Sec. 1. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2001, c. 245, §1, is further amended to read:

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 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; a representative of the person's residence, day program or work site; an advocate of the department; a representative of the Division of Mental Retardation; and a representative of the Consumer Advisory Board.

SUMMARY

This bill changes the membership of the review team for aversive behavior modifications for persons with mental retardation or autism by removing the administrator and representative of the facility or program.