An Act To Correct Errors and Inconsistencies in the Laws of Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, acts of this and previous Legislatures have resulted in certain technical errors and inconsistencies in the laws of Maine; and
Whereas, these errors and inconsistencies create uncertainties and confusion in interpreting legislative intent; and
Whereas, it is vitally necessary that these uncertainties and this confusion be resolved in order to prevent any injustice or hardship to the citizens of Maine; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
PART A
Sec. A-1. 1 MRSA §150, as enacted by PL 2007, c. 28, §1, is reallocated to 1 MRSA §150-B.
Sec. A-2. 1 MRSA §353, as amended by PL 2005, c. 316, §1, is further amended to read:
§ 353. Explanation of proposed amendments and statewide referenda
With the assistance of the Secretary of State, the Attorney General shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes for each constitutional resolution or statewide referendum that may be presented to the people and that must include any information prepared by the Treasurer of State under Title 5, section 152. The explanatory statement may not include comments of proponents or opponents as provided by section 354. In addition to the explanatory statement, beginning with the November 2006 election the Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact of each constitutional resolution or statewide referendum on state revenues, appropriations and allocations within 30 days after the adjournment of the legislative session immediately prior to the statewide election when the constitutional resolution or referendum will appear on the ballot. The fiscal impact estimate must summarize the aggregate impact that the constitutional resolution or referendum will have on the General Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by the states State to local units of government. The Secretary of State shall publish the explanatory statement and the fiscal estimate in each daily newspaper of the State, not more than 10 and not less than 7 days prior to the voting. This information may be published in the English language in a foreign language newspaper.
Sec. A-3. 1 MRSA §535, sub-§3, ¶A, as amended by PL 2003, c. 681, §1, is further amended to read:
Sec. A-4. 1 MRSA §535, sub-§3, ¶B, as amended by PL 2003, c. 681, §1, is further amended to read:
Sec. A-5. 2 MRSA §6, sub-§4, as amended by PL 2007, c. 240, Pt. HH, §1 and c. 273, Pt. B, §2 and affected by §7, is repealed and the following enacted in its place:
Sec. A-6. 3 MRSA §959, sub-§1, ¶I, as amended by PL 2003, c. 600, §1, is further amended to read:
(1) Maine State Public Employees Retirement System in 2005 2013;
(2) Department of Labor in 2007;
(3) Maine Labor Relations Board in 2009; and
(4) Workers' Compensation Board in 2009.
Sec. A-7. 5 MRSA §4613, sub-§2, ¶B, as amended by PL 2007, c. 243, §8 and c. 457, §1, is repealed and the following enacted in its place:
(1) An order to cease and desist from the unlawful practices specified in the order;
(2) An order to employ or reinstate a victim of unlawful employment discrimination, with or without back pay;
(3) An order to accept or reinstate such a person in a union;
(4) An order to rent or sell a specified housing accommodation, or one substantially identical to that accommodation if controlled by the respondent, to a victim of unlawful housing discrimination;
(5) An order requiring the disclosure of the locations and descriptions of all housing accommodations that the violator has the right to sell, rent, lease or manage and forbidding the sale, rental or lease of those housing accommodations until the violator has given security to ensure compliance with any order entered against the violator and with all provisions of this Act. An order may continue the court's jurisdiction until the violator has demonstrated compliance and may defer decision on some or all relief until after a probationary period and a further hearing on the violator's conduct during that period;
(6) An order to pay the victim, in cases of unlawful price discrimination, 3 times the amount of any excessive price demanded and paid by reason of that unlawful discrimination;
(7) An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or, if the commission brings action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph;
(8) In cases of intentional employment discrimination with respondents who have more than 14 employees, compensatory and punitive damages as provided in this subparagraph.
(a) In an action brought by a complaining party under section 4612 and this section against a respondent who engaged in unlawful intentional discrimination prohibited under sections 4571 to 4575, if the complaining party can not recover under 42 United States Code, Section 1981 (1994), the complaining party may recover compensatory and punitive damages as allowed in this subparagraph in addition to any relief authorized elsewhere in this subsection from the respondent.
(b) When a discriminatory practice involves the provision of a reasonable accommodation, damages may not be awarded under this subparagraph when the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide that individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
(c) A complaining party may recover punitive damages under this subparagraph against a respondent if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the rights of an aggrieved individual protected by this Act.
(d) Compensatory damages awarded under this subparagraph do not include back pay, interest on back pay or any other type of relief authorized elsewhere under this subsection.
(e) The sum of compensatory damages awarded under this subparagraph for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed for each complaining party:
(i) In the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
(ii) In the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000;
(iii) In the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000; and
(iv) In the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $500,000.
(f) Nothing in this subparagraph may be construed to limit the scope of, or the relief available under, 42 United States Code, Section 1981 (1994).
(g) If a complaining party seeks compensatory or punitive damages under this subparagraph, any party may demand a trial by jury, and the court may not inform the jury of the limitations described in division (e).
(h) This subparagraph does not apply to recoveries for a practice that is unlawful only because of its disparate impact.
(i) Punitive damages may not be included in a judgment or award against a governmental entity, as defined in Title 14, section 8102, subsection 2, or against an employee of a governmental entity based on a claim that arises out of an act or omission occurring within the course or scope of that employee's employment; and
(9) In addition to other remedies in subparagraphs (1) to (8), an order to pay actual damages in the case of discriminatory housing practices. This subparagraph is not intended to limit actual damages available to a plaintiff alleging other discrimination if the remedy of actual damages is otherwise available under this Act;
Sec. A-8. 5 MRSA §12004-I, sub-§3-D, as enacted by PL 2007, c. 146, §1, is amended to read:
Conservation | Allagash Wilderness Waterway Advisory Council | Expenses/Legislative per diem | 12 MRSA §1891 §1890-A |
Sec. A-9. 5 MRSA §18306-A, sub-§1, ¶D, as enacted by PL 2007, c. 137, §21, is amended to read:
Sec. A-10. 9 MRSA §5017, first ¶, as repealed and replaced by PL 2007, c. 402, Pt. A, §10, is amended to read:
The commissioner may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized under Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
Sec. A-11. 12 MRSA §685-A, sub-§10, ¶B, as enacted by PL 2001, c. 105, §1, is amended to read:
Sec. A-12. 12 MRSA §1891, as enacted by PL 2007, c. 146, §3, is reallocated to 12 MRSA §1890-A.
Sec. A-13. 12 MRSA §1891-A, as enacted by PL 2007, c. 146, §4, is reallocated to 12 MRSA §1890-B.
Sec. A-14. 12 MRSA §1891-B, as enacted by PL 2007, c. 146, §5, is reallocated to 12 MRSA §1890-C.
Sec. A-15. 12 MRSA §6434, sub-§4, as amended by PL 2007, c. 201, §15 and c. 283, §3, is repealed and the following enacted in its place:
Restitution imposed under this subsection is in addition to any penalty imposed under subsection 3-A.
Sec. A-16. 12 MRSA §11224, as enacted by PL 2007, c. 454, §1, is reallocated to 12 MRSA §11226.
Sec. A-17. 13-B MRSA §1401, sub-§35, as amended by PL 2007, c. 231, §18 and c. 323, Pt. B, §34 and affected by c. 323, Pt. G, §4, is repealed and the following enacted in its place:
Sec. A-18. Effective date. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 13-B, section 1401, subsection 35 takes effect July 1, 2008.
Sec. A-19. 15 MRSA §3314, sub-§2, as amended by PL 2007, c. 96, §6, is further amended to read:
Modification of probation is governed by the procedures contained in Title 17-A, section 1202, subsection 2. Termination of probation is governed by the procedures contained in Title 17-A, section 1202, subsection 3. Revocation of probation is governed by the procedures contained in Title 17-A, sections 1205, 1205-B, 1205-C and 1206, except that this subsection governs the court's determinations concerning probable cause and continued detention and those provisions of Title 17-A, section 1206, subsection 7-A allowing a vacating of part of the suspension of execution apply only to a suspended fine under subsection 1, paragraph G or a suspended period of confinement under paragraph H . A suspended commitment under subsection 1, paragraph F may be modified to a disposition under subsection 1, paragraph H. When a revocation of probation results in the imposition of a disposition under subsection 1, paragraph F or a period of confinement under subsection 1, paragraph H, the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1-B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders a particular disposition upon a revocation of probation. If the juvenile is being detained for an alleged violation of probation, the court shall review within 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the juvenile. Following that review, the court shall order the juvenile's release unless the court finds that there is probable cause to believe that the juvenile has violated a condition of probation and finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention under section 3203-A, subsection 4, paragraph C. When a court orders continued detention, the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1-B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders continued detention.
Sec. A-20. 17-A MRSA §1110, sub-§1-C, as enacted by PL 2007, c. 346, Pt. B, §3, is amended to read:
Sec. A-21. 20-A MRSA §401, sub-§1, as amended by PL 2007, c. 200, §1 and repealed and replaced by c. 466, Pt. B, §14 and affected by §15, is repealed and the following enacted in its place:
Sec. A-22. 20-A MRSA §1506, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Allocations between members of the original education unit to pay the debt service for the existing debt must be made on the basis of the cost-sharing formula of the original education unit in effect on July 1, 2007, as applied to the year of allocation. In the case of state-subsidized debt service, the provisions of subsection 3 apply. Amounts to pay the debt service on the existing debt of the original education units must be included in the budget that the regional school unit board of a new unit submits for approval. If the original education unit is divided between different new units that have not agreed to assume liability to pay the existing debt, the commissioner shall require that the reorganization plan of one of those new units provide for that new unit to serve as agent for purposes of the existing debt of the original education unit. That new unit, as agent, has the authority provided by this subsection, except that the new unit shall notify the other new units containing members of the original education unit of the amounts they must assess and collect from their members who were members of the original education unit, and those other new units shall perform the functions in subsection 4, paragraphs C and D with respect to their members, and shall pay the appropriate amounts over to the new unit serving as agent.
Sec. A-23. 20-A MRSA §15696, sub-§1, ¶A, as enacted by PL 2007, c. 240, Pt. XXXX, §33, is amended to read:
Sec. A-24. 21-A MRSA §1018, as amended by PL 2007, c. 443, Pt. A, §19, is repealed.
Sec. A-25. 22 MRSA §2685, sub-§2, ¶B, as enacted by PL 2007, c. 327, §1, is amended to read:
Sec. A-26. 22 MRSA §8702, sub-§8-B, as enacted by PL 2007, c. 136, §1, is amended to read:
Sec. A-27. 22 MRSA §8702, sub-§11, as amended by PL 2007, c. 136, §1 and c. 240, Pt. VV, §2, is repealed and the following enacted in its place:
Sec. A-28. 22 MRSA §8824, sub-§1-A, as enacted by PL 2007, c. 450, Pt. A, §8, is amended to read:
Sec. A-29. 24-A MRSA §2847-M, as enacted by PL 2007, c. 452, §3, is reallocated to 24-A MRSA §2847-O.
Sec. A-30. 24-A MRSA §4253, as enacted by PL 2007, c. 452, §4, is reallocated to 24-A MRSA §4255.
Sec. A-31. 25 MRSA §2001, as amended by PL 2003, c. 414, Pt. B, §§36 and 37 and affected by c. 614, §9 and repealed by c. 452, Pt. N, §1 and affected by Pt. X, §2, is repealed.
Sec. A-32. 26 MRSA §2171-A, sub-§2, as enacted by PL 2003, c. 114, §19, is amended to read:
Sec. A-33. 29-A MRSA §468, sub-§6, as amended by PL 2007, c. 240, Pt. LLLL, §3, is further amended to read:
Sec. A-34. 29-A MRSA §1972, sub-§1, as enacted by PL 2005, c. 544, §1, is amended to read:
Sec. A-35. 30-A MRSA §4211, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. A-36. 32 MRSA §1202, sub-§1, ¶A, as amended by PL 2007, c. 398, §1 and c. 402, Pt. I, §12, is repealed and the following enacted in its place:
(1) Complete at least 8,000 hours of service as an apprentice or helper electrician or at least 8,000 hours of experience in electrical installations, as defined in section 1101, and satisfactorily complete a program of study comprising 576 hours as approved by the Electricians' Examining Board or from an accredited institution. The 576 hours shall consist of 225 hours of required study, including an approved course of not less than 45 hours in the current National Electrical Code; and 351 hours of elective study, comprised of all trade-related electives or 225 hours of trade-related courses and 135 hours of degree-related courses;
(2) Be a graduate of an accredited regional applied technology high school 2-year electrical program, have worked for 8,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board;
(3) Be a graduate of an accredited community college electrical program or a vocational-electrical program of the Department of Corrections, have worked for 4,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may sit for the journeyman's examination upon graduation if application is made within one year of graduation; or
(4) Be an electrical apprentice registered with the State Apprenticeship and Training Council and have completed 576 hours of related instruction, as defined in this paragraph, prescribed in their apprenticeship program, the 8,000-hour approved program and a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may sit for the journeyman's examination after completion of the 576 hours of instruction if application is made within one year of the completion of the instruction.
Sec. A-37. 32 MRSA §12228, as amended by PL 2007, c. 384, §§3 to 8 and c. 402, Pt. Z, §11, is repealed and the following enacted in its place:
§ 12228. Certified public accountants; qualifications
Sec. A-38. 32 MRSA §12252, as amended by PL 2007, c. 384, §§11 to 13 and c. 402, Pt. Z, §17, is repealed and the following enacted in its place:
§ 12252. Licenses; firms
(1) Has an office in this State performing any of the services described in section 12201, subsection 3-A, paragraphs A to D;
(2) Has an office in this State that uses the title "CPA" or "CPA firm"; or
(3) Does not have an office in this State but performs any of the services described in section 12201, subsection 3-A, paragraphs A, C or D for a client having its home office in this State.
(1) It qualifies for a firm license pursuant to subsections 3 and 8; and
(2) It performs such services through an individual with practice privileges under section 12251, subsection 4-B.
(1) Performs such services through an individual with practice privileges under section 12251, subsection 4-B; and
(2) Has legal authority to perform such services in the state of that individual's principal place of business.
(1) All nonlicensee owners are individuals who actively participate in the certified public accountancy firm or public accountancy firm;
(2) The firm complies with such other requirements as the board may impose by rule; and
(3) The firm designates an individual who is a licensee of this State or, in the case of a firm that must have a license pursuant to subsection 1, paragraph A, subparagraph (3), designates an individual who is a licensee of another state who meets the requirements set out in section 12251, subsection 4-B, paragraph A who is responsible for the proper registration of the firm and identifies that individual who is a licensee to the board.
The board is authorized to adopt rules to carry out the intent of this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. A-39. 32 MRSA §17104, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is amended by adding at the end a new paragraph to read:
An individual who is enrolled in a course of study leading to a degree in speech-language pathology or audiology at an accredited college or accredited university is exempt as long as such activities and services constitute a part of the course of study.
Sec. A-40. 32 MRSA §17104, sub-§4, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is repealed.
Sec. A-41. 34-B MRSA §5438, as enacted by PL 2007, c. 240, Pt. OO, §2, is reallocated to 34-B MRSA §5439.
Sec. A-42. 35-A MRSA §10008, sub-§5, as enacted by PL 2007, c. 317, §15, is amended to read:
Sec. A-43. 36 MRSA §693, sub-§1, as amended by PL 2007, c. 435, §1 and c. 437, §9, is repealed and the following enacted in its place:
All notices and requests provided pursuant to this subsection must be made by personal delivery or certified mail and must conspicuously state the consequences of the taxpayer's failure to respond to the notice or request in a timely manner.
If an exemption has already been accepted and the State Tax Assessor subsequently determines that the property is not entitled to exemption, a supplemental assessment must be made within 3 years of the original assessment date with respect to the property in compliance with section 713, without regard to the limitations contained in that section regarding the justification necessary for a supplemental assessment.
Sec. A-44. 36 MRSA §1760, sub-§90, as enacted by PL 2007, c. 438, §47, is reallocated to 36 MRSA §1760, sub-§91.
Sec. A-45. 36 MRSA §6254, sub-§1, as enacted by PL 1989, c. 534, Pt. C, §1 and repealed and replaced by c. 713, §4, is amended to read:
When the circumstances listed in section 6259, subsection 4 occur, the amount of deferred taxes is due and payable 5 days before the date of removal of the property from the State.
If the deferred tax liability of a property has not been satisfied by the April 30th demand date, the State Tax Assessor shall, within 30 days, record in the registry of deeds in the county where the real estate is located a tax lien certificate signed by the State Tax Assessor or bearing the assessor's facsimile signature, setting forth the total amount of deferred tax liability, a description of the real estate on which the tax was deferred and an allegation that a tax lien is claimed on the real estate to secure payment of the tax, that a demand for payment of the tax has been made in accordance with this section and that the tax remains unpaid.
At the time of the recording of the tax lien certificate in the registry of deeds, the State Tax Assessor shall send by certified mail, return receipt requested, to each record holder of a mortgage on the real estate, to the holder's last known address, a true copy of the tax lien certificate. The cost to be paid by the property owner, or the owner's heirs or devisees, is the sum of the fees for recording and discharging of the lien as established by Title 33, section 751, subsection 10, plus $13. Upon redemption, the State Tax Assessor shall prepare and record a discharge of the tax lien mortgage. The lien described in section 552 is the basis of this tax lien mortgage procedure.
The filing of the tax lien certificate, provided for in this section, in the registry of deeds creates a mortgage on the real estate to the State and has priority over all other mortgages, liens, attachments and encumbrances of any nature and gives to the State all rights usually instant to a mortgage, except that the mortgagee does not have any right of possession of the real estate until the right of redemption expires.
Payments accepted during the redemption period may not interrupt or extend the redemption period or in any way affect the foreclosure procedures.
Sec. A-46. PL 2007, c. 146, §7 is amended to read:
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, section 1891 1890-A, subsection 4 and in order to ensure a certain level of continuity of service on the Allagash Wilderness Waterway Advisory Council, the Commissioner of Conservation Governor shall, in making the initial appointments for the advisory council, appoint 2 members to 3-year terms, 2 members to 4-year terms and 2 members to 5-year terms. The legislative committee approval requirements of Title 12, section 1891, subsection 3 apply to initial and subsequent appointments. An initial term of 3 or 4 years is considered a full term for purposes of calculating the term limitation in Title 12, section 1891 1890-A, subsection 4.
Sec. A-47. PL 2007, c. 273, Pt. B, §7 is repealed.
Sec. B-7. Effective date. This Part takes effect when approved.
Sec. A-48. PL 2007, c. 377, §17 is amended to read:
Sec. 17. Effective date. That section of this Act that enacts the Maine Revised Statutes, Title 34-A, section 1210-B takes effect July 1, 2008. Those sections of this Act that amend Title 4, section 116; Title 4, section 163, subsection 1; Title 30-A, section 1658; and Title 34 34-A, section 1214, subsection 1 and subsection 3, paragraph B take effect July 1, 2008.
Sec. A-49. PL 2007, c. 440, §7, amending clause is amended to read:
Sec. 7. 22 MRSA §332, as amended by PL 2001, c. 710, §9 and affected by §10, is repealed and the following enacted in its place:
PART B
Sec. B-1. 7 MRSA §508, sub-§7, as amended by PL 2005, c. 512, §26, is further amended to read:
Sec. B-2. 10 MRSA §1141, sub-§1, as enacted by PL 1991, c. 261, is amended to read:
Sec. B-3. 10 MRSA §9041, first ¶, as amended by PL 1991, c. 714, §4, is further amended to read:
The board shall adopt rules and establish standards as provided by section 9005 9005-A to administer and enforce this subchapter.
Sec. B-4. 22 MRSA §2383-B, sub-§3, ¶C, as enacted by PL 1995, c. 499, §3 and affected by §5, is amended to read:
Sec. B-5. 26 MRSA §682, sub-§8, ¶B, as enacted by PL 1989, c. 536, §§1 and 2 and affected by c. 604, §§2 and 3, is amended to read:
Sec. B-6. 32 MRSA §552, last ¶, as enacted by PL 2005, c. 262, Pt. A, §4, is amended to read:
The board may waive the examination requirements and grant a license to any applicant who presents proof of being licensed to practice in another jurisdiction of the United States or another country whose licensing requirements are considered by the board to be substantially equivalent to or higher than those set forth in this chapter, if no cause exists for denial of a license under section 503-A 503-B or Title 10, section 8003, subsection 5-A, paragraph A. The applicant shall pay the required license fee as set under section 558.
Sec. B-7. 32 MRSA §1071, sub-§1, as amended by PL 1993, c. 600, Pt. A, §56, is further amended to read:
Sec. B-8. 32 MRSA §1301, 2nd ¶, as amended by PL 1993, c. 600, Pt. A, §103, is further amended to read:
Appointments are for 5-year terms. Appointments of members must comply with Title 10, section 60 8009.
Sec. B-9. 32 MRSA §2151, as amended by PL 1993, c. 600, Pt. A, §120, is further amended to read:
§ 2151. Appointment; term; removal
The State Board of Nursing, as established by Title 5, section 12004-A, subsection 25, consists of 9 members who are appointed by the Governor. A full-term appointment is for 4 years. Appointment of members must comply with Title 10, section 60 8009. Members of the board may be removed from office for cause by the Governor.
Sec. B-10. 32 MRSA §2415, as amended by PL 1995, c. 606, §2, is further amended to read:
§ 2415. Appointment; tenure; vacancies; removal
The State Board of Optometry, as established by Title 5, section 12004-A, subsection 28 and in this chapter called the "board," consists of 6 persons appointed by the Governor. Five of the appointees must have been resident optometrists engaged in the actual practice of optometry in this State for a period of at least 5 years prior to their appointment and after the 1999 renewal they must hold advanced therapeutic licenses. One of the appointees must be a consumer member who is a resident of this State and has no pecuniary interest in optometry or in the merchandising of optical products. Appointment is for a term of 5 years. Appointments of members must comply with Title 10, section 60 8009. A member of the board may be removed from office for cause by the Governor. The board has a common seal.
Sec. B-11. 32 MRSA §3263, first ¶, as amended by PL 1997, c. 680, Pt. C, §1, is further amended to read:
The Board of Licensure in Medicine, as established by Title 5, section 12004-A, subsection 24, and in this chapter called the "board," consists of 9 individuals who are residents of this State, appointed by the Governor. Three individuals must be representatives of the public. Six individuals must be graduates of a legally chartered medical college or university having authority to confer degrees in medicine and must have been actively engaged in the practice of their profession in this State for a continuous period of 5 years preceding their appointments to the board. A full-term appointment is for 6 years. Appointment of members must comply with Title 10, section 60 8009. A member of the board may be removed from office for cause by the Governor.
Sec. B-12. 32 MRSA §3651-A, sub-§1, as amended by PL 2007, c. 402, Pt. P, §7, is further amended to read:
Sec. B-13. 32 MRSA §3651-A, sub-§2, as amended by PL 2007, c. 402, Pt. P, §8, is further amended to read:
Sec. B-14. 32 MRSA §6220, as repealed and replaced by PL 2003, c. 347, §23 and affected by §25, is amended to read:
§ 6220. Endorsement
The board may waive the requirements of this chapter and grant a registration, certificate or license to any applicant who presents proof of authorization to practice by another jurisdiction of the United States or another country that maintains professional standards considered by the board to be substantially equivalent to or higher than those set forth in this chapter, as long as there is no cause for denial of a registration, certificate or license under section 6217-A 6217-B or Title 10, section 8003, subsection 5-A, paragraph A. The applicant must pay the application and license fee as set under section 6215.
Sec. B-15. 32 MRSA §12274, sub-§3, as amended by PL 2007, c. 402, Pt. Z, §22, is further amended to read:
Sec. B-16. 32 MRSA §12278, as enacted by PL 1987, c. 489, §2, is amended to read:
§ 12278. Single act evidence of practice
In any action brought under section 12273 12273-A or 12277 or Title 10, section 8003, subsection 5-A, evidence from the commission of a single act prohibited by this chapter shall be is sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of a general course of conduct.
Sec. B-17. 32 MRSA §12279, as enacted by PL 1987, c. 489, §2, is amended to read:
§ 12279. Confidential communications
Except by permission of the client engaging a licensee under this chapter, or the heirs, successors or personal representatives of that client, a licensee or any partner, officer, shareholder or employee of a licensee shall may not voluntarily disclose information communicated to him the licensee, or any partner, officer, shareholder or employee of the licensee, by the client relating to, and in connection with, services rendered to the client by the licensee in the practice of public accountancy. That information shall must be considered confidential , provided that as long as nothing may be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting disclosures in court proceedings, investigations or proceedings under section 12273 12273-A or Title 10, section 8003, subsection 5-A, in ethical investigations conducted by private professional organizations or in the course of quality reviews.
Sec. B-18. 32 MRSA §13795, sub-§5, ¶A, as enacted by PL 2005, c. 430, §7 and affected by §10, is amended to read:
Sec. B-19. 32 MRSA §13863, sub-§6, as repealed and replaced by PL 1991, c. 548, Pt. A, §25, is amended to read:
Sec. B-20. 32 MRSA §15104-B, last ¶, as enacted by PL 2001, c. 573, Pt. A, §2, is amended to read:
A person who is or will be aggrieved by the application of any law, code or rule relating to the installation or alteration of boilers and pressure vessels may file a petition for a variance, whether compliance with that provision is required at the time of filing or at the time that provision becomes effective. The filing fee for a petition for a variance must be set by the Director of the Office of Licensing and Registration under section 15109, subsection 9 15104-C. The chief inspector may grant a variance if, owing to conditions especially affecting the particular boiler or pressure vessel involved, the enforcement of any law, code or rule relating to boilers or pressure vessels would do manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or would be unreasonable under the circumstances , provided that as long as desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of that law, code or rule. In granting a variance under this section, the chief inspector may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with rules made and amended from time to time. A copy of the decision must be sent to all interested parties.
Sec. B-21. 32 MRSA §15108-A, as amended by PL 2001, c. 323, §35, is further amended to read:
§ 15108-A. Boiler and pressure vessel inspectors
The board shall issue a license as a boiler inspector upon payment of an application fee and license fee under section 15109, subsection 9 15104-C set by the director to any person who files an application and meets the qualifications as specified by rule. The board shall issue a license as a boiler inspector upon payment of an application fee and license fee to any person who files an application and holds a certificate as an inspector of steam boilers from a state that has a standard of licensing equal to that of this State or a certification from the National Board of Boiler and Pressure Vessel Inspectors, or its successor organization.
Sec. B-22. 32 MRSA §15117, first ¶, as amended by PL 2001, c. 573, Pt. A, §5, is further amended to read:
Each boiler or pressure vessel used or proposed for use within this State, except boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by the chief inspector, a deputy inspector or an authorized inspector, as to its design, construction, installation, condition and operation. The board shall adopt rules pursuant to the Maine Administrative Procedure Act specifying the method and frequency of inspection. When any boiler or pressure vessel inspected as specified by the board is found to be suitable and to conform to the rules of the board, the chief inspector shall issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to the board, an inspection certificate for each boiler or pressure vessel. The fee under section 15109, subsection 9 15104-C must be set by the director. Inspection certificates must specify the maximum pressure that the boiler or pressure vessel inspected is allowed to carry. The inspection certificate may be valid for not more than 14 months from the date of inspection in the case of boilers and 38 months from the date of inspection in the case of pressure vessels and must be posted under glass in the engine or boiler room containing the boiler or pressure vessel or an engine operated by it or, in the case of a portable boiler, in the office of the plant where it is temporarily located. The board may adopt rules setting forth criteria by which a temporary extension of an inspection certificate beyond 14 months in the case of boilers and beyond 38 months in the case of pressure vessels may be authorized. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.
Sec. B-23. 38 MRSA §89, as amended by PL 1999, c. 355, §9, is further amended to read:
§ 89. Maine Pilotage Commission members
The Maine Pilotage Commission, as established by Title 5, section 12004-A, subsection 40, consists of 7 members who are citizens of the United States and the State of Maine appointed by the Governor as follows: Three licensed pilots who are actively piloting, one member from each of the coastal zones; 2 members who are not licensed pilots but are from a maritime industry that utilizes the services of pilots; and 2 members representing the public who are not licensed pilots but have a maritime background. Appointments are for 3-year terms. Appointments of members must comply with Title 32 10, section 60 8009. The members of the commission are entitled to compensation according to Title 5, chapter 379.
Sec. B-24. 39-A MRSA §206, sub-§11, as amended by PL 2001, c. 60, §1, is further amended to read:
PART C
Sec. C-1. 1 MRSA §409, sub-§2, as enacted by PL 1975, c. 758, is amended to read:
Sec. C-2. 12 MRSA §6071, sub-§1, as amended by PL 1999, c. 401, Pt. BB, §3, is further amended to read:
Sec. C-3. 12 MRSA §12456, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. C-4. 19-A MRSA §701, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
Sec. C-5. 21-A MRSA §196, sub-§2, as amended by PL 2007, c. 397, §2 and c. 455, §11, is repealed and the following enacted in its place:
Sec. C-6. 22 MRSA §1711-E, sub-§1, ¶F-2, as enacted by PL 2007, c. 460, §1, is amended to read:
Sec. C-7. 22 MRSA §1711-E, sub-§1, ¶H, as enacted by PL 2005, c. 589, §1, is amended to read:
Sec. C-8. 22 MRSA §2685, sub-§2, ¶D, as enacted by PL 2007, c. 327, §1, is amended to read:
Sec. C-9. 22 MRSA §3174-G, sub-§1, ¶B, as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §1 and affected by §3, is repealed and the following enacted in its place:
Sec. C-10. 22 MRSA §3174-G, sub-§1, ¶D, as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §2 and affected by §3, is repealed and the following enacted in its place:
Sec. C-11. 24 MRSA §2317-B, sub-§12-B, as enacted by PL 2007, c. 452, §1, is amended to read:
Sec. C-12. 24 MRSA §2317-B, sub-§12-C, as enacted by PL 2007, c. 595, §1 and affected by §5, is repealed.
Sec. C-13. 24 MRSA §2317-B, sub-§12-D is enacted to read:
Sec. C-14. 24-A MRSA §10, sub-§6, as amended by PL 2007, c. 539, Pt. N, §55, is further amended to read:
Sec. C-15. 24-A MRSA §2847-N, as enacted by PL 2007, c. 595, §3 and affected by §5, is reallocated to 24-A MRSA §2847-P.
Sec. C-16. 24-A MRSA §4254, as enacted by PL 2007, c. 595, §4 and affected by §5, is reallocated to 24-A MRSA §4256.
Sec. C-17. 26 MRSA §1028, sub-§2, as amended by PL 1993, c. 90, §6, is further amended to read:
Sec. C-18. 32 MRSA §12274, sub-§2, as enacted by PL 1987, c. 489, §2, is amended to read:
PART D
Sec. D-1. 34-B MRSA §1216, sub-§4, as repealed and replaced by PL 2007, c. 356, §6 and affected by §31, is amended to read:
Sec. D-2. PL 2007, c. 356, §30, sub-§1 is amended to read:
1. Correspondent program. The Maine Developmental Services Oversight and Advisory Board, established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 61-A and referred to in this section as "the board," shall work with the Department of Health and Human Services to improve and promote the correspondent program operated by the Consumer Advisory Board established pursuant to Title 34-B, section 1216. No later than January 1, 2009 One hundred and twenty days after the establishment, the board shall present a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters, together with a proposed plan that provides for the independent operation of the correspondent program with oversight by the board. After receipt and review of the report, the joint standing committee may submit a bill to the 124th Legislature.
Sec. D-3. PL 2007, c. 356, §31 is amended to read:
Sec. 31. Effective dates. This Act takes effect November 1, 2007, except that the following sections take effect upon elimination of the Consumer Advisory Board pursuant to the Maine Revised Statutes, Title 34-B, section 1216, subsection 4 on the later of January 1, 2009 and 45 days after the United States District Court releases the State from all obligations under the community consent decree, Consumer Advisory Board et al. v. Glover, No. 91-321-P-C (D. Me., September 28, 1994):
1. Those sections That section of this Act that repeal Title 3, section 959, subsection 1, paragraph F, and repeals Title 5, section 12004-I, subsection 61;
2. That section Those sections of this Act that amends amend Title 3, section 959, subsection 1, paragraph F and Title 34-B, section 5605, subsection 13, paragraph B; and
3. Those sections of this Act that enact Title 5, section 12004-J, subsection 15 and Title 34-B, section 1223.
PART E
Sec. E-1. 28-A MRSA §1504, sub-§3-A is enacted to read:
PART F
Sec. F-1. PL 2007, c. 539, Pt. A, §43 is amended to read:
Sec. A-43. Appropriations and allocations. The following appropriations and allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Administrative Services - Professional and Financial Regulation 0094
Initiative: Eliminates the headcount, salary and related costs associated with the Commissioner Department of Professional and Financial Regulation position in the Administrative Services Division and eliminates one Administrator Office of Securities position in the Office of Securities.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (1.000) |
Personal Services
|
$0 | ($109,168) |
All Other
|
$0 | ($892) |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($110,060) |
Office of Securities 0943
Initiative: Eliminates the headcount, salary and related costs associated with an Assistant Securities Administrator, Public Services Manager II position within the Office of Securities.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (1.000) |
Personal Services
|
$0 | ($100,815) |
All Other
|
$0 | ($1,992) |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($102,807) |
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | ($212,867) |
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|
DEPARTMENT TOTAL - ALL FUNDS | $0 | ($212,867) |
PART G
Sec. G-1. 20-A MRSA §1486, sub-§3, ¶F, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest regional (name of school unit ) budget meeting?
Sec. G-2. 20-A MRSA §1486, sub-§3, ¶G, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest regional (name of school unit ) budget meeting and that includes locally raised funds that exceed the required local contribution as described in the Essential Programs and Services Funding Act?
PART H
Sec. H-1. PL 2007, c. 539, Pt. F, §2 is repealed and the following enacted in its place:
Sec. F-2. Commissioner of Health and Human Services; fees. The Commissioner of Health and Human Services shall adopt rules to increase the fees assessed under the Maine Revised Statutes, Title 22, section 2494 effective July 1, 2008. The fees must be calculated to produce revenue for the special revenue account established under that section in an amount sufficient to meet the expenditures from the account for the licensure and inspection responsibilities under that section of the Department of Health and Human Services, Maine Center for Disease Control and Prevention. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. H-2. PL 2007, c. 539, Pt. F, §5 is amended to read:
Sec. F-5. Resolving overlapping jurisdiction. If an establishment has operations that may fall under the jurisdiction of both the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation, the Department of Agriculture, Food and Rural Resources has jurisdiction over all operations of the establishment unless sales of food for consumption on the premises or ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds 50% of total annual food-related dollar receipts, in which case the Maine Center for Disease Control and Prevention has jurisdiction over the establishment. The field staff of the respective departments shall meet on a regular basis to resolve jurisdictional questions and issues.
PART I
Sec. I-1. 12 MRSA §6701, sub-§7, as enacted by PL 2007, c. 557, §1, is repealed.
Sec. I-2. 12 MRSA §6702, sub-§7, as enacted by PL 2007, c. 557, §2, is repealed.
Sec. I-3. 12 MRSA §6703, sub-§6, as enacted by PL 2007, c. 557, §3, is repealed.
Sec. I-4. 12 MRSA §6721-A, sub-§5, as amended by PL 2007, c. 607, Pt. A, §6 and Pt. B, §4, is repealed and the following enacted in its place:
Sec. I-5. 12 MRSA §6721-A, sub-§6, as amended by PL 2007, c. 557, §4, is repealed.
Sec. I-6. 12 MRSA §6722, as repealed and replaced by PL 2007, c. 557, §5 and c. 607, Pt. B, §5, is repealed and the following enacted in its place:
§ 6722. Scallop season
Sec. I-7. 12 MRSA §6725, as repealed and replaced by PL 2007, c. 557, §6 and c. 607, Pt. B, §7, is repealed and the following enacted in its place:
§ 6725. Possession of illegal scallops
Sec. I-8. 12 MRSA §6726, sub-§4, as enacted by PL 2007, c. 557, §7, is amended to read:
Sec. I-9. 12 MRSA §6728-B, as enacted by PL 2007, c. 557, §10 and c. 607, Pt. B, §8, is repealed and the following enacted in its place:
§ 6728-B. Habitual violations
The commissioner shall suspend the handfishing scallop license or other license issued under this Part authorizing the taking of scallops of any license holder adjudicated or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension must be for at least one year from the date of conviction and may be for up to 3 years.
PART J
Sec. J-1. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative 0063
Initiative: Deappropriates funds appropriated in Public Law 2007, chapter 539, Part OOOO that do not take effect until June 30, 2008.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
($450,000) | $0 |
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|
GENERAL FUND TOTAL | ($450,000) | $0 |
Courts - Supreme, Superior, District and Administrative 0063
Initiative: Provides funds for indigent defense costs in fiscal year 2007-08.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$450,000 | $0 |
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|
GENERAL FUND TOTAL | $450,000 | ($0) |
JUDICIAL DEPARTMENT | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
GENERAL FUND
|
$0 | $0 |
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|
DEPARTMENT TOTAL - ALL FUNDS | $0 | $0 |
PART K
Sec. K-1. 12 MRSA §6024, sub-§1-A, as repealed and replaced by PL 2007, c. 615, §3, is further amended to read:
PART L
Sec. L-1. 24-A MRSA §6915, as amended by PL 2007, c. 629, Pt. D, §3, is further amended to read:
§ 6915. Dirigo Health Enterprise Fund
The Dirigo Health Enterprise Fund is created as an enterprise fund for the deposit of any funds advanced for initial operating expenses, payments made by employers and individuals, revenues transferred pursuant to Title 28-A, section 1652, subsection 5 and Title 36, section 4853, any payments made pursuant to former section 6913 and section 6913-A and any funds received from any public or private source for the Dirigo Health Program and the Maine Individual Reinsurance Association established by chapter 54. An amount equal to 18.8% of the deposits received by the Dirigo Health Enterprise Fund from revenues transferred pursuant to Title 28-A, section 1652, subsection 5 and Title 36, section 4853, and revenues deposited pursuant to section 6913-A must be transferred to the Maine Individual Reinsurance Association by the first of each month beginning July 1, 2010 2009. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter.
Sec. L-2. PL 2007, c. 629, Pt. K is repealed.
PART M
Sec. M-1. 34-B MRSA §3861, sub-§3, as enacted by PL 2007, c. 580, §2, is amended to read:
(1) The name of the patient, the patient’s diagnosis and the unit on which the patient is hospitalized;
(2) The date that the patient was committed to the institution or institute and the period of the court-ordered commitment;
(3) A statement by the primary treating physician that the patient lacks capacity to give informed consent to the proposed treatment. The statement must include documentation of a 2nd opinion that the patient lacks that capacity, given by a professional qualified to issue such an opinion who does not provide direct care to the patient but who may work for the institute or institution;
(4) A description of the proposed course of treatment, including specific medications, routes of administration and dose ranges, proposed alternative medications or routes of administration, if any, and the circumstances under which any proposed alternative would be used;
(5) A description of how the proposed treatment will benefit the patient and ameliorate identified signs and symptoms of the patient's psychiatric illness;
(6) A listing of the known or anticipated risks and side effects of the proposed treatment and how the prescribing physician will monitor, manage and minimize the risks and side effects;
(7) Documentation of consideration of any underlying medical condition of the patient that contraindicates the proposed treatment; and
(8) Documentation of consideration of any advance health-care directive given in accordance with Title 18-A, section 5-802 and any declaration regarding medical treatment of psychotic disorders executed in accordance with section 11001.
(1) Within one business day of receiving a request under paragraph A, the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall appoint a clinical review panel of 2 or more licensed professional staff who do not provide direct care to the patient. At least one person must be a professional licensed to prescribe medication relevant to the patient's care and treatment. At the time of appointment of the clinical review panel, the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall notify the following persons in writing that the clinical review panel will be convened:
(a) The primary treating physician;
(b) The director of the Office of Adult Mental Health Services within the department or that person's designee;
(c) The patient's designated representative or attorney, if any;
(d) The State's designated federal protection and advocacy agency; and
(e) The patient. Notice to the patient must inform the patient that the clinical review panel will be convened and of the right to assistance from a lay advisor, at no expense to the patient, and the right to obtain an attorney at the patient's expense. The notice must include contact information for requesting assistance from a lay advisor, who may be employed by the institute or institution, and access to a telephone to contact a lay advisor must be provided to the patient.
(2) Within 4 days of receiving a request under paragraph A and no less than 24 hours before the meeting of the clinical review panel, the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall provide notice of the date, time and location of the meeting to the patient's primary treating physician, the patient and any lay advisor or attorney.
(3) The clinical review panel shall hold the meeting and any additional meetings as necessary, reach a final determination and render a written decision ordering or denying involuntary treatment.
(a) At the meeting, the clinical review panel shall receive information relevant to the determination of the patient's capacity to give informed consent to treatment and the need for treatment, review relevant portions of the patient's medical records, consult with the physician requesting the treatment, review with the patient that patient's reasons for refusing treatment, provide the patient and any lay advisor or attorney an opportunity to ask questions of anyone presenting information to the clinical review panel at the meeting and determine whether the requirements for ordering involuntary treatment have been met.
(b) All meetings of the clinical review panel must be open to the patient and any lay advisor or attorney, except that any meetings held for the purposes of deliberating, making findings and reaching final conclusions are confidential and not open to the patient and any lay advisor or attorney.
(c) The clinical review panel shall conduct its review in a manner that is consistent with the patient's rights.
(d) Involuntary treatment may not be approved and ordered if the patient affirmatively demonstrates to the clinical review panel that if that patient possessed capacity, the patient would have refused the treatment on religious grounds or on the basis of other previously expressed convictions or beliefs.
(4) The clinical review panel may approve a request for involuntary treatment and order the treatment if the clinical review panel finds, at a minimum:
(a) That the patient lacks the capacity to make an informed decision regarding treatment;
(b) That the patient is unable or unwilling to comply with the proposed treatment;
(c) That the need for the treatment outweighs the risks and side effects; and
(d) That the proposed treatment is the least intrusive appropriate treatment option.
(5) The clinical review panel may make additional findings, including but not limited to findings that:
(a) Failure to treat the illness is likely to produce lasting or irreparable harm to the patient; or
(b) Without the proposed treatment the patient's illness or involuntary commitment may be significantly extended without addressing the symptoms that cause the patient to pose a likelihood of serious harm.
(6) The clinical review panel shall document its findings and conclusions, including whether the potential benefits of the proposed treatment outweigh the potential risks.
(1) The patient is entitled to the assistance of a lay advisor without expense to the patient. The patient is entitled to representation by an attorney at the patient’s expense.
(2) The patient may review any records or documents considered by the clinical review panel.
(3) The patient may provide information orally and in writing to the clinical review panel and may present witnesses.
(4) The patient may ask questions of any person who provides information to the clinical review panel.
(5) The patient and any lay advisor or attorney may attend all meetings of the clinical review panel except for any private meetings authorized under paragraph B, subparagraph 3, division (b).
(1) For a patient at a state mental health institute, one business day from the date of entry of the order; or
(2) For a patient at a designated nonstate mental health institution, one business day from the date of entry of the order, except that if the patient has requested review of the order by the director of the Office of Adult Mental Health Services within the department under paragraph F, subparagraph (2), the order takes effect one business day from the day on which the director issues a written decision.
(1) An agreement to a different course of treatment by the primary treating physician and patient;
(2) For a patient at a designated nonstate mental health institution, modification or vacation of the order by the director of the Office of Adult Mental Health Services within the department; or
(3) An alteration or stay of the order entered by the Superior Court after reviewing the entry of the order by the clinical review panel on appeal under paragraph F.
(1) The order of the clinical review panel at a state mental health institute is final agency action that may be appealed to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
(2) The order of the clinical review panel at a designated nonstate mental health institution may be reviewed by the director of the Office of Adult Mental Health Services within the department or the designee of the director upon receipt of a written request from the patient submitted no later than one day after the patient receives the order of the clinical review panel. Within 3 business days of receipt of the request for review, the director or designee shall review the full clinical review panel record and issue a written decision. The decision of the director or designee may affirm the order, modify the order or vacate the order. The decision of the director or designee takes effect one business day after the director or designee issues a written decision. The decision of the director or designee is final agency action that may be appealed to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.