reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 144-263-8 - QUALITY SYSTEMS

Current through 2024-29, July 17, 2024
A.
Laboratory
				organization
The laboratory must:
1. Be an entity that can be held legally
				responsible;
2. Carry out its
				testing activities in such a way as to meet the requirements of this rule and
				to satisfy the needs of clients and the regulatory authorities;
3. Have technical management and personnel
				who, irrespective of other responsibilities, have the authority and resources
				needed to carry out their duties and to identify the occurrence of departures
				from the quality system and to initiate actions to prevent or minimize such
				departures;
4. Use personnel
				employed by, or under contract to, the laboratory. Where contracted and
				additional technical and key support personnel are used, the laboratory must
				ensure that such personnel are supervised and competent and that they work in
				accordance with the laboratory's quality system;
5. Have a written policy that, as indicated
				by signature, ensures management and personnel are free from any undue internal
				and external commercial, financial and other pressures, and influences that may
				adversely affect the quality of their work or diminish confidence in its
				competence, impartiality, judgement or operational integrity;
6. Define the organization and management
				structure of the laboratory, its place in any parent organization and the
				relationships between quality management, technical operations and support
				services;
7. Define the
				responsibilities of key personnel in the organization that have an involvement
				or influence on the testing, if the laboratory is part of an organization
				performing activities other than testing, in order to identify potential
				conflicts of interest;
8. Have
				policies and procedures to ensure the protection of its clients' confidential
				information and proprietary rights, including procedures for protecting the
				electronic storage and transmission of results;
9. Maintain records of the relevant
				authorization(s), demonstration(s) of capability, educational and professional
				qualifications, training, skills and experience of all technical personnel,
				including contracted personnel. This information must be readily available and
				include the date on which authorization and/or competence is confirmed;
				and
10. Maintain initials and
				signatures of anyone analyzing or reviewing data so that the records can be
				traced back to the individual approving the data.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 144-263-10 - PROFICIENCY TESTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Obtaining
				proficiency test samples
A laboratory must obtain proficiency test samples from an
				  approved provider meeting the criteria below:
1. Approved providers of proficiency test
				samples
a. The National Environmental
				Laboratory Accreditation Program (NELAP) Institute, also known as The NELAP
				Institute (TNI);
b. EPA;
				or
c. Other proficiency test
				providers that are also accreditation bodies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 144-263-11 - QUALITY CONTROL CRITERIA

Current through 2024-29, July 17, 2024
A.
Quality
				control criteria for chemistry
1.
				Scope
a. This section applies to laboratories
				performing testing under the inorganic chemistry, metals, volatile organic
				compounds and other organic compounds test categories unless otherwise
				indicated.
b. All requirements in
				this Section must be incorporated into the laboratory's procedures, unless
				otherwise directed by the approved method. The quality control requirements
				specified by the laboratory's standard operating procedures must be
				followed.
c. All quality control
				measures must be assessed and evaluated on an ongoing basis and quality control
				acceptance criteria must be used to determine the validity of the
				data.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 144-263-12 - WASTE MANAGEMENT

Current through 2024-29, July 17, 2024
A. SOPs for waste
				management
The laboratory must have SOPs for the disposal of samples,
				  digestates, leachates and extracts or other sample preparation products. All
				  waste must be managed according to the following requirements:
1. Solid waste, as defined in the
Maine Hazardous Waste, Septage and Solid Waste Management Act
,
				38 MRS §
										1303- C(29), must be managed in
				accordance with the
Solid Waste Management Rules
, 06-096 CMR,
				Ch. 400 - 425.
2. Incinerator ash,
				provided it is not hazardous by characteristic, is a special waste. Regulations
				governing the handling, storage and disposal of incinerator ash are specified
				in 06-096 CMR, Chs. 400 - 425 of the Solid Waste Management Rules. Incinerator
				ash which meets hazardous waste characteristics, as defined in
Identification of Hazardous Wastes
, 06-096 CMR, Ch. 850, must
				be managed as a hazardous waste.
3.
				Hazardous wastes, as defined by 38 MRS §
										1303- C(15) (with the exception of
				infectious and pathogenic wastes) and in 06-096 CMR, Ch. 850 must be managed in
				accordance with Maine's Standards for Hazardous Waste Facilities, Licensing of
				Transporters of Hazardous Waste Rules, Standards for Hazardous Waste Facilities
				Rules, Interim Licenses for Waste Facilities for Hazardous Wastes Rules,
				Licensing of Hazardous Waste Facilities Rules and Hazardous Waste Manifest
				Requirements (See 06-096 CMR, Chs. 850 - 857).
4. Radioactive material, as defined by the
				Radiation Protection Act pursuant to 22 MRS §
										673, must be managed in accordance
				with the rules of the U.S. Nuclear Regulatory Commission and the Maine Rules
				Relating to Radiation Protection (10-144 CMR, Ch. 220).
5. Biomedical waste, as defined by 38 MRS
				§
										1303- C(1-A),
				must be managed in accordance with the
Biomedical Waste Management
				Rules
, 06-096 CMR, Ch. 900.
6. If there is a conflict between another
				applicable rule or regulation and this rule, the more restrictive requirement
				applies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-1 - DEFINTIONS

Current through 2024-29, July 17, 2024
A.
Certificate of Immunization
means a written statement from a physician, nurse, physician assistant or
				health official who has administered an immunization to an employee, specifying
				the vaccine administered and the date it was administered. Secondary school or
				collegiate health records, having been compiled and maintained as an official
				document based on certificates of immunization, which provide at a minimum the
				month and year that the immunization was administered and/or which contain
				copies of laboratory evidence of immunity, may also be accepted as proof of
				immunization.
B.
Chief
				Administrative Officer
means the person designated as the president,
				chief executive officer, administrator, director or otherwise the senior
				official of a Designated Healthcare Facility.
C.
Declination
means a formal
				process where an individual makes an informed choice declining Hepatitis B
				vaccination, following standards and procedures established by the federal
				Occupational Safety and Health Administration (OSHA) regulations (29 CFR §
										1910.1030(f)(2)(iv)
				(effective July 6, 1992).
D.
Department
means the Department of Health and Human
				Services.
E.
Designated
				Healthcare Facility
means a licensed nursing facility, residential care
				facility, Intermediate Care Facility for Individuals with Intellectual
				Disabilities (ICF/IID), multi-level healthcare facility, hospital, or home
				health agency subject to licensure by the State of Maine, Department of Health
				and Human Services Division of Licensing and Certification.
F.
Disease
means the following
				conditions which may be preventable by immunization:
1. Rubeola (measles);
2. Mumps;
3. Rubella (German measles);
4. Varicella (chicken pox);
5. Hepatitis B.; and
6. Influenza.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-2 - IMMUNIZATIONS REQUIRED

Current through 2024-29, July 17, 2024
A. Except as
				otherwise provided by law, each Designated Healthcare Facility in the State of
				Maine must require for all employees who do not exclusively work remotely a
				Certificate of Immunization, or Proof of Immunity, subject to Section
				4(B) of this rule,
				against:
1. Rubeola (measles);
2. Mumps;
3. Rubella (German measles);
4. Varicella (chicken pox);
5. Hepatitis B;
6. Influenza.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-3 - EXEMPTIONS

Current through 2024-29, July 17, 2024
An employee who does not provide a Certificate of
				  Immunization or Proof of Immunity, as described in Section
				  4(B) for a vaccine
				  required under this rule may be permitted to attend work if that employee is
				  exempt in accordance with
				  22 MRS
				  §802 (4-B), unless
				  otherwise provided by law. Documentation for an employee's immunization
				  exemption must be maintained in the permanent health record for that employee
				  for a minimum of six years after termination.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-4 - CERTIFICATE of IMMUNIZATION and PROOF OF IMMUNITY

Current through 2024-29, July 17, 2024
A.
Certificate of Immunization
To demonstrate proper immunization against each disease, an
				  employee must present the Designated Healthcare Facility with a Certificate of
				  Immunization from a physician, nurse or health official who has administered
				  the immunization(s) to the employee. Physicians within their own practice may
				  authorize their own employees to issue a certificate of immunization on behalf
				  of the physician. The certificate must specify the immunization(s), and the
				  date(s), including month and year, on which it was administered. Physicians,
				  having reviewed official patient records created by another practitioner which
				  indicate that a particular patient has received an immunization on a specified
				  date, demonstrating at a minimum the month and year the immunization was given,
				  may certify that the immunization was given. Adequately prepared secondary
				  and/or collegiate school health records will also be considered acceptable for
				  the purpose of meeting this requirement.
B.
Proof of Immunity
To demonstrate that an employee is immune to any of the
				  diseases listed in Section
				  5(A)(1)-(5) , the
				  employee may present the hospital/facility Designated Healthcare Facility with
				  laboratory evidence demonstrating immunity, or other acceptable evidence of
				  immunity. (See Section
				  7 (-B) Individual Health Records.) No
				  Proof of Immunity is available for Influenza.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-5 - IMMUNIZATION DOSAGE

Current through 2024-29, July 17, 2024
A. The following
				schedule contains the minimally required number of doses for the
				immunization(s) listed in Section
				2(A) of this rule:
1.
Rubeola (Measles)
: Two doses
				of live measles vaccine given after the first birthday, with a minimum of four
				weeks separating the two doses.
2.
Mumps
: Two doses of live mumps vaccine given after the first
				birthday.
3.
Rubella (German
				Measles)
: Two doses of live rubella vaccine given after the first
				birthday.
4.
Varicella
				(Chickenpox)
: Two doses of live varicella vaccine given after the first
				birthday, with a minimum of four weeks separating the two doses.
5.
Hepatitis B
: Fully completed
				series of either two or three doses of hepatitis B vaccine. If a two-dose
				series, then the second dose must be given one month after the first dose. If a
				three-dose series, the second dose must be given one month after the first dose
				and five months must separate the second and third doses.
6.
Influenza
: Annual dose of
				inactivated influenza vaccine or live attenuated influenza vaccine.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-6 - EXCLUSIONS FROM THE HEALTHCARE SETTING

Current through 2024-29, July 17, 2024
A.
Exclusion by order of Public Health Official
A Public Health Official may order a Chief Administrative
				  Officer to exclude from the worksite an employee who has not been immunized
				  when the employee's continued presence poses a clear danger to the health of
				  others. The documented occurrence of a single case of rubeola (measles), mumps,
				  rubella (German measles), or varicella (chickenpox) in a Designated Healthcare
				  Facility or amongst its employees may be interpreted as a clear danger to the
				  health of others.
The Chief Administrative Officer must exclude that employee
				  during the period of danger, unless otherwise ordered by the Public Health
				  Official.
B. The following
				periods are defined as the minimum "period of danger" for each disease listed
				below:
1
Measles
: 15 days from
				the onset of symptoms from the last identified case
2.
Mumps
: 18 days from the onset
				of symptoms from the last identified case
3.
Rubella
: 23 days from the
				onset of symptoms from the last identified case
4.
Varicella
: 16 days from the
				onset of symptoms from the last identified case.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 264 - Immunization Requirements For Healthcare Workers › Section 144-264-7 - RECORD KEEPING, REPORTING, AND ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
Designated Record Keeping
The Chief Administrative Officer in each Designated
				  Healthcare Facility must be responsible for the maintenance of employee
				  immunization records. The Chief Administrative Officer may designate a person
				  to be responsible for record keeping.
B.
Individual Health Records
Each Designated Healthcare Facility must adopt a uniform,
				  health record for maintaining information regarding the health status of each
				  employee. The immunization status of each employee with regard to each disease
				  must be noted on the employee's health record. The health record of each
				  employee must include, at a minimum, the month and year that each immunization
				  was administered. Health records are to be retained a minimum of six years
				  after the date the employee provided services.
Where an exemption has been granted for a reason authorized
				  by law, the documentation supporting the exemption (including any information
				  regarding the anticipated duration of the exemption) must be on file with the
				  employee health record. Where Proof of Immunity has been accepted, a copy of
				  the documentation must also be on file.
C.
List of Non-Immunized
				Employees
The Chief Administrative Officer or his/her designee in each
				  Designated Healthcare Facility must keep a listing for each disease of the
				  employees who are not currently immunized and have not provided Proof of
				  Immunity. This list must include the names of all employees with authorized
				  exemptions from immunization as well as any who are otherwise not known to be
				  immune and must state the reason that the employee is not immune. The purpose
				  of the list is to provide an efficient means to rapidly contact non-immunized
				  employees in the event of disease outbreaks and exclude them from the workplace
				  as necessary.
D.
Required Reports
The Chief Administrative Officer of each Designated
				  Healthcare Facility is responsible for completing the Maine CDC's annual survey
				  regarding the immunization status of all employees by December 15 of each
				  calendar year. The survey will include the following information at a
				  minimum:
1. Specific contact
				information identifying the facility;
2. The name of the Chief Administrative
				Officer;
3. The total number of
				employees; and
4. The number of
				employees identified by vaccine type as either being immunized, having
				demonstrated serological proof of immunity, having an exemption in accordance
				with law, having declined hepatitis B vaccine, or being out of compliance.
The survey results may be constructed so as to reflect
				  meaningful data by groupings within the facility (e.g., pediatric unit). Each
				  report must be signed by the Chief Administrative Officer as a certification
				  that the information is accurate.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 265 - Substance Use Testing For The Workplace Rule › Section 144-265-4 - TESTING LABORATORIES

Current through 2024-29, July 17, 2024
A. Laboratories
				conducting substance use testing of employees and applicants must comply with
				all of the following requirements, except as noted.
1. Licensure.
a. Laboratories conducting substance use
				testing under this rule must be licensed by the Department for such testing.
				Application for licensure must be made by the laboratory owner on forms
				prescribed by the Department and must be accompanied by a non-refundable fee,
				in accordance with the Schedule of Charges for Testing and Services Provided by
				the Maine Health and Environmental Testing Laboratory Rule (10-144 CMR Chapter
				257), as provided by
				22 MRS
				§565.
b. The term of the license will be one year
				from the date of issue. Application for renewal must be received by the
				Department at least one month before the expiration date of the current
				license. Application for renewal must be accompanied by a non-refundable fee,
				in accordance with 10-144 CMR Chapter 257, as provided by
				22 MRS
				§565.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 265 - Substance Use Testing For The Workplace Rule › Section 144-265-5 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
A. Unless the employee or applicant consents,
				all test results and any information acquired by an employer in the testing
				process is confidential and may not be released to any person other than the
				employee or applicant who was tested, a Medical Review Officer, any authorized
				personnel of the employer, and a provider of rehabilitation or treatment
				services. This requirement applies to personnel of all laboratories, as well as
				to employers. This paragraph does not prevent:
1. The release of this information when
				required or permitted by State or federal law, including release under
				26 MRS
				§683 (8)(D);
				or
2. The use of this information
				in any grievance procedure, administrative hearing or civil action relating to
				the imposition of the test or the use of test results.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 265 - Substance Use Testing For The Workplace Rule › Section 144-265-6 - INTERDEPARTMENTAL COMMUNICATION

Current through 2024-29, July 17, 2024
The Department will inform the Department of Labor of any
				  changes proposed or made in this rule, to ensure necessary coordination between
				  the rules of both departments.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-1 - APPLICATION FOR CERTIFICATION

Current through 2024-29, July 17, 2024
Application for certification as an analyst must be initiated
				  by qualified personnel meeting the technical qualification requirements of
				  these rules and regulations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-2 - TECHNICAL QUALIFICATIONS FOR LABORATORY ANALYST

Current through 2024-29, July 17, 2024
A.
				Successful completion in an accredited college or university of a course of
				study which meets all academic requirements for a bachelor's degree in one of
				the chemical, physical, biological or pharmaceutical sciences and at least 24
				semester hours in chemistry which shall include at least 8 semester hours of
				analytical chemistry. In addition, the analyst must have had experience in drug
				identification or have successfully completed special training approved by the
				department.
B. For those
				individuals who do not qualify under (A) but have been testing drugs for
				identification and have been qualified to testify as an expert witness in
				superior court at least 1 year prior to May 1, 1976, an exception shall be made
				in the qualifications listed above, provided they have successfully completed a
				course of study in an accredited college or university which meets all academic
				requirements for a bachelor's degree, and have at least 24 semester hours in
				chemistry, biology or physics courses of which not less than 16 hours must have
				been in chemistry.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-3 - EVALUATION OF THE LABORATORY AND PERSONNEL

Current through 2024-29, July 17, 2024
A.
				No person shall be certified unless his work is done in a well organized
				laboratory which has been inspected and approved by the Department of Human
				Services. Said Laboratory shall have adequate space, facilities and equipment
				necessary to assure that competent, professional service is performed. Such
				equipment shall be maintained in good working order, routinely checked and
				properly calibrated. Adequacy of equipment and proper maintenance thereof may
				be checked as deemed necessary by visits by the certifying authority or agent
				appointed by him.
B. Laboratories
				shall possess a Controlled Substance Registration Certificate as issued by the
				Drug Enforcement Administration, U.S. Department of Justice.
C. For each drug which will be identified, a
				laboratory shall stock a reference standard sample, if commercially available;
				reference standards may be prepared by synthesis or by extraction and
				purification of a drug in dosage form, and checking identity by comparison of
				its infrared absorption spectrum, mass spectra, or x-ray diffraction pattern
				with those published in the appropriate scientific literature which shall
				include but not be limited to:
1. Association
				of Official Analytical Chemists "Infrared and Ultraviolet Spectra of Some
				Compounds of Pharmaceutical Interest"
2. Bureau of Narcotics, United States Dept.
				of Justice, "Analytical Manual, Analysis of Drugs"
3. E.G.C. Clarke, "Isolation and
				Identification of Drugs", the Pharmaceutical Press, London
4. Sunshine and Gerber, "Spectrophotometric
				Analysis of Drugs", Thomas
5.
				Sadtler Standard Spectra, Philadelphia
6. Journal of Forensic Sciences
7. Microgram
8. The Journals of the American Chemical
				Society
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-4 - MAINTAINING RECORDS AND REPORTING FOR STATISTICAL PURPOSES

Current through 2024-29, July 17, 2024
Identification of scheduled drug in samples submitted for
				  analysis shall be supported by details of physical and chemical characteristics
				  determined by appropriate tests. Complete data of each test result shall be
				  preserved for a period of at least two years after the date of submittal of the
				  report and shall be available for inspection if required by the certifying
				  agent. Records of laboratory reports shall be filed in a manner which permits
				  ready accessibility and identification. A semiannual report shall be made to
				  the Department of Human Services, listing totals of samples received and drugs
				  identified on a form provided by the department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-5 - ADDITIONAL REQUIREMENTS - CONTINUITY AND SECURITY

Current through 2024-29, July 17, 2024
Assurance of continuity is of prime importance in forensic
				  work. Each certified analyst will accept and take possession of samples being
				  submitted. If work is not undertaken immediately, sample shall be stored in an
				  area to which the analyst alone has access. Like precautions shall be used to
				  safeguard remaining evidence after test is completed. Records shall also be
				  safeguarded in such a way that results are available only to agencies to which
				  reports may be lawfully submitted.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-6 - CERTIFICATION FOR ANALYST ONLY

Current through 2024-29, July 17, 2024
Certification is granted only to the analyst who personally
				  does the work and shall in no way provide for the analyst to make use of or
				  himself certify the work of any other person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-7 - FAILURE TO COMPLY WITH THESE STANDARDS

Current through 2024-29, July 17, 2024
Failure to comply with the standards set forth in these rules
				  and regulations shall constitute grounds for refusing to certify any person as
				  an analyst or for revoking the certification of any person as an
				  analyst.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 266 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSIS FOR DETECTION / IDENTIFICATION OF DRUGS › Section 144-266-8 - CERTIFICATION GOOD FOR FIVE YEARS

Current through 2024-29, July 17, 2024
Certificates will be granted to cover a period of five years,
				  but may be sooner revoked for cause as specified. Application must be made for
				  renewal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-1 - APPLICATION FOR CERTIFICATION

Current through 2024-29, July 17, 2024
Application for certification as an analyst must be initiated
				  by qualified personnel meeting the technical qualification requirements of
				  these rules and regulations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-2 - TECHNICAL QUALIFICATIONS FOR LABORATORY ANALYST

Current through 2024-29, July 17, 2024
A.
				Successful completion in an accredited college or university of a course of
				study which meets all academic requirements for a bachelor's degree in medical
				technology or one of the chemical, physical, or biological sciences. In
				addition, the analyst must have had at least one year of experience in
				analytical chemistry, or have completed successfully special training provided
				or approved by the Department.
B.
				Successful completion in an accredited college or university of a course of
				study which meets all academic requirements for a bachelor's degree, and has at
				least 24 semester hours in chemistry, biology, or physics courses of which not
				less than 18 hours must have been in chemistry. In addition, the analyst must
				have had at least one year of experience in analytical chemistry, or have
				completed successfully special training provided or approved by the
				Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-3 - EVALUATION OF THE LABORATORY AND PERSONNEL

Current through 2024-29, July 17, 2024
A.
				Proficiency testing shall be made semiannually.
B. Certification shall be based on
				satisfactory performance on proficiency testing. Failure to perform
				satisfactorily on proficiency test samples may result in revoking
				certification.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-4 - ANALYSIS OF BLOOD AND BREATH

Current through 2024-29, July 17, 2024
A. All blood
				specimens received by the laboratory should be refrigerated until the analysis
				has been performed.
B. Replicate
				analyses are recommended in order to minimize the possibility of undetected
				errors.
C. Results should be
				expressed in terms of % w/v, that is, grams of alcohol per 100 milliliters of
				blood, rounded downward, to the second decimal place; for example, 0.237%
				should be reported as 0.23%.
D.
				Analytical procedure for determining alcohol in blood should meet the following
				performance requirements:
(1) The accuracy
				and sensitivity of the procedure should be such as consistently to attain
				results within 10% of the known value over the range of 0.10% and greater, or
+
0.01% w/v of the known value for values less than
				0.10%, in the analysis of appropriate reference materials of known ethyl
				alcohol concentration for blood determinations.
(2) The accuracy and sensitivity of the
				procedure should be such as consistently to attain results within 15% of the
				known value over the range of 0.10% and greater, or
+
0.015% w/v of the known value for values less than 0.10%, in the analysis of
				appropriate reference materials of known ethyl alcohol concentration for breath
				determinations.
(3) The blank
				values yielded by the procedure in analyses of alcohol - free blood or breath
				specimen consistently should be not greater than 0.01%.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-5 - REPORTS OF LABORATORY ANALYSES

Current through 2024-29, July 17, 2024
A. The results of
				all analyses shall be recorded on a standard form as recommended or approved by
				the Department.
B. Two copies of
				the report are to be sent to the arresting officer, one copy to the appropriate
				District Attorney, one copy to the Department of Public Safety or its agent,
				one copy to the Secretary of State, and one copy to the Public Health
				Laboratory, Department of Human Services, State House, Augusta, Maine 04333.
				Copies provided to the Secretary of State and the District Attorney or his
				agent shall be certified as provided in 29 M.R.S.A. § 1312.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 267 - CERTIFICATION STANDARDS FOR PERSONS CONDUCTING CHEMICAL ANALYSES OF BLOOD AND BREATH FOR THE PURPOSE OF DETERMINING THE BLOOD ALCOHOL LEVEL › Section 144-267-6 - FAILURE TO COMPLY WITH THESE STANDARDS

Current through 2024-29, July 17, 2024
Failure to comply with the standards set forth in these rules
				  and regulations shall constitute grounds for refusing to certify any person as
				  an analyst or for revoking the certification of any person as an
				  analyst.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 269 - RULES GOVERNING SELF-CONTAINED BREATH ALCOHOL TESTING EQUIPMENT › Section 144-269-1 - EQUIPMENT

Current through 2024-29, July 17, 2024
A. Only those instruments approved by the
				U.S. Department of Transportation for the purpose of breath testing will be
				considered. Evidence of this approval must be submitted by the manufacturer. An
				approved wet bath simulator or dry gas standard must be provided for use with
				each instrument.
B. The accuracy
				and sensitivity of the equipment should be such as to obtain results within
				± 0.01 g/210L or 5%, whichever is greater of the known value in the
				analysis of appropriate reference materials of known ethyl alcohol
				concentrations.
C. Before approval
				each instrument must be tested by a chemist of the Health and Environmental
				Testing Laboratory (HETL). Approval will be given provided the instrument gives
				results accurate within the limits of the performance requirements of the
				Department mentioned in Paragraph B, and will be indicated by affixing to the
				instrument a label with the test date placed thereon, which will be valid for
				no more than seven months.
D. Each
				instrument will be retested by a chemist of the HETL at least once
				semi-annually. A new label of approval will be affixed to the instrument with
				the test date placed thereon.
E.
				Failure of an instrument to provide results accurate within the limits of the
				performance requirements of the Department (see Section
				1(B) above), when
				detected, will be investigated by a trained operator or a chemist of the HETL
				to determine the cause of that failure. If the results of that investigation
				establish that the instrument itself is out of calibration, or non-functional,
				that will be cause for immediate withdrawal of approval.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 269 - RULES GOVERNING SELF-CONTAINED BREATH ALCOHOL TESTING EQUIPMENT › Section 144-269-2 - PROCEDURES

Current through 2024-29, July 17, 2024
1. A calibration check must be run for each
				subject tested.
2. For each person
				tested, a complete breath-alcohol test must consist of 2 separate breath
				samples which result in determinations of breath-alcohol concentration which
				agree within ± 0.02g/210L.
3. If the first 2 breath sample results on
				the subject do not agree within ± 0.02g/210L, subsequent samples must be
				taken until 2 tests fall within the prescribed limits. If after 4 separate
				breath sample results are taken, no 2 breath sample results agree within the
				prescribed limits, the testing sequence shall be void and either a retest or an
				alternative procedure shall be required.
4. The two lowest results which agree within
				± 0.02 g/210L will be averaged, reporting only the first two decimal
				places of the average result as the final breath alcohol
				concentration.
5. The Health and
				Environmental Testing Laboratory will provide any alcohol wet bath solution or
				dry gas standard required by each agency for calibration check.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES › Section 144-270-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Definitions
As used in this chapter, unless otherwise indicated, the
				  following terms have the following meanings.
1.
Negative
or
none
				detected test result
means a test result that indicates:
a. Particular substance(s) was/were absent
				within the limitations of the test(s) performed; or
b. A substance of use is present in the
				tested sample in a concentration below the detection level.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES › Section 144-270-3 - Substances For Which Testing Is Permitted

Current through 2024-29, July 17, 2024
A. Testing
				is permitted for the substances and groups of substances set forth below. If a
				sample is submitted by a Drug Recognition Expert, the DRE must specify to the
				testing laboratory which substances are to be tested for in each specimen or
				group of specimens.
B. Laboratories
				conducting OUI testing shall have the ability to test for substances or groups
				of substances including central nervous system stimulants, central nervous
				system depressants, inhalants, narcotic-analgesics, hallucinogens, dissociate
				anesthetics
,
cannabinoids, and alcohol. If testing for a
				substance or group of substances is not available, arrangements for further
				testing may be made with an alternate ISO 17025-accredited Forensic Testing
				Laboratory.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES › Section 144-270-4 - Analytical Procedures

Current through 2024-29, July 17, 2024
A. Standard
				operating procedure Manual
The Department is authorized to perform chemical tests on
				  blood and urine (29-A MRS §
										2524(4) and will
				  comply with the following standard operating procedures when conducting testing
				  of persons suspected of operating under the influence of intoxicating liquor or
				  drugs to ensure results are reliable and legally defensible. Other laboratories
				  must operate consistently with certification or licensing requirements (29-A
				  MRS §
										2524(2) and also
				  comply with the following operating standards when conducting testing of
				  persons suspected of operating under the influence of intoxicating liquor or
				  drugs to ensure results are reliable and legally defensible:
1. The laboratory must have a procedure
				manual(s) that are complete, up-to-date, and available to all personnel who are
				performing tests.
2. The manual(s)
				must include detailed descriptions of procedures for sample receiving,
				chain-of-custody, analysis, quality assurance and quality control, review of
				data, and reporting.
3. The
				manual(s) must include administrative procedures, as well as analytical methods
				and must be reviewed, signed, and dated whenever it is first placed into use or
				changed.
4. The manual(s) must
				include the following:
a. Control and
				maintenance of documentation of case records and procedure manuals;
b. The laboratory's procedures for ensuring
				that measurements are traceable to appropriate standards, where
				available;
c. The type and extent
				of examinations conducted by the laboratory;
d. Validation of test procedures
				used;
e. Handling
				evidence;
f. The use of standards
				and controls in laboratory procedures;
g. Calibration and maintenance of
				equipment;
h. Practices for
				ensuring continued competence of examiners including interlaboratory
				comparisons, proficiency testing programs, and internal quality control schemes
				(e.g. technical review);
i.
				Corrective action taken whenever analytical discrepancies are
				detected;
j. Laboratory protocol
				permitting departures from documented policies and procedures; and
k. Audits and quality system review.
Required documentation applicable to new assays must be added
				  as each test is performed for the first time. The laboratory must maintain
				  outdated copies of the procedure manual(s) and provide a means for their
				  retrieval from archival storage.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES › Section 144-270-5 - Requirements For Testing Laboratories

Current through 2024-29, July 17, 2024
Laboratories conducting chemical tests for drugs other than
				  alcohol must comply with the following:
A. Laboratory Accreditation
Laboratories testing for substances of use under this rule
				  must be accredited as a Forensic Testing Laboratory to ISO 17025 standards by
				  an accrediting body, such as ANSI National Accreditation Board (ANAB).
B. Analyst Certification
1. Analysts testing for substances of use
				under this rule must be certified by the Department for such testing. Analysts
				seeking certification must demonstrate that they are under the control and
				supervision of an ISO 17025 accredited Forensic Testing Laboratory, as defined
				herein. Analyst certification is initially obtained by successful completion of
				a Health and Environmental Testing Laboratory Forensic Chemistry training
				program and the passing of a competency test, as described in the Forensic
				Chemistry Quality Manual. This certification is issued by the Department and
				signed by the Forensic Technical Laboratory Director and Associate Director of
				Laboratory Operations.
2. The term
				of the analyst certificate may not exceed six months for blood alcohol analysis
				and one year for toxicology drug analysis, from the date of issue. To maintain
				certification, the successful completion of a discipline-specific proficiency
				test must occur prior to the expiration date of the current certification. If
				these requirements are met, a new certification will be issued for the next
				term. Records of this certification will be maintained by the Forensic
				Technical Laboratory Director and the certified analyst.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 272 - COORDINATED CARE SERVICES FOR CHILDREN WITH SPECIAL HEALTH NEEDS › Chapter I - THE MAINE C.C.S./C.S.H.N. PROGRAM › Section 144-272-I-A - Statutory and Administrative Authority

Current through 2024-29, July 17, 2024
Coordinated Care Services for Children with Special Health
					 Needs Program (C.C.S./C.S.H.N.) was originally authorized under the Division of
					 Maternal and Child Health as Crippled Children's Services Program in August
					 1935 with the passage of the Social Security Act, Title V, ( P.L. 74-271 ).
					 This authorization has continued with the amendments to the act in 1960, 1981,
					 1986 and in 1989 through the Omnibus Reconciliation Act (OBRA), which assured
					 the continuance of a national focus to assist states in advancing the health of
					 mothers and children through the Maternal and Child Health Services Block
					 Grant. In Maine the C.C.S./C.S.H.N. Program is authorized under
					 
					 22 M.R.S.A.421 ) and 2000ff, and the Code of
					 Maine Rules 10-144 C MR, Chapter 272.
Federal administrative authority under the Maternal and
					 Child Health Programs rests with the Secretary of Health and Human Services.
					 State administrative authority rests with the Department of Human Services and
					 its authority to accept and administer funds available from State or Federal
					 sources for the provision of services set forth in these rules and established
					 by 22 M.R.S.A. .10,12, 1951 and 2001. The regulations themselves are issued
					 pursuant to authority granted to the Department of Human Services by
					 
					 22 M.R.S.A.421 ) and
					 2001.
					 Coordinated Care Services For Children With Special Health Needs resides within
					 the Division of Maternal and Child Health, Bureau of Health.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 272 - COORDINATED CARE SERVICES FOR CHILDREN WITH SPECIAL HEALTH NEEDS › Chapter I - THE MAINE C.C.S./C.S.H.N. PROGRAM › Section 144-272-I-B - Mission

Current through 2024-29, July 17, 2024
The mission of Coordinated Care Services For Children With
					 Special Health Needs is to improve the health and well-being of children with
					 special health needs; to recognize parents as partners with professionals in
					 the decision-making regarding their child's individual health needs; and to
					 develop community-based systems of care for children that afford them the best
					 possible opportunity to grow and develop into adulthood.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 272 - COORDINATED CARE SERVICES FOR CHILDREN WITH SPECIAL HEALTH NEEDS › Chapter I - THE MAINE C.C.S./C.S.H.N. PROGRAM › Section 144-272-I-C - Purpose of the Program

Current through 2024-29, July 17, 2024
The purpose of the C.C.S./C.S.H.N. Program is to enhance
					 the provision of and access to comprehensive, family-centered, culturally
					 competent, quality health service for these children with special health needs,
					 such as those with congenital or acquired chronic disease, condition and/or
					 physical disability; to assist in the access of rehabilitation services for
					 children who are blind and disabled under the age of sixteen receiving
					 Supplemental Social Security Income (SSI) benefits; to play a leadership role
					 in fostering/strengthening communication and treatment linkage between the
					 pediatric specialist or subspecialist and the primary health care physician; to
					 offer long-term management which emphasizes efficiency and effectiveness and,
					 to maximize the utilization of community resources so that care can be
					 provided, to the extent possible, within the child's own
					 community.