34-B §5601. Definitions - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 5: MENTAL RETARDATION

Subchapter 4: RIGHTS OF PERSONS WITH MENTAL RETARDATION OR AUTISM HEADING: PL 1993, C. 326, §1 (RPR)

§5601. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1983, c. 459, §7 (NEW).]

1. Client.

[ 1993, c. 326, §2 (RP) .]

1-A. Ally. "Ally" means an individual who a person trusts to provide assistance.

[ 2007, c. 356, §22 (NEW); 2007, c. 356, §31 (AFF) .]

2. Day facility. "Day facility" means any nonresidential facility owned, operated, licensed or funded, in whole or in part, by the department or through the department.

[ 1983, c. 459, §7 (NEW); 2003, c. 689, Pt. B, §6 (REV) .]

3. Express and informed consent. "Express and informed consent" means consent voluntarily given with sufficient knowledge and comprehension of the subject matter involved so as to enable the person giving consent to make an understanding and enlightened decision, without any element of force, fraud, deceit, duress or other form of constraint or coercion.

[ 1983, c. 459, §7 (NEW) .]

4. Habilitation. "Habilitation" means the process by which an individual is assisted to acquire and maintain those life skills which enable him to cope with the demands of his own person and environment, to raise the level of his physical, mental and social efficiency and to upgrade his sense of well-being, including, but not limited to, programs of formal, structured education and treatment.

[ 1983, c. 459, §7 (NEW) .]

5. Normalization principle. "Normalization principle" means the principle of assisting the person with mental retardation or autism to obtain an existence as close to normal as possible and making available to that person patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society.

[ 1993, c. 326, §3 (AMD) .]

5-A. Person receiving services. "Person receiving services" means a person with mental retardation or autism receiving services from the bureau or from an agency or facility licensed or funded to provide services to persons with mental retardation or autism except those presently serving sentences for crime.

[ 1993, c. 326, §4 (NEW) .]

6. Residential facility. "Residential facility" means a facility providing 24-hour residential services for persons with mental retardation or autism that is owned, operated, licensed or funded, in whole or in part, by the department or through the department.

[ 1993, c. 326, §5 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]

7. Seclusion. "Seclusion" means the solitary placement of a person receiving services in a locked room for any period of time.

[ 1993, c. 326, §5 (AMD) .]

7-A. Supports. "Supports" are those actions or that assistance that permits a person with mental retardation or autism to carry out life activities as the person desires.

[ 1993, c. 326, §6 (NEW) .]

8. Treatment. "Treatment" means the prevention, amelioration or cure of physical and mental disabilities or illness of a person receiving services.

[ 1993, c. 326, §7 (AMD) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1993, c. 326, §§2-7 (AMD). 2003, c. 689, §B6 (REV). 2007, c. 356, §22 (AMD). 2007, c. 356, §31 (AFF).