reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1221. Plans for the homeless

§1221. Plans for the homeless
The regional housing coordinator for each region shall convene a working group annually to develop a plan that states how mental health or substance use disorder services needed by individuals using homeless shelters will be provided. Each working group shall submit a plan annually to the community service network established pursuant to section 3608. The community service network shall review the plan and submit it, with any suggested changes, to the Statewide Homeless Council, established pursuant to Title 30‑A, section 5046.   [PL 2017, c. 407, Pt. A, §157 (AMD).]
1.  Working group.
The working group in each region consists of the following members:
A. Representatives of homeless shelter operators that receive shelter operating subsidy funds from the Housing Opportunities for Maine Fund designated by the Maine State Housing Authority;   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
B. Representatives of mental health provider agencies designated by the department;   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
C. Representatives of providers of substance use disorder services designated by the department;   [PL 2017, c. 407, Pt. A, §158 (AMD).]
D. The regional housing coordinators; and   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
E. Representatives of the boards of directors of the entities listed in paragraphs A, B and C designated by the boards of directors.   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
[PL 2017, c. 407, Pt. A, §158 (AMD).]
2.  Plan contents.
Each plan must be designed to meet local needs and must include, but is not limited to, the following components:
A. An overview of local service area needs;   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
B. A review of the factors that lead to homelessness, the barriers to permanent housing and the clinical needs of individuals using homeless shelters based upon discussions with those persons; and   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
C. Procedures for referrals, treatment planning, information sharing, clinical services, training for shelter and mental health services providers and determining consumer satisfaction with shelter services and mental health services.   [PL 1997, c. 643, Pt. XX, §4 (NEW).]
[PL 1997, c. 643, Pt. XX, §4 (NEW).]
SECTION HISTORY
PL 1997, c. 643, §XX4 (NEW). PL 2005, c. 380, §B14 (AMD). PL 2007, c. 286, §4 (AMD). PL 2017, c. 407, Pt. A, §§157, 158 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1222. County jail mental illness treatment pilot programs

§1222. County jail mental illness treatment pilot programs
The department, together with the Department of Corrections, shall convene a stakeholder group, which must include at a minimum representatives of mental health providers, county jail facilities, advocacy groups, persons with mental illness who are or have been incarcerated in jail and families of persons with mental illness who are or have been incarcerated in jail. The stakeholder group shall design a pilot program to provide increased mental health services to county jail populations. The pilot program must be based on best practices approaches that are supported by research and include collaboration agreements among county jails, community mental health providers, the department and the Department of Corrections. The pilot program must also include mechanisms for evaluating program success. The pilot program must augment and not supplant any existing mental health or county jail efforts to meet the needs of persons with mental illness.   [PL 2001, c. 659, Pt. G, §1 (NEW).]
Once agreement on program design is reached by the stakeholder group and an agreement on program content, focus and function is signed by all stakeholders, the department, in cooperation with the Department of Corrections, shall act as the program and fiscal oversight agent and make available through one or more contracts funds for the pilot program. The department shall seek Medicaid or other available funds to support this effort wherever possible.   [PL 2001, c. 659, Pt. G, §1 (NEW).]
By January 30, 2003, the department and the Department of Corrections shall provide a report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters on the success of the pilot program.   [PL 2001, c. 659, Pt. G, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 659, §G1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1224. Processing fee

§1224. Processing fee
Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203‑A shall pay a processing fee not to exceed $10 to the department for the reissuance of a license when the licensee made changes that require the reissuance of a license.   [PL 2009, c. 590, §7 (NEW).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 590, §7 (NEW).]
Revisor's Note: §1224. Criminal background checks (As enacted by PL 2009, c. 621, §8 is REALLOCATED TO TITLE 34-B, SECTION 1225)
SECTION HISTORY
RR 2009, c. 2, §94 (RAL). PL 2009, c. 590, §7 (NEW). PL 2009, c. 621, §8 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1225. Criminal background checks (REALLOCATED FROM TITLE 34-B, SECTION 1224)

§1225. Criminal background checks
(REALLOCATED FROM TITLE 34-B, SECTION 1224)
Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203‑A, prior to hiring an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. A facility or provider licensed under section 1203‑A is subject to the employment restrictions set out in Title 22, section 1812‑G and other applicable federal and state laws when employing direct access personnel, as defined in Title 22, section 1717, subsection 1, paragraph A‑2. The facility or health care provider shall pay for the criminal background check required by this section.   [PL 2015, c. 494, Pt. A, §38 (RPR).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [RR 2009, c. 2, §94 (RAL).]
SECTION HISTORY
RR 2009, c. 2, §94 (RAL). PL 2015, c. 196, §17 (AMD). PL 2015, c. 299, §28 (AMD). PL 2015, c. 494, Pt. A, §38 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1226. Resources available for patients entering residential care facilities (REPEALED)

§1226. Resources available for patients entering residential care facilities
(REPEALED)
SECTION HISTORY
PL 2017, c. 461, §1 (NEW). MRSA T. 34-B §1226, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2: DEPARTMENT › 34-B §1227. Health-related services for children from birth to 5 years of age to access education

§1227. Health-related services for children from birth to 5 years of age to access education
1.  Services required.
The department shall provide reimbursement for health-related services that are required for children from birth to 5 years of age to access their education. Health-related services may include, but are not limited to, physical therapy, occupational therapy, speech therapy, nursing services, social work services and behavioral health services.
[PL 2021, c. 227, §1 (NEW).]
2.  Rulemaking.
The department shall adopt rules to implement this section. The rules must establish the process for reimbursement under subsection 1 and be consistent with federal law. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 227, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 227, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2-A: FUNDS FOR THE DEVELOPMENTALLY DISABLED › 34-B §1231. Self-sufficiency trust fund

§1231. Self-sufficiency trust fund
1.  Trust established.
There is created the Self-sufficiency Trust Fund. The State Treasurer, ex officio, is the custodian of the trust fund and the comptroller shall direct payments from the trust fund upon vouchers properly certified by the Commissioner of Health and Human Services. The treasurer shall credit interest on the trust fund to the trust fund and the commissioner shall allocate that interest pro rata to the respective accounts of the named beneficiaries of the trust fund.
A. For the purposes of this section, the term "self-sufficiency trust" means a trust created by a nonprofit corporation which is a 501-C-3 organization under the United States Internal Revenue Code of 1954 and which was organized under the Nonprofit Corporation Act, Title 13‑B, for the purpose of providing for the care or treatment of one or more developmentally disabled persons or persons otherwise eligible for department services.   [PL 1987, c. 176 (NEW).]
[RR 1995, c. 2, §86 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
2.  Rules.
The department shall adopt these rules and procedures under the Maine Administrative Procedure Act, Title 5, chapter 375, as may be necessary or useful for the administration of the trust fund.
[PL 1987, c. 176 (NEW).]
SECTION HISTORY
PL 1987, c. 176 (NEW). RR 1995, c. 2, §86 (COR). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2-A: FUNDS FOR THE DEVELOPMENTALLY DISABLED › 34-B §1232. Administration of fund

§1232. Administration of fund
1.  Naming beneficiaries.
The Department of Health and Human Services may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are developmentally disabled persons or persons otherwise eligible for department services residing in this State and specifying the care or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.
[PL 1987, c. 176 (NEW); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Care and support of beneficiaries.
The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.
[PL 1987, c. 176 (NEW).]
3.  Return of money.
In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust which deposited the money in the trust fund.
[PL 1987, c. 176 (NEW).]
4.  Other benefits not affected.
The receipt by a beneficiary of money from the trust fund, or of care or treatment provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law.
[PL 1987, c. 176 (NEW).]
SECTION HISTORY
PL 1987, c. 176 (NEW). PL 1995, c. 560, §K82 (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 1: GENERAL PROVISIONS › Subchapter 2-A: FUNDS FOR THE DEVELOPMENTALLY DISABLED › 34-B §1233. Special fund in the State Treasury

§1233. Special fund in the State Treasury
The fund for the developmentally disabled is created as a special fund in the State Treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an allocation for the purpose of providing for the care and treatment of low-income developmentally disabled persons, or low-income persons otherwise eligible for department services, as defined by the department.   [PL 1987, c. 176 (NEW).]
SECTION HISTORY
PL 1987, c. 176 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 2-B: DOROTHEA DIX AWARD › 34-B §1301. Dorothea Dix Award

§1301. Dorothea Dix Award
The commissioner shall establish the Dorothea Dix Award, which recognizes and honors outstanding achievement in improving the lives of people living with mental illness or mental disabilities. The award must be made on April 4th of each odd-numbered year at the Dorothea Dix Psychiatric Center. The Governor or the Governor's designee shall present the award.   [PL 2005, c. 236, §1 (NEW).]
1.  Eligibility.
A person who is a Maine resident or has direct long-standing ties with Maine is eligible to win the award.
[PL 2005, c. 236, §1 (NEW).]
2.  Dorothea Dix Award Selection Committee; established.
The Dorothea Dix Award Selection Committee, known in this subchapter as "the committee," is established and consists of the following 4 members:
A. One member representing people with mental illness, chosen by the Governor;   [PL 2005, c. 236, §1 (NEW).]
B. One member representing advocates for the legal rights of people living with disabilities, chosen by the President of the Senate;   [PL 2005, c. 236, §1 (NEW).]
C. One member representing people with mental disabilities, chosen by the Speaker of the House of Representatives; and   [PL 2005, c. 236, §1 (NEW).]
D. One member representing children living with mental illness or mental disabilities, chosen by the Attorney General.   [PL 2005, c. 236, §1 (NEW).]
[PL 2005, c. 236, §1 (NEW).]
3.  Selection procedure.
Any person may nominate a candidate for the award. The committee shall develop a review and selection procedure.
[PL 2005, c. 236, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 236, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1401. Chief administrative officers (REPEALED)

§1401. Chief administrative officers
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC14 (AMD). PL 1993, c. 667, §2 (AMD). PL 1995, c. 395, §G12 (AMD). PL 1995, c. 395, §G20 (AFF). PL 1995, c. 560, §§K25,26 (AMD). PL 2005, c. 236, §§3,4 (REV). PL 2007, c. 539, Pt. N, §65 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1402. Community services

§1402. Community services
1.  Commissioner's duty.
In every state institution to which a person with mental illness or an intellectual disability may be committed, the commissioner shall organize and administer the duties set forth in subsection 2.
[PL 2011, c. 542, Pt. A, §69 (AMD).]
2.  Duties.
The department shall:
A. Supervise clients who have left the institution with a view to their safe care at home, suitable employment and self-support under good working and living conditions, and with a view to prevention of their relapse and return to public dependency;   [PL 1983, c. 459, §7 (NEW).]
B. Provide for informing and advising any indigent person, that person's relatives or friends and the representatives of any charitable agency as to:
(1) The mental condition of the indigent person;
(2) The prevention and treatment of the condition;
(3) The available institutions or other means of caring for the person; and
(4) Any other matter relative to the welfare of the person; and   [PL 2009, c. 299, Pt. A, §6 (AMD).]
C. Acquire and disseminate knowledge of mental disease, intellectual disabilities, autism and other related conditions with a view to promoting a better understanding and the most enlightened public sentiment and policy in these matters, and in this work the department may cooperate with local authorities, schools and social agencies.   [PL 2011, c. 542, Pt. A, §70 (AMD).]
[PL 2011, c. 542, Pt. A, §70 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1995, c. 560, §K27 (AMD). PL 2009, c. 299, Pt. A, §6 (AMD). PL 2011, c. 542, Pt. A, §§69, 70 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1403. Boards of visitors (REPEALED)

§1403. Boards of visitors
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 812, §265 (AMD). PL 1987, c. 402, §A177 (AMD). PL 1987, c. 887, §5 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1403-A. Pineland Center Board of Visitors (REPEALED)

§1403-A. Pineland Center Board of Visitors
(REPEALED)
SECTION HISTORY
PL 1991, c. 70, §2 (NEW). PL 1993, c. 360, §H2 (AMD). PL 1995, c. 395, §G13 (RP). PL 1995, c. 395, §G20 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1404. Legal actions

§1404. Legal actions
1.  Contract actions.
Actions founded on any contract made with the State Purchasing Agent, or with any official of the department under the authority granted by the State Purchasing Agent, on behalf of any of the state institutions may be brought by the official making the contract or that official's successor in office.
[RR 2019, c. 2, Pt. B, §89 (COR).]
2.  Actions for injuries to property.
Actions for injuries to the real or personal property of the State, used by any state institution and under the management of the chief administrative officer of the institution, may be prosecuted in the name of the officer or that officer's successor in office.
[RR 2019, c. 2, Pt. B, §89 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §89 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1405. Emergencies

§1405. Emergencies
When emergency situations are certified by the chief administrative officer of a state institution to exist at the institution, the commissioner may, with the approval of the Governor, assign departmental personnel as may be necessary to assist in controlling the emergency situation.   [PL 1983, c. 459, §7 (NEW).]
1.  Temporary assignment.
The assignment of personnel shall be only for the period during which the emergency exists.
[PL 1983, c. 459, §7 (NEW).]
2.  Compensation.
Any personnel transferred are entitled to receive compensation as required by the Civil Service Law, rules and contract terms.
[PL 1985, c. 785, Pt. B, §163 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 785, §B163 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1406. Improper conduct of institutional officers

§1406. Improper conduct of institutional officers
The commissioner may inquire into any improper conduct imputed to state institutional officers in relation to the concerns of their institutions, and for that purpose may:   [PL 1983, c. 459, §7 (NEW).]
1.  Subpoenas.
Issue subpoenas for witnesses and compel their attendance and the production of papers and writings by punishment for contempt in case of willful failure, neglect or refusal;
[PL 1983, c. 459, §7 (NEW).]
2.  Examination of witnesses.
Examine witnesses under oath; and
[PL 1983, c. 459, §7 (NEW).]
3.  Adjudication.
Adjudicate cases of alleged improper conduct in a manner similar to and with similar effect as cases of arbitration.
[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 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1407. Appointment of physician

§1407. Appointment of physician
In every state institution to which a person with mental illness or a person with an intellectual disability or autism may be committed, the commissioner shall appoint a physician experienced in the care and treatment of such persons and the necessary assistants to the physician.   [PL 2011, c. 542, Pt. A, §71 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2011, c. 542, Pt. A, §71 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1408. Cooperation with state departments

§1408. Cooperation with state departments
Whenever it is determined advisable, the chief administrative officer of any institution providing services for persons with mental illness, intellectual disabilities or autism may cooperate with state departments to examine upon request and recommend suitable treatment and supervision for:   [PL 2011, c. 542, Pt. A, §72 (AMD).]
1.  Mental illness, intellectual disability or autism.
Persons thought to have a mental illness, an intellectual disability or autism; and
[PL 2011, c. 542, Pt. A, §72 (AMD).]
2.  Juvenile Court.
Children brought before any Juvenile Court.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2011, c. 542, Pt. A, §72 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1410. Posting of political material

§1410. Posting of political material
The chief administrative officer of each state institution shall provide in at least one accessible area in each institution an appropriate space for the posting of written political material sent for that purpose to the chief administrative officer by candidates for state office or federal office in this State.   [PL 1983, c. 459, §7 (NEW).]
1.  One item limit.
Not more than one item of written political material may be posted in one place on behalf of any one candidate.
[PL 1983, c. 459, §7 (NEW).]
2.  Removal.
Written political material shall be removed after the elections for which it is intended for use.
[PL 1983, c. 459, §7 (NEW).]
3.  Voting place.
If there is a voting place within the institution, the posting place may not be located within 250 feet of the entrance to the voting place.
[PL 1983, c. 459, §7 (NEW).]
4.  Violation.
The posting of written political material under this section is not a violation of Title 21‑A, section 32 or Title 21‑A, section 674, subsection 1, paragraph C.
[PL 1993, c. 473, §44 (AMD); PL 1993, c. 473, §46 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 506, §A71 (AMD). PL 1993, c. 473, §44 (AMD). PL 1993, c. 473, §46 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1411. Public ways and parking areas

§1411. Public ways and parking areas
1.  Rules.
The chief administrative officers of state institutions may promulgate and enforce rules, subject to the approval of the commissioner, governing the use of public ways and parking areas maintained by the State at the state institutions.
A. The rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1983, c. 459, §7 (NEW).]
B. The Secretary of State shall forward a copy of the rules, attested under the Great Seal of the State, to the District Court in the area of jurisdiction.   [PL 1983, c. 459, §7 (NEW).]
[PL 1983, c. 459, §7 (NEW).]
2.  Special police officers.
The chief administrative officers of state institutions may appoint and employ, subject to the Civil Service Law, special police officers for the purpose of enforcing rules promulgated under subsection 1.
A. The special police officers shall:
(1) Patrol all the public ways and parking areas subject to this section;
(2) Enforce rules promulgated under this section; and
(3) Arrest and prosecute violators of the rules.   [PL 1983, c. 459, §7 (NEW).]
B. The State Police, sheriffs, deputy sheriffs, police officers and constables who have jurisdiction over the areas in which the institutions are located shall, insofar as possible, cooperate with the special police officers in the enforcement of the rules promulgated under subsection 1.   [PL 1983, c. 459, §7 (NEW).]
[PL 1985, c. 785, Pt. B, §164 (AMD).]
3.  Court procedure.
The District Court in the areas in which the institutions are located has jurisdiction in all proceedings brought under this section.
A. The District Court shall take judicial notice of all rules promulgated under subsection 1.   [PL 1983, c. 459, §7 (NEW).]
B. In any prosecution for a violation of the rules, the complaint may allege the offense as in prosecutions under a general statute and need not recite the rule.   [PL 1983, c. 459, §7 (NEW).]
[PL 1983, c. 459, §7 (NEW).]
4.  Prohibited acts; fine.
A person who violates any rule adopted under this section commits a civil violation for which a fine may be adjudged in an amount consistent with the amount charged for a similar violation by the municipality in which the institution is located, but not to exceed the maximum amount provided for a traffic infraction under Title 29-A, section 103. Notwithstanding any other law, the fines and costs of court paid under this section inure to the municipality in which the proceedings take place.
A. [PL 1991, c. 313 (RP).]
B. [PL 1991, c. 313 (RP).]
C. [PL 1991, c. 313 (RP).]
D. [PL 1991, c. 313 (RP).]
[PL 2013, c. 381, Pt. C, §5 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 785, §B164 (AMD). PL 1991, c. 313 (AMD). PL 1995, c. 65, §A136 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2013, c. 381, Pt. C, §5 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 1: ADMINISTRATIVE PROVISIONS › 34-B §1412. Military and Naval Children's Home (REPEALED)

§1412. Military and Naval Children's Home
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 503, §5 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1430. Rights

§1430. Rights
Any resident of a state institution has a right to nutritious food in adequate quantities, adequate professional medical care, an acceptable level of sanitation, ventilation and light, a reasonable amount of space per person in any sleeping area, a reasonable opportunity for physical exercise and recreational activities, protection against any physical or psychological abuse and a reasonably secure area for the maintenance of permitted personal effects.   [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 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1431. Indefinite convalescent status

§1431. Indefinite convalescent status
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Living conditions" includes, but is not limited to, the physical conditions of a residential facility, the individual treatment plan provided for each outpatient client and the programs for treatment available to and appropriate for each outpatient client.   [PL 1983, c. 459, §7 (NEW).]
B. "Residential facility" means a boarding home, nursing home, foster home, group home or halfway house licensed by the Department of Health and Human Services or used by the Department of Health and Human Services.   [PL 1983, c. 459, §7 (NEW); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
[PL 1983, c. 459, §7 (NEW); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Requirements.
The chief administrative officer of any state institution, or a person designated by the chief administrative officer, may place any person who has been hospitalized based on a diagnosis of mental illness, intellectual disability or autism, except residents described in chapter 3, subchapter 4, article 2, on indefinite convalescence status, if the officer or the officer's designee determines that the residential facility in which the person will be residing is at least equivalent in the quality of living conditions to the state institution in which the person is hospitalized.
[PL 2011, c. 542, Pt. A, §73 (AMD).]
3.  Standards.
The commissioner shall establish standards for assessing whether or not living conditions in residential facilities are equivalent to the existing living conditions in state institutions.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). 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, §73 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1432. Administration of medication

§1432. Administration of medication
The administration of medication in state institutions shall be in accordance with rules established by the State Board of Nursing.   [PL 1983, c. 459, §7 (NEW).]
1.  Maine Administrative Procedure Act.
The State Board of Nursing shall establish rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.
[PL 1983, c. 459, §7 (NEW).]
2.  Considerations.
In establishing rules for each type of state institution, the State Board of Nursing shall consider, among other factors:
A. The general health of the persons likely to receive medication;   [PL 1983, c. 459, §7 (NEW).]
B. The number of persons served by the institution; and   [PL 1983, c. 459, §7 (NEW).]
C. The number of persons employed at the institution.   [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 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1433. Aliens

§1433. Aliens
1.  Notification of immigration officer.
When a person is admitted or committed to a state, county, city or private institution which is supported wholly or in part by public funds, the chief administrative officer of the institution shall inquire at once into the nationality of the person and, if it appears that the person is an alien, the chief administrative officer shall notify immediately the United States immigration officer in charge of the district in which the institution is located, of:
A. The date of and the reason for the alien's admission or commitment;   [PL 1983, c. 459, §7 (NEW).]
B. The length of time for which the alien is admitted or committed;   [PL 1983, c. 459, §7 (NEW).]
C. The country of which the alien is a citizen; and   [PL 1983, c. 459, §7 (NEW).]
D. The date on which and the port at which the alien last entered the United States.   [PL 1983, c. 459, §7 (NEW).]
[PL 1983, c. 459, §7 (NEW).]
2.  Copy of record to immigration officer.
Upon the official request of the United States immigration officer in charge of the territory or district in which is located any court committing an alien to a state, county, city or private institution which is supported wholly or in part by public funds, the clerk of the court shall furnish without charge a certified copy of any record pertaining to the alien's case.
[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 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1434. Resident's property presumed abandoned

§1434. Resident's property presumed abandoned
Any property abandoned or unclaimed by a resident of a state institution must be disposed of according to Title 33, chapter 45.   [PL 2019, c. 498, §24 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2003, c. 20, §T33 (AMD). PL 2019, c. 498, §24 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1435. Unnatural death of resident

§1435. Unnatural death of resident
When the death of any resident in a state institution is not clearly the result of natural causes, an examination and inquest shall be held as in other cases, and the commissioner or the chief administrative officer of the institution shall cause a medical examiner to be immediately notified for that purpose.   [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 1: GENERAL PROVISIONS › Subchapter 3: INSTITUTIONS GENERALLY › Article 2: CLIENTS GENERALLY › 34-B §1436. Rules regarding cardiopulmonary resuscitation

§1436. Rules regarding cardiopulmonary resuscitation
The department shall promulgate rules regarding the use of cardiopulmonary resuscitation in state institutions, pursuant to the Maine Administrative Procedure Act, Title 5, section 8053.   [PL 1987, c. 305 (NEW).]
SECTION HISTORY
PL 1987, c. 305 (NEW). RR 2009, c. 2, §95 (COR).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 4: NEGOTIATIONS WITH MUNICIPALITIES IN WHICH STATE INSTITUTIONS ARE LOCATED › 34-B §1602. Negotiations with municipalities

§1602. Negotiations with municipalities
The Commissioner of Health and Human Services shall negotiate with officials of a municipality in which state institutions for both juveniles and adults constructed after the effective date of this section are located to provide state reimbursement to that municipality for the net increased costs that a new state institution imposes on that municipality. Negotiations may commence only upon request of municipal officials and only within 6 months after the net increased costs arise. As used in this section, unless the context otherwise indicates, the following terms have the following meanings:   [PL 1995, c. 560, Pt. K, §28 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
1.  State institution.
"State institution" means those facilities outlined in section 1001, subsection 8.
[PL 1989, c. 591, §4 (NEW).]
2.  Net increased costs.
"Net increased costs" means the costs of those services rendered to the facility by the municipality and the costs of any adverse impact proximately caused by the operation of the facility, subtracted from the fair market value of those services rendered by the facility to the municipality.
[PL 1989, c. 591, §4 (NEW).]
SECTION HISTORY
PL 1989, c. 591, §4 (NEW). PL 1995, c. 560, §K28 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1801. Definitions

§1801. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 316, §2 (NEW).]
1.  Crisis intervention.
"Crisis intervention" means an unplanned and temporary service necessary to alleviate a crisis and preserve the living arrangements of a person who receives services from the department.
[PL 1991, c. 316, §2 (NEW).]
2.  Family support services.
"Family support services" means services that enable a family, which is otherwise eligible to receive services from the department, to maintain and care for its minor or adult member at home. Family support services include but are not limited to the following:
A. Dental and medical care;   [PL 1991, c. 316, §2 (NEW).]
B. Respite care;   [PL 1991, c. 316, §2 (NEW).]
C. Recreation and leisure activities;   [PL 1991, c. 316, §2 (NEW).]
D. Homemaker services;   [PL 1991, c. 316, §2 (NEW).]
E. Transportation;   [PL 1991, c. 316, §2 (NEW).]
F. Personal assistance services;   [PL 1991, c. 316, §2 (NEW).]
G. Home health services;   [PL 1991, c. 316, §2 (NEW).]
H. Therapeutic and nursing services;   [PL 1991, c. 316, §2 (NEW).]
I. Home and vehicle modifications;   [PL 1991, c. 316, §2 (NEW).]
J. Equipment and supplies;   [PL 1991, c. 316, §2 (NEW).]
K. Family counseling services;   [PL 1991, c. 316, §2 (NEW).]
L. Communication services;   [PL 1991, c. 316, §2 (NEW).]
M. Crisis intervention;   [PL 1991, c. 316, §2 (NEW).]
N. Specialized utility costs;   [PL 1991, c. 316, §2 (NEW).]
O. Integrated child care;   [PL 1991, c. 316, §2 (NEW).]
P. Specialized diagnosis and evaluation;   [PL 1991, c. 316, §2 (NEW).]
Q. Specialized nutrition and clothing;   [PL 1991, c. 316, §2 (NEW).]
R. Family education and training;   [PL 1991, c. 316, §2 (NEW).]
S. Service coordination;   [PL 1991, c. 316, §2 (NEW).]
T. Information services;   [PL 1991, c. 316, §2 (NEW).]
U. Assistive technology; and   [PL 1991, c. 316, §2 (NEW).]
V. Permanency planning.   [PL 1991, c. 316, §2 (NEW).]
[PL 1991, c. 316, §2 (NEW).]
3.  Respite care.
"Respite care" means a temporary service that provides a respite to a family in a planned and predictable manner. Respite care may include but is not limited to bringing outside caretakers into the home and bringing a child outside the home for services.
[PL 1991, c. 316, §2 (NEW).]
4.  Service coordination.
"Service coordination" means a lifelong, goal-oriented process for coordination of the range of services needed and wanted by persons with disabilities and their families.
[PL 1991, c. 316, §2 (NEW).]
5.  Therapeutic services.
"Therapeutic services" means occupational, physical, speech and language, respiratory, and vision therapy, counseling and other therapies to increase, maintain or improve the functional capabilities of persons with disabilities.
[PL 1991, c. 316, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 316, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1802. Principles of family support

§1802. Principles of family support
The department shall provide family support services in accordance with the following principles.   [PL 1991, c. 316, §2 (NEW).]
1.  Importance of family setting and home care.
Children, regardless of the type or severity of their disabilities, belong with and do best with families. Accordingly, families should receive whatever support is necessary to care for their family members with disabilities at home.
[PL 1991, c. 316, §2 (NEW).]
2.  Focus on whole family.
Family support must focus on the needs of the entire family.
[PL 1991, c. 316, §2 (NEW).]
3.  Flexibility.
Family needs change over time and family support must be flexible and responsive to the unique needs and strengths of individual families.
[PL 1991, c. 316, §2 (NEW).]
4.  Integration.
Families should be supported to fully integrate their family members with disabilities into education, employment and social settings in their own communities. Support to families must build on social networks and other sources of support that exist in their communities.
[PL 1991, c. 316, §2 (NEW).]
5.  Long-term support.
Family support is needed throughout the life spans of family members with disabilities.
[PL 1991, c. 316, §2 (NEW).]
6.  Family expertise.
Families should be recognized as experts regarding the needs of their members with disabilities. The family should be the primary decision-making unit regarding the support, services and opportunities it needs. Accordingly, families must be included in the planning and implementation of family support systems.
[PL 1991, c. 316, §2 (NEW).]
7.  Family contributions.
Families that have members with disabilities should be recognized for enriching the lives of all citizens through their contributions to the economic health and social fabric of the State.
[PL 1991, c. 316, §2 (NEW).]
8.  Individual needs and aspirations.
People with disabilities have personal needs and preferences to live, work, learn, grow and to have relationships. People with disabilities have abilities, competencies and aspirations and should be supported to pursue their personal desires and reach their fullest potential.
[PL 1991, c. 316, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 316, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1803. Family support policy coordination (REPEALED)

§1803. Family support policy coordination
(REPEALED)
SECTION HISTORY
PL 1991, c. 316, §2 (NEW). PL 1995, c. 560, §K29 (AMD). PL 1999, c. 668, §123 (AMD). PL 1999, c. 731, §L3 (RP). PL 2001, c. 471, §A35 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1804. Regional family support councils (REPEALED)

§1804. Regional family support councils
(REPEALED)
SECTION HISTORY
PL 1991, c. 316, §2 (NEW). PL 1999, c. 668, §124 (RP). PL 1999, c. 731, §L4 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1805. Maine Family Support Council (REPEALED)

§1805. Maine Family Support Council
(REPEALED)
SECTION HISTORY
PL 1991, c. 316, §2 (NEW). PL 1999, c. 668, §124 (RP). PL 1999, c. 731, §L4 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1806. Authority to provide family support services

§1806. Authority to provide family support services
The commissioner may provide family support services directly from the department or through agreements with community agencies. Agreements with community agencies must be in accordance with section 1208, subsections 2 and 3.   [PL 1991, c. 316, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 316, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 5: FAMILY SUPPORT SERVICES › 34-B §1807. Rules

§1807. Rules
The commissioner shall adopt rules in accordance with Title 5, chapter 375 to implement this subchapter.   [PL 1991, c. 316, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 316, §2 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 6: REPORTING ANIMAL CRUELTY, ABUSE OR NEGLECT › 34-B §1901. Animal cruelty, abuse or neglect; reporting

§1901. Animal cruelty, abuse or neglect; reporting
1.  Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Animal" means every living, sentient creature not a human being.   [PL 2007, c. 140, §9 (NEW).]
B. "Cruelty, abuse or neglect" means every act, omission or instance of neglect when unnecessary or unjustifiable pain or suffering is caused or permitted.   [PL 2007, c. 140, §9 (NEW).]
C. "Owner" means a person, firm, partnership, association or corporation owning, keeping or harboring an animal.   [PL 2007, c. 140, §9 (NEW).]
D. "Reasonably suspect" means to hold an objectively reasonable suspicion based upon facts that would cause a reasonable person in a like position to draw on that person’s training or experience to suspect animal cruelty, abuse or neglect.   [PL 2007, c. 140, §9 (NEW).]
[PL 2007, c. 140, §9 (NEW).]
2.  Report.
An employee of a state-funded child or adult protective services agency or other social service agency, including those providing mental health services that are funded or licensed by the department, while acting in the employee’s professional capacity or within the scope of the employee’s employment, who has knowledge of or observes an animal that the employee knows or reasonably suspects has been the victim of cruelty, abuse or neglect may report the known or reasonably suspected animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902.
[PL 2007, c. 140, §9 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
3.  Duty.
Nothing in this section may be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse or neglect.
[PL 2007, c. 140, §9 (NEW).]
4.  Immunity from liability.
A person participating in good faith in reporting under this subchapter is immune from any civil or criminal liability that might otherwise result from these actions, including, but not limited to, any civil or criminal liability that might otherwise arise under state or local laws or rules regarding confidentiality of information.
In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith.
[PL 2007, c. 140, §9 (NEW).]
SECTION HISTORY
PL 2007, c. 140, §9 (NEW). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 1: GENERAL PROVISIONS › Subchapter 7: MENTAL HEALTH HOMICIDE, SUICIDE AND AGGRAVATED ASSAULT REVIEW BOARD › 34-B §1931. Mental Health Homicide, Suicide and Aggravated Assault Review Board (REPEALED)

§1931. Mental Health Homicide, Suicide and Aggravated Assault Review Board
(REPEALED)
SECTION HISTORY
PL 2007, c. 609, §2 (NEW). PL 2017, c. 93, §2 (RP).
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 §1951. Definitions

§1951. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2015, c. 266, §1 (NEW).]
1.  Institution.
"Institution" means a public or private psychiatric institution licensed under Title 22, chapter 404 or 405 to provide psychiatric services that fall under the jurisdiction of the department.
[RR 2015, c. 2, §23 (COR).]
2.  Restraint.
"Restraint" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13.
[PL 2015, c. 266, §1 (NEW).]
3.  Seclusion.
"Seclusion" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13.
[PL 2015, c. 266, §1 (NEW).]
4.  Unit.
"Unit" means a hospital ward or other area used to provide inpatient care.
[PL 2015, c. 266, §1 (NEW).]
SECTION HISTORY
RR 2015, c. 2, §23 (COR). PL 2015, c. 266, §1 (NEW).