An Act To Clarify the Timing of an Appeal of a Finding Regarding Involuntary Mental Health Treatment at a Designated Nonstate Mental Health Institution
Maine Legislature, Session 130, LD 0038
Committee: Health and Human Services
Sponsors: CLAXTON
Amends: 34-B MRSA §3861

Legislative Document
No. 38
S.P. 46
In Senate, January 13, 2021
An Act To Clarify the Timing of an Appeal of a Finding Regarding 
Involuntary Mental Health Treatment at a Designated Nonstate 
Mental Health Institution
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §3861, sub-§3, ¶F, as amended by PL 2011, c. 657, Pt. DD, 
§4, is further amended to read:
F.  The provisions of this paragraph apply to the review and appeal of an order of the 
clinical review panel entered under paragraph B.
(1)  The order of the clinical review panel at a state mental health institute is final 
agency action that may be appealed to the Superior Court in accordance with Rule 
80C of the Maine Rules of Civil Procedure.
(2)  The order of the clinical review panel at a designated nonstate mental health 
institution may be reviewed by the commissioner or the commissioner's designee 
upon receipt of a written request from the patient submitted no later than one 
business day after the patient receives the order of the clinical review panel.  Within 
business days of receipt of the request for review, the designated nonstate mental 
health institution shall submit the full clinical review panel record to the 
commissioner or the commissioner’s designee. Within 3 business days of receipt 
of the request for review, the patient and the designated nonstate mental health 
institution may submit written arguments to the commissioner or the 
commissioner's designee. The commissioner or the commissioner's designee shall 
review the full clinical review panel record and issue a written decision and any 
written arguments submitted pursuant to this subparagraph for abuse of discretion, 
error of law or findings not supported by substantial evidence in the record. Within 
business days of the receipt of the full clinical review panel record and any 
written arguments, the commissioner or the commissioner’s designee shall issue a 
decision. The decision of the commissioner or the commissioner's designee may 
affirm the order, modify the order or vacate the order.  The decision of the 
commissioner or the commissioner's designee takes effect one business day after 
the commissioner or the commissioner's designee issues a written decision.  The 
decision of the commissioner or the commissioner's designee is final agency action 
that may be appealed to the Superior Court in accordance with Rule 80C of the 
Maine Rules of Civil Procedure.
SUMMARY
This bill amends the process governing a request for review by the Commissioner of 
Health and Human Services or the commissioner's designee of an order of a clinical review 
panel regarding involuntary mental health treatment at a designated nonstate mental health 
institution.