An Act To Clarify the Requirements of the Behavioral Treatment and Safety Device Review Teams for Persons with Mental Retardation or Autism Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 34-B MRS A §5605, sub-§13, 1(8, as amended by PL 2003, c. 368, §l, is further amended to read: B. Treatment programs involving the use of noxious or painful stimuli or other aversive or severely intrusive techniques, as defined in department rules, may be used only to correct behavior more harmful than the treatment program to the person with mental retardation or autism £haB-i6-~Be ~Fea£meB£-FFe~Fam and only: (1) On the recommendation of a physician, psychiatrist or psychologist; aBe (2) Wi~h For an adult 18 years of age or older, with the approval, follo'Vling a case-by-case review, ~ review team composed of an advocate 9£ from the aepaF£meBt, Office of Aclvocacy-; " representative of the Division of Mental Retardation; and a representative of the Consumer Advisory BoardTj and Page l-LR2607(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1739
Committee Amendment CA_A_H720 (House)
Amends: 34-B MRSA §5605

COMMITTEE AMENDMENT "/t,, to H.P. 1261, L.D. 1739, Bill, "An 
Act To 
Clarify the Requirements 
of the Behavioral Treatment 
Review Team for Persons with Mental Retardation or Autism" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Clarify the Requirements of the Behavioral Treatment 
and 
Safety 
Device 
Review 
Teams 
for 
Persons 
with 
Mental 
Retardation or Autism' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 34-B MRS A §5605, sub-§13, 1(8, as amended by PL 2003, 
c. 368, §l, is further amended to read: 
B. 
Treatment programs 
involving the 
use of noxious or 
painful stimuli or other aversive or 
severely intrusive 
techniques, as defined in department rules, may be used only 
to correct behavior more harmful than the treatment program 
to the person with mental retardation or autism £haB-i6-~Be 
~Fea£meB£-FFe~Fam and only: 
(1) 
On the recommendation of a physician, psychiatrist 
or psychologist; aBe 
(2) 
Wi~h For an adult 18 years of age or older, with 
the approval, 
follo'Vling 
a 
case-by-case review, ~ 
review 
team 
composed 
of 
an 
advocate 
9£ 
from 
the 
aepaF£meBt, Office of Aclvocacy-; 
'" representative of the 
Division of Mental Retardation; and a representative of 
the Consumer Advisory BoardTj and 
Page l-LR2607(2) 
COMMITTEE AMENDMENT 
~eo, 
~, 
COMMITTEE AMENDMENT .. If: to H.P. 1261, L.D. 1739 
(3) 
For 
a child under 
years of 
age, 
with the 
approval, following a case-by-case review, of a review 
team 
composed 
of 
an 
advocate 
from 
the 
Office 
of 
Advocacy, 
a~ team leader of the department's children's 
services division and the children's services medical 
director or the director's designee. 
Until rules are 
adopted 
by 
the 
department 
to 
govern 
behavioral 
treatment 
reviews 
for 
children, 
the 
team 
may 
not 
approve techniques any more aversive or intrusive than 
are permitted in rules adopted by the Secretary of the 
Uni ted States Department of Health and Human Services 
regarding treatment of children and youth in nonmedical 
community-based facilities 
funded under 
the 
Medicaid 
program. 
The department may adopt rules as necessary to implement 
this paragraph. 
Rules adopted pursuant to this paragraph 
are routine technical rules as def ined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 2. 34-B MRSA §S605, sub-§13, 1JC is enacted to read: 
C. 
Notwithstanding paragraph B, for a child under 18 years 
of age, treatment programs involving the use of seclusion or 
any noxious or painful stimuli, as defined in department 
rules, may not be approved. 
Sec. 3. 34-B MRSA §5605, sub-§14, 1fD-l, as amended by PL 2003, 
c. 368, §2, is repealed and the following enacted in its place: 
D-1. 
A device whose effect is to reduce or inhibit a 
person's 
movement in 
any 
way but 
whose 
purpose is to 
maintain 
or 
ensure 
the 
safety 
of 
the 
person 
is 
not 
considered behavioral treatment. 
Such a device may be used 
only in conformity with applicable state and federal rules 
and regulations and only: 
(1) 
When recommended by a qualified professional after 
approval of the person's service plan: 
(2) 
For an adult 18 years of age or older, when use of 
the device is approved by a review team composed of an 
advocate from the Office of Advocacy, a representative 
of 
the 
Division 
of 
Mental 
Retardation 
and 
a 
representative of the Consumer Advisory Board: and 
(3) 
For a child under 18 years of age, when use of the 
device is approved by a 
review team composed of an 
advocate from the Office of Advocacy, a team leader of 
COMMITTEE AMENDMENT 
~.tO· 
COMMITTEE AMENDMENT .. f}, to H.P. 1261, L.D. 1739 
the department's children's services division and the 
children's services medical director or the director's 
designee. ' 
SUMMARY 
This amendment replaces the bill. The amendment retains the 
provisions of the bill that establish requirements for approval 
of a behavioral treatment program involving the use of aversive 
or severely intrusive techniques for a child under 18 years of 
age with mental retardation or autism. 
The 
amendment adds 
a 
provision that establishes requirements for approval of the use 
of safety devices for a child under 18 years of age with mental 
retardation or autism. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/19/04 Mac:.. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1739 
An Act To Clarify the Requirements of the Behavioral Treatment 
Review Team for Persons with Mental Retardation or Autism 
LR2607(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2607(2) - Fiscal Note - Page 1 of 1