(1) On the recommendation of a physician, psychiatrist or psychologist; and

(2) With the approval, following a case-by-case review, of the chief administrative officer of the residential facility; a representative of the person's residence, day program or work site; an advocate or adult protective investigator of the department Office of Advocacy and Adult Protective Services; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.

Sec. 5. 34-B MRSA §5605, sub-§14, ¶D-1, as enacted by PL 2001, c. 245, §3, is amended to read:

D-1. A device whose effect is to reduce or inhibit a person's movement in any way but whose purpose is to maintain or ensure the safety of the person is not considered behavioral treatment. Such a device may be used only in conformity with applicable state and federal rules and regulations, when recommended by a qualified professional after approval of the person's service plan and when use of the device is approved by the chief administrative officer of the residential care facility; a representative of the person's residence, day program or work site; an advocate of the department Office of Advocacy and Adult Protective Services; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.

Sec. 6. 34-B MRSA §5606, sub-§1, as amended by PL 1993, c. 326, §10, is further amended to read:

1. Report and investigation. Any alleged violation of the rights of a person receiving services must be reported immediately to the Office of Advocacy of the department and to the Attorney General's office and Adult Protective Services.

A. The Office of Advocacy and Adult Protective Services shall conduct an investigation of each alleged violation pursuant to section 1205.

B. The Office of Advocacy and Adult Protective Services 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