An Act To Provide Needed Psychiatric Hospitalization for Persons with Mental Illness
Maine Legislature, Session 126, LD 0968
Committee: Health and Human Services
Sponsors: DION, LACHOWICZ, COOPER, DORNEY, FARNSWORTH, FREY, GILBERT, PLANTE, PRINGLE, STUCKEY
Amends: 22-A MRSA §206

Legislative Document 
No. 968 
H.P. 682 
House of Representatives, March 12, 2013 
An Act To Provide Needed Psychiatric Hospitalization for Persons 
with Mental Illness 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representatives: COOPER of Yarmouth, DORNEY of Norridgewock, FARNSWORTH of 
Portland, FREY of Bangor, GILBERT of Jay, PLANTE of Berwick, PRINGLE of Windham, 
STUCKEY of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22-A MRSA §206, sub-§9 is enacted to read: 
9.  Psychiatric hospitalization.  The commissioner shall provide inpatient 
psychiatric hospitalization for a person with mental illness who is experiencing a 
psychiatric crisis and who has been determined, after an examination, to be in need of 
inpatient hospitalization by a licensed physician, registered physician assistant, certified 
psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical 
psychologist. 
A.  The department shall provide access to inpatient psychiatric hospitalization to a 
person with a mental illness who is experiencing a psychiatric crisis and who has 
been determined to be in need of hospitalization within 12 hours of the person's being 
admitted to care in a correctional facility, hospital, crisis center or a facility offering 
assertive community treatment, as defined in Title 34-B, section 3801, subsection 11.  
The department shall provide access to hospitalization in a state mental health 
institute as defined in Title 34-B, section 3801, subsection 9 or a nonstate mental 
health institution as defined in Title 34-B, section 3801, subsection 6 that is located 
within or outside the State.  
B.  If a bed is not available at a state mental health institute or a nonstate mental 
health institution in the State within 12 hours of the person with a mental illness 
being determined to need inpatient hospitalization, the commissioner shall provide 
hospitalization under this section in a psychiatric hospital outside the State.  As soon 
as inpatient hospitalization space is available at a state mental health institute or a 
nonstate mental health institution within the State, the commissioner shall offer to the 
person an opportunity for transfer to a hospital in the State. 
C.  To the extent they are not paid for as health benefits under a health plan, the costs 
of necessary transportation and inpatient psychiatric hospitalization pursuant to this 
subsection are the responsibility of the department, except that the department is not 
responsible for the costs incurred by a person who declines a transfer offered under 
paragraph B. 
D.  The commissioner shall work cooperatively with state mental health institutes and 
nonstate mental health institutions within and outside the State to expand inpatient 
psychiatric services and ensure that inpatient psychiatric services are available to 
persons in need. 
SUMMARY 
This bill requires the Commissioner of Health and Human Services to make 
psychiatric hospitalization available to a person with mental illness who is experiencing a 
psychiatric crisis and who has been determined by a health care practitioner to be in need 
of hospitalization.