12 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2005-044 DEPARTMENT OF COMMUNITY HEALTH

MENTAL HEALTH AND SUBSTANCE ABUSE PROGRAM ADMINISTRATION

 

SUBSTANCE ABUSE SERVICE PROGRAM

 

Filed with the Secretary of State on

These rules take effect immediately after filing with the Secretary of State

 

(By authority conferred on the director of the department of community health by section 6231 of 1978 PA 368, MCL 333.6231 and Executive Reorganization Order Nos. 1991-3, 1996-1, and 1997-4, MCL

333.36321, 330.3101, and 333.26324)

Draft January 30, 2006 R 325.14101, 325.14102 and R325.14103 of the Michigan Administrative Code are amended as

follows:

 

R 325.14101 Definitions; A to D. Rule 101. As used in these rules:

(a)    "Act" means Act No. 368 of the Public Acts of 1978, as amended, being S333.1101 et seq. of the Michigan Compiled Laws 1978 PA 368, MCL 333.1101 et seq.

(b)    "Administrative record" means the formal written documents that record administrative actions of a governing authority, including minutes of meetings, resolutions, and guidelines.

(c)    "Admission" means the point at which an individual is formally accepted into a substance abuse service program and services are initiated.

(d)    "Aftercare" means the process of providing continued services to a client which support and increase the gains made during treatment.

(e)    "Casefinding" means the process of systematically interacting with the community for the purposes of identifying persons in need of services, alerting persons and their families to the availability of services, locating needed services, and enabling persons to enter the service delivery system.

  (f) "Casefinding--organizational development" means planned efforts designed to change specific community or organizational conditions so that the probability increases that persons with substance use  problems will obtain appropriate treatment. The targets of organizational development activity are those various institutions and groups existing in each community which are not currently integrated into the substance abuse service delivery network.

(f)(g) "Casefinding--screening and assessment, referral, follow-up" or "SARF" means the performance of a range of activities necessary to make preliminary assessments of problems. The object of these activities, which may include interviews, psychological tests, and other diagnostic or assessment tools, is to effect referrals to appropriate treatment or assistance resources if indicated.

 

 

(g) (h) "Detoxification treatment" means a medically acute or subacute, systematic reduction of the amount of a drug in the body, or the elimination of a drug from the body concomitant with supportive treatment services.

(h)(i) "Discharge" means the point at which the client's active involvement with a substance abuse service is terminated and the program no longer maintains active responsibility for services to the client.

 

R 325.14102 Definitions; F to Q. Rule 102. As used in these rules:

(a)    "Follow-up" means activities designed to determine the present status of persons previously discharged by a program or referred by that program to services from another program.

(b)    "Full time" means employment of not less than 35 hours per week.

(c)    "Inpatient care" means substance abuse treatment services that are provided to persons within a hospital setting under medical supervision.

Inpatient care may include both emergency services and nonemergency services.

(d)    "Intimate parts" means the primary genital area, groin, inner thigh, buttock, or female breast of a human being.

(e)    "Maintenance treatment" means the use of relatively stable dosages of the drugs methadone, levo- alpha-acetylmethadol (LAAM), or propoxyphene napsylate (Darvon-N) as oral substitutes for heroin or other morphine-like drugs for an individual dependent on heroin on a continuing basis for more than 21 days and in conjunction with the provision of appropriate rehabilitative social and medical services.

(f)    "Methadone treatment" means chemotherapy using the drugs methadone or LAAM (levo-alpha- acetylmethadol) as rehabilitation tools in conjunction with other treatment and rehabilitation care.

(g)    "Outpatient care" means scheduled, periodic care, including diagnosis and therapy, in a nonresidential setting. Correctional institutions are considered nonresidential settings.

(h)    "Prevention" means services that reduce the risk that an individual will develop problems which might require that the individual he or she enter the substance abuse treatment system.

(i)  "Prevention-alternatives" means providing planned non-treatment personal growth activities which are designed to help a participant meet his or her own personal needs and to reduce his or her risk of  developing problems which might require that he or she enter the substance abuse treatment system.

(i) (j) "Prevention CAIT" means a prevention service that provides at least 1 of the following services:

(i)    Community change.

(ii)    Alternatives.

(iii)    Information.

(iv)    Training.

(j)(k) "Prevention-community change" means planned efforts which are designed to change specific conditions so as to reduce the probability that substance use problems will occur among residents of the community.

(k) (l) "Prevention-information" means providing information to the public which is designed to reduce the risk that an individual will develop problems which might require that he or she enter the substance abuse treatment system.

(l)(m) "Prevention-problem assistance" means helping a person with an acute personal problem involving or related to substance abuse to reduce the risk that the person might be required to enter the substance abuse treatment system.

(m)(n) "Prevention-training" means providing activities which are designed to improve the personal and social skills of a person who wishes to avoid substance use problems or who is in a position to help others avoid problems with substance use.

 

 

(n)   (o) "Program director" means an individual who is appointed by the governing authority of the program or its authorized agent to act on its behalf in the overall management of the program.

(o) (p) "Qualified handicapped," in relation to employment, means a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question. In relation to substance abuse services, "qualified handicapped" means a handicapped person who meets the eligibility requirements for the receipt of substance abuse services.

 

R 325.14103 Definitions; R to T. Rule 103. (1) As used in these rules:

(a)    "Recipient" means an individual who receives services from a licensed substance abuse program in the state of Michigan. "Client" is synonymous with "recipient" when used in these rules.

(b)    "Recipient abuse" means either of the following:

(i)    An intentional act by a staff member which inflicts physical injury upon a recipient or which results in sexual contact with a recipient.

(ii)    A communication made by a staff member to a recipient, the purpose of which is to curse, vilify, intimidate, or degrade a recipient or to threaten a recipient with physical injury.

(c)    "Recipient neglect" means that a recipient suffers injury, temporarily or permanently, because the staff or other person responsible for the recipient's health or welfare has been found negligent.

(d)    "Residential care" means substance abuse services that are provided in a full or partial residential setting. Such services may be supplemented with diagnostic services, counseling, vocational rehabilitation, work therapy, or other services which are judged to be valuable to clients in a therapeutic setting.

(e)    "Sexual contact" means the intentional touching, by a staff member, of the recipient's intimate parts or the intentional touching of the clothing covering the immediate area of the recipient's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification.

(f)    "Staff" means an individual who is not a client and who works, with or without remuneration, for a licensed substance abuse program.

(g)    "Substance abuse program" means a public or private firm, association, organization, or group offering or purporting to offer specific substance abuse treatment, rehabilitation, casefinding, or prevention services. "Program" is synonymous with "substance abuse program" when used in these rules. Substance abuse program does not mean to include those activities necessary for the purposes of determining eligibility, authorizing and/or managing substance abuse services.

 

(h)    "Substance" means a chemical, including alcohol and other drugs, which, upon entering a human body, alters the body's physical or psychological status, or both. (i) "Substantial violation" means an infraction of a rule or of a provision of the act which is damaging to the intent of the rule or provision of the act and which may be evidenced by any 1 of the following:

(i)    The violation is continuing, repetitive, intentional, or has proved damaging to specific clients.

(ii)    The violation is likely to result in damage to clients.

(iii)    The violation is likely to retard or prevent progress in client rehabilitation.

(iv)    The violation does not closely conform to essential components of a rule.

(j)    "Termination" means the point at which the client's active

involvement with a substance abuse service is discontinued by the program and the program no longer maintains active responsibility for services to the client.

(k)    "Triage" means the prompt evaluation of all incoming patients to determine the nature of t he problem and the level of urgency, to identify the kind of service needed, and to assign for attention.

 

 

(2)   The terms defined in the act have the same meaning when used in these rules.