An Act To Establish One State Psychiatric Hospital
Maine Legislature, Session 125, LD 1263
Committee: Health and Human Services
Sponsors: BRANNIGAN
Amends: 22-A MRSA §208, 34-B MRSA §1001, 34-B MRSA §1409, 34-B MRSA §3607-A, 34-B MRSA §3801, 5 MRSA §19503, 5 MRSA §19509, 17-A MRSA §1175, 22 MRSA §1711-C, 22 MRSA §4023, 24-A MRSA §2204, 34-A MRSA §11222, 34-A MRSA §11254, 34-B MRSA §1207, 34-B MRSA §1217, 34-B MRSA §3604, 34-B MRSA §15002

Legislative Document 
No. 1263 
S.P. 384 
In Senate, March 22, 2011 
An Act To Establish One State Psychiatric Hospital 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator BRANNIGAN of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  22-A MRSA §208, as enacted by PL 2007, c. 539, Pt. N, §47, is 
amended to read: 
§208.  Maintenance of one state psychiatric hospital 
The commissioner shall maintain 2 campuses of one state mental health institutes 
psychiatric hospital for the mentally ill, one campus at Bangor called the Dorothea Dix 
Psychiatric Center and the other campus at Augusta called the Riverview Psychiatric 
Center. 
Sec. A-2.  34-B MRSA §1001, sub-§8, as amended by PL 2007, c. 539, Pt. N, 
§57, is further amended to read: 
8.  State institution; state psychiatric hospital.  "State institution" or "state 
psychiatric hospital" means: 
A.  The state psychiatric hospital campus at the Riverview Psychiatric Center; 
B.  The state psychiatric hospital campus at the Dorothea Dix Psychiatric Center; or 
D.  Before October 1, 2008, the Elizabeth Levinson Center. 
Sec. A-3.  34-B MRSA §1409, sub-§1, ¶B-1, as enacted by PL 2005, c. 256, §1, 
is amended to read: 
B-1.    "Resident," for purposes of this section and this section only, means any of the 
following: 
(1)  A person who is an inpatient; or 
(2)  A person who is an outpatient receiving services from any state institution, 
including outpatient clinic services; or. 
(3)  A resident of the Homestead facility. 
Sec. A-4.  34-B MRSA §1409, sub-§1, ¶D, as enacted by PL 2005, c. 683, Pt. B, 
§30, is repealed. 
Sec. A-5.  34-B MRSA §1409, sub-§13, as amended by PL 2005, c. 256, §4, is 
further amended to read: 
13.  Special revenue account; state psychiatric hospital.  The commissioner shall 
establish a special revenue account for the Riverview Psychiatric Center and the 
Homestead facility state psychiatric hospital and shall deposit into it payments or income 
received from residents clients of the Riverview Psychiatric Center and the Homestead 
facility state psychiatric hospital, the Medicaid program or other 3rd-party payors.  The 
commissioner shall use the funds on deposit for expenses of the Riverview Psychiatric 
Center and the Homestead facility state psychiatric hospital. 
Sec. A-6.  34-B MRSA §1409, sub-§14, as enacted by PL 1991, c. 528, Pt. Q, §6 
and affected by Pt. RRR; enacted by c. 591, §6; and amended by PL 2005, c. 236, §3, is 
repealed. 
Sec. A-7.  34-B MRSA §1409, sub-§15, as amended by PL 2011, c. 1, Pt. S, §2, 
is further amended to read: 
15.  General Fund accounts; disproportionate share hospital match.  The 
commissioner shall establish a General Fund accounts account to provide the General 
Fund match for eligible disproportionate share hospital components in the Riverview 
Psychiatric Center and the Dorothea Dix Psychiatric Center state psychiatric hospital.  
Any unencumbered balances balance of General Fund appropriations remaining at the 
end of each fiscal year must be carried forward to be used for the same purposes.  
Available Any available unencumbered balances balance at the end of each fiscal year in 
the Personal Services line category of the accounts account may be transferred to the All 
Other line category by financial order upon the recommendation of the State Budget 
Officer and approval of the Governor. 
Sec. A-8.  34-B MRSA §3607-A, as enacted by PL 2007, c. 286, §7, is amended 
to read: 
§3607-A.  Hospital council 
1.  Definitions.  As used in this section and sections 3608 and 3609, unless the 
context otherwise indicates, the following terms have the following meanings. 
A.  "Consumer" means a recipient or former recipient of publicly funded mental 
health services or an adult who has or had a major mental illness. 
B.  "Family member" means a relative, guardian or household member of an adult 
consumer. 
C.  "Institute Hospital council" means an institute the hospital council, at either the 
Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center, at the state 
psychiatric hospital approved by the commissioner pursuant to subsection 2, 
paragraph B. 
D.  "Major mental illness" means a diagnosis of mental illness as defined in rules 
adopted by the department.  Rules adopted pursuant to this paragraph are routine 
technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
E.  "Network" means a community service network established pursuant to section 
3608. 
F.  "Service provider" or "provider" means a person or organization providing 
publicly funded mental health services to consumers or family members. 
2.  Hospital council established.  There are established institute councils, one for the 
Riverview Psychiatric Center and one for the Dorothea Dix Psychiatric Center, is 
established a hospital council at the state psychiatric hospital to evaluate the delivery of 
mental health services and advise the department regarding quality assurance and 
operations and functions of the mental health institute state psychiatric hospital.  The 
councils operate hospital council operates under the authority of the department. 
A.  Each institute The hospital council consists of no more than 25 members, taking 
into consideration local geographic factors.  The membership on each institute 
council consists of consumers, family members, community members, hospital staff 
and providers.  A resident or former resident of the Riverview Psychiatric Center or 
the Dorothea Dix Psychiatric Center, a family member of a resident or former 
resident, a community member in the Augusta or Bangor region and a service 
provider at those institutes the hospital may make recommendations regarding 
membership on the institute councils hospital council to the commissioner. 
B.  The institute councils hospital council shall adopt bylaws that establish 
membership, the terms and qualifications of membership and the internal governance 
and rules.  The commissioner shall approve the bylaws of each institute the hospital 
council prior to designating it as an approved institute council. 
3.  State psychiatric hospital council directors; responsibilities.  The 
superintendents superintendent of the Riverview Psychiatric Center and the Dorothea Dix 
Psychiatric Center are the state psychiatric hospital is responsible for the operation of the 
institute councils hospital council and for dispute resolution within those institute 
councils.  The superintendents shall receive reports from the institute councils, consider 
the recommendations of the institute councils and report periodically to the commissioner 
on their performance. 
4.  State psychiatric hospital council.  Within the limitations of state and federal 
law, the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center, referred 
to in this subsection as "the mental health institutes," state psychiatric hospital and the 
department shall provide information to the institute councils adequate to perform their 
duties hospital council, including, but not limited to: 
A.  Input into the annual budgets of the mental health institutes 2 campuses of the 
state psychiatric hospital; 
B.  Achievement of the goals and objectives of the department as they pertain to the 
mental health institutes state psychiatric hospital; 
C.  Compliance with all professional accreditation standards applicable to the mental 
health institutes state psychiatric hospital; 
D.  Review, oversight and assessment of services and programs provided to residents 
of the mental health institutes clients of the state psychiatric hospital and their 
families; 
E.  Review of personnel policies and employment patterns, including staffing 
requirements and patterns, the use of overtime assignments and training and job 
development; 
F.  Input into public relations efforts of the department and the mental health 
institutes state psychiatric hospital and community education initiatives; and 
G.  Monitoring building and grounds maintenance and safety and risk  management 
on the campuses of the mental health institutes state psychiatric hospital. 
Sec. A-9.  34-B MRSA §3801, sub-§9, as enacted by PL 1983, c. 459, §7 and 
amended by PL 2005, c. 236, §§3 and 4, is further amended to read: 
9.  State mental health institute.  "State mental health institute" means the 
Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center state psychiatric 
hospital.  
PART B 
Sec. B-1.  5 MRSA §19503, sub-§5, as repealed and replaced by PL 2001, c. 357, 
§7, is amended to read: 
5.  Facility.  "Facility" means the state psychiatric hospital or any foster home; 
boarding home; nursing home; group home; hospital; state mental health institute; state-
operated psychiatric treatment facility; state, county or municipal correctional or 
detention facility; shelter; or any other facility licensed or funded by the State, or any 
subdivision of the State, for the provision of services, supports and other assistance or 
residential services or treatment.  "Facility" includes any facility providing services, 
supports and other assistance or residential services or treatment that operates without a 
license that is required by law, ordinance or rule. 
Sec. B-2.  5 MRSA §19509, first ¶, as amended by PL 2001, c. 471, Pt. D, §8 and 
affected by §10, is further amended to read: 
Notwithstanding any provision of law to the contrary, the following provisions apply 
to psychiatric hospitals, hospital units that are equipped to provide inpatient care and 
treatment for persons with mental illness, the state mental health institutes psychiatric 
hospital and state-operated psychiatric treatment facilities. Notice provided under this 
section must be provided within 7 days of the date of the death, attempted suicide or the 
incident causing a serious injury resulting in significant impairment of physical condition.  
Notice provided under this section must include the name of the person with a disability; 
the name, address and telephone number of that person's legal guardian, conservator or 
legal representative and parent if that person is a minor; a detailed description of the 
occurrence and any injuries sustained; the name, street address and telephone number of 
the facility; and the name and job title of the person providing the notice. 
Sec. B-3.  5 MRSA §19509, sub-§2, as enacted by PL 2001, c. 357, §16, is 
amended to read: 
2.  State psychiatric hospital; state-operated psychiatric treatment facilities.  A 
The state mental health institute psychiatric hospital or a state-operated psychiatric 
treatment facility shall notify the agency and provide access to information relating to a 
person with a disability if that person, while in the hospital, has died, attempted suicide or 
sustained a serious injury resulting in significant impairment of physical condition.  For 
the purposes of this subsection, significant impairment includes serious injuries resulting 
from burns, lacerations, bone fractures, substantial hematoma and injuries to internal 
organs whether self-inflicted or inflicted by another person. 
Sec. B-4.  17-A MRSA §1175, sub-§1, as enacted by PL 1995, c. 680, §5, is 
amended to read: 
1.    A victim who wishes to receive notification must file a request for notification of 
the defendant's release with the office of the attorney for the State.  The attorney for the 
State shall forward this request form to the Department of Corrections, to the state mental 
health institute psychiatric hospital or to the county jail to which that defendant is 
committed. 
Sec. B-5.  17-A MRSA §1175, sub-§2, as enacted by PL 1995, c. 680, §5, is 
amended to read: 
2.    The Department of Corrections, the state mental health institute psychiatric 
hospital or the county jail to which the defendant is committed shall keep the victim's 
written request in the file of the defendant and shall notify the victim by mail of any 
impending release as soon as the release date is set.  This notice must be mailed to the 
address provided in the request or any subsequent address provided by the victim. 
Sec. B-6.  17-A MRSA §1175, sub-§4, ¶B, as enacted by PL 1995, c. 680, §5, is 
amended to read: 
B.  The victim has filed a written request with the Department of Corrections, the 
state mental health institute psychiatric hospital or the county jail to which the 
defendant is committed asking that no further notice be given. 
Sec. B-7.  17-A MRSA §1175, sub-§5, as corrected by RR 1999, c. 2, §20 and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §7, is further amended to 
read: 
5.    Neither the failure to perform the requirements of this chapter nor compliance 
with this chapter subjects the attorney for the State, the Commissioner of Corrections, the 
Department of Corrections, the Commissioner of Health and Human Services, the state 
mental health institute psychiatric hospital or the county jail or the employees or officers 
of the attorney for the State, the Commissioner of Corrections, the Department of 
Corrections, the Commissioner of Health and Human Services, the state mental health 
institute psychiatric hospital or the county jail to liability in a civil action. 
Sec. B-8.  22 MRSA §1711-C, sub-§1, ¶D, as enacted by PL 1997, c. 793, Pt. A, 
§8 and affected by §10, is amended to read: 
D.  "Health care facility" or "facility" means a facility, institution or entity licensed 
pursuant to this Title that offers health care to persons in this State, including a home 
health care provider, hospice program and a pharmacy licensed pursuant to Title 32.  
For the purposes of this section, "health care facility" does not include a the state 
mental health institute psychiatric hospital, the Elizabeth Levinson Center, the 
Aroostook Residential Center or Freeport Towne Square. 
Sec. B-9.  22 MRSA §4023, sub-§2, ¶E, as enacted by PL 2003, c. 626, §3, is 
amended to read: 
E.  In a situation in which the child has lost both parents as a result of a homicide or 
has lost one parent and the other parent has been arrested, detained or sentenced and 
committed to a state correctional facility, the state mental health institute psychiatric 
hospital or a county jail for an offense related to the homicide. 
Sec. B-10.  24-A MRSA §2204, sub-§10, as enacted by PL 1997, c. 677, §3 and 
affected by §5, is amended to read: 
10.  Health care facility.  "Health care facility" means a facility, institution or entity 
licensed pursuant to Title 22 that offers health care to persons in this State, including a 
home health care entity and a hospice program, or a pharmacy licensed pursuant to Title 
32.  For the purposes of this chapter, "health care facility" does not include a the state 
mental health institute psychiatric hospital, the Elizabeth Levinson Center, the Aroostook 
Residential Center or Freeport Towne Square. 
Sec. B-11.  34-A MRSA §11222, sub-§2, as amended by PL 2009, c. 365, Pt. B, 
§15 and affected by §22, is further amended to read: 
2.  Responsibility of ensuring initial registration.  The department, the county jail 
or the state mental health institute psychiatric hospital that has custody of an offender 
shall inform the offender, prior to discharge or conditional release, of the duty to register.  
If an offender does not serve a period of institutional confinement, the court shall inform 
the offender at the time of sentencing of the duty to register.  The department, county jail, 
state mental health institute psychiatric hospital or court shall: 
A.  Inform the offender of the duty to register and obtain the information required for 
the initial registration; 
A-1.  Inform the offender of the requirement to notify the law enforcement agency 
having jurisdiction pursuant to subsection 1-B; 
B.  Inform the offender that if the offender changes domicile or changes residence, 
place of employment or college or school being attended, the offender shall give the 
new address to the bureau in writing within 5 days and shall notify the law 
enforcement agency having jurisdiction within 24 hours; 
C.  Inform the offender that if that offender changes domicile to another state, the 
offender shall register the new address with the bureau and if the new state has a 
registration requirement, the offender shall register with a designated law 
enforcement agency in the new state not later than 5 days after establishing domicile 
in the new state; 
D.  Inform the offender that if that offender has part-time or full-time employment in 
another state, with or without compensation, for more than 14 consecutive days or for 
an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in 
any type of school in another state on a part-time or full-time basis, the offender shall 
give the bureau the offender's place of employment or school to be attended in 
writing within 5 days after beginning work or attending school and if the other state 
has a registration requirement, shall register with the designated law enforcement 
agency in the other state; 
E.  Obtain fingerprints and a photograph of the offender or the court may order the 
offender to submit to the taking of fingerprints and a photograph at a specified law 
enforcement agency within 3 days if the fingerprints and photograph have not already 
been obtained in connection with the offense that necessitates registration; and 
F.  Enforce the requirement that the offender read and sign a form provided by the 
bureau that states that the duty of the offender to register under this section has been 
explained. 
Sec. B-12.  34-A MRSA §11222, sub-§3, as amended by PL 2009, c. 365, Pt. B, 
§15 and affected by §22, is further amended to read: 
3.  Transfer of initial registration information to bureau and FBI.  The 
department, county jail, state mental health institute psychiatric hospital or court within 3 
days of receipt of the information described in subsection 2 shall forward the information 
to the bureau.  If the court orders the offender to submit to the taking of fingerprints and a 
photograph at a specified law enforcement agency, the law enforcement agency shall 
submit the fingerprints and photograph to the bureau within 3 days.  The bureau shall 
immediately enter the information into the registration system, notify the law 
enforcement agencies having jurisdiction where the offender expects to be domiciled and 
reside and transmit the information to the FBI for inclusion in the national FBI sex 
offender database. 
Sec. B-13.  34-A MRSA §11254, first ¶, as amended by PL 2003, c. 711, Pt. C, 
§27 and affected by Pt. D, §2, is further amended to read: 
The department, county jails, state mental health institutes psychiatric hospital and 
the Department of Public Safety, State Bureau of Identification are governed by the 
following notice provisions when a registrant is conditionally released or discharged. 
Sec. B-14.  34-A MRSA §11254, sub-§1, as amended by PL 2003, c. 711, Pt. C, 
§27 and affected by Pt. D, §2, is further amended to read: 
1.  Duties.  The department, a county jail or a the state mental health institute 
psychiatric hospital shall give the Department of Public Safety, State Bureau of 
Identification notice of the following: 
A.  The address where the registrant will be domiciled and reside; 
B.  The address where the registrant will work and attend college or school, if 
applicable; 
C.  The geographic area to which a registrant's conditional release is limited, if any; 
and 
D.  The status of the registrant when released as determined by the risk assessment 
instrument, the registrant's risk assessment score, a copy of the risk assessment 
instrument and applicable contact standards for the registrant. 
Sec. B-15.  34-B MRSA §1207, sub-§1, ¶H, as amended by PL 2005, c. 683, Pt. 
A, §57, is further amended to read: 
H.  The names and dates of death of individuals who died while patients at the 
Augusta Mental Health Institute, the Bangor Mental Health Institute, the state 
psychiatric hospital campus at the Dorothea Dix Psychiatric Center or the state 
psychiatric hospital campus at the Riverview Psychiatric Center may be made 
available to the public in accordance with rules adopted by the department.  The rules 
must require the department to notify the public regarding the release of the 
information and to maintain the confidentiality of information concerning any 
deceased individual whose surviving relatives notify the department that they object 
to public disclosure.  Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-16.  34-B MRSA §1207, sub-§8, as enacted by PL 2009, c. 451, §9, is 
amended to read: 
8.  Disclosure of knowledge of firearms.  A licensed mental health professional 
shall notify law enforcement when the notification is made in good faith that the licensed 
mental health professional has reason to believe that a person committed to a the state 
mental health institute psychiatric hospital has access to firearms. 
Sec. B-17.  34-B MRSA §1217, as amended by PL 2005, c. 683, Pt. A, §58, is 
further amended to read: 
§1217.  Application of consent decree 
It is the intent of the Legislature that the principles of the consent decree issued on 
August 2, 1990 by the Superior Court, Kennebec County, in Civil Action Docket No. 89-
as they relate to the development of a comprehensive mental health system apply to all 
persons with severe and prolonged mental illness.  The individualized support plan 
process as contained in the decree in paragraphs 49 through 74, to the extent possible and 
within available resources, must be applicable to current and future patients of the former 
Bangor Mental Health Institute and the state psychiatric hospital campus at the Dorothea 
Dix Psychiatric Center.  In addition, patient assessments must be provided to Bangor 
Mental Health Institute and state psychiatric hospital campus at the Dorothea Dix 
Psychiatric Center patients beginning July 1, 1991 and must be completed quarterly until 
individualized support plan implementation is developed. 
Sec. B-18.  34-B MRSA §3604, sub-§5, as amended by PL 2007, c. 286, §5, is 
further amended to read: 
5.  Exclusion.  Beginning October 1, 1996, an An entity that applies for the award or 
renewal of a grant or contract for the provision of mental health services must be a 
participating member of the institute hospital council or the community service network, 
as established in section 3608, for the region of the State subject to that grant or contract. 
Sec. B-19.  34-B MRSA §15002, sub-§2, ¶E, as amended by PL 2007, c. 286, 
§11, is further amended to read: 
E.    Planning for the delivery of care takes into account the advice of the institute 
councils hospital council established under section 3607-A and the community 
service networks established under section 3608. 
SUMMARY 
This bill combines the 2 state mental health institutes, now referred to as the state 
psychiatric hospital, to be licensed and operated as one hospital under state law and 
federal accreditation standards.  The bill clarifies that there is one superintendent for the 
one hospital, but that 2 campuses continue to be operated at the Riverview Psychiatric 
Center and at the Dorothea Dix Psychiatric Center.  With the establishment of one 
hospital with 2 campuses, the commissioner has the authority to assign the hospital's 
employees to work at either campus, depending upon the hospital's need for staffing as it 
varies from time to time between the 2 campuses. 
This bill also corrects cross-references.