An Act Regarding
Maine Legislature, Session 132, LD 0769
Committee Amendment CA_A_S234 (Senate)
Amends: 34-B MRSA §5605

COMMITTEE AMENDMENT " ^ to S,P. 327, L.D. 769, "An Act Regarding
Access to Behavioral Health Supports for Adults with Certain Disabilities"
Amend the bill by striking out all of section 3 and inserting the following;
'See. 3. 34-B MRSA §5605, sub-§13-A is enacted to read:
13-A. Behavioral health support. modification and inanaeemenf_fo!i_adults.
Behavioral supports for an adult with an intellectual disability or autism who is not a Datient
in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3 801»
subsection 7-B are governed as follows.
A. An adult with an intellectual disability or autism may hav^^^^^^^^
health support plan if recommended by the individual's person-centered support team
or requested by the adult. If the positive suoport E)lan is to address dangerous or
maladaotive behavior, it must be preceded by an assessment by a medical practitioner.
as defined in section 3 801. subsection 4-B. to rule out medical reasons for the behavior.
B_._ABpsitive behavioral health support plan designedto suDDoit the^a^^^ to participate
meaninefiillv in that adult's community life cannot include a waiyetofAnyn^
provided in this section and may be implemeated upon recommendation of the adu It's
oerson-centered planning team.
C. A modifying behavioral health support plan desiened to modify or redirecjlhe
adult's behavior may include a waiver of rights with informed consent of the adult
subject to the plan and must be approved by the department for_aj?m'ovaLerior to
implementation. The plan must be reviewed and aDDroved by a licensed clinical social
worker or psvcholoeist who is employed by or under contract with the department.
D. The following practices are prohibited as elements of positive behavioral health
support plans and modifvine behavioral health support plans for adults:
(\} Seclusion;
('2) Corporal punishment;
COMMITTEE AMENDMENT
COMMITI-EE AMENDMENT " A » (o S,P. 327, L,D. 769
^ 1 f3) Actions or language intended to humble, dehumanize or degrade the person;
(4) Planned use of restraints;
(5) Totally enclosed cribs or beds; and
C6) Painiyl stimuli.
The department shall convene a support and safety committee, at least quarterly, to review
data on the number and tvues of plans implemented for adults under this subsection. The
department shall provide to the committee deidentified copies of positive behavioral health
support plans for all individuals transitionine from a modifymg behavioral health suR&ort
plan to a positive behavioral health support plan. The committee must include. at a
minimum, a self-advocate. a family member of the individual receiving services, a
representative of the advocacy apency designated pursuant to Title 5. section 19502, a
member of the Maine Developmental Services Oversight andI Advisorv Board established
pursuant to Title 5. section 12004-J. subsection 15 and the licensed clinical social worker
orpsvchologistemployed by or under contract with tlie department under paragraph C.
For the purposes of this subsection, "adult" means a person 18 years of age or older;
"modifvina behavioral health support plan" means a support plan that outlines^strategies to
encourage positive behavior and address challenges, incorporatine both proactive and
corrective interventions: and "positive behavioral health support plan" means a behavioral
health suppoi-t plan that emohasizes usine positive reinforcement and proactive strategies
to.address behaviors that negatively impact the health, safety and well-being of the person.
For the purposes of this subsection, "restraint" does not jnplude blocking or phvsical
redirection, Blockine is a momentary deflection of a person's movement without holdmg
when that movement would be destructive or harmful. Physical redirection is steerine a
person without holding or coercion.'
Amend the bill in section 4 in subsection 13-B in paragraph A in the last line (page 3,
line 17 in L,D.) by inserting after the following: "adultt" the following: '"Safety device"
does not include anything used as a means of behavior modification,'
Amend the bill in section 6 in subsection 14-E in the 3rd line (page 4, line 16 in L.D,)
by striking out the following: "The" and inserting the following; 'EEtch'
Amend the bill in section 6 in subsection 14-E in the last line (page 4, line 17 in L.D.)
by inserting after the following: "requirements." the following: 'For the purposes of this
subsection, "restraint" does not include blockine or physical redirection. Blocking is a
momentary deflection of a person's mQyementwithout holding when that movement would
be destructive or harmful. Physical redirection is steermjg_a_t5ersQn without holding or
coercion,1
Amend the bill by inserting after section 6 the following;
'See. 7. Children with intellectual disabilities or autism; department study.
The Department of Health and Human Services shall study the law related to behavioral
health supports for children with intellectual disabilities or autism and consult with
interested parties on potential revisions to the law to reflect current best practices in the
field. Tlie study must include, but is not limited to, the use of restraints in nonemergency
situations and the process by which plans for behavioral modification and management are
developed, reviewed and approved. Interested parties must include but are not limited to
Page2.132LR0264(02)
COMMITTEE AMENDMENT
.c
COMMITTEE AMENDMENT " l\ " to S.P. 327, L,D. 769 / >>,•
youth setf-advocates, adult self-advocates, a representative of a disability rights advocacy
organization, a representative of an academic organization with relevant expertise and a
provider of services. No later than December 1, 2026, tlie department shall make
recommendations to the joint standing committee of the Legislature having jurisdiction
over health and human services matters, The committee is authorized to report out
legislation related to the study to any session of the 133rd Legislature in 2027,
Sec. 8. Transition. Notwithstanding the Maine Revised Statutes, Title 34-B, section
5605, subsection 13-A, paragraph D, behavior modification plans in effect on April 1 , 2026
that include restraints may continue to include planned restraints until April 1, 2027 if
necessaiy and approved by the Department of Health and Human Services,
Sec. 9. Adults with intellectual disabilities or autism; advice. Prior to
adopting or amending rules to implement this Act, the Department of Health and Human
Services shall reconvene the interested parties group on adult behavioral regulations that
was convened in 2024 and solicit fiuther advice from that group on amendments to the
ruies to implement this Act.
Sec. 10. Effective date. Those sections of this Act that amend the Maine Revised
Statutes, Title 34-B, section 5605, subsections 13 and 14-A and that enact Title 34-B,
section 5605, subsections 13-A, 13-B and 14-E and that repeal Title 34-B, section 5605,
subsection 12, paragraph E take effect April 1,2026.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment makes the following changes to the bill.
1. It clarifies that blocking and redirection are not considered restraints and are not
prohibited from inclusion in a modifying behavioral health support plan,
2. It clarifies that the Department of Health and Human Services may use either a
licensed clinical social worker or a psychologist to review behavioral health support plans,
3, It adds members to the support and safety committee and requires the department
to provide deidentified copies of behavioral health support plans to the committee.
4. It clarifies the distinctions between positive behavioral health support plans,
modifying behavioral health support plans and the use of safety devices and the processes
for reviewing and approving each plan and use. It also clarifies that safety devices may not
be used to modify behavior,
5. It requires the department to conduct a children's behavioral health supports study
to study best practices and consider removing planned restraints for children. The study
must be submitted to the joint standing committee of the Legislature having jurisdiction
over liealth and human services matters no later than December 1,2026, and the committee
is authorized to report out legislation related to the study.
6. It requires the department to reconvene the interested parties group on adult
behavioral regulations that was convened in 2024 prior to rulemaking in order to solicit
advice on rules to implement the provisions in the bill,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A. " to S.P. 327, L.D. 769 L C)' ^
^
7. It makes the statutory changes effective April 1, 2026. It allows plans that are
approved prior to April 1,2026 that include planned restraints to continue the use of those
restraints for one year if considered necessary and approved by the department.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LR0264(02)
COMMITTEE AMENDMENT
Approved; 04/30/25 t-Kt-
LD 769 LR 264(02)
An Act Regarding Access to Behavioral Health Supports for Adults with Certain Disabilities
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
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services from the provisions of this bill are expected to
be minor and can be absorbed within existing budgeted resources.
LR0264r02) - Fiscal Note - Page 1 of 1