34-B §5473. Voluntary admissions - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 5: MENTAL RETARDATION

Subchapter 3: SERVICES FOR MENTALLY RETARDED PERSONS

Article 3: PROCEDURES

§5473. Voluntary admissions

1. Respite care. Respite care may be provided to any client by a facility without full compliance with the procedures for admission by judicial certification under section 5475, if it is recommended by a planning team and a service agreement has been completed.

A. The purpose of the respite care is for evaluation, diagnosis or other clearly stated and broadly defined therapeutic purposes of the client or the client's family. [2003, c. 389, §16 (AMD).]

B. Respite care may be provided, upon application to the regional office of the department by the client, guardian or parent, for not more than 21 days at a time and not more than 60 days during any 12-month period. [1995, c. 560, Pt. K, §59 (AMD).]

C. Continuing placement in the facility beyond the time periods stated in paragraph B, if indicated, may be accomplished only upon full compliance with procedures described by this chapter. [1983, c. 459, §7 (NEW).]

[ 2003, c. 389, §16 (AMD) .]

2. Regular admission. A client may be admitted for extended treatment and care if the following steps have been complied with.

A. An application for admission has been made by the client, a representative of his choice, the client's guardian, the client's next of kin or any other responsible person. [1983, c. 459, §7 (NEW).]

B. The director of a regional office or his designee has certified that he believes that the compelling needs of the client are not being met and has stated the factual basis of that belief. [1983, c. 459, §7 (NEW).]

C. An initial personal planning process has been developed. [2003, c. 389, §17 (AMD).]

D. The requirements of informed consent under subsection 3 or of judicial certification under section 5475 have been met. [1983, c. 459, §7 (NEW).]

[ 2003, c. 389, §17 (AMD) .]

3. Admission by informed consent. The client may be admitted to a facility by informed consent if the chief administrative officer of the facility or his designee has determined that:

A. The client has been informed of and understands both the nature, purpose and proposed duration of the admission, and the provisions of section 5480 regarding the client's right to leave and the limitations on that right; and [1983, c. 459, §7 (NEW).]

B. The client voluntarily consents to the proposed admission. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

4. Medical admission to the Benda Hospital at Pineland Center.

[ 1995, c. 395, Pt. G, §17 (RP); 1995, c. 395, Pt. G, §20 (AFF) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1993, c. 410, §CCC41 (AMD). 1995, c. 395, §G17 (AMD). 1995, c. 395, §G20 (AFF). 1995, c. 560, §K59 (AMD). 2003, c. 389, §§16,17 (AMD).