduction

Current through 2024-29, July 17, 2024
This rule describes policies and procedures related to the
				  establishment of Overdose Prevention Programs and the storage, dispensing, and
				  distribution of Naloxone Hydrochloride in Community-based Agency settings.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 19 - RULES GOVERNING COMMUNITY-BASED DRUG OVERDOSE PREVENTION PROGRAMS › Section 118-19-2 - Authority

Current through 2024-29, July 17, 2024
This rule is authorized by
				  22 M.R.S.
				  §2353.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 19 - RULES GOVERNING COMMUNITY-BASED DRUG OVERDOSE PREVENTION PROGRAMS › Section 118-19-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Community-based Agency
: Any
				agency, coalition, association, or organization, that has registered as a
				corporation or other business organization with the Office of the Secretary of
				State and that is in good standing with that office, or any municipality, local
				or county government entity. The Community-based Agency must in some capacity
				provide services to populations at high risk for drug overdose.
B.
Healthcare Professional
: Any
				individual licensed under Title 32 of the Maine Revised Statutes who is
				authorized to prescribe Naloxone Hydrochloride within the scope of professional
				competency.
C.
Medical
				Supplies Necessary to Administer Naloxone Hydrochloride
: Items intended
				to facilitate the administration of Naloxone Hydrochloride, including but not
				limited to syringes, atomizers, rescue breathing masks, rubber gloves, alcohol
				pads, and educational inserts.
D.
Naloxone Hydrochloride
: An opioid antagonist approved by the
				United States Food and Drug Administration that when administered can
				temporarily stop or reverse the effects of an Opioid-related Drug Overdose.
E.
Opioid-related Drug
				Overdose
: A condition including, but not limited to, extreme physical
				illness, decreased level of consciousness, respiratory depression, coma or
				death resulting from the consumption or use of an opioid, or another substance
				with which an opioid was combined, or a condition that a reasonable person
				would believe to be an Opioid-related Drug Overdose that requires medical
				assistance.
F.
Overdose
				Prevention Program
: A program established by a Community-based Agency
				that has the goal of increasing awareness of opioid use and overdose
				prevention.
G.
Standing
				Order
: A written order for a medication authorizing the dispensing of
				the medication when specified predetermined conditions have been met.
				Consistent with
				22 M.R.S.
				§2353(2), a Standing
				Order for Naloxone Hydrochloride allows a Healthcare Professional to issue an
				order without the Healthcare Professional necessarily interacting directly with
				the ultimate recipient of the medication.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 19 - RULES GOVERNING COMMUNITY-BASED DRUG OVERDOSE PREVENTION PROGRAMS › Section 118-19-4 - Policies and Procedures

Current through 2024-29, July 17, 2024
A.
Standing
				Orders
1. Any Healthcare Professional
				who is authorized by law in the State of Maine to prescribe Naloxone
				Hydrochloride and who is acting within the scope of professional competency may
				issue a Standing Order for the supply of Naloxone Hydrochloride to an eligible
				Community-based Agency as described in Section 4.B below.
2. At a minimum, the Standing Order shall:
a. Include the name of the Community-based
				Agency that will store, dispense, and distribute the supply of Naloxone
				Hydrochloride.
b. Specify that the
				following individuals are eligible to receive Naloxone Hydrochloride from the
				Community-based Agency: an individual at risk of experiencing an Opioid-related
				Drug Overdose, a member of an individual's immediate family or a friend of the
				individual or another person in a position to assist the individual if the
				individual is at risk of experiencing an Opioid-related Drug Overdose.
c. Include the delivery method of
				Naloxone Hydrochloride, such as auto injector, intranasal, or intermuscular.
3. The Community-based
				Agency must retain copies of any Standing Orders written for the agency under
				this rule and such copies must be available for review by the Department of
				Health and Human Services or its authorized agents upon request. Any request by
				the Department for copies of such records must be provided at no expense to the
				Department,
4. Although not
				required, the Healthcare Professional issuing the Standing Order for Naloxone
				Hydrochloride may be an employee or contractor of the Community-based Agency.
				In the event the Healthcare Professional issuing the Standing Order is not an
				employee or contractor of the Community-based Agency, the Healthcare
				Professional and Community-based Agency must enter a signed written agreement
				indicating a mutual understanding that the Community-based Agency will store,
				dispense, and distribute the Naloxone Hydrochloride in accordance with these
				rules. The Community-based Agency shall make this agreement available for
				review by the Department upon request.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
It is the intent of this rule to assure the highest level of
				  respect for the dignity, and the legal and human rights of clients served In
				  Intermediate Care Facilities for the Mentally Retarded run by the Department of
				  Mental Health and Mental Retardation. The Department is responsible [DHS Reg.
				  subsection 6(E) ] for assuring the establishment of and continuation of a
				  qualified and fully functioning Human Rights Committee to serve every client
				  residing in an Intermediate Care Facility foe the Mentally
				  Retarded.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-II - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Appointing authority - For purposes of
				this rule, the appointing authority shall be the commissioner of the Department
				of Mental Health and Mental Retardation.
B. At Risk - At risk situations are those in
				which a client is recognized to be at greater than normal jeopardy (the
				jeopardy an average citizen experiences to day-to-day living) when taking into
				consideration the client's mental and physical condition.
C. Aversive behavior modification programs -
				An aversive behavior modification program is a program designed to involve the
				use of noxious or painful stimuli or one which manipulates or limits a client's
				capability to exercise fully his basic rights, as enumerated in the Rights of
				Mentally Retarded Persons ( 34-B MRSA subsection5601 et seq.).
D. Experimentation -- The Term
				"experimentation", for purposes of this rule, shall include the use of any
				non-FDA approved drug or the use of any drug which has not been approved by the
				FDA for its currently contemplated usage. In addition, experimentation shall
				mean the use of any procedure which has not been fully accepted by national
				professional organizations representing the discipline with primary
				responsibility for the development and implementation of the proposed
				procedures.
E. Investigate -
				Investigate, for purposes of this rule, shall mean the review and monitoring
				functions specified in Section VII S ection VIII and Section IX of this
				rule.
F. Medications used as
				restraint - Any medication prescribed for the purpose of omitting an
				individual's volitional movement or subduing an Individual shall' be considered
				medication used as a restraint. In addition, any drug which has as a major side
				effect, this restraining characteristic may be considered as a medication used
				as a restraint.
G. Medications used
				as behavior modifiers - Any medication prescribed for the purpose of modifying
				a client's behavior, and which medication is not medically Indicated as a drug
				of treatment for a special medical condition such as seizure control. shall be
				deemed medication used as a restraint.
H. Restraint - Restraint, for purposes of
				this rule, shall be defined as any mechanical device, medication, or
				environmental enclosure which is designed to inhibit the free movement of a
				client. In a11 cases, restraints shall be designed to impose the least possible
				restriction for the client consistent with the purpose of the restraint.
				Totally enclosed cribs, barred enclosures, and physically restraining
				interventions shall be considered restraints.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-III - LEGAL BASIS

Current through 2024-29, July 17, 2024
This rule is developed in conformance with and recognition of
				  federal mandates in the Developmental Disabilities Assistance and Hill of
				  Rights Act ( 42USC600 et seq.) which require that agencies serving
				  developmentally disabled clients "shall develop standards which are designed to
				  assure the most favorable possible outcomes for those served" and that those
				  "standards are, at least equivalent to those standards applicable to
				  intermediate care facilities for the mentally retarded, as appropriate,
				  considering the size and service delivery arrangements of those agencies" (39
				  Federal Register Part 11 January 17, 1974). Maine State Law empowers the
				  Department of Human Services to license ICFs/MR (
				   22 MRSA
				  subsection1811 ). Acting on Its mandate to
				  license ICFs/MR, the Department of Human Services has promulgated regulations
				  governing the licensing and functioning of ICFs/MR. (DHS Bureau of Medical
				  Services ­Chapter 118 - Regulations Governing the Licensing and
				  Functioning of ICFs for the Mentally Retarded, July 1, 1980). Those regulations
				  require in pertinent part [DHS Regs. Page 34 - 6(E)] that the governing body of
				  the home shall establish a Human Rights Committee to assure the protection of
				  the resident and resident's rights. Those regulations further state (DHS Regs.
				  Page 32 6(D)(19)] that "all alleged instances of mistreatment, neglect or abuse
				  shall be reported... to ... the rights committee ... and there shall be a
				  written report documenting... thorough and prompt investigation" with findings
				  stated.
Furthermore, the Department of Mental Health and Mental
				  Retardation has entered into a consent judgment In a right to treatment suit
				  for the mentally retarded Wuori v Concannon No. 75-80-P CD. Me. July 14, 1978).
				  it is the policy of the Department that all clients receiving services as a
				  result of this class action suit can receive aversive conditioning treatment
				  only after positive reinforcement and other less drastic alternatives have been
				  tried and failed and the aversive conditioning program has received the
				  approval of a three-person committee consisting of one member of the Consumer
				  Advisory Board, the client's advocate and a representative of the Bureau of
				  Mental Retardation.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-IV - ESTABLISHMENT AND CONTINUATION OF HUMAN RIGHTS COMMITTEE

Current through 2024-29, July 17, 2024
The appointing authority shall assure that each Intermediate
				  Care Facility for the Mentally Retarded run by the Department of Mental Health
				  and Mental Retardation shall have a standing Human Rights Committee or that
				  clients residing in such a facility run by the Department shall have access to
				  a standing Human Rights Committee which may be established jointly by the heads
				  of more than one program, provided that the number, geographical separateness
				  or programmatic diversity of the programs is not so great as to limit the
				  effectiveness of the committee in meeting the requirements herein set
				  forth.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-V - MEMBERSHIP

Current through 2024-29, July 17, 2024
Each Human Rights Committee shall be composed, minimally, of
				  at least six members, including one governing board member, one direct contact
				  staff member, one relative of a resident, two impartial community citizens with
				  no personal involvement in the operation of the facility and one physician or
				  allied health professional who has specialized training and is involved in the
				  delivery of medical and health services. The Committee's size may be Increased.
				  as needed. by adding additional community members. The responsible regional or
				  institutional advocate representing the Office of Advocacy shall serve as a
				  non-voting consultant to the Human Rights Committee.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-VI - APPOINTMENT

Current through 2024-29, July 17, 2024
Members of the Human Rights Committees shall be appointed by
				  the Commissioner for terms of three years and individual members may be
				  reappointed for up to three terms. In making the initial appointments, the
				  Commissioner shall make appointments for one-third of each Committee's
				  membership for terms of one year, two years and three years respectively. After
				  the initial appointments are made, each Committee shall thereafter make
				  nominations annually to the Commissioner of persons to fill that Committee's
				  expiring terms.
No fewer than two-thirds of the membership of each Committee
				  shall be appointed from such nominations made by each Committee to the
				  Commissioner.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-VII - ROLE OF HUMAN RIGHTS COMMITTEES

Current through 2024-29, July 17, 2024
It is the role of Human Rights Committees to monitor and
				  assure the rights and dignity of clients served by the facility for which the
				  Human Rights Committee has responsibility. More specifically, each Human Rights
				  Committee shall review and monitor aversive behavior modification programs,
				  research, experimentation, medications used as a restraint, and medications
				  used as behavior modifiers. It should be noted that
				  
				  34-B MRSA subsection5605(8)
				  D. requires a full review, at least every six months, of the drug regimen of
				  each mentally retarded resident in a residential facility. These reviews shall
				  be made available to the Human Rights Committee to assist it in carrying out
				  its functions. In addition, Human Rights Committees shall receive notice of all
				  complaints and may review all investigations conducted in that facility
				  regarding allegations of abuse, mistreatment, neglect: or exploitation of a.
				  client. The Committee may review and comment on institutional, facility, Bureau
				  or Departmental policies affecting the rights and dignity of clients served and
				  may recommend, attend and critique any training or informational activities
				  carried out by the appointing authority designed to foster greater
				  understanding of and adherence to standards regarding clients' rights and
				  dignity. The Human Rights Committee may also review, comment upon. or monitor
				  other activities carried on within the facility for which they are
				  responsible.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-VIII - FUNCTIONING OF HUMAN RIGHTS COMMITTEES

Current through 2024-29, July 17, 2024
Each member of a Human Rights Committee should strive to
				  resolve concerns regarding client care at the lowest possible administrative
				  level. Each Human Rights Committee shall. as required by law (
				   34-B MRSA
				  subsection5606 ), report any allegations of
				  abuse, mistreatment, neglect, exploitation, or the dental of a tight of a
				  mentally retarded person to the Office of Advocacy, the Attorney General's
				  office, and to the appointing authority. This report shall be made within 24
				  hours in any instance where the safety or well-being of an individual or group
				  of clients is at Issue, the Human Rights Committee Is expected to contact.
				  Initially, the Individual with direct responsibility for addressing the
				  particular problem being presented. Should a situation , arise such that the
				  Human Rights Committee is unable to obtain satisfactory revolution of a
				  concern, the department staff involved with the Committee at that level should
				  assist the Committee in bringing its concern to the attention of the next most
				  senior Individual with responsibility for that area of concern. The Human
				  Rights Committee responsible for a facility shall receive copies of any finding
				  or decision relating to the use of aversive behavior modification procedures
				  reviewed by the Consumer Advisory Board Behavior Modification Review Committee.
				  Human Rights Committees shall determine the specific functioning of the
				  Committee in such areas as frequency of meetings, attendance requirements,
				  recordkeeping, on-site review, and other areas of general committee functioning
				  including the appointment of a Committee chairperson. The power and authority
				  of Human Rights Committees Is contingent upon an open and honest relationship
				  between those empowered to carry out the care and treatment of clients and
				  those empowered to review and monitor the adequacy and appropriateness of that
				  treatment.