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
Appendix 197-5-FIVE - PROHIBITED PRACTICES
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PROHIBITED PRACTICES |
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Practice: |
Description: |
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Corporal Punishment |
The application of Painful stimuli to the body. Includes, but is not limited to, hitting, pinching, shocking, shock devices |
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Overcorrection |
Requiring a Person to clean or fix the environment more than necessary to restore it to its original state, and/or to practice repeatedly the correct way to do something as a consequence for having done something wrong. |
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Aversive |
An intervention or action, intended to modify behavior, that could cause harm or damage to a Person, or could arouse fear or distress in that Person, even when the intervention of action appears to be pleasant or neutral to others. |
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Seclusion |
The solitary involuntary confinement of a Person for any period of time in a room or a specific area from which egress is denied by a locking mechanism, barrier or other imposed physical limitation. |
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Psychological/verbal abuse |
The use of verbal or nonverbal expressions in any form which expose the Person to ridicule, scorn, intimidation, denigration, devaluation, or dehumanization. Includes humiliation or degrading treatment and threatening a Person with loss of his or her home. |
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Restriction of Activities or Contact with Family or Significant Others |
Regularly scheduled social activities (such as specified in the Personal Plan) cannot be restricted as part of Behavior Modification or Behavior Management. This includes denial of communication or visitation with family members or significant others for the purpose behavior modification or behavior management. |
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Denial of Basic Needs |
Denial of sleep, shelter, bedding, access to bathroom facilities, or withholding of food or drink not associated with prescribed medical treatment. Withholding or modifying food as a consequence for behavior. Limiting medical or dental care. |
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Limiting a Person's mobility |
Removing or refusing, for the purpose of behavior modification or behavior management, items such as crutches, glasses, hearing aids, or a wheelchair to limit a Person's mobility. |
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Removing or Withholding Funds or Removing Earned Tokens |
Withholding money that a Person has earned or is legally entitled to (such as benefits) as a form of Punishment or Behavior Management. Requiring a Person to re-earn money or items that belong to them, or were previously earned. Removing or taking away money, tokens, points, activities or other Reinforcers that a Person has previously earned. |
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Manipulation of Personal Property |
Personal property may not be manipulated for purposes of behavior modification or behavior management, except to address Imminent Risk of harm to self or others, or when the property itself is the cause of risk to health and safety. |
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Restricting Basic Rights |
Inhumane treatment, or restricting the right to vote, work, or hold a religious belief. |
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Certain Physical Restraints |
-Restraints involving excessive force, punching, hitting, head hold. -Prone Restraint, in which the Person is held face down. -Restraints that have the Person lying on the ground or in a bed with a worker on top of the Person, on the back or chest, or straddling or sitting on the torso. -Restraints that restrict breathing or inhibit the digestive system. -Restraints that hyper-extend a joint -Restraints that put pressure on chest -Restraints that rely on pain for control. -Restraints that rely on a take down technique (in which the Person is not supported, allowing for free fall to the floor) or force the Person to his or her knees or hands and knees. -Restraint that involves physical contact covering the face. -Any Restraint face first against a wall, railing or post. - A Restraint or physical intervention which puts the Person off balance not part of a physical restraint program approved by the Department |
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Certain Mechanical Restraints |
- Totally Enclosed Crib - Camisole or straightjacket - Restraint Chairs - Harnesses - Bed netting - Swaddling, from which the Person cannot remove him or herself. - Swaddling from which the Person can remove him or herself but to which the Person or the Person's guardian communicates an objection. - Prone Mechanical Restraint in which the person is held face down. |
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Emergency use of Chemical Restraint |
Any Emergency use of Chemical Restraint |
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Routine use of Emergency Intervention |
When an IST is required under §5.08 and a justification to address the Challenging Behavior without a Behavior Management Plan has not been approved by the Review Team. |
