Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL
Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES
Section 191-1-II - DEFINITIONS

A. Appointing authority - For purposes of this rule, the appointing authority shall be the commissioner of the Department of Mental Health and Mental Retardation.

B. At Risk - At risk situations are those in which a client is recognized to be at greater than normal jeopardy (the jeopardy an average citizen experiences to day-to-day living) when taking into consideration the client's mental and physical condition.

C. Aversive behavior modification programs - An aversive behavior modification program is a program designed to involve the use of noxious or painful stimuli or one which manipulates or limits a client's capability to exercise fully his basic rights, as enumerated in the Rights of Mentally Retarded Persons ( 34-B MRSA subsection5601 et seq.).

D. Experimentation -- The Term "experimentation", for purposes of this rule, shall include the use of any non-FDA approved drug or the use of any drug which has not been approved by the FDA for its currently contemplated usage. In addition, experimentation shall mean the use of any procedure which has not been fully accepted by national professional organizations representing the discipline with primary responsibility for the development and implementation of the proposed procedures.

E. Investigate - Investigate, for purposes of this rule, shall mean the review and monitoring functions specified in Section VII S ection VIII and Section IX of this rule.

F. Medications used as restraint - Any medication prescribed for the purpose of omitting an individual's volitional movement or subduing an Individual shall' be considered medication used as a restraint. In addition, any drug which has as a major side effect, this restraining characteristic may be considered as a medication used as a restraint.

G. Medications used as behavior modifiers - Any medication prescribed for the purpose of modifying a client's behavior, and which medication is not medically Indicated as a drug of treatment for a special medical condition such as seizure control. shall be deemed medication used as a restraint.

H. Restraint - Restraint, for purposes of this rule, shall be defined as any mechanical device, medication, or environmental enclosure which is designed to inhibit the free movement of a client. In a11 cases, restraints shall be designed to impose the least possible restriction for the client consistent with the purpose of the restraint. Totally enclosed cribs, barred enclosures, and physically restraining interventions shall be considered restraints.