| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §20054 is enacted to read: |
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| §20054.__Oversight and licensing of treatment facilities and |
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| | 1.__Examination.__The office shall periodically enter, inspect | and examine an approved treatment facility or treatment 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 | section 20071.__The office shall fix and collect the fees for the | inspection and approval and shall maintain a list of approved | treatment facilities. |
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| Upon request by the office, each approved treatment facility | shall provide data, statistics, schedules and information that | the office reasonably requires.__The director may remove a | treatment facility that fails to provide such information from | the list of approved treatment facilities. |
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| An approved treatment facility may not refuse inspection or | examination by the office under this section. |
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| Procedures to revoke the approval of any approved treatment | facility or to refuse approval of any treatment facility are | governed by the Maine Administrative Procedure Act. |
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| | 2.__Licensing certain clinics.__In licensing substance abuse | clinics that administer or distribute pharmaceuticals on site, | the office shall apply additional requirements to the operation | of such clinics and to the licensing procedure for such clinics.__ | The office shall adopt routine technical rules as defined in | chapter 375, subchapter 2-A to ensure these requirements are met.__ | These additional requirements must include the following: |
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| A.__The office when issuing a license shall consider the | need for such a clinic in the area where the license is | sought.__The license may only be issued when the 4-year | assessment required under section 20009 indicates that there | is a clear, substantiated need for a treatment clinic in the | area to be served by the clinic; and |
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| B.__When a person, agency or corporation, whether for profit or | not for profit, makes application to the office for a license, | the office shall, within 5 working days, notify the municipal | clerk in the municipality in which the clinic is proposed to be | operated.__The office shall work with the municipality to | establish a local advisory committee that |
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