An Act To Improve the Delivery of Maine's Mental Health Services
Maine Legislature, Session 122, LD 0151
Committee: Health and Human Services
Sponsors: NUTTING, MAYO, MILLS, CRA YEN, DUDLEY, PINGREE, WALCOTT
Amends: 34-B MRSA §3873

Legislative Document 
No. 151 
S.P.57 
In Senate, January 13,2005 
An Act To Improve the Delivery of Maine's Mental Health Services 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: MAYO of Sagadahoc, MILLS of Somerset, Representatives: 
CRA YEN of Lewiston, DUDLEY of Portland, PINGREE of North Haven, WALCOTT of 
Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 34-B MRSA §3873 is enacted to read: 
§3873. 
Administration of medication 
Administration of medication to 
a 
patient 
nons tate mental health institution or 
a 
state 
institute under this article is subject to the 
this section. 
admitted to 
a 
mental 
health 
reguirements of 
A. 
A patient in a state mental health institute may be 
administered medication if: 
(1) 
The patient agrees to accept the medication; or 
( 2 ) 
The 
patient 
does 
not 
agree 
to 
accept 
the 
medication and the superintendent of the state mental 
health institute has determined that administration 0.( 
the 
medication 
is 
necessary 
as 
treatment 
for 
the 
patient's health. 
The superintendent shall enter into 
the 
patient's 
medical 
record 
the 
determination 
to 
administer medication pursuant to this subparagraph. 
B 
patient administered medication under this subparagraph 
has 
a 
right 
to 
appeal 
the 
decision 
of 
the 
superintendent as provided in rules adopted pursuant tQ 
Title 
22, 
section 
1719. 
An 
appeal 
under 
this 
subparagraph 
does 
not 
prevent 
administration 
of 
medication 
as 
determined 
to 
be 
necessary 
for 
the 
patient's health. 
B. 
A patient at a nonstate mental health institution or 
Q. 
state mental 
health institute 
admitted 
for 
observation, 
diagnosis, 
care 
or 
treatment under 
this article 
may 
be 
discharged pursuant to a medication and treatment compliance 
contract. 
The medication and treatment compliance contract:, 
must 
include 
specific 
responsibilities 
for 
providers 
of 
health 
care 
services 
and 
for 
the 
person 
discharged, 
including 
compliance 
with 
a 
treatment 
and 
medication 
schedule to be followed by the person. 
The contract must 
contain a condition that if the person does not adhere to 
the medication 
and 
treatment schedule, 
the 
discharge is 
revoked and the person must return to the nons tate mental 
health institution or state mental health institute under 
the terms of the prior admission for observation, diagnosis, 
care or treatment. 
C. 
The department shall adopt rules consistent with the 
requirements of section 3003 and Ti tle 22, section 1719 to 
implement this section. 
Rules 
adopted pursuant to 
thi§ 
section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. Rights of recipients of mental health services. 
By October 
15, 2005, the Department of Health and Human Services shall adopt 
rules 
consistent with 
the 
Maine 
Revised Statutes, 
Title 
22, 
section 1719; Title 34-B, section 3003, subsection 2; and Title 
34-B, section 3873 regarding the rights of recipients of mental 
health services and providing for administration of medication as 
set forth in Title 34-B, section 3873. 
Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This 
bill 
establishes 
a 
procedure 
for 
the 
involuntary 
administration of medication to a patient at a nonstate mental 
healtll institution or 
'" state mental health institute, with an 
appeal procedure within the department and if that appeal is 
unsuccessful, 
then 
a 
further 
appeal 
to 
the 
court. 
The bill 
1~2 
requires the Department of Health and Human Services to adopt 
rules to 
implement:. the administration of medication provisions 
and requires amendment of the department's rules regarding the 
riqhts 
of 
recipients 
of 
mental 
health 
services. 
The 
bill 
desiqnates rules adopted to be routine technical rules.