Sec. 1. 34-B MRSA §3873 is enacted to read:

§3873.__Administration of medication

Administration of medication to a patient admitted to a nonstate mental health institution or a state mental health institute under this article is subject to the requirements of this section.

A.__A patient in a state mental health institute may be administered medication if:

(1)__The patient agrees to accept the medication; or

(2)__The patient does not agree to accept the medication and the superintendent of the state mental health institute has determined that administration of the medication is necessary as treatment for the patient's health.__The superintendent shall enter into the patient's medical record the determination to administer medication pursuant to this subparagraph.__A patient administered medication under this subparagraph has a right to appeal the decision of the superintendent as provided in rules adopted pursuant to Title 22, section 1719.__An appeal under this subparagraph does not prevent administration of medication as determined to be necessary for the patient's health.

B.__A patient at a nonstate mental health institution or a state mental health institute admitted for observation, diagnosis, care or treatment under this article may be discharged pursuant to a medication and treatment compliance contract.__The medication and treatment compliance contract must include specific responsibilities for providers of health care services and for the person discharged, including compliance with a treatment and medication schedule to be followed by the person.__The contract must contain a condition that if the person does not adhere to the medication and treatment schedule, the discharge is revoked and the person must return to the nonstate mental health institution or state mental health institute under the terms of the prior admission for observation, diagnosis, care or treatment.

C.__The department shall adopt rules consistent with the requirements of section 3003 and Title 22, section 1719 to implement this section.__Rules adopted pursuant to this