involuntary hospitalization and outpatient services laws - Disability ...

determines that either is required by the medical needs of the patient.
A. The chief administrative officer of the psychiatric hospital or facility shall record and
make available for inspection every use of mechanical restraint or seclusion and the
reasons for its use.
B. The limitation of the use of seclusion in this section does not apply to maximum
security installations.
4. Communication. Patient communication rights are as follows.
A. Every patient is entitled to communicate by sealed envelopes with the department, a
member of the clergy of the patient's choice, the patient's attorney and the court that
ordered the patient's hospitalization, if any.
B. Every patient is entitled to communicate by mail in accordance with the rules of the
psychiatric hospital.
5. Visitors. Every patient is entitled to receive visitors unless definitely contraindicated
by the patient's medical condition, except that the patient may be visited by a member of the
clergy of the patient's choice or the patient's attorney at any reasonable time.
6. Sterilization. A patient may not be sterilized except in accordance with chapter 7.
34B MRSA § 3804. Habeas corpus
Any person detained pursuant to this subchapter is entitled to the writ of habeas corpus,
upon proper petition by himself or by a friend to any justice generally empowered to issue the
writ of habeas corpus in the county in which the person is detained.
34B MRSA § 3805. Prohibited acts; penalty
1. Unwarranted hospitalization. A person is guilty of causing unwarranted
hospitalization, if he willfully causes the unwarranted hospitalization of any person under this
subchapter.
2. Denial of rights. A person is guilty of causing a denial of rights if he willfully causes
/the denial to any person of any of the rights accorded to him by this subchapter.
crime.
3. Penalty. Causing unwarranted hospitalization or causing a denial of rights is a Class C
34B MRSA § 3831. Admission
A hospital for the mentally ill may admit on an informal voluntary basis for care and
treatment of a mental illness any person desiring admission or the adult ward of a legally
appointed guardian, subject to the following conditions.
1. Availability of accommodations. Except in cases of medical emergency, voluntary
44