Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 3: MENTAL HEALTH
Subchapter 4: HOSPITALIZATION
Article 1: GENERAL PROVISIONS
§3801. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1983, c. 459, §7 (NEW).]
1.Hospital.
[
2007, c. 319, §1 (RP)
.]
1-A.Designated nonstate mental health institution. "Designated nonstate mental health institution" means a nonstate mental health institution that is under contract with the
department for receipt by the hospital of involuntary patients.
[
1995, c. 496, §1 (NEW)
.]
1-B.Least restrictive form of transportation. "Least restrictive form of transportation" means the vehicle used for transportation and any restraining devices that may
be used during transportation that impose the least amount of restriction, taking into consideration the stigmatizing impact
upon the individual being transported.
[
1997, c. 422, §4 (NEW)
.]
2.Licensed physician. "Licensed physician" means a person licensed under the laws of the State to practice medicine or osteopathy or a medical
officer of the Federal Government while in this State in the performance of his official duties.
[
1983, c. 459, §7 (NEW)
.]
3.Licensed clinical psychologist. "Licensed clinical psychologist" means a person licensed under the laws of the State as a psychologist and who practices
clinical psychology.
[
1983, c. 459, §7 (NEW)
.]
4.Likelihood of serious harm. "Likelihood of serious harm" means:
A. A substantial risk of physical harm to the person himself as manifested by evidence of recent threats of, or attempts at,
suicide or serious bodily harm to himself and, after consideration of less restrictive treatment settings and modalities,
a determination that community resources for his care and treatment are unavailable; [1983, c. 459, §7 (NEW).]
B. A substantial risk of physical harm to other persons as manifested by recent evidence of homicidal or other violent behavior
or recent evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them and, after
consideration of less restrictive treatment settings and modalities, a determination that community resources for the person's
care and treatment are unavailable; [2005, c. 519, Pt. BBBB, §1 (AMD); 2005, c. 519, Pt. BBBB, §20 (AFF).]
C. A reasonable certainty that severe physical or mental impairment or injury will result to the person alleged to be mentally
ill as manifested by recent evidence of the person's actions or behavior that demonstrates the person's inability to avoid
or protect the person from such impairment or injury, and, after consideration of less restrictive treatment settings and
modalities, a determination that suitable community resources for the person's care are unavailable; or [2005, c. 519, Pt. BBBB, §1 (AMD); 2005, c. 519, Pt. BBBB, §20 (AFF).]
D. For the purposes of section 3873, subsection 5, in view of the person's treatment history, current behavior and inability
to make an informed decision, a reasonable likelihood that deterioration of the person's mental health will occur and that
the person will in the foreseeable future pose:
(1) A substantial risk of physical harm to the person as manifested by evidence of recent threats of, or attempts at, suicide
or serious bodily harm;
(2) A substantial risk of physical harm to other persons as manifested by recent evidence of homicidal or other violent behavior
or recent evidence that others are placed in reasonable fear of violent behavior and serious physical harm to themselves;
or
(3) A substantial risk of severe physical or mental impairment or injury to the person as manifested by recent evidence
of actions or behavior that demonstrates the person's inability to avoid or protect the person from such impairment or injury. [2005, c. 519, Pt. BBBB, §2 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF).]
[
2005, c. 519, Pt. BBBB, §§1, 2 (AMD);
2005, c. 519, Pt. BBBB, §20 (AFF)
.]
5.Mentally ill person. "Mentally ill person" means a person having a psychiatric or other disease which substantially impairs his mental health,
including persons suffering from the effects of the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol,
but not including mentally retarded or sociopathic persons.
[
1983, c. 459, §7 (NEW)
.]
6.Nonstate mental health institution. "Nonstate mental health institution" means a public institution, a private institution or a mental health center, which
is administered by an entity other than the State and which is equipped to provide inpatient care and treatment for the mentally
ill.
[
1983, c. 459, §7 (NEW)
.]
7.Patient. "Patient" means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter or a person being evaluated for emergency admission under section 3863 in a hospital emergency department.
[
2007, c. 319, §2 (AMD)
.]
7-A.Progressive treatment program. "Progressive treatment program" or "program" means a program of court-ordered services provided to participants under section
3873.
[
2005, c. 519, Pt. BBBB, §3 (NEW);
2005, c. 519, Pt. BBBB, §20 (AFF)
.]
A. A state mental health institute; or [2007, c. 319, §3 (NEW).]
B. A nonstate mental health institution. [2007, c. 319, §3 (NEW).]
[
2007, c. 319, §3 (NEW)
.]
8.Residential care facility. "Residential care facility" means a licensed or approved boarding care, nursing care or foster care facility which supplies
supportive residential care to individuals due to their mental illness.
[
1983, c. 459, §7 (NEW)
.]
8-A.Severe and persistent mental illness. "Severe and persistent mental illness" means a diagnosis of one or more qualifying mental illnesses or disorders plus a
listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for
at least one year as a result of that disease or disorder. The qualifying mental illnesses or disorders are schizophrenia,
schizoaffective disorder or other psychotic disorder, major depressive disorder, bipolar disorder or a combination of mental
disorders sufficiently disabling to meet the criteria of functional disability. The listed disabilities or functional impairments,
which must result from a diagnosed qualifying mental illness or disorder, include inability to adequately manage one's own
finances, inability to perform activities of daily living and inability to behave in ways that do not bring the attention
of law enforcement for dangerous acts or for acts that manifest the person's inability to protect the person from harm.
[
2005, c. 519, Pt. BBBB, §3 (NEW);
2005, c. 519, Pt. BBBB, §20 (AFF)
.]
9.State mental health institute. "State mental health institute" means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center.
[
1983, c. 459, §7 (NEW);
2005, c. 236, §§3, 4 (REV)
.]
10.Inability to make an informed decision. "Inability to make an informed decision" means being unable to make a responsible decision whether to accept or refuse a
recommended treatment as a result of lack of mental capacity to understand sufficiently the benefits and risks of the treatment
after a thorough and informative explanation has been given by a qualified mental health professional.
[
2005, c. 519, Pt. BBBB, §3 (NEW);
2005, c. 519, Pt. BBBB, §20 (AFF)
.]
11.Assertive community treatment. "Assertive community treatment" or "ACT" means a self-contained service with a fixed point of responsibility for providing
treatment, rehabilitation and support services to persons with mental illness for whom other community-based treatment approaches
have been unsuccessful. Assertive community treatment uses clinical and rehabilitative staff to address symptom stability;
relapse prevention; maintenance of safe, affordable housing in normative settings that promote well-being; establishment of
natural support networks to combat isolation and withdrawal; the minimizing of involvement with the criminal justice system;
individual recovery education; and services to enable the person to function at a work site. Assertive community treatment
is provided by multidisciplinary teams who are on duty 24 hours per day, 7 days per week; teams must include a psychiatrist,
registered nurse, certified rehabilitation counselor or certified employment specialist, a peer recovery specialist and a
substance abuse counselor and may include an occupational therapist, community-based mental health rehabilitation technician,
psychologist, licensed clinical social worker or licensed clinical professional counselor. An ACT team member who is a state
employee is, while in good faith performing a function as a member of an ACT team, performing a discretionary function within
the meaning of Title 14, section 8104-B, subsection 3.
[
2005, c. 519, Pt. BBBB, §3 (NEW);
2005, c. 519, Pt. BBBB, §20 (AFF)
.]
SECTION HISTORY
1983, c. 459, §7 (NEW).
1995, c. 496, §1 (AMD).
1997, c. 422, §4 (AMD).
2005, c. 519, §§BBBB1-3 (AMD).
2005, c. 519, §BBBB20 (AFF).
2005, c. 236, §§3,4 (REV).
2007, c. 319, §§1-3 (AMD).
Data for this page extracted on 10/14/2009 10:54:28.