Sec. 2. Rights of recipients of mental health services. By October 15, 2005, the Department of Health and Human Services shall adopt rules consistent with the Maine Revised Statutes, Title 22, section 1719; Title 34-B, section 3003, subsection 2; and Title 34-B, section 3873 regarding the rights of recipients of mental health services and providing for administration of medication as set forth in Title 34-B, section 3873. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill establishes a procedure for the involuntary administration of medication to a patient at a nonstate mental health institution or a state mental health institute, with an appeal procedure within the department and if that appeal is unsuccessful, then a further appeal to the court. The bill requires the Department of Health and Human Services to adopt rules to implement the administration of medication provisions and requires amendment of the department's rules regarding the rights of recipients of mental health services. The bill designates rules adopted to be routine technical rules.