Title 34-B, §3873: Progressive treatment program

1. Program established. The department shall establish the progressive treatment program to provide care for persons who meet the criteria of subsection 2.

[ 2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF) .]

2. Criteria for participation. The following criteria apply to participation in the progressive treatment program.

A. Participation in the program must be ordered by the District Court in accordance with this paragraph.

(1) The superintendent of a state mental health institute may file an application for an order of admission to the progressive treatment program with the District Court.

(2) The procedures for commitment under section 3864 apply, except that an order of admission to the progressive treatment program requires the following:

(a) A finding that the person meets the criteria of paragraph B;

(b) A finding that an assertive community treatment team is available to provide treatment and care for the person; and

(c) A provision in the order that requires the person to return to the state mental health institute pursuant to subsection 5 in the event of failure to fully participate and deterioration of the person's mental health so that hospitalization is in the person's best interest and the person poses a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D. [2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF).]

B. The person must:

(1) Be 18 years of age or older;

(2) Have been clinically determined to be suffering from a severe and persistent mental illness;

(3) Have been under an order of involuntary commitment to a state mental health institute at the time of filing of the application for progressive treatment; and

(4) Have been clinically determined to be in need of the progressive treatment program in order to prevent interruptions in treatment, relapse and deterioration of mental health and to enable the person to survive safely in a community setting in the reasonably foreseeable future without posing a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D. A determination under this subparagraph must be based on current behavior, treatment history, documented history of positive responses to treatment while hospitalized, relapse and deterioration of mental health after discharge and inability to make informed decisions regarding treatment. [2009, c. 321, §1 (AMD).]

[ 2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF); 2009, c. 321, §1 (AMD) .]

3. Duration of participation. Except as provided in subsections 4 and 5, participation in the progressive treatment program must be for an initial period of 6 months or an extension of participation of 6 months. The District Court may not order participation in the progressive treatment program for longer than 12 months consecutively. Participation ends if a person successfully completes the program in accordance with subsection 4 or is hospitalized pursuant to a court order entered under subsection 5. Participation in the program is temporarily suspended if the person is voluntarily rehospitalized and recommences upon discharge from the hospital.

[ 2009, c. 321, §2 (AMD) .]

3-A. Extension of participation. Prior to the end of the initial period of participation under subsection 3, the District Court may order an extension of participation for 6 months for a person who is eligible under this subsection.

A. A person is eligible for an extension of participation if the person is a participant in the progressive treatment program and meets the requirements of subsection 2, paragraph B, subparagraphs (1), (2) and (4). [2009, c. 321, §3 (NEW).]

B. The assertive community treatment team providing treatment and care for the person shall determine whether the person is eligible for an extension of participation and whether an extension of participation is in the best interest of the person and shall complete a certificate stating those conclusions if they are in the affirmative and the basis for the conclusions. [2009, c. 321, §3 (NEW).]

C. A physician, psychologist, certified psychiatric nurse specialist or nurse practitioner who is a member of the assertive community treatment team shall file with the District Court:

(1) The certificate completed under paragraph B;

(2) An application for an extension of participation; and

(3) A written statement certifying that a copy of the application and certificate under paragraph B have been given personally to the person and that the person has been notified of the right to retain an attorney or to have an attorney appointed. [2009, c. 321, §3 (NEW).]

D. The following procedures apply when an application for an extension of participation has been filed under paragraph C:

(1) The assertive community treatment team shall give notice personally to the person, including a copy of the certificate completed under paragraph B; and

(2) The person must be afforded an opportunity to be represented by counsel, and if neither the person nor others provide counsel, the court shall appoint counsel for the person. [2009, c. 321, §3 (NEW).]

E. The District Court shall:

(1) Provide notice in accordance with section 3864, subsection 3;

(2) Provide notice to the person of the right to counsel, including the right to court-appointed counsel, and if neither the person nor others have provided counsel, the court shall appoint counsel for the person;

(3) Provide notice to the person of the right to select an examiner for the mental health examination under subparagraph (4);

(4) Provide a mental health examination by 2 examiners, each of whom must be a licensed physician or a licensed clinical psychologist, in accordance with section 3864, subsection 4, paragraph A, subparagraph 2-A;

(5) Hold a hearing in accordance with section 3864, subsection 5, paragraphs A, C, G and H;

(6) Make a determination of whether the person is eligible for an extension of participation and whether an extension of participation is in the best interest of the person, based on findings stated in the record; and

(7) If the District Court finds that the person is eligible for an extension of participation and that an extension of participation is in the best interest of the person, the District Court shall enter an order extending participation for 6 months. If the District Court finds that the person is not eligible for an extension of participation or that an extension of participation is not in the best interest of the person, the District Court shall dismiss the application. [2009, c. 321, §3 (NEW).]

F. The provisions of section 3864, subsections 10 and 11 apply to expenses and the right of appeal. [2009, c. 321, §3 (NEW).]

[ 2009, c. 321, §3 (NEW) .]

4. Successful completion. A person who fully participates in the program and who follows the individualized treatment plan successfully completes the program upon expiration of 6 months or the 6-month period of extension ordered by the court under subsection 3-A or upon certification by the assertive community treatment team physician or psychologist that the person is no longer in need of the services of the program.

[ 2009, c. 321, §4 (AMD) .]

5. Termination of participation. Failure of a person to fully participate in the program and follow the individualized treatment plan may result in termination of participation in the program and rehospitalization under this subsection.

A. If the person does not fully participate in the program and follow the individualized treatment plan and if the assertive community treatment team physician , psychologist, certified psychiatric clinical nurse specialist or nurse practitioner determines, based on clinical findings, that as a result of failure to fully participate or follow the individualized treatment plan the person's mental health has deteriorated so that hospitalization is in the person's best interest and the person poses a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D, the assertive community treatment team physician , psychologist, certified psychiatric clinical nurse specialist or nurse practitioner shall complete a certificate stating that the person requires hospitalization and the grounds for that belief. The person may agree to hospitalization or may be subject to an application for readmission under paragraph B. [2009, c. 276, §2 (AMD).]

B. A person who participates in the progressive treatment program may be rehospitalized on an emergency basis under the provisions of section 3863 if the judicial officer reviewing the certificate under section 3863, subsection 3 finds that rehospitalization is in the person's best interest and that the person poses a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D. This paragraph does not preclude the use of protective custody by law enforcement officers pursuant to section 3862. [2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF).]

C. A person who participates in the progressive treatment program may be committed under section 3864 if the court reviewing the application finds that hospitalization is in the person's best interest and that the person poses a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D. [2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF).]

D. If the person has an advance directive or durable power of attorney or a guardian, the advance directive may be admitted into evidence and the attorney in fact or guardian may provide testimony and evidence to the court in any proceeding under this subsection. The court shall consider but is not required to follow any directions within the advance directive or durable power of attorney document or testimony from the attorney or guardian. [2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF).]

[ 2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF); 2009, c. 276, §2 (AMD) .]

6. Repeal. This section is repealed July 1, 2010.

[ 2005, c. 519, Pt. BBBB, §14 (NEW); 2005, c. 519, Pt. BBBB, §20 (AFF) .]

Maine Revised Statutes

§3873. Progressive treatment program

Data for this page extracted on 10/14/2009 10:54:28.