An Act To Expand the Pool of Qualified Mental Health Exam.iners for Purposes of Involllntary Treatmeat
Maine Legislature, Session 123, LD 1986
Committee: Health and Human Services
Sponsors: LEWIN, BRANNIGAN, MARRACHE, RA YE, FAIRCLOTH, FINLEY, GOULD, PIEH, SA VIELLO

Legislative Document 
No. 1986 
S.P.780 
December 18,2007 
An Act To Expand the Pool of Qualified Mental Health Exam.iners 
for Purposes of Involllntary Treatmeat 
(EMERGENCy) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Se.aator NUTTING of Androscoggin. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative LEWIN of Eliot and Senators: BRANNIGAN of Cumberland, 
MARRACHE of Kennebec, RA YE of Washington, Representatives: FAIRCLOTH of Bangor, 
FINLEY of Skowhegan, GOULD of South Berwick, PIEH of Bremen, SA VIELLO of Wilton. 
Printed on AC)/cled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2007, chapter 446 requires, in cases of involuntary treatment 
of mental health patients, that one of the examiners, either a licensed physician or clinical 
psychologist, be licensed to prescribe medications for the patient's care; and 
Whereas, the effect of this change was to require that at least one of the 2 examiners 
be a licensed physician since clinical psychologists are not licensed to prescribe 
medications; and 
Whereas, under the other changes made to the involuntary treatment laws, it is 
expected that the number of mental health examinations will increase and more qualified 
examiners will be needed; and 
Whereas, meeting that need will be a senous problem based on the current 
limitations; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the followmg legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
7 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-8 MRSA 13864, sub-§4, ~A, as amended by PL 2007, c. 446, §3 and 
affected by §7, is further amended to read: 
A. 
Upon receipt by the District Court of the application and the accompanying 
documents specified in subsection 1 and at least 3 days after the :person who is the 
subject of the examination was notified by the psychiatric hospital of the proceedings 
and of that person's right to retain counselor to select an examiner, the court shall 
cause the person to be examined by 2 examiners. 
() 
Eaeft Except as provided in subparagraph (l-A), each examiner must be 
either a licensed physician or a licensed clinical psychologist. Wi:tefl ifl¥oll:Jfltary 
lfeatmeflt I:Jflaer sl:J~Seetiofl I A has ~eefl refjl:Jestea, Ofle of the eKamiAers ml:Jst ~e 
s I'rofessioAsl '.."ho is lieeflsea to preseri~e meaieatioAs rele"8flt to the pstieAt's 
~ 
(I-A) If the application requests an order for involuntary treatment pursuant to 
subsection I-A, one examiner must be a licensed physician or a licensed clinical 
psychologist and one examiner must be a person who is qualified to prescribe 
34, 
medication relevant to the patient's care as a licensed physician, certified nurse 
practitioner, advanced practice registered nurse or registered physician assistant. 
(2-A) If the person under examination or the counsel for that person selects a 
qualified examiner who is reasonably available, then the court shall choose that 
examiner as one of the 2 designated by the court. 
Page I - 123LR3202(Ol)-1 
I 
(3) Neither examiner appointed by the court may be the certifying examiner 
under section 3863, subsection 2 or 7. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Under the changes made by Public Law 2007, chapter 446, scheduled to take effect 
January I, 2008, one of the examiners, either a licensed physician or clinical 
psychologist, in cases of involuntary treatment of mental health patients, must be licensed 
to provide medications for the patient's care. Since clinical psychologists are not licensed 
to prescribe medication, the effect of this change is to require at least one of the 2 
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examiners to be a licensed physician. This requirement seriously limits the pool of 
professionals who qualify to perform examinations. 
This bill alleviates the shortage by adding to the list of profj:!ssionals qualified to 
perform mental health examinations for purposes of involuntary treatment applications 
IS 
certified nurse practitioners, advanced practice registered nurses and registered physician 
assistants.