§ 34-B §5605 — Rights and basic protections of a person with an intellectual disability, autism or an acquired brain injury

Maine § 34-B §5605

• Jurisdiction: Maine
• Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES
• Ch. 5: INTELLECTUAL DISABILITIES AND AUTISM

Text

A person with an intellectual disability or autism is entitled to the following rights and basic protections. A person with an acquired brain injury is entitled to the rights and basic protections outlined in subsections 1 to 11.
1.
Humane treatment.
A person with an intellectual disability, autism or an acquired brain injury is entitled to dignity, privacy and humane treatment.
2.
Practice of religion.
A person with an intellectual disability, autism or an acquired brain injury is entitled to religious freedom and practice without any restriction or forced infringement on that person's right to religious preference and practice.
3.
Communications.
A person with an intellectual disability, autism or an acquired brain injury is entitled to private communications.
4.
Work.
A person with an intellectual disability, autism or an acquired brain injury engaged in work programs that require compliance with state and federal wage and hour laws is entitled to fair compensation for labor in compliance with regulations of the United States Department of Labor.
5.
Vote.
A person with an intellectual disability, autism or an acquired brain injury may not be denied the right to vote.
6.
Personal property.
A person with an intellectual disability, autism or an acquired brain injury is entitled to the possession and use of that person's own clothing, personal effects and money, except when temporary custody of clothing or personal effects 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 section 5604.
7.
Nutrition.
A person with an intellectual disability, autism or an acquired brain injury is entitled to nutritious food in adequate quantities and meals may not be withheld for disciplinary reasons.
8.
Medical care.
A person with an intellectual disability, autism or an acquired brain injury is entitled to receive prompt and appropriate medical and dental treatment and care for physical and mental ailments and for the prevention of any illness or disability, and medical treatment must be consistent with the accepted standards of medical practice in the community, unless the religion of the person with an intellectual disability, autism or an acquired brain injury so prohibits.
9.
Sterilization.
A person with an intellectual disability, autism or an acquired brain injury may not be sterilized, except in accordance with chapter 7.
10.
Social activity.
A person with an intellectual disability, autism or an acquired brain injury is entitled to opportunities for behavioral and leisure time activities that include social interaction in the community, as set out in section 5610. This right may be waived or restricted only under the rules adopted pursuant to section 5604 or pursuant to a treatment plan approved pursuant to section 5603, subsection 1.
11.
Physical exercise.
A person with an intellectual disability, autism or an acquired brain injury is entitled to opportunities for appropriate physical exercise, including the use of available indoor and outdoor facilities and equipment.
12.
Discipline.
Discipline of persons with intellectual disabilities or autism is governed as follows.
13.
(TEXT EFFECTIVE UNTIL 4/01/26) Behavioral support, modification and management.
Behavior modification and behavior management of and supports for a person with an intellectual disability or autism who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows.
13.
(TEXT EFFECTIVE 4/01/26) Behavioral health support, modification and management for children.
Behavior modification and behavior management of and supports for a person who has not attained 18 years of age with an intellectual disability or autism and who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows.
13-A.
(TEXT EFFECTIVE 4/01/26) Behavioral health support, modification and management for adults.
Behavioral supports for an adult with an intellectual disability or autism who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows.
13-B.
(TEXT EFFECTIVE 4/01/26) Safety devices for adults.
The use of a safety device for an adult with an intellectual disability or autism is governed as follows.
14.
Physical restraints.
14-A.
(TEXT EFFECTIVE UNTIL 4/01/26) Restraints.
A person with an intellectual disability or autism is entitled to be free from restraint unless:
14-A.
(TEXT EFFECTIVE 4/01/26) Restraints for children.
A person who has not attained 18 years of age with an intellectual disability or autism is entitled to be free from restraint unless:
14-B.
Mechanical supports.
14-C.
Safety devices.
14-D.
Reimbursement provided.
Notwithstanding any other provision of law, the department shall provide reimbursement within available resources for durable medical equipment that provides a safe sleeping environment for individuals under 16 years of age if:
14-E.
(TEXT EFFECTIVE 4/01/26) Restraints for adults.
An adult with an intellectual disability or autism is entitled to be free from restraint unless the restraint is an emergency short-term step to protect the adult from imminent injury to that adult or others. Each use of restraint must be documented in accordance with the department's reportable event requirements. For the purposes of this subsection, "restraint" does not include blocking or physical redirection. Blocking is a momentary deflection of a person's movement without holding when that movement would be destructive or harmful. Physical redirection is steering a person without holding or coercion.
15.
Records.
All records of persons receiving services must remain confidential as provided in section 1207.
16.
Therapeutic devices or interventions.
Therapeutic devices or interventions must be prescriptively designed by a qualified professional and applied with concern for principles of good body alignment and circulation and allowance for change of position. The department may adopt rules concerning the use of therapeutic devices or interventions. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
17.
Safety devices and practices.
A safety device or practice must be prescribed by a physician. A safety device must be designed and applied with concern for principles of good body alignment and circulation and allowance for change of position. The department may adopt rules concerning the use and approval of safety devices or practices. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
The department may adopt rules as necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 1983, c. 459, §7 (NEW). PL 1987, c. 769, §A129 (AMD). PL 1993, c. 326, §9 (AMD). PL 2001, c. 245, §§1-4 (AMD). PL 2003, c. 368, §§1,2 (AMD). PL 2003, c. 564, §§1-3 (AMD). PL 2007, c. 356, §25 (AMD). PL 2007, c. 356, §31 (AFF). PL 2007, c. 573, §§1-4 (AMD). PL 2007, c. 695, Pt. D, §3 (AFF). PL 2009, c. 100, §1 (AMD). PL 2011, c. 186, Pt. A, §§18-34 (AMD). PL 2011, c. 542, Pt. A, §129 (AMD). PL 2011, c. 657, Pt. EE, §§9, 10 (AMD). PL 2013, c. 310, §7 (AMD). PL 2013, c. 500, §1 (AMD). PL 2021, c. 284, Pt. A, §§10-22 (AMD). PL 2025, c. 276, §§1-6 (AMD). PL 2025, c. 276, §10 (AFF). PL 2025, c. 316, §3 (REV).