An Act To Implement the Recommendations of the Task Force To Address the Opioid Crisis in the State Regarding Respectful Language
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, treating a person with substance use disorder with respect, including in the language that is used in referring to the person, to the system of delivering services and to the services, offices and personnel of the Department of Health and Human Services, is important to the dignity of the person and to reducing stigma associated with having a disease and should be accomplished at the earliest possible time; and
Whereas, this Act replaces statutory references to "substance abuse" with "substance use disorder" consistent with respectful language recommended by the Task Force to Address the Opioid Crisis in the State; and
Whereas, this Act directs the Department of Health and Human Services to rename its office of substance abuse and mental health services and to change references to "substance abuse" in its rules, forms, policies and publications consistent with respectful language recommended by the Task Force to Address the Opioid Crisis in the State; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
PART A
Sec. A-1. 1 MRSA §125, as enacted by PL 1985, c. 737, Pt. A, §2, is amended to read:
§ 125. Alcohol Awareness Week
The Governor shall annually issue a proclamation setting aside the first full week in December of each year as Alcohol Awareness Week. The proclamation shall invite and urge citizens, alcoholism service agencies, schools and other suitable organizations and groups to observe this week through appropriate activities. The Alcohol and Drug Abuse Planning Committee shall, through the departments represented on the committee, make appropriate information available to citizens, organizations and groups within the limits of their budgets.
Sec. A-2. 4 MRSA §421, as amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
§ 421. Establishment
Sec. A-3. 4 MRSA §422, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §2, is further amended to read:
Sec. A-4. 4 MRSA §423, as amended by PL 2013, c. 159, §8, is further amended to read:
§ 423. Reports
The Judicial Department shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by February 15th annually on the establishment and operation of alcohol and drug substance abuse disorder treatment programs in the courts. The report must cover at least the following:
Sec. A-5. 5 MRSA §1591, sub-§2, ¶J, as enacted by PL 2017, c. 284, Pt. GGGGGG, §2, is amended to read:
Sec. A-6. 5 MRSA §1642, sub-§6, as amended by PL 2011, c. 542, Pt. A, §2, is further amended to read:
Sec. A-7. 5 MRSA §12004-G, sub-§13-C, as enacted by PL 1993, c. 410, Pt. LL, §2, is amended to read:
| Executive/Drug Prevention and Treatment | Substance Abuse Use Disorder Services Commission | Expenses Only | 5 MRSA §20065 |
Sec. A-8. 5 MRSA §12004-G, sub-§15-A, as reenacted by PL 1993, c. 631, §1, is amended to read:
| Substance Abuse Use Disorder | Driver Education and Evaluation Programs Appeals Board | $75/Day | 5 MRSA §20078-A |
Sec. A-9. 5 MRSA §19202, sub-§2-B, ¶A, as amended by PL 2011, c. 657, Pt. AA, §4, is further amended to read:
(1) Two members of the Legislature, one Senator nominated by the President of the Senate and one Representative nominated by the Speaker of the House of Representatives;
(2) The director of the HIV, STD and viral hepatitis program within the Department of Health and Human Services, Maine Center for Disease Control and Prevention;
(3) A representative of the Department of Education, nominated by the Commissioner of Education;
(4) A representative of the Department of Corrections, nominated by the Commissioner of Corrections;
(5) A representative of the organizational unit of the Department of Health and Human Services that provides programs and services for substance abuse use disorder prevention and treatment, nominated by the Commissioner of Health and Human Services; and
(6) A representative of the Department of Health and Human Services, Office of MaineCare Services, nominated by the Commissioner of Health and Human Services.
Sec. A-10. 5 MRSA §20001, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:
§ 20001. Title
This chapter may be known and cited as the "Maine Substance Abuse Use Disorder Prevention and Treatment Act."
Sec. A-11. 5 MRSA §20002, sub-§1, as amended by PL 2007, c. 116, §1, is further amended to read:
Sec. A-12. 5 MRSA §20002, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §5, is further amended to read:
Sec. A-13. 5 MRSA §20003, sub-§3-A, as enacted by PL 1993, c. 410, Pt. LL, §4, is amended to read:
Sec. A-14. 5 MRSA §20003, sub-§4, as amended by PL 2007, c. 116, §2, is further amended to read:
Sec. A-15. 5 MRSA §20003, sub-§9, as enacted by PL 1989, c. 934, Pt. A, §3, is repealed.
Sec. A-16. 5 MRSA §20003, sub-§10, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:
Sec. A-17. 5 MRSA §20003, sub-§11, as enacted by PL 1989, c. 934, Pt. A, §3, is repealed.
Sec. A-18. 5 MRSA §20003, sub-§17-A is enacted to read:
Sec. A-19. 5 MRSA §20003, sub-§18, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:
Sec. A-20. 5 MRSA §20003, sub-§21, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:
Sec. A-21. 5 MRSA §20003, sub-§21-A is enacted to read:
Sec. A-22. 5 MRSA §20003, sub-§22, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:
Sec. A-23. 5 MRSA §20005, as amended by PL 2011, c. 657, Pt. AA, §§16 to 22, is further amended to read:
§ 20005. Powers and duties
The department shall:
Notwithstanding any other provision of law, funding appropriated and allocated by the Legislature for the department for substance abuse use disorder prevention and treatment is restricted solely to that use and may not be used for other expenses of the department. By January 15th of each year, the commissioner or the commissioner's designee shall deliver a report of the budget and expenditures of the department for substance abuse use disorder prevention and treatment to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and human resource matters;
The commissioner may delegate contract and licensing duties under this subsection to the Department of Corrections as long as that delegation ensures that contracting for alcohol and other drug abuse substance use disorder services provided in community settings is consolidated within the department, that contracting for alcohol and other drug abuse substance use disorder services delivered within correctional facilities is consolidated within the Department of Corrections and that contracting for alcohol and other drug abuse substance use disorder services delivered within mental health facilities or as a component of programs serving persons with intellectual disabilities or autism is consolidated within the department.
The commissioner may not delegate contract and licensing duties if that delegation results in increased administrative costs.
The commissioner may not issue requests for proposals for existing contract services until the commissioner has adopted rules in accordance with the Maine Administrative Procedure Act to ensure that the reasons for which existing services are placed out for bid and the performance standards and manner in which compliance is evaluated are specified and that any change in provider is accomplished in a manner that fully protects the consumer of services.
The commissioner shall establish a procedure to obtain assistance and advice from consumers of alcohol and other drug abuse substance use disorder services regarding the selection of contractors when requests for proposals are issued;
(1) The provider has breached the existing contract;
(2) The provider has failed to correct deficiencies cited by the department;
(3) The provider is inefficient or ineffective in the delivery of services and is unable to improve its performance within a reasonable time; or
(4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department;
All state agencies must comply with rules adopted by the department regarding uniform alcohol and other drug abuse use contracting requirements, formats, schedules, data collection and reporting requirements;
Sec. A-24. 5 MRSA §20005-A, first ¶, as amended by PL 2007, c. 116, §5, is further amended to read:
In addition to other applicable requirements and unless precluded by other restrictions on the use of funds, the commissioner shall manage all funds available for the provision of alcohol or other drug abuse substance use disorder services, as well as all funds available for the provision of gambling addiction counseling services, in accordance with the provisions of this section.
Sec. A-25. 5 MRSA §20005-A, sub-§2, as amended by PL 1995, c. 560, Pt. L, §6 and affected by §16, is further amended to read:
Sec. A-26. 5 MRSA §20006-A, sub-§1, as enacted by PL 1995, c. 560, Pt. L, §8 and affected by §16, is amended to read:
Sec. A-27. 5 MRSA §20006-A, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §23, is further amended to read:
Sec. A-28. 5 MRSA §20007, as amended by PL 2011, c. 657, Pt. AA, §25, is further amended to read:
§ 20007. Agency cooperation
State agencies shall cooperate fully with the department in carrying out this chapter. A state agency may not develop, establish, conduct or administer any alcohol or drug abuse substance use disorder prevention or treatment program without the approval of the department. The department may request personnel, facilities and data from other agencies as the commissioner finds necessary to fulfill the purposes of this Act.
Sec. A-29. 5 MRSA §20008, as amended by PL 2011, c. 657, Pt. AA, §§26 to 28, is further amended to read:
§ 20008. Comprehensive program on substance use disorder
The department shall establish and provide for the implementation of a comprehensive and coordinated program of alcohol and drug abuse substance use disorder prevention and treatment in accordance with subchapters 2 and 3 and the purposes of this Act. The program must include the following elements.
Sec. A-30. 5 MRSA §20009, as amended by PL 2011, c. 657, Pt. AA, §29, is further amended to read:
§ 20009. Planning
The department shall plan alcohol and drug abuse substance use disorder prevention and treatment activities in the State and prepare and submit to the Legislature the following documents:
Sec. A-31. 5 MRSA §20021, as amended by PL 2011, c. 657, Pt. AA, §30, is further amended to read:
§ 20021. Public awareness
The department shall create and maintain a program to increase public awareness of the impacts and prevalence of alcohol and drug abuse substance use disorder. The public awareness program must include promotional and technical assistance to local governments, schools and public and private nonprofit organizations interested in alcohol and drug abuse substance use disorder prevention.
Sec. A-32. 5 MRSA §20022, as amended by PL 2011, c. 657, Pt. AA, §31, is further amended to read:
§ 20022. Information dissemination
As part of its comprehensive prevention and treatment program, the department shall operate an information clearinghouse and oversee, support and coordinate a resource center within the Department of Education. The information clearinghouse and resource center constitute a comprehensive reference center of information related to the nature, prevention and treatment of alcohol and other drug abuse substance use disorder. In fulfillment of the requirement of this section, the resource center may be located within the Department of Education and may operate there pursuant to a memorandum of agreement between the departments. Information must be available for use by the general public, political subdivisions, public and private nonprofit agencies and the State.
Functions of the information clearinghouse and resource center may include, but are not limited to:
Sec. A-33. 5 MRSA §20023, first ¶, as amended by PL 2011, c. 657, Pt. AA, §32, is further amended to read:
To the fullest extent possible, the Commissioner of Education shall coordinate all elementary and secondary school alcohol and drug abuse substance use disorder education programs administered by the Department of Education and funded under the federal Drug-Free Schools and Communities Act of 1986 with programs administered by the Department of Health and Human Services. The Commissioner of Education shall participate in planning, budgeting and evaluation of alcohol and other drug abuse substance use disorder programs, in cooperation with the Substance Abuse Use Disorder Advisory Group, and ensure that alcohol and drug abuse substance use disorder education programs administered by the Department of Education that involve any community participation are coordinated with available treatment services.
Sec. A-34. 5 MRSA §20041, as amended by PL 2011, c. 657, Pt. AA, §34, is further amended to read:
§ 20041. Evaluation
Sec. A-35. 5 MRSA §20043, as amended by PL 2011, c. 657, Pt. AA, §§36 to 38, is further amended to read:
§ 20043. Acceptance for treatment of alcoholics, drug users, persons with substance use disorder and drug-dependent persons
The department shall adopt rules for acceptance of persons into a treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, drug abusers users, drug addicts persons with substance use disorder and drug-dependent persons.
In establishing rules, the department must be guided by the following standards.
Sec. A-36. 5 MRSA §20044, as amended by PL 2011, c. 657, Pt. AA, §39, is further amended to read:
§ 20044. Voluntary treatment of alcoholics, drug users, persons with substance use disorder and drug-dependent persons
Sec. A-37. 5 MRSA §20047, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §40, is further amended to read:
Sec. A-38. 5 MRSA §20065, sub-§1, as amended by PL 1999, c. 401, Pt. FFF, §1, is further amended to read:
Sec. A-39. 5 MRSA §20065, sub-§2, as enacted by PL 1993, c. 410, Pt. LL, §12, is amended to read:
Sec. A-40. 5 MRSA §20065, sub-§3, as amended by PL 2001, c. 303, §1, is further amended to read:
(1) Drug abuse Substance use disorder prevention;
(2) Drug abuse Substance use disorder treatment;
(3) Education;
(4) Employers; and
(5) Persons affected by or recovering from alcoholism , chronic intoxication, drug abuse or drug dependency or substance use disorder, evidenced by a minimum of 3 years of sobriety or abstention from drug abuse or alcohol use.
Sec. A-41. 5 MRSA §20067, as amended by PL 2011, c. 657, Pt. AA, §§44 to 46, is further amended to read:
§ 20067. Duties of the commission
The commission, in cooperation with the department, has the following duties.
Sec. A-42. 5 MRSA §20074, as amended by PL 2011, c. 657, Pt. AA, §49, is further amended to read:
§ 20074. Separation of evaluation and treatment functions
A Driver Education and Evaluation Programs private practitioner or a counselor employed by a substance abuse use disorder treatment facility approved or licensed by the department providing services under this subchapter may not provide both treatment services and evaluation services for the same individual participating in programs under this subchapter unless a waiver is granted on a case-by-case basis by the Driver Education and Evaluation Programs. The practitioner or counselor providing evaluation services shall give a client the name of 3 practitioners or counselors who can provide treatment services, at least one of whom may is not be employed by the same agency as the practitioner or counselor conducting the evaluation.
Sec. A-43. 5 MRSA §20078-A, sub-§1, as enacted by PL 1993, c. 631, §7, is amended to read:
Sec. A-44. 8 MRSA §1001, sub-§§11 and 12, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, are amended to read:
Sec. A-45. 8 MRSA §1003, sub-§3, ¶I, as amended by PL 2013, c. 212, §10, is further amended to read:
(1) Define the standards for exclusion and removal and include standards regarding persons who are career or professional offenders, as defined by rules of the board, whose presence in a slot machine facility or casino would, in the opinion of the board, be inimical to the interest of the State; and
(2) Provide that, before making a payout of winnings in an amount equal to or greater than the amount for which the licensee is required to file a Form W-2G or substantially equivalent form with the United States Internal Revenue Service, the licensee, after any interception of winnings required by law to pay child support debt or other obligations, shall intercept money or anything of value that an excluded person is seeking to redeem as a result of wagers made by the person after that person has been excluded. The rules must offer the excluded person the right to an administrative hearing with reasonable notice to contest the interception of winnings. Winnings intercepted must be remitted by the licensee to the board or its designee for deposit in an Other Special Revenue Funds account within the office of substance abuse use disorder within the Department of Health and Human Services to address gambling addiction;
Sec. A-46. 8 MRSA §1016, sub-§2, ¶E, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
Sec. A-47. 10 MRSA §8003-B, sub-§2-A, as amended by PL 2009, c. 465, §2, is further amended to read:
(1) Unless the release provides for more limited disclosure, execution of the release may result in the record becoming a public record; or
(2) If the client or patient wishes, execution of the release allows disclosure to only the person or persons clearly identified in the release. The release must require the person or persons identified in the release not to make a disclosure to another person;
A release executed by a client or patient does not operate to disclose a record otherwise made confidential by law.
This subsection does not prevent disclosure of records pursuant to an order of a court of competent jurisdiction upon good cause shown.
Sec. A-48. 15 MRSA §1026, sub-§3, ¶A, as amended by PL 2015, c. 436, §4, is further amended to read:
(1) Remain in the custody of a designated person or organization agreeing to supervise the defendant, including a public official, public agency or publicly funded organization, if the designated person or organization is able to reasonably ensure the appearance of the defendant at the time and place required, that the defendant will refrain from any new criminal conduct, the integrity of the judicial process and the safety of others in the community. When it is feasible to do so, the judicial officer shall impose the responsibility upon the defendant to produce the designated person or organization. The judicial officer may interview the designated person or organization to ensure satisfaction of both the willingness and ability required. The designated person or organization shall agree to notify immediately the judicial officer of any violation of release by the defendant;
(2) Maintain employment or, if unemployed, actively seek employment;
(3) Maintain or commence an educational program;
(4) Abide by specified restrictions on personal associations, place of abode or travel;
(5) Avoid all contact with a victim of the alleged crime, a potential witness regarding the alleged crime or with any other family or household members of the victim or the defendant or to contact those individuals only at certain times or under certain conditions;
(6) Report on a regular basis to a designated law enforcement agency or other governmental agency;
(7) Comply with a specified curfew;
(8) Refrain from possessing a firearm or other dangerous weapon;
(9) Refrain from the possession, use or excessive use of alcohol and from any use of illegal drugs. A condition under this subparagraph may be imposed only upon the presentation to the judicial officer of specific facts demonstrating the need for such condition;
(9-A) Submit to:
(a) A random search for possession or use prohibited by a condition imposed under subparagraph (8) or (9); or
(b) A search upon articulable suspicion for possession or use prohibited by a condition imposed under subparagraph (8) or (9);
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter and remain, as a voluntary patient, in a specified institution when required for that purpose;
(10-A) Enter and remain in a long-term residential facility for the treatment of substance abuse use disorder;
(11) Execute an agreement to forfeit, in the event of noncompliance, such designated property, including money, as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community and post with an appropriate court such evidence of ownership of the property or such percentage of the money as the judicial officer specifies;
(12) Execute a bail bond with sureties in such amount as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community;
(13) Return to custody for specified hours following release for employment, schooling or other limited purposes;
(14) Report on a regular basis to the defendant's attorney;
(15) Notify the court of any changes of address or employment;
(16) Provide to the court the name, address and telephone number of a designated person or organization that will know the defendant's whereabouts at all times;
(17) Inform any law enforcement officer of the defendant's condition of release if the defendant is subsequently arrested or summonsed for new criminal conduct;
(18) Satisfy any other condition that is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community; and
(19) Participate in an electronic monitoring program, if available.
Sec. A-49. 15 MRSA §1026, sub-§4, ¶C, as amended by PL 2011, c. 680, §2, is further amended to read:
(1) The defendant's character and physical and mental condition;
(2) The defendant's family ties in the State;
(3) The defendant's employment history in the State;
(4) The defendant's financial resources;
(5) The defendant's length of residence in the community and the defendant's community ties;
(6) The defendant's past conduct, including any history relating to drug or alcohol abuse use;
(7) The defendant's criminal history, if any;
(8) The defendant's record concerning appearances at court proceedings;
(9) Whether, at the time of the current offense or arrest, the defendant was on probation, parole or other release pending trial, sentencing, appeal or completion of a sentence for an offense in this jurisdiction or another;
(9-A) Any evidence that the defendant poses a danger to the safety of others in the community, including the results of a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of Public Safety;
(10) Any evidence that the defendant has obstructed or attempted to obstruct justice by threatening, injuring or intimidating a victim or a prospective witness, juror, attorney for the State, judge, justice or other officer of the court; and
(11) Whether the defendant has previously violated conditions of release, probation or other court orders, including, but not limited to, violating protection from abuse orders pursuant to Title 19, section 769 or Title 19-A, section 4011.
Sec. A-50. 15 MRSA §1105, as amended by PL 2003, c. 205, §2, is further amended to read:
§ 1105. Substance use disorder treatment program
As a condition of post-conviction release, the court may impose the condition of participation in an alcohol and drug a substance use disorder treatment program for a period not to exceed 24 months pursuant to Title 4, chapter 8. Upon request of the Department of Corrections, the court may require the defendant to pay a substance abuse use testing fee as a requirement of participation in the alcohol or drug substance use disorder treatment program. If at any time the court finds probable cause that a defendant released with a condition of participation in an alcohol and drug a substance use disorder treatment program has intentionally or knowingly violated any requirement of the defendant's participation in the alcohol or drug substance use disorder treatment program, the court may suspend the order of bail for a period of up to 7 days for any such violation. The defendant must be given an opportunity to personally address the court prior to the suspension of an order of bail under this section. A period of suspension of bail is a period of detention under Title 17-A, section 1253, subsection 2. This section does not restrict the ability of the court to take actions other than suspension of the order of bail for the violation of a condition of participation in an alcohol and drug a substance use disorder treatment program or the ability of the court to entertain a motion to revoke bail under section 1098 and enter any dispositional order allowed under section 1099-A. If the court orders participation in a drug and alcohol substance use disorder treatment program under this section, upon sentencing the court shall consider whether there has been compliance with the program.
Sec. A-51. 15 MRSA §3314, sub-§4, as amended by PL 2003, c. 180, §9 and c. 689, Pt. B, §6, is further amended to read:
An order under this subsection is enforceable under Title 19-A, section 2603.
Sec. A-52. 17-A MRSA §1204, sub-§2-A, ¶I, as amended by PL 1989, c. 693, §2, is further amended to read:
Sec. A-53. 18-A MRSA §9-401, sub-§(d), ¶(6), as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:
Sec. A-54. 20-A MRSA §1001, sub-§9, as amended by PL 2011, c. 614, §4, is further amended to read:
A student may be readmitted on satisfactory evidence that the behavior that was the cause of the student being expelled will not likely recur. The school board may authorize the principal to suspend students up to a maximum of 10 days for infractions of school rules. In addition to other powers and duties under this subsection, the school board may develop a policy requiring a student who is in violation of school substance abuse use or possession rules to participate in substance abuse use disorder services as provided in section 6606. Nothing in this subsection or subsection 9-C prevents a school board from providing educational services in an alternative setting to a student who has been expelled.
Sec. A-55. 20-A MRSA §6001-B, sub-§2, ¶B, as enacted by PL 2003, c. 472, §1, is amended to read:
Sec. A-56. 20-A MRSA §6604, as enacted by PL 1987, c. 395, Pt. A, §70, is amended to read:
§ 6604. Substance use disorder programs
To further these objectives, school units may employ specialized personnel such as chemical health coordinators and others knowledgeable in the field of about substance abuse use and may cooperate with public and private agencies in substance abuse use disorder education, prevention, early intervention, rehabilitation referral and related programs.
Sec. A-57. 20-A MRSA §6605, as amended by PL 1989, c. 700, Pt. A, §51, is further amended to read:
§ 6605. Department role
Sec. A-58. 20-A MRSA §6606, as enacted by PL 1989, c. 708, §3, is amended to read:
§ 6606. Participation in substance use disorder services
In compliance with written school policy adopted by a school board, the school board may require that a student who has been determined to be in violation of school rules governing substance abuse use or alcohol or drug possession participate in a substance abuse use assessment, education or support group service offered by the school. The school board shall provide for notice to the parents or legal guardian of a student required to participate in such services. If the school board elects to do so, it may request a parent or legal guardian to participate in the services.
Sec. A-59. 20-A MRSA §9701, sub-§1, as enacted by PL 1987, c. 827, §1, is amended to read:
Sec. A-60. 20-A MRSA §15672, sub-§30-A, ¶D, as amended by PL 2005, c. 662, Pt. A, §41, is further amended to read:
Sec. A-61. 22 MRSA §328, sub-§12, as enacted by PL 2001, c. 664, §2, is amended to read:
Sec. A-62. 22 MRSA §412, sub-§2, as amended by PL 2011, c. 306, §2, is further amended to read:
Healthy Maine Partnerships must include interested community members; leaders of formal and informal civic groups; leaders of youth, parent and older adult groups; leaders of hospitals, health centers, mental health and substance abuse use disorder treatment providers; emergency responders; local government officials; leaders in early childhood development and education; leaders of school administrative units and colleges and universities; community, social service and other nonprofit agency leaders; leaders of issue-specific networks, coalitions and associations; business leaders; leaders of faith-based groups; and law enforcement representatives. Where a service area of Healthy Maine Partnerships includes a tribal health department or health clinic, Healthy Maine Partnerships shall seek a membership or consultative relationship with leaders and members of Indian tribes or designees of health departments or health clinics of Indian tribes.
The department and other appropriate state agencies shall provide funds as available to coalitions in Healthy Maine Partnerships that meet measurable criteria as set by the department for comprehensive community health coalitions. As funds are available, a minimum of one tribal comprehensive community health coalition must be provided funding as a member of a Healthy Maine Partnerships coalition. The tribal district is eligible for the same funding opportunities offered to any other district. The tribal district or a tribe is eligible to partner with any coalition in Healthy Maine Partnerships for collaborative funding opportunities that are approved by the tribal district coordinating council or a tribal health director.
Sec. A-63. 22 MRSA §412, sub-§4, ¶B, as amended by PL 2011, c. 306, §2, is further amended to read:
Sec. A-64. 22 MRSA §412, sub-§6, ¶B, as amended by PL 2011, c. 306, §2, is further amended to read:
(1) Each district coordinating council for public health, including the tribal district coordinating council, shall appoint one member.
(2) The Director of the Maine Center for Disease Control and Prevention or the director's designee shall serve as a member.
(3) The commissioner shall appoint an expert in behavioral health from the department to serve as a member.
(4) The Commissioner of Education shall appoint a health expert from the Department of Education to serve as a member.
(5) The Commissioner of Environmental Protection shall appoint an environmental health expert from the Department of Environmental Protection to serve as a member.
(6) The Director of the Maine Center for Disease Control and Prevention, in collaboration with the cochairs of the Statewide Coordinating Council for Public Health, shall convene a membership committee. After evaluation of the appointments to the Statewide Coordinating Council for Public Health, the membership committee shall appoint no more than 10 additional members and ensure that the total membership has at least one member who is a recognized content expert in each of the essential public health services and has representation from populations in the State facing health disparities. The membership committee shall also strive to ensure diverse representation on the Statewide Coordinating Council for Public Health from county governments, municipal governments, tribal governments, tribal health departments or health clinics, city health departments, local health officers, hospitals, health systems, emergency management agencies, emergency medical services, Healthy Maine Partnerships, school districts, institutions of higher education, physicians and other health care providers, clinics and community health centers, voluntary health organizations, family planning organizations, area agencies on aging, mental health services, substance abuse use disorder services, organizations seeking to improve environmental health and other community-based organizations.
Sec. A-65. 22 MRSA §567, sub-§1, as amended by PL 2009, c. 447, §21, is further amended to read:
A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 413 may analyze waste discharges for total suspended solids, settleable solids, biological or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal coliform, E. coli, conductivity, color, temperature and dissolved oxygen without being certified under this section. The exception provided under this paragraph applies to a laboratory testing its own samples for pollutants listed in its permit or license; pretreatment samples; and samples from other wastewater treatment plants for up to 60 days per year. The time period provided in this paragraph, which is a maximum period for each treatment plant for which analysis is provided, may be extended by memorandum of agreement between the Department of Environmental Protection and the Health and Environmental Testing Laboratory.
Sec. A-66. 22 MRSA §1341, sub-§2, ¶C, as amended by PL 2015, c. 507, §1, is further amended to read:
Sec. A-67. 22 MRSA §1502, as enacted by PL 1995, c. 694, Pt. C, §8 and affected by Pt. E, §2, is amended to read:
§ 1502. Consent
In addition to the ability to consent to treatment for health services as provided in sections 1823 and 1908 and Title 32, sections 2595, 3292, 3817, 6221 and 7004, a minor may consent to treatment for abuse of alcohol or drugs substance use disorder or for emotional or psychological problems.
Sec. A-68. 22 MRSA §1511, sub-§6, ¶G, as enacted by PL 1999, c. 401, Pt. V, §1, is amended to read:
Sec. A-69. 22 MRSA §1711-C, sub-§3, ¶D, as amended by PL 1999, c. 512, Pt. A, §5 and affected by §7 and c. 790, Pt. A, §§58 and 60, is further amended to read:
Sec. A-70. 22 MRSA §1823, as amended by PL 1999, c. 90, §2, is further amended to read:
§ 1823. Treatment of minors
Any hospital licensed under this chapter or alcohol or drug treatment facility licensed pursuant to section 7801 that provides facilities to a minor in connection with the treatment of that minor for venereal disease or abuse of drugs or alcohol substance use or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the provision of such facilities so long as such facilities have been provided at the direction of the person or persons referred to in Title 32, sections 2595, 3292, 3817, 6221 or 7004. The hospital shall notify and obtain the consent of that minor's parent or guardian if that hospitalization continues for more than 16 hours.
Sec. A-71. 22 MRSA §2053, sub-§2-A, as amended by PL 2011, c. 542, Pt. A, §30, is further amended to read:
Sec. A-72. 22 MRSA §2383-C, sub-§6, as enacted by PL 1997, c. 325, §1, is amended to read:
Sec. A-73. 22 MRSA §3173-C, sub-§7, ¶P, as amended by PL 2003, c. 20, Pt. K, §7, is further amended to read:
Sec. A-74. 22 MRSA §3173-D, as enacted by PL 1983, c. 752, §1, is amended to read:
§ 3173-D. Reimbursement for substance use disorder treatment
The department shall provide reimbursement, to the maximum extent allowable, under the United States Social Security Act, Title XIX, for alcoholism and drug dependency substance use disorder treatment. Treatment shall must include, but need not be limited to, residential treatment and outpatient care as defined in Title 24-A, section 2842.
Sec. A-75. 22 MRSA §3174-VV, last ¶, as reallocated by RR 2011, c. 2, §27, is amended to read:
The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Prior to adopting rules under this section, the department shall seek input from stakeholders and experts in the field of substance abuse addiction and recovery use disorder, including, but not limited to, representatives of the Office of Substance Abuse department's office of substance use and mental health services and individuals with expertise in medication-assisted treatment.
Sec. A-76. 22 MRSA §3739, sub-§2, ¶G, as amended by PL 2011, c. 657, Pt. AA, §63, is further amended to read:
Sec. A-77. 22 MRSA §3762, sub-§20, ¶¶C to E, as reallocated by RR 2011, c. 1, §33, are amended to read:
Sec. A-78. 22 MRSA §3788, sub-§11, ¶C, as amended by PL 1997, c. 530, Pt. A, §26, is further amended to read:
Sec. A-79. 22 MRSA §3788, sub-§12, ¶C, as amended by PL 1997, c. 530, Pt. A, §26, is further amended to read:
Sec. A-80. 22 MRSA §4004-B, as amended by PL 2013, c. 192, §2, is further amended to read:
§ 4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with fetal alcohol spectrum disorders
The department shall act to protect infants born identified as being affected by illegal substance abuse use, demonstrating withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or having fetal alcohol spectrum disorders, regardless of whether the infant is abused or neglected. The department shall:
Sec. A-81. 22 MRSA §4011-B, sub-§1, as amended by PL 2013, c. 192, §3, is further amended to read:
Sec. A-82. 22 MRSA §4055, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §9, is further amended to read:
Sec. A-83. 22 MRSA §4099-E, sub-§§1 and 3, as enacted by PL 2009, c. 155, §2, are amended to read:
Sec. A-84. 22 MRSA §7245, as enacted by PL 2003, c. 483, §1, is amended to read:
§ 7245. Legislative intent
It is the intent of the Legislature that the prescription monitoring program established pursuant to this chapter serve as a means to promote the public health and welfare and to detect and prevent substance abuse use disorder. This chapter is not intended to interfere with the legitimate medical use of controlled substances.
Sec. A-85. 22 MRSA §7261, sub-§1, ¶D, as enacted by PL 2011, c. 217, §1, is amended to read:
Sec. A-86. 22-A MRSA §201, sub-§2-A, ¶C, as enacted by PL 2007, c. 539, Pt. N, §42, is amended to read:
(1) Adult and elder services, including but not limited to aging, substance abuse use disorder, mental health and disability services;
(2) Child and family services responsibilities, including but not limited to child welfare, children’s behavioral health and early childhood services; and
(3) Regional operations.
Sec. A-87. 22-A MRSA §203, sub-§1, ¶F, as enacted by PL 2003, c. 689, Pt. A, §1, is amended to read:
Sec. A-88. 22-A MRSA §206, sub-§8, as enacted by PL 2007, c. 539, Pt. N, §45, is amended to read:
Sec. A-89. 22-A MRSA §207, sub-§7, as amended by PL 2011, c. 542, Pt. A, §52, is further amended to read:
Sec. A-90. 24 MRSA §2325-A, sub-§5-C, ¶A-1, as enacted by PL 2003, c. 20, Pt. VV, §5 and affected by §25, is amended to read:
(1) Psychotic disorders, including schizophrenia;
(2) Dissociative disorders;
(3) Mood disorders;
(4) Anxiety disorders;
(5) Personality disorders;
(6) Paraphilias;
(7) Attention deficit and disruptive behavior disorders;
(8) Pervasive developmental disorders;
(9) Tic disorders;
(10) Eating disorders, including bulimia and anorexia; and
(11) Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed allopathic or osteopathic physician or a licensed psychologist who is trained and has received a doctorate in psychology specializing in the evaluation and treatment of mental illness.
Sec. A-91. 24 MRSA §2329, sub-§2, ¶C, as amended by PL 1987, c. 735, §41, is further amended to read:
Sec. A-92. 24 MRSA §2329, sub-§8, as amended by PL 2011, c. 320, Pt. A, §2, is further amended to read:
Sec. A-93. 24-A MRSA §2842, sub-§2, ¶C, as enacted by PL 1983, c. 527, §2, is further amended to read:
Sec. A-94. 24-A MRSA §2842, sub-§8, as amended by PL 2011, c. 320, Pt. A, §10, is further amended to read:
Sec. A-95. 24-A MRSA §2843, sub-§5-C, ¶A-1, as enacted by PL 2003, c. 20, Pt. VV, §14 and affected by §25, is amended to read:
(1) Psychotic disorders, including schizophrenia;
(2) Dissociative disorders;
(3) Mood disorders;
(4) Anxiety disorders;
(5) Personality disorders;
(6) Paraphilias;
(7) Attention deficit and disruptive behavior disorders;
(8) Pervasive developmental disorders;
(9) Tic disorders;
(10) Eating disorders, including bulimia and anorexia; and
(11) Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed allopathic or osteopathic physician or a licensed psychologist who is trained and has received a doctorate in psychology specializing in the evaluation and treatment of mental illness.
Sec. A-96. 24-A MRSA §4234-A, sub-§6, ¶A-1, as enacted by PL 2003, c. 20, Pt. VV, §20 and affected by §25, is amended to read:
(1) Psychotic disorders, including schizophrenia;
(2) Dissociative disorders;
(3) Mood disorders;
(4) Anxiety disorders;
(5) Personality disorders;
(6) Paraphilias;
(7) Attention deficit and disruptive behavior disorders;
(8) Pervasive developmental disorders;
(9) Tic disorders;
(10) Eating disorders, including bulimia and anorexia; and
(11) Substance abuse-related use disorders.
For the purposes of this paragraph, the mental illness must be diagnosed by a licensed allopathic or osteopathic physician or a licensed psychologist who is trained and has received a doctorate in psychology specializing in the evaluation and treatment of mental illness.
Sec. A-97. 24-A MRSA §6917, sub-§3, ¶B, as enacted by PL 2009, c. 359, §4 and affected by §8, is amended to read:
Sec. A-98. 25 MRSA §2002, sub-§§3 and 4, as amended by PL 1993, c. 524, §1, are further amended to read:
Sec. A-99. 25 MRSA §2003, sub-§1, ¶D, as amended by PL 2011, c. 298, §7, is further amended to read:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
(3) The date and place of birth, height, weight, color of eyes, color of hair, sex and race;
(4) A record of previous issuances of, refusals to issue and revocations of a permit to carry concealed firearms, handguns or other concealed weapons by any issuing authority in the State or any other jurisdiction. The record of previous refusals alone does not constitute cause for refusal and the record of previous revocations alone constitutes cause for refusal only as provided in section 2005; and
(5) Answers to the following questions:
(a) Are you less than 18 years of age?
(b) Is there a formal charging instrument now pending against you in this State for a crime under the laws of this State that is punishable by imprisonment for a term of one year or more?
(c) Is there a formal charging instrument now pending against you in any federal court for a crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year?
(d) Is there a formal charging instrument now pending against you in another state for a crime that, under the laws of that state, is punishable by a term of imprisonment exceeding one year?
(e) If your answer to the question in division (d) is "yes," is that charged crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?
(f) Is there a formal charging instrument pending against you in another state for a crime punishable in that state by a term of imprisonment of 2 years or less and classified by that state as a misdemeanor, but that is substantially similar to a crime that under the laws of this State is punishable by imprisonment for a term of one year or more?
(g) Is there a formal charging instrument now pending against you under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority has pleaded that you committed the crime with the use of a firearm against a person or with the use of a dangerous weapon as defined in Title 17-A, section 2, subsection 9, paragraph A?
(h) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f) and involves bodily injury or threatened bodily injury against another person?
(i) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (g)?
(j) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f), but does not involve bodily injury or threatened bodily injury against another person?
(k) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (b), (c), (f) or (g)?
(l) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (d)?
(m) If your answer to the question in division (l) is "yes," was that crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?
(n) Have you ever been adjudicated as having committed a juvenile offense described in division (h) or (i)?
(o) Have you ever been adjudicated as having committed a juvenile offense described in division (j)?
(p) Are you currently subject to an order of a Maine court or an order of a court of the United States or another state, territory, commonwealth or tribe that restrains you from harassing, stalking or threatening your intimate partner, as defined in 18 United States Code, Section 921(a), or a child of your intimate partner, or from engaging in other conduct that would place your intimate partner in reasonable fear of bodily injury to that intimate partner or the child?
(q) Are you a fugitive from justice?
(r) Are you a drug abuser user, drug addict person with substance use disorder or drug dependent drug-dependent person?
(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
(t) Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, Article 5, Parts 3 and 4 and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?
(u) Have you been dishonorably discharged from the military forces within the past 5 years?
(v) Are you an illegal alien?
(w) Have you been convicted in a Maine court of a violation of Title 17-A, section 1057 within the past 5 years?
(x) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would be a violation of Title 17-A, section 1057?
(y) To your knowledge, have you been the subject of an investigation by any law enforcement agency within the past 5 years regarding the alleged abuse by you of family or household members?
(z) Have you been convicted in any jurisdiction within the past 5 years of 3 or more crimes punishable by a term of imprisonment of less than one year or of crimes classified under the laws of a state as a misdemeanor and punishable by a term of imprisonment of 2 years or less?
(aa) Have you been adjudicated in any jurisdiction within the past 5 years to have committed 3 or more juvenile offenses described in division (o)?
(bb) To your knowledge, have you engaged within the past 5 years in reckless or negligent conduct that has been the subject of an investigation by a governmental entity?
(cc) Have you been convicted in a Maine court within the past 5 years of any Title 17-A, chapter 45 drug crime?
(dd) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would have been a violation of Title 17-A, chapter 45?
(ee) Have you been adjudged in a Maine court to have committed the civil violation of possession of a useable amount of marijuana, butyl nitrite or isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years?
(ff) Have you been adjudicated in a Maine court within the past 5 years as having committed the juvenile crime defined in Title 15, section 3103, subsection 1, paragraph B of possession of a useable amount of marijuana, as provided in Title 22, section 2383?; and
Sec. A-100. 25 MRSA §2005, sub-§3, as amended by PL 1989, c. 917, §15 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
Sec. A-101. 25 MRSA §5101, as enacted by PL 2015, c. 481, Pt. E, §1, is amended to read:
§ 5101. Substance Use Disorder Assistance Program
(1) Referral of program participants to evidence-based treatment programs, including medically assisted treatment; and
(2) Provision of case management services to program participants in order to secure appropriate treatment and support services such as housing, health care, job training and mental health services for program participants; and
(1) Provision of evidence-based treatment programs, including medically assisted treatment, to jail inmates; and
(2) Provision of case management or other support services to program participants to assist in transition from jail upon release.
Sec. A-102. 26 MRSA §681, as amended by PL 2011, c. 196, §1, is further amended to read:
§ 681. Purpose; applicability
A labor organization with a collective bargaining agreement effective in the State may conduct a program of substance abuse use testing of its members. The program may include testing of new members and periodic testing of all members. It may not include random testing of members. The program may be voluntary. The results may not be used to preclude referral to a job where testing is not required or to otherwise discipline a member. Sample collection and testing must be done in accordance with this subchapter. Approval of the Department of Labor is not required.
Sec. A-103. 26 MRSA §682, as amended by PL 2007, c. 695, Pt. B, §5, is further amended to read:
§ 682. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) A screening test of an applicant's urine or saliva may be performed at the point of collection through the use of a noninstrumented point of collection test device approved by the federal Food and Drug Administration. Section 683, subsection 5-A governs the use of such tests.
Sec. A-104. 26 MRSA §683, as amended by PL 2011, c. 657, Pt. AA, §72, is further amended to read:
§ 683. Testing procedures
No An employer may not require, request or suggest that any employee or applicant submit to a substance abuse use test except in compliance with this section. All actions taken under a substance abuse use testing program shall must comply with this subchapter, rules adopted under this subchapter and the employer's written policy approved under section 686.
(1) Which positions, if any, will be subject to testing, including any positions subject to random or arbitrary testing under section 684, subsection 3. For applicant testing and probable cause testing of employees, an employer may designate that all positions are subject to testing; and
(2) The procedure to be followed in selecting employees to be tested on a random or arbitrary basis under section 684, subsection 3;
(1) The collection of any sample for use in a substance abuse use test must be conducted in a medical facility and supervised by a licensed physician or nurse. A medical facility includes a first aid station located at the work site.
(2) An employer may not require an employee or applicant to remove any clothing for the purpose of collecting a urine sample, except that:
(a) An employer may require that an employee or applicant leave any personal belongings other than clothing and any unnecessary coat, jacket or similar outer garments outside the collection area; or
(b) If it is the standard practice of an off-site medical facility to require the removal of clothing when collecting a urine sample for any purpose, the physician or nurse supervising the collection of the sample in that facility may require the employee or applicant to remove their clothing.
(3) No An employee or applicant may not be required to provide a urine sample while being observed, directly or indirectly, by another individual.
(4) The employer may take additional actions necessary to ensure the integrity of a urine sample if the sample collector or testing laboratory determines that the sample may have been substituted, adulterated, diluted or otherwise tampered with in an attempt to influence test results. The Department of Health and Human Services shall adopt rules governing when those additional actions are justified and the scope of those actions. These rules may not permit the direct or indirect observation of the collection of a urine sample. If an employee or applicant is found to have twice substituted, adulterated, diluted or otherwise tampered with the employee's or applicant's urine sample, as determined under the rules adopted by the department, the employee or applicant is deemed to have refused to submit to a substance abuse use test.
(5) If the employer proposes to use the type of screening test described in section 682, subsection 7, paragraph A, subparagraph (1), the employer's policy must include:
(a) Procedures to ensure the confidentiality of test results as required in section 685, subsection 3; and
(b) Procedures for training persons performing the test in the proper manner of collecting samples and reading results, maintaining a proper chain of custody and complying with other applicable provisions of this subchapter;
(1) Cutoff levels for confirmation tests for marijuana may not be lower than 15 nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for urine samples.
(2) The Department of Health and Human Services shall adopt rules under section 687 regulating screening and confirmation cutoff levels for other substances of abuse, including those substances tested for in blood samples under subsection 5, paragraph B, to ensure that levels are set within known tolerances of test methods and above mere trace amounts. An employer may request that the Department of Health and Human Services establish a cutoff level for any substance of abuse for which the department has not established a cutoff level.
(3) Notwithstanding subparagraphs (1) and (2), if the Department of Health and Human Services does not have established cutoff levels or procedures for any specific federally recognized substance abuse use test, the minimum cutoff levels and procedures that apply are those set forth in the Federal Register, Volume 69, No. 71, sections 3.4 to 3.7 on pages 19697 and 19698;
An employer must shall consult with the employer's employees in the development of any portion of a substance abuse use testing policy under this subsection that relates to the employees. The employer is not required to consult with the employees on those portions of a policy that relate only to applicants. The employer shall send a copy of the final written policy to the Department of Labor for review under section 686. The employer may not implement the policy until the Department of Labor approves the policy. The employer shall send a copy of any proposed change in an approved written policy to the Department of Labor for review under section 686. The employer may not implement the change until the Department of Labor approves the change.
Any form or agreement prohibited by this subsection is void.
(1) The Department of Health and Human Services may identify, by rules adopted under section 687, other substances of abuse for which an employee may request a blood sample be tested instead of a urine sample if the department determines that a sufficient correlation exists between the presence of the substance in an individual's blood and its effect upon the individual's performance.
(2) No An employer may not require, request or suggest that any employee or applicant provide a blood sample for substance abuse use testing purposes nor may any employer conduct a substance abuse use test upon a blood sample except as provided in this paragraph.
(3) Applicants do not have the right to require the employer to test a blood sample as provided in this paragraph.
(1) For a point of collection screening test that results in a preliminary positive or negative test result, the person performing the test shall release the test result to the employee who is the subject of the test immediately.
(2) For a point of collection screening test that results in a preliminary positive test result, the person performing the test may not release the test result to the employer until after the result of the confirmation test has been determined.
(3) For a point of collection screening test that results in a preliminary negative test result, the person performing the test may not release the test result to the employer until after the result of a confirmation test would have been determined if one had been performed.
(4) For a confirmation test, the person performing the test shall release the result immediately to the employee who is the subject of the test and to the employer.
(1) The laboratory possesses all licenses or certifications that the department finds necessary or desirable to ensure reliable and accurate test results;
(2) The laboratory follows proper quality control procedures, including, but not limited to:
(a) The use of internal quality controls during each substance abuse use test conducted under this subchapter, including the use of blind samples and samples of known concentrations which that are used to check the performance and calibration of testing equipment;
(b) The internal review and certification process for test results, including the qualifications of the person who performs that function in the testing laboratory; and
(c) Security measures implemented by the testing laboratory; and
(3) Other necessary and proper actions are taken to ensure reliable and accurate test results.
(1) The name of the laboratory that performed the test or tests;
(2) Any confirmed positive results on any tested sample.
(a) Unless the employee or applicant consents, test results shall may not be reported in numerical or quantitative form but shall must state only that the test result was positive or negative. This division does not apply if the test or the test results become the subject of any grievance procedure, administrative proceeding or civil action.
(b) A testing laboratory and the employer must shall ensure that an employee's unconfirmed positive screening test result cannot be determined by the employer in any manner, including, but not limited to, the method of billing the employer for the tests performed by the laboratory and the time within which results are provided to the employer. This division does not apply to test results for applicants;
(3) The sensitivity or cutoff level of the confirmation test; and
(4) Any available information concerning the margin of accuracy and precision of the test methods employed.
The report shall may not disclose the presence or absence of evidence of any physical or mental condition or of any substance other than the specific substances of abuse that the employer requested to be identified. A testing laboratory shall retain records of confirmed positive results in a numerical or quantitative form for at least 2 years.
Costs of a substance abuse use test administered at the request of an employee under subsection 5, paragraph B, shall must be paid:
Sec. A-105. 26 MRSA §684, as amended by PL 2003, c. 547, §2, is further amended to read:
§ 684. Imposition of tests
The offer of employment or offer of a position on a roster of eligibility may be conditioned on the applicant receiving a negative test result.
(1) An employer may establish a testing program under this paragraph only if the employer has 50 or more employees who are not covered by a collective bargaining agreement.
(2) The written policy required by section 683, subsection 2 with respect to a testing program under this paragraph must be developed by a committee of at least 10 of the employer's employees. The employer shall appoint members to the committee from a cross-section of employees who are eligible to be tested. The committee must include a medical professional who is trained in procedures for testing for substances of abuse. If no such person is employed by the employer, the employer shall obtain the services of such a person to serve as a member of the committee created under this subparagraph.
(3) The written policy developed under subparagraph (2) must also require that selection of employees for testing be performed by a person or entity not subject to the employer's influence, such as a medical review officer. Selection must be made from a list, provided by the employer, of all employees subject to testing under this paragraph. The list may not contain information that would identify the employee to the person or entity making the selection.
(4) Employees who are covered by a collective bargaining agreement are not included in testing programs pursuant to this paragraph unless they agree to be included pursuant to a collective bargaining agreement as described under paragraph A.
(5) Before initiating a testing program under this paragraph, the employer must shall obtain from the Department of Labor approval of the policy developed by the employee committee, as required in section 686. If the employer does not approve of the written policy developed by the employee committee, the employer may decide not to submit the policy to the department and not to establish the testing program. The employer may not change the written policy without approval of the employee committee.
(6) The employer may not discharge, suspend, demote, discipline or otherwise discriminate with regard to compensation or working conditions against an employee for participating or refusing to participate in an employee committee created pursuant to this paragraph.
Sec. A-106. 26 MRSA §685, as amended by PL 2003, c. 547, §3, is further amended to read:
§ 685. Action taken on substance use tests
Action taken by an employer on the basis of a substance abuse use test is limited as provided in this section.
(1) Refusal to hire an applicant for employment or refusal to place an applicant on a roster of eligibility;
(2) Discharge of an employee;
(3) Discipline of an employee; or
(4) Change in the employee's work assignment.
(1) If the employer has an employee assistance program that offers counseling or rehabilitation services, the employee may choose to enter that program at the employer's expense. If these services are not available from an employer's employee assistance program or if the employee chooses not to participate in that program, the employee may enter a public or private rehabilitation program.
(a) Except to the extent that costs are covered by a group health insurance plan, the costs of the public or private rehabilitation program must be equally divided between the employer and employee if the employer has more than 20 full-time employees. This requirement does not apply to municipalities or other political subdivisions of the State or to any employer when the employee is tested because of the alcohol and controlled substance testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V. If necessary, the employer shall assist in financing the cost share of the employee through a payroll deduction plan.
(b) Except to the extent that costs are covered by a group health insurance plan, an employer with 20 or fewer full-time employees, a municipality or other political subdivision of the State is not required to pay for any costs of rehabilitation or treatment under any public or private rehabilitation program. An employer is not required to pay for the costs of rehabilitation if the employee was tested because of the alcohol and controlled substance testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V.
(2) No An employer may not take any action described in paragraph A while an employee is participating in a rehabilitation program, except as provided in subparagraph (2-A) and except that an employer may change the employee's work assignment or suspend the employee from active duty to reduce any possible safety hazard. Except as provided in subparagraph (2-A), an employee's pay or benefits may not be reduced while an employee is participating in a rehabilitation program, provided that the employer is not required to pay the employee for periods in which the employee is unavailable for work for the purposes of rehabilitation or while the employee is medically disqualified. The employee may apply normal sick leave and vacation time, if any, for these periods.
(2-A) A rehabilitation or treatment provider shall promptly notify the employer if the employee fails to comply with the prescribed rehabilitation program before the expiration of the 6-month period provided in paragraph B. Upon receipt of this notice, the employer may take any action described in paragraph A.
(3) Except as provided in divisions (a) and (b), upon successfully completing the rehabilitation program, as determined by the rehabilitation or treatment provider after consultation with the employer, the employee is entitled to return to the employee's previous job with full pay and benefits unless conditions unrelated to the employee's previous confirmed positive result make the employee's return impossible. Reinstatement of the employee must may not conflict with any provision of a collective bargaining agreement between the employer and a labor organization that is the collective bargaining representative of the unit of which the employee is or would be a part. If the rehabilitation or treatment provider determines that the employee has not successfully completed the rehabilitation program within 6 months after starting the program, the employer may take any action described in paragraph A.
(a) If the employee who has completed rehabilitation previously worked in an employment position subject to random or arbitrary testing under an employer's written policy, the employer may refuse to allow the employee to return to the previous job if the employer believes that the employee may pose an unreasonable safety hazard because of the nature of the position. The employer shall attempt to find suitable work for the employee immediately after refusing the employee's return to the previous position. No A reduction may not be made in the employee's previous benefits or rate of pay while the employee is awaiting reassignment to work or while working in a position other than the previous job. The employee shall must be reinstated to the previous position or to another position with an equivalent rate of pay and benefits and with no loss of seniority within 6 months after returning to work in any capacity with the employer unless the employee has received a subsequent confirmed positive result within that time from a test administered under this subchapter or unless conditions unrelated to the employee's previous confirmed positive test result make that reinstatement or reassignment impossible. Placement of the employee in suitable work and reinstatement may not conflict with any provision of a collective bargaining agreement between the employer and a labor organization that is the collective bargaining representative of the unit of which the employee is or would be a part.
(b) Notwithstanding division (a), if an employee who has successfully completed rehabilitation is medically disqualified, the employer is not required to reinstate the employee or find suitable work for the employee during the period of disqualification. The employer is not required to compensate the employee during the period of disqualification. Immediately after the employee's medical disqualification ceases, the employer's obligations under division (a) attach as if the employee had successfully completed rehabilitation on that date.
(1) The release of this information when required or permitted by state or federal law, including release under section 683, subsection 8, paragraph 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.
Sec. A-107. 26 MRSA §686, sub-§1, ¶C, as enacted by PL 2009, c. 133, §3, is amended to read:
Sec. A-108. 26 MRSA §688, as amended by PL 2011, c. 657, Pt. AA, §74, is further amended to read:
§ 688. Substance use education
All employers shall cooperate fully with the Department of Labor, the Department of Health and Human Services, the Department of Public Safety and any other state agency in programs designed to educate employees about the dangers of substance abuse use and about public and private services available to employees who have a substance abuse problem use disorder.
Sec. A-109. 26 MRSA §689, sub-§3, as enacted by PL 1989, c. 536, §§1 and 2 and affected by c. 604, §§2 and 3, is amended to read:
Sec. A-110. 26 MRSA §690, as enacted by PL 1989, c. 536, §§1 and 2 and affected by c. 604, §§2 and 3, is further amended to read:
§ 690. Report
The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that date thereafter. This report shall:
Sec. A-111. 28-A MRSA §1652, sub-§5, as enacted by PL 2013, c. 368, Pt. XXXX, §8 and affected by §13, is amended to read:
Sec. A-112. 28-A MRSA §1703, sub-§5, as amended by PL 2013, c. 368, Pt. V, §61 and Pt. XXXX, §12 and affected by Pt. XXXX, §13, is further amended to read:
Sec. A-113. 29-A MRSA §2455, sub-§3, as amended by PL 2011, c. 657, Pt. AA, §79, is further amended to read:
Sec. A-114. 30-A MRSA §1556, sub-§1, as amended by PL 2001, c. 659, Pt. F, §1, is further amended to read:
Sec. A-115. 30-A MRSA §1659-A, sub-§3, ¶E, as enacted by PL 2009, c. 391, §6, is amended to read:
Sec. A-116. 30-A MRSA §4349-A, sub-§1, ¶C, as repealed and replaced by PL 2013, c. 424, Pt. B, §10, is amended to read:
(1) A project related to a commercial or industrial activity that, due to its operational or physical characteristics, typically is located away from other development, such as an activity that relies on a particular natural resource for its operation;
(2) An airport, port or railroad or industry that must be proximate to an airport, a port or a railroad line or terminal;
(3) A pollution control facility;
(4) A project that maintains, expands or promotes a tourist or cultural facility that is required to be proximate to a specific historic, natural or cultural resource or a building or improvement that is related to and required to be proximate to land acquired for a park, conservation, open space or public access or to an agricultural, conservation or historic easement;
(5) A project located in a municipality that has none of the geographic areas described in paragraph A or B and that prior to January 1, 2000 formally requested but had not received from the former State Planning Office funds to assist with the preparation of a comprehensive plan or that received funds from the department to assist with the preparation of a comprehensive plan within the previous 2 years. This exception expires for a municipality 2 years after such funds are received; or
(6) A housing project serving the following: individuals with mental illness, developmental disabilities, physical disabilities, brain injuries, substance abuse problems use disorder or a human immunodeficiency virus; homeless individuals; victims of domestic violence; foster children; or children or adults in the custody of the State. A nursing home is not considered a housing project under this paragraph.
Sec. A-117. 30-A MRSA §5002, sub-§6, ¶B, as enacted by PL 1989, c. 601, Pt. B, §4, is amended to read:
(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, welfare hotels, congregate shelters and transitional housing for persons with mental illness or substance abuse problems use disorder;
(2) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Sec. A-118. 32 MRSA §64-B, sub-§1, as enacted by PL 2007, c. 402, Pt. E, §4, is amended to read:
Sec. A-119. 32 MRSA §90-A, sub-§5, ¶B-3, as enacted by PL 2007, c. 274, §25, is amended to read:
Sec. A-120. 32 MRSA §503-B, sub-§1, as enacted by PL 2007, c. 402, Pt. H, §7, is amended to read:
Sec. A-121. 32 MRSA §2212, as enacted by PL 2017, c. 305, §1, is amended to read:
§ 2212. Dispensing opioid medication to patients in opioid treatment programs
A registered professional nurse and a certified nurse practitioner may dispense opioid medication for substance abuse use disorder treatment purposes to patients within an opioid treatment program under the direction of the medical director of the opioid treatment program.
Sec. A-122. 32 MRSA §2258-B, as enacted by PL 2017, c. 305, §2, is amended to read:
§ 2258-B. Dispensing opioid medication to patients in opioid treatment programs
A licensed practical nurse may dispense opioid medication for substance abuse use disorder treatment purposes to patients within an opioid treatment program under the direction of the medical director of the opioid treatment program.
Sec. A-123. 32 MRSA §2431-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §160, is further amended to read:
Sec. A-124. 32 MRSA §3292, as amended by PL 1999, c. 90, §4, is further amended to read:
§ 3292. Treatment of minors
An individual licensed under this chapter who renders medical care to a minor for treatment of venereal disease or abuse of drugs or alcohol substance use or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the treatment. This section may not be construed to prohibit the licensed individual rendering the treatment from informing the parent or guardian. For purposes of this section, " abuse of drugs substance use" means the use of drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.
Sec. A-125. 32 MRSA §3817, as amended by PL 1979, c. 96, §4, is further amended to read:
§ 3817. Services to minors for substance use
Any person licensed under this chapter who renders psychological services to a minor for problems associated with the abuse of drugs or alcohol substance use is under no obligation to obtain the consent of said the minor's parent or guardian or to inform such the parent or guardian of such services. Nothing in this section shall may be construed so as to prohibit the licensed person rendering such services from informing such the parent or guardian. For purposes of this section , " abuse of drugs substance use" means the use of drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.
Sec. A-126. 32 MRSA §3837-A, sub-§1, ¶B, as enacted by PL 2007, c. 402, Pt. Q, §14, is amended to read:
Sec. A-127. 32 MRSA §6202, as amended by PL 1995, c. 394, §3, is further amended to read:
§ 6202. Objective
The objective of this legislation is to establish a State Board of Alcohol and Drug Counselors , which that establishes and ensures high professional standards among alcohol and drug counselors and which that encourages and promotes quality treatment and rehabilitation services for substance abusers users.
Sec. A-128. 32 MRSA §6203-A, sub-§1, as enacted by PL 2007, c. 402, Pt. U, §2, is amended to read:
Sec. A-129. 32 MRSA §6203-A, sub-§3, as amended by PL 2011, c. 222, §1, is further amended to read:
Sec. A-130. 32 MRSA §6203-A, sub-§7, as enacted by PL 2007, c. 402, Pt. U, §2, is amended to read:
Sec. A-131. 32 MRSA §6206, sub-§1, as enacted by PL 1991, c. 456, §11, is amended to read:
Sec. A-132. 32 MRSA §6206, sub-§4, as enacted by PL 1991, c. 456, §11, is amended to read:
Sec. A-133. 32 MRSA §6206, sub-§5, as amended by PL 1993, c. 635, §1, is further amended to read:
Sec. A-134. 32 MRSA §6217-B, sub-§1, as amended by PL 2007, c. 621, §9, is further amended to read:
Sec. A-135. 32 MRSA §6221, as amended by PL 1991, c. 509, §28, is further amended to read:
§ 6221. Treatment of minors
Any person licensed under this chapter who renders counseling services to a minor for the treatment of problems associated with the abuse of drugs or alcohol substance use is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of that treatment. Nothing in this section may be construed so as to prohibit the licensed person rendering that treatment from informing that parent or guardian. For the purposes of this section , " abuse of drugs substance use" means the use of drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.
Sec. A-136. 32 MRSA §7004, as amended by PL 2007, c. 402, Pt. V, §3, is further amended to read:
§ 7004. Services to minors for substance use
Any person licensed under this chapter who renders social work services to a minor for problems associated with the abuse of drugs or alcohol substance use is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the treatment. Nothing in this section may be construed so as to prohibit the licensed person rendering this treatment from informing that parent or guardian. For purposes of this section, " abuse of drugs substance use" means the use of drugs or alcohol solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.
Sec. A-137. 32 MRSA §9403, sub-§§3-B and 3-C, as enacted by PL 1987, c. 170, §2, are amended to read:
Sec. A-138. 32 MRSA §9405, sub-§1-A, ¶F, as enacted by PL 1987, c. 170, §8, is further amended to read:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
(3) The date and place of birth, height, weight and color of eyes;
(4) A record of previous issuances of, refusals to issue and renew, suspensions and revocations of a license to be a contract security company. The record of previous refusals to issue alone does not constitute cause for refusal and the record of previous refusals to renew and revocations alone constitutes cause for refusal only as provided in section 9411-A;
(5) The following questions.
(a) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a crime which is punishable by one year or more imprisonment or for any other crime alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17-A, section 2, subsection 9, or of a firearm against another person?
(b) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense which involves conduct which, if committed by an adult, would be punishable by one year or more of imprisonment or for any other juvenile offense alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17-A, section 2, subsection 9, or of a firearm against another person?
(c) Have you ever been convicted of a crime described in division (a) or adjudicated as having committed a juvenile offense as described in division (b)?
(d) Is there a formal charging instrument now pending against you in this jurisdiction for any crime enumerated in section 9412?
(e) Is there a formal charging instrument now pending against you in this jurisdiction for a juvenile offense which involves conduct which, if committed by an adult, would be a crime enumerated in section 9412?
(f) Have you within the past 5 years been convicted of a crime described in division (d) or adjudicated as having committed a juvenile offense as described in division (e)?
(g) Are you a fugitive from justice?
(h) Are you a drug abuser user, drug addict person with substance use disorder or drug-dependent person?
(i) Do you have a mental disorder which causes you to be potentially dangerous to yourself or others?
(j) Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, article V, Parts 3 and 4, and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?
(k) Have you been dishonorably discharged from the military forces within the past 5 years?
(l) Are you an illegal alien ?;
(6) A list of employees as of the date the applicant signs the application who will perform security guard functions within the State. This list shall identify each employee by his full name, full current address and addresses for the prior 5 years and his date and place of birth, height, weight and color of eyes. For each employee on this list who will perform security guard functions at the site of a labor dispute or strike, the applicant shall have previously investigated the background of the employee to ensure that the employee meets all of the requirements to be a security guard as contained in section 9410-A, subsection 1. If the employee meets all of the requirements to be a security guard, the applicant shall also submit a statement, signed by the applicant, stating that the applicant has conducted this background investigation and that the employee meets the requirements contained in section 9410-A, subsection 1; and
(7) A photograph of the applicant taken within 6 months of the date the applicant affixes his signature to the application; and
Sec. A-139. 32 MRSA §9410-A, sub-§1, ¶H, as enacted by PL 1987, c. 170, §12, is amended to read:
Sec. A-140. 32 MRSA §9860-A, sub-§1, as enacted by PL 2007, c. 402, Pt. X, §6, is amended to read:
Sec. A-141. 32 MRSA §13721, sub-§1, ¶D, as enacted by PL 1987, c. 710, §5, is amended to read:
Sec. A-142. 32 MRSA §13856, sub-§1, as amended by PL 1989, c. 895, §9, is further amended to read:
Sec. A-143. 32 MRSA §13861-A, sub-§1, ¶A, as enacted by PL 2007, c. 402, Pt. EE, §9, is amended to read:
Sec. A-144. 32 MRSA §14308-A, sub-§1, as enacted by PL 2007, c. 402, Pt. II, §9, is amended to read:
Sec. A-145. 32 MRSA §18393, sub-§2, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. A-146. 34-A MRSA §1206, sub-§1, ¶D, as amended by PL 2011, c. 542, Pt. A, §58, is further amended to read:
Sec. A-147. 34-A MRSA §1206-A, sub-§1, ¶B, as enacted by PL 2009, c. 92, §1, is amended to read:
Sec. A-148. 34-A MRSA §1208-B, sub-§1, ¶A, as enacted by PL 2015, c. 335, §22, is amended to read:
Sec. A-149. 34-A MRSA §1214, sub-§5, as enacted by PL 2001, c. 686, Pt. D, §1, is amended to read:
Sec. A-150. 34-A MRSA §3036-A, sub-§3, ¶F, as enacted by PL 1991, c. 845, §4, is amended to read:
Sec. A-151. 34-A MRSA §7002, sub-§2, ¶A, as corrected by RR 2003, c. 2, §100, is amended to read:
(1) Develop a state primary prevention plan that provides for the use of state resources in ways that will strengthen the commitment of local communities to altering conditions that contribute to delinquency and other destructive behaviors that affect juveniles, so that the burden of state-funded treatment and crisis-responsive service programs will be reduced. The plan must provide for the coordination and consolidation of the primary prevention planning efforts of each of the state agencies specified in this section. The plan must set forth quantifiable and time-limited goals, objectives and strategies and must include proposals to integrate and build upon successful primary prevention programs;
(2) Provide for the evaluation of policies and programs developed and implemented pursuant to the plan; and
(3) Prepare, annually by November 1st, an appraisal of the State's primary prevention activities during the previous year and its recommendations for programs and activities relating to primary prevention.
Sec. A-152. 34-B MRSA §1208, sub-§1, ¶D, as amended by PL 2011, c. 542, Pt. A, §62, is further amended to read:
Sec. A-153. 34-B MRSA §1221, first ¶, as amended by PL 2007, c. 286, §4, is further amended to read:
The regional housing coordinator for each region shall convene a working group annually to develop a plan that states how mental health or substance abuse use disorder services needed by individuals using homeless shelters will be provided. Each working group shall submit a plan annually to the community service network established pursuant to section 3608. The community service network shall review the plan and submit it, with any suggested changes, to the Statewide Homeless Council, established pursuant to Title 30-A, section 5046.
Sec. A-154. 34-B MRSA §1221, sub-§1, ¶C, as enacted by PL 1997, c. 643, Pt. XX, §4, is amended to read:
Sec. A-155. 34-B MRSA §3801, sub-§11, as enacted by PL 2005, c. 519, Pt. BBBB, §3 and affected by §20, is amended to read:
Sec. A-156. 36 MRSA §1760, sub-§28, as amended by PL 2011, c. 542, Pt. A, §135, is further amended to read:
Sec. A-157. 36 MRSA §2557, sub-§6, as amended by PL 2011, c. 542, Pt. A, §140, is further amended to read:
Sec. A-158. 36 MRSA §2559, as amended by PL 2015, c. 300, Pt. A, §35, is further amended to read:
§ 2559. Application of revenues
Revenues derived by the tax imposed by this chapter must be credited to a General Fund suspense account. On or before the last day of each month, the State Controller shall transfer a percentage of the revenues received by the State Tax Assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A to F and L to the Local Government Fund as provided by Title 30-A, section 5681, subsection 5. The balance remaining in the General Fund suspense account must be transferred to service provider tax General Fund revenue. On or before the 15th day of each month, the State Controller shall transfer all revenues received by the assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs G to J and M to the Medical Care Services Other Special Revenue Funds account, the Other Special Revenue Funds Mental Health Services - Community Medicaid program, the Medicaid Services - Adult Developmental Services program and the Office of Substance Abuse Use Disorder - Medicaid Seed program within the Department of Health and Human Services.
Sec. A-159. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 4, chapter 8, in the chapter headnote, the words "alcohol and drug treatment programs" are amended to read "substance use disorder treatment programs" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-160. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, Part 25, in the Part headnote, the words "substance abuse prevention and treatment" are amended to read "substance use disorder prevention and treatment" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-161. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words "substance abuse prevention and treatment" are amended to read "substance use disorder prevention and treatment" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-162. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, chapter 521, subchapter 4-A, in the subchapter headnote, the words "substance abuse services commission" are amended to read "substance use disorder services commission" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-163. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 223, subchapter 7-A, in the subchapter headnote, the words "school substance abuse services" are amended to read "school substance use disorder services" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-164. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 25, Part 13, in the Part headnote, the words "substance abuse assistance" are amended to read "substance use disorder assistance" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-165. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 25, chapter 601, in the chapter headnote, the words "substance abuse assistance program" are amended to read "substance use disorder assistance program" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-166. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 26, chapter 7, subchapter 3-A, in the subchapter headnote, the words "substance abuse testing" are amended to read "substance use testing" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART B
Sec. B-1. Department of Health and Human Services rules, forms, policies and publications. When adopting or amending its rules and developing, publishing and issuing forms, policies and publications, the Department of Health and Human Services shall replace references to "substance abuse" with references to "substance use disorder" and shall ensure that language referring to persons with substance use disorder is consistent with respectful language recommended in the final report of the Task Force to Address the Opioid Crisis in the State.
Sec. B-2. Intent; effect. This Act is not intended to and does not change the eligibility requirements for services or benefits or result in an expansion of services or benefits provided by the Department of Health and Human Services or impact eligibility or requirements for federal programs and grants.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill implements a recommendation of the Task Force to Address the Opioid Crisis in the State.
The bill replaces statutory references to "substance abuse" with "substance use disorder." It also replaces statutory references to "addict" with "person with substance use disorder." The changes in language are intended to be respectful and minimize stigma for individuals who suffer with this disorder.
The bill directs the Department of Health and Human Services to replace references to "substance abuse" in its rules, forms, policies and publications with "substance use disorder."
The bill is not intended to change eligibility requirements for services or benefits provided by the department or affect the State's eligibility or requirements for federal programs or grants.