Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 118 - OFFICE OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (SAMHS) › Chapter 2 - DRIVER EDUCATION AND EVALUATION PROGRAMS PROCEDURE MANUAL › Section 118-2-A - DEFINITIONS

Current through 2024-29, July 17, 2024
Abuse:
Use of alcohol or other drugs that may
				  result in harm to oneself or another. As a diagnosis, substance abuse refers to
				  meeting the criteria for a DSM IV Substance Abuse diagnosis.
Aftercare:
A plan or service that provides
				  continued contact to support and increase the gains made in earlier
				  treatment.
Alcohol-related or Other Drug-related Motor Vehicle
				  Incident:
A conviction or administrative action resulting in the
				  suspension of a motor vehicle operator's license for a violation under former
				  Title 29, section 1311-A; section 1312-B; section 1312, subsection 10-A;
				  section 1312-C; section 2241-G, subsection 2, paragraph B, subparagraph (2);
				  section 2241-J; section 1313-B; or section 2241- subsection 1, paragraph N; and
				  under Title 29-A section 1253; section 2411; section 2453; section 2454,
				  subsection 2; section 2456; section 2457; section 2472 subsection 3, paragraph
				  B and subsection 4; or Title 29-A, section 2503; sections 2521 to 2523 or
				  section 2525 or the rules adopted by the Department of the Secretary of State
				  for the suspension of commercial drivers' licenses.
Applicant:
Any individual, partnership,
				  corporation, association or organization who has submitted a written
				  application to be approved, certified, as a DEEP provider of evaluation and/or
				  treatment services.
Approved Private Provider or Program:
A Private
				  Provider approved by the Office or Program approved by the Department of Health
				  and Human Services to provide clinical substance abuse evaluations and/or
				  treatment services to DEEP clients.
ASAM Placement Criteria:
The American Society of
				  Addiction Medicine Patient Placement Criteria, Second Edition - Revised April
				  2001 (ASAM PPC-2R): comprehensive national guidelines for placement, continued
				  stay, and discharge of patients with alcohol and other drug problems.
Case Record:
A unified, comprehensive collection
				  of information concerning a client receiving substance abuse services.
Certificate of Approval:
A Certificate issued by
				  the Office to a DEEP Private Provider that indicates satisfactory compliance
				  with applicable regulations.
Client:
A person who is required to complete one
				  of the Driver Education and Evaluation Programs for an alcohol or other
				  drug-related motor vehicle incident and has completed program
				  registration.
Clinical Hour:
Sixty minutes consisting of a
				  fifty-minute session during which the client receives evaluation services or
				  treatment services for the purpose of attaining treatment goal(s) and ten
				  minutes for administrative responsibilities. Activities and/or interaction for
				  the purpose of attaining treatment goal(s) counted as a session or for which
				  the clinician receives compensation shall be accomplished in the presence of
				  the client.
Clinical Staff:
State licensed or
				  certifiedpersonnel who are directly involved in client care and
				  treatment.
Clinical Substance Abuse Evaluation:
The results
				  of a two to four clinical hour process conducted by an approved community-based
				  Program or Private Provider to provide clinical information upon which the
				  Office will determine the condition of a client in relation to his or her need
				  for alcohol or other drug treatment, also referred to as evaluation. The
				  clinical substance abuse evaluation is intended to determine (1) whether
				  evidence of a substance abuse problem exists, (2) by the use of various tests
				  and interview techniques whether an individual is a risk to recidivate, and (3)
				  whether to refer a client who has displayed evidence of abuse or a risk to
				  recidivate to an approved Community-based Service Provider for
				  treatment.
Community-based Service Provider:
A Private
				  Provider or Program that provides the treatment component or the evaluation
				  component, or both, of the Driver Education and Evaluation Programs approved,
				  certified or licensed under
				   5 MRSA
				  sections20005,
				  20073-B,
				  and/or 20075.
The term Community-based Service Provider is used within
				  these rules to mean all Community-based Service Providers, Programs and Private
				  Providers as defined under these regulations.
Completion of Treatment Guidelines:
The
				  guidelines adopted by the Office that recommend the modality and length of
				  treatment based upon the phase of alcohol or other drug abuse experienced by
				  the client.
Compliance:
In accordance with the intent of the
				  regulation.
Concerned Person:
A family member, relative or
				  other person with a close personal relationship to the client whom the
				  Community-based Service Provider approves, also known as "significant
				  other."
Conditional Certificate:
The certificate issued
				  when an applicant's failure to meet the requirements of these regulations may
				  jeopardize the health or safety of clients. This Certificate shall be issued
				  for a specific period, not to exceed one year, or the remaining period of the
				  previous Certificate. The Certificate shall specify what and when corrections
				  must be made in order to continue to operate.
Contact Hour:
Fifty-minute session for the
				  purpose of providing individual and/or group services designed to support and
				  increase gains made in earlier treatment. Contact hours for the purpose of
				  receiving aftercare shall be accomplished in the presence of the client.
Counseling:
The interaction between a skilled
				  counselor and a client for the purpose of facilitating the client's better
				  understanding of self and environment. Counseling results in the establishment
				  and clarification of goals for future behavior, and is based upon an objective,
				  individualized treatment plan derived from an assessment of the treatment needs
				  of the client.
DEEP:
The Driver Education and Evaluation
				  Programs.
Director:
The Director of the Office of
				  Substance Abuse or her/his designee.
Documentation:
A written record acceptable as
				  evidence to substantiate compliance with these regulations.
Diagnostic and Statistical Manual of Mental
				  Disorders:
A manual used by the treatment community to diagnose
				  substance-related disorders/mental disorders, also referred to as the DSM and
				  DSM IV.
Driver Education and Evaluation Programs:
The
				  programs for first and multiple offenders under 21 years of age at the time of
				  the incident who have not attained 21 years of age at the time they register
				  for a program, first and multiple offenders under 21 years of age at the time
				  of the incident who have attained 21 years of age at the time they register for
				  a program, first offender adults, multiple offender adults, out-of-state, and
				  military clients are as follows:
a.
				First and multiple offenders under 21 years of age at the time of the incident
				who have not attained 21 years of age at the time they register for a program
				are required to complete the program as described in Section C known as the
				Under 21 Program.
b. First and
				multiple offenders under 21 years of age on the date of the incident who have
				attained 21 years of age at the time they register for a program, first
				offender adults, and multiple offender adults are required to complete the
				program as described in Section D known as the Risk Reduction Program. First
				offenders are those as defined in 5 MRSA Section20071, sub-§ 4-A. Multiple
				offenders are those as defined in 5 MRSA Section20071, sub-§ 5.
c. Out-of-state clients are required to
				complete a program or treatment as described in Section J. An out-of-state
				client is a first or multiple offender as defined within these regulations who
				has one or more State of Maine alcohol or other drug-related motor vehicle
				incidents and participates in a program within their state of residence to
				satisfy DEEP requirements.
d.
				Military clients are required to complete a program or treatment as described
				in Section K. A military client is a first or multiple offender as defined
				within these regulations who has one or more alcohol or other drug-related
				motor vehicle incidents, is a full time member of the active military, and
				participates in a program provided by the military to satisfy DEEP
				requirements.
Driver Education and Evaluation Programs Appeals
				  Board:
The three member board established by 5 MRSA12004-G, Sub-15-A,
				  described in 5 MRSA20078-A, and empowered to hear and decide appeals, also
				  referred to as Board of Appeals, or Board.
Driver Education and Evaluation Programs Office:
The unit within the Office of Substance Abuse that has the responsibility for
				  administering and providing the Driver Education and Evaluation
				  Programs.
Driver Education and Evaluation Programs Private
				  Provider:
An individual approved as a Driver Education and Evaluation
				  Programs referral source after certification by the Office following
				  determination of compliance with current regulation, also referred to as a
				  Private Provider.
Evaluator:
An approved Community-based Service
				  Provider conducting clinical substance abuse evaluations in accordance with
				  these regulations.
Federal Confidentiality Regulations:
Rules and
				  regulations regarding confidentiality of an alcohol and drug abuse patient
				  record, 42 Code of Federal Regulations Part 2.
Fee Schedule:
A list of charges for
				  services.
First Offender:
A client who has no previous
				  alcohol-related or other drug-related motor vehicle incident within a ten (10)
				  year period.
First Offender Adult:
A person who has attained
				  21 years of age on the date of the incident for which the person is registering
				  for the Driver Education and Evaluation Programs and who has no previous
				  alcohol or other drug-related motor vehicle incident within a ten (10) year
				  period.
Intensive Outpatient
: A Program that consists of
				  a structured sequence of multi-hour clinical and educational sessions,
				  scheduled for three or more days per week with a minimum of nine hours per
				  week.
May:
Verb used to reflect an acceptable method
				  that is recognized, but not necessarily preferred or mandatory.
Moving Ahead Program
: The ten (10) hour program
				  for first and multiple offenders under 21 years of age at the time of the
				  incident who have not attained 21 years of age at the time they register for a
				  program that consist of an educational component, preliminary assessment, and
				  referral for evaluation, and, if necessary, treatment. As of July 1, 2005 the
				  Moving Ahead Program was replaced by Under 21 Program.
Multiple Offender:
A client who has more than
				  one alcohol-related or other drug-related motor vehicle incident within a ten
				  (10) year period or has a previous alcohol or other drug-relatedincident prior
				  to the 10-year period for which the client has not completed a Driver Education
				  and Evaluation Program as established in 5 MRSA section20072.
Negative Finding:
The result of a clinical
				  substance abuse evaluation that determines that a client does not have an
				  alcohol or other drug problem requiring treatment.
Office:
The Office of Substance Abuse.
Office of Substance Abuse:
That unit within the
				  Department of Health and Human Servicesthat has administrative responsibility
				  for the Driver Education and Evaluation Programs unit, also referred to as
				  OSA.
OSA:
The Office of Substance Abuse.
Outpatient Care:
A component that provides
				  nonresidential diagnostic and treatment services.
Peer Supervision Group:
A peer supervision group
				  consists of a group of three or more clinicians who are licensed and qualified
				  under the criteria set forth under Section B.3. meeting for the purpose of
				  providing one another with clinical supervision.
Policy:
A statement of the principles that guide
				  and govern the activities, procedures and operations of a Program or Private
				  Provider.
Positive Finding:
The result of a clinical
				  substance abuse evaluation that determines that a client has an alcohol and/or
				  other drug problem requiring treatment.
Positive Finding - In Remission:
The results of
				  a clinical substance abuse evaluation that determines that the client has an
				  alcohol or other drug problem for which he/she has received treatment
				  sufficient to comply with the completion of treatment as defined in Section A,
				  Satisfactory Completion of Treatment.
Preliminary Assessment:
The standardized
				  assessment administered during the Driver Education and Evaluation Programs for
				  the purpose of identifying a potential alcohol and/or other drug problem that
				  warrants further evaluation and/or treatment.
Previous Alcohol or Other Drug-Related Motor Vehicle
				  Incident for those with an OUI offense:
One (1) or more alcohol or other
				  drug related motor vehicle offenses as listed in Section A under
				  alcohol-related or other drug-related motor vehicle incident that has occurred
				  within ten (10) years. The ten (10) year period will be:
a. A violation within ten (10) years from the
				date of a previous conviction, or
b. A violation within ten (10) years from the
				date of a previous suspension for which the person is being or has been
				suspended.
Private Provider:
A Community-based Service
				  Provider operating a private practice who is applying to be, or has been
				  approved by the Office under 5 MRSA sections20005, 20073-B and/or 20075 to
				  provide the treatment component or the evaluation component, or both of the
				  Driver Education and Evaluation Programs.
The term Private Provider is used within these rules to mean
				  only that individual defined above who operates a private practice.
Program:
A Community-based Service Provider
				  certified and/or licensed by the Department of Health and Human Services
				  consisting of a combination of Governing Authority/Management and one or more
				  other components conducted in a residential or nonresidential setting. A
				  Program is a general term for an organized system of service designed to
				  address the evaluation and/or treatment needs of clients.
Program Administrator
- An individual
				  responsible for administration of the Under 21 and/or the Risk Reduction
				  Program through supervision of instructors and ensuring that the programs
				  function as required in accordance with course outlines using the curriculum
				  materials as specified by the Office. The Program Administrator must have five
				  (5) years of experience as an educator, supervisor and/or trainer in the
				  substance abuse treatment and/or prevention field. Preference may be given to a
				  Maine licensed alcohol and drug counselor (LADC).
Program Instructor
: An individual responsible
				  for instructing the Under 21 and/or Risk Reduction Program. The Program
				  Instructor must have two (2) years of experience as a trainer and educator in
				  the substance abuse treatment and/or prevention field.
Provisional Certificate:
A Certificate issued
				  when an applicant is not eligible for a full Certificate, but the health and
				  well-being of clients are not jeopardized.
Residential Rehabilitation:
A Program that
				  provides substance abuse treatment services in a full (24 hour) residential
				  inpatient setting.
Risk Reduction Program:
The twenty (20) hour
				  program for first offender adults, first and multiple offenders under 21 years
				  of age on the date of the incident who have attained 21 years of age at the
				  time they register for a program, and multiple offender adults that consist of
				  an educational component, preliminary assessment, and referral for evaluation,
				  and, if necessary, treatment.
Satisfactory Completion of the Clinical Substance Abuse
				  Evaluation:
Timely attendance at all required sessions and compliance
				  with all reasonable requirements that are an ordinary part of the clinical
				  substance abuse evaluation.
Satisfactory Completion of the Completion of Treatment
				  Other Than the Driver Education and Evaluation Program:
The individual
				  has satisfied the requirement for completion of treatment as defined in 5 MRSA
				  section20071 by means other than a program pursuant to 5 MRSA
				  section20073-B.
Satisfactory Completion of the Driver Education and
				  Evaluation Program for first offender adults, first and multiple offenders
				  under 21 years of age on the date of the incident who have attained 21 years of
				  age at the time they register for a program, and multiple offender
				  adults:
Timely attendance at all scheduled sessions and full compliance
				  with any clinical substance abuse evaluation and/or treatment requirements
				  imposed as the result of the preliminary assessment and/or the clinical
				  substance abuse evaluation of the Risk Reduction Program.
Satisfactory Completion of the Driver Education and
				  Evaluation Program for first and multiple offenders under 21 years of age at
				  the time of the incident who have not attained 21 years of age at the time they
				  register for a program:
Timely attendance at all scheduled sessions and
				  full compliance with any clinical substance abuse evaluation and/or treatment
				  requirements imposed as the result of the preliminary assessment and/or the
				  clinical substance abuse evaluation of the Under 21 Program or the former
				  Moving Ahead Program.
Satisfactory Completion of the Military Program
:
				  Completion of all education, evaluation and/or treatment as required by the
				  military and Driver Education and Evaluation Programs.
Satisfactory Completion of the Out-of-State
				  Program
: Completion of all education, evaluation and/or treatment as
				  required by the state of residency and Driver Education and Evaluation
				  Programs
Satisfactory Completion of Treatment:
Completion
				  of treatment, for the purpose of recommendation by the Office to the Secretary
				  of State concerning restoration of the driver's license to the client means,
				  that the individual has responded to treatment to the extent that there is a
				  substantial probability that the individual will not be operating under the
				  influence. This substantial probability may be shown by:
a. An acknowledgment by the client of the
				extent of the client's alcohol or other drug problem; and
b. A demonstrated ability to abstain from the
				use of alcohol and other drugs; and
c. A willingness to seek continued voluntary
				treatment or to participate in an appropriate self-help program, or both, as
				necessary.
Second Opinion Evaluation:
A clinical substance
				  abuse evaluation that is required by 5 MRSA §20078-A, sub-§ 6-
				  ¶B when the client attends a DEEP program and contests the clinical
				  substance abuse evaluation or completion of treatment decision. Subject to the
				  provisions of Section H, the second opinion evaluation is to determine if the
				  individual has an alcohol or other drug problem that requires treatment, or if
				  the client has, as a result of receiving treatment, met the criteria for
				  completion of treatment.
Shall:
Verb used to indicate a mandatory
				  procedure, the only acceptable method under these regulations.
Should:
Verb used to reflect the preferable
				  procedure, yet allowing for the use of effective alternatives.
Significant Other:
A family member, relative or
				  other person with a close personal relationship to the client whom the
				  Community-based Service Provider approves, also known as "concerned
				  person."
Site:
Physical location of a substance abuse
				  Program or Private Provider.
State Dependent Learning:
An experience during
				  which what is learned in a chemically-altered state is most easily accessible
				  and most intense when the person is back in that same chemically-altered
				  state.
Status Update Evaluation:
A clinical substance
				  abuse evaluation to determine if the client has met the criteria for
				  Satisfactory Completion of Treatment.
Substance Abuse:
The use of alcohol or other
				  drugs, licit or illicit, which results in an individual's physical, emotional,
				  mental, or social impairment.
Tolerance:
The need for greatly increased
				  amounts of a substance to achieve intoxication (or the desired effect) or a
				  markedly diminished effect with continued use of the same amount of substance.
				  (DSM IV)
Training:
Special schools, workshops and other
				  opportunities for Program staff and Private Providers intended to:
a. Improve administration of Programs and
				services;
b. Develop skills in
				treating substance abusers and their families;
c. Increase knowledge of drug abuse, alcohol
				abuse and alcoholism.
d. Provide
				information on the Driver Education and Evaluation Programs' regulations,
				policy, procedures, and process.
Treatment:
The broad range of planned and
				  continuing services, counseling, medical, psychiatric, psychological and social
				  service care that may be extended to the client and influences the behavior of
				  such individuals toward identified goals and objectives.
Treatment Plan:
A written plan, based on the
				  clinical substance abuse assessment data that identifies the client's clinical
				  needs, the strategy for providing services to meet those needs, treatment goals
				  and objectives, and the criteria for terminating specific interventions. The
				  treatment plan shall include specification and description of the indicators to
				  be used to assess the individual's progress.
Under 21 Program:
The sixteen (16) hour program
				  for first and multiple offenders under 21 years of age at the time of the
				  incident who have not attained 21 years of age at the time they register for a
				  program. The Under 21 Program consists of education and preliminary assessment
				  and may result in a referral for evaluation, and, if necessary
				  treatment.
Update:
A dated and signed review of a report,
				  plan or program on a planned schedule, with or without revision.