LD 1291
pg. 3
Page 2 of 3 An Act To Establish a System of Advocacy and Oversight To Benefit Persons with ... LD 1291 Title Page
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LR 1391
Item 1

 
2.__Maine Tort Claims Act.__The board members and staff act as
employees of the State, as "employee" is defined in Title 14,
section 8102, subsection 1, when engaged in official duties
specified in the community consent decree or this section or
assigned by the board.

 
3.__Membership.__Members of the former Consumer Advisory
Board established under section 1216 shall serve as the
initial members of the board and shall determine among
themselves which members' terms expire January 1, 2005 and
which terms expire January 1, 2006.__When a vacancy occurs,
members shall elect replacement members by majority vote at a
duly called meeting of the board.

 
4.__Access to information.__With regard to any institution,
facility, agency or other provider serving persons with mental
retardation or autism who are clients of the department or
when any such person resides or participates in work or in a
program in an institution, facility, agency or other provider,
the board members and staff must be given direct access to all
living, work and program areas and to all living, work and
program area records, including, but not limited to, records
related to any personal planning process, and must be given
access to the personnel, but not personnel records.__The chief
advocate under section 1205 may release to the board
information pertaining to alleged abuse, alleged exploitation
or neglect or an alleged dehumanizing practice committed upon
or violation of rights of a person with mental retardation or
autism.__The board shall keep any confidential information
disclosed to it or discovered by it confidential, as required
by section 1207.

 
SUMMARY

 
This bill repeals and reestablishes the Consumer Advisory
Board; amends the duties of the Department of Behavioral and
Developmental Services, Office of Advocacy and Consumer
Affairs, Office of Advocacy; and requires the board and the
office to work cooperatively in the performance of their
duties.


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