Resolve, To Establish the Commission To Study Access to Prescription Medication for Persons with Mental Illness
Maine Legislature, Session 121, LD 1713
Committee: Health and Human Services
Sponsors: BRENNAN, DUDLEY, DAGGETT, BULL, CRA YEN

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1713 
S.P.645 
In Senate, December 17, 2003 
Resolve, To Establish the Commission To Study Access to 
Prescription Medication for Persons with Mental Illness 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16,2003. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative DUDLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: President DAGGETT of Kennebec, Representatives: BULL of Freeport, CRA YEN of 
Lewiston, W ALCOTT of Lewiston. 
Printed on recycled paper 
Emergency preamble. 
Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, this resolve establishes the 
Access 
to 
Prescription 
Medication 
for 
Illness; and 
Commission to 
Persons 
with 
Study 
Mental 
Whereas, the study must 
be 
initiated before the 
period expires in order that the study may be completed 
report submitted in time for submission to the First 
Session of the 122nd Legislature; and 
90-day 
and a 
Regular 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to 
Study Access 
to Prescription Medication for 
Persons with 
Mental Illness, referred to in this resolve as "the commission," 
is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of members appointed as follows: 
1. 
Two members of the Senate, appointed by the President of 
the Senate, one of whom serves on the Joint Standing Committee on 
Health and Human Services and one of whom serves on the Joint 
Standing Committee on Business, Research and Economic Development; 
2. 
Two members of the House of Representatives, appointed 
by the Speaker of the House, 
one of whom serves on the Joint 
Standing Committee on Health and Human Services and one of whom 
serves on the Joint Standing Committee on Business, Research and 
Economic Development; 
3. 
The 
Commissioner 
of 
Professional 
and 
Financial 
Regulation, or the commissioner's designee; 
4. 
The 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services or the commissioner's designee; 
5. 
One member representing the Maine Medical Association; 
6. 
One 
member 
representing 
the 
Maine 
Psychological 
Association; 
7. 
One member representing the National Alliance for the 
Mentally Ill; 
8. 
One member representing the Maine Association of Mental 
Health Services; 
9. 
One practicing psychologist, appointed by the President 
of the Senate; and 
10. 
One practicing psychiatrist, appointed by the Speaker 
of the House; and be it further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall examine 
issues associated with access to prescription medication for 
persons with mental illness. 
Specifically, the commission shall 
examine: 
1. 
persons 
numbers 
various 
Limitations to access to prescription medication 
with mental illness in this State presented by 
of treating psychiatrists and child psychiatrists in 
counties of the State; 
for 
the 
the 
2. 
Whether medication is being prescribed for persons with 
mental illness when other mental health interventions might be 
more appropriate; and 
3. 
Whether prescriptive authority for psychotropic drugs 
should 
be 
extended 
to 
other health 
care professionals. 
In 
examining this issue, the commission shall review the experience 
of other states that have extended such prescriptive authority; 
and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to the legislative per diem, as 
defined in the Maine Revised Statutes, Title 3, section 2, and 
reimbursement for travel and other necessary expenses related to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their employers or 
other entities that 
they 
represent 
are entitled to 
receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings of the commission; 
and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than November 3, 
2004, 
the commission shall submit a report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for 
presentation 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over health and human resources 
matters, the joint standing committee of the Legislature having 
jurisdiction over business, 
research and economic 
development 
matters 
and the Legislative Council. 
The 
commission is not 
authorized 
to 
introduce 
legislation. 
Following 
receipt 
and 
review of 
the 
report, 
the 
joint standing 
committee 
of 
the 
Legislature having jurisdiction over health and human resources 
matters 
and the joint standing committee 
of the Legislature 
having 
jurisdiction 
over 
business, 
research 
and 
economic 
development matters may jointly report out a bill to the First 
Regular Session of the l22nd Legislature; and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission's budget. 
Within 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission may 
not incur expenses that would result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve establishes the Commission to Study Access to 
Prescription Medication for Persons with Mental Illness. 
The 
commission is directed to assess the limitations to access to 
prescription medication presented by the availability of treating 
psychiatrists 
in 
various 
counties 
in 
the 
State, 
whether 
medication is being prescribed in situations in which other 
mental 
illness 
interventions 
might 
be 
more 
appropriate, 
and 
whether prescr ipti ve authority for psychotropic drugs should be 
extended to other health care professionals.