An Act To Use the Dorothea Dix Psychiatric Center To Provide Inpatient Mental Health Services for Forensic Patients
Maine Legislature, Session 126, LD 1580
Committee: Health and Human Services
Sponsors: FREY
Amends: 34-B MRSA §3806

Legislative Document 
No. 1580 
H.P. 1151 
House of Representatives, December 30, 2013 
An Act To Use the Dorothea Dix Psychiatric Center To Provide 
Inpatient Mental Health Services for Forensic Patients 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FREY of Bangor. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State operates 2 psychiatric hospitals, the Dorothea Dix Psychiatric 
Center in Bangor for nonforensic patients and the Riverview Psychiatric Center in 
Augusta for nonforensic patients and forensic patients; and 
Whereas, the patient census at the Riverview Psychiatric Center and the needs of 
nonforensic and forensic patients can combine to exceed the capacity of the hospital to 
provide treatment that meets best practice standards in an environment that is safe and 
secure for patients and hospital staff, forcing the Superintendent of the Riverview 
Psychiatric Center to consider discontinuing admissions of patients who are eligible and 
in need of admission and transferring patients to other facilities; and 
Whereas, in response to the demand for psychiatric services at the Riverview 
Psychiatric Center, the Legislature enacted Public Law 2013, chapter 434 to enable the 
Commissioner of Corrections to accept for placement an adult patient committed by order 
of the court to the custody of the Commissioner of Health and Human Services for 
evaluation or examination; and 
Whereas, the funding appropriated to the Department of Corrections for staffing of 
the newly expanded mental health unit at the Maine State Prison was appropriated only 
until the end of fiscal year 2013-14 but the need for mental health services in that unit 
will extend beyond June 30, 2014; and 
Whereas, the needs of nonforensic and forensic patients at the Riverview 
Psychiatric Center and the number of persons seeking admission to the Riverview 
Psychiatric Center exceed the capacity of the Riverview Psychiatric Center and the 
Dorothea Dix Psychiatric Center as they are currently configured while those facilities 
have available unused capacity that can be used to meet these important health care 
needs; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-B MRSA §3806 is enacted to read: 
§3806.  Use of the Dorothea Dix Psychiatric Center 
The department shall take all necessary steps to enable the department to use the 
Dorothea Dix Psychiatric Center to provide services to patients in the custody of the 
commissioner who pose a likelihood of serious harm to others and for whom there is not 
sufficient security at the Riverview Psychiatric Center to address the likelihood of serious 
harm. 
Sec. 2.  Implementation.    No later than 30 days following the effective date of 
this Act, the Department of Health and Human Services shall begin planning, physical 
plant improvements, staff training and administrative procedures for the acceptance of 
patients from the Riverview Psychiatric Center into the Dorothea Dix Psychiatric Center.  
In accordance with the Maine Revised Statutes, Title 34-B, section 3806, beginning July 
1, 2014, the department shall transfer patients from the Riverview Psychiatric Center into 
the Dorothea Dix Psychiatric Center for the purpose of providing treatment that meets 
best practice standards in an environment that is safe and secure for patients and hospital 
staff when the patient census at the Riverview Psychiatric Center and the needs of 
nonforensic and forensic patients exceed the capacity of the hospital. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires the Department of Health and Human Services to use the Dorothea 
Dix Psychiatric Center to provide services to patients in the custody of the Commissioner 
of Health and Human Services who pose a likelihood of serious harm to others and for 
whom there is not sufficient security at the Riverview Psychiatric Center to address the 
likelihood of serious harm.  The bill requires the department to begin planning, physical 
plant improvements, staff training and administrative procedures for the acceptance of 
patients from the Riverview Psychiatric Center into the Dorothea Dix Psychiatric Center.  
The bill requires the department to transfer patients from the Riverview Psychiatric 
Center into the Dorothea Dix Psychiatric Center as needed beginning July 1, 2014.