Developmental Services - Behavioral Regulations/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.
|Caribou||Laura Rowland||Steve Richard||Chris Lindsey|
|Bangor||Lydia Dawson||Bonnie Brooks||Chris Lindsey|
|Rockland||Rita Furlow||Darlene McKinnon||Hugh Fennell|
|Augusta||Rita Furlow||Bonnie Brooks||Roxanne Rollins|
|Lewiston||Katrina Ringrose||Valerie Smith||Hugh Fennell|
|Portland||Jodi Benvie||Rory Robb||Hugh Fennell|
Section 9 of Behavioral Regulations:
9. The Review Committee
- A Review Committee is designated for each of the district offices of the state. Each committee shall include persons identified in 34-B M.R.S.A. § 5605(13)(B).
- 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.
- Any committee approval and approval with modifications must be unanimous.
- 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.
13. Behavioral treatment. Behavioral treatment of a person who are eligible for developmental services is governed as follows.
- A person who are eligible for developmental services 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 who are eligible for developmental services 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).]
- 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 who are eligible for developmental services than is the treatment
program and only:
(1) On the recommendation of a physician, psychiatrist or psychologist; and
(2) For an adult 18 years of age or older, with the approval, following a case-by-case review, of a review team composed of a representative from the department, a representative from the advocacy agency designated pursuant to Title 5, section 19502 and a representative designated by the Maine Developmental Services Oversight and Advisory Board;
[2003, c. 368, §1 (amd).]