LD 2150
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LD 2150 Title Page An Act to Ensure Community-based Services for Persons With Mental Retardation o... Page 2 of 49
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LR 2239
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 17-A MRSA §253, sub-§2, ¶J, as enacted by PL 1993, c. 687, §2
and amended by PL 1995, c. 560, Pt. K, §82 and affected by §83,
is further amended to read:

 
J. The actor owns, operates or is an employee of an
organization, program or residence that is operated,
administered, licensed or funded by the Department of Mental
Health, Mental Retardation and Substance Abuse Services or
the Department of Human Services and the other person, not
the actor's spouse, receives services from the organization,
program or residence and the organization, program or
residence recognizes that person as a person with mental
retardation. It is an affirmative defense to prosecution
under this paragraph that the actor receives services for
mental retardation or is a person with mental retardation as
defined in Title 34-B, section 5001 4001, subsection 3 13.

 
Sec. 2. 17-A MRSA §255, sub-§1, ¶I, as amended by PL 1995, c. 104, §5
and c. 560, Pt. K, §82 and affected §83, is further amended to
read:

 
I. The actor owns, operates or is an employee of an
organization, program or residence that is operated,
administered, licensed or funded by the Department of Mental
Health, Mental Retardation and Substance Abuse Services or
the Department of Human Services and the other person, not
the actor's spouse, receives services from the organization,
program or residence and the organization, program or
residence recognizes that person as a person with mental
retardation. It is an affirmative defense to prosecution
under this paragraph that the actor receives services for
mental retardation or is a person with mental retardation as
defined in Title 34-B, section 5001 4001, subsection 3 13;
or

 
Sec. 3. 34-B MRSA §1205, sub-§7, as enacted by PL 1989, c. 7, Pt. N,
§3, is amended to read:

 
7. Protection for advocates. Advocates may not be
disciplined or sanctioned for any actions taken on behalf of
clients. Advocates are authorized to cooperate and share
nonconfidential information with other groups or agencies
providing services to or advocating on behalf of persons with
mental retardation or autism, including but not limited to the
Consumer Advisory Board established pursuant to section 1216.

 
Sec. 4. 34-B MRSA §1216, as amended by PL 1995, c. 560, Pt. K, §§22
and 23, is further amended to read:


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