Maine Revised Statutes Title 5 Sec. 19509 – Notice of death or injury
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Notwithstanding any provision of law to the contrary, the following provisions apply to psychiatric hospitals, hospital units that are equipped to provide inpatient care and treatment for persons with mental illness, state mental health institutes and state-operated psychiatric treatment facilities. Notice provided under this section must be provided within 7 days of the date of the death, attempted suicide or the incident causing a serious injury resulting in significant impairment of physical condition. Notice provided under this section must include the name of the person with a disability; the name, address and telephone number of that person’s legal guardian, conservator or legal representative and parent if that person is a minor; a detailed description of the occurrence and any injuries sustained; the name, street address and telephone number of the facility; and the name and job title of the person providing the notice. [PL 2001, c. 471, Pt. D, §8 (AMD); PL 2001, c. 471, Pt. D, §10 (AFF).]
1. Psychiatric hospitals; hospital units. A psychiatric hospital or a hospital unit that is equipped to provide inpatient care and treatment for persons with mental illness shall provide the agency with access to information relating to the death of any person with a disability who died while in the psychiatric hospital or hospital unit in seclusion or restraint, whose death occurred within 24 hours of being in seclusion or restraint in the psychiatric hospital or hospital unit or when it is reasonable to conclude that the death is a result of having been in seclusion or restraint in the psychiatric hospital or hospital unit.
[PL 2001, c. 471, Pt. D, §9 (AMD); PL 2001, c. 471, Pt. D, §10 (AFF).]
Terms Used In Maine Revised Statutes Title 5 Sec. 19509
- Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
- Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503
- Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503
2. State mental health institutes; state-operated psychiatric treatment facilities. A state mental health institute or state-operated psychiatric treatment facility shall notify the agency and provide access to information relating to a person with a disability if that person, while in the hospital, has died, attempted suicide or sustained a serious injury resulting in significant impairment of physical condition. For the purposes of this subsection, significant impairment includes serious injuries resulting from burns, lacerations, bone fractures, substantial hematoma and injuries to internal organs whether self-inflicted or inflicted by another person.
[PL 2001, c. 357, §16 (NEW).]
3. Department. The Department of Health and Human Services shall, within 3 days of receipt, forward to the agency all notices received pursuant to Title 34?B, section 3861, subsection 1, paragraph E.
[PL 2007, c. 89, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 357, §16 (NEW). PL 2001, c. 471, §§D8,9 (AMD). PL 2001, c. 471, §D10 (AFF). PL 2007, c. 89, §1 (AMD).