An Act To Establish a Mental Health Services Advisory Commission To Improve Mental Health Services in the State (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1396
Committee: Health and Human Services
Sponsors: PERRY, EVES, LEWIN, PETERSON, PINGREE, STRANG BURGESS, STUCKEY, MITCHELL
Amends: 5 MRSA §12004-I, 5 MRSA §3551

Legislative Document 
No. 1396 
H.P.975 
House.ofRepresentatives, April 2, 2009 
An Act To Establish a Mental Health Services Advisory Commission 
To Improve Mental Health Services in the State 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative PERRY of Calais. 
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1?1.1ll!!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: EVES of North Berwick, LEWIN of Eliot, PETERSON of 
Rumford, Speaker PINGREE of North Hayen, STRANG BURGESS of Cumberland, 
STUCKEY of Portland, Senator: President MITCHELL of Kennebec. 
Primr:d 011 rccydr.:t1 papr:r 
Be it enacted by the People of the State of Maine as follows: 
Se.c.1. 5 MRSA c. 331 is enacted to read: 
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CHAPTER 331 
MENTAL HEALTH SERVICES ADVISORY COMMISSION 
§3551. Mental Health Services Advisory Commission 
The Mental Health Services Advisory Commission, referred to in this chapter as "the 
commission"and established by section· 12004-1, subsection 47-H, is established to 
advise, consult and assist the Governor and the executive, legislative and· judicial 
branches of State Government with activities of State Government related to mental 
- health services. 
§3552. Membership 
1. Members; appointment. The commission consists of 17 members appointed as 
follows: 
A. One member of the Senate, appointed by the President of the Senate, and 5 
members of the Legislature who may be members of either the Senate or the. House 
. of Representatives, appointed by the President of the Senate if Senators or the 
Speaker of the House if members of the House of Representatives. Two of-these 5 at-
large members of the Legislature must be members of the joint standing committee of 
the Legislature having jurisdiction over health and human services matters; 
B. One representative of the Department of Health and Human Services, office of 
adult mental health services, appointed by the Commissioner of Health and Human 
Services; 
C. 
One psychiatrist lmowledgeable about the State's mental health services, 
appointed by the Governor; 
D. One nominee of a statewide alliance for mental health services, appointed by the 
Governor; 
E. 
One attorney who represents clients involved with the mental health system, 
appointed by the Gov.ernor; 
F. One mental health services practitioner, one mental health education practitioner, 
one mental health treatment practitioner and 3 mental health services providers, 
. aimointed by the Governor; and 
G. One private sector employer familiar with mental ·health employee assistance 
programs, appointed by the Governor. 
2. Qualifications. To be guallfied to· serve on the commission, members must have 
education, training, experience; expertise and interest in and lmowledge of mental health 
services and training. Members must reflect experiential diversity and concern for mental 
health services and treatment in the State. 
Members must have an unselfish and 
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dedicated personal interest demonstrated by active participation in mental health such as 
services, treatment, rehabilitation, trainingorresearch in mental health. 
3. Term; vacancies. Terms of appointment to the commission begin and expire on 
June 1 st. A vacancy in the commission does not affect the commission's powers, but 
must be filled in the same manner as the original appointment. The term of office for 
members of the commission is 3· years, except that a member appointed to fill a vacancy 
in an unexpired term serves only for the remainder of that term. Members hold office 
until.the appointment and confirmation of their successors. 
4. Reappointment; termination. Members may be appointed for 2 consecutive 
terms only and may serve after the expiration of their terms until their successors have 
been appointed and qualified and have taken office. 
The appointing authority may . 
terminate the appointment of a member for good and just cause and the appointing 
authority shall communicate the reason for the termination to the member tenninated. 
The appointment of a member of the commission is terminated if the member is absent 
from 3 consecutive meetings without a good and just cause that is communicated to the 
chair of the commission. 
5. 
Chair; officers. 
The Governor shall designate one member to chair the 
commission. The commission may elect other officers from its members as it considers 
appropriate. 
. 6. 
Subcommittees:· 
The cormrusslOn ·may appoint from its membership 
subcommittees relating to particular problem areas or other matters as long as the 
commission functions as an integrated commission. 
7. Administrative and financial assistance. The Department of Health and Human 
Services shall provide the commission administrative or financial assistance that is 
available from department resources. 
§3553. Meetings; compensation; quorum 
1. Calling meetings . . The commission shall meet at the call of the chair or at the call 
of at least 1/4 of the members appointed and currently holding office. 
2. Frequency of meetings. The commission shall meet at least 12 times a year and 
at least once a month. 
3. Minutes. The commission shall keep minutes of all meetings, including a list of 
people in attendance. . The commission shall immediately send copies of the minutes to 
the Governor and the leadership of the Legislature,. who shall provide for their 
appropriate distribution and retention in a place of safekeeping .. 
4. Compensation. Members of the commission are entitled to compensation under 
section 12002-A. 
5. Quorum; council action. A majority of the .commission members constitutes a 
quorum for the purpose of conducting the business and exercising all the powers of the 
cormmsslon. A vote of a majority of the members present is sufficient for all actions of 
the commission. 
§3554. Duties of the commission 
The commission, in cooperation with the Department of Health and Human Services,. 
has the following duties. 
1. Advise the department. The conumssion shall advise the Department of Health 
and Human Services in the development and implementation of significant policy matters 
relating to mental health.' 
2. Serve as advocate; review· and evaluate; inform the public. The commission 
shall serve as an advocate on mental health services, promoting and assisting activities 
designed to meet the problems of mental health at the national and state levels. With the 
support of the Department of Health and Human Services, the commission shall review· 
and evaluate on a continuing basis state and federal policies and programs relating to 
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mental health services conducted or assisted by state· departments or agencies that affect 
persons involved in the mental health system. In cooperation with the department, the 
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commission shall keep the public informed by collecting and disseIninating information, 
by conducting or commissioning studies and publishing the results of those studies, by 
issuing publications and reports and by providing public forums, including conferences 
and workshops. 
3. Report to the Legislature. The commission shall report annually to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters and the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs on or before the last business day of each year. The 
report must include developments and needs and significant policy matters relating to 
mental health services .. 
Sec. 2. 5 MRSA §12004-I, sub-§47-H is enacted to read: 
47-H. 
Human Services: 
Mental Health 
Mental Health 
Services Advisory 
Commission 
Expenses Only 
MRSA §3551 
Sec. 3. Mental Health Services Advisory Commission; staggered terms 
for initial appointees. Notwithstanding the Maine Revised Statutes, Title 5,. section 
3552, subsection 3, the terms of the 6 members appointed under section 3552, subsection 
1, paragraph F are staggered. Of the initial appointees under that paragraph, 2 are 
appointed for terms of 3 years, 2 for terms of 2 years and 2 for terms of one year. 
SUMMARY 
This bill establishes the Mental Health Services Advisory Commission to look at how 
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mental health services are delivered statewide and to advise, consult and assist the 
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Governor and the executive, legislative and judicial branches of State Government with 
activities of State Government related to the delivery of mental health services.