An Act Regarding Access to Telehealth Behavioral Health Services during Public Health Emergencies
Maine Legislature, Session 130, LD 1758
Committee: Health and Human Services
Sponsors: MADIGAN
Amends: 22 MRSA §51

Legislative Document
No. 1758
H.P. 1309
House of Representatives, December 2, 2021
An Act Regarding Access to Telehealth Behavioral Health Services 
during Public Health Emergencies
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on November 30, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §51 is enacted to read:
§51.  Exemption to written informed consent requirement for mental health services 
and substance use disorder treatment during public health emergency
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. “Licensed facility” means a facility licensed under Title 5, section 20005, subsection 
6, paragraph B or Title 34-B, section 1203-A.
B. “Public health emergency” means a federal public health emergency declared 
pursuant to 42 United States Code, Section 247d or a state public health emergency 
declared pursuant to section 802 or Title 37-B, chapter 13, subchapter 2.
2. Written informed consent not required. The department may not require a 
licensed facility to obtain written informed consent from a person receiving mental health 
services or substance use disorder treatment from the licensed facility during a public health 
emergency.  The licensed facility may obtain consent through verbal, electronic or written 
means from a person receiving mental health services or substance use disorder treatment 
during a public health emergency.
3. Rulemaking. The department shall adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2. Department of Health and Human Services to amend certain 
licensing rules.  No later than January 1, 2023, the Department of Health and Human 
Services shall amend its rules in 14-193 C.M.R. Chapter 6, Licensing of Mental Health 
Facilities, and 14-118 C.M.R. Chapter 5, Regulations for Licensing and Certifying of 
Substance Abuse Treatment Programs, to allow a facility licensed under the Maine Revised 
Statutes, Title 5, section 20005, subsection 6, paragraph B or Title 34-B, section 1203-A to 
obtain consent through verbal, electronic or written means from a person during a public 
health emergency in accordance with Title 22, section 51.  Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY
This bill provides that the Department of Health and Human Services may not require 
a licensed mental health facility or licensed substance use disorder treatment facility to 
obtain written informed consent from a client during a federal or state public health 
emergency.  The licensed facility may instead obtain a client’s consent verbally, 
electronically or in writing.  The bill directs the Department of Health and Human Services 
to, no later than January 1, 2023, amend its rules in 14-193 C.M.R. Chapter 6, Licensing 
of Mental Health Facilities, and 14-118 C.M.R. Chapter 5, Regulations for Licensing and 
Certifying of Substance Abuse Treatment Programs, to meet the requirements of this 
legislation.