94-630-1 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 630-1-1 - Purpose and Definitions
A. Purpose

The Maine Biomedical Research Program is established to promote economic development and jobs in the State primarily by making state investments in organizations with successful results in attracting biomedical research funds from specified grant sources. As a secondary purpose, the Maine Biomedical Research Program is intended to provide incentives for small eligible institutions to grow. The program shall disburse program funds from the Maine Biomedical Research Fund to eligible institutions. An eligible institution receiving program funds under this program may use those funds for any of the following purposes: project funding; facilities funding, including debt service; equipment used in research, including debt service; or ancillary support. The purpose of the rule is to define the criteria and proposal process for applications to the fund, consistent with 5 MRSA section13103.

B. Definitions

"Academic medical center" is a Maine-based nonprofit clinical, educational and research organization with a critical number of hospital beds, with multiple and independent residency and fellowship programs, with a significant number of residents and fellows and that is affiliated with but independent of a medical school.

"Affiliate" means a corporation, limited liability company or other entity that controls, is controlled by or is under common control with the applicant. A majority of the membership, stock ownership or other voting authority is conclusively presumed to establish control.

"Ancillary Support" shall mean support for research services provided by the Eligible Institution that enhance its capacity to conduct Peer Reviewed Biomedical Research, such as, but not limited to, DNA sequencing.

"Biomedical Research" shall mean scientific research, investigations, experiments, demonstrations, and studies whose primary purpose relates to the biology, causes, diagnosis, treatment, control and prevention of physical and mental diseases or impairments afflicting humans.

"Board" shall mean the Maine Biomedical Research Board established pursuant to 5 MRSA section13104.

"Department" shall mean the Department of Economic and Community Development.

"Eligible institution" means a Maine-based private nonprofit biomedical research institution or academic medical center or medical school that, as of July 1, 2001:

1. Performs competitive biomedical research in on-site, wetbench biomedical research laboratories in the State, as evidenced by publications in recognized peer review journals; and
2. Receives or expends funds in the State from federal agencies or specified grant sources for the purpose of producing peer-reviewed biomedical research in on-site, wetbench biomedical research laboratories.

Until July 1, 2009, any one or more of the requirements of this definition may be satisfied by an applicant created after July 1, 2001 if that requirement is satisfied by one or more affiliates of the applicant and if at least one affiliate of the applicant received funding from the fund prior to July 1, 2005. After July 1, 2009, an applicant that has established eligibility pursuant to this must itself meet all other requirements of the definition.

"Fund" shall mean the Maine Biomedical Research Fund established in 5 MRSA §13103.

"Grant Allocation Committee" shall mean a committee designated by the Board to review and recommend qualifying Eligible Institutions. The Grant Allocation Committee may include qualified persons with expertise in biomedical research grants administration, non-profit finance budget and administration and at least two persons with experience in Peer Reviewed Biomedical Research. None of the Grant Allocation Committee members may come from a Qualified Institution.

"Qualified institution" shall mean any Eligible Institution that applies for Program Funds and is determined by the Board to have met 5 MRSA §13103.

"Peer Reviewed Biomedical Research" shall mean any biomedical research that either has already resulted in, or is intended to result in, publication in national recognized peer review journals such as those listed in the Index Medicus, published by the National Library of Medicine, Nation Institutes of Health.

"Program funds" shall mean funds allocated from the Maine Biomedical Research Fund.

"Specified grant sources" means a federal agency, a nonprofit foundation, private company or corporation, a voluntary membership organization such as the American Cancer Society, or an out-of-state educational university, that, as of July 1, 2001, issues grants or contracts for the purpose of producing peer-reviewed biomedical research when the grantee retains complete editorial control over the content of the research performed.

"Wetbench" shall mean generally what is ascribed to that term by the biomedical research community and refers to laboratories that use solutions or cell extracts and biological reagents.

94-630 C.M.R. ch. 1, § 1