An Act To Establish the Volunteer Advocate Program
Maine Legislature, Session 126, LD 0897
Committee Amendment CA_A_H462 (House)
Amends: 34-B MRSA §1223, 22 MRSA §3477, 34-B MRSA §5001, 34-B MRSA §5206, 34-B MRSA §5461, 34-B MRSA §5470-B

COMMITTEE AMENDMENT 'A" to H.P. 620, L.D. 897, Bill, "An Act To 
Establish the Volunteer Advocate Program" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Volunteer Advocate Program and the Volunteer Advocate 
Program Council' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRS A §12004·-I, sub-§66-A is enacted to read: 
66-A. 
Mental Health and Volunteer Advocate 
Expenses Only 
Intellectual 
Program Council 
Disability 
34-B MRSA §1223, 
sub-§ 12 
Sec. 2. 22 MRSA §3477, sub-§l, ~C, as amended by PL 2011, c. 291, §2, is 
further amended to read: 
C. 
Any person affiliated with a church or religious institution who serves in an 
administrative capacity or has otherwise assumed a position of trust or responsibility 
to the members of that chw'ch or religious institution, while acting in that capacity, 
regardless of whether the person receives compensation; ef 
Sec. 3. 22 MRS A §3477, sub-§l, ,n, as enacted by PL 2011, c. 291, §2, is 
amended to read: 
D. Any person providing transportation services as a volunteer or employee of an 
agency, business or other entity, whether or not the services are provided for 
compensation,,; and 
Sec. 4. 22 MRSA §3477, sub-§l, ~E is enacted to read: 
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COMMITTEE AMENDMENT ·A" to H.P. 620, L.D. 897 
E. 
Any person serving as a volunteer advocate under the Volunteer Advocate 
Program established in Title 34-B, section 1223, subsection 12. 
Sec. 5. 34-B MRSA §1223, sub-§9"G is enacted to read: 
G. The board shall make recommendations to the Governor for appointment to the 
Volunteer Advocate Program Council established pursuant to Title 5, section 
12004-1, subsection 66-A. 
Sec. 6. 34-B MRSA §1223, sub-§12 is enacted to read: 
12, Volunteer Advocate Program. The Volunteer Advocate Program, referred to in 
this subsection as "the program," is established within the board for the purpose of 
advocating for the rights of persons with intellectual disabilities or autism. The program 
may assist persons, referred to in this subsection as "consumers," who have requested to 
be served by a volunteer advocate. The program shall serve the consumer within a 
system of services and supports that operates according to the principles of normalization 
and full community inclusion. 
A. 
The Volunteer Advocate Program Council, established by Title 5, section 
12004-1, subsection 66-A and referred to in this section as "the council," consists of6 
members. 
(1) 
The Governor shall appoint the members of the council based on 
recommendations of the board. Members serve for terms of 3 years and may be 
reappointed for up to 3 full terms. In making appointments, the Governor shall 
endeavor to ensure adequate representation from different regions of the State. 
(2) Council members must be volunteer advocates. A member of the board, a 
member of any other state advisory council and a state employee or contractor 
may not serve as a council member. 
(3) 
A vacancy on the council must be filled as soon as practicable by 
appointment for the unexpired term in the same manner as the original 
appointment under subparagraph (1). 
A member serves until a successor is 
appointed. 
B. The council shall elect a chair from among its members. 
C. Council members are entitled to reimbursement of reasonable expenses incurred 
in order to serve on the council as provided in Title 5, section 12004-1, subsection 
66-A. 
D. The council may hire a program coordinator. 
E. The program must be funded from the budget of the board. The board must 
provide funding to the council and the program. The amount of funding must be 
proportionally similar to the amount of funding that was provided by the board to the 
program of volunteer correspondents that preceded the council and program. The 
board retains fiscal responsibility for the program. The council and program must 
remain operationally independent from the board. 
F. The council may raise funds, through grants or other means, to be used toward the 
operation of the program or for specific projects. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,An to H.P. 620, L.D. 897 
G. Council members, staff of the program and volunteer advocates act as employees 
of the State, as defined in Title 14, section 8102, subsection 1, when engaged in 
official duties specified in this section or assigned by the council. 
H. The council shall oversee and exercise operational control of the program and 
shall perform the following duties: 
(1) To recruit, approve, train, assign, supervise and support volunteer advocates 
for consumers of servi(:es for persons with intellectual disabilities or autism and 
to supervise the program coordinator; and 
(2) To maintain and update a policy and training manual for volunteer advocates. 
The manual must include a policy regarding protection of confidential 
information and conflicts of interest. Every 2 years, beginning January 15,2014, 
the council shall submit a copy of the manual, and any updates, to the board and 
the department for review and comment. 
I. The program may refer matters brought to its attention to other resources when 
those matters involve consumers who have a volunteer advocate assigned by the 
program. 
1. A volunteer advocate shall serve as the next friend of a consumer who wishes to 
have a volunteer advocate and to whom the volunteer advocate has been assigned by 
the program. 
A volunteer advocate shall attend planning meetings and assist a 
consumer in articulating the consumer's needs and desires and in ensuring that the 
consumer's rights under law are acknowledged and respected. 
K. 
The program, its staff and volunteer advocates, subject to the right of the 
consumer to restrict access, have the following rights of access to information and 
facilities. 
(1) A volunteer advocate must be provided access to all living and program areas 
used by a consumer and to records related to a consumer for whom the volunteer 
advocate serves as volunteer advocate, other than personnel records of persons 
providing services to the consumer. A volunteer advocate must be provided 
access to the personnel of any institution, facility, agency or other provider that is 
serving a consumer that the volunteer advocate represents and that is 
administered, licensed or funded by a state agency. This subparagraph does not 
permit a volunteer advocate access to information or records relating to a person 
or persons for whom the volunteer advocate does not serve as the designated 
volunteer advocate. 
(2) The program and program staff must be provided access as described in 
subparagraph (1) for all consumers who participate in the program. 
(3) A volunteer advocate has the right to be notified of and attend all personal 
planning meetings for the consumer to whom the volunteer advocate is assigned 
and to file grievances on that consumer's behalf. 
L. The council shall submit a report by January 15th, annually, to the board, the 
department and the joint standing committee of the Legislature having jurisdiction 
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COMMITTEE AMENDMENT" A" to H.P. 620, L.D. 897 
over health and human services matters. The report must provide information on the 
activities of the council and the operations of the program. 
M. The council and the board shall adopt rules governing the operations of the 
council, including bylaws governing the program and policies specifying the 
program's independent operation. 
Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
N. The council, in the interests of the complete independence of the program, shall 
work toward establishing the program as a not-for-profit tax-exempt corporation that 
is independent of the department, the board and any of the agencies that provide 
services to consumers. The department and the board shall assist the council in the 
transition of the program to an independent entity. 
Sec. 7. 34-B MRSA §5001, sub-§I-B, as amended by PL 2011, c. 542, Pt. A, 
§74, is repealed. 
Sec. 8. 34-B MRSA §5001, sub-§8 is enacted to read: 
8. 
Volunteer advocate. 
"Volunteer advocate" means a person who serves as 
advocate and next friend for a consumer in accordance with the provisions of section 
1223, subsection 12. 
Sec. 9. 34-B MRSA §5206, sub-§7, as amended by PL 2011, c. 542, Pt. A, §93, 
is further amended to read: 
7. 
Training. 
The department shall offer regular and ongoing information, 
consultation and training on crisis prevention and intervention and respite services to its 
own staff, providers and persons with intellectual disabilities or autism and their families, 
guardians, eorrespoAdeAts volunteer advocates and allies. 
Sec. 10. 34-B MRSA §5461, sub-§8-C, as enacted by PL 2003, c. 389, §3, is 
amended to read: 
8-C. Planning team. "Planning team" means those persons, including at a minimum 
the client, the client's guardian and the client's individual support coordinator and others 
selected by the client or guardian to participate, who develop a personal plan or service 
plan. The planning team may include family, friends, service providers, 6orreSBOAdeAts 
volunteer advocates, advocates and others. 
Sec. 11. 34-B MRS A §5470-B, sub-§2, ~, as enacted by PL 2007, c. 356, §21 
and affected by §31, is amended to read: 
D. Be developed at the direction of that person and include people whom the person 
chooses to participate. The planning process must minimally include the person, the 
person's guardian, if any, the 6orrespoAdeAt volunteer advocate, if any, and the 
person's case manager; 
Sec. 12. 34-B MRSA §5470-B, sub-§8, ~B, as amended by PL 2011, c. 542, Pt. 
A, § 114, is further amended to read: 
B. The department shall ensure the provision of regular and ongoing training in 
personal planning to persons with intellectual disabilities or autism and their families, 
guardians, 6orrespoAdeAts volunteer advocates and allies as well as its own staff and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A " 
to H.P. 620, L.D. 897 
providers. 
The department shall regularly provide persons with intellectual 
disabilities or autism and their families, guardians, volunteer advocates and allies 
with informational materials regarding personal planning. 
Sec. 13. 34-B MRSA §5470-B, sub-§10 is enacted to read: 
10. Notice to Volunteer Advocate Program. The department shall notify the 
Volunteer Advocate Program under section 1223, subsection 12 whenever a planning 
team for an adult with an inteltectual disability or autism has determined that the adult 
has a need for a volunteer advo(:ate. 
Sec. 14. 34-B MRS A §5604, sub-§3, ~A, as amended by PL 2011, c. 657, Pt. 
EE, § 7, is further amended to read: 
A. The department shall provide easily accessible and regular notice of the grievance 
process to persons with intdlectual disabilities or autism served by the department. 
This notice must be included in informational materials provided to such persons, as 
well as to guardians, famili~~s, 6orrespOHdeHts volunteer advocates and allies. Notice 
of the right to appeal must be prominently displayed in regional offices and on the 
department's publicly accessible website and must be readily available from provider 
agencies. Notice of the right to appeal must be included in all substantive 
correspondence regarding personal planning. Written notice of the right to appeal 
must also be provided when there is a denial or reduction of services or supports to 
persons served by the d€:partment. All notices and information regarding the 
grievance process must be written in language that is plain and understandable and 
must include the address and telephone number of the protection and advocacy 
agency designated pursuant to Title 5, section 19502. 
Sec. 15. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
34-B, section 1223, subsection 12, paragraph A, subparagraph (1), of the initial members 
of the Volunteer Advocate Program Council, the Governor shall designate 2 appointees to 
serve for one-year terms, 2 appointees to serve for 2-year terms and 2 appointees to serve 
for 3-year terms. An initial tern} of one year or 2 years may not be considered a full term 
for the purposes of limiting the number of terms for which a member may serve.' 
SUMMARY 
This amendment is the majority report of the committee. This amendment changes 
the name of the Volunteer Advocate Program Board to the Volunteer Advocate Program 
Council, places the council within the Maine Developmental Services Oversight and 
Advisory Board established pursuant to the Maine Revised Statutes, Title 34-B, section 
1223 and gives to the board the responsibility of making recommendations to the 
Governor for appointments to the council. This amendment adds a person who serves as 
a volunteer advocate under the Volunteer Advocate Program to the list of persons who 
are required to report to the Department of Health and Human Services known or 
suspected abuse, neglect or exploitation of an incapacitated or dependent adult. The 
amendment allows council members to serve 3 terms and changes the budget of the 
council to a portion of the budget of the Maine Developmental Services Oversight and 
Advisory Board in the same proportion as was provided to the volunteer correspondent 
program. The amendment adds: to the duties of the council supervision of the program 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT -A" to H.P. 620, L.D. 897 
coordinator. The amendment removes from the provision on fund-raising the statement 
on use of funds to defray the State's budget expenditure for the program. The amendment 
adds to the council's duties the duty to exercise operational control of the program. The 
amendment adds rulemaking and bylaw and policy responsibilities for the Maine 
Developmental Services Oversight and Advisory Board. The amendment adds to the 
duties of the council the duty to provide an annual report to the board, the department and 
the joint standing committee of the Legislature having jurisdiction over health and human 
services matters on the activities of the council and the operations of the program. The 
amendment clarifies that a volunteer advocate is available to a person who requests the 
assignment of an advocate and allows a consumer to restrict the advocate's access to 
people, facilities and records. The amendment changes existing provisions of law on 
personal planning for persons with intellectual disabilities or autism, enacting a definition 
of "volunteer advocate," eliminating references to volunteer correspondents and 
substituting references to volunteer advocates. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
.... "'~'-f" 
Approved: 06/07/13 :J!vac:.. 
LD 897 
LR 265(02) 
An Act To Establish the Volunteer Advocate Program 
Fiscal Note for Bill as Amended by Committee Amendment fl' ( +I-%:f ') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
utilizing existing budgeted resources. 
LR0265(02) - Fiscal Note - Page 1 of 1