LD 1691
pg. 59
Page 58 of 87 PUBLIC Law Chapter 457 Page 60 of 87
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LR 2419
Item 1

 
and Family Services and Child Protection Act, Title 22,
chapter 1071.

 
4. Access to files and records. The Office of Advocacy,
through the chief advocate and the other advocates, office of
advocacy has access, limited only by the law, to the files,
records and personnel of any institution, facility or agency
administered, licensed or funded by the department. All persons
with knowledge about an incident related to client care,
including client-to-client assault, staff-to-client assault,
client-to-staff assault, excessive use of seclusion or mechanical
or chemical restraint, incidents stemming from questionable
psychiatric and medical practice or any other alleged abuse or
neglect, shall immediately report the details of that incident to
the Office of Advocacy office of advocacy. A copy of any
incident report shall must be provided to the Office of Advocacy
office of advocacy by the person making the report.

 
5. Confidentiality. Requests for action shall must be
treated confidentially as follows.

 
A. Any client request for action by the office of advocacy
and all written records or accounts related to the request
shall must be confidential as to the identity of the client.

 
B. The records and accounts may be released only as
provided by law.

 
6. Definition. For the purposes of this section, "client"
means a person included in the definition of client under section
1001, subsection 2, an adult or child receiving mental health,
mental retardation or behavioral health services and a person
seeking or requesting services as a client.

 
7. Protection for advocates. Advocates may not be
disciplined or sanctioned for any actions taken on behalf of
clients.

 
8. Budget. When submitting any budget request to the
Legislature, the department and the Governor shall provide that
any funds for contracting for the services of the Office of
Advocacy office of advocacy be listed in a separate account.

 
Sec. OO-3. 34-B MRSA §5606, sub-§1, as amended by PL 1993, c. 326,
§10, is further amended to read:

 
1. Report and investigation. Any alleged violation of the
rights of a person receiving services must be reported
immediately to the Office of Advocacy of the department office of


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