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Developmental Services - Behavioral Regulations/Three Person Committee

Three-person Committee

The three-person committee is charged in Statute for reviewing and approving all severely intrusive programs on a case-by-case basis, at least quarterly. The committee uses the behavioral guidelines in Section I as well as Title 34-B: §5605. Rights and basic protections of a person with mental retardation or autism in order to render a decision.

Region Advocate CAB Crisis team
Presque Isle Margaret Rowland Steve Richard Chris Linsey
Bangor Jim Barnes Bonnie Brooks Chris Linsey
Thomaston Peggy Rice Bonnie Brooks Karen Mason
Augusta Nancy Thomas Sue Gilmartin Karen Mason
Lewiston Skip Macgowan, Cheryl Fortier Sue Gilmartin Karen Mason
Portland Arthur Clum Rory Robb Roberta Strout

 

Section 9 of Behavioral Regulations:
9. The Review Committee

  1. A Review Committee is designated for each of the regional offices of the state. Each committee shall include persons identified in 34-B M.R.S.A. § 5605(13)(B).
  2. This committee is responsible, as outlined above, for reviewing and approving all severely intrusive programs on a case-by-case basis, at least quarterly. The committee may elect to conduct reviews more frequently.
  3. Any committee approval and approval with modifications must be unanimous.
  4. The Review Committee has two distinct categories of review obligation, and the minutes of its deliberations on each case must reflect that it has covered both:

    (1) That a proposed severely intrusive plan takes all possible steps to protect the health, safety, and rights of the individual, and
    (2) That the plan is clear and comprehensible to all its users.

Title 34-B
13. Behavioral treatment. Behavioral treatment of a person with mental retardation or autism is governed as follows.

  1. A person with mental retardation or autism may not be subjected to a treatment program to eliminate dangerous or maladaptive behavior without first being examined by a physician to rule out the possibility that the behavior is organically caused. [2001, c. 245, §1 (amd).]

    A-1. Behavioral treatment programs may contain both behavior modification and behavior management components. Behavior modification components consist of interventions designed to assist a person with mental retardation or autism to learn to replace dangerous or maladaptive behavior with safer and more adaptive behavior. Behavior management components consist of systematic strategies to prevent the occurrence of dangerous or maladaptive behaviors by minimizing or eliminating environmental or other factors that cause those behaviors. [2001, c. 245, §1 (new).]
  2. Treatment programs involving the use of noxious or painful stimuli or other aversive or severely intrusive techniques may be used only to correct behavior more harmful to the person with mental retardation or autism than is the treatment program and only:

    (1) On the recommendation of a physician, psychiatrist or psychologist; and

    (2) With the approval, following a case-by-case review, of an advocate of the department; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.
    [2003, c. 368, §1 (amd).]

[2003, c. 368, §1 (amd).]