Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 252 - SYRINGE SERVICES PROGRAMS RULE › Section 144-252-1 - GENERAL DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Definitions
. As used in this rule, the following terms have the
				following meanings:
1.
Applicant
means each individual who signs the application for certification of a Syringe
				Services Program (SSP or Program). The applicant must be the individual who has
				the ultimate responsibility for ensuring that a Program operates in compliance
				with this rule.
2.
Administrator
means a person having the authority and
				responsibility for the operation of the Syringe Services Program and for staff
				performance.
3.
Certification
				Review Team
means the stakeholder group charged with reviewing SSP
				applications that may consist of representatives from the following groups, or
				their appointees: the HIV/STD program and/or the Epidemiology Program of the
				Department of Health and Human Services Maine Center for Disease Control and
				Prevention (Maine CDC); the Department of Health and Human Services Office of
				Behavioral Health; the Maine Association of Chiefs of Police; the Maine
				Department of Public Safety; the Maine Department of Labor Bureau of Labor
				Standards; the Maine Drug Enforcement Agency; HIV Prevention Service Providers
				and Consumer representatives. The director of the Maine CDC or his/her designee
				will appoint appropriate members of the Certification Review Team for the
				purpose of reviewing applications for certification of Syringe Services
				Programs.
4.
Consumer
means a person eighteen (18) years of age or older who receives Syringe
				Services.
5.
Consumer
				Education and Referral Plan
means a written plan for the education of
				Consumers on: the prevention and treatment of HIV, Viral Hepatitis and other
				blood borne pathogens, substance use disorder treatment and a written plan for
				how referrals to appropriate services will be made. The plan will include a
				list of referrals to substance use disorder treatment providers, social service
				providers, and HIV and Viral Hepatitis service and treatment providers
				available in the area the Syringe Services Program serves.
6.
Consumer Confidentiality
				Protocol
means a written protocol which strictly limits the disclosure
				of Consumer identification information and Consumer HIV status.
7.
Commissioner
means the person
				who heads the Department of Health and Human Services.
8.
Department
means the Maine
				Department of Health and Human Services Maine Center for Disease Control and
				Prevention (Maine CDC).
9.
Documented
means written, signed and dated.
10.
Exchange Event
means the
				Consumer's visit to a Syringe Services Program to exchange one or more used
				syringes for new syringes or to receive any other Syringe Services.
11.
Hypodermic Apparatus
means a
				syringe used with a hollow needle for the injection of material beneath the
				skin.
12.
Needle or Syringe
				Disposal Plan
means a written plan which describes a coordinated program
				for the terminal disposal and incineration of used syringes in compliance with
				the Occupational Safety and Health Administration's guidelines regarding
				Occupational Exposure to Blood borne Pathogens and the Safe Discarding and
				Containment of Contaminated Sharps under
				29 CFR §
											1910.1030.
13.
New Enrollee
means a person
				eighteen (18) years of age or older who enrolls into a Syringe Services Program
				for the first time. If a Consumer exits or is disenrolled from a Syringe
				Services Program and re-enrolls at a later time he/she will be considered a
				"New Enrollee."
14.
Occupational Safety and Health Administration
means
				(OSHA).
15.
Policies
means written standards that govern the provisions of Syringe
				Services.
16.
Policy and
				Procedures Manual
means the a written manual detailing the program's
				confidentiality safeguards, safety procedures, blood borne pathogen exposure
				protocols, referral services for Consumers, complaint procedures, Consumer
				enrollment and termination guidelines, procedures for implementing all program
				operating requirements listed in Section
				2, E, (Operating Requirements) and
				all other policies and procedures necessary for the safe and lawful operation
				of a Syringe Services Program.
17.
Procedures
means the specific, written directions to accomplish
				policies.
18.
Program
means a Certified Syringe Services Program including all staff.
19.
Program Data Collection
				Protocols
means written data collection instruments for recording the
				following information: demographic information of all Consumers including age,
				race, ethnicity, sex and gender; the number of syringes collected, distributed
				and disposed of at each site; the number of Consumers receiving syringe
				services; the number of referrals made to HIV service and treatment providers;
				the number of Consumers who received an HIV test through the Administrator; the
				number of referrals made to substance use disorder treatment providers; the
				number of new enrollees receiving new syringes without exchange at enrollment;
				and the number of syringes distributed to new enrollees without exchange at
				enrollment. This data must be provided to the Maine CDC annually, or as often
				as the Maine CDC may deem necessary.
20.
Protocols
means the written
				guidelines that define the limits and extent of practice of the staff of a
				Syringe Services Program.
21.
Public Notice
means written notice to law enforcement, substance
				use disorder treatment providers, HIV prevention service providers, and local
				governing bodies of a Program's intent to establish and maintain an HIV
				prevention Syringe Services Program in a community, including an explanation of
				the HIV prevention goals of the Program and an invitation to participate in the
				implementation of the local Program.
22.
Signature
means at least the
				first initial and full surname and title (for example, S. Jones, R.N.) of a
				person, legibly written, generated by computer with authorization safeguards,
				or communicated by a facsimile communications system (FAX) followed by the
				original.
23.
Site
means the location (s) or venue(s) where Syringe Services are offered to
				consumers.
24.
Staff
means anyone involved in providing Syringe Services on behalf of a
				Program.
25.
Staff Training
				Plan
means a written plan in compliance with the Occupational Safety and
				Health Administration's guidelines regarding Occupational Exposure to Blood
				borne Pathogens and the Safe Discarding and Containment of Contaminated Sharps
				under 29 C.F.R. §
											1910.1030 and the Maine CDC Privacy
				Policy..
26.
Staff
				List
means an up-to-date written list of the names, addresses, and dates
				of birth of all staff involved in a Syringe Services Program which must be
				maintained at the Administrator's office.
27.
Syringe
means the same as
				"hypodermic apparatus" as that term is used in 22 MRS §
										1341 and is defined at Section
				1(11)) of this
				rule.
28.
Syringe
				Services
means "hypodermic apparatus exchange" as defined in 22 MRS
				§
										1341 and may
				include, but is not limited to, receiving new syringes, referrals, and
				educational materials about prevention, treatment, and proper disposal of
				syringes.