An Act To Clarify Involuntary Admissions for Psychiatric Hospitalizations
Sec. 1. 34-B MRSA §3801, sub-§1, as enacted by PL 1983, c. 459, §7, is repealed.
Sec. 2. 34-B MRSA §3801, sub-§7, as enacted by PL 1983, c. 459, §7, is amended to read:
Sec. 3. 34-B MRSA §3801, sub-§7-B is enacted to read:
Sec. 4. 34-B MRSA §3802, sub-§3, as enacted by PL 1983, c. 459, §7, is amended to read:
Sec. 5. 34-B MRSA §3803, as enacted by PL 1983, c. 459, §7, is amended to read:
§ 3803. Patient's rights
A patient in a psychiatric hospital or residential care facility under this subchapter has the following rights.
Sec. 6. 34-B MRSA §3831, as amended by PL 1999, c. 423, §3, is further amended to read:
§ 3831. Admission
A psychiatric hospital for the mentally ill may admit on an informal voluntary basis for care and treatment of a mental illness any person desiring admission or the adult ward of a legally appointed guardian, subject to the following conditions.
This subsection does not create an affirmative obligation of a psychiatric hospital to admit a person consistent with the person's advance health care directive. This subsection does not create an affirmative obligation on the part of the psychiatric hospital or treatment provider to provide the treatment consented to in the person's advance health care directive if the physician or psychologist evaluating or treating the person or the chief administrative officer of the psychiatric hospital determines that the treatment is not in the best interest of the person.
Sec. 7. 34-B MRSA §3832, as amended by PL 2005, c. 519, Pt. BBBB, §4 and affected by §20, is further amended to read:
§ 3832. Freedom to leave
Sec. 8. 34-B MRSA §3861, sub-§2, as amended by PL 1997, c. 422, §5, is further amended to read:
Any business entity contracting with the department for psychiatric physician services or any person contracting with a state mental health institute or the department to provide services pertaining to the admission, treatment or discharge of patients under sections 3863 and 3864 within a state mental health institute or any person contracting with a business entity to provide those services within a state mental health institute is deemed to be a governmental entity or an employee of a governmental entity for purposes of civil liability under the Maine Tort Claims Act, Title 14, chapter 741, with respect to the admission, treatment or discharge of patients within a state mental health institute under sections 3863 and 3864.
Sec. 9. 34-B MRSA §3863, as amended by PL 2005, c. 519, Pt. BBBB, §§5 to 8 and affected by §20, is further amended to read:
§ 3863. Emergency procedure
A person may be admitted to a mental psychiatric hospital on an emergency basis according to the following procedures.
As part of an agreement the law enforcement officer requesting certification may transfer protective custody of the person for whom the certification is requested to another law enforcement officer, a health officer if that officer agrees or the chief administrative officer of a public or private health practitioner or health facility or the chief administrative officer's designee. Any arrangement of this sort must be part of the written agreement between the law enforcement agency and the health practitioner or health care facility. In the event of a transfer, the law enforcement officer seeking the transfer shall provide the written application required by this section.
A person with mental illness may not be detained or confined in any jail or local correctional or detention facility, whether pursuant to the procedures described in section 3862, pursuant to a custody agreement , or under any other circumstances, unless that person is being lawfully detained in relation to or is serving a sentence for commission of a crime.
(1) For a person informally admitted under section 3831, the chief administrative officer of the psychiatric hospital undertakes to secure the endorsement immediately upon execution of the certificate by the examiner; and
(2) For a person sought to be involuntarily admitted under this section, the person or persons transporting the person sought to be involuntarily admitted to the hospital seeking the involuntary admission undertake to secure the endorsement immediately upon execution of the certificate by the examiner.
(1) The application must be made to the District Court having territorial jurisdiction over the psychiatric hospital to which the person was admitted on an emergency basis.
(2) The application must be filed within 3 days from the date of admission of the patient under this section, except that, if the 3rd day falls on a weekend or holiday, the application must be filed on the next business day following that weekend or holiday.
If the chief administrative officer has reason to believe that notice to any individual in paragraphs A to E would pose risk of harm to the person admitted, then notice may not be given to that individual.
Sec. 10. 34-B MRSA §3864, as amended by PL 2005, c. 519, Pt. BBBB, §§9 and 10 and affected by §20, is further amended to read:
§ 3864. Judicial procedure and commitment
(1) The physician or psychologist has examined the patient; and
(2) It is the opinion of the physician or psychologist that the patient is a mentally ill person and, because of that patient's illness, poses a likelihood of serious harm;
(1) To be mailed within 2 days of filing to the person; and
(2) To be mailed to the person's guardian, if known, and to the person's spouse, parent or one of the person's adult children or, if none of these persons exist or if none of those persons can be located, to one of the person's next of kin or a friend, except that if the chief administrative officer has reason to believe that notice to any of these individuals would pose risk of harm to the person who is the subject of the application, notice to that individual may not be given.
(1) Each examiner must be either a licensed physician or a licensed clinical psychologist.
(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.
(3) Neither examiner appointed by the court may be the certifying examiner under section 3863, subsection 2 or 7.
(1) On a motion by any party, the hearing may be continued for cause for a period not to exceed 10 additional days.
(2) If the hearing is not held within the time specified, or within the specified continuance period, the court shall dismiss the application and order the person discharged forthwith.
(3) In computing the time periods set forth in this paragraph, the Maine Rules of Civil Procedure apply.
(1) The person, the applicant and all other persons to whom notice is required to be sent shall must be afforded an opportunity to appear at the hearing to testify and to present and cross-examine witnesses.
(2) The court may, in its discretion, receive the testimony of any other person and may subpoena any witness.
(1) By evidence of the patient's recent actions and behavior, that due to the patient's mental illness the patient poses a likelihood of serious harm; and
(2) That, after full consideration of less restrictive treatment settings and modalities, inpatient hospitalization is the best available means for the treatment of the person.
(1) The record and all notes, exhibits and other evidence shall be are confidential.
(2) The record and all notes, exhibits and other evidence shall must be retained as part of the District Court records for a period of 2 years from the date of the hearing.
(1) Clear and convincing evidence that the person is mentally ill and that the person's recent actions and behavior demonstrate that the person's illness poses a likelihood of serious harm;
(2) That inpatient hospitalization is the best available means for treatment of the patient; and
(3) That it is satisfied with the individual treatment plan offered by the psychiatric hospital to which the applicant seeks the patient's involuntary commitment.
Sec. 11. 34-B MRSA §3865, as enacted by PL 1983, c. 459, §7, is amended to read:
§ 3865. Hospitalization by federal agency
If a person ordered to be hospitalized under section 3864 is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing that facilities are available and that the person is eligible for care or treatment in the facilities, may order him the person to be placed in the custody of the agency for hospitalization.
Sec. 12. 34-B MRSA §3866, as enacted by PL 1983, c. 459, §7, is amended to read:
§ 3866. Members of the Armed Forces
Sec. 13. 34-B MRSA §3867, as amended by PL 1997, c. 422, §20, is further amended to read:
§ 3867. Transfer from out-of-state institutions
Sec. 14. 34-B MRSA §3868, as amended by PL 1997, c. 422, §21, is further amended to read:
§ 3868. Transfer to other institutions
Sec. 15. 34-B MRSA §3869, as enacted by PL 1983, c. 459, §7, is amended to read:
§ 3869. Return from unauthorized absence
If any patient committed under section 3864 leaves the grounds of the psychiatric hospital without authorization of the chief administrative officer of the psychiatric hospital or his the chief administrative officer's designee, or refuses to return to the psychiatric hospital from a community pass when requested to do so by the chief administrative officer or his the chief administrative officer's designee, law enforcement personnel of the State or of any of its subdivisions may, upon request of the chief administrative officer or his the chief administrative officer's designee, assist in the return of the patient to the psychiatric hospital.
Sec. 16. 34-B MRSA §3870, as amended by PL 2005, c. 519, Pt. BBBB, §§11 and 12 and affected by §20, is further amended to read:
§ 3870. Convalescent status
(1) The parent or guardian of a minor patient;
(2) The legal guardian of an adult incompetent patient, if any is known; or
(3) The spouse or adult next of kin of an adult competent patient, if any is known, unless the patient requests in writing that the notice not be given.
If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose risk of harm to the person patient, then notice may not be given to that individual.
(1) An order is issued pursuant to paragraph A;
(2) The order is brought before a District Court Judge or justice of the peace; and
(3) Based upon clear and convincing evidence that return to the psychiatric hospital is in the patient's best interest or that the patient poses a likelihood of serious harm, the District Court Judge or justice of the peace approves return to the psychiatric hospital.
After approval by the District Court Judge or justice of the peace, a law enforcement officer may take the patient into custody and arrange for transportation of the patient in accordance with the provisions of section 3863, subsection 4.
This paragraph does not preclude the use of protective custody by law enforcement officers pursuant to section 3862.
(1) The parent or guardian of a minor patient;
(2) The guardian of an adult incompetent patient, if any is known; or
(3) The spouse or adult next of kin of an adult competent patient, unless the patient requests in writing that the notice not be given.
If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose risk of harm to the person, then notice may not be given to that individual.
Sec. 17. 34-B MRSA §3871, as amended by PL 2005, c. 519, Pt. BBBB, §13 and affected by §20, is further amended to read:
§ 3871. Discharge
(1) The parent or guardian of a minor patient;
(2) The guardian of an adult incompetent patient, if any is known; or
(3) The spouse or adult next of kin of an adult competent patient, if any is known, unless the patient requests in writing that the notice not be given or unless the patient was transferred from or will be returned to a state correctional facility.
If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose a risk of harm to the person, then notice may not be given to that individual.