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.

Sec. 2. 34-B MRSA §5605, sub-§13, ¶C is enacted to read:

C.__Notwithstanding paragraph B, for a child under 18 years of age, treatment programs involving the use of seclusion or any noxious or painful stimuli, as defined in department rules, may not be approved.

Sec. 3. 34-B MRSA §5605, sub-§14, ¶D-1, as amended by PL 2003, c. 368, §2, is repealed and the following enacted in its place:

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 and only:

(1)__When recommended by a qualified professional after approval of the person's service plan;

(2)__For an adult 18 years of age or older, when use of the device is approved by a review team composed of an advocate from the Office of Advocacy, 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, when use of the device is approved by a review team composed of an advocate from the Office of Advocacy, a team leader of the department's children's services division and the children's services medical director or the director's designee.