Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-1-04 - RIGHTS AND BASIC PROTECTIONS OF PERSONS WITH AN INTELLECTUAL DISABILITY, AUTISM SPECTRUM DISORDER OR ACQUIRED BRAIN INJURY

Current through 2024-29, July 17, 2024
All persons with an Intellectual Disability or Autism
				  Spectrum Disorder, are entitled to the following rights and basic protections.
				  Persons with an Acquired Brain Injury are entitled to the rights listed in
				  1.04-1 to -18. These listed rights and basic protections may be limited or
				  suspended by court order. Providers, entities, organizations, and individuals
				  shall not infringe upon any of these rights and basic protections except as
				  otherwise permitted by law or by the person or their guardian.
1. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the rights enjoyed by
				citizens of Maine and the United States.
2. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the right to be treated
				humanely and with dignity.
3. A
				person with an Intellectual Disability, Autism Spectrum Disorder or Acquired
				Brain Injury has the right to receive appropriate medical and dental treatment
				and care for physical and mental ailments and for the prevention of any illness
				or disability, consistent with the accepted standards of medical practice in
				the community, unless the religion of the person prohibits the
				treatment.
4. A person with an
				Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury
				shall be free from abuse, neglect or exploitation.
5. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the right to vote subject
				to the rules that apply to all citizens.
6. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the right to religious
				practice and to refrain from participating in religious activities.
7. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has a right to privacy.
8. A person with an Intellectual
				Disability, Autism Spectrum Disorder or Acquired Brain Injury has the right,
				privately, to send and receive mail, phone calls, and internet and other forms
				of electronic communications without another person interfering, delaying, or
				monitoring your communication.
9. A
				person with an Intellectual Disability, Autism Spectrum Disorder or Acquired
				Brain Injury has the right to unrestricted visitations during reasonable hours
				unless this right has been restricted pursuant to rules adopted pursuant to
				34-B M.R.S. § 5604.
10. A
				person with an Intellectual Disability, Autism Spectrum Disorder or Acquired
				Brain Injury has the right to not be discriminated against because of their
				actual or perceived race, color, gender identity, sex, sexual orientation,
				physical or mental disability, ancestry, national origin, religion, or age, in
				employment, housing, access to public accommodations, and the extension of
				credit.
11. All records of a Person
				Receiving Services must remain confidential unless the Person Receiving
				Services or their guardian signs a release for their disclosure and except as
				otherwise provided by law or court order.
12. A Person Receiving Services is entitled
				to access their medical records.
13. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury may not be sterilized, except
				with informed consent and pursuant to court order issued in accordance with
				34-B M.R.S. §§ 7001-16.
14. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury, who is employed, has the
				right to engage in employment programs that comply with state and federal wage
				and hours law and is entitled to fair compensation for employment in compliance
				with federal labor regulations.
15.
				A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired
				Brain Injury has the right to possess and use personal property except when
				temporary custody of clothing or personal effects of a Person Receiving
				Services by a Provider is necessary to protect the person or others from
				imminent injury or unless this right has been restricted pursuant to rules
				adopted pursuant to 34-B M.R.S. § 5604.
16. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the right to nutritious
				food in adequate quantities and meals may not be withheld for disciplinary
				reasons.
17. A person with an
				Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury has
				the right to opportunities for behavioral and leisure time activities,
				including social interaction within the community as set forth in 34-B M.R.S.
				§ 5610. This right may be waived or restricted only under the rules
				adopted pursuant to 34-B M.R.S § 5604 or pursuant to a treatment plan
				approved pursuant to 34-B M.R.S. § 5603(1).
18. A person with an Intellectual Disability,
				Autism Spectrum Disorder or Acquired Brain Injury has the right to physical
				exercise and recreation, including access to the outdoors and the use of
				available indoor and outdoor facilities and equipment.
19. A person with an Intellectual Disability
				or Autism Spectrum Disorder may only be subjected to behavior modification or
				management techniques in accordance with 34-B M.R.S. § 5605(13) and 14-197
				C.M.R. ch. 5.
20. A person with an
				Intellectual Disability or Autism Spectrum Disorder has the right to be free
				from behavioral modifications or behavior management programs that include
				Corporal Punishment, Seclusion, actions or language intended to humble,
				dehumanize or degrade, totally enclosed cribs or beds, or Painful
				stimuli.
21. A person with an
				Intellectual Disability or Autism Spectrum Disorder has the right to be free
				from Restraint, unless the Restraint is:
A. A
				short-term measure to protect the person from imminent injury to them self or
				others; or
B. Approved in the
				person's Behavior Management Plan.