14- 118 C.M.R. ch. 2, § A
Abuse: Use of alcohol or other drugs that may result in harm to oneself or another. As a diagnosis, substance abuse refers to meeting the criteria for a DSM IV Substance Abuse diagnosis.
Aftercare: A plan or service that provides continued contact to support and increase the gains made in earlier treatment.
Alcohol-related or Other Drug-related Motor Vehicle Incident: A conviction or administrative action resulting in the suspension of a motor vehicle operator's license for a violation under former Title 29, section 1311-A; section 1312-B; section 1312, subsection 10-A; section 1312-C; section 2241-G, subsection 2, paragraph B, subparagraph (2); section 2241-J; section 1313-B; or section 2241- subsection 1, paragraph N; and under Title 29-A section 1253; section 2411; section 2453; section 2454, subsection 2; section 2456; section 2457; section 2472 subsection 3, paragraph B and subsection 4; or Title 29-A, section 2503; sections 2521 to 2523 or section 2525 or the rules adopted by the Department of the Secretary of State for the suspension of commercial drivers' licenses.
Applicant: Any individual, partnership, corporation, association or organization who has submitted a written application to be approved, certified, as a DEEP provider of evaluation and/or treatment services.
Approved Private Provider or Program: A Private Provider approved by the Office or Program approved by the Department of Health and Human Services to provide clinical substance abuse evaluations and/or treatment services to DEEP clients.
ASAM Placement Criteria: The American Society of Addiction Medicine Patient Placement Criteria, Second Edition - Revised April 2001 (ASAM PPC-2R): comprehensive national guidelines for placement, continued stay, and discharge of patients with alcohol and other drug problems.
Case Record: A unified, comprehensive collection of information concerning a client receiving substance abuse services.
Certificate of Approval: A Certificate issued by the Office to a DEEP Private Provider that indicates satisfactory compliance with applicable regulations.
Client: A person who is required to complete one of the Driver Education and Evaluation Programs for an alcohol or other drug-related motor vehicle incident and has completed program registration.
Clinical Hour: Sixty minutes consisting of a fifty-minute session during which the client receives evaluation services or treatment services for the purpose of attaining treatment goal(s) and ten minutes for administrative responsibilities. Activities and/or interaction for the purpose of attaining treatment goal(s) counted as a session or for which the clinician receives compensation shall be accomplished in the presence of the client.
Clinical Staff: State licensed or certifiedpersonnel who are directly involved in client care and treatment.
Clinical Substance Abuse Evaluation: The results of a two to four clinical hour process conducted by an approved community-based Program or Private Provider to provide clinical information upon which the Office will determine the condition of a client in relation to his or her need for alcohol or other drug treatment, also referred to as evaluation. The clinical substance abuse evaluation is intended to determine (1) whether evidence of a substance abuse problem exists, (2) by the use of various tests and interview techniques whether an individual is a risk to recidivate, and (3) whether to refer a client who has displayed evidence of abuse or a risk to recidivate to an approved Community-based Service Provider for treatment.
Community-based Service Provider: A Private Provider or Program that provides the treatment component or the evaluation component, or both, of the Driver Education and Evaluation Programs approved, certified or licensed under 5 MRSA sections20005, 20073-B, and/or 20075.
The term Community-based Service Provider is used within these rules to mean all Community-based Service Providers, Programs and Private Providers as defined under these regulations.
Completion of Treatment Guidelines: The guidelines adopted by the Office that recommend the modality and length of treatment based upon the phase of alcohol or other drug abuse experienced by the client.
Compliance: In accordance with the intent of the regulation.
Concerned Person: A family member, relative or other person with a close personal relationship to the client whom the Community-based Service Provider approves, also known as "significant other."
Conditional Certificate: The certificate issued when an applicant's failure to meet the requirements of these regulations may jeopardize the health or safety of clients. This Certificate shall be issued for a specific period, not to exceed one year, or the remaining period of the previous Certificate. The Certificate shall specify what and when corrections must be made in order to continue to operate.
Contact Hour: Fifty-minute session for the purpose of providing individual and/or group services designed to support and increase gains made in earlier treatment. Contact hours for the purpose of receiving aftercare shall be accomplished in the presence of the client.
Counseling: The interaction between a skilled counselor and a client for the purpose of facilitating the client's better understanding of self and environment. Counseling results in the establishment and clarification of goals for future behavior, and is based upon an objective, individualized treatment plan derived from an assessment of the treatment needs of the client.
DEEP: The Driver Education and Evaluation Programs.
Director: The Director of the Office of Substance Abuse or her/his designee.
Documentation: A written record acceptable as evidence to substantiate compliance with these regulations.
Diagnostic and Statistical Manual of Mental Disorders: A manual used by the treatment community to diagnose substance-related disorders/mental disorders, also referred to as the DSM and DSM IV.
Driver Education and Evaluation Programs: The programs for first and multiple offenders under 21 years of age at the time of the incident who have not attained 21 years of age at the time they register for a program, first and multiple offenders under 21 years of age at the time of the incident who have attained 21 years of age at the time they register for a program, first offender adults, multiple offender adults, out-of-state, and military clients are as follows:
Driver Education and Evaluation Programs Appeals Board: The three member board established by 5 MRSA12004-G, Sub-15-A, described in 5 MRSA20078-A, and empowered to hear and decide appeals, also referred to as Board of Appeals, or Board.
Driver Education and Evaluation Programs Office: The unit within the Office of Substance Abuse that has the responsibility for administering and providing the Driver Education and Evaluation Programs.
Driver Education and Evaluation Programs Private Provider: An individual approved as a Driver Education and Evaluation Programs referral source after certification by the Office following determination of compliance with current regulation, also referred to as a Private Provider.
Evaluator: An approved Community-based Service Provider conducting clinical substance abuse evaluations in accordance with these regulations.
Federal Confidentiality Regulations: Rules and regulations regarding confidentiality of an alcohol and drug abuse patient record, 42 Code of Federal Regulations Part 2.
Fee Schedule: A list of charges for services.
First Offender: A client who has no previous alcohol-related or other drug-related motor vehicle incident within a ten (10) year period.
First Offender Adult: A person who has attained 21 years of age on the date of the incident for which the person is registering for the Driver Education and Evaluation Programs and who has no previous alcohol or other drug-related motor vehicle incident within a ten (10) year period.
Intensive Outpatient: A Program that consists of a structured sequence of multi-hour clinical and educational sessions, scheduled for three or more days per week with a minimum of nine hours per week.
May: Verb used to reflect an acceptable method that is recognized, but not necessarily preferred or mandatory.
Moving Ahead Program: The ten (10) hour program for first and multiple offenders under 21 years of age at the time of the incident who have not attained 21 years of age at the time they register for a program that consist of an educational component, preliminary assessment, and referral for evaluation, and, if necessary, treatment. As of July 1, 2005 the Moving Ahead Program was replaced by Under 21 Program.
Multiple Offender: A client who has more than one alcohol-related or other drug-related motor vehicle incident within a ten (10) year period or has a previous alcohol or other drug-relatedincident prior to the 10-year period for which the client has not completed a Driver Education and Evaluation Program as established in 5 MRSA section20072.
Negative Finding: The result of a clinical substance abuse evaluation that determines that a client does not have an alcohol or other drug problem requiring treatment.
Office: The Office of Substance Abuse.
Office of Substance Abuse: That unit within the Department of Health and Human Servicesthat has administrative responsibility for the Driver Education and Evaluation Programs unit, also referred to as OSA.
OSA: The Office of Substance Abuse.
Outpatient Care: A component that provides nonresidential diagnostic and treatment services.
Peer Supervision Group: A peer supervision group consists of a group of three or more clinicians who are licensed and qualified under the criteria set forth under Section B.3. meeting for the purpose of providing one another with clinical supervision.
Policy: A statement of the principles that guide and govern the activities, procedures and operations of a Program or Private Provider.
Positive Finding: The result of a clinical substance abuse evaluation that determines that a client has an alcohol and/or other drug problem requiring treatment.
Positive Finding - In Remission: The results of a clinical substance abuse evaluation that determines that the client has an alcohol or other drug problem for which he/she has received treatment sufficient to comply with the completion of treatment as defined in Section A, Satisfactory Completion of Treatment.
Preliminary Assessment: The standardized assessment administered during the Driver Education and Evaluation Programs for the purpose of identifying a potential alcohol and/or other drug problem that warrants further evaluation and/or treatment.
Previous Alcohol or Other Drug-Related Motor Vehicle Incident for those with an OUI offense: One (1) or more alcohol or other drug related motor vehicle offenses as listed in Section A under alcohol-related or other drug-related motor vehicle incident that has occurred within ten (10) years. The ten (10) year period will be:
Private Provider: A Community-based Service Provider operating a private practice who is applying to be, or has been approved by the Office under 5 MRSA sections20005, 20073-B and/or 20075 to provide the treatment component or the evaluation component, or both of the Driver Education and Evaluation Programs.
The term Private Provider is used within these rules to mean only that individual defined above who operates a private practice.
Program: A Community-based Service Provider certified and/or licensed by the Department of Health and Human Services consisting of a combination of Governing Authority/Management and one or more other components conducted in a residential or nonresidential setting. A Program is a general term for an organized system of service designed to address the evaluation and/or treatment needs of clients.
Program Administrator - An individual responsible for administration of the Under 21 and/or the Risk Reduction Program through supervision of instructors and ensuring that the programs function as required in accordance with course outlines using the curriculum materials as specified by the Office. The Program Administrator must have five (5) years of experience as an educator, supervisor and/or trainer in the substance abuse treatment and/or prevention field. Preference may be given to a Maine licensed alcohol and drug counselor (LADC).
Program Instructor: An individual responsible for instructing the Under 21 and/or Risk Reduction Program. The Program Instructor must have two (2) years of experience as a trainer and educator in the substance abuse treatment and/or prevention field.
Provisional Certificate: A Certificate issued when an applicant is not eligible for a full Certificate, but the health and well-being of clients are not jeopardized.
Residential Rehabilitation: A Program that provides substance abuse treatment services in a full (24 hour) residential inpatient setting.
Risk Reduction Program: The twenty (20) hour program for first offender adults, first and multiple offenders under 21 years of age on the date of the incident who have attained 21 years of age at the time they register for a program, and multiple offender adults that consist of an educational component, preliminary assessment, and referral for evaluation, and, if necessary, treatment.
Satisfactory Completion of the Clinical Substance Abuse Evaluation: Timely attendance at all required sessions and compliance with all reasonable requirements that are an ordinary part of the clinical substance abuse evaluation.
Satisfactory Completion of the Completion of Treatment Other Than the Driver Education and Evaluation Program: The individual has satisfied the requirement for completion of treatment as defined in 5 MRSA section20071 by means other than a program pursuant to 5 MRSA section20073-B.
Satisfactory Completion of the Driver Education and Evaluation Program for first offender adults, first and multiple offenders under 21 years of age on the date of the incident who have attained 21 years of age at the time they register for a program, and multiple offender adults: Timely attendance at all scheduled sessions and full compliance with any clinical substance abuse evaluation and/or treatment requirements imposed as the result of the preliminary assessment and/or the clinical substance abuse evaluation of the Risk Reduction Program.
Satisfactory Completion of the Driver Education and Evaluation Program for first and multiple offenders under 21 years of age at the time of the incident who have not attained 21 years of age at the time they register for a program: Timely attendance at all scheduled sessions and full compliance with any clinical substance abuse evaluation and/or treatment requirements imposed as the result of the preliminary assessment and/or the clinical substance abuse evaluation of the Under 21 Program or the former Moving Ahead Program.
Satisfactory Completion of the Military Program: Completion of all education, evaluation and/or treatment as required by the military and Driver Education and Evaluation Programs.
Satisfactory Completion of the Out-of-State Program: Completion of all education, evaluation and/or treatment as required by the state of residency and Driver Education and Evaluation Programs
Satisfactory Completion of Treatment: Completion of treatment, for the purpose of recommendation by the Office to the Secretary of State concerning restoration of the driver's license to the client means, that the individual has responded to treatment to the extent that there is a substantial probability that the individual will not be operating under the influence. This substantial probability may be shown by:
Second Opinion Evaluation: A clinical substance abuse evaluation that is required by 5 MRSA §20078-A, sub-§ 6- ¶B when the client attends a DEEP program and contests the clinical substance abuse evaluation or completion of treatment decision. Subject to the provisions of Section H, the second opinion evaluation is to determine if the individual has an alcohol or other drug problem that requires treatment, or if the client has, as a result of receiving treatment, met the criteria for completion of treatment.
Shall: Verb used to indicate a mandatory procedure, the only acceptable method under these regulations.
Should: Verb used to reflect the preferable procedure, yet allowing for the use of effective alternatives.
Significant Other: A family member, relative or other person with a close personal relationship to the client whom the Community-based Service Provider approves, also known as "concerned person."
Site: Physical location of a substance abuse Program or Private Provider.
State Dependent Learning: An experience during which what is learned in a chemically-altered state is most easily accessible and most intense when the person is back in that same chemically-altered state.
Status Update Evaluation: A clinical substance abuse evaluation to determine if the client has met the criteria for Satisfactory Completion of Treatment.
Substance Abuse: The use of alcohol or other drugs, licit or illicit, which results in an individual's physical, emotional, mental, or social impairment.
Tolerance: The need for greatly increased amounts of a substance to achieve intoxication (or the desired effect) or a markedly diminished effect with continued use of the same amount of substance. (DSM IV)
Training: Special schools, workshops and other opportunities for Program staff and Private Providers intended to:
Treatment: The broad range of planned and continuing services, counseling, medical, psychiatric, psychological and social service care that may be extended to the client and influences the behavior of such individuals toward identified goals and objectives.
Treatment Plan: A written plan, based on the clinical substance abuse assessment data that identifies the client's clinical needs, the strategy for providing services to meet those needs, treatment goals and objectives, and the criteria for terminating specific interventions. The treatment plan shall include specification and description of the indicators to be used to assess the individual's progress.
Under 21 Program: The sixteen (16) hour program for first and multiple offenders under 21 years of age at the time of the incident who have not attained 21 years of age at the time they register for a program. The Under 21 Program consists of education and preliminary assessment and may result in a referral for evaluation, and, if necessary treatment.
Update: A dated and signed review of a report, plan or program on a planned schedule, with or without revision.
14- 118 C.M.R. ch. 2, § A