Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury
Section 197-1-04 - RIGHTS AND BASIC PROTECTIONS OF PERSONS WITH AN INTELLECTUAL DISABILITY, AUTISM SPECTRUM DISORDER OR ACQUIRED BRAIN INJURY
Current through 2024-38, September 18, 2024
All persons with an Intellectual Disability or Autism Spectrum Disorder, are entitled to the following rights and basic protections. Persons with an Acquired Brain Injury are entitled to the rights listed in 1.04-1 to -18. These listed rights and basic protections may be limited or suspended by court order. Providers, entities, organizations, and individuals shall not infringe upon any of these rights and basic protections except as otherwise permitted by law or by the person or their guardian.
1. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the rights enjoyed by citizens of Maine and the United States.
2. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to be treated humanely and with dignity.
3. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to receive appropriate medical and dental treatment and care for physical and mental ailments and for the prevention of any illness or disability, consistent with the accepted standards of medical practice in the community, unless the religion of the person prohibits the treatment.
4. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury shall be free from abuse, neglect or exploitation.
5. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to vote subject to the rules that apply to all citizens.
6. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to religious practice and to refrain from participating in religious activities.
7. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has a right to privacy.
8. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right, privately, to send and receive mail, phone calls, and internet and other forms of electronic communications without another person interfering, delaying, or monitoring your communication.
9. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to unrestricted visitations during reasonable hours unless this right has been restricted pursuant to rules adopted pursuant to 34-B M.R.S. § 5604.
10. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to not be discriminated against because of their actual or perceived race, color, gender identity, sex, sexual orientation, physical or mental disability, ancestry, national origin, religion, or age, in employment, housing, access to public accommodations, and the extension of credit.
11. All records of a Person Receiving Services must remain confidential unless the Person Receiving Services or their guardian signs a release for their disclosure and except as otherwise provided by law or court order.
12. A Person Receiving Services is entitled to access their medical records.
13. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury may not be sterilized, except with informed consent and pursuant to court order issued in accordance with 34-B M.R.S. §§ 7001-16.
14. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury, who is employed, has the right to engage in employment programs that comply with state and federal wage and hours law and is entitled to fair compensation for employment in compliance with federal labor regulations.
15. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to possess and use personal property except when temporary custody of clothing or personal effects of a Person Receiving Services by a Provider is necessary to protect the person or others from imminent injury or unless this right has been restricted pursuant to rules adopted pursuant to 34-B M.R.S. § 5604.
16. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to nutritious food in adequate quantities and meals may not be withheld for disciplinary reasons.
17. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to opportunities for behavioral and leisure time activities, including social interaction within the community as set forth in 34-B M.R.S. § 5610. This right may be waived or restricted only under the rules adopted pursuant to 34-B M.R.S § 5604 or pursuant to a treatment plan approved pursuant to 34-B M.R.S. § 5603(1).
18. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right to physical exercise and recreation, including access to the outdoors and the use of available indoor and outdoor facilities and equipment.
19. A person with an Intellectual Disability or Autism Spectrum Disorder may only be subjected to behavior modification or management techniques in accordance with 34-B M.R.S. § 5605(13) and 14-197 C.M.R. ch. 5.
20. A person with an Intellectual Disability or Autism Spectrum Disorder has the right to be free from behavioral modifications or behavior management programs that include Corporal Punishment, Seclusion, actions or language intended to humble, dehumanize or degrade, totally enclosed cribs or beds, or Painful stimuli.
21. A person with an Intellectual Disability or Autism Spectrum Disorder has the right to be free from Restraint, unless the Restraint is:
22. A person with an Intellectual Disability or Autism Spectrum Disorder may not be subjected to a Therapeutic Device or Intervention unless the Therapeutic Device or Intervention is prescribed by a qualified professional, individualized to the person's needs, and designed and applied with concern for principles of good body alignment, circulation, and allowance for change of position.
23. A person with an Intellectual Disability or Autism Spectrum Disorder may not be subjected to a Safety Device unless the Safety Device is prescribed by a physician, individualized to the person's needs, and designed and applied with concern for principles of good body alignment, circulation, and allowance for change of position.
