Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE
- Section 197-5-1 - STATEMENT OF PRINCIPLES AND INTENT
- Section 197-5-2 - DEFINITIONS
- Section 197-5-3 - SUPPORTING A PERSON WHO IS ENGAGING IN CHALLENGING BEHAVIOR
- Section 197-5-4 - POSITIVE SUPPORT (Levels 1-2)
- Section 197-5-5 - BEHAVIOR MANAGEMENT (Levels 3-5)
- Section 197-5-6 - PROHIBITED PRACTICES
- Section 197-5-7 - PROCEDURES FOR REVIEW AND APPROVAL OF POSTIVE SUPPORT PLANS AND BEHAVIOR MANAGEMENT PLANS
- Section 197-5-8 - EMERGENCY INTERVENTIONS, INCLUDING RESTRAINT, REMOVAL OF PERSONAL PROPERTY AND SPECIALIZED RESTRAINT
- Section 197-5-9 - TRANSITION OF EXISTING PLANS
- Section 197-5-10 - THE USE AND REVIEW OF SAFETY DEVICES
- Appendix 197-5-ONE - FUNCTIONAL ASSESSMENT REQUIREMENTS
- Appendix 197-5-TWO - POSITIVE SUPPORT PLAN REQUIREMENTS
- Appendix 197-5-THREE - IN-HOME STABILIZATION
- Appendix 197-5-FOUR - LEVELS OF INTERVENTION: POSITIVE SUPPORT AND BEHAVIOR MANAGEMENT PLANS (LEVELS 1-5)
- Appendix 197-5-FIVE - PROHIBITED PRACTICES
Current through 2024-38, September 18, 2024
SUMMARY: These regulations are designed to implement Maine law regarding the Rights of Persons with Intellectual Disabilities or Autism. These laws are primarily found in 34-B Maine Revised Statutes (henceforth M.R.S.) §§5601- 561 0 ("Rights of Persons with Intellectual Disabilities or Autism").
APPLICABILITY: These regulations protect the Rights of Maine citizens with Intellectual Disabilities or Autism who are age eighteen or older. These regulations apply to any adult with Intellectual Disabilities or Autism who receives services that are provided, licensed, or funded in whole or in part, directly or through a contractor, by the Department of Health and Human Services. Unless otherwise specified, these regulations apply in all circumstances where a Person who receives services is experiencing Challenging Behaviors.
These regulations do not apply within hospitals, schools or correctional settings; nor do they apply to court-ordered restrictions, other than Guardianship. These regulations do not apply to:
(1) the use of Therapeutic Devices implemented under the supervision of a medical doctor, or occupational or physical therapist,
(2) medical practice for the treatment of a medical condition, or
(3) the use of Psychiatric Medication for treatment of a diagnosed mental illness, when the use of such device, intervention, medical practice or medication is not intended primarily for Behavior Modification or Management. It is the responsibility of the Person's Planning Team to review and monitor these interventions.
STATUTORY AUTHORITY: 22 M.R.S. §42 ; 34-B M.R.S.A. §5201(9) , §5465 , and §§5601 et seq.
