Title 34-B, Title 34-B

A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph …

Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in the Mental Health Services - Community Medicaid account may not lapse but must be carried forward to be used for the same purposes. [PL 1995, c. 665, Pt. N, §1 (NEW).]Revisor's Not…

Any money that is identified as net General Fund savings through legislative actions or through departmental administrative actions due to the closure of or diminution of services at a state mental health institution or to lowered administrative costs within the department must b…

The Bridging Rental Assistance Program is established within the department as a transitional housing voucher program. The purpose of the program is to assist persons with mental illness with housing assistance for up to 24 months or until they receive assistance from a housing v…

1. Legislative intent. It is the intent of the Legislature to effectuate the State's commitment to protecting the rights of individuals with serious mental illness, as demonstrated by the successful resolution and dismissal of the Augusta Mental Health Institute Consent Decree, i…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Certified recovery residence" means a residence that is certified pursuant to the requirements established in Title 5, section 20005, subsection 2…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 580, §7 (RPR).] 1. Agency. "Agency" means a person, firm, association or corporation, but does not include the individual or corporate professional pr…

The purpose of this subchapter is to expand community mental health services, encourage participation in a program of community mental health services by persons in local communities, obtain better understanding of the need for those services and secure aid for programs of commun…

The commissioner shall promulgate rules, according to the Maine Administrative Procedure Act, Title 5, chapter 375, relating to the administration of the services authorized by this subchapter and to licensing under this subchapter.

1. Provision of services. The commissioner may provide mental health services throughout the State and for that purpose may cooperate with other state agencies, municipalities, persons, unincorporated associations and nonstock corporations. 2. Funding sources. The commissioner ma…

The department shall establish and oversee community service networks with the collective responsibility to coordinate and ensure continuity of care within the delivery of mental health services to adult mental health consumers under the authority of the department. A network con…

The commissioner shall designate persons to be members to serve on a statewide quality improvement council to advise the commissioner on issues of system implementation that have statewide impact. The commissioner shall appoint such other members to serve on the council as requir…

The department is responsible for providing a safety net of adult mental health services for people with major mental illness who the department or its designee determines can not otherwise be served by the community service networks. The department may develop contracts to deliv…

In order to promote high-quality adult mental health services, the Consumer Council System of Maine, established in Title 5, section 12004‑I, subsection 60‑B and referred to in this section as "the council system," is established to provide an effective, independent consumer voic…

With regard to residential services for persons committed to the custody of the commissioner pursuant to Title 15, chapter 5, 120 days prior to the opening of a residential facility by the department or to signing a contract with a community agency to provide a community-based re…

1. Definitions. As used in this section, unless the context otherwise indicates, "crisis receiving center" means a center that provides immediate and short‑term walk‑in access to an array of both clinical and nonclinical mental health and substance use disorder crisis stabilizati…

1. Definition. As used in this section, unless the context otherwise indicates, "crisis receiving center" means a center that provides immediate and short‑term walk‑in access to an array of both clinical and nonclinical mental health and substance use disorder crisis stabilizatio…

The department shall establish the Crisis Intervention Program to serve Penobscot, Hancock, Piscataquis and Washington Counties. This shall be a community-based program to provide counseling, consultation, evaluation, treatment and referral, education and training services, deliv…

1. Established. A community-based crisis intervention team shall be established to provide crisis intervention on a 24-hour, 7-days-a-week basis to mentally ill people and to provide crisis intervention training for emergency room personnel. 2. Qualifications. The team shall be c…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).] 1. Hospital. 1-A. Designated nonstate mental health institution. "Designated nonstate mental health institution" means a nonstate ment…

The commissioner may: [PL 1983, c. 459, §7 (NEW).] 1. Rules. Adopt such rules, not inconsistent with this subchapter, as the commissioner may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill; 2. Investigation. Investigate, by personal v…

A patient in a psychiatric hospital or residential care facility under this subchapter has the following rights. [PL 2007, c. 319, §5 (AMD).] 1. Civil rights. Every patient is entitled to exercise all civil rights, including, but not limited to, the right to civil service status,…

Any person detained pursuant to this subchapter is entitled to the writ of habeas corpus, upon proper petition by the person or by a friend to any justice generally empowered to issue the writ of habeas corpus in the county in which the person is detained.

1. Unwarranted hospitalization. A person is guilty of causing unwarranted hospitalization if that person willfully causes the unwarranted hospitalization of any person under this subchapter. 2. Denial of rights. A person is guilty of causing a denial of rights if that person will…

A psychiatric hospital may admit on an informal voluntary basis for care and treatment of a mental illness any person desiring admission or the adult ward of a legally appointed guardian, subject to the following conditions. [PL 2007, c. 319, §6 (AMD).] 1. Availability of accommo…

1. Patient's right. A patient admitted under section 3831 is free to leave the psychiatric hospital at any time after admission within 16 hours of the patient's request unless application for admission of the person under section 3863 is initiated within that time. 2. Notice. The…

1. Nonstate mental health institution. The chief administrative officer of a nonstate mental health institution may receive for observation, diagnosis, care and treatment in the institution any person whose admission is applied for under any of the procedures in this subchapter. …

When a person who is hospitalized in a psychiatric hospital under the provisions of this chapter is sentenced to serve a straight term of imprisonment or a split sentence in a county jail, the chief administrative officer of the hospital shall notify the sheriff of the county jai…

1. Law enforcement officer's power. If a law enforcement officer has probable cause to believe that a person may be mentally ill and that due to that condition the person poses a likelihood of serious harm as defined in section 3801, subsection 4‑A, paragraph A, B or C, or if a l…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dangerous weapon" or "weapon" has the same meaning as in Title 17‑A, section 2, subsection 9, paragraph C, including a firearm as defined in Title…

A person may be admitted to a psychiatric hospital on an emergency basis according to the following procedures. [PL 2007, c. 319, §9 (AMD).] 1. Application. Any health officer, law enforcement officer or other person may apply to admit a person to a psychiatric hospital, subject …

1. Application. An application to the District Court to admit a person to a psychiatric hospital, filed under section 3863, subsection 5‑A, must be accompanied by: A. The emergency application under section 3863, subsection 1; [PL 1983, c. 459, §7 (NEW).] B. The accompanying cert…

If a person ordered to be hospitalized under section 3864 is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing that facilities are available and that the person is eligible for care or trea…

1. Admission to psychiatric hospital. Any member of the Armed Forces of the United States who was a resident of the State at the time of the member's induction into the service and who is determined by a federal board of medical officers to have a mental disease not incurred in l…

1. Commissioner's authority. The commissioner may, upon request of a competent authority of the District of Columbia or of a state that is not a member of the Interstate Compact on Mental Health, authorize the transfer of a mentally ill person directly to a state mental health in…

1. To other hospitals. The commissioner may transfer, or authorize the transfer of, a patient from one hospital to another, either inside or outside the State, if the commissioner determines that it would be consistent with the medical or psychiatric needs of the patient to do so…

If any patient committed under section 3864 leaves the grounds of the psychiatric hospital without authorization of the chief administrative officer of the psychiatric hospital or the chief administrative officer's designee, or refuses to return to the psychiatric hospital from a…

1. Authority. The chief administrative officer of a state mental health institute may release an improved patient on convalescent status when the chief administrative officer believes that the release is in the best interest of the patient and that the patient does not pose a lik…

1. Examination. The chief administrative officer of a psychiatric hospital shall, as often as practicable, but no less often than every 30 days, examine or cause to be examined every patient to determine that patient's mental status and need for continuing hospitalization. 2. Con…

1. Application. The superintendent or chief administrative officer of a psychiatric hospital, the commissioner, the director of an ACT team, a medical practitioner, a law enforcement officer or the legal guardian of the patient who is the subject of the application may obtain an …

1. Progressive Treatment Program Fund established. The Progressive Treatment Program Fund, referred to in this section as "the fund," is established as a nonlapsing fund under the administration of the department. 2. Application of fund. The department shall use the money in the …

Notwithstanding any other provision in this subchapter, any medical examination or consultation required or permitted to be conducted under this subchapter may be conducted using telehealth or other similar technologies that enable the medical examination or consultation to be co…

The department shall provide contracted case management services to provide necessary mental health treatment to veterans who are residents of the State. Case management services must include assisting veterans in accessing a range of mental and behavioral health services, which …

The Veterans Mental Health Case Management and Services Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the department. The fund is administered by the department to support the provision of case ma…