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An Act To Change the Process by Which Designated Nonstate Mental Health Institutions Petition the District Court To Admit Certain Patients to a Progressive Treatment Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §3873-A, sub-§1, as amended by PL 2011, c. 492, §1, is further amended to read:
 
1. Application.   The superintendent or chief administrative officer of a psychiatric hospital, the commissioner, the director of an ACT team, a medical practitioner, a law enforcement officer or the legal guardian of the patient who is the subject of the application may obtain an order from the District Court to admit a patient to a progressive treatment program upon the following conditions:
 
A. The patient suffers from a severe and persistent mental illness;
 
B. The patient poses a likelihood of serious harm;
 
C. The patient has the benefit of a suitable individualized treatment plan;
 
D. Licensed and qualified community providers are available to support the treatment plan;
 
E. The patient is unlikely to follow the treatment plan voluntarily;
 
F. Court-ordered compliance will help to protect the patient from interruptions in treatment, relapses or deterioration of mental health; and
 
G. Compliance will enable the patient to survive more safely in a community setting without posing a likelihood of serious harm.
 
If the patient who is the subject of the application is under observation, treatment or care at a designated nonstate mental health institution, the superintendent or chief administrative officer of the institution may request the commissioner to obtain an order from the District Court to admit the patient to a progressive treatment program under this subsection.
 
SUMMARY
This bill changes the process by which a petition to the District Court is made to admit a patient at a designated nonstate mental health institution to a progressive treatment program. Current law provides that the superintendent or chief administrative officer of a psychiatric hospital, including a designated nonstate mental health institution, directly petition the District Court. This bill provides that the superintendent or chief administrative officer of a designated nonstate mental health institution request the Commissioner of Health and Human Services to petition the District Court on the superintendent's or chief administrative officer's behalf.