An Act To Clarify and Affinn the Scope of Services Available to Persons with Mental Retardation or Autism
Maine Legislature, Session 123, LD 1907
Committee Amendment CA_A_S297 (Senate)
Amends: 5 MRSA §12004-J, 34-B MRSA §1223, 34-B MRSA §1216, 34-B MRSA §5001, 34-B MRSA §5610

COMMITTEE AMENDMENT ''A " to S.P. 707, L.D. 1907, Bill, "An Act To 
Clarify and Affinn the Scope of Services Available to Persons with Mental Retardation 
or Autism" 
Amend the bill by striking out all of section 3 (page 1, lines 14 to 22 in L.D.) and 
inserting the following: 
'Sec. 3. 5 MRSA §12004-J, sub-§15 is enacted to read: 
15. 
Mental Health 
and Mental 
Retardation 
Maine 
Developmental 
Services 
Oversight and 
Advisory Board 
Per diem for 
noncompensated 
members, as 
specified by board 
rule or policy, and 
expenses for all 
members of the 
board 
Amend the bill by inserting after section 5 the following: 
34-B MRSA §1223 
'Sec. 6. 34-B MRSA §1216, sub-§4, as enacted by PL 1995, c. 127, §1, is 
repealed and the following enacted in its place: 
4. Repeal. This section is repealed on the later of: 
A. Forty-five days after the United States District Court releases the State from all 
obligations under the community consent decree, Consumer Advisory Board et al. v. 
Glover, No. 91-321-P-C (D. Me., September 28, 1994); and 
B. January 1. 2009.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'j1 "to S.P. 707, L.D. 1907 
Amend the bill in section 6 in § 1223 in subsection 1 in the 2nd line (page 1, line 31 in 
L.D.) by striking out the following: "12004-1, subsection 61-A" and inserting the 
following: ']2004-J, subsection IS' 
Amend the bill in section 6 in § 1223 in subsection 1 in paragraph C by inserting at 
the end the following: 
'Of these members, at least 4 must be persons with mental 
retardation or autism, referred to in this section as "self-advocates.'" 
Amend the bill in section 6 in § 1223 by striking out all of subsection 4 (page 2, lines 
to 34 in L.D.) and inserting the fol1owing: 
'4. 
Compensation. 
Members of the board are entitled to reimbursement of 
reasonable expenses incurred in order to serve on the board as provided in Title 5, section 
12004-J, subsection 15. Members not otherwise compensated by their employers or other 
entities whom they represent are entitled to receive a per diem as established by rule or 
policy adopted by the board for their attendance at authorized meetings of the board.' 
Amend the bill in section 6 in § 1223 in subsection 6 in the 4th line (page 2, line 39 in 
L.D.) by inserting after the following: "account," the folIowing: 'as a separate line item,' 
Amend the bill in section 6 in § 1223 in subsection 8 in paragraph A in the first line 
(page 3, line 5 in L.D.) by striking out the following: "to persons" and inserting the 
folIowing: 'for adults' 
Amend the bill in section 6 in § 1223 in subsection 9 in paragraph A in the first line 
(page 3, line 18 in L.D.) by striking out the foI1owing: "other alternative" and inserting 
the following: 'other forum' 
Amend the bill in section 6 in § 1223 in subsection 9 in paragraph E by striking out all 
of the last underlined sentence (page 3, lines 41 and 42 and page 4, lines 1 to 3 in L.D.) 
Amend the bill in section 6 in § 1223 in subsection 9 by inserting after paragraph E 
the following: 
'F. The board may refer individual cases that require investigation or action to the 
Office of Adults with Cognitive and Physical Disability Services or the Office of 
Advocacy within the department, the protection and advocacy agency designated 
pursuant to Title 5, section 19502 or other appropriate agency.' 
Amend the bill in section 6 in § 1223 in subsection lOin the first line (page 4, line 4 
in L.D.) by striking out the following: "; referral of individual cases" 
Amend the bill in section 6 in § 1223 in subsection 10 by striking out all of paragraph 
C (page 4, lines 23 to 31 in L.D.) and inserting the following: 
'C. The board may request and review reports of actions taken by an entity to which 
a referral is made under subsection 9, paragraph F. If these reports are likely to reveal 
personally identifying information, the board shall conduct reviews in executive 
session and shall take all actions necessary and appropriate to preserve the 
confidentiality of the information.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 707, L.D. 1907 
Amend the bill in section 6 in § 1223 in subsection 11 in paragraph E in the first line 
(page 5, line 9 in L.D.) by striking out the following: "stipends for certain" and inserting 
the following: 'per diem stipends for' 
Amend the bill by striking out all of sections 8 to 11 and inserting the following: 
'Sec. 8. 34-B MRSA §5001, sub-§l-C is enacted to read: 
I-C. Family. "Family" means those persons that the person defines as included in 
that person's family, including as appropriate unpaid individuals with whom the person 
resides. 
Sec. 9. 34-B MRSA §5001, sub-§2-A is enacted to read: 
2-A. Individual support coordinator. "Individual support coordinator" means a 
regional staff member of the department with the responsibility for coordinating the 
personal planning and professional services for a person with mental retardation or 
autism. 
Sec. 10. 34-B MRSA §5001, sub-§3-B is enacted to read: 
3-D. Person. "Person" means an adult with mental retardation or autism. 
Sec. 11. 34-B MRSA §5001, sub-§3-C is enacted to read: 
3-C. Personal planning. "Personal planning" means a process that assists and 
supports each person with mental retardation or autism in creating a vision for how to live 
in and be a part of the community. 
Sec. 12. 34-B MRSA §5001, sub-§3-D is enacted to read: 
3-D. Personal planning team. "Personal planning team" means the person with 
mental retardation or autism, the person's guardian, if any, the person's individual support 
coordinator or case manager and other individuals chosen or identified by the person to 
participate in personal planning. 
Sec. 13. 34-B MRSA §5001, sub-§3-E is enacted to read: 
3-E. Professional services. "Professional services" means services provided by 
individuals licensed to provide medical or behavioral health care and treatment, including 
but not limited to physicians, nurses, physical therapists. occupational therapists, 
psychologists, speech therapists and dentists. ' 
Amend the bill in section 13 in §5003-A in subsection 2 in paragraph G by striking 
out all of subparagraph (1) (page 6, lines 39 and 40 and page 7, lines 1 and 2 in L.D.) and 
inserting the following: 
'(1) The commissioner shall work actively with the Commissioner of Education 
to ensure that persons with mental retardation or autism receive appropriate 
services upon being diagnosed with either disability regardless of the degree of 
retardation or autism or accompanying disabilities or handicaps;' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " to S.P. 707, L.D. 1907 
Amend the bill in section 13 in §5003-A in subsection 3 in paragraph D in the first 
line (page 7, line 23 in L.D.) by inserting after the following: "mental retardation" the 
following: 'and autism' 
Amend the bill in section 13 in §5003-A in subsection 3 in paragraph F in the 2nd 
line (page 7, line 28 in L.D.) by inserting after the following: "retardation" the following: 
'and autism' 
Amend the bill in section 13 in §5003-A in subsection 3 in paragraph H in the 2nd 
line (page 7, line 34 in L.D.) by inserting after the following: "mental retardation" the 
following: 'and autism' 
Amend the bill in section 14 in §5005 in subsection 3 in paragraph F in the 4th and 
5th lines (page 10, lines 2 and 3 in L.D.) by striking out the following: "field of mental 
health and mental retardation" and inserting the following: 'fields of mental health, mental 
retardation and autism' 
Amend the bill in section 18 in §5470-B by striking out all of subsection 1 (page 13, 
lines 37 to 39 in L.D.) and inserting the following: 
'1. Right to personal planning. Every adult with mental retardation or autism who 
is eligible for services must be provided the opportunity to engage in a personal planning 
process in which the needs and desires of the person are articulated and identified.' 
Amend the bill in section 22 in paragraph B by striking out all of subparagraph (2) 
(page 18, lines 4 to 8 in L.D.) and inserting the following: 
'(2) For an adult 18 years of age or older, with the approval, following a case-
by-case review, of a review team composed of an advocate from the Office of 
Advocacy; a representative of the Divisioa of :Meatal Retafdatioa Office of 
Adults with Cognitive and Physical Disabi1ities; and a representative of the 
COfl:Stiffier Advisor), Board Maine Developmental Services Oversight and 
Advisory Board; and' 
Amend the bill by striking out all of section 24 (page 18, lines 26 to 39 and page 19, 
lines 1 to 11 in L.D.) and inserting the following: 
'Sec. 24. 34-B MRSA §5610 is enacted to read: 
§5610. Service delivery 
1. Guiding service delivery. The delivery of services by providers of services and 
the department to persons with mental retardation and autism is guided by the following. 
A. Persons with mental retardation or autism have the same rights as all citizens, 
including the rights to live, work and participate in the life of the community. 
B. 
Community inclusion is achieved by connecting persons and their families, 
whenever possible, to local and generic supports within the community and by the 
use of residential services that are small and integrated into the community. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " to S.P. 707, L.D. 1907 
C. Real work for real pay for persons in integrated settings in the community is the 
cornerstone of all vocational and employment services. 
D. Service delivery to persons with mental retardation and autism is based on the 
following fundamentals: 
(1) Maximizing the growth and development of the person and inclusion in the 
community; 
(2) Maximizing the person's control over that person's life; 
(3) Supporting the person in that person's own home; 
(4) Acknowledging and enhancing the role of the family, as appropriate, as the 
primary and most natural caregiver; and 
(5) Planning for the delivery of community services that: 
(a) Promotes a high quality of life; 
(b) Is based on ongoing individualized assessment of the strengths, needs and 
preferences of the person and the strengths of that person's family; and 
(c) Identifies and considers connections in other areas of the person's life, 
including but not limited to family, allies, friends, work, recreation and 
spirituality. ' 
Amend the bill by striking out all of sections 26 and 27 (page 19, lines 20 to 38 and 
'Sec. 26. Initial appointments. Notwithstanding the Maine Revised Statutes, 
Title 34-B, section 1223, subsection 1, the Consumer Advisory Board, established 
pursuant to Title 34-B, section 1216, and the Maine Advisory Committee on Mental 
Retardation, established pursuant to Title 5, section 12004-1, subsection 61, in 
anticipation of the effective date of Title 34-B, section 1223, one month prior to that date 
shall appoint the initial 15 members of the Maine Developmental Services Oversight and 
Advisory Board as follows: 
1. Four members selected by the Consumer Advisory Board; 
2. Two members selected by the Maine Advisory Committee on Mental Retardation; 
3. One member selected by the protection and advocacy agency designated pursuant 
to Title 5, section 19502; 
4. One member selected by a statewide coalition that works to support and facilitate 
the ability of local and statewide self-advocacy organizations to network with each other 
and with national organizations; and 
5. Seven members who are selected by a group that consists of: 
A. Two persons appointed by the Governor; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ",A " to S.P. 707, L.D. 1907 
B. One person appointed by a statewide coalition that works to support and facilitate 
the ability of local and statewide self-advocacy organizations to network with each 
other and with national organizations; 
C. One person appointed by the protection and advocacy agency designated pursuant 
to Title 5, section 19502; 
D. One person appointed by a statewide association of community service providers; 
and 
E. 
One person appointed by the Maine Developmental Disabilities Council 
established by Title 5, section 12004-1, subsection 66. 
Notwithstanding the Maine Revised Statutes, Title 34-B, section 1223, subsection 2, 
of the initial appointments to the Maine Developmental Services Oversight and Advisory 
Board, the Consumer Advisory Board and the Maine Advisory Council on Mental 
Retardation shall designate 5 members to serve an initial term of one year, 5 members to 
serve an initial term of2 years and 5 members to serve an initial term of3 years. 
Members initially appointed to the Maine Developmental Services Oversight and 
Advisory Board must include stakeholders involved in services and supports for persons 
with menta] retardation or autism in the State and other individuals interested in issues 
affecting persons with menta] retardation or autism. Employees of the Department of 
Health and Human Services may not be appointed as members of the board.' 
Amend the bill in section 28 by inserting after subsection 3 the following: 
'4. 
BUdgets. 
The Department of Health and Human Services shall take the 
following actions with regard to the budgets of the Consumer Advisory Board and 
expenses with regard to the community consent decree, Consumer Advisory Board et a1. 
v. Glover, No. 91-321-P-C (D. Me. September 28, 1994): 
A. For state fiscal year 2008-09, on the date that the Consumer Advisory Board is 
repealed, the department shall transfer by financial order to the Maine Developmental 
Services Oversight and Advisory Board the remainder of the unencumbered balance 
in the budget of the Consumer Advisory Board for fiscal year 2008-09; and 
B. Beginning with state fiscal year 2010-12, the department shall include a line item 
in the department budget submission to the State Budget Officer pursuant to the 
Maine Revised Statutes, Title 5, section 1665 for the Maine Developmental Services 
Oversight and Advisory Board. The submission to the State Budget Officer must 
reflect the budget decisions of the board with regard to funding and expenditures 
under Title 34-B, section 1223, subsection 9, paragraph B.' 
Amend the bill by striking out all of section 29 (page 20, lines 35 to 37 in L.D.) and 
inserting the following: 
'Sec. 29. Effective dates. This Act takes effect November 1,2007, except that the 
following sections take effect upon elimination of the Consumer Advisory Board 
pursuant to the Maine Revised Statutes, Title 34-B, section 1216, subsection 4: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ';,1 "to S.P. 707, L.D. 1907 
1. Those sections of this Act that repeal Title 3, section 959, subsection 1, paragraph 
F, and Title 5, section 12004-1, subsection 61; 
2. 
That section of this Act that amends Title 34-B, section 5605, subsection 13, 
paragraph B; and 
3. Those sections of this Act that enact Title 5, section 12004-J, subsection 15 and 
Title 34-B, section 1223.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. Specifies that all members of the Maine Development Services Oversight and 
Advisory Board are entitled to expenses for attending board meetings and that 
noncompensated members are entitled to per diem, as specified by board rule or policy; 
2. Amends and adds an alternative date for the repeal of the Consumer Advisory 
Board; 
3. Specifies that at least 4 members of the Maine Developmental Services Oversight 
and Advisory Board must be self-advocates; 
4. Clarifies language regarding the referral of individual cases for investigation or 
action; 
5. 
Specifies that eligibility for services begins upon diagnosis of mental retardation 
or autism; 
6. 
Provides that the initial appointments to the Maine Developmental Services 
Oversight and Advisory Board be made by the Consumer Advisory Board and the Maine 
Advisory Committee on Mental Retardation rather than by the Governor; 
7. 
Provides transition language with regard to the budgets of the Maine 
Developmental Services Oversight and Advisory Board; 
8. Provides effective dates that are connected to the repeal of the Consumer Advisory 
Board for several specific sections of the bill and a general effective date of November 1, 
2007; and 
9. Specifies that the Department of Health and Human Services must include in its 
estimate of expenditure and appropriation requirements funds for the board as a separate 
line item. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/09/07 frac 
LD 1907 
LR 2585(02) 
An Act To Clarify and Affirm the Scope of Services Available to Persons with Mental Retardation or 
Autism 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''A " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with claritying the statutes concerning services to persons with mental retardation or 
autism can be absorbed by the Department ofHeaIth and Human Services utilizing existing budgeted resources. 
LR2585(02) - Fiscal Note - Page 1 of 1