LD 1621
pg. 5
Page 4 of 8 An Act To Amend the Structure of the Office of Advocacy Page 6 of 8
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LR 2135
Item 1

 
7. Protection for advocates. Advocates may not be
disciplined or sanctioned for any actions taken on behalf of
clients. This protection does not apply to issues or problems
with meeting performance or management standards established by
the director.

 
8. Budget. When submitting any budget request to the
Legislature, the department and the Governor shall provide that
any funds for the Office of Advocacy and Adult Protective
Services be listed in a separate account.

 
Sec. 3. 34-B MRSA §1207, sub-§5, ¶D, as amended by PL 1995, c. 560, Pt.
K, §19, is further amended to read:

 
D. By September 1, 1994, the department shall adopt rules
to implement this subsection. The rules must include, but
are not limited to, an appeal process for persons who are
denied access to information under paragraph B. The appeal
process must determine whether the person requesting
information is a person who lives with or provides direct
care to a client, whether disclosure of the information is
in the best interest of the client and whether denial of
access to the information will result in significant
deterioration in the client's daily functioning. The
commissioner shall appoint an advisory committee pursuant to
Title 5, section 12002, subsection 1, paragraph A to assist
the department in the development of the rules. The members
of the advisory committee are not entitled to reimbursement
for expenses or legislative per diem. The advisory
committee must include, but is not limited to, proportionate
representation from each of the following:

 
(1) Consumers nominated by the Director of the Office
of Advocacy and Consumer Affairs Adult Protective
Services;

 
(2) Members of the statewide alliance for the mentally
ill;

 
(3) Mental health service providers; and

 
(4) The protection and advocacy agency designated
pursuant to Title 5, section 19502.

 
Sec. 4. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2001, c. 245,
§1, is further amended to read:

 
B. Treatment programs involving the use of noxious or painful
stimuli or other aversive or severely intrusive techniques may be
used only to correct behavior more harmful


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