Resolve, To Ensure Appropriate Care for Persons with Dementia
Maine Legislature, Session 121, LD 1075
Committee: Health and Human Services
Sponsors: KANE, MA YO, CANAVAN, CURLEY, FLETCHER, GAGNE-FRIEL, HEIDRICH, O'BRIEN, SNOWE-MELLO, BENNETT

Legislative Document 
No.t075 
H.P.793 
House of Representatives, March 4, 2003 
Resolve, To Ensure Appropriate Care for Persons with Dementia 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative KANE of Saco. 
Cosponsored by Senator MA YO of Sagadahoc and 
111~1h·7Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville, CURLEY of Scarborough, FLETCHER of 
Winslow, GAGNE-FRIEL of Buckfield, HEIDRICH of Oxford, O'BRIEN of Lewiston, 
SNOWE-MELLO of Poland, Senator: BENNETT of Oxford. 
Printed on recycled paper 
Sec. 1. Commission established. Resolved: 
That the Commission 
to Study Care for Persons with Dementia, 
referred to in this 
resolve as "the commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of the following 14 members: 
1. 
One member of the Senate, appointed by the President of 
the Senate. 
When making the appointment, the President of the 
Senate shall give preference to members who serve on the Joint 
Standing Committee on Health and Human Services; 
2. 
Five members appointed by the President of the Senate: 
A. 
One member representing persons with dementia; 
B. 
One 
member 
representing 
the 
Maine 
Alzheimer's 
Association; 
C. 
One member representing the Maine Hospital Association; 
D. 
One member who is a geriatric physician with expertise 
in caring for persons with dementia; and 
E. 
One member representing Legal Services for the Elderly; 
3. 
One member of the House of Representatives, appointed by 
the Speaker of the House. 
When making the appointment, 
the 
Speaker of the House shall give preference to members who servp 
on the Joint Standing Committee on Health and Human Services; 
4. 
Five members appointed by the Speaker of the House of 
Representatives: 
A. 
One member representing persons with dementia; 
B. 
One member 
representing the long-term care 
ombudsman 
program; 
C. 
One 
member 
representing 
the 
Maine 
Health 
Care 
Association; 
D. 
One member representing area agencies on aging; and 
E. 
One geriatric physician with expertise in caring for 
persons with dementia; 
5. 
The Commissioner of Human Services or the commissioner's 
designee; and 
Page l-LR0886(l) 
6. 
The 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services or the commissioner's designee; and be it further 
Sec. 3. Chairs; meetings. Resolved: 
That the Senate member is 
the 
Senate 
chair 
of 
the 
commission 
and 
the 
House 
of 
Representatives member is the House chair of the commission. 
The 
commission may meet as often as necessary to complete its work; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 60 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. 
Wi thin 
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 
and shall make 
recommendations 
regarding the following issues 
concerning care for persons with dementia: 
1. 
The scope and severity of 
lack of long-term care programs and 
the needs of persons with aggressive 
and other diseases; 
problems resulting from the 
facilities adequate to meet 
behaviors caused by dementia 
2. 
The 
persons with 
diseases and 
states; and 
factors leading to the lack of care in Maine for 
aggressive behaviors caused by dementia and other 
alternative types of care being utilized in other 
3. 
Recommendations 
for 
improvements 
in 
programs 
facilities 
for 
persons 
with 
aggressive 
behaviors 
caused 
dementia and other diseases that will improve their health 
safety and alleviate the burden on persons who live with 
provide care for those persons; and be it further 
and 
by 
and 
ancl 
Sec. 6. Staff assistance. Resolved: 
That the commission shall 
provide its own staff; and be it further 
Sec. 7. 
Compensation. Resolved: 
That 
the 
members 
of 
the 
commission 
not 
otherwise 
compensated 
by 
their 
employers 
are 
entitled to receive legislative per diem, 
as defined in 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 provided nonstate funding 
is made available to the commission; and be it further 
Sec. 8. Funding. Resolved: 
That the commission may seek and 
accept outside funding to accomplish its work; and be it further 
Sec. 9. Report. Resolved: 
That, 
no later than January 1, 
2004, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Joint Standing Committee on Health and 
Human Services and the Legislative Council. 
The commission is 
not authorized to introduce legislation. 
Following receipt and 
review of the report, the Joint Standing Committee on Health and 
Human 
Services 
may 
report out 
a bill to the Second Regular 
Session of the 121st Legislature; and be it further 
Sec. 10. 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. 11. 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 chair and staff with 
c\ 
status report on the study budget, expenditures incurred and paid 
and available funds. 
SUMMARY 
This resolve establishes the Commission to Study Care 
fOl 
Persons with Dementia. 
The commission is charged with revieNinq 
the lack of programs and services for persons prone to aggressive 
behavior as 
a 
result of dementia or other diseases 
and with 
making recommendations by January 1, 2004.