reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 8: REPORTING AND DOCUMENTATION OF INCIDENTS OF USE OF SECLUSION AND RESTRAINT › 34-B §1952. Reporting of an incident of restraint or seclusion

§1952. Reporting of an incident of restraint or seclusion
1.  Quarterly reporting by institution.
An institution shall submit for each calendar quarter a report to the commissioner that includes for that institution, organized by unit:
A. The hours of restraint for each 1,000 patient hours;   [PL 2015, c. 266, §1 (NEW).]
B. The hours of seclusion for each 1,000 patient hours;   [PL 2015, c. 266, §1 (NEW).]
C. The aggregate number of incidents of restraint;   [PL 2015, c. 266, §1 (NEW).]
D. The aggregate number of incidents of seclusion;   [PL 2015, c. 266, §1 (NEW).]
E. The maximum and mean duration, across all patients, of incidents of restraint;   [PL 2015, c. 266, §1 (NEW).]
F. The maximum and mean duration, across all patients, of incidents of seclusion; and   [PL 2015, c. 266, §1 (NEW).]
G. Any other information that may be useful regarding the use of restraint or seclusion.   [PL 2015, c. 266, §1 (NEW).]
[PL 2015, c. 266, §1 (NEW).]
2.  Annual reporting by institution.
Annually, as soon as practicable after completing the formal quarterly report for the preceding year, an institution shall submit a report to the commissioner with the data required under subsection 1, paragraphs A to G, organized by unit.
[PL 2015, c. 266, §1 (NEW).]
3.  Annual report by the commissioner.
By January 1st of each year, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters a report that includes the data submitted pursuant to subsection 1 for the previous fiscal year. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out legislation relating to the report to the next regular session of the Legislature.
[PL 2015, c. 266, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 266, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 8: REPORTING AND DOCUMENTATION OF INCIDENTS OF USE OF SECLUSION AND RESTRAINT › 34-B §1953. Restraint and seclusion debriefing policy

§1953. Restraint and seclusion debriefing policy
All institutions must develop a policy for a debriefing of a client who was the subject of restraint or seclusion. The policy may not prevent a legally responsible parent, guardian or designated representative from attending the debriefing.   [PL 2015, c. 266, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 266, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3001. General

§3001. General
The Department of Health and Human Services is responsible for the direction of the mental health programs in the state institutions and for the promotion and guidance of mental health programs within the communities of the State.   [PL 1995, c. 560, Pt. K, §31 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC15 (AMD). PL 1995, c. 560, §K31 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3002. Director (REPEALED)

§3002. Director
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1987, c. 887, §6 (AMD). PL 1993, c. 410, §CCC16 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3005. Services to persons who are deaf or hearing-impaired (REPEALED)

§3005. Services to persons who are deaf or hearing-impaired
(REPEALED)
SECTION HISTORY
PL 1985, c. 467 (NEW). PL 1987, c. 331 (RPR). PL 1993, c. 410, §CCC19 (AMD). PL 1993, c. 519, §2 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3006. State Mental Health Plan (REPEALED)

§3006. State Mental Health Plan
(REPEALED)
SECTION HISTORY
PL 1987, c. 404, §2 (NEW). PL 1987, c. 769, §A126 (RPR). PL 1987, c. 887, §7 (AMD). PL 1991, c. 781, §A1 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3006-A. State mental health plan (REPEALED)

§3006-A. State mental health plan
(REPEALED)
SECTION HISTORY
PL 1991, c. 781, §A2 (NEW). MRSA T. 34-B §3006A (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3007. Teenage Suicide Prevention Program

§3007. Teenage Suicide Prevention Program
The department shall, in cooperation with the Department of Education and the "local action councils" funded in Public Law 1987, chapter 349, Part A under the heading "Human Services, Department of," develop a teenage suicide prevention strategy and a model suicide prevention program to be presented in the secondary schools of the State. Development of such a program must include preparation of relevant educational materials that must be distributed in the schools.   [RR 2003, c. 2, §101 (COR).]
SECTION HISTORY
PL 1987, c. 783, §1 (NEW). PL 1989, c. 700, §A164 (AMD). PL 1993, c. 410, §CCC20 (AMD). PL 1995, c. 560, §K34 (AMD). RR 2003, c. 2, §101 (COR). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3008. Sexual activity with recipient of services prohibited

§3008. Sexual activity with recipient of services prohibited
A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph C, with another person or subject another person to sexual contact, as defined in Title 17‑A, section 251, subsection 1, paragraph D, if the other person, not the actor's spouse, is a person with mental illness who receives therapeutic, residential or habilitative services from the organization, program or residence.   [RR 2003, c. 2, §102 (COR).]
SECTION HISTORY
PL 1993, c. 687, §8 (NEW). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). RR 2003, c. 2, §102 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3009. Nonlapsing funds

§3009. Nonlapsing funds
Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in the Mental Health Services - Community Medicaid account may not lapse but must be carried forward to be used for the same purposes.   [PL 1995, c. 665, Pt. N, §1 (NEW).]
Revisor's Note: §3009. Access to mental health services (As enacted by PL 1995, c. 697, §1 is REALLOCATED TO TITLE 34-B, SECTION 3010)
SECTION HISTORY
RR 1995, c. 2, §87 (RAL). PL 1995, c. 665, §N1 (NEW). PL 1995, c. 697, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3010. Access to mental health services (REALLOCATED FROM TITLE 34-B, SECTION 3009)

§3010. Access to mental health services
(REALLOCATED FROM TITLE 34-B, SECTION 3009)
Any money that is identified as net General Fund savings through legislative actions or through departmental administrative actions due to the closure of or diminution of services at a state mental health institution or to lowered administrative costs within the department must be used to provide mental health services to persons in need of those services in other appropriate settings and programs, including, but not limited to, community-based mental health programs. For the purposes of this section, "net General Fund savings" means total savings in the General Fund projected to be available due to a series of specific actions less any cost or liability resulting from implementing those actions.   [RR 1995, c. 2, §87 (RAL).]
SECTION HISTORY
RR 1995, c. 2, §87 (RAL).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 1: MENTAL HEALTH SERVICES › 34-B §3011. Bridging Rental Assistance Program

§3011. Bridging Rental Assistance Program
The Bridging Rental Assistance Program is established within the department as a transitional housing voucher program. The purpose of the program is to assist persons with mental illness with housing assistance for up to 24 months or until they receive assistance from a housing voucher program administered by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8 or receive an alternative housing placement. The department shall adopt rules to carry out the purpose of the program. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [RR 2017, c. 1, §31 (COR).]
SECTION HISTORY
PL 2015, c. 267, Pt. WW, §1 (NEW). RR 2017, c. 1, §31 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 2: STATE MENTAL HEALTH INSTITUTES › 34-B §3201. Maintenance (REPEALED)

§3201. Maintenance
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2005, c. 236, §2 (AMD). PL 2007, c. 539, Pt. N, §66 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 2: STATE MENTAL HEALTH INSTITUTES › 34-B §3202. Superintendent (REPEALED)

§3202. Superintendent
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1989, c. 501, §BB4 (AMD). PL 1993, c. 410, §§CCC21,22 (AMD). PL 1995, c. 560, §K35 (AMD). PL 2005, c. 236, §§3,4 (REV). PL 2007, c. 539, Pt. N, §67 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3601. Definitions

§3601. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 580, §7 (RPR).]
1.  Agency.
"Agency" means a person, firm, association or corporation, but does not include the individual or corporate professional practice of one or more psychologists or psychiatrists.
[PL 1983, c. 580, §7 (RPR).]
1-A.  Case management services.
"Case management services" means those services which assist an individual in gaining access to and making effective use of the range of medical, psychological and other related services available to them.
[PL 1987, c. 246, §3 (NEW).]
1-B.  Long-term mentally ill.
"Long-term mentally ill" means persons who suffer certain mental or emotional disorders, such as organic brain syndrome, schizophrenia, recurrent depressive and manic-depressive disorders, paranoid and other psychoses, plus other disorders which may become chronic, that erode or prevent the capacities in relation to 3 or more of the primary aspects of daily life, such as personal hygiene and self-care, self-direction, interpersonal relationships, social transactions, learning, recreation and economic self-sufficiency. While these persons may be at risk of institutionalization, there is no requirement that these persons are or have been residents of institutions providing mental health services.
[PL 1987, c. 246, §3 (NEW).]
2.  Mental health services.
"Mental health services" means out-patient counseling, other psychological, psychiatric, diagnostic or therapeutic services and other allied services.
[PL 1983, c. 580, §7 (RPR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §7 (RPR). PL 1987, c. 246, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3602. Purpose

§3602. Purpose
The purpose of this subchapter is to expand community mental health services, encourage participation in a program of community mental health services by persons in local communities, obtain better understanding of the need for those services and secure aid for programs of community mental health services by state aid and local financial support.   [PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3603. Commissioner's duties

§3603. Commissioner's duties
The commissioner shall promulgate rules, according to the Maine Administrative Procedure Act, Title 5, chapter 375, relating to the administration of the services authorized by this subchapter and to licensing under this subchapter.   [PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3605. Governmental agencies (REPEALED)

§3605. Governmental agencies
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 777, §1 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3606. Licenses (REPEALED)

§3606. Licenses
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §9 (RPR). PL 1989, c. 227, §2 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3607. Quality improvement councils (REPEALED)

§3607. Quality improvement councils
(REPEALED)
SECTION HISTORY
PL 1995, c. 691, §7 (NEW). PL 1997, c. 365, §§1,2 (AMD). PL 1997, c. 371, §§1-4 (AMD). PL 1997, c. 683, §B22 (AMD). PL 2005, c. 236, §§3,4 (REV). PL 2007, c. 286, §6 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3607-A. Institute councils (REPEALED)

§3607-A. Institute councils
(REPEALED)
SECTION HISTORY
PL 2007, c. 286, §7 (NEW). PL 2013, c. 132, §3 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3609. Statewide quality improvement council

§3609. Statewide quality improvement council
The commissioner shall designate persons to be members to serve on a statewide quality improvement council to advise the commissioner on issues of system implementation that have statewide impact. The commissioner shall appoint such other members to serve on the council as required by law.   [PL 2007, c. 286, §9 (AMD).]
SECTION HISTORY
PL 1995, c. 691, §7 (NEW). PL 2007, c. 286, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3610. Safety net services

§3610. Safety net services
The department is responsible for providing a safety net of adult mental health services for people with major mental illness who the department or its designee determines can not otherwise be served by the community service networks. The department may develop contracts to deliver safety net services if the department determines contracts to be appropriate and cost-effective. The state-operated safety net must include, but is not limited to:   [PL 2007, c. 286, §10 (AMD).]
0.  (Repealed)
A.   [PL 1997, c. 683, Pt. A, §19 (RP).]
B.   [PL 1997, c. 683, Pt. A, §19 (RP).]
C.   [PL 1997, c. 683, Pt. A, §19 (RP).]
D.   [PL 1997, c. 683, Pt. A, §19 (RP).]
E.   [PL 1997, c. 683, Pt. A, §19 (RP).]
1.  Beds.
Backup emergency hospital beds for people requiring medical stabilization, assessment or treatment;
[PL 1997, c. 683, Pt. A, §19 (RPR).]
2.  Treatment.
Intermediate and long-term treatment for people who need long-term structured care;
[PL 1997, c. 683, Pt. A, §19 (RPR).]
3.  Forensic services.
Forensic services;
[PL 1997, c. 683, Pt. A, §19 (RPR).]
4.  Intensive case management.
Intensive case management; and
[PL 1997, c. 683, Pt. A, §19 (RPR).]
5.  Other services.
Other services determined by the commissioner to be needed.
[PL 1997, c. 683, Pt. A, §19 (RPR).]
SECTION HISTORY
PL 1997, c. 423, §3 (NEW). PL 1997, c. 683, Pt. A, §19 (RPR). PL 2007, c. 286, §10 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 1: GENERAL PROVISIONS › 34-B §3612. Municipal notification

§3612. Municipal notification
With regard to residential services for persons committed to the custody of the commissioner pursuant to Title 15, chapter 5, 120 days prior to the opening of a residential facility by the department or to signing a contract with a community agency to provide a community-based residential facility, the department shall provide the specific location and detailed information to the municipality in which the facility is to be located. The department shall review any response or site alternatives provided by municipal officials prior to the opening of the facility or signing of the contract.   [PL 2013, c. 357, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 357, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 2: CRISIS INTERVENTION PROGRAM › 34-B §3621. Crisis Intervention Program established

§3621. Crisis Intervention Program established
The department shall establish the Crisis Intervention Program to serve Penobscot, Hancock, Piscataquis and Washington Counties. This shall be a community-based program to provide counseling, consultation, evaluation, treatment and referral, education and training services, delivered by a crisis intervention team. The program shall provide the following services:   [PL 1987, c. 349, Pt. H, §21 (NEW).]
1.  Emergency room services.
Crisis intervention and psychiatric emergency services based in a hospital emergency room;
[PL 1987, c. 349, Pt. H, §21 (NEW).]
2.  Outreach services.
Outreach services and crisis intervention beyond the hospital setting; and
[PL 1987, c. 349, Pt. H, §21 (NEW).]
3.  Telephone hot-line services.
A community-based telephone crisis intervention hot-line offering 24-hour, 7-days-a-week counseling, consultation, evaluation, treatment and referral services.
[PL 1987, c. 349, Pt. H, §21 (NEW).]
SECTION HISTORY
PL 1987, c. 349, §H21 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 2: CRISIS INTERVENTION PROGRAM › 34-B §3622. Crisis intervention team

§3622. Crisis intervention team
1.  Established.
A community-based crisis intervention team shall be established to provide crisis intervention on a 24-hour, 7-days-a-week basis to mentally ill people and to provide crisis intervention training for emergency room personnel.
[PL 1987, c. 349, Pt. H, §21 (NEW).]
2.  Qualifications.
The team shall be comprised of qualified mental health professionals with training and experience in assessment and intervention with mentally ill people in a crisis. In addition, the team members shall have a working knowledge of case management, the mental health system and area resources.
[PL 1987, c. 349, Pt. H, §21 (NEW).]
SECTION HISTORY
PL 1987, c. 349, §H21 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 2: CRISIS INTERVENTION PROGRAM › 34-B §3623. Region II Crisis Intervention Program Advisory Board (REPEALED)

§3623. Region II Crisis Intervention Program Advisory Board
(REPEALED)
SECTION HISTORY
PL 1987, c. 349, §H21 (NEW). PL 1989, c. 163 (AMD). PL 1991, c. 824, §A70 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES › Article 2: CRISIS INTERVENTION PROGRAM › 34-B §3624. Region III Crisis Intervention Program Advisory Board (REPEALED)

§3624. Region III Crisis Intervention Program Advisory Board
(REPEALED)
SECTION HISTORY
PL 1993, c. 360, §A2 (NEW). PL 1995, c. 560, §K36 (AMD). PL 1999, c. 668, §125 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 1: GENERAL PROVISIONS › 34-B §3802. Commissioner's powers

§3802. Commissioner's powers
The commissioner may:   [PL 1983, c. 459, §7 (NEW).]
1.  Rules.
Adopt such rules, not inconsistent with this subchapter, as the commissioner may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill;
[RR 2019, c. 2, Pt. B, §95 (COR).]
2.  Investigation.
Investigate, by personal visit, complaints made by any patient or by any person on behalf of a patient;
[PL 1983, c. 459, §7 (NEW).]
3.  Visitation.
Visit each psychiatric hospital or residential care facility regularly to review the commitment procedures of all new patients admitted between visits and visit other hospitals as necessary to review protocols and procedures related to certification of patients under section 3863;
[PL 2007, c. 319, §4 (AMD).]
4.  Reports.
Require reports from the chief administrative officer of any hospital or residential care facility relating to the admission, examination, diagnosis, release or discharge of any patient; and
[PL 1983, c. 459, §7 (NEW).]
5.  Forms.
Prescribe the form of applications, records, reports and medical certificates provided for under this subchapter and prescribe the information required to be contained in them.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §4 (AMD). RR 2019, c. 2, Pt. B, §95 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 1: GENERAL PROVISIONS › 34-B §3804. Habeas corpus

§3804. Habeas corpus
Any person detained pursuant to this subchapter is entitled to the writ of habeas corpus, upon proper petition by the person or by a friend to any justice generally empowered to issue the writ of habeas corpus in the county in which the person is detained.   [RR 2019, c. 2, Pt. B, §96 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §96 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 1: GENERAL PROVISIONS › 34-B §3805. Prohibited acts; penalty

§3805. Prohibited acts; penalty
1.  Unwarranted hospitalization.
A person is guilty of causing unwarranted hospitalization if that person willfully causes the unwarranted hospitalization of any person under this subchapter.
[RR 2019, c. 2, Pt. B, §97 (COR).]
2.  Denial of rights.
A person is guilty of causing a denial of rights if that person willfully causes the denial to any person of any of the rights accorded by this subchapter.
[RR 2019, c. 2, Pt. B, §98 (COR).]
3.  Penalty.
Causing unwarranted hospitalization or causing a denial of rights is a Class C crime.
[PL 2017, c. 475, Pt. C, §11 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2017, c. 475, Pt. C, §11 (AMD). RR 2019, c. 2, Pt. B, §§97, 98 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 2: VOLUNTARY HOSPITALIZATION › 34-B §3832. Freedom to leave

§3832. Freedom to leave
1.  Patient's right.
A patient admitted under section 3831 is free to leave the psychiatric hospital at any time after admission within 16 hours of the patient's request unless application for admission of the person under section 3863 is initiated within that time.
[PL 2007, c. 319, §7 (AMD).]
2.  Notice.
The chief administrative officer of the psychiatric hospital shall cause every patient admitted under section 3831 to be informed, at the time of admission, of:
A. The patient's status as an informally admitted patient; and   [PL 2007, c. 319, §7 (AMD).]
B. The patient's freedom to leave the psychiatric hospital under this section.   [PL 2007, c. 319, §7 (AMD).]
[PL 2007, c. 319, §7 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §10 (AMD). PL 2005, c. 519, §BBBB4 (AMD). PL 2005, c. 519, §BBBB20 (AFF). PL 2007, c. 319, §7 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3861-A. Notification of hospitalization

§3861-A. Notification of hospitalization
When a person who is hospitalized in a psychiatric hospital under the provisions of this chapter is sentenced to serve a straight term of imprisonment or a split sentence in a county jail, the chief administrative officer of the hospital shall notify the sheriff of the county jail so that, in accordance with the provisions of Title 15, section 2211‑A, the sheriff may process the person to serve the sentence while hospitalized and the person may remain in the hospital until ready for discharge.   [PL 2009, c. 281, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 281, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3865. Hospitalization by federal agency

§3865. Hospitalization by federal agency
If a person ordered to be hospitalized under section 3864 is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing that facilities are available and that the person is eligible for care or treatment in the facilities, may order the person to be placed in the custody of the agency for hospitalization.   [PL 2007, c. 319, §11 (AMD).]
1.  Rules and rights.
A person admitted under this section to any psychiatric hospital or institution operated by any agency of the United States, inside or outside the State, is subject to the rules of the agency, but retains all rights to release and periodic court review granted by this subchapter.
[PL 2007, c. 319, §11 (AMD).]
2.  Powers of chief administrative officer.
The chief administrative officer of any psychiatric hospital or institution operated by a federal agency in which the person is hospitalized has, with respect to the person, the same powers as the chief administrative officer of psychiatric hospitals or the commissioner within this State with respect to detention, custody, transfer, conditional release or discharge of patients.
[PL 2007, c. 319, §11 (AMD).]
3.  Court jurisdiction.
Every order of hospitalization issued under this section is conditioned on the retention of jurisdiction in the courts of this State to, at any time:
A. Inquire into the mental condition of a person hospitalized; and   [PL 1983, c. 459, §7 (NEW).]
B. Determine the necessity for continuance of the person's hospitalization.   [PL 2007, c. 319, §11 (AMD).]
[PL 2007, c. 319, §11 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §11 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3866. Members of the Armed Forces

§3866. Members of the Armed Forces
1.  Admission to psychiatric hospital.
Any member of the Armed Forces of the United States who was a resident of the State at the time of the member's induction into the service and who is determined by a federal board of medical officers to have a mental disease not incurred in line of duty must be received, at the discretion of the commissioner and without formal commitment, at either of the state mental health institutes, upon delivery at the institute designated by the commissioner of:
A. The member of the Armed Forces; and   [PL 1983, c. 459, §7 (NEW).]
B. The findings of the board of medical officers that the member is mentally ill.   [PL 2007, c. 319, §12 (AMD).]
[PL 2007, c. 319, §12 (AMD).]
2.  Status.
After delivery of the member of the Armed Forces at the state mental health institute designated by the commissioner, the member's status is the same as if the member had been committed to the institute under section 3864.
[PL 2007, c. 319, §12 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §12 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3867. Transfer from out-of-state institutions

§3867. Transfer from out-of-state institutions
1.  Commissioner's authority.
The commissioner may, upon request of a competent authority of the District of Columbia or of a state that is not a member of the Interstate Compact on Mental Health, authorize the transfer of a mentally ill person directly to a state mental health institute in Maine, if:
A. The person has resided in this State for a consecutive period of one year during the 3-year period immediately preceding commitment in the other state or the District of Columbia;   [PL 2007, c. 319, §13 (AMD).]
B. The person is currently confined in a recognized institution for the care of the mentally ill as the result of proceedings considered legal by that state or by the District of Columbia;   [PL 2007, c. 319, §13 (AMD).]
C. A duly certified copy of the original commitment proceedings and a copy of the person's case history is supplied;   [PL 2007, c. 319, §13 (AMD).]
D. The commissioner, after investigation, considers the transfer justifiable; and   [PL 1997, c. 422, §20 (AMD).]
E. All expenses of the transfer are borne by the agency requesting it.   [PL 1983, c. 459, §7 (NEW).]
[PL 2007, c. 319, §13 (AMD).]
2.  Receipt of patient.
When the commissioner has authorized a transfer under this section, the superintendent of the state mental health institute designated by the commissioner shall receive the patient as having been regularly committed to the state mental health institute under section 3864.
[PL 2007, c. 319, §13 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1997, c. 422, §20 (AMD). PL 2007, c. 319, §13 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3868. Transfer to other institutions

§3868. Transfer to other institutions
1.  To other hospitals.
The commissioner may transfer, or authorize the transfer of, a patient from one hospital to another, either inside or outside the State, if the commissioner determines that it would be consistent with the medical or psychiatric needs of the patient to do so.
A. Before a patient is transferred, the commissioner shall give written notice of the transfer to the patient's guardian, the patient's parents or spouse or, if none of these persons exists or can be located, to the patient's next of kin or friend, except that if the chief administrative officer of the hospital to which the patient is currently admitted has reason to believe that notice to any of these individuals would pose risk of harm to the person, then notice may not be given to that individual.   [PL 1997, c. 422, §21 (AMD).]
B. In making all such transfers, the commissioner shall give due consideration to the relationship of the patient to the patient's family, guardian or friends, in order to maintain relationships and encourage visits beneficial to the patient.   [PL 2007, c. 319, §14 (AMD).]
C. For a patient transferred under this subsection, the order of involuntary commitment and the order of involuntary treatment, if any, remain in effect and are transferred to the receiving hospital.   [PL 2015, c. 309, §9 (NEW).]
[PL 2015, c. 309, §9 (AMD).]
2.  To federal agency.
Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any involuntarily hospitalized person and that the person is eligible for care and treatment in a hospital or institution of the agency, the chief administrative officer of the psychiatric hospital may cause the person's transfer to the agency of the United States for hospitalization.
A. Upon making such a transfer, the chief administrative officer shall notify the court that ordered hospitalization and the persons specified in subsection 1, paragraph A.   [PL 2007, c. 319, §14 (AMD).]
B. A person may not be transferred to an agency of the United States if the person is confined pursuant to conviction of any felony or misdemeanor or if the person has been acquitted of the charge solely on the ground of mental illness, unless before the transfer the court originally ordering confinement of the person enters an order for transfer after appropriate motion and hearing.   [PL 2007, c. 319, §14 (AMD).]
C. Any person transferred under this section to an agency of the United States is deemed to be hospitalized by the agency pursuant to the original order of hospitalization.   [PL 1983, c. 459, §7 (NEW).]
[PL 2007, c. 319, §14 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1997, c. 422, §21 (AMD). PL 2007, c. 319, §14 (AMD). PL 2015, c. 309, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3869. Return from unauthorized absence

§3869. Return from unauthorized absence
If any patient committed under section 3864 leaves the grounds of the psychiatric hospital without authorization of the chief administrative officer of the psychiatric hospital or the chief administrative officer's designee, or refuses to return to the psychiatric hospital from a community pass when requested to do so by the chief administrative officer or the chief administrative officer's designee, law enforcement personnel of the State or of any of its subdivisions may, upon request of the chief administrative officer or the chief administrative officer's designee, assist in the return of the patient to the psychiatric hospital.   [PL 2007, c. 319, §15 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §15 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3872. Treatment of dually diagnosed persons (REPEALED)

§3872. Treatment of dually diagnosed persons
(REPEALED)
SECTION HISTORY
PL 1985, c. 615 (NEW). PL 1997, c. 422, §24 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3873. Progressive treatment program (REPEALED)

§3873. Progressive treatment program
(REPEALED)
SECTION HISTORY
PL 2005, c. 519, §BBBB14 (NEW). PL 2005, c. 519, §BBBB20 (AFF). PL 2009, c. 276, §2 (AMD). PL 2009, c. 321, §§1-4 (AMD). PL 2009, c. 651, §28 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3873-B. Progressive Treatment Program Fund

§3873-B. Progressive Treatment Program Fund
1.  Progressive Treatment Program Fund established.
The Progressive Treatment Program Fund, referred to in this section as "the fund," is established as a nonlapsing fund under the administration of the department.
[PL 2021, c. 745, §1 (NEW).]
2.  Application of fund.
The department shall use the money in the fund to reimburse the legal costs incurred by private entities to initiate progressive treatment programs in accordance with section 3873‑A. A private entity seeking reimbursement must submit to the department an itemized bill of legal costs incurred to initiate the progressive treatment program. The maximum amount the department may reimburse a private entity for the legal costs to initiate a progressive treatment program is $800.
[PL 2021, c. 745, §1 (NEW).]
3.  Sources of fund.
The following must be paid into the fund:
A. All money appropriated for inclusion in the fund;   [PL 2021, c. 745, §1 (NEW).]
B. Subject to any pledge, contract or other obligation, any money that the department receives in repayment of loans or advances from the fund;   [PL 2021, c. 745, §1 (NEW).]
C. Subject to any pledge, contract or other obligation, all interest, dividends or other income from investment of the fund; and   [PL 2021, c. 745, §1 (NEW).]
D. Any other money, including federal money, deposited in the fund.   [PL 2021, c. 745, §1 (NEW).]
[PL 2021, c. 745, §1 (NEW).]
4.  Rulemaking.
The department may adopt rules as necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 745, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 745, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 4: HOSPITALIZATION › Article 3: INVOLUNTARY HOSPITALIZATION › 34-B §3874. Medical examinations conducted via telehealth technologies

§3874. Medical examinations conducted via telehealth technologies
Notwithstanding any other provision in this subchapter, any medical examination or consultation required or permitted to be conducted under this subchapter may be conducted using telehealth or other similar technologies that enable the medical examination or consultation to be conducted in accordance with applicable standards of care. As used in this section, "telehealth" has the same meaning as in Title 24‑A, section 4316, subsection 1.   [PL 2021, c. 293, Pt. B, §9 (AMD).]
SECTION HISTORY
PL 2015, c. 309, §10 (NEW). PL 2021, c. 293, Pt. B, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 5: MAINE COMMISSION ON MENTAL HEALTH › 34-B §3901. Maine Commission on Mental Health; establishment; membership; compensation (REPEALED)

§3901. Maine Commission on Mental Health; establishment; membership; compensation
(REPEALED)
SECTION HISTORY
PL 1987, c. 887, §8 (NEW). PL 1989, c. 335, §4 (AMD). PL 1989, c. 503, §B163 (AMD). PL 1989, c. 878, §A103 (AMD). PL 1991, c. 622, §S33 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 5: MAINE COMMISSION ON MENTAL HEALTH › 34-B §3902. Powers and duties (REPEALED)

§3902. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1987, c. 887, §8 (NEW). PL 1989, c. 335, §5 (AMD). PL 1991, c. 622, §S34 (RP). PL 1991, c. 781, §A3 (AMD). PL 1993, c. 349, §69 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 5: MAINE COMMISSION ON MENTAL HEALTH › 34-B §3903. Reports (REPEALED)

§3903. Reports
(REPEALED)
SECTION HISTORY
PL 1987, c. 887, §8 (NEW). PL 1991, c. 622, §S35 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 3: MENTAL HEALTH › Subchapter 7: MENTAL HEALTH CASE MANAGEMENT SERVICES FOR VETERANS › 34-B §3912. Veterans Mental Health Case Management and Services Fund

§3912. Veterans Mental Health Case Management and Services Fund
The Veterans Mental Health Case Management and Services Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the department. The fund is administered by the department to support the provision of case management services for veterans under this subchapter.   [PL 2021, c. 430, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 430, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5002. Policy

§5002. Policy
1.  Services.
It is the policy of the State to provide education, training and habilitative services to persons with intellectual disabilities or autism who need those services, except that nothing in this chapter may replace or limit the right of any person with an intellectual disability or autism to treatment by spiritual means alone, through prayer, if that treatment is requested by the person or by the person's next of kin or guardian.
[PL 2011, c. 542, Pt. A, §82 (AMD).]
2.  Setting.
It is the policy of the State that the setting for the services described in subsection 1 must, consistent with adequate care and treatment:
A. Impose the fewest possible restrictions on the liberty of persons with intellectual disabilities or autism; and   [PL 2011, c. 542, Pt. A, §82 (AMD).]
B. Be as close as possible to the patterns and norms of the mainstream of society.   [PL 1983, c. 459, §7 (NEW).]
[PL 2011, c. 542, Pt. A, §82 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2011, c. 542, Pt. A, §82 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5003. System of care for mentally retarded clients (REPEALED)

§5003. System of care for mentally retarded clients
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 712, §§2,3 (AMD). PL 1989, c. 628, §§1,2 (AMD). PL 1991, c. 780, §DD2 (AMD). PL 1993, c. 410, §§CCC26,27 (AMD). PL 1995, c. 368, §GG5 (AMD). PL 1995, c. 560, §§K41-45 (AMD). PL 2007, c. 356, §15 (RP). PL 2007, c. 356, §31 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5003-B. Services across the lifespan

§5003-B. Services across the lifespan
The department shall facilitate the development of a home and community‑based waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services that provides services for persons with intellectual and developmental disabilities, autism or other related conditions across the lifespan, including smooth transitions from childhood to adulthood. Upon federal approval, the department shall adopt rules to implement this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A, except that any subsequent amendments to those rules are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 412, Pt. LLLLL, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. LLLLL, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5004. Sexual activity with recipient of services prohibited

§5004. Sexual activity with recipient of services prohibited
A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph C, with another person or subject another person to sexual contact, as defined in Title 17‑A, section 251, subsection 1, paragraph D, if the other person, not the actor's spouse, is a person with an intellectual disability or autism who receives therapeutic, residential or habilitative services from the organization, program or residence.   [PL 2011, c. 542, Pt. A, §84 (AMD).]
SECTION HISTORY
PL 1993, c. 687, §9 (NEW). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). RR 2003, c. 2, §103 (COR). PL 2011, c. 542, Pt. A, §84 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5005. Office of Advocacy (REPEALED)

§5005. Office of Advocacy
(REPEALED)
SECTION HISTORY
PL 2007, c. 356, §17 (NEW). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §§85-90 (AMD). PL 2011, c. 657, Pt. EE, §4 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 2: PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM; SERVICES › 34-B §5202. Director (REPEALED)

§5202. Director
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC29 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 2: PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM; SERVICES › 34-B §5203. Protective and supportive services

§5203. Protective and supportive services
1.  Department authority.
The department may provide protective or supportive services in response to complaints concerning, and requests for assistance from or on behalf of, all incapacitated persons, under the following conditions.
A. Except for seeking the appointment of a guardian, protective or supportive services may be initiated only:
(1) With the acquiescence of the incapacitated person; and
(2) After consultation, insofar as possible, with the family or the guardian of the incapacitated person.   [PL 1983, c. 459, §7 (NEW).]
B. The role of the department must be primarily that of supervision and coordination.   [PL 1995, c. 560, Pt. K, §48 (AMD).]
[PL 1995, c. 560, Pt. K, §48 (AMD).]
2.  Payment for services.
Payment for services under this section is governed as follows.
A. The department may pay for protective and supportive services to incapacitated persons from its own resources, by mobilizing available community resources or by purchase of services from voluntary or state agencies.   [PL 1995, c. 560, Pt. K, §49 (AMD).]
B. To the extent that assets are available to incapacitated persons or wards, the cost of services must be borne by the estate of persons receiving the services.   [PL 1993, c. 410, Pt. CCC, §30 (AMD).]
C. The department may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any incapacitated person, and shall apply those benefits toward the care and treatment of the incapacitated person.   [PL 1995, c. 560, Pt. K, §49 (AMD).]
D. The department may operate an adaptive equipment program. Reimbursement for materials utilized in the manufacture of this equipment may be received and must be retained for use within the adaptive equipment program.   [PL 1995, c. 560, Pt. K, §49 (AMD).]
[PL 1995, c. 560, Pt. K, §49 (AMD).]
3.  Rules.
Adoption, amendment and appeal of rules under this section are governed as follows.
A. The department shall adopt, and may amend or repeal, rules governing the administration of this section, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1995, c. 560, Pt. K, §50 (AMD).]
B. The department shall hold a public hearing before adopting, amending or repealing the rules, and shall give notice of the public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1995, c. 560, Pt. K, §50 (AMD).]
[PL 1995, c. 560, Pt. K, §50 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 761, §G7 (AMD). PL 1993, c. 410, §CCC30 (AMD). PL 1995, c. 560, §§K48-50 (AMD).