An Act To Improve Hospital-based Behavioral Health Treatment for Persons with Intellectual Disabilities or Autism
Maine Legislature, Session 126, LD 1598
Committee Amendment CA_A_H666 (House)
Amends: 34-B MRSA §5605

COMMITTEE AMENDMENT "A " 
to H.P. 1169, L.D. 1598, Bill, "An Act To 
Improve Hospital-based Behavioral Health Treatment for Persons with Intellectual 
Disabilities or Autism" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34-B MRSA §5605, sub-§13, as amended by PL 2013, c. 310, §7, is 
further amended to read: 
13. Behavioral support, modification and management. Behavior modification 
and behavior management of and supports for a person with an intellectual disability or 
autism who is not a patient in a psychiatric unit of an acute hospital or a psychiatric 
hospital as defined in section 3801, subsection 7-B are governed as follows. 
A. 
A person with an intellectual disability or autism may not be subjected to a 
behavior modification or behavior management program to eliminate dangerous or 
maladaptive behavior without first being assessed by a physician to determine if the 
proposed program is medically contraindicated and that the dangerous or maladaptive 
behavior could not be better treated medically. 
A-I. 
Support programs may contain both behavior modification and behavior 
management components. 
A-2. The following practices are prohibited as elements of behavior modification or 
behavior management programs: 
(1) Seclusion; 
(2) Corporal punishment; 
(3) Actions or language intended to humble, dehumanize or degrade the person; 
(4) Restraints that do not conform to rules adopted pursuant to this section; 
(5) Totally enclosed cribs or beds; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1169, L.D. 1598 
(6) Painful stimuli. 
B. Behavior modification and behavior management programs may be used only to 
correct behavior more harmful to the person than the program and only: 
(I) 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. The advocacy agency representative serves as a 
nonvoting member of the review team and shall be present to advocate on behalf 
of the person. The department shall provide sufficient advance notice of all 
scheduled review team meetings to the advocacy agency and provide the 
advocacy agency with any plans for which approval is sought along with any 
supporting documentation; 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. The advocacy agency representative serves as 
a nonvoting member of the review team and shall be present to advocate on 
behalf of the person. The department shall provide sufficient advance notice of 
all scheduled review team meetings to the advocacy agency and provide the 
advocacy agency with any plans for which approval is sought along with any 
supporting documentation. 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.' 
SUMMARY 
This amendment clarifies that the provisions governing behavioral support, 
modification and management do not apply to a person who is a patient in a psychiatric 
unit of an acute hospital or a psychiatric hospital as defined in the Maine Revised 
Statutes, Title 34-B, section 3801, subsection 7-B. It removes the changes made by the 
bill that indicate a licensed psychologist must be a part of the review team overseeing 
behavior modification and behavior management programs. 
COMMITTEE AMENDMENT