Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Appendix 197-5-FIVE - PROHIBITED PRACTICES

Current through 2024-29, July 17, 2024
PROHIBITED
							 PRACTICES
Practice:
Description:
Corporal Punishment
The application of Painful stimuli to the body.
Includes, but is not limited to, hitting, pinching,
							 shocking, shock devices
Overcorrection
Requiring a Person to clean or fix the environment
							 more than necessary to restore it to its original state, and/or to practice
							 repeatedly the correct way to do something as a consequence for having done
							 something wrong.
Aversive
An intervention or action, intended to modify
							 behavior, that could cause harm or damage to a Person, or could arouse fear or
							 distress in that Person, even when the intervention of action appears to be
							 pleasant or neutral to others.
Seclusion
The solitary involuntary confinement of a Person for
							 any period of time in a room or a specific area from which egress is denied by
							 a locking mechanism, barrier or other imposed physical limitation.
Psychological/verbal abuse
The use of verbal or nonverbal expressions in any
							 form which expose the Person to ridicule, scorn, intimidation, denigration,
							 devaluation, or dehumanization. Includes humiliation or degrading treatment and
							 threatening a Person with loss of his or her home.
Restriction of Activities or Contact with Family or
							 Significant Others
Regularly scheduled social activities (such as
							 specified in the Personal Plan) cannot be restricted as part of Behavior
							 Modification or Behavior Management. This includes denial of communication or
							 visitation with family members or significant others for the purpose behavior
							 modification or behavior management.
Denial of Basic Needs
Denial of sleep, shelter, bedding, access to bathroom
							 facilities, or withholding of food or drink not associated with prescribed
							 medical treatment. Withholding or modifying food as a consequence for behavior.
							 Limiting medical or dental care.
Limiting a Person's mobility
Removing or refusing, for the purpose of behavior
							 modification or behavior management
,
items such as crutches,
							 glasses, hearing aids, or a wheelchair to limit a Person's mobility.
Removing or Withholding Funds or Removing Earned
							 Tokens
Withholding money that a Person has earned or is
							 legally entitled to (such as benefits) as a form of Punishment or Behavior
							 Management.
Requiring a Person to re-earn money or items that
							 belong to them, or were previously earned. Removing or taking away money,
							 tokens, points, activities or other Reinforcers that a Person has previously
							 earned.
Manipulation of Personal Property
Personal property may not be manipulated for purposes
							 of behavior modification or behavior management, except to address Imminent
							 Risk of harm to self or others, or when the property itself is the cause of
							 risk to health and safety.
Restricting Basic Rights
Inhumane treatment, or restricting the right to vote,
							 work, or hold a religious belief.
Certain Physical Restraints
-Restraints involving excessive force, punching,
							 hitting, head hold.
-Prone Restraint, in which the Person is held face
							 down.
-Restraints that have the Person lying on the ground
							 or in a bed with a worker on top of the Person, on the back or chest, or
							 straddling or sitting on the torso.
-Restraints that restrict breathing or inhibit the
							 digestive system.
-Restraints that hyper-extend a joint
-Restraints that put pressure on chest
-Restraints that rely on pain for control.
-Restraints that rely on a take down technique (in
							 which the Person is not supported, allowing for free fall to the floor) or
							 force the Person to his or her knees or hands and knees.
-Restraint that involves physical contact covering
							 the face.
-Any Restraint face first against a wall, railing or
							 post.
- A Restraint or physical intervention which puts the
							 Person off balance not part of a physical restraint program approved by the
							 Department
Certain Mechanical Restraints
- Totally Enclosed Crib
- Camisole or straightjacket
- Restraint Chairs
- Harnesses
- Bed netting
- Swaddling, from which the Person cannot remove him
							 or herself.
- Swaddling from which the Person can remove him or
							 herself but to which the Person or the Person's guardian communicates an
							 objection.
- Prone Mechanical Restraint in which the person is
							 held face down.
Emergency use of Chemical Restraint
Any Emergency use of Chemical Restraint
Routine use of Emergency Intervention
When an IST is required under §
													5.08 and a justification to address
							 the Challenging Behavior without a Behavior Management Plan has not been
							 approved by the Review Team.