1. Hours of visitation. Subject to reasonable rules regarding hours of visitation that the commissioner may adopt, patients in any approved treatment facility must be granted opportunities for adequate consultation with counsel and for continuing contact with family and friends consistent with an effective treatment program.

[PL 2011, c. 657, Pt. AA, §41 (AMD).]

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Terms Used In Maine Revised Statutes Title 5 Sec. 20048

  • Approved treatment facility: means a public or private alcohol treatment facility meeting standards approved by the department in accordance with section 20005 and licensed pursuant to subchapter 5 and other applicable provisions of state law. See Maine Revised Statutes Title 5 Sec. 20003
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 5 Sec. 20003
  • Treatment program: means any program or service, or portion of a program or service, sponsored under the auspices of a public or private nonprofit agency providing services especially designed for the treatment of those persons listed in subsection 22. See Maine Revised Statutes Title 5 Sec. 20003
2. Communication. Mail or other communication to or from a patient in any approved treatment facility may not be intercepted, read or censored. The commissioner may adopt reasonable rules regarding the use of telephones by patients in approved treatment facilities.

[PL 2011, c. 657, Pt. AA, §41 (AMD).]

3. Restrictions. The patient may exercise all civil rights, including, but not limited to, civil service status; the right to vote; rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law; and the right to enter contractual relationships and to manage the patient’s property, except:
A. To the extent the commissioner determines that it is necessary for the medical welfare of the patient to impose restrictions, unless the patient has been restored to legal capacity; or [PL 2011, c. 657, Pt. AA, §41 (AMD).]
B. When specifically restricted by other laws or rules. [PL 1989, c. 934, Pt. A, §3 (NEW).]
Restrictions on the exercise of civil rights may not be imposed on any patient solely because of the fact of that person’s admission to a mental hospital.

[PL 2011, c. 657, Pt. AA, §41 (AMD).]

SECTION HISTORY

PL 1989, c. 934, §A3 (NEW). PL 2011, c. 657, Pt. AA, §41 (AMD).