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 › Section 197-5-10 - THE USE AND REVIEW OF SAFETY DEVICES

Current through 2024-29, July 17, 2024
5.10-1
Principles
Use of each Safety Device must be reviewed individually
				  according to the process set out in this regulation. The purpose of the Safety
				  Device, the impact its use has upon the person for whom it is prescribed or
				  recommended, and the degree of intrusiveness the device imposes must be
				  determined on an individual basis. Safety Devices that impose a greater degree
				  of intrusiveness upon the person and have a greater impact upon the mobility of
				  the person or the comfort of the person warrant a higher degree of scrutiny and
				  oversight. Any Safety Device must impose the least possible restriction
				  consistent with the purpose of insuring safety. Safety Devices may never be
				  used as punishment, for staff convenience, or as a substitute for teaching the
				  person new skills or abilities that would eliminate the underlying risk that
				  gives rise to the request for the use of the device.
Review of the use of a Safety Device pursuant to this rule
				  does not require a finding of a Challenging Behavior.
Except as provided in Section
				  5.10-7, a Safety Device may not
				  have as its purpose, in whole or in part, the provision of Behavior
				  Management.
5.10-2
Specific Examples of Devices Usually Considered to be Safety
				Devices:
The following is a list of devices or protective garb that
				  could be considered to be Safety Devices:
A. A one-piece suit to prevent the person
				from pulling out an ostomy bag or interfering with similar medically necessary
				procedures, equipment, or apparel;
B. A locked cupboard or locked refrigerator
				when the locking is implemented for the purpose of keeping a person with
				uncontrollable eating impulses from dangerous eating habits. This procedure
				must be supported by a medical diagnosis of a related disability, such as pica
				or Prader-Willi syndrome;
C. Hand
				splints or gloves when used to prevent pica behavior or as a medically
				necessary intervention;
D. A seat
				belt on a wheelchair when used to prevent the person from falling out of the
				wheelchair;
E. A seat belt on a
				wheelchair when used to prevent the person from getting out of the wheelchair
				because the person has a history of falling or being unsteady;
F. A seat belt on a toilet when used to
				prevent the person from getting off the toilet when the person has a history of
				falling off the toilet or getting off the toilet and being unsteady;
G. Foot straps on a wheelchair when used to
				prevent the person's feet from dragging or getting caught;
H. A diver's belt in a bathtub when used to
				prevent the person from floating while being bathed;
I. A chest strap while on the toilet when
				used to prevent the person from falling off the toilet;
J. A belt on a chair, including a shower
				chair or a Hoyer lift, when used to keep the person from falling or slipping
				out of the chair or lift;
K. Any
				bed rail that substantially inhibits the person from rising off of or getting
				out of the bed when the person has a history of unintentionally
				falling;
L. A gait belt for a
				person, when used to assist the person with walking or transfers and the person
				has a history of unsteadiness or falls;
M. A helmet used solely for safety purposes,
				for instance to protect a person who has a history of falling because of
				seizures. See also Section
				5.10-7;
N. Monitoring devices that do not limit the
				Person's movement when used to monitor the movement of a Person due to lack of
				environmental awareness or history of unintentional falling. Examples of these
				devices include a sound monitor that picks up sounds in the vicinity of the
				person and transmits those sounds to staff, a chair alarm, a bed alarm, an
				ankle bracelet, a door alarm or light (including infrared light).
Non-exclusivity of the Lists of Devices Above:
The devices listed above are not intended to describe every Safety Device that
				  might be used or devised. Planning Teams and qualified professionals may
				  suggest other Safety Devices and those Safety Devices may be utilized if they
				  meet the definition of a Safety Device under state law and this regulation.
				  Review Teams may use the lists above as guidance in judging by analogy whether
				  the purpose and use of any proposed device qualifies the device as a Safety
				  Device as defined above.