LD 1968
pg. 206
Page 205 of 217 PUBLIC Law Chapter 519 Page 207 of 217
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LR 3074
Item 1

 
except that if the hospital is a designated nonstate mental
health institution and if the patient was admitted under the
contract between the hospital and the department for receipt
by the hospital of involuntary patients, then the chief
administrative officer may seek involuntary commitment only by
requesting the commissioner to file an application for the
issuance of an order for hospitalization under section 3864.

 
(1) The application must be made to the District Court
having territorial jurisdiction over the hospital to
which the person was admitted on an emergency basis.

 
(2) The application must be filed within 5 3 days from the
date of admission of the patient under this section,
excluding the day of admission and any Saturday, Sunday
or legal holiday except that, if the 3rd day falls on a
weekend or holiday, the application must be filed on
the next business day following that weekend or
holiday.

 
C. If neither readmission on an informal voluntary basis
nor application to the District Court is effected under this
subsection, the chief administrative officer of the hospital
to which the person was admitted on an emergency basis shall
discharge the person immediately.

 
Sec. BBBB-7. 34-B MRSA §3863, sub-§5, ¶D is enacted to read:

 
D.__If the chief administrative officer of the hospital has
filed an application in the District Court for an order of
hospitalization under section 3864 but the hearing on the
application has not yet been conducted, the chief
administrative officer may also submit in the interim a
request for an administrative hearing before a hearing
officer employed by or under contract with the department to
administer medication on an involuntary basis to the patient
if the court orders such commitment.__In such cases, the
administrative hearing to consider the request for
involuntary treatment must be held within 4 business days of
the date of the court's order permitting involuntary
hospitalization under section 3864.

 
Sec. BBBB-8. 34-B MRSA §3863, sub-§8 is enacted to read:

 
8.__Rehospitalization from progressive treatment program.__The
assertive community treatment team physician or psychologist may
make a written application under this section to admit to a state
mental health institute a person who fails to fully participate
in the progressive treatment program in accordance


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