LD 1866

APPROVED  CHAPTER
  JUNE 17, 2025  349
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-FIVE
  _____
  S.P. 736 - L.D. 1866
      An Act to Amend the Laws Regarding the State-designated Agency
  Advocating for Individuals with Serious Mental Illness
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 34-B MRSA §3012 is enacted to read:
§3012. Advocacy services for individuals with serious mental illness
     1. Legislative intent. It is the intent of the Legislature to effectuate the State's
commitment to protecting the rights of individuals with serious mental illness, as
demonstrated by the successful resolution and dismissal of the Augusta Mental Health
Institute Consent Decree, issued on December 3, 2024, by the Superior Court, Kennebec
County, Civil Action Docket No. 89-88. Independent advocacy was a key component of
the system improvements that supported that resolution, and the Legislature seeks to ensure
that those protections continue through the ongoing delivery of advocacy services in both
institutional and community settings.
     2. Contract for protection and advocacy services. The department shall contract
with and make a good faith effort to obtain sufficient appropriations to fund the agency
designated under Title 5, section 19502 to carry out the duties related to protecting the
rights of individuals with serious mental illness in both institutional and community
settings. The contract must be consistent with the scope of authority and protections
provided in Title 5, chapter 511 and must ensure that advocacy services are provided
statewide through a presence in at least 5 geographically dispersed areas.
    3. Access to state mental health institute records. In addition to the agency's
authority to access records under Title 5, chapter 511 and notwithstanding subsection 1207,
the agency contracted under subsection 2 may access medical records of individuals with
serious mental illness who are hospitalized in a state mental health institute as defined in
section 3801, subsection 9 when necessary to provide advocacy services as authorized
under Title 5.
    4. Medical advice. Advocates providing services in accordance with this section are
prohibited from providing medical advice.
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