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and Family Services and Child Protection Act, Title 22, | chapter 1071. |
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| | 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. |
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| | 5. Confidentiality. Requests for action shall must be | treated confidentially as follows. |
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| 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. |
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| B. The records and accounts may be released only as | provided by law. |
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| | 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. |
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| | 7. Protection for advocates. Advocates may not be | disciplined or sanctioned for any actions taken on behalf of | clients. |
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| | 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. |
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| | Sec. OO-3. 34-B MRSA §5606, sub-§1, as amended by PL 1993, c. 326, | §10, is further amended to read: |
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| | 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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