An Act Regarding the Mandatory Administration ·of Medication in Hospitals Serving Psychiatric Patients
Maine Legislature, Session 123, LD 1033
Committee Amendment CA_A-HA_A_H620 (House)
Amends: 34-B MRSA §3864

HOUSE AMENDMENT" if" to COMMITTEE AMENDMENT "A" to S.P. 350, 
L.D. 1033, Bill, "An Act Regarding the Mandatory Administration ·of Medication in 
Hospitals Serving Psychiatric Patients" 
Amend the amendment by striking out all of section 3 (page 2, lines 8 to 38 and page 
3, lines 1 to 7 in amendment) and inserting the following: 
'Sec. 3. 34-B MRSA §3864, sub-§4, as amended by PL 2007, c. 319, §10, is 
further amended to read: 
4. Examination. Examinations under this section are governed as follows. 
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. 
(1) Each examiner must be either a licensed physician or a licensed clinical 
psychologist. 
When involuntary treatment under subsection I-A has been 
requested, one of the examiners must be a professional who is licensed to 
prescribe medications relevant to the patient's care. 
(2) One of the eKaminers ml:lst be a physieian or psyehologist ahosen b~r the 
person or by that person's eOl:lnsel, if the ehosen physieian or ps~'ehologist is 
reasonablyayailable. 
C2-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. 
(3) Neither examiner appointed by the court may be the certifying examiner 
under section 3863, subsection 2 or 7. 
B. The examination must be held at the psychiatric hospital or at any other suitable 
place not likely to have a harmful effect on the mental health of the person. 
HOUSE AMENDMENT 
... 
"'" 
II 
l3 
HOUSE AMENDMENT 'A "to COMMITTEE AMENDMENT "A" to S.P. 350, L.D. 1033 
E. The examiners shall report to the court as to '1Atether the person is a mentally ill 
person within the meftRing of seetion 380 I, sl:l9seetion 5 .or is a person with se¥ere 
ftRa persistent mental illness, as appropriate to the proaeeaings for whieh the 
examination was perfomlea. on: 
(1) Whether the person is a mentally ill person within the meaning of section 
3801, subsection 5: 
(2) When the establishment ofa progressive treatment plan under section 3873 is 
at issue, whether a person is suffering from a severe and persistent mental illness 
within the meaning of section 3801, subsection 8-A; 
(3) Whether the person poses a likelihood of serious harm within the meaning of 
section 3801. subsection 4; and 
(4) When involuntary treatment is at issue, whether the need for such treatment 
meets the criteria of subsection 7-A, paragraphs A and B. 
F. The examiners shall report to the eOl:lrt as to whether the person presents a 
likelihood of seriol:ls harm within the meaning of seetion 380 I, sl:l9seetion 4.' 
SUMMARY 
This amendment incorporates changes made to the Maine Revised Statutes, Title 34-
B, section 3864, subsection 4,by a recently ch tered law in order to prevent a conflict. 
SPONSOREDBY:~~~~~~~~ 
_________ ___ 
(Representa 
TOWN: Calais 
HOUSE AMENDMENT