Sec. 1. 34-B MRSA §5605, sub-§13, as amended by PL 1993, c. 326, §9, is further amended to read:

13. Behavioral treatment. Behavior modification Behavioral treatment of persons receiving services a person with mental retardation or autism is governed as follows.

A. A person receiving services with mental retardation or autism may not be subjected to a treatment program to eliminate bizarre or unusual dangerous or maladaptive behavior without first being examined by a physician to rule out the possibility that the behavior is organically caused.

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.

B. 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 receiving services 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 the chief administrative officer of the residential facility and an advocate of the department.

Sec. 2. 34-B MRSA §5605, sub-§14, ¶C, as amended by PL 1993, c. 326, §9, is further amended to read:

C. Physical restraints may not cause physical injury to the person receiving services and must be designed to allow the greatest possible comfort and safety.

Sec. 3. 34-B MRSA §5605, sub-§14, ¶D-1 is enacted to read:

D-1.__A safety device whose effect is to reduce or inhibit the movement of a person with mental retardation or autism