Maine § 34-B §3871 Discharge

Maine Statutes

§ 34-B §3871 — Discharge

Maine·Title 34-B BEHAVIORAL AND DEVELOPMENTAL SERVICES·Ch. 3 MENTAL HEALTH

1.Examination. The chief administrative officer of a psychiatric hospital shall, as often as practicable, but no less often than every 30 days, examine or cause to be examined every patient to determine that patient's mental status and need for continuing hospitalization.

2.Conditions for discharge. The chief administrative officer of a psychiatric hospital shall discharge, or cause to be discharged, any patient when:

3.Discharge against medical advice. The chief administrative officer of a psychiatric hospital may discharge, or cause to be discharged, any patient even though the patient is mentally ill and appropriately hospitalized in the psychiatric hospital, if: 3-A. Discharge limited. A psychiatric hospital may not discharge a person committed under section 3864 solely because the

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1.
Examination.
The chief administrative officer of a psychiatric hospital shall, as often as practicable, but no less often than every 30 days, examine or cause to be examined every patient to determine that patient's mental status and need for continuing hospitalization.
2.
Conditions for discharge.
The chief administrative officer of a psychiatric hospital shall discharge, or cause to be discharged, any patient when:
3.
Discharge against medical advice.
The chief administrative officer of a psychiatric hospital may discharge, or cause to be discharged, any patient even though the patient is mentally ill and appropriately hospitalized in the psychiatric hospital, if:
3-A.
Discharge limited.
A psychiatric hospital may not discharge a person committed under section 3864 solely because the person is placed in execution of a sentence in a county jail.
4.
Reports.
5.
Notice.
Notice of discharge is governed as follows.
6.
Discharge to progressive treatment program.
If a person participates in the progressive treatment program under section 3873‑A, the time period of a commitment under this section terminates on entry into the progressive treatment program.
7.
Firearms and discharge planning.
Discharge planning must include inquiries and documentation of those inquiries into access by the patient to firearms and notification to the patient, the patient’s family and any other caregivers that possession, ownership or control of a firearm by the person to be discharged is prohibited pursuant to Title 15, section 393, subsection 1. As used in this subsection, "firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A.

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Legislative History

PL 1983, c. 459, §7 (NEW). PL 1995, c. 496, §§7,8 (AMD). PL 1997, c. 422, §23 (AMD). PL 2005, c. 519, §BBBB13 (AMD). PL 2005, c. 519, §BBBB20 (AFF). PL 2007, c. 319, §17 (AMD). PL 2009, c. 281, §4 (AMD). PL 2009, c. 451, §11 (AMD). PL 2009, c. 651, §27 (AMD).