Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 4: RIGHTS OF PERSONS WITH MENTAL RETARDATION 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 Office of Advocacy within the department and to the Attorney General's office.
A. The Office of Advocacy shall conduct an investigation of each alleged violation pursuant to section 5005. [2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF).]
B. The Office of Advocacy 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. [2005, c. 519, Pt. RR, §3 (AMD); 2005, c. 519, Pt. RR, §4 (AFF).]
[ 2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF) .]
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 mental retardation 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 mental retardation or autism who is receiving services is a Class E crime. [1993, c. 326, §10 (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).]
[ 1993, c. 326, §10 (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).
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 4: RIGHTS OF PERSONS WITH MENTAL RETARDATION 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 Office of Advocacy within the department and to the Attorney General's office.
A. The Office of Advocacy shall conduct an investigation of each alleged violation pursuant to section 5005. [2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF).]
B. The Office of Advocacy 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. [2005, c. 519, Pt. RR, §3 (AMD); 2005, c. 519, Pt. RR, §4 (AFF).]
[ 2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF) .]
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 mental retardation 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 mental retardation or autism who is receiving services is a Class E crime. [1993, c. 326, §10 (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).]
[ 1993, c. 326, §10 (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).
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 4: RIGHTS OF PERSONS WITH MENTAL RETARDATION 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 Office of Advocacy within the department and to the Attorney General's office.
A. The Office of Advocacy shall conduct an investigation of each alleged violation pursuant to section 5005. [2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF).]
B. The Office of Advocacy 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. [2005, c. 519, Pt. RR, §3 (AMD); 2005, c. 519, Pt. RR, §4 (AFF).]
[ 2007, c. 356, §26 (AMD); 2007, c. 356, §31 (AFF) .]
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 mental retardation 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 mental retardation or autism who is receiving services is a Class E crime. [1993, c. 326, §10 (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).]
[ 1993, c. 326, §10 (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).
