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Terms Used In Maine Revised Statutes Title 5 Sec. 20024

  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Standards: means criteria and rules of the department that are to be met before and during operation of any treatment facility or treatment program. See Maine Revised Statutes Title 5 Sec. 20003
  • Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 5 Sec. 20003
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 subchapter 5. The department shall fix and collect the fees for the inspection and certification and shall maintain a list of approved public and private treatment facilities. [PL 2011, c. 657, Pt. AA, §33 (AMD).]
Upon request by the department, each approved public and private treatment facility must provide data, statistics, schedules and information that the department reasonably requires. The commissioner may remove a facility that fails to provide such information from the list of approved facilities. [PL 2011, c. 657, Pt. AA, §33 (AMD).]
An approved public or private treatment facility may not refuse inspection or examination by the department under this section. [PL 2011, c. 657, Pt. AA, §33 (AMD).]
Procedures to decertify any facility or to refuse certification are governed by the Maine Administrative Procedure Act. [PL 1991, c. 601, §19 (NEW).]
A treatment facility or program that receives and maintains accreditation from a national accrediting body approved by the department must be deemed in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this paragraph in response to a complaint against the facility or program. [PL 2011, c. 145, §1 (NEW).]
SECTION HISTORY

PL 1989, c. 934, §A3 (NEW). PL 1991, c. 601, §§18,19 (AMD). PL 1991, c. 850, §5 (AMD). PL 2011, c. 145, §1 (AMD). PL 2011, c. 657, Pt. AA, §33 (AMD).