Maine Revised Statutes Title 34-B Sec. 3867 – Transfer from out-of-state institutions
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1. Commissioner‘s authority. The commissioner may, upon request of a competent authority of the District of Columbia or of a state that is not a member of the Interstate Compact on Mental Health, authorize the transfer of a mentally ill person directly to a state mental health institute in Maine, if:
A. The person has resided in this State for a consecutive period of one year during the 3-year period immediately preceding commitment in the other state or the District of Columbia; [PL 2007, c. 319, §13 (AMD).]
B. The person is currently confined in a recognized institution for the care of the mentally ill as the result of proceedings considered legal by that state or by the District of Columbia; [PL 2007, c. 319, §13 (AMD).]
C. A duly certified copy of the original commitment proceedings and a copy of the person’s case history is supplied; [PL 2007, c. 319, §13 (AMD).]
D. The commissioner, after investigation, considers the transfer justifiable; and [PL 1997, c. 422, §20 (AMD).]
E. All expenses of the transfer are borne by the agency requesting it. [PL 1983, c. 459, §7 (NEW).]
[PL 2007, c. 319, §13 (AMD).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 3867
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Mentally ill person: includes persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol. See Maine Revised Statutes Title 34-B Sec. 3801
- Patient: means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. See Maine Revised Statutes Title 34-B Sec. 3801
- State mental health institute: means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center. See Maine Revised Statutes Title 34-B Sec. 3801
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Receipt of patient. When the commissioner has authorized a transfer under this section, the superintendent of the state mental health institute designated by the commissioner shall receive the patient as having been regularly committed to the state mental health institute under section 3864.
[PL 2007, c. 319, §13 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1997, c. 422, §20 (AMD). PL 2007, c. 319, §13 (AMD).