Maine amends law limiting restraint use for adults with disabilities

February 25, 2025 | Introduced, Senate, 2025 Bills , Maine Legislation Bills, Maine


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Maine amends law limiting restraint use for adults with disabilities
On February 25, 2025, the Maine Senate introduced Senate Bill 769, a significant legislative proposal aimed at reforming the use of restraints on adults with intellectual disabilities or autism. The bill seeks to amend existing laws governing access to behavioral health supports, emphasizing the protection and dignity of vulnerable individuals.

The primary purpose of Senate Bill 769 is to limit the use of restraints, allowing them only as emergency measures to prevent imminent harm to the individual or others. This change reflects a growing recognition of the need for humane treatment and the importance of minimizing physical interventions in care settings. The bill mandates that any use of restraints must be documented according to the department's reportable event requirements, ensuring accountability and transparency.

Key provisions of the bill include the replacement of a complex multiparty review process with a more streamlined clinical review requirement. This aims to simplify access to necessary behavioral health supports while maintaining oversight. Additionally, the bill clarifies that safety devices used in care settings do not fall under the same review requirements as positive behavioral health support plans, thereby reducing bureaucratic hurdles for providers.

Notably, the bill has sparked discussions regarding the balance between safety and autonomy for individuals with disabilities. Advocates for disability rights have largely supported the bill, viewing it as a step toward more respectful and person-centered care. However, some service providers have expressed concerns about the potential challenges in emergency situations where restraints might be necessary for safety.

The implications of Senate Bill 769 extend beyond immediate care practices. By codifying existing rules and repealing outdated provisions regarding house rules in residential services, the bill aligns state law with current practices and standards in behavioral health care. This legislative move is expected to foster a more supportive environment for individuals with intellectual disabilities and autism, promoting their rights and well-being.

As the bill progresses through the legislative process, stakeholders are closely monitoring its developments. If passed, Senate Bill 769 could set a precedent for similar reforms in other states, reflecting a broader shift toward prioritizing the rights and dignity of individuals with disabilities in care settings.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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