reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5609. Habilitation and vocational rehabilitation services

§5609. Habilitation and vocational rehabilitation services
1.  Habilitation services.
The department and the Department of Labor, through the Office of Rehabilitation Services, shall provide, to the extent of the resources available, for those habilitation and vocational rehabilitation services, defined in Title 26, section 1411‑A, subsection 6, and any other service, including, but not limited to, supported employment, including work in rehabilitation facilities and work centers, as defined in Title 5, chapter 155, subchapter 2; job coaching; transportation, recreational and leisure services; and respite or day programs designed in consultation with a planning team in order to make available to persons receiving services those services that are otherwise not obtainable, in the following order of priority:
A. Those persons receiving services who are living at home or in unsubsidized foster care who are between 20 and 26 years of age and are not receiving any day program; and   [PL 1993, c. 410, Pt. CCC, §43 (AMD).]
B. All other persons receiving services who are between 20 and 26 years of age and are not receiving an appropriate day program.   [PL 1993, c. 410, Pt. CCC, §43 (AMD).]
C.   [PL 1993, c. 326, §13 (RP).]
All persons receiving services who are served under this program prior to their 26th birthday must be allowed to continue to receive services through the voucher system established by subsection 2.
For purposes of this section, a planning team includes the person receiving services and a member of the person's family or the guardian of the person receiving services.
[PL 2003, c. 389, §23 (AMD).]
2.  Payment for service.
The department shall establish a voucher system to allow the planning team to incorporate only those services determined critical and otherwise unavailable into a program, including work, habilitation and other services designated in subsection 1, when appropriate. The department shall establish a limit on the amount of transitional services available to persons receiving services eligible for services under this section.
[PL 2003, c. 389, §24 (AMD).]
3.  Rules.
The department shall adopt rules in accordance with the Maine Administrative Procedure Act to establish a transitional program under subsections 1 and 2.
[PL 1995, c. 560, Pt. K, §62 (AMD).]
SECTION HISTORY
PL 1987, c. 837, §1 (NEW). PL 1989, c. 328 (AMD). PL 1993, c. 326, §13 (AMD). PL 1993, c. 410, §CCC43 (AMD). PL 1993, c. 708, §A12 (AMD). PL 1995, c. 560, §§K60-62 (AMD). PL 2003, c. 389, §§23,24 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5610. Service delivery

§5610. Service delivery
1.  Guiding service delivery.
The delivery of services by providers of services and the department to persons with intellectual disabilities, autism or acquired brain injuries is guided by the following.
A. Persons with intellectual disabilities, autism or acquired brain injuries have the same rights as all citizens, including the rights to live, work and participate in the life of the community.   [PL 2021, c. 284, Pt. A, §23 (AMD).]
B. Community inclusion is achieved by connecting persons and their families, whenever possible, to local and generic supports within the community and by the use of residential services that are small and integrated into the community.   [PL 2007, c. 356, §27 (NEW); PL 2007, c. 356, §31 (AFF).]
C. Real work for real pay for persons in integrated settings in the community is the cornerstone of all vocational and employment services.   [PL 2007, c. 356, §27 (NEW); PL 2007, c. 356, §31 (AFF).]
D. Service delivery to persons with intellectual disabilities, autism or acquired brain injuries is based on the following fundamentals:
(1) Maximizing the growth and development of the person and inclusion in the community;
(2) Maximizing the person's control over that person's life;
(3) Supporting the person in that person's own home;
(4) Acknowledging and enhancing the role of the family, as appropriate, as the primary and most natural caregiver; and
(5) Planning for the delivery of community services that:
(a) Promotes a high quality of life;
(b) Is based on ongoing individualized assessment of the strengths, needs and preferences of the person and the strengths of that person's family; and
(c) Identifies and considers connections in other areas of the person's life, including but not limited to family, allies, friends, work, recreation and spirituality.   [PL 2021, c. 284, Pt. A, §23 (AMD).]
[PL 2021, c. 284, Pt. A, §23 (AMD).]
SECTION HISTORY
PL 2007, c. 356, §27 (NEW). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §131 (AMD). PL 2021, c. 284, Pt. A, §§23 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5611. Complaints

§5611. Complaints
A complaint may be filed by the agency designated pursuant to Title 5, section 19502. The complaint procedure may be used when the agency knows or has reason to believe that the practices, procedures or policies of any agency licensed, funded or contracted by the department to provide services violate the rights of individuals with intellectual disabilities or autism pursuant to section 5605.   [PL 2013, c. 310, §9 (NEW).]
1.  Allegations of employee misconduct.
A complaint that includes allegations of employee misconduct must be processed, but no disciplinary action may be taken nor facts found with regard to the alleged misconduct except in accordance with applicable personnel rules, policies and labor contract provisions.
[PL 2013, c. 310, §9 (NEW).]
2.  Complaints arising in community.
A complaint arising in the community must be addressed to the executive director of the provider agency.
[PL 2013, c. 310, §9 (NEW).]
3.  Response to be provided within 5 business days.
A formal written response, including a statement of the remedial action to be taken, if any, must be provided to the complainant within 5 business days of receipt by the person listed in subsection 2.
[PL 2013, c. 310, §9 (NEW).]
4.  Decision appealable to director.
A decision described in subsection 3 is appealable within 5 business days to the director of the department's office of aging and disability services or the director's designee, who shall provide a formal written response, including a statement of the remedial action to be taken, if any, to the complainant within 5 business days.
[PL 2013, c. 310, §9 (NEW).]
5.  Decision appealable to commissioner.
A decision of the director or the director's designee pursuant to subsection 4 is appealable within 5 business days to the commissioner, who shall provide a formal written response, including a statement of the remedial action to be taken, if any, to the complainant within 5 business days. This written response constitutes the department's final agency action on the matter.
[PL 2013, c. 310, §9 (NEW).]
SECTION HISTORY
PL 2013, c. 310, §9 (NEW). PL 2021, c. 284, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 1: AUTISM ACT OF 1984 › 34-B §6001. Legislative intent

§6001. Legislative intent
It is the intent of the Legislature that social and habilitative services directed at persons who have been diagnosed as having autism or other pervasive developmental disorders be developed and planned for, to the extent that resources permit, by the Department of Health and Human Services.   [PL 2011, c. 542, Pt. A, §132 (AMD).]
SECTION HISTORY
PL 1983, c. 824, §U (NEW). PL 1993, c. 410, §CCC44 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 542, Pt. A, §132 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 1: AUTISM ACT OF 1984 › 34-B §6002. Autism spectrum disorder and autism defined

§6002. Autism spectrum disorder and autism defined
1.  Generally.
"Autism spectrum disorder" or "autism" means a neurodevelopmental disorder characterized by symptoms that typically present in the early developmental period and result in clinically significant impairment in social, occupational or other important areas of functioning, including:
A. Deficits in social communication and social interaction; and   [PL 2023, c. 89, §10 (NEW).]
B. Restricted repetitive behaviors, interests and activities.   [PL 2023, c. 89, §10 (NEW).]
[PL 2023, c. 89, §10 (RPR).]
2.  Adult with autism spectrum disorder; adult with autism.
"Adult with autism spectrum disorder" or "adult with autism" means an adult who has received a diagnosis that meets the diagnostic criteria of autism spectrum disorder, as set forth in department rules.
A. [PL 2023, c. 89, §10 (RP).]
B. [PL 2023, c. 89, §10 (RP).]
[PL 2023, c. 89, §10 (RPR).]
SECTION HISTORY
PL 1983, c. 824, §U (NEW). PL 2007, c. 309, §1 (RPR). PL 2023, c. 89, §10 (RPR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 1: AUTISM ACT OF 1984 › 34-B §6003. Rules

§6003. Rules
The department shall adopt rules governing the definition of autism and other pervasive developmental disorders in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1995, c. 560, Pt. K, §63 (AMD).]
SECTION HISTORY
PL 1983, c. 824, §U (NEW). PL 1993, c. 410, §CCC44 (AMD). PL 1995, c. 560, §K63 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 1: AUTISM ACT OF 1984 › 34-B §6004. Report

§6004. Report
The commissioner shall submit a report in coordination with the Commissioner of Education on efforts to plan for and develop social and habilitative services for persons who have autism and other pervasive developmental disorders to the Governor and the joint standing committees of the Legislature having jurisdiction over health and institutional services matters and educational and cultural affairs. This report must be submitted no later than January 15th of every odd-numbered year and must be submitted in conjunction with the plan required by section 5003-A, subsection 3.   [PL 2011, c. 348, §11 (AMD).]
The committee shall study the report and make recommendations to the Legislature with respect to improving the quality and availability of services to children and adults who have pervasive developmental disorders.   [PL 1983, c. 824, Pt. U (NEW).]
SECTION HISTORY
PL 1983, c. 824, §U (NEW). PL 1993, c. 410, §CCC45 (AMD). PL 1995, c. 560, §K64 (AMD). PL 2007, c. 356, §28 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 348, §11 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 2: CHILDREN'S SERVICES › 34-B §6202. Policy

§6202. Policy
1.  Services.
It is the policy of the State to provide an efficient, coordinated statewide system of services to children in need of treatment and their families, including a comprehensive system of family support services, insofar as resources permit.
[PL 1987, c. 349, §23 (AMD).]
2.  Spiritual treatment.
Nothing in this subchapter may replace or limit the right of any child to treatment in accordance with a recognized religious method of healing, if the treatment is requested by the person or by the person's parent or guardian.
[RR 2019, c. 2, Pt. B, §102 (COR).]
3.  Setting.
It is the policy of the State that the setting for the services described in this subchapter shall, consistent with the availability of appropriate resources:
A. Impose the fewest possible restrictions on the liberty of children in need of treatment; and   [PL 1985, c. 503, §12 (NEW).]
B. Be as close as possible to the patterns and norms of the mainstream of society, recognizing regional, cultural and ethnic characteristics.   [PL 1985, c. 503, §12 (NEW).]
[PL 1985, c. 503, §12 (NEW).]
4.  Other agencies.
Nothing in this subchapter may be construed to constrain or impair the Department of Corrections, Department of Education, Department of Health and Human Services or any other state agency in carrying out statutorily mandated responsibilities to children and their families or to alter or diminish any services, benefits or entitlements received by virtue of the statutory responsibilities.
[PL 1989, c. 700, Pt. A, §165 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1987, c. 349, §H23 (AMD). PL 1989, c. 700, §A165 (AMD). PL 2003, c. 689, §B6 (REV). RR 2019, c. 2, Pt. B, §102 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 2: CHILDREN'S SERVICES › 34-B §6205. Services for juveniles committed to Long Creek Youth Development Center

§6205. Services for juveniles committed to Long Creek Youth Development Center
1.  Department authority.
The department may provide consultation services to any juvenile with an intellectual disability or autism committed to the Long Creek Youth Development Center if those services are requested by the Commissioner of Corrections or the commissioner's designee. Consultation services may include participation by appropriate department professionals on the Classification Committee of the Long Creek Youth Development Center in order to assist in the design of individual treatment plans to provide habilitation, education and skill training to juveniles with an intellectual disability or autism in residence at the Long Creek Youth Development Center.
[PL 2017, c. 148, §29 (AMD).]
2.  Support services.
Whenever a program has been designed for a juvenile with an intellectual disability or autism by the Classification Committee of the Long Creek Youth Development Center and the classification committee has included participation by the department professionals, the department shall provide, insofar as possible, support services to implement that program.
[PL 2017, c. 148, §29 (AMD).]
3.  Case management.
The department may provide case management services to juveniles with intellectual disabilities or autism who are released from the Long Creek Youth Development Center.
[PL 2017, c. 148, §29 (AMD).]
SECTION HISTORY
PL 1993, c. 738, §E4 (NEW). PL 1993, c. 738, §E6 (AFF). PL 1995, c. 560, §K72 (AMD). PL 1999, c. 401, §J4 (AMD). PL 2001, c. 439, §G6 (AMD). PL 2003, c. 706, §A14 (AMD). PL 2011, c. 542, Pt. A, §134 (AMD). PL 2017, c. 148, §29 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 3: ADVISORY COMMITTEE › 34-B §6241. Maine Advisory Committee on Children with Special Needs (REPEALED)

§6241. Maine Advisory Committee on Children with Special Needs
(REPEALED)
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1989, c. 503, §B164 (AMD). PL 1993, c. 360, §§F1,2 (AMD). PL 1995, c. 560, §§K73,74 (AMD). PL 1999, c. 668, §126 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 3: ADVISORY COMMITTEE › 34-B §6242. Nonlapsing funds

§6242. Nonlapsing funds
Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in the Mental Health Services - Child Medicaid account may not lapse but must be carried forward to be used for the same purposes.   [PL 1995, c. 665, Pt. N, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 665, §N2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 4: STATE-OPERATED FACILITIES FOR CHILDREN WITH SPECIAL NEEDS › 34-B §6251. Maintenance of facilities (REPEALED)

§6251. Maintenance of facilities
(REPEALED)
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1995, c. 560, §K75 (AMD). PL 2007, c. 539, Pt. N, §70 (AMD). MRSA T. 34-B §6251 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 4: STATE-OPERATED FACILITIES FOR CHILDREN WITH SPECIAL NEEDS › 34-B §6252. Elizabeth Levinson Center (REPEALED)

§6252. Elizabeth Levinson Center
(REPEALED)
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1995, c. 560, §K76 (AMD). PL 2003, c. 389, §25 (AMD). PL 2007, c. 539, Pt. N, §71 (AMD). MRSA T. 34-B §6252, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 4: STATE-OPERATED FACILITIES FOR CHILDREN WITH SPECIAL NEEDS › 34-B §6253. Military and Naval Children's Home (REPEALED)

§6253. Military and Naval Children's Home
(REPEALED)
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1989, c. 749, §1 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 4: STATE-OPERATED FACILITIES FOR CHILDREN WITH SPECIAL NEEDS › 34-B §6253-A. Bath Children's Home (REPEALED)

§6253-A. Bath Children's Home
(REPEALED)
SECTION HISTORY
PL 1989, c. 749, §§2,3 (NEW). PL 1991, c. 567, §2 (AMD). PL 1993, c. 360, §§H3,4 (AMD). PL 1993, c. 427, §5 (AMD). PL 1995, c. 560, §K77 (AMD). MRSA T. 34-B §6253-A, sub-7 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 6: AUTISM › Subchapter 4: STATE-OPERATED FACILITIES FOR CHILDREN WITH SPECIAL NEEDS › 34-B §6254. Services in institutions (REPEALED)

§6254. Services in institutions
(REPEALED)
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1995, c. 395, §G18 (AMD). PL 1995, c. 395, §G20 (AFF). PL 1995, c. 560, §§K78-80 (AMD). PL 1997, c. 393, §A40 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982 › 34-B §7001. Short title

§7001. Short title
This chapter may be cited as the "Due Process in Sterilization Act of 1982."   [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 7: DUE PROCESS IN STERILIZATION ACT OF 1982 › 34-B §7002. Legislative intent

§7002. Legislative intent
The Legislature finds and declares that sterilization procedures are generally irreversible and represent potentially permanent and highly significant consequences for the patient involved. The Legislature recognizes that certain legal safeguards are necessary to prevent indiscriminate and unnecessary sterilization and to assure equal access to desired medical procedures for all Maine citizens.   [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 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 9: INTERSTATE COMPACT ON MENTAL HEALTH › 34-B §9004. Aftercare--Article IV

§9004. Aftercare--Article IV
1.  Investigation.
Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
[PL 1983, c. 459, §7 (NEW).]
2.  Aftercare in receiving state.
If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.
[PL 1983, c. 459, §7 (NEW).]
3.  Standards.
In supervising, treating or caring for a patient on aftercare pursuant to the terms of this Article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.
[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 9: INTERSTATE COMPACT ON MENTAL HEALTH › 34-B §9005. Escape--Article V

§9005. Escape--Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, the dangerous or potentially dangerous patient must be detained in the state where found pending disposition in accordance with law.   [RR 2009, c. 2, §96 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2009, c. 2, §96 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 9: INTERSTATE COMPACT ON MENTAL HEALTH › 34-B §9006. Transportation of patient--Article VI

§9006. Transportation of patient--Article VI
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.   [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 9: INTERSTATE COMPACT ON MENTAL HEALTH › 34-B §9007. Costs; reciprocal agreements--Article VII

§9007. Costs; reciprocal agreements--Article VII
1.  Patient at only one institution.
No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
[PL 1983, c. 459, §7 (NEW).]
2.  Costs.
The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any 2 or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
[PL 1983, c. 459, §7 (NEW).]
3.  Internal relationships not affected.
No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.
[PL 1983, c. 459, §7 (NEW).]
4.  Asserting rights for costs.
Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible, pursuant to any provision of this compact.
[PL 1983, c. 459, §7 (NEW).]
5.  Reciprocal agreements not invalidated.
Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW).