CHAPTER 245
H.P. 1184 - L.D. 1607
An Act to Further Protect the Rights of Persons with Mental Retardation or Autism
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §5605, sub-§13, as amended by PL 1993, c. 326, §9, is further amended to read:
13. Behavioral treatment. Behavior modification Behavioral treatment of persons receiving services a person with mental retardation or autism is governed as follows.
A. A person receiving services with mental retardation or autism may not be subjected to a treatment program to eliminate bizarre or unusual dangerous or maladaptive behavior without first being examined by a physician to rule out the possibility that the behavior is organically caused.
A-1. Behavioral treatment programs may contain both behavior modification and behavior management components. Behavior modification components consist of interventions designed to assist a person with mental retardation or autism to learn to replace dangerous or maladaptive behavior with safer and more adaptive behavior. Behavior management components consist of systematic strategies to prevent the occurrence of dangerous or maladaptive behaviors by minimizing or eliminating environmental or other factors that cause those behaviors.
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 receiving services 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 the approval, following a case-by-case review, of the chief administrative officer of the residential facility and; a representative of the person's residence, day program or work site; an advocate of the department; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.
Sec. 2. 34-B MRSA §5605, sub-§14, ¶C, as amended by PL 1993, c. 326, §9, is further amended to read:
C. Physical restraints may not cause physical injury to the person receiving services and must be designed to allow the greatest possible comfort and safety.
Sec. 3. 34-B MRSA §5605, sub-§14, ¶D-1 is enacted 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; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.
Sec. 4. 34-B MRSA §5605, sub-§14, ¶E, as amended by PL 1993, c. 326, §9, is further amended to read:
E. Daily reports on the use of restraints must be made to the appropriate chief administrative officer of the facility. The report must be reported to the department in any manner required by the department.
(1) The reports must summarize all cases involving the use of restraints, the type of restraints used, the duration of usage and the reasons for the usage.
(2) A monthly summary of the reports must be relayed to the Office of Advocacy.
Effective September 21, 2001, unless otherwise indicated.
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