Sec. 1. 5 MRSA §20042, as amended by PL 1991, c. 601, §20, is repealed and the following enacted in its place:

§20042.__Standards

The office shall contract for treatment services only with approved treatment facilities.

Sec. 2. 5 MRSA §20042-A is enacted to read:

§20042-A.__Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Chemically dependent person.__"Chemically dependent person" means a person who has developed a disease process characterized by the continued use of a specific psychoactive substance or alcohol that causes physical, psychological or social harm to that person.

2. Incapacitated person.__"Incapacitated person" means a chemically dependent person who, as a result of the person's use of alcohol or other drugs, is substantially impaired in the person's ability to control or regulate that person's own behavior and whose specific overt acts pose an immediate risk of a present and substantial threat of physical harm to that person.

Sec. 3. 5 MRSA §20043, as amended by PL 1991, c. 601, §20, is further amended to read:

§20043. Acceptance for treatment of alcoholics, chemically

dependent persons, drug abusers, drug addicts,

drug-dependent persons, incapacitated persons and

intoxicated persons

The office shall adopt rules for acceptance of persons into a treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, chemically dependent persons, drug abusers, drug addicts and, drug-dependent persons, incapacitated persons and intoxicated persons.

In establishing rules, the office must be guided by the following standards.