Title 34-B, Title 34-B

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Agreement" means a legally binding document between 2 parties, including documents commonly referred to as accepted application, proposal, prospec…

1. Establishment and membership. The Commissioner of Health and Human Services shall establish a State Forensic Service and appoint its members. Members must be psychiatrists and licensed clinical psychologists experienced in forensic service and may not be directly involved in t…

The department shall establish and maintain a nonlapsing revolving fund to provide interim assistance payments to Supplemental Security Income recipients: [PL 1989, c. 502, Pt. B, §45 (NEW).] 1. Benefits for hospitalization. Whose benefits have been terminated while they were hos…

It is the intent of the Legislature that the principles of the consent decree issued on August 2, 1990 by the Superior Court, Kennebec County, in Civil Action Docket No. 89-88 as they relate to the development of a comprehensive mental health system apply to all persons with seve…

1. Mental health services. The department shall provide accommodations and services for persons who are deaf or hard-of-hearing in order to provide access to mental health programs funded or licensed by the department. These accommodations must include, but are not limited to, th…

The Baxter Counseling Services Program, referred to in this section as "the program," is established within the department to facilitate the delivery of therapeutic counseling services for eligible former students of the Maine School for the Deaf or the Governor Baxter School for…

1. Development of state strategy. The department shall develop a comprehensive state strategy for preventing the inappropriate incarceration of seriously mentally ill individuals and for diverting those individuals away from the criminal justice system. This strategy must be deve…

The department shall designate at least one individual within each of the 7 areas described in section 3608, subsection 1‑A to act as liaison to the District Courts and Superior Courts of the State and to the Department of Corrections in its administration of probation and parole…

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 annual…

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 ja…

1. Composition. The Maine Developmental Services Oversight and Advisory Board, as established by Title 5, section 12004‑J, subsection 15 and referred to in this section as "the board," consists of 15 members appointed by the Governor from a list of nominees proposed by the board …

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 licen…

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 informatio…

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,…

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 Servi…

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…

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 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 Psych…

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. 2. Duties. The department shall: A. Supervise clients who …

1. Contract actions. Actions founded on any contract made with the Chief Procurement Officer, or with any official of the department under the authority granted by the Chief Procurement Officer, on behalf of any of the state institutions may be brought by the official making the …

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 situat…

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…

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.

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 super…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Care and treatment" includes all goods and services provided, or caused to be provided, to a resident by the State. [PL 1983, c. 459, §7 (NEW).] B…

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…

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…

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 phys…

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 …

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 Ad…

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 t…

Any property abandoned or unclaimed by a resident of a state institution must be disposed of according to Title 33, chapter 45.

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 immediat…

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.

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 ne…

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 th…

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.…

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.

The commissioner shall adopt rules in accordance with Title 5, chapter 375 to implement this subchapter.

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, o…

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…

1. Quarterly reporting by institution. An institution shall submit for each calendar quarter a report to the commissioner that includes for that institution, organized by unit: A. The hours of restraint for each 1,000 patient hours; [PL 2015, c. 266, §1 (NEW).] B. The hours of se…

All institutions must develop a policy for a debriefing of a client who was the subject of restraint or seclusion. The policy may not prevent a legally responsible parent, guardian or designated representative from attending the debriefing.

The Department of Health and Human Services is responsible for the direction of the mental health programs in the state institutions and for the promotion and guidance of mental health programs within the communities of the State.

1. Promulgation. The commissioner shall adopt rules, subject to the Maine Administrative Procedure Act, Title 5, chapter 375, for the enhancement and protection of the rights of clients receiving services from the department, from any hospital pursuant to subchapter IV or from an…

1. Definition. As used in this section, unless the context otherwise indicates, the term "community support system" means the entire complex of mental health, rehabilitative, residential and other support services in the community to ensure community integration and the maintenan…