C.M.R. 14, 197, ch. 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE

  1. § 197-5-1 - STATEMENT OF PRINCIPLES AND INTENT
  2. § 197-5-2 - DEFINITIONS
  3. § 197-5-3 - SUPPORTING A PERSON WHO IS ENGAGING IN CHALLENGING BEHAVIOR
  4. § 197-5-4 - POSITIVE SUPPORT (Levels 1-2)
  5. § 197-5-5 - BEHAVIOR MANAGEMENT (Levels 3-5)
  6. § 197-5-6 - PROHIBITED PRACTICES
  7. § 197-5-7 - PROCEDURES FOR REVIEW AND APPROVAL OF POSTIVE SUPPORT PLANS AND BEHAVIOR MANAGEMENT PLANS
  8. § 197-5-8 - EMERGENCY INTERVENTIONS, INCLUDING RESTRAINT, REMOVAL OF PERSONAL PROPERTY AND SPECIALIZED RESTRAINT
  9. § 197-5-9 - TRANSITION OF EXISTING PLANS
  10. § 197-5-10 - THE USE AND REVIEW OF SAFETY DEVICES
  11. Appendix 197-5-ONE - FUNCTIONAL ASSESSMENT REQUIREMENTS
  12. Appendix 197-5-TWO - POSITIVE SUPPORT PLAN REQUIREMENTS
  13. Appendix 197-5-THREE - IN-HOME STABILIZATION
  14. Appendix 197-5-FOUR - LEVELS OF INTERVENTION: POSITIVE SUPPORT AND BEHAVIOR MANAGEMENT PLANS (LEVELS 1-5)
  15. Appendix 197-5-FIVE - PROHIBITED PRACTICES

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.

Notes

C.M.R. 14, 197, ch. 5
EFFECTIVE DATE - as "Regulations for the Use of Behavioral Procedures, Including Restraints":
Section 1, "Regulations Governing the Use of Restraints in Community Settings": June 3, 1987, filing 87-197
Section 2, "Regulations Governing the Use of Behavioral Procedures for Clients of the Bureau of Mental Retardation": August 1, 1987, filing 87-251
AMENDED:
Section 1- July 22, 1990
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 15, 1996
NON-SUBSTANTIVE CORRECTIONS:
August 5, 1998 - clarification of Chapter and Section titles; minor formatting; added header.
REPEALED AND REPLACED:
April 23, 2003 - filing 2003-106, as "Regulations Governing Emergency Interventions and Behavioral Treatment for People with Mental Retardation and/or Autism":
Section 1: "Emergency Interventions";
Section 2: "Behavioral Treatment."
NON-SUBSTANTIVE CORRECTIONS:
June 10, 2003 - spelling and punctuation only.
AMENDED:
August 28, 2010 - filing 2010-375
November 8, 2012 - filing 2012-311 (EMERGENCY)
February 13, 2013 - filing 2013-038, as "Regulations Governing Emergency Interventions and Behavioral Treatment for People with Intellectual Disabilities and/or Autism"
REPEALED AND REPLACED:
April 25, 2016 - filing 2016-070, as "Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism in Maine"
AMENDED
3/16/2023- filing 2023- 044, as "Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism Spectrum Disorder in Maine"

STATUTORY AUTHORITY: 22 M.R.S. §42 ; 34-B M.R.S.A. §5201(9) , §5465 , and §§5601 et seq.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

No prior version found.