| | | 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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