An Act To Implement the Recommendations of the Mental Health Working Group
Sec. A-1. 34-B MRSA §3861, sub-§4 is enacted to read:
Sec. A-2. 34-B MRSA §3863, sub-§2, as amended by PL 2009, c. 651, §14, is further amended to read:
Sec. A-3. 34-B MRSA §3863, sub-§3, ¶¶D and E are enacted to read:
(1) The hospital has had an evaluation of the person conducted by an appropriately designated individual and that evaluation concludes that the person poses a likelihood of serious harm due to mental illness;
(2) The hospital, after undertaking its best efforts, has been unable to locate an available inpatient bed at a psychiatric hospital or a psychiatric unit of a hospital or other appropriate alternative; and
(3) The hospital has notified the department of the name of the person, the location of the person, the name of the appropriately designated individual who conducted the evaluation pursuant to subparagraph (1) and the time the person first presented to the hospital.
(1) The hospital satisfies again the requirements of paragraph D; and
(2) The department has notified the hospital that it will provide its best efforts to find an inpatient bed at a psychiatric hospital or other appropriate alternative.
Sec. A-4. 34-B MRSA §3863, sub-§4, ¶B, as amended by PL 2007, c. 319, §9, is further amended to read:
Sec. A-5. 34-B MRSA §3864, sub-§2, as amended by PL 2007, c. 319, §10, is further amended to read:
Sec. A-6. 34-B MRSA §3868, sub-§1, ¶C is enacted to read:
Sec. A-7. 34-B MRSA §3874 is enacted to read:
§ 3874. Medical examinations conducted via telemedicine technologies
Notwithstanding any provision to the contrary in this subchapter, any medical examination or consultation required or permitted to be conducted under this subchapter may be conducted utilizing telemedicine or other similar technologies that enable the medical examination or consultation to be conducted in accordance with applicable standards of care. As used in this section, "telemedicine" has the same meaning as in Title 24-A, section 4316, subsection 1.
Sec. B-1. 34-B MRSA §1212, sub-§2, as amended by PL 2009, c. 268, §11, is further amended to read:
Sec. B-2. 34-B MRSA §3864, sub-§4, ¶A, as amended by PL 2009, c. 651, §21, is further amended to read:
This bill contains the recommendations of the mental health working group pursuant to Resolve 2013, chapter 106.
Part A amends Maine's involuntary hospitalization statutes by:
1. Creating exceptions to the 24-hour hospital emergency hold period to authorize a hospital to detain on an involuntary basis a mentally ill person meeting criteria for emergency psychiatric hospitalization for up to 2 additional 48-hour periods;
2. Making a nonsubstantive clarification to a section of law;
3. Codifying Maine's common law emergency exception to informed consent to authorize a medical practitioner to administer involuntary treatment to a patient being involuntarily held or detained if the patient's condition poses a serious, imminent risk of harm to the patient or others and other conditions are met;
4. Limiting to reasonable costs the State's costs related to transporting certain patients;
5. Allowing for the release or discharge of an involuntary patient if the patient subsequently agrees to voluntary commitment;
6. Clarifying that orders of involuntary commitment and involuntary treatment transfer with a patient who is transferred to a different hospital; and
7. Permitting medical examinations and consultations required or permitted under the State's involuntary hospitalization statutes to be conducted using telemedicine technologies.
Part B expands the duties of the State Forensic Service within the Department of Health and Human Services to include performing the duties of an independent examiner at the direction of the District Court in response to applications for involuntary commitment and involuntary treatment.