| | | 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. |
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| | | 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. |
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| | | Sec. 3. 34-B MRSA §1207, sub-§5, ¶D, as amended by PL 1995, c. 560, Pt. | | K, §19, is further amended to read: |
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| | | 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: |
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| | | (1) Consumers nominated by the Director of the Office | of Advocacy and Consumer Affairs Adult Protective | | Services; |
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| | | (2) Members of the statewide alliance for the mentally | | ill; |
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| | | (3) Mental health service providers; and |
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| | | (4) The protection and advocacy agency designated | | pursuant to Title 5, section 19502. |
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| | | Sec. 4. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2001, c. 245, | | §1, is further amended to read: |
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| | | 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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