Section 197-5-8 - EMERGENCY INTERVENTIONS, INCLUDING RESTRAINT, REMOVAL OF PERSONAL PROPERTY AND SPECIALIZED RESTRAINT5.08-1Emergency InterventionEmergencies occur when a Person's Challenging Behavior presents an Imminent Risk to the health and/or safety of the Person or the community.
A. If necessary to protect the Person or the community from Imminent Risk, Emergency Interventions, including Specialized Restraints, otherwise permitted in this regulation may be used on an Emergency basis.B. When Emergency Intervention is utilized, the least restrictive technique necessary to make the situation safe must be used.C. Any Emergency Intervention must be terminated as soon as the need for protection is over; no further restriction may be imposed.D. Emergency Intervention may include temporary removal of personal property to protect the Person or the community from Imminent Risk of injury. The property must be returned as soon as it is safe to do so as required by "Rights and Basic Protections of a Person with Intellectual Disabilities or Autism - 6. Personal property" (34-B M.R.S. §5605.6) .E. Whenever Emergency Intervention is used, it must be reported under Departmental rule 14-197 Chapter 12, §6.03 ("Regulations Governing Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Intellectual Disabilities or Autism - Reportable Events and Protective Responsibilities").F. Prohibited practices, as outlined in Section 5.06 of this regulation, must not be used on an Emergency basis.5.08-2Training in Emergency InterventionsWhere there is any history of Challenging Behavior or cause to believe Challenging Behavior may occur, all direct support professionals who support the Person must be trained, in accordance with these regulations, in Positive Supports and appropriate use of Behavior Management strategies, and Emergency or Specialized Restraint programs approved by the Department.
5.08-3Recurring Patterns The predictable and routine use of Emergency Intervention does not afford a Person the level of protection and oversight intended by these regulations
If an Emergency Restraint is used on a Person more than three (3) times in a two-week period, or six (6) times in any 365-day period, or is used in a recurring pattern; or other Emergency Intervention (Specialized Restraint or removal of personal property) is used three (3) times in a 365-day period then the Planning Team must ensure a Functional Assessment is developed or updated and the Positive Support Plan reviewed for effectiveness. In addition:
A. An IST must be convened.B. If the Planning Team determines a Behavior Management Plan is warranted, an appropriate Plan must be developed and submitted for approval pursuant to this regulation.C. When a Behavior Management Plan is identified as a need and is not developed within sixty days, the Planning Team must identify it as an unmet need.D. If the Planning Team does not develop a Behavior Management Plan, the Planning Team must submit to the Review Team for approval a justification explaining why a Behavior Management Plan is not necessary. The Review Team may require that a Behavior Management Plan be developed to address recurring Challenging Behavior.