| | | A person who 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 | | department or the Department of Human Services may not engage in | | a sexual act, as defined in Title 17-A, section 251, subsection | | 1, paragraph C, with another person or subject another person to | | sexual contact, as defined in Title 17-A, section 251, subsection | | 1, paragraph D, if the other person, not the actor's spouse, is a | | person with mental retardation or autism who receives | therapeutic, residential or habilitative | | from the organization, program or residence. |
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| | | Sec. 12. 34-B MRSA §5201, as amended by PL 1995, c. 560, Pt. K, §47 | | and affected by §83, is further amended to read: |
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| | | The Department of Mental Health, Mental Retardation and | | Substance Abuse Services is responsible for: |
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| | | 1. Institutional programs. The supervision of adult mental | | retardation and autism programs in the state institutions; |
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| | | 2. Statewide system. The planning, promotion, coordination | | and development of a complete and integrated statewide system of | services for persons with mental retardation services for adults | | or autism; |
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| | | 3. Liaison. Serving as liaison, coordinator and consultant | | to the several state departments in order to develop the | | statewide system of mental retardation and autism services; |
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| | | 4. Community-based services. Ensuring that adults with | | mental retardation or autism residing in community residential | | facilities, including nursing homes, boarding homes, foster | | homes, group homes or halfway houses licensed by the Department | | of Human Services are provided, insofar as possible, with | | residential accommodations and access to habilitation services | | appropriate to their needs; and |
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| | | 4-A.__Quality improvement plan and management information | | system.__Development and utilization of a comprehensive quality | | improvement plan and management information system in order to | | provide substantive information necessary for planning, budget | | development, program development and resource allocation. |
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| | | 5. Protective and supportive services. Providing protective | | and supportive services, in accordance with section |
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