Adoption final rule - 14-197 C.M.R. Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Intellectual Disability and/or Autism

February 26, 2013

Adoption final rule - 14-197 C.M.R. Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Intellectual Disability and/or Autism

A public hearing was held on January 8, 2013. No one attended the hearing. The comment deadline was January 18, 2013. No one submitted comments.

This rule is being adopted to allow approval of behavior modification and behavior management plans and safety devices by majority vote of the three-person review team created by Maine law. This change was necessary because one of the statutorily required members of the review team notified the Department it could no longer vote at the review team meetings without violating the Maine Rules of Professional Conduct applicable to Maine attorneys. Without unanimous approval the review team would be unable to approve new or expiring behavioral modification or management plans or safety devise use.

The adopted rule also makes changes to language and names when usage has changed or has been deemed inappropriate by the Maine Legislature. Specifically the changes include:

a. Replacing references to “mental retardation” with references to “intellectual disability” as required by 2012 PL Ch. 542, Section B.5, An Act To Implement the Recommendations of the Department of Health and Human Services and the Maine Developmental Disabilities Council Regarding Respectful Language; b. Replaces references to “Office of Advocacy” with references to “advocacy agency designated pursuant to Title 5, section 19502”; and c. Replaces references to “Office of Adults with Cognitive and Physical Disabilities Services” with references to “Office of Aging and Disability Services”

Rules may be reviewed and printed from the Secretary of State’s website at http://www.maine.gov/sos/cec/rules/10/chaps10.htm, or for a fee, interested parties may request a paper copy of rules by calling 207-287-4242. For those who are deaf or hard of hearing please call the Maine Relay number 711.