An Act To Require a Mandatory Peer Review Process for the Restraint and Seclusion of Children in a Hospital or Children's Home
Maine Legislature, Session 126, LD 1031
Committee: Health and Human Services
Sponsors: SIROCKI, BENNETT, MAKER, REED
Amends: 34-B MRSA §5605, 34-B MRSA §6203

Legislative Document 
No. 1031 
H.P. 726 
House of Representatives, March 14, 2013 
An Act To Require a Mandatory Peer Review Process for the 
Restraint and Seclusion of Children in a Hospital or Children's 
Home 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SIROCKI of Scarborough. 
Cosponsored by Representatives: BENNETT of Kennebunk, MAKER of Calais, REED of 
Carmel. 
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 2011, c. 657, Pt. 
EE, §9, is further amended to read: 
B.  Behavior modification and behavior management programs may be used only to 
correct behavior more harmful to the person than the program and only: 
(1)  On the recommendation of the person's personal planning team; 
(2)  For an adult 18 years of age or older, with the approval, following a case-by-
case review, of a review team composed of a representative from the department, 
a representative from the advocacy agency designated pursuant to Title 5, section 
19502 and a representative designated by the Maine Developmental Services 
Oversight and Advisory Board; and 
(3)  For a child under 18 years of age, with the approval, following a case-by-
case review, of a review team composed of a representative from the advocacy 
agency designated pursuant to Title 5, section 19502, a team leader of the 
department's children's services division and, the children's services medical 
director or the director's designee and a physician other than the attending 
physician.  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 
United States Department of Health and Human Services regarding treatment of 
children and youth in nonmedical community-based facilities funded under the 
Medicaid program. 
Sec. 2.  34-B MRSA §6203, sub-§1, ¶K, as amended by PL 1993, c. 624, §3, is 
further amended to read: 
K.  Establish a procedure to obtain assistance and advice from consumers of mental 
health services regarding the selection of contractors when requests for proposals are 
issued for mental health services; and 
Sec. 3.  34-B MRSA §6203, sub-§1, ¶L, as enacted by PL 1993, c. 624, §4, is 
amended to read: 
L.  Require that a contract under this subsection that is subject to renewal be awarded 
through a request-for-proposal procedure if the department determines that: 
(1)  The provider has breached the existing contract; 
(2)  The provider has failed to correct deficiencies cited by the department; 
(3)  The provider is inefficient or ineffective in the delivery of services and is 
unable or unwilling to improve its performance within a reasonable time; or 
(4)  The provider can not or will not respond to a reconfiguration of service 
delivery requested by the department.; and 
Sec. 4.  34-B MRSA §6203, sub-§1, ¶M is enacted to read: 
M.  Establish a procedure for reviewing the use of restraint and seclusion for children 
receiving services in a hospital licensed under Title 22, chapter 405 or in a children's 
home licensed under Title 22, chapter 1669, including a mandatory review process by 
the review team established under section 5605, subsection 13, paragraph B for the 
use of restraint or seclusion 4 or more times for the same child. 
SUMMARY 
This bill requires the Commissioner of Health and Human Services to establish a 
procedure for reviewing the use of restraint and seclusion for children receiving services 
in a hospital or children's home, including a mandatory review process for the repeated 
use of restraint or seclusion.  It also adds a physician, other than the attending physician, 
to the review team that reviews behavior modification and behavior management 
programs for children under 18 years of age.