Resolve, To Establish a Blue Ribbon Commission To Study Methods of Protecting Emergency Medical Services Personnel during the Transportation of Persons with Mental Illness

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the Blue Ribbon Commission To Study Methods of Protecting Emergency Medical Services Personnel during the Transportation of Persons with Mental Illness is created in this resolve and must issue its findings and report by December 2, 2009; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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, be it

Sec. 1. Commission established. Resolved: That the Blue Ribbon Commission To Study Methods of Protecting Emergency Medical Services Personnel during the Transportation of Persons with Mental Illness, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That the commission consists of 13 members appointed as follows:

1. Five members appointed by the President of the Senate as follows:

2. Seven members appointed by the Speaker of the House as follows:

3. The Commissioner of Health and Human Services or the commissioner’s designee; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs shall call and convene the first meeting of the commission, which may be no later than August 1, 2009; and be it further

Sec. 5. Duties. Resolved: That the commission shall conduct a study and make recommendations on the issue of emergency medical services personnel and the transportation of people with mental illnesses and specifically address the best way to protect emergency medical services workers with established protocols for the occasions when attacks and threats occur to the personnel and when to use law enforcement intervention and arrest as opposed to using commitment to mental health facilities; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the commission; and be it further

Sec. 7. Report. Resolved: That, no later than December 2, 2009, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second Regular Session of the 124th Legislature. The Joint Standing Committee on Criminal Justice and Public Safety is authorized to introduce a bill related to the subject matter of the report to the Second Regular Session of the 124th Legislature upon receipt of the report.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve establishes a blue ribbon commission to conduct a study and make recommendations on the issue of emergency medical services personnel and the transportation of people with mental illnesses and specifically address the best way to protect emergency medical services workers with established protocols for the occasions when attacks and threats occur to the personnel and when to use law enforcement intervention and arrest as opposed to using commitment to mental health facilities. The blue ribbon commission shall make a report and recommendations to the Joint Standing Committee on Criminal Justice and Public Safety, which is authorized to introduce a bill on this matter.