3. Developmental disability. "Developmental disability" means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:

A. Is manifested before the person reaches 22 years of age;

B. Is likely to continue indefinitely;

C. Results in substantial functional limitations in 3 or more of the following areas of major life activity:

(1) Self care;

(2) Receptive and expressive language;

(3) Learning;

(4) Mobility;

(5) Self direction;

(6) Capacity for independent living; and

(7) Economic self-sufficiency; and

D. Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of a lifelong or extended duration and are individually planned and coordinated.

For individuals from birth to 9 years of age, "developmental disability" means a substantial developmental delay or specific congenital or acquired condition that has a high probability of resulting in developmental disabilities if services are not provided.

Sec. 6. 5 MRSA §19503, sub-§9, as enacted by PL 1989, c. 837, §1, is amended to read:

9. Personnel. "Personnel" means salaried staff employed by the agency.

Sec. 7. 5 MRSA §19503, sub-§10, as enacted by PL 1989, c. 837, §1, is repealed and the following enacted in its place:

10.__Person with a disability.__"Person with a disability" means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes but is not limited to a person with a developmental disability, a learning disability or a mental illness.

Sec. 8. 5 MRSA §19504, sub-§2, ¶A, as enacted by PL 1989, c. 837, §1, is amended to read:

A. The advisory council shall advise the agency on policies and priorities to be followed in carrying out the duties of the agency as the protection and advocacy agency for mentally ill individuals with mental illness.

Sec. 9. 5 MRSA §19505, sub-§6 is enacted to read:

6.__Goals and priorities.__The agency shall represent persons with disabilities and otherwise conduct its activities in accordance with annually established goals and priorities, with other requirements of applicable federal statutes and with the terms of any grants or contracts.__The agency shall provide the public with an opportunity to comment upon the agency's goals and priorities.

Sec. 10. 5 MRSA §19506, sub-§1, as enacted by PL 1989, c. 837, §1, is amended to read:

1. Records. Agency personnel must be granted access to all records, other than records created in the course of a an ongoing criminal investigation by the Attorney General, a district attorney's office or a law enforcement agency, that:

A. Pertain to a person who is a client of the agency, if the person or the person's legal guardian or other legal representative has authorized the agency to have that access;

B. Pertain to an individual who is or was a person with disabilities and who is the subject of a complaint received by the agency or who as a result of monitoring or other activities, either of which results from a complaint or other evidence, the agency has probable cause to believe has been or is being abused, exploited or neglected, and who is:

(1) By reason of a mental or physical condition, unable to authorize the agency to have access; and

(2) Either under public guardianship or without a legal guardian or other representative who may authorize the agency to have access; or

(3)__Under a legal guardian, conservator or other legal representative who has been contacted by the agency upon receipt of the name and address of the representative, and the agency has offered assistance to the representative to resolve the situation, and the representative has failed or refused to act on behalf of the individual; or

(4)__Deceased or whose whereabouts are unknown; or

C. Describe incidents of abuse, exploitation, neglect or injury, and the steps taken to investigate those incidents, prepared by any staff person of any facility serving persons with disabilities or by any agency charged with investigating allegations of abuse, exploitation, neglect and injury occurring at facilities that serve persons with disabilities.

Sec. 11. 5 MRSA §19506, sub-§1, as enacted by PL 1989, c. 837, §1, is amended to read:

1. Records. Agency personnel must be granted access to all records, other than records created in the course of a criminal investigation by the Attorney General, a district attorney's office or a law enforcement agency, that:

A. Pertain to a person who is a client of the agency, if the person or the person's legal guardian or other legal representative has authorized the agency to have that access;

B. Pertain to an individual who is or was a person with disabilities and who is the subject of a complaint received by the agency or who the agency has probable cause to believe has been or is being abused, exploited or neglected, and who is:

(1) By reason of a mental or physical condition, unable to authorize the agency to have access; and

(2) Either under public guardianship or without a legal guardian or other representative who may authorize the agency to have access; or

C. Describe incidents of abuse, exploitation, neglect or injury, and the steps taken to investigate those incidents, prepared by any staff person of any facility serving persons with disabilities or by any agency charged with investigating allegations of abuse, exploitation, neglect

and injury occurring at facilities that serve persons with disabilities.

The agency personnel must be granted access to the records of persons with disabilities and other records relevant to conducting an investigation not later than 3 business days after the agency makes a written request for the records involved.__ When the agency determines there is probable cause to believe that the health or safety of the person is in serious and immediate jeopardy, or in any case of the death of a person with a disability, the agency must be granted access to records not later than 24 hours after the agency's request for records.

Sec. 12. 5 MRSA §19507, sub-§3, ¶¶F and G are enacted to read:

F. A person has a legal guardian, conservator or other legal representative, and:

(1)__The representative has been contacted by the agency upon receipt of the name and address of the representative;

(2)__The agency has offered assistance to the representative to resolve the situation; and

(3)__The representative has failed or refused to act on behalf of the person.

G.__The person is deceased or the person's whereabouts are unknown.

Sec. 13. 5 MRSA §19509 is enacted to read:

§19509.__Notice of death

Notwithstanding any other provision of law to the contrary, with respect to any facility to which this chapter applies, the agency must be provided access to information relating to any person with a disability whose death occurs while the person is in seclusion or restraint, or whose death occurs within 24 hours after the person has been removed from restraint or seclusion, or when it is reasonable to assume that a person's death is a result of such seclusion or restraint.__Each facility shall notify the agency of any such death.__A notification under this section must include the name of the person and must be provided not later than 7 days after the date of the death of the person.

SUMMARY

This bill amends the laws establishing the protection and advocacy system for developmentally disabled persons and mentally ill individuals to be consistent with federal laws in the areas of definitions, access and scope of responsibility. It also adds references to federal laws that establish new protection and advocacy services within the overall system and to the services permitted under these federal laws.