Chapter 446
S.P. 350 - L.D. 1033
An Act Regarding Involuntary Treatment of Mental Health Patients
Sec. 1. 34-B MRSA §3003, sub-§2, ¶C, as amended by PL 1985, c. 645, §4, is further amended to read:
(1) The primary treating physician may request an order for involuntary treatment of a patient from a clinical review panel;
(2) A clinical review panel that consists of 2 or more professional staff who do not provide direct care to the patient is convened. At least one member of the panel must be a professional licensed to prescribe the medications relevant to the patient's care;
(3) The clinical review panel conducts the review and makes a decision on the request of the primary treating physician within 4 days of the request based on the criteria in section 3864, subsection 7-A, paragraph B;
(4) If the clinical review panel decides to approve the request for involuntary treatment, the panel enters an order of involuntary treatment in the patient's hospital records. An order for involuntary treatment may be made for as long as the period of commitment and pending any appeal; and
(5) At any hearings or meetings pertaining to involuntary treatment, the patient is offered the assistance of a lay advisor, rather than legal counsel;
Sec. 2. 34-B MRSA §3864, sub-§1-A is enacted to read:
Sec. 3. 34-B MRSA §3864, sub-§4, as amended by PL 2007, c. 319, §10, is further amended to read:
(1) Each examiner must be either a licensed physician or a licensed clinical psychologist. When involuntary treatment under subsection 1-A has been requested, one of the examiners must be a professional who is licensed to prescribe medications relevant to the patient's care.
(2) One of the examiners must be a physician or psychologist chosen by the person or by that person's counsel, if the chosen physician or psychologist is reasonably available.
(2-A) If the person under examination or the counsel for that person selects a qualified examiner who is reasonably available, then the court shall choose that examiner as one of the 2 designated by the court.
(3) Neither examiner appointed by the court may be the certifying examiner under section 3863, subsection 2 or 7.
(1) Whether the person is a mentally ill person within the meaning of section 3801, subsection 5;
(2) When the establishment of a progressive treatment plan under section 3873 is at issue, whether a person is suffering from a severe and persistent mental illness within the meaning of section 3801, subsection 8-A;
(3) Whether the person poses a likelihood of serious harm within the meaning of section 3801, subsection 4; and
(4) When involuntary treatment is at issue, whether the need for such treatment meets the criteria of subsection 7-A, paragraphs A and B.
Sec. 4. 34-B MRSA §3864, sub-§7-A is enacted to read:
(1) That the person lacks the capacity to make an informed decision regarding treatment;
(2) That the person is unable or unwilling to comply with recommended treatment;
(3) That the need for the treatment outweighs the risks and side effects; and
(4) That the recommended treatment is the least intrusive appropriate treatment option.
Alternatively, the court may appoint a surrogate to make treatment decisions on the person's behalf for the duration of the commitment if the court is satisfied that the surrogate is suitable, willing and reasonably available to act in the person's best interests.
(1) That a failure to treat the illness is likely to produce lasting or irreparable harm to the person; or
(2) That without the recommended treatment the person's illness or involuntary commitment may be significantly extended without addressing the symptoms that cause the person to pose a likelihood of serious harm.
Sec. 5. Commissioner to adopt rules. The Commissioner of Health and Human Services shall adopt rules to implement the Maine Revised Statutes, Title 34-B, section 3003, subsection 2, paragraph C, subparagraphs 1 to 5 no later than January 1, 2008 for use beginning on that date. The rules must include amendment of Rule 14-198 Chapter 1: "Rights of Recipients of Mental Health Services." Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A and are not subject to the provisions of Title 34-B, section 3003, subsection 4.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative 0063
Initiative: Provides funds for additional physician services related to certain involuntary treatment examinations.
| GENERAL FUND | 2007-08 | 2008-09 |
|
All Other
|
$40,000 | $40,000 |
 |
|
|
| GENERAL FUND TOTAL | $40,000 | $40,000 |
Sec. 7. Effective date. Those sections of this Act that enact the Maine Revised Statutes, Title 34-B, section 3864, subsections 1-A and 7-A and amend section 3003, subsection 2, paragraph C and section 3864, subsection 4 take effect January 1, 2008.