Sec. RR-1. 34-B MRSA §1001, sub-§4-A, as enacted by PL 2005, c. 457, Pt. OO, §1 and affected by §5, is repealed.
Sec. RR-2. 34-B MRSA §1205, as amended by PL 2005, c. 457, Pt. OO, §2 and affected by §5, is repealed and the following enacted in its place:
1. Establishment. The Office of Advocacy, referred to in this section as "the office," is established within the Office of Advocacy of the department solely to investigate the claims of rights violations and grievances of clients of the department and to advocate on behalf of clients for compliance by any institution, other facility or agency administered, licensed or funded by the department to serve clients with all laws, administrative rules and institutional and other policies relating to the rights and dignity of clients.
2. Chief advocate. A chief advocate shall direct and coordinate the program of the office.
A. The chief advocate shall report administratively to the commissioner and advise, consult with and inform the commissioner on the issues described in this section.
B. The chief advocate shall select other advocates needed to carry out the intent of this section who report only to the chief advocate.
C. Both the chief advocate and all other advocates are classified state employees.
3. Duties. The Office of Advocacy, through the chief advocate and the other advocates, shall:
A. Receive or refer complaints made by clients of the department and represent the interests of clients in any matter pertaining to the rights and dignity of clients;
B. Intercede on behalf of these clients with officials of the institutions, facilities and agencies administered, licensed or funded by the department, except that the Office of Advocacy may refuse to take action on any complaint that it considers to be trivial or moot or for which there is clearly another remedy available;
C. Assist clients in any hearing or grievance proceeding of the department;
D. Refer clients to other agencies or entities for the purpose of advocating for the rights and dignity of these persons;
E. Act as an information source regarding the rights of all clients, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of the clients and about relevant legal decisions and other developments related to the field of mental health and mental retardation, both in this State and in other parts of the country;
F. Make and publish reports necessary to the performance of the duties described in this section. The chief advocate may report findings of the office to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press, and may authorize the advocates in the office to so communicate. At least annually, the chief advocate shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over mental health and mental retardation matters; and
H. Make all necessary reports to the commissioner to assist the department in assuring compliance with the community consent decree, Consumer Advisory Board et al. V. Glover, No. 91-321-P-C (D. Me., September 28, 1994), as it relates to the responsibilities and functions of the Office of Advocacy.
4. Access to files and records. The Office of Advocacy, through the chief advocate and the other advocates, 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. A copy of an incident report must be provided to the Office of Advocacy by the person making the report.
5. Confidentiality. Requests for action must be treated confidentially as follows.
A. Any client request for action by the office and all written records or accounts related to the request are confidential as to the identity of the client.
B. The records and accounts referred to in paragraph A may be released only as provided by law.
6. Client; definition. For the purposes of this section, "client" means a person receiving, seeking or requesting services for persons with mental retardation.
7. Protection for advocate. An advocate may not be disciplined or sanctioned for any actions taken on behalf of a client.
8. Budget. When submitting a budget request to the Legislature, the department and the Governor shall provide that any funds for the Office of Advocacy be listed in a separate account.
Sec. RR-3. 34-B MRSA §5606, sub-§1, as amended by PL 2005, c. 457, Pt. OO, §3 and affected by §5, 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 pursuant to section 1205Office of Advocacy within the department and to the Attorney General's office.
A. The office of advocacy Office of Advocacy shall conduct an investigation of each alleged violation pursuant to section 1205.
B. The office of advocacy Office of Advocacy shall submit a written report of the findings and results of the investigation to the chief administrative officer of the facility in which the rights of the person receiving services were allegedly violated and to the commissioner within 2 working days after the day of the occurrence or discovery of the alleged incident.
Sec. RR-4. Effective date. This Part takes effect July 1, 2006.
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