Sec. 1. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2003, c. 368, §1, is further amended to read:

B. Treatment programs involving the use of noxious or painful stimuli or other aversive or severely intrusive techniques may be used only to correct behavior more harmful to the person with mental retardation or autism than is the treatment program and only:

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

(2) With For an adult 18 years of age or older, with the approval, following a case-by-case review, of an advocate of the department; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.; and

(3)__For a child under 18 years of age, with the approval, following a case-by-case review, of a review team composed of an advocate of the department, a team leader of the department's children's services division and the children's services medical director or the director's designee.__Until rules are adopted by the department to govern such reviews, the team may not approve techniques any more aversive or intrusive than are permitted in rules adopted by the Secretary of the United States Department of Health and Human Services for use in nonmedical community-based facilities for children and youth funded under the Medicaid program.

For a child under 18 years of age, the team may not approve the use of seclusion or any noxious or painful stimuli as one or part of an aversive or intrusive technique to correct behavior.

The department may adopt rules as necessary to implement this paragraph.__Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill establishes requirements for approval of a behavioral treatment program involving the use of aversive or severely intrusive techniques for a person with mental retardation or autism who is under 18 years of age.