14- 191 C.M.R. ch. 1, § III - LEGAL BASIS

This rule is developed in conformance with and recognition of federal mandates in the Developmental Disabilities Assistance and Hill of Rights Act ( 42USC600 et seq.) which require that agencies serving developmentally disabled clients "shall develop standards which are designed to assure the most favorable possible outcomes for those served" and that those "standards are, at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded, as appropriate, considering the size and service delivery arrangements of those agencies" (39 Federal Register Part 11 January 17, 1974). Maine State Law empowers the Department of Human Services to license ICFs/MR ( 22 MRSA subsection1811 ). Acting on Its mandate to license ICFs/MR, the Department of Human Services has promulgated regulations governing the licensing and functioning of ICFs/MR. (DHS Bureau of Medical Services ­Chapter 118 - Regulations Governing the Licensing and Functioning of ICFs for the Mentally Retarded, July 1, 1980). Those regulations require in pertinent part [DHS Regs. Page 34 - 6(E)] that the governing body of the home shall establish a Human Rights Committee to assure the protection of the resident and resident's rights. Those regulations further state (DHS Regs. Page 32 6(D)(19)] that "all alleged instances of mistreatment, neglect or abuse shall be reported... to ... the rights committee ... and there shall be a written report documenting... thorough and prompt investigation" with findings stated.

Furthermore, the Department of Mental Health and Mental Retardation has entered into a consent judgment In a right to treatment suit for the mentally retarded Wuori v Concannon No. 75-80-P CD. Me. July 14, 1978). it is the policy of the Department that all clients receiving services as a result of this class action suit can receive aversive conditioning treatment only after positive reinforcement and other less drastic alternatives have been tried and failed and the aversive conditioning program has received the approval of a three-person committee consisting of one member of the Consumer Advisory Board, the client's advocate and a representative of the Bureau of Mental Retardation.

Notes

14- 191 C.M.R. ch. 1, § III