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| 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. |
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| | 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. |
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| | 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. |
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| | 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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