14- 197 C.M.R. ch. 1, § 02

Current through 2024-51, December 18, 2024

Section 197-1-02 - DEFINITIONS

1.Acquired Brain Injury (ABI): means an insult to the brain resulting directly or indirectly from trauma, anoxia, vascular lesions, or infection, which:

A. Is not of a degenerative or congenital nature;

B. Can produce a diminished or altered state of consciousness resulting in impairment of cognitive abilities or physical functioning;

C. Can result in the disturbance of behavioral or emotional functioning;

D. Can be either temporary or permanent; and

E. Can cause partial or total functional disability or psychosocial maladjustment.

2.Autism Spectrum Disorder (ASD): means a disorder diagnosed in accordance with diagnostic criteria set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, (American Psychiatric Association), that manifested during the developmental period.

3.Behavior Management Plan: means a written plan that describes all planned interventions which includes restriction of rights or use of Restraint.

4.Coercion: means the use of force or threats, including the threat of diminishment of any right or privilege, to cause a person to do something against the person's will.

5.Corporal Punishment: means the application of painful stimuli to the body, including, but not limited to, hitting, pinching, shocking, and shock devices.

6.Department: means the Department of Health and Human Services (DHHS).

7.Grievance: means a complaint by a Person Receiving Services about (1) either an action or inaction by the Department, or a Provider that violates (a) a right or basic protection pursuant to 34-B M.R.S. § 5605, or (b) a Department rule, and that causes the Person Receiving Services harm or may reasonably and foreseeably cause such harm, or (2) the services or supports presently being provided to the Person Receiving Services. Grievance includes a complaint regarding:

A. The planning process for the grievant;

B. A violation of other applicable laws;

C. A violation by a Provider of a requirement of the Provider's license or certification; or

D. A breach of a contract for services to which the Person Receiving Services is a party or under which the Person Receiving Services is an intended beneficiary.

8.Intellectual Disability (ID): means a disorder diagnosed in accordance with diagnostic criteria set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, (American Psychiatric Association), that manifested during the developmental period.

9.Painful: means that which causes strong emotional or physical discomfort to a person.

10.Person Receiving Services: means a person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury receiving services from the Department or from an individual, agency, or facility licensed or funded to provide services except those presently in execution of criminal sentences.

11.Planning Team: means the Person Receiving Services and others identified by the Person Receiving Services and/or their guardian who are responsible for developing a plan for the Person Receiving Services.

12. Protection and Advocacy Agency: means the Governor-designated agency pursuant to 5 M.R.S. § 19502.

13.Provider: means an entity, organization or individual providing services to an adult with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury, funded in whole or in part, or licensed or certified by, the Department.

14.Restraint: means a mechanism or action-whether physical, mechanical or chemical-that limits or controls a person's voluntary movement, deprives a person of the use of all or part of the person's body, or maintains a person in an area against the person's will by another's physical presence or coercion. Restraint does not include a prescribed Therapeutic Device or Intervention or a Safety Device or practice.

15. Review Team: means a group of persons, composed of a representative from the Department; a representative from Maine's Protection and Advocacy Agency; and a representative from the Maine Developmental Services Oversight and Advisory Board, responsible for reviewing Behavior Management Plans.

16.Safety Device: means an implement, garment, gate, barrier, lock or locking apparatus, video monitoring or video alarm device, helmet, mask, glove, strap, belt, or protective glove, limited to the person in question whose effect is to reduce or inhibit the person's movement in any way with the sole purpose of maintaining the safety of the person.

17.Seclusion: means 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.

18.Therapeutic Device or Intervention: means an apparatus or activity prescribed by a qualified professional to achieve proper body positioning, balance, or alignment or an action or apparatus that is designed to enhance sensory integration.

14- 197 C.M.R. ch. 1, § 02