An Act To Require the Documentation of the Use of Seclusion and Restraint at Mental Health Institutions in the State
Maine Legislature, Session 127, LD 1368
Committee Amendment CA_A_H372 (House)

COMMITTEE AMENDMENT "Pr" to H.P. 929, L.D. 1368, Bill, "An Act To 
Require the Documentation of the Use of Seclusion and Restraint at Mental Health 
Institutions in the State" 
Amend the bill by striking out evelything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34~B MRSA c. 1, sub-c. 8 is enacted to read: 
SUBCHAPTER 8 
REPORTING AND DOCUMENTATION OF INCIDENTS OF USE OF 
SECLUSION AND RESTRAINT 
§1951. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
tenus have the following meanings. 
1. Institution. "Institution" means a public or private psychiatric institution licensed 
under Title 22, chapters 404 or 405 to provide psychiatric services that fall under the 
jurisdiction ofthe department. 
2. Restraint. "Restraint" has the same meaning as defIned in 42 Code of Federal 
Regulations, Section 482.13. 
3. Seclusion. "Seclusion" has the same meaning as dermed in 42 Code of Federal 
Regulations, Section 482.13. 
4. Unit. "Unit" means a hospital ward or other area used to provide inpatient care. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 929, L.D. 1368 
§1952. Reporting of an incident of restraint or seclusion 
1. Quarterly reporting by institution. An institution shall submit for each calendar 
quarter a report to the commissioner that includes for that institution: 
A. The hours of restraint for each 1,000 patient hours; 
B. The hours of seclusion for each 1,000 patient hours; 
C. The aggregate number of incidents of restraint; 
D. The aggregate number of incidents of seclusion; 
E. The maximum and mean duration, across all patients, of incidents of restraint; 
F. The maximum and mean duration, across all patients, of incidents of seclusion; 
and 
G. 
Any other information that may be useful regarding the use of restraint or 
seclusion. 
2. 
Annual reportinl! bv institution. 
Annually, as soon as practicable after 
completing the formal quarterly report for the preceding year, an institution shall submit a 
report to the commissioner with the data required under subsection 1, paragraphs A to G, 
organized by unit. 
3. 
Annual report by the commissioner. 
By January 1st of each year, the 
commissioner shall submit to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters a report that includes the data 
submitted pursuant to subsection 1 for the previous fiscal year. 
The joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
may report out legislation relating to the report to the next regular session of the 
Legislature. 
§1953. Restraint and seclusion debriefing policy 
All institutions must develop a policy for a debriefmg of a client who was the subject 
of restraint or seclusion. 
The policy may not prevent a legally responsible parent, 
guardian or designated representative from attending the debrief mg. 
Sec. 2. Partial reporting for January 1, 2016. Notwithstanding the Maine 
Revised Statutes, Title 34-B, section 1952, subsection 3, the report from the 
Commissioner of Health and Human Services due January 1, 2016 may include only one 
calendar quarter of the data required pursuant to Title 34-B, section 1952, subsection 2 
and may be incomplete if necessary. 
Sec. 3. Debriefmg policy deadline. Pursuant to the Maine Revised Statutes, 
Title 34-B, section 1953, all institutions in the State shall develop a debriefing policy by 
May 1, 2016.' 
SUMMARY 
This amendment replaces the bill. 
It requires public and private psychiatric 
institutions licensed under the Maine Revised Statutes, Title 22, chapters 404 and 405 to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 929, L.D. 1368 
submit quarterly and annual reports to the Commissioner of Health and Human Services 
that include data regarding the hours and number of uses of restraint and seclusion as well 
as the maximum and mean duration of the uses of restraint and seclusion as those terms 
are defined in federal regulations. The commissioner is required to submit a report by 
January 1st of each year to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters; the report must contain the data 
collected by the public and private psychiatric institutions for the previous fiscal year. 
The committee may report out legislation regarding the report. The first annual report, 
due January 1, 2016, may be partial and incomplete. By May 1, 2016, each public and 
private psychiatric institution must develop a policy for debriefmg a client after the use of 
restraint or seclusion. The policy may not prevent a parent, guardian or designated 
representative from attending the debrief mg. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/07115 
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LD 1368 
LR 1425(02) 
An Act To Require the Documentation of the Use of Seclusion and Restraint at Mental Health 
Institutions in the State 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,If C H 
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Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Depatiment of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LRI425(02) - Fiscal Note - Page 1 of 1