An Act Regarding Emergency Involuntary Admission of a Participant in the Department of Health and Human Services Progressive Treatment Program to a State Mental Institute
Maine Legislature, Session 124, LD 0337
Committee: Judiciary
Sponsors: NUTTING, MARRACHE, RA YE, LEWIN, PERRY
Amends: 34-B MRSA §3863

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST IlEGULAR SESSION-2009 
Legislative Document 
No. 337 
S.P.101 
In Senate, February 3,2009 
An Act Regarding Emergency Involuntary Admission of a 
Participant in the Department of Health and Human Services' 
Progressive Treatment Program to a State Mental Institute 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: MARRACHE of Kelmebec, RA YE of Washington, Representatives: 
LEWIN of Eliot, PERRY of Calais. 
Printed on rec) c1ed paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 34-B MRSA §3863, sub-§8, as enacted by PL 2005, c. 519, Pt. BBBB, §8 
and affected by§20, is amended to read: 
8. 
Rehospitalization from progre~sive treatment program. 
The assertive 
community treatment team physicianei'.> psychologist, certified psychiatric clinical nurse 
specialist or nurse practitioner may make a written application under this section to admit 
to astate mental health institute a person who fails to fully participate in the progressive 
treatment program in accordance with section 3873, subsection S. The provisions of this 
section apply to that application, except that the standard for admission is governed by 
section 3873, subsection 5, paragraph B. 
Sec. 2. 34-B MRSA §,3873, sub-§5, ~A,as enacted by PL 2005, c. 519, Pt. 
BBBB, §14 and affected by §20,.is amended toread: 
A. 
If the person does not fully participate in the program and follow the 
individualized treatment plan and if the assertive community .treatment team· 
physician. ei'.> psychologist, certified psychiatric clinical nurse speCialist ormlrse 
practitioner determines, based on clinical findings, that as a result of failure to fully 
participate or follow the individualized treatment plan the person's mental health has 
deteriorated so that hospitalization is in the person's best interest and the person poses 
a likelihood of serious harm as defmed in section 3801,supsection.4, paragraph D, 
the assertive community treatment. team physician. ei'.> psycho,logist, certified 
psychiatric clinical nurse specialist or. nurse practitioner shall~oriiplete a certificate 
stating that the person requires hospitalization and theground~ for that' belief. The 
person may agree to hospitalization or may be subject to an application for 
readmission under paragraph B. 
SUMMARY 
This bill broadens the list of persons who are authorized to petition the District Court 
for rehospitalization of a participant in the progressive treatment program to include 2 
categories of nurses who are already authorized to certify emergency hospitalization. 
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