C.M.R. 10, 144, ch. 123, PURPOSE AND APPLICABILITY - PURPOSE AND APPLICABILITY

A. Purpose: This rule consolidates requirements for the licensing of mental health and substance use disorder programs and related residential treatment services. Because behavioral health programs often deliver a variety of mental health, substance use disorder, and integrated treatment services provided in diverse settings by an array of qualified professionals, one consolidated licensing rule for behavioral health programs will assist providers who are licensed to provide a variety of services. This consolidated rule replaces three repealed rules in the Code of Maine Rules (CMR). These three repealed rules were:

1. 14-193 CMR Ch. 6, Licensing of Mental Health Facilities;

2. 14-193 CMR Ch. 6A, Licensing of Mental Health Facilities: PNMI; and

3. 14-118 CMR Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs.

Upon the effective date of this rule, licensees previously regulated under the provisions of one of the above-listed repealed rules are subject to the Behavioral Health Organizations Licensing Rule.

B. Applicability:

1. The Department licenses organizations providing clients with mental health services, substance use disorder treatment services, integrated treatment services, and treatment as defined in 34-B M.R.S. §6201(3).

2. Specific organizations requiring licensure as set forth in this rule are more fully set out in Sections 22 and 23, but provide the following services:

a. Community support and integration mental health services, including but not limited to case management services, community rehabilitation services, Assertive Community Treatment, community integration services, psychosocial clubhouse services, day supports, intensive community integration, skills development, daily living skills, and direct skill teaching;

b. Community support and integration substance use disorder services, including but not limited to case management services funded under 10-144 CMR Ch. 101, MaineCare Benefits Manual;

c. Crisis mental health services or crisis substance use disorder services, including but not limited to triage, safety assessments, supportive counseling or crisis/relapse plan development, and follow up;

d. Outpatient mental health services, including but not limited to psychological assessment, outpatient therapy, outpatient counseling, geriatric psychiatric services, sex offender treatment, trauma recovery services, specialized group services, family psychoeducational treatment, and medication management;

e. Outpatient substance use disorder services, including but not limited to intensive and structured treatment services; clinical services; educational groups; screening, brief intervention and referral; scheduled or emergency services; counseling; and referral for services;

f. Residential mental health services for adults, including but not limited to rehabilitative and support interventions with a focus on activities of daily living, medication management, medication self-administration, independent living skills, recovery, community inclusion and supports services, clinical treatment;

g. Residential substance use disorder services for adults, including but not limited to diagnostic services, educational services, counseling services, provision of medication for opioid use disorders, medically supervised withdrawal programs;

h. Integrated treatment services, including community support and integration, crisis, outpatient, and residential; and

i. Rehabilitative and community services for children with cognitive impairments and functional limitations funded under 10-144 CMR Ch. 101, MaineCare Benefits Manual.

3. This rule does not apply to Children's Residential Care Facilities licensed under 10-148 CMR Ch. 35, Children's Residential Care Facilities Licensing Rule.

Notes

C.M.R. 10, 144, ch. 123, PURPOSE AND APPLICABILITY