Maine Legislature Maine Revised Statutes
  • Session Law
  • Statutes
  • Maine State Constitution
  • Information
  • §51 PDF
  • §51 MS-Word
  • Statute Search
  • Ch. 1 Contents
  • Title 22 Contents
  • List of Titles
  • Maine Law & Disclaimer
  • Revisor's Office
  • Maine Legislature
§50
Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subchapter 2: ADMINISTRATION
§251

§51. Exemption to written informed consent requirement for mental health services and substance use disorder treatment during public health emergency

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, Section 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).]
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).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
Data for this page extracted on 1/07/2025 11:10:17.
Maine Government
Legislature • Executive • Judicial • Agency Rules
Visit the State House
Tour Guide • Accessibility • Security Screening • Directions & Parking
Email
Office of the Revisor of Statutes