Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-VI - ASSISTANCE IN THE PROTECTION OF RIGHTS

Current through 2024-29, July 17, 2024
A.
				  Recipients have the right to assistance in the protection of their
				  rights.
B. Recipient
				  Representative. Each agency, facility or program shall inform all recipients of
				  their right to name a representative, including a peer representative, to aid
				  them in the protection of their rights. Aid may include one or more of the
				  following activities: assistance in the formulation and processing of a
				  grievance; participation in the informal or formal development and revision of
				  an ISP, individualized service or treatment plan or hospital treatment and
				  discharge plan; or any other type of representative assistance activity
				  referenced in these rules. The provision of aid by a designated representative
				  shall be governed by this section and by other relevant sections of these
				  rules.
1. Designation in writing. If the
				  recipient or his or her guardian desires a representative for the recipient,
				  the person desiring a representative for the recipient shall designate, in
				  writing, a person to aid the recipient in upholding his or her
				  rights.
2. Time for designation.
				  The recipient or his or her guardian may designate a representative at any
				  time.
3. Change in representative.
				  Provision shall be made for change of representative should the recipient so
				  desire, or if the recipient is placed under guardianship, should the guardian
				  so desire.
4. Representative's
				  physical access. The representative shall have reasonable access to all living
				  and program areas and to staff involved in the treatment of the recipient in
				  order to assist the recipient in the protection of his or her rights.
5. Confidentiality. The representative may
				  obtain access to confidential information as defined under 34-B M.R.S.A.
				  §1207 concerning the recipient by obtaining the appropriate party's
				  written informed consent to disclosure under Section IX of these
				  rules.
6. Communication. A
				  recipient shall have access, at any reasonable time, to a telephone to contact
				  his or her representative.
7.
				  Involvement in ISP and Service or Treatment and Discharge Planning.
a. The recipient representative shall be
				  given 10 days written notice of ISP meetings unless the recipient directs that
				  the representative not be invited. The recipient's involvement may include,
				  without limitation, participation in service or treatment planning meetings, or
				  discharge planning meetings. When the meeting is being convened to address an
				  emergency notice reasonable for the circumstances shall be given.
b. The representative shall be notified when
				  the recipient is determined to lack clinical capacity pursuant to Section V,
				  Part B (Inpatient and Residential Settings) or Section IV, Part C (Outpatient
				  Settings) of these rules.
c. The
				  representative shall receive, upon the recipient's authorization, a copy of
				  prescribed medication, dosage levels, schedules and side-effects and a copy of
				  the aftercare plan upon the discharge of the recipient.