An Act to Require that Patients in Private Mental Hospitals Be Afforded the Same Rights As Patients in State Mental Institutions
Maine Legislature, Session 121, LD 0156
Committee: Health and Human Services
Sponsors: BENNETT
Amends: 22 MRSA §1718

Legislative Document 
No. 156 
S.P.79 
In Senate, January 21,2003 
An Act to Require that Patients in Private Mental Hospitals Be 
Afforded the Same Rights As Patients in State Mental Institutions 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BENNETT of Oxford. 
Primed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1718 is enacted to read: 
§1718. Patients' rights 
1. 
Adoption of rules. 
The commissioner shall adopt rules 
consistent with rules adopted pursuant to Title 34-B, 
section 
3003 for the enhancement and protection of the rights of patients 
receiving services from any hospital for the treatment of mental 
illness required to be licensed pursuant to chapter 405. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
2. 
Requirements. 
Rules adopted pursuant to subsection 1 
must include, but are not limited to: 
A. 
Establishment of the right to provision of treatment and 
related 
services 
in 
the 
least 
restrictive 
appropriate 
setting; 
B. 
Establishment 
of 
the 
right 
to 
an 
individualized 
treatment or service plan developed with the participation 
of the patient; 
C. 
Standards for informed consent to treatment. including 
reasonable 
standards 
and 
procedural 
mechanisms 
for 
determining when to treat a patient absent the patient's 
informed consent, consistent with applicable law; 
D. 
Standards 
for 
participation 
in 
experimentation 
and 
research; 
E. 
Standards 
pertaining 
to 
the 
use 
of 
seclusion 
and 
restraint; 
F. 
Establishment of the right to appropriate privacy and to 
a humane treatment environment; 
G. 
Establishment of the right to confidentiality of records 
and procedures pertaining to a patient's right to access to 
that patient's mental health care records; 
H. 
Establishment of the right to receive visitors and to 
communicate by telephone and mail; 
I. 
Procedures to ensure that patients are notified of their 
rights; 
Page l-LR0360(1) 
J. 
Establishment of the right to assistance in protecting a 
right or advocacy service in the exercise or protection of a 
right: and 
K. 
Provisions for a fair, timely and impartial grievance 
procedure 
for 
the 
purpose 
of 
ensuring 
appropriate 
administrative 
resolution of 
grievances 
with 
respect 
to 
infringement of rights, including the right of appeal before 
an independent hearing officer. 
3. 
Public hearing. 
The commissioner shall hold a public 
hearing before adopting these rules and shall give notice of the 
public hearing pursuant to Title 5, section 8053. 
SUMMARY 
The 
Maine 
Revised 
Statutes, 
Title 
34-B, 
section 
3003 
provides for the enhancement and protection of rights of clients 
receiving 
services 
from 
the 
Department 
of 
Behavioral 
and 
Developmental Services, from a state mental health institute or 
from a private mental health institution under a contract with 
the State to receive involuntary patients. 
This bill establishes 
the 
same 
enhancement 
and protection of 
rights 
for 
patients 
receiving services from a private hospital for the treatment of 
mental illness.