Resolve, To Maintain Flexibility and Safety in Caring for People with Severe and Persistent Mental Illness
Maine Legislature, Session 121, LD 0480
Committee: Health and Human Services
Sponsors: DAGGETT, O'BRIEN, MARTIN, MAYO, COWGER, CRAVEN, LA VERRIERE-BOUCHER, LERMAN, MOODY

Legislative Document 
No. 480 
S.P.165 
In Senate, February 4, 2003 
Resolve, To Maintain Flexibility and Safety in Caring for People 
with Severe and Persistent Mental Illness 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by President DAGGETT of Kennebec. 
Cosponsored by Representative O'BRIEN of Augusta and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: MARTIN of Aroostook, MAYO of Sagadahoc, Representatives: COWGER of 
Hallowell, CRAVEN of Lewiston, LA VERRIERE-BOUCHER of Biddeford, LERMAN of 
Augusta, MOODY of Manchester. 
Printed on recycled paper 
Emergency preamble. 
Whereas. Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
days 
of 
the 
after 
Whereas, there are currently insufficient community mental 
health resources to prevent otherwise unnecessary hospitalization 
of persons with mental illness; and 
Whereas, the Riverview Psychiatric Center being 
in Augusta will have fewer beds than the facility 
replacing, the Augusta Mental Health Institute; and 
constructed 
that it is 
Whereas, the 
lack 
of 
an 
adequate 
number 
psychiatric beds imposes long delays in providing 
for patients requiring hospitalization; and 
of 
inpatient 
definitive care 
Whereas, 
patients 
waiting 
for 
an 
acute 
inpatient 
psychiatric hospital bed to become available often spend hours to 
days 
in emergency departments 
throughout 
the State with the 
secondary result that emergency departments have reduced ability 
to care for all emergency patients needing care; and 
Whereas, the Maine Medical Association, Maine Psychiatric 
Association, Maine Osteopathic Association, Maine Chapter of the 
American College of Emergency Physicians, the Citizens Advisory 
Group on Mental Health and the Maine Chapter of the National 
Alliance for the Mentally III agree that the number of beds 
planned for the Riverview Psychiatric Center is inadequate; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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. Maintenance of bed capacity at Augusta Mental Health 
Institute. 
Resolved: 
That 
the 
Department 
of 
Behavioral 
and 
Developmental Services shall maintain one unit of between 18 and 
beds 
in the Stone Building at the Augusta Mental Health 
Institute 
in 
a 
condition 
and 
configuration 
appropriate 
for 
patient care for a period of one year after the opening of the 
Riverview Psychiatric Center; and be it further 
Sec. 2. Report of transfer requests. Resolved: 
That from April L 
2003 
to 
April 
1, 
2006 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
shall 
report 
quarterly 
to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
health and human services matters the number of requests for 
transfer to the Augusta Mental Health Institute and the Riverview 
Psychiatric Center, which is scheduled to open and replace the 
Page l-LR1672(l) 
Augusta Mental Health Institute in the fall of 2003. 
The report 
must include the date, time, referring facility, response to the 
request for 
transfer, 
reason for 
the 
response 
and 
resulting 
placement of the patient. 
The report is public information and 
must be available for review by the public; and be it further 
Sec. 3. Criteria for transfer. Resolved: 
That the 
transfer 
to 
a 
state 
psychiatric 
facility 
must 
following: 
criteria 
include 
1. 
Requiring hospitalization for 30 days or longer; 
for 
the 
2. 
Mental illness of such acuity that the patient can not 
be safely and appropriately cared for in a community hospital or 
freestanding private psychiatric hospital; and 
3. 
Requiring acute psychiatric hospitalization when there 
is not an option more suitable; an0 be it further 
Sec. 4. Plan required. Resolved: 
That, if the percentage of 
patients determined to be appropriate for transfer under 
the 
criteria of section 3 and rejected from admission to the Augusta 
Mental 
Health 
Institute 
or 
the 
Riverview Psychiatric 
Center 
exceeds 30% of the patients for whom transfer is requested for 2 
consecutive calendar quarters, the Department of Behavioral and 
Developmental Services, by the end of the next calendar quarter 
following such rejections, shall present to the joint standing 
committee of the Legislature having iurisdiction over health and 
human 
services 
matters, 
wi thin 
the 
next 
calendar 
quarter 
following the report, a plan to meet the needs of those patients 
who are being denied admission. 
Emergency clause. 
In 
v~ew of the emergency ci ted 
~n the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This 
resolve 
directs 
the 
Department 
of 
Behavioral 
and 
Developmental Services to maintain bed capacity at the Augusta 
Mental 
Health 
Institute, 
establishes 
criteria 
for 
to 
meet 
submitting a plan for mental health needs and requires quarterly 
reports on transfer requests.