An Act To Establish a System of Advocacy and Oversight To Benefit Persons with Mental Retardation and Autism
Maine Legislature, Session 121, LD 1291
Committee: Health and Human Services
Sponsors: MARTIN, CHURCHILL, FISCHER
Amends: 5 MRSA §12004-I, 34-B MRSA §1216-A, 14 MRSA §8102, 34-B MRSA §1205, 34-B MRSA §1216

Legislative Document 
No. 1291 
S.P.422 
In Senate, March 11, 2003 
An Act To Establish a System of Advocacy and Oversight To Benefit 
Persons with Mental Retardation and Autism 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: CHURCHILL of Washburn, FISCHER of Presque Isle. 
Printed on recYl: led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§67-A is enacted to read: 
67-A. 
Mental 
Retardation 
Consumer 
Advisory 
~ 
Expenses 
.Qnl.y 
34-B MRSA 
§1216-A 
Sec. 2. 14 MRSA §8102, sub-§I, as amended by PL 1995, c. 196, 
Pt. D, §l, is further amended to read: 
1. 
Employee. 
"Employee" 
means a person acting on behalf 
of 
a 
governmental 
entity in 
any official 
capacity, 
whether 
temporarily 
or 
permanently, 
and 
whether 
with 
or 
without 
compensation 
from 
local, 
state 
or 
federal 
funds, 
including 
elected or appointed officials; volunteer firefighters as defined 
in Title 30-A, section 3151; emergency medical service personnel; 
members 
and staff of the Consumer Advisory Board pursuant to 
Ti tIe 34-B, section 161e 1216-A; members of the Maine National 
Guard but only while performing state active service pursuant to 
Title 37-B; 
and sheriffs' deputies as defined in Title 30-A, 
section 381 when they are serving orders pursuant to section 
3135, but the term "employee" does not mean a person or other 
legal entity acting in the capacity of an independent contractor 
under contract to the governmental entity. 
Sec. 3. 34-B MRSA §1205, sub-§I, as amended by PL 1995, c. 
560, Pt. K, §18, is further amended to read: 
1. 
Establishment. 
The Office of Advocacy is established 
within 
the 
Office 
of 
Advocacy 
and 
Consumer 
Affairs 
of 
the 
department solely to investigate the claims and grievances of 
clients of the department, to investigate with the Department of 
Human Services, 
as appropriate, all allegations of 
aa~l~--ana 
child abuse in state institutions and to advocate on behalf of 
clients for compliance by any institution, other facility or 
agency administered, licensed or funded by the department with 
all 
laws, 
administrative 
rules 
and 
institutional 
and 
other 
policies relating to the rights and dignity of clients. 
Sec. 4. 34-B MRSA §1205, sub-§3, ~~F and G, as enacted by PL 
1989, c. 7, Pt. N, §3, are amended to read: 
F. 
Make and publish reports necessary to the performance of 
the duties described in this section. The chief advocate may 
report 
findings 
of 
the 
office 
to 
groups 
outside 
the 
department, such as legislative bodies, advisory committees, 
commissions, law enforcement agencies and the press, and may 
authorize the advocates in the Office of Advocacy to so 
communicate. 
At least annually, the chief advocate shall 
report both in person and in writing to the joint standing 
committee of the Legislature having jurisdiction over mental 
health and mental retardation matters; aBa 
G. 
Negotiate joint working agreements with the 
of 
Human 
Services 
concerning 
procedures 
and 
responsibilities 
for 
conducting 
investigations 
insti tutions of allegations of abuse pursuant to 
and Family Services and Child Protection Act, 
chapter l071T~ 
Department 
respective 
in 
state 
the Child 
Title 22, 
Sec. 5. 34-B MRSA §1205, sub-§3, 1[H is enacted to read: 
H. 
Work 
cooQeratively with the 
Consumer 
Advisory Board 
established Qursuant to section 1216-A in the Qerformance of 
the duties 
of 
the Office 
of 
Advocacy 
and 
the 
Consumer 
Advisory Board. 
Sec. 6. 34-B MRSA §1216, as amended by PL 1995, c. 560, Pt. 
K, §§22 and 23, is repealed. 
Sec. 7. 34-B MRSA §1216-A is enacted to read: 
§12l6-A. 
Consumer Advisory Board 
1. Responsibilities. 
The Consumer Advisory Board, referred 
to 
In this 
section 
as 
"the board," 
as 
established 
by 
the 
community 
consent decree, 
Consumer 
Advisory Board et al. 
v. 
Glover, No. 91-321-P-C (D. Me., September 28, 1994), and former 
section 1216, is established as an indeQendent oversight board. 
The board shall Qerform its functions for the benefit of members 
of the class of Qlaintiffs in Consumer Advisory Board v. Glover, 
and for Qersons with mental retardation or autism who are clients 
of the deQartment but 
who 
are not members 
of the class of 
Qlaintiffs in Consumer Advisory Board v. Glover. 
The board shall 
carry out and any consent decrees or orders of a 
court with 
jurisdiction 
over 
clients 
of 
the 
deQartment 
and 
the 
resQonsibilities under this section. 
A. 
The board may review alleged abuse, alleged eXQloitation 
or neglect or an alleged dehumanizing practice committed 
uQon 
or violation of 
rights of 
any 
Qerson with mental 
retardation or autism who is a client of the deQartment. 
B. 
The 
board 
shall 
promote 
the 
normalization 
and 
habilitation of persons with mental retardation or autism. 
C. 
The board shall work cooperatively with the Office of 
Advocacy established in section 1205 in the Qerformance of 
the duties of the board and the Office of Advocacy. 
2. 
Maine Tort Claims Act. 
The board members and staff act 
as employees of the State, as "employee" is defined in Title 14, 
section 8102, 
subsection 1, 
when 
engaged in official duties 
specified in the community consent decree or this section or 
assigned by the board. 
3. 
Membership. 
Members of the former 
Consumer Advisory 
Board established under section 1216 shall serve as the initial 
members of the board and shall determine among themselves which 
members' 
terms expire January 
1, 
2005 and which terms expire 
January 
1, 
2006. 
When 
a 
vacancy occurs, 
members shall elect 
replacement members by majority vote at a duly called meeting of 
the board. 
4. 
Access to information. 
With regard to any institution, 
facility, agency or other provider serving persons with mental 
retardation or autism who are clients of the department or when 
any such person resides or participates in work or in a program 
in an institution, facility, agency or other provider, the board 
members and staff must be given direct access to all living, work 
and program areas 
and to all living, 
work 
and program area 
records, including, but not limited to, records related to any 
personal planning process, 
and must 
be 
given access 
to 
the 
personnel, but not personnel records. 
The chief advocate under 
section 1205 may release to the board information pertaining to 
alleged abuse, 
alleged exploitation or neglect or an alleged 
dehumanizing practice committed upon or violation of rights of a 
person with mental retardation or autism. 
The board shall keep 
any confidential information disclosed to it or discovered by it 
confidential, as required by section 1207. 
SUMMARY 
This bill repeals and reestablishes the Consumer Advisory 
Board; 
amends the duties of the Department of Behavioral and 
Developmental Services, Office of Advocacy and Consumer Affairs, 
Office of Advocacy; and requires the board and the office to work 
cooperatively in the performance of their duties.