Maine Revised Statutes

1. Responsibilities.  The Consumer Advisory Board, as established by the community consent decree, Consumer Advisory Board et al. v. Glover, No. 91-321-P-C (D. Me., September 28, 1994), functions as an independent oversight body that carries out responsibilities pursuant to this section, the consent decree and subsequent agreements approved by the United States District Court for the District of Maine. The Consumer Advisory Board may review alleged abuse, exploitation or neglect or an alleged dehumanizing practice or violation of rights of any person with mental retardation or autism who is a client of the department. The Consumer Advisory Board shall promote the normalization and habilitation of persons with mental retardation or autism.

2. Maine Tort Claims Act.  The Consumer Advisory Board members and staff act as employees of the State, as defined in Title 14, section 8102, subsection 1, when engaged in official duties specified in the consent judgment or this section or assigned by the board.

3. Access to information.  With regard to any institution, facility, agency or other provider serving persons with mental retardation or autism who are clients of the department or when any such person resides or participates in work or in a program in an institution, facility, agency or other provider, the Consumer Advisory Board members and staff must be given direct access to all living, work and program areas and to all living, work and program area records, including, but not limited to, records related to any personal planning process, and must be given access to the personnel, but not personnel records. The chief advocate of the department may release to the Consumer Advisory Board information pertaining to alleged abuse, exploitation or neglect or an alleged dehumanizing practice or violation of rights of a person with mental retardation or autism. The Consumer Advisory Board shall keep any confidential information disclosed to it or discovered by it confidential, as required by section 1207.

4. Repeal.  This section is repealed 120 days after the establishment of the Maine Developmental Services Oversight and Advisory Board.