CHAPTER 368

H.P. 1083 - L.D. 1478

An Act To Change the Membership of the Review Team for

Aversive Behavior Modifications and Safety Devices for

Persons with Mental Retardation or Autism

Be it enacted by the People of the State of Maine as follows:

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.

Sec. 2. 34-B MRSA §5605, sub-§14, ¶D-1, as enacted by PL 2001, c. 245, §3, is amended to read: