APPROVED CHAPTER
JUNE 11, 2021 165
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 46 - L.D. 38
An Act To Clarify the Timing of an Appeal of a Finding Regarding
Involuntary Mental Health Treatment at a Designated Nonstate Mental
Health Institution
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §3861, sub-§3, ¶F, as amended by PL 2011, c. 657, Pt. DD,
§4, is further amended to read:
F. The provisions of this paragraph apply to the review and appeal of an order of the
clinical review panel entered under paragraph B.
(1) The order of the clinical review panel at a state mental health institute is final
agency action that may be appealed to the Superior Court in accordance with Rule
80C of the Maine Rules of Civil Procedure.
(2) The order of the clinical review panel at a designated nonstate mental health
institution may be reviewed by the commissioner or the commissioner's designee
upon receipt of a written request from the patient submitted no later than one
business day after the patient receives the order of the clinical review panel. Within
3 business days of receipt of the request for review, the designated nonstate mental
health institution shall submit the full clinical review panel record to the
commissioner or the commissioner’s designee. Within 3 business days of receipt
of the request for review, the patient and the designated nonstate mental health
institution may submit written arguments to the commissioner or the
commissioner's designee. The commissioner or the commissioner's designee shall
review the full clinical review panel record and issue a written decision and any
written arguments submitted pursuant to this subparagraph for abuse of discretion,
error of law or findings not supported by substantial evidence in the record. Within
3 business days of the receipt of the full clinical review panel record and any
written arguments, the commissioner or the commissioner’s designee shall issue a
decision. The decision of the commissioner or the commissioner's designee may
affirm the order, modify the order or vacate the order. The decision of the
commissioner or the commissioner's designee takes effect one business day after
the commissioner or the commissioner's designee issues a written decision. The
Page 1 - 130LR0184(03)
decision of the commissioner or the commissioner's designee is final agency action
that may be appealed to the Superior Court in accordance with Rule 80C of the
Maine Rules of Civil Procedure.
Page 2 - 130LR0184(03)


Statutes affected:
Bill Text LD 38, SP 46: 34-B.3861
Bill Text ACTPUB , Chapter 165: 34-B.3861