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2012 Maine Revised Statutes
TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES
Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM
34-B §5606. Violations


34-B ME Rev Stat § 5606 (2012 through 125th Legis) What's This?

Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM HEADING: PL 1993, C. 326, §1 (RPR)

§5606. Violations

1. Report and investigation. Any alleged violation of the rights of a person receiving services must be reported immediately to the advocacy agency designated pursuant to Title 5, section 19502, referred to in this subsection as "the agency," and to the Attorney General's office.

A. The agency shall conduct an investigation of each alleged violation pursuant to section 5005-A. [2011, c. 657, Pt. EE, §11 (AMD).]

B. The agency shall submit a written report of the findings and results of the investigation to the chief administrative officer of the facility in which the rights of the person receiving services were allegedly violated and to the commissioner within 2 working days after the day of the occurrence or discovery of the alleged incident. [2011, c. 657, Pt. EE, §11 (AMD).]

[ 2011, c. 657, Pt. EE, §11 (AMD) .]

2. Civil liability. Any person who violates or abuses any rights or privileges of persons receiving services granted by this subchapter is liable for damages as determined by law.

A. Civil damages may be awarded for negligent or intentional violations of this subchapter. [1983, c. 459, §7 (NEW).]

B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to a civil action under this subchapter. [1993, c. 326, §10 (AMD).]

[ 1993, c. 326, §10 (AMD) .]

3. Prohibited acts; penalty; defense. A person is guilty of violation of the rights of a person with an intellectual disability or autism who is receiving services if that person intentionally violates or abuses any rights or privileges of persons receiving services granted by this subchapter.

A. Violation of the rights of a person with an intellectual disability or autism who is receiving services is a Class E crime. [2011, c. 542, Pt. A, §130 (AMD).]

B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to prosecution under this subchapter. [1993, c. 326, §10 (AMD).]

[ 2011, c. 542, Pt. A, §130 (AMD) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1993, c. 326, §10 (AMD). 2005, c. 457, §OO3 (AMD). 2005, c. 457, §OO5 (AFF). 2005, c. 519, §RR3 (AMD). 2005, c. 519, §RR4 (AFF). 2007, c. 356, §26 (AMD). 2007, c. 356, §31 (AFF). 2011, c. 542, Pt. A, §130 (AMD). 2011, c. 657, Pt. EE, §11 (AMD).

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