CHAPTER 154
S.P. 233 - L.D. 802
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §3861, sub-§2, as corrected by RR 1993, c. 2, §36, is amended to read:
2. State mental health institute. The chief administrative officer of a state mental health institute:
A. May receive for observation, diagnosis, care and treatment in the hospital any person whose admission is applied for under section 3831 or 3863; and
B. May receive for observation, diagnosis, care and treatment in the hospital any person whose admission is applied for under section 3864 or is ordered by a court.
Any business entity contracting with the department for psychiatric physician services or any person contracting with a state mental health institute when admitting, treating or discharging a patient, within the state institute, under the provisions of sections 3863 and 3864 under a contract with the department for purposes of civil liability is deemed to be an employee of a governmental entity under the Maine Tort Claims Act, Title 14, chapter 741 or the department to provide services pertaining to the admission, treatment or discharge of patients under sections 3863 and 3864 within a state institute or any person contracting with a business entity to provide those services within a state institute is deemed to be a governmental entity or an employee of a governmental entity for purposes of civil liability under the Maine Tort Claims Act, Title 14, chapter 741, with respect to the admission, treatment or discharge of patients within a state institute under sections 3863 and 3864.
See title page for effective date.
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