Sec. 1. 5 MRSA §12004-I, sub-§67-A is enacted to read:

67-A. Consumer Expenses 34-B MRSA

Mental Advisory Only §1216-A

Retardation Board

Sec. 2. 14 MRSA §8102, sub-§1, as amended by PL 1995, c. 196, Pt. D, §1, is further amended to read:

1. Employee. "Employee" means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials; volunteer firefighters as defined in Title 30-A, section 3151; emergency medical service personnel; members and staff of the Consumer Advisory Board pursuant to Title 34-B, section 1216 1216-A; members of the Maine National Guard but only while performing state active service pursuant to Title 37-B; and sheriffs' deputies as defined in Title 30-A, section 381 when they are serving orders pursuant to section 3135, but the term "employee" does not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.

Sec. 3. 34-B MRSA §1205, sub-§1, as amended by PL 1995, c. 560, Pt. K, §18, is further amended to read:

1. Establishment. The Office of Advocacy is established within the Office of Advocacy and Consumer Affairs of the department solely to investigate the claims and grievances of clients of the department, to investigate with the Department of Human Services, as appropriate, all allegations of adult and child abuse in state institutions and to advocate on behalf of clients for compliance by any institution, other facility or agency administered, licensed or funded by the department with all laws, administrative rules and institutional and other policies relating to the rights and dignity of clients.

Sec. 4. 34-B MRSA §1205, sub-§3, ¶¶F and G, as enacted by PL 1989, c. 7, Pt. N, §3, are amended to read:

F. Make and publish reports necessary to the performance of the duties described in this section. The chief advocate may report findings of the office to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press, and may authorize the advocates in the Office of Advocacy to so communicate. At least annually, the chief advocate shall