Title 5, Title 5

The commissioner or the commissioner's designee shall: [PL 2011, c. 657, Pt. AA, §23 (AMD).] 1. Alternatives. Propose alternatives to current substance use disorder prevention, treatment and recovery programs and services; 2. Investigate. Conduct investigations and studies of any…

1. Fund established. The Gambling Addiction Prevention and Treatment Fund, referred to in this section as "the fund," is established for the purpose of supporting gambling addiction analysis, prevention and treatment to be administered by the department. The fund is a dedicated, …

State agencies shall cooperate fully with the department in carrying out this chapter. A state agency may not develop, establish, conduct or administer any substance use disorder prevention or treatment program without the approval of the department. The department may request pe…

The department shall establish and provide for the implementation of a comprehensive and coordinated program of 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. [P…

The department shall plan substance use disorder prevention, treatment and recovery activities in the State and prepare and submit to the Legislature the following documents: [PL 2019, c. 524, §15 (AMD).] 1. Biennial plan. By January 15, 1991, and biennially thereafter, a compreh…

1. Fund established. The Opioid Use Disorder Prevention and Treatment Fund, referred to in this section as "the fund," is established for the purpose of supporting opioid use disorder analysis, prevention and treatment and is administered by the department. The fund consists of: …

The Office of Behavioral Health is established as a distinct unit within the Department of Health and Human Services. The Office of Behavioral Health is the successor in every way to the office of substance abuse within the department and the office of substance abuse and mental …

The Recovery Community Centers Fund is established as a dedicated, nonlapsing fund within the Office of Behavioral Health for the purposes specified in this section. The fund must be held separate and apart from all other money, funds and accounts. Eligible investment earnings cr…

The department shall create and maintain a program to increase public awareness of the impacts and prevalence of substance use disorder. The public awareness program must include promotional and technical assistance to local governments, schools and public and private nonprofit o…

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 compre…

To the fullest extent possible, the Commissioner of Education shall coordinate all elementary and secondary school 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…

The department shall periodically enter, inspect and examine a treatment facility or program and examine its books, programs, standards, policies and accounts. This examination process must include a review of the requirements to be a community-based service provider pursuant to …

1. Data collection; sources. The department shall collect data and use information from other sources to evaluate or provide for the evaluation of the impact, quality and value of substance use disorder prevention activities, treatment facilities and other substance use disorder …

The department shall contract for treatment services only with approved treatment facilities.

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 drug users and persons with substance use disorder. [PL 2017, c. 407, Pt. A, §37 (AMD…

1. Voluntary treatment. A drug user or person with substance use disorder may apply for voluntary treatment directly to an approved treatment facility. 2. Determination. A person who comes voluntarily or is brought to an approved treatment facility for residential care and treatm…

1. Registration and records. Registration and other records of treatment facilities must remain confidential and are privileged to the patient. 2. Information for research. Notwithstanding subsection 1, the commissioner may make available information from patients' records for pu…

1. Hours of visitation. Subject to reasonable rules regarding hours of visitation that the commissioner may adopt, patients in any approved treatment facility must be granted opportunities for adequate consultation with counsel and for continuing contact with family and friends c…

1. Payment. If treatment is provided by an approved treatment facility and the patient has not paid the charge for that treatment, the treatment facility is entitled to any payment received by the patient or to which the patient may be entitled because of the services rendered, a…

1. Laws. A county, municipality or other political subdivision may not adopt or enforce a local law, ordinance, regulation or rule having the force of law that includes drinking or being found in an intoxicated condition as one of the elements of an offense giving rise to a crimi…

The department shall develop and fund housing-based programs employing evidence-based strategies in a holistic approach to recovery for vulnerable families affected by substance use disorder. The programs must treat mothers affected by substance use disorder who have at least one…

No later than October 1, 2018, the department shall ensure that a continuum of evidence-based treatment and recovery support services for opioid use disorder is accessible to all people in this State through contracts with hubs and spokes. Hub providers may refer patients to spok…

Beginning July 1, 2022, recovery residences must be certified pursuant to the requirements established in section 20005, subsection 22, to receive: [PL 2021, c. 472, §1 (NEW).] 1. Contracts. Any department contract for a recovery residence or services related to the recovery resi…

1. Recovery residences for families. The Maine State Housing Authority shall make funds available for the acquisition of land or real property to support the creation of certified recovery residences under sections 20054 and 20057 that provide services to parents or guardians rec…

1. Members. The Substance Use Disorder Services Commission, as established by section 12004‑G, subsection 13‑C, consists of 19 members. 2. Qualifications. To be qualified to serve, members must have education, training, experience, knowledge, expertise and interest in substance u…

1. Calling meetings. The commission shall meet at the call of the chair or at the call of at least 1/4 of the members appointed and currently holding office. 2. Frequency of meetings. The commission shall meet at least 6 times a year and at least once every other month. 3. Minute…

The commission, in cooperation with the department, has the following duties. [PL 2011, c. 657, Pt. AA, §44 (AMD).] 1. Oversee office. 1-A. Advise the department. The commission shall advise the department in the development and implementation of significant policy matters relati…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 601, §28 (NEW).] 1. Alcohol-related or other drug-related motor vehicle incident. "Alcohol-related or other drug-related motor vehicle incident" means…

The Driver Education and Evaluation Programs are established in the department. The Driver Education and Evaluation Programs shall administer the alcohol and other drug education, evaluation and treatment programs as provided in this chapter. The department shall certify to the S…

General Fund appropriations for the Driver Education and Evaluation Programs may not exceed $1,700,000 in any fiscal year.

The department shall design programs and components that are age-appropriate and therapeutically appropriate. The department shall adopt rules regarding requirements for these programs and components and any other rules necessary to implement this subchapter. Rules adopted pursua…

A Driver Education and Evaluation Programs private practitioner or a counselor employed by a substance use disorder treatment facility approved or licensed by the department providing services under this subchapter may not provide both treatment services and evaluation services f…

All providers of the evaluation, intervention and treatment components of the Driver Education and Evaluation Programs must be certified by the department pursuant to section 20005, section 20024, section 20073‑B and this subchapter. The certification period for individual provid…

The department shall set fees in accordance with the cost of each program. All fees must be transferred to the General Fund. The department may waive all or part of any fee for a client who provides sufficient evidence of inability to pay.

Beginning in 1992, the commissioner shall report annually by February 1st to the joint standing committee of the Legislature having jurisdiction over human resource matters regarding the department's activities under this subchapter. A copy of the report must be sent to the Execu…