LD 1941
pg. 3
Page 2 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 4 of 15
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LR 1459
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be made under section 20045-A only if the certifying
examination conducted pursuant to section 20045-B is completed
no more than 3 days before the date of admission.

 
B.__The treatment facility, a person contracting with the
treatment facility and any of its employees when admitting,
treating or discharging a patient under sections 20045-A,
20045-B and 20045-D under a contract with the office are
deemed to be a governmental entity or an employee of a
governmental entity under Title 14, chapter 741.

 
C.__Before contracting with and approving the admission of
involuntary patients to an approved treatment facility, the
office shall require the treatment facility to:

 
(1) Comply with all applicable licensing regulations;

 
(2) Demonstrate the ability of the treatment facility
to comply with judicial decrees as those decrees relate
to services already being provided by the treatment
facility; and

 
(3) Coordinate and integrate care with other community-
based services.

 
Sec. 4. 5 MRSA §20044, as amended by PL 1991, c. 601, §20, is
further amended to read:

 
§20044. Voluntary treatment of alcoholics, chemically

 
dependent persons, drug abusers, drug addicts,

 
drug-dependent persons, incapacitated persons and

 
intoxicated persons

 
1. Voluntary treatment. An alcoholic, chemically dependent
person, drug abuser, drug addict or, drug-dependent person,
incapacitated person or intoxicated person may apply for
voluntary treatment directly to an approved treatment facility.

 
2. Determination. A person who comes voluntarily or is
brought to an approved treatment facility for residential
inpatient care and treatment must be examined immediately by a
licensed physician. That person may then be admitted or referred
to another health facility based upon the physician's
recommendation. Subject to rules adopted by the office, the
administrator in charge of an approved treatment facility may
determine who may be admitted for treatment. If a person is
refused admission to an approved treatment facility, the
administrator, subject to rules adopted by the office, shall
refer the person to another approved treatment facility for
treatment if possible and appropriate.


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