Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 252 - SYRINGE SERVICES PROGRAMS RULE
Section 144-252-1 - GENERAL DEFINITIONS

1. Applicant means each individual who signs the application for certification of a Syringe Services Program (SSP or Program). The applicant must be the individual who has the ultimate responsibility for ensuring that a Program operates in compliance with this rule.

2. Administrator means a person having the authority and responsibility for the operation of the Syringe Services Program and for staff performance.

3. Certification Review Team means the stakeholder group charged with reviewing SSP applications that may consist of representatives from the following groups, or their appointees: the HIV/STD program and/or the Epidemiology Program of the Department of Health and Human Services Maine Center for Disease Control and Prevention (Maine CDC); the Department of Health and Human Services Office of Behavioral Health; the Maine Association of Chiefs of Police; the Maine Department of Public Safety; the Maine Department of Labor Bureau of Labor Standards; the Maine Drug Enforcement Agency; HIV Prevention Service Providers and Consumer representatives. The director of the Maine CDC or his/her designee will appoint appropriate members of the Certification Review Team for the purpose of reviewing applications for certification of Syringe Services Programs.

4. Consumer means a person eighteen (18) years of age or older who receives Syringe Services.

5. Consumer Education and Referral Plan means a written plan for the education of Consumers on: the prevention and treatment of HIV, Viral Hepatitis and other blood borne pathogens, substance use disorder treatment and a written plan for how referrals to appropriate services will be made. The plan will include a list of referrals to substance use disorder treatment providers, social service providers, and HIV and Viral Hepatitis service and treatment providers available in the area the Syringe Services Program serves.

6. Consumer Confidentiality Protocol means a written protocol which strictly limits the disclosure of Consumer identification information and Consumer HIV status.

7. Commissioner means the person who heads the Department of Health and Human Services.

8. Department means the Maine Department of Health and Human Services Maine Center for Disease Control and Prevention (Maine CDC).

9. Documented means written, signed and dated.

10. Exchange Event means the Consumer's visit to a Syringe Services Program to exchange one or more used syringes for new syringes or to receive any other Syringe Services.

11. Hypodermic Apparatus means a syringe used with a hollow needle for the injection of material beneath the skin.

12. Needle or Syringe Disposal Plan means a written plan which describes a coordinated program for the terminal disposal and incineration of used syringes in compliance with the Occupational Safety and Health Administration's guidelines regarding Occupational Exposure to Blood borne Pathogens and the Safe Discarding and Containment of Contaminated Sharps under 29 CFR § 1910.1030.

13. New Enrollee means a person eighteen (18) years of age or older who enrolls into a Syringe Services Program for the first time. If a Consumer exits or is disenrolled from a Syringe Services Program and re-enrolls at a later time he/she will be considered a "New Enrollee."

14. Occupational Safety and Health Administration means (OSHA).

15. Policies means written standards that govern the provisions of Syringe Services.

16. Policy and Procedures Manual means the a written manual detailing the program's confidentiality safeguards, safety procedures, blood borne pathogen exposure protocols, referral services for Consumers, complaint procedures, Consumer enrollment and termination guidelines, procedures for implementing all program operating requirements listed in Section 2, E, (Operating Requirements) and all other policies and procedures necessary for the safe and lawful operation of a Syringe Services Program.

17. Procedures means the specific, written directions to accomplish policies.

18. Program means a Certified Syringe Services Program including all staff.

19. Program Data Collection Protocols means written data collection instruments for recording the following information: demographic information of all Consumers including age, race, ethnicity, sex and gender; the number of syringes collected, distributed and disposed of at each site; the number of Consumers receiving syringe services; the number of referrals made to HIV service and treatment providers; the number of Consumers who received an HIV test through the Administrator; the number of referrals made to substance use disorder treatment providers; the number of new enrollees receiving new syringes without exchange at enrollment; and the number of syringes distributed to new enrollees without exchange at enrollment. This data must be provided to the Maine CDC annually, or as often as the Maine CDC may deem necessary.

20. Protocols means the written guidelines that define the limits and extent of practice of the staff of a Syringe Services Program.

21. Public Notice means written notice to law enforcement, substance use disorder treatment providers, HIV prevention service providers, and local governing bodies of a Program's intent to establish and maintain an HIV prevention Syringe Services Program in a community, including an explanation of the HIV prevention goals of the Program and an invitation to participate in the implementation of the local Program.

22. Signature means at least the first initial and full surname and title (for example, S. Jones, R.N.) of a person, legibly written, generated by computer with authorization safeguards, or communicated by a facsimile communications system (FAX) followed by the original.

23. Site means the location (s) or venue(s) where Syringe Services are offered to consumers.

24. Staff means anyone involved in providing Syringe Services on behalf of a Program.

25. Staff Training Plan means a written plan in compliance with the Occupational Safety and Health Administration's guidelines regarding Occupational Exposure to Blood borne Pathogens and the Safe Discarding and Containment of Contaminated Sharps under 29 C.F.R. § 1910.1030 and the Maine CDC Privacy Policy..

26. Staff List means an up-to-date written list of the names, addresses, and dates of birth of all staff involved in a Syringe Services Program which must be maintained at the Administrator's office.

27. Syringe means the same as "hypodermic apparatus" as that term is used in 22 MRS §1341 and is defined at Section 1(11)) of this rule.

28. Syringe Services means "hypodermic apparatus exchange" as defined in 22 MRS §1341 and may include, but is not limited to, receiving new syringes, referrals, and educational materials about prevention, treatment, and proper disposal of syringes.