Maine Revised Statutes Title 22 Sec. 51 – Exemption to written informed consent requirement for mental health services and substance use disorder treatment during public health emergency
Current as of: 2023 | Check for updates
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Licensed facility” means a facility licensed under Title 5, section 20005, subsection 6, paragraph B or Title 34?B, section 1203?A. [PL 2021, c. 637, §1 (NEW).]
B. “Public health emergency” means a federal public health emergency declared pursuant to 42 United States Code § 247d or a state public health emergency declared pursuant to section 802 or Title 37?B, chapter 13, subchapter 2. [PL 2021, c. 637, §1 (NEW).]
[PL 2021, c. 637, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 51
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Informed consent. The department may not require a licensed facility to obtain written informed consent from a person receiving mental health services or substance use disorder treatment from the licensed facility during a public health emergency. A licensed facility shall obtain consent from a person receiving mental health services or substance use disorder treatment during a public health emergency; such consent may be obtained through verbal, electronic or written means.
[PL 2021, c. 637, §1 (NEW).]
3. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2021, c. 637, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 637, §1 (NEW).