SP0618, LD 1682, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 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 Prevention and , Treatment and Recovery Act."

Sec. 2. 5 MRSA §20002, sub-§1, as amended by PL 2007, c. 116, §1, is further amended to read:

1. Integrated and comprehensive approach. To adopt an integrated approach to the problem of alcohol and other drug abuse and to focus all the varied resources of the State on developing a comprehensive and effective range of alcohol and other drug abuse prevention and , treatment and recovery activities and services;

Sec. 3. 5 MRSA §20002, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §5, is further amended to read:

2. Coordination of activities and services. To establish within the Department of Health and Human Services the responsibility for planning, developing, implementing, coordinating and evaluating all of the State's alcohol and other drug abuse prevention and , treatment and recovery activities and services;

Sec. 4. 5 MRSA §20003, sub-§17-A is enacted to read:

17-A. Person recovering from a substance use disorder. "Person recovering from a substance use disorder" means an alcoholic, a drug abuser, a drug addict or a drug-dependent person.

Sec. 5. 5 MRSA §20003, sub-§19-A is enacted to read:

19-A. Recovery residence. "Recovery residence" means a shared living residence for persons recovering from a substance use disorder that: is focused on peer support; provides to its residents an environment free of alcohol and illegal drugs; and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from a substance use disorder.

Sec. 6. 5 MRSA §20005, sub-§1, as amended by PL 1991, c. 601, §6, is further amended to read:

1. State Government. Establish the overall plans, policies, objectives and priorities for all state alcohol and other drug abuse prevention and , treatment and recovery functions, except the prevention of drug traffic and the State Employee Assistance Program established pursuant to Title 22, chapter 254-A;

Sec. 7. 5 MRSA §20005, sub-§12, as amended by PL 2011, c. 657, Pt. AA, §20, is further amended to read:

12. Rules. Adopt rules, in accordance with the Maine Administrative Procedure Act, necessary to carry out the purposes of this chapter and approve any rules adopted by state agencies for the purpose of implementing alcohol or drug abuse prevention or , treatment or recovery programs.

All state agencies must comply with rules adopted by the department regarding uniform alcohol and other drug abuse contracting requirements, formats, schedules, data collection and reporting requirements;

Sec. 8. 5 MRSA §20005, sub-§20, as amended by PL 2005, c. 674, §1, is further amended to read:

20. Review policies. Review the full range of public policies and strategies existing in State Government to identify changes that would strengthen its response, identify policies that might discourage excessive consumption of alcohol and other drugs and generate new funding for alcohol and other drug services; and

Sec. 9. 5 MRSA §20005, sub-§21, as enacted by PL 2005, c. 674, §2, is amended to read:

21. List of banned performance-enhancing substances. Develop and maintain a list of banned performance-enhancing substances in accordance with Title 20-A, section 6621 . ; and

Sec. 10. 5 MRSA §20005, sub-§22 is enacted to read:

22. Certification of recovery residences. Establish by rule criteria for the certification of recovery residences. The criteria for the certification of recovery residences must be based on criteria for recovery residences developed by a nationally recognized organization that supports persons recovering from a substance use disorder. Certification of a recovery residence pursuant to this subsection is voluntary. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2-A.

Sec. 11. 5 MRSA §20008, first ¶, as amended by PL 2011, c. 657, Pt. AA, §26, is further amended to read:

The department shall establish and provide for the implementation of a comprehensive and coordinated program of alcohol and drug abuse prevention and , treatment and recovery in accordance with subchapters 2 and 3 and the purposes of this Act. The program must include the following elements.

Sec. 12. 5 MRSA §20009, first ¶, as amended by PL 2011, c. 657, Pt. AA, §29, is further amended to read:

The department shall plan alcohol and drug abuse prevention and , treatment and recovery activities in the State and prepare and submit to the Legislature the following documents:

Sec. 13. 5 MRSA §20022, first ¶, as amended by PL 2011, c. 657, Pt. AA, §31, is further amended to read:

As part of its comprehensive prevention and , treatment and recovery 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 and recovery from alcohol and other drug abuse. 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.

Sec. 14. 5 MRSA §20041, sub-§1, as amended by PL 2011, c. 657, Pt. AA, §34, is further amended to read:

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 alcohol and drug abuse prevention activities, treatment facilities , recovery services and other alcohol and other drug abuse programs.

Sec. 15. 5 MRSA §20041, sub-§2, as amended by PL 1991, c. 601, §20, is further amended to read:

2. Content of evaluation. Any evaluation of treatment facilities must include, but is not limited to, administrative adequacy and capacity, policies and treatment planning and delivery. Alcohol and drug abuse prevention and , treatment and recovery services authorized by this Act and by the following federal laws and amendments that relate to drug abuse prevention must be evaluated:

A. The Drug Abuse Office and Treatment Act of 1972, 21 United States Code, Section 1101 et seq. (1982);

B. The Community Mental Health Centers Act, 42 United States Code, Section 2688 et seq. (1982);

C. The Public Health Service Act, 42 United States Code, Section 1 et seq. (1982);

D. The Vocational Rehabilitation Act, 29 United States Code, Section 701 et seq. (1982);

E. The Social Security Act, 42 United States Code, Section 301 et seq. (1982); and

F. The federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982) and similar Acts.

Sec. 16. 22-A MRSA §206, sub-§8, as enacted by PL 2007, c. 539, Pt. N, §45, is amended to read:

8. Substance abuse prevention, treatment and recovery. The commissioner shall administer and carry out the purposes of the Maine Substance Abuse Prevention and , Treatment and Recovery Act.

Sec. 17. Rental subsidies for certified recovery residences. The Maine State Housing Authority shall develop a pilot project to provide a short-term rental subsidy to a person recovering from a substance use disorder, as defined in the Maine Revised Statutes, Title 5, section 20003, subsection 17-A, to reside in a recovery residence certified pursuant to Title 5, section 20005, subsection 22. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 18. 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 abuse prevention, treatment and recovery" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 19. 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 abuse prevention, treatment and recovery" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 20. Appropriations and allocations. The following appropriations and allocations are made.

HOUSING AUTHORITY, MAINE STATE

Rental Subsidies for Certified Recovery Residences N277

Initiative: Provides one-time funds for rental subsidies for certified recovery residences.

GENERAL FUND 2017-18 2018-19

All Other
$0 $100,000

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GENERAL FUND TOTAL $0 $100,000

’

summary

This amendment, which is the majority report of the committee, adds definitions of "person recovering from a substance use disorder" and "recovery residence" and directs the Department of Health and Human Services to establish a voluntary certification process for recovery residences. It also directs the Maine State Housing Authority to create a pilot project to provide a short-term rental subsidy to a person recovering from a substance use disorder to reside in a certified recovery residence.

It also adds recovery to substance abuse prevention and treatment in the context of activities and services under the laws addressing alcohol and drug abuse. It also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

SP0618 LD 1682	Session - 128th Maine Legislature C "A", Filing Number S-411, Sponsored by		LR 2521 Item 2
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GENERAL FUND	2017-18	2018-19
All Other	$0	$100,000

GENERAL FUND TOTAL	$0	$100,000