Sec. 10.47.01.02. Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Addiction Severity Index" means a standardized method for the assessment of adults regarding addictions severity and patient need.

(2) "Administration" means the Alcohol and Drug Abuse Administration within the Maryland Department of Health.

(3) "Administrator" means the program director of an alcohol or drug abuse facility or a health care facility.

(4) "Admission" means the documented acceptance of an applicant into a program.

(5) "Adolescent" means an individual 12-17 years old.

(6) "Alcohol abuse" means a disease that is characterized by a pattern of pathological use of alcohol with repeated attempts to control its use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial.

(7) "Alcohol dependence" means a disease characterized by:

(a) Alcohol abuse; and

(b) Physical symptoms of withdrawal or tolerance.

(8) "American Society of Addiction Medicine Patient Placement Criteria" means an instrument designed to indicate patient placement guidelines for admission, continued stay, and discharge.

(9) "Assessment" means the process of ascertaining the treatment needs of the patient regarding addiction and other social issues.

(10) "Caseload" means the number of patients for whom a drug and alcohol counselor has the responsibility for providing clinical services and case management.

(11) "Case management" means the process of coordinating and monitoring the services provided to a patient both within the program and in conjunction with other providers.

(12) "Certification" means the approval issued to a program by the Administration to provide services under this subtitle.

(13) "Child" means an individual younger than 12 years old.

(14) "Clinical director" means the individual who is responsible for the therapeutic and rehabilitative aspects and direction of a program.

(15) "Clinical staff" means the individuals employed by or associated with a program who provide treatment, care, or rehabilitation to program patients or patients' families.

(16) "Clinical supervisor" means the individual responsible for providing supervision to alcohol and drug clinical staff as clinically appropriate.

(17) "Continuous quality review" means objective and systematic monitoring and evaluation of the quality and appropriateness of patient care, the purpose of which is the improvement of that care, prevention of problems, and resolution of problems.

(18) "Controlled dangerous substance" means any drug, substance, or immediate precursor in Schedules I-V under Criminal Law Article, Title 5, Subtitle 4, Annotated Code of Maryland.

(19) Correctional Facility.

(a) "Correctional facility" means an institution overseen by the State or one of the 24 subdivisions where individuals are incarcerated.

(b) "Correctional facility" includes a jail, detention center, prison, or correctional halfway house.

(20) "Credentialing" means a process of review to determine the professional level at which an employee may practice.

(21) "Crisis intervention training" means training of staff to respond adequately to emergency situations, including:

(a) Medical emergencies;

(b) Emotional and psychological crises; and

(c) Emergencies arising from environmental circumstances such as fires, floods, terrorism, and other disasters.

(22) Critical Incident.

(a) "Critical incident" means a life, safety, or health threat involving the staff or patients participating in a program.

(b) "Critical incident" includes, but is not limited to, death or physical or sexual assault.

(23) "Critical incident report" means the documentation of a critical incident.

(24) "Department" means the Maryland Department of Health.

(25) "Detoxification" means the process of withdrawing addictive psychoactive substances from the body in a safe and effective manner.

(26) "Director" means the Director of the Administration.

(27) "Discharge plan" means a written description of specific goals and objectives to assist the patient upon leaving treatment.

(28) Dispense.

(a) "Dispense" means to deliver a controlled dangerous substance or other drug to the ultimate user by a practitioner pursuant to a lawful order of the practitioner.

(b) "Dispense" includes prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for delivery.

(29) "Documentation" means written or recorded information that is dated.

(30) "Drug" means:

(a) A controlled dangerous substance that is regulated under the Maryland Controlled Dangerous Substances Act;

(b) A prescription medication; or

(c) A chemical substance when used for unintended and harmful purposes.

(31) "Drug abuse" means a disease which is characterized by a pattern of pathological use of a drug with repeated attempts to control its use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial.

(32) "Drug dependence" means a disease characterized by:

(a) Drug abuse; and

(b) Physical symptoms of withdrawal or tolerance.

(33) "Family" means an individual's immediate relatives or significant others.

(34) "Family counseling" means a distinct discipline that utilizes accepted family system theories and intervention techniques.

(35) "Governing body" means the organizational structure that is responsible for establishing policy, maintaining quality care, and providing management and planning for the program.

(36) "Individualized treatment plan" means a written plan of action that is developed and modified to address a patient's specific service needs.

(37) "Intermediate care facility" means a facility that provides a planned regimen of 24-hour professionally directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting.

(38) "Maintenance" means medically supervised continuation of the administration of methadone, LAAM, or other drugs approved by the Administration.

(39) "Medical director" means a physician who oversees the medical practice of a program.

(40) "Methadone" means a synthetic opioid.

(41) "Nurse" means an individual who is licensed by the State Board of Nursing to practice registered nursing or licensed practical nursing as defined in Health Occupations Article, §8-101, Annotated Code of Maryland.

(42) "Nurse practitioner" means a registered nurse who is certified as a nurse practitioner as defined in Health Occupations Article, §8-508, Annotated Code of Maryland.

(43) "Office of Health Care Quality" means the office under the Department that oversees certification and inspection of programs for the Administration.

(44) "Patient" means an individual who is admitted into a program.

(45) "Physician" means any person authorized by law to practice medicine in this State under Health Occupations Article, §14-101, Annotated Code of Maryland.

(46) "Physician assistant" means an individual licensed to act as an assistant to a licensed physician in Maryland, as defined in Health Occupations Article, §15-101, Annotated Code of Maryland.

(47) "Possess" means the exercise of actual or constructive dominion or control over a controlled dangerous substance.

(48) "Prevention program" means the Early Intervention Level 0.5 level of treatment as described in COMAR 10.47.02.03.

(49) "Privileging" means the process of review to determine the duties a volunteer or employee may perform.

(50) "Problem Oriented Screening Instrument for Teenagers" means a standardized method of screening to determine whether or not an adolescent may have alcohol or other drug abuse or dependence or both and will need further evaluation.

(51) Program.

(a) "Program" means any organization or individual that provides treatment, care, or rehabilitation for individuals who show the effects of drug abuse or alcohol abuse, and represents or advertises itself as an alcohol or other drug abuse treatment program.

(b) "Program" includes a:

(i) Program or facility that is owned or operated by the State or any of its political subdivisions; and

(ii) Detoxification facility as defined in Health-General Article, §8-101(g), Annotated Code of Maryland.

(52) "Progress note" means an objective documentation of the patient's progress in relation to specific treatment goals and objectives.

(53) "Screening" means the utilization of a valid tool or instrument approved by the Administration to determine whether or not an individual may have alcohol or other drug abuse or dependence or both and will need further evaluation.

(54) "Secretary" means the Secretary of Health.

(55) "Self-help group" means a voluntary fellowship or group that supports patients in recovery from alcohol and other drug abuse or dependence.

(56) "Therapeutic agent" means an intervention that is used to effect positive change.

(57) "Treatment plan goal" means an intended resolution of a patient's clinical condition or problem that is completed within a specific amount of time and will contribute to the completion of treatment in a program.

(58) "Treatment plan objective" means a behaviorally measurable symptom or social, legal, or family change that results in a stepwise achievement of a treatment goal.

(59) "Utilization review" means a systematic assessment of the appropriateness of patient admissions, continuation in treatment, and referral to specific treatment services within a program.

(60) "Variance" means an alternate method of meeting the intent of a regulation under this subtitle.

(61) "Waiting list" means a list of individuals who are appropriate for services from a program but for whom a treatment slot is not available for 4 or more weeks for outpatient programs, or 2 or more weeks for residential programs.

(62) "Waiver" means the exemption from compliance with a regulation under this subtitle.