An Act To Establish a Forensic Case Review Panel To Advise the Department of Health and Human Services
Maine Legislature, Session 123, LD 2107
Committee: Health and Human Services
Sponsors: HASKELL, RA YE

Legislative Document 
No. 2107 
H.P.1493 
House of Representati ves, December 31, 2007 
An Act To Establish a Forensic Case Review Panel To Advise the 
Department of Health and Human Services 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative HASKELL of Portland. 
Cosponsored by Senator RA YE of Washington. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec: 1. 34-B MRS A §3011 is enacted to read: 
§3011. Forensic case review panel 
The department shall establish a forensic case review panel in accordance with this 
section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Forensic case" means an instance in which a current or former consumer of 
mental health services in this State directly caused serious injury or death to another 
person in this State. 
B. "Panel" means the forensic case review panel established under this section. 
C. "Panel coordinator" means an employee of the department who is appointed by 
the commissioner to perform the duties under subsection 3. The panel coordinator 
must be a physician or psychologist or other mental health care professional licensed 
or registered in this State. 
D. "Serious injury" means significant psychological or physical injury resulting in 
impairment of mental or physical function. 
2. Membership. The panel consists of mental health professionals, mental health 
advocates, public safety officials, members of the state judiciary and other persons with 
professional expertise in mental health services. The commissioner shall appoint the 
members of the panel, who serve at the pleasure of the commissioner, and shall appoint a 
panel coordinator to provide staffing assistance to the panel as needed. 
3. Duties and powers of panel coordinator. The panel coordinator has the duties 
and powers set forth in this subsection. 
A. The panel coordinator shall review all forensic cases. The panel coordinator shall 
ensure that a review does not interfere with any pending criminal investigation or 
prosecution by state or county authorities. 
B. In reviewing forensic cases under paragraph A, the panel coordinator or the panel 
coordinator's designee may conduct voluntary interviews with persons associated 
with forensic cases, including family members of a deceased or injured person. The 
purpose of a voluntary interview is limited to gathering information or data for the 
purposes of the panel in summary form. A person who conducts interviews under this 
paragraph must meet the qualifications for panel coordinator and also have 
professional experience or training in bereavement services. A person conducting an 
interview under this paragraph may make a referral for bereavement counseling for 
relevant persons in the case of a deceased person. 
C. The panel coordinator shall prepare a summary of relevant information regarding 
a forensic case, including information about the deceased or injured person and the 
Page I -123LR3321(Ol)-1 
current or former consumer of mental health services, and shall present the summary 
to the panel. 
4. Duties and powers of panel. The panel: 
A. 
May determine which of the cases presented it will consider, if any, and shall 
conduct comprehensive multidisciplinary reviews of data presented by the panel 
coordinator in those cases; and 
B. 
Shall present an annual report to the department and to the joint standing 
committee of the Legislature having jurisdiction over health and human services 
matters. The report must identify factors contributing to the deaths and injuries 
reviewed, determine the strengths and weaknesses of the current mental health care 
delivery system in this State and make recommendations to the department to 
decrease the rate of death and serious injury directly caused by current or former 
consumers of mental health services in this State. 
5. Confidentiality. All records created or maintained pursuant to this section, other 
than reports provided under subsection 4, paragraph B, are protected as provided in this 
subsection. The records are confidential under Title 22, section 42, subsection 5. The 
records are not open to public inspection, are not public records for the purposes of Title 
1, chapter 13, subchapter 1 and are not subject to subpoena or civil process nor 
admissible in evidence in connection with any judicial, executive, legislative or other 
proceeding. All members of the panel are obliged to maintain confidentiality of any 
information received in the course of their membership, both during such membership 
and thereafter. Any person who violates any provision of this subsection commits a Class 
D crime punishable by a fine of not more than $500 or by imprisonment for not more 
than 11 months, or by both. 
6. 
Immunity. A health care practitioner, hospital or health care facility or the 
employee or agent of that person or entity is not subject to civil or criminal liability 
arising from the disclosure or furnishing of records or information to the panel pursuant 
to this section. 
7. Funding. The department may accept any public or private funds to carry out the 
purposes of this section. 
8. 
Rulemaking. 
The department shall adopt rules to implement this section, 
including rules on collecting information and data, selecting members of the panel, 
collecting and using individually identifiable health information and conducting reviews 
under this section. The rules must ensure that access to individually identifiable health 
information is restricted as much as possible while enabling the panel to accomplish its 
work. The rules must establish a protocol to preserve confidentiality, specify the manner 
in which authorized representatives may be contacted for permission and maintain public 
confidence in the protection of individually identifiable information. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill establishes a forensic case review panel whose members are appointed by 
the Commissioner of Health and Human Services. The purpose of the panel is to study 
certain cases in which a current or former consumer of mental health services in this State 
caused serious injury or death. to another while in this State and to report to the 
Department of Health and Human Services and the Legislature on factors contributing to 
the deaths and injuries reviewed and the strengths and weaknesses of the current mental 
health care delivery system and include recommendations to decrease the rate of death 
and serious injury directly caused by current or former consumers of mental health 
services in this State.