reglab/housing_qa huggingface dataset:
34-B ME Rev Stat § 7003 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7003. Definitions

 §7003. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 459, §7 (NEW).]1.  Custodian.  "Custodian" means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought.   [PL 1983, c. 459, §7 (NEW).] 2.  Disinterested expert.  "Disinterested expert" means an appropriately licensed or certified professional not associated with an institution serving the person for whom sterilization is being sought and not personally related to the petitioner.   [PL 1983, c. 459, §7 (NEW).] 3.  Guardian.  "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem.   [PL 1983, c. 459, §7 (NEW).] 4.  Informed consent.  "Informed consent" means consent that is:   A. Based upon an actual understanding by the person to be sterilized of the nature of sterilization, its potentially permanent consequences, all alternative methods of contraception and all reasonably foreseeable risks and benefits of sterilization; and   [PL 1983, c. 459, §7 (NEW).]B. Wholly voluntary and free from express or implied coercion.   [PL 1983, c. 459, §7 (NEW).][PL 1983, c. 459, §7 (NEW).] 5.  Parent.  "Parent" means a natural or adoptive mother or father of a person.   [PL 1983, c. 459, §7 (NEW).] 6.  Physician.  "Physician" means any person licensed to practice medicine under Title 32, chapter 48, subchapter II, or under Title 32, chapter 36, subchapters II and IV.   [PL 1983, c. 459, §7 (NEW).] 7.  Psychiatrist.  "Psychiatrist" means a physician licensed to practice medicine under Title 32, chapter 48, subchapter II, who specializes in the diagnosis and treatment of mental disorders.   [PL 1983, c. 459, §7 (NEW).] 8.  Psychologist.  "Psychologist" means any person licensed to practice psychology under Title 32, chapter 56, subchapter III.   [PL 1983, c. 459, §7 (NEW).] 9.  Sterilization.  "Sterilization" means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. Sterilization does not refer to procedures which must be performed for distinct and urgent medical reasons and which have the unavoidable secondary effect of rendering the individual infertile.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7004 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7004. Informed consent required for sterilization

 §7004. Informed consent required for sterilization 1.  Informed consent required.  Except as provided in this chapter, prior to initiating sterilization procedures on any individual, a physician shall obtain and record the informed consent of that individual.   [PL 1983, c. 459, §7 (NEW).] 2.  Hearing required to determine ability to give informed consent for sterilization.  A hearing to determine ability to give informed consent for sterilization is required when sterilization is sought for:   A. Persons under age 18 years and not married or otherwise emancipated;   [PL 1983, c. 459, §7 (NEW).]B. Persons presently under public or private guardianship or conservatorship;   [PL 1983, c. 459, §7 (NEW).]C. Persons residing in a state institution providing care, treatment or security, or otherwise in state custody; or   [PL 1983, c. 459, §7 (NEW).]D. Persons from whom a physician could not obtain informed consent.   [PL 1983, c. 459, §7 (NEW).][PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7005 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7005. Sterilization authorized by court

 §7005. Sterilization authorized by court 1.  Court order required.  A District Court order authorizing sterilization is required before the sterilization of any person described in section 7004, subsection 2.   [PL 1983, c. 459, §7 (NEW).] 2.  Determination prior to issuance of order.  Before an order may be issued, the court shall determine whether the person seeking sterilization or for whom sterilization is sought is able to give informed consent for sterilization and, if so, whether that person has given informed consent for sterilization.   [RR 2019, c. 2, Pt. B, §103 (COR).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §103 (COR).
34-B ME Rev Stat § 7006 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7006. Contents of petition for determination of ability to give informed consent for sterilization

 §7006. Contents of petition for determination of ability to give informed consent for sterilization The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth:   [PL 1983, c. 459, §7 (NEW).]1.  Person seeking sterilization or for whom sterilization is sought.  Name, age and residence of the person seeking sterilization or for whom sterilization is sought;   [PL 1983, c. 459, §7 (NEW).] 2.  Parent, guardian or spouse.  Names and residences of any parents, spouse or guardian of the person seeking sterilization or for whom sterilization is sought;   [PL 1983, c. 459, §7 (NEW).] 3.  Basis of petition.  A statement of the factors, including any listed in section 7004, subsection 2, and mental condition, when appropriate, which necessitate a determination of the ability of the person seeking sterilization or for whom sterilization is sought to give informed consent for sterilization;   [PL 1983, c. 459, §7 (NEW).] 4.  Reasons for sterilization.  A statement of the reasons for which sterilization is sought; and   [PL 1983, c. 459, §7 (NEW).] 5.  Person initiating petition.  The name, address, position and statement of interest of the person initiating the petition or any person assisting with a self-initiated petition.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7007 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7007. Submitting petition to determine informed consent; notice of hearing

 §7007. Submitting petition to determine informed consent; notice of hearing 1.  Petition submission.  The petition for a determination of ability to give informed consent shall be submitted to the District Court in the division of residence of the person seeking sterilization or for whom sterilization is sought.   [PL 1983, c. 459, §7 (NEW).] 2.  Notice of hearing.  Upon the receipt of a petition to determine informed consent, the District Court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom if it would facilitate the presence of the person seeking sterilization or for whom sterilization is sought.   [PL 1983, c. 459, §7 (NEW).] 3.  Service of notice.  The court shall cause a copy of the petition and notice of hearing to be served on the person seeking sterilization or for whom sterilization is sought and that person's guardian or custodian, if any, at least 7 days prior to the hearing date. If a guardian or custodian of the person seeking sterilization or for whom sterilization is sought is not a resident of this State, notice may be served by registered mail. If the residence of a guardian or custodian is unknown, an affidavit so stating must be filed in lieu of service.   [RR 2019, c. 2, Pt. B, §104 (COR).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §104 (COR).
34-B ME Rev Stat § 7009 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7009. Limitations

 §7009. Limitations 1.  Consent not to be a condition for exercise of any right, privilege or freedom.  Consent to sterilization may not be made a condition for release from or confinement in any institution nor shall it be made a condition for the exercise of any right, privilege or freedom, nor shall it be made a condition for receiving any form of public assistance, nor as a prerequisite for any other service. The consent shall be free from express or implied inducements or constraints.   [PL 1983, c. 459, §7 (NEW).] 2.  Guarantees and limitations to be given to person to be sterilized.  The guarantees and limitations provided in this section shall be communicated to the person seeking sterilization or for whom sterilization is sought by the court prior to issuing an order under section 7008. These guarantees and limitations shall also appear prominently at the top of the consent document used by a physician or hospital to obtain written consent for sterilization.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7010 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7010. Determination of the best interests of a person unable to give informed consent for sterilization

 §7010. Determination of the best interests of a person unable to give informed consent for sterilization The parent, spouse, guardian or custodian of any person found unable to give informed consent for sterilization may petition the District Court, in the county of residence of the person being considered for sterilization, to determine if sterilization is in the best interest of that person. The court shall have sole jurisdiction and authority to order that a sterilization procedure may be performed when a person is incapable of giving informed consent, as determined by the hearing required in section 7008.   [PL 1983, c. 459, §7 (NEW).]SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7011 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7011. Contents of petition for consideration of sterilization of a person based upon a determination

 §7011. Contents of petition for consideration of sterilization of a person based upon a determination The petition for determination if sterilization is in the best interest of a person shall be executed under oath and shall set forth:   [PL 1983, c. 459, §7 (NEW).]1.  Person being considered for sterilization.  The name, age and residence of the person being considered for sterilization;   [PL 1983, c. 459, §7 (NEW).] 2.  Parents, spouse, custodian or guardian of person being considered for sterilization.  The names and residences of any parents, spouse, custodian or guardian of the person being considered for sterilization;   [PL 1983, c. 459, §7 (NEW).] 3.  Mental condition.  The mental condition of and effects of any medications being administered to or taken by the person being considered for sterilization;   [PL 1983, c. 459, §7 (NEW).] 4.  Reasons sterilization is sought.  A statement, in terms of the best interest of the person, of the reasons for which sterilization is sought;   [PL 1983, c. 459, §7 (NEW).] 5.  Petitioner.  The name and relationship of the petitioner to the person being considered for sterilization;   [PL 1983, c. 459, §7 (NEW).] 6.  Alternatives.  Less drastic alternative contraceptive methods which have been tried or the reason those methods are believed to be unworkable or inappropriate for the person being considered for sterilization;   [PL 1983, c. 459, §7 (NEW).] 7.  Physiological capability to procreate.  A medical statement assessing the physiological capability of the person to procreate;   [PL 1983, c. 459, §7 (NEW).] 8.  Risk to life or health.  A medical statement regarding the potential risk to the life or health of the person which could be caused by procreation or child rearing;   [PL 1983, c. 459, §7 (NEW).] 9.  Person's attitudes or desires regarding sterilization.  Any attitudes or desires expressed by the person regarding sterilization; and   [PL 1983, c. 459, §7 (NEW).] 10.  Informed consent order.  The date and contents of the order issued under section 7008 concerning the ability to give informed consent for sterilization of the person being considered for sterilization.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7012 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7012. Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization

 §7012. Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization Upon the receipt of a petition, the court shall assign a time, not later than 30 days thereafter, and a place for a hearing on the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom, if it would facilitate the presence of the person being considered for sterilization. The court shall cause the petition and notice of the hearing to be served on the person being considered for sterilization and the person's guardian or custodian at least 20 days prior to the hearing date. The court shall direct that personal service be made upon the person being considered for sterilization and the person's guardian or custodian. If the guardian or custodian of the person being considered for sterilization is not a resident of this State, notice may be served by registered mail. If the residence of the guardian or custodian of the person being considered for sterilization is unknown, an affidavit so stating must be filed in lieu of service.   [RR 2019, c. 2, Pt. B, §108 (COR).]SECTION HISTORY PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §108 (COR).
34-B ME Rev Stat § 7014 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7014. Confidentiality; court costs

 §7014. Confidentiality; court costs 1.  Confidentiality of proceedings and records.  All court proceedings occurring under this chapter are confidential and closed to the public, unless the person seeking sterilization or being considered for sterilization, personally or through that person's attorney, requests that the proceedings be open to the public. Records of the court proceedings are not open to inspection by the public without the consent, personally or through that person's attorney, of the person seeking sterilization or for whom sterilization is being considered.   [PL 1993, c. 360, Pt. I, §2 (AMD).] 2.  Costs and fees.  The court, after considering the financial resources of the parties concerned and the source of a petition under this chapter, shall assess court costs and attorneys' fees.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). PL 1993, c. 360, §I2 (AMD).
34-B ME Rev Stat § 7015 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7015. Penalties

 §7015. Penalties 1.  Violations.  Anyone knowingly or willfully violating section 7009, subsection 1, is guilty of a Class D crime.   [PL 1983, c. 459, §7 (NEW).] 2.  Falsification of petition; aiding or procuring unlawful sterilization.  Anyone knowingly or willfully falsifying a petition under this chapter or otherwise aiding or procuring the performance of a sterilization without a court order in a situation covered by this chapter is guilty of a Class D crime.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 7016 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7016. Liability

 §7016. Liability 1.  Participation in sterilization.  Nothing in this chapter requires any hospital or any person to participate in performing any sterilization procedure, nor may any hospital or any person be civilly or criminally liable for refusing to participate in performing any sterilization procedure.   [PL 1983, c. 459, §7 (NEW).] 2.  Immunity.  A physician, psychiatrist or psychologist acting nonnegligently and in good faith in that physician's, psychiatrist's or psychologist's professional capacity under this chapter is immune from any civil liability that might otherwise result from that physician's, psychiatrist's or psychologist's actions. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith.   [RR 2019, c. 2, Pt. B, §111 (COR).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §111 (COR).
34-B ME Rev Stat § 7017 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982|34-B §7017. Sterilization procedures review committee (REPEALED)

 §7017. Sterilization procedures review committee (REPEALED)SECTION HISTORY PL 1983, c. 459, §7 (NEW). PL 1985, c. 295, §50 (AMD). PL 1993, c. 360, §I3 (RP).
34-B ME Rev Stat § 9001 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 9: INTERSTATE COMPACT ON MENTAL HEALTH|34-B §9001. Purpose--Article I

 §9001. Purpose--Article I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. The party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient, but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in term of such welfare.   [PL 1983, c. 459, §7 (NEW).]SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B ME Rev Stat § 9002 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 9: INTERSTATE COMPACT ON MENTAL HEALTH|34-B §9002. Definitions--Article II

 §9002. Definitions--Article II As used in this compact, unless the context otherwise indicates, the following words have the following meanings.   [PL 1983, c. 459, §7 (NEW).]1.  Aftercare.  "Aftercare" means care, treatment and services provided a patient, as defined, on convalescent status or conditional release.   [PL 1983, c. 459, §7 (NEW).] 2.  Institution.  "Institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.   [PL 1983, c. 459, §7 (NEW).] 3.  Mental deficiency.  "Mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person is incapable of managing that person's affairs, but may not include mental illness.   [PL 2009, c. 299, Pt. A, §7 (AMD).] 4.  Mental illness.  "Mental illness" means mental disease to such extent that a person requires care and treatment for that person's own welfare or the welfare of others or of the community.   [PL 2009, c. 299, Pt. A, §8 (AMD).] 5.  Patient.  "Patient" means any person subject to or eligible, as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to this compact.   [PL 1983, c. 459, §7 (NEW).] 6.  Receiving state.  "Receiving state" means a party state to which a patient is transported pursuant to the compact or to which it is contemplated that a patient may be so sent.   [PL 1983, c. 459, §7 (NEW).] 7.  Sending state.  "Sending state" means a party state from which a patient is transported pursuant to the compact or from which it is contemplated that a patient may be so sent.   [PL 1983, c. 459, §7 (NEW).] 8.  State.  "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). PL 2009, c. 299, Pt. A, §§7, 8 (AMD).
34-B ME Rev Stat § 9003 (2021)
2021 Maine Revised Statutes|TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES|Chapter 9: INTERSTATE COMPACT ON MENTAL HEALTH|34-B §9003. Care and treatment--Article III

 §9003. Care and treatment--Article III 1.  Eligibility.  Whenever a person physically present in any party state is in need of institutionalization by reason of mental illness or mental deficiency, that person is eligible for care and treatment in an institution in that state irrespective of that person's residence, settlement or citizenship qualifications.   [RR 2019, c. 2, Pt. B, §112 (COR).] 2.  Transfer.   Subsection 1 to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this subsection shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.   [PL 1983, c. 459, §7 (NEW).] 3.  Duties of receiving and sending states.  No state shall be obliged to receive any patient pursuant to subsection 2 unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.   [PL 1983, c. 459, §7 (NEW).] 4.  Priorities.  In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact must receive the same priority as a local patient and must be taken in the same order and at the same time that that interstate patient would be taken if that interstate patient were a local patient.   [RR 2019, c. 2, Pt. B, §113 (COR).] 5.  Review and further transfer.  Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.   [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §§112, 113 (COR).