05-071-33 Me. Code R. § 6

Current through 2024-25, June 19, 2024

Section 071-33-6 - PHYSICAL RESTRAINT

1.Permitted uses of physical restraint

A covered entity that receives state or federal assistance may not subject a student to unlawful restraint or seclusion. A covered entity may use physical restraint only if:20-A M.R.S.A. § 4014(2)

A. Physical restraint may be is used only as an emergency intervention; when

B. The behavior of a student's behavior poses an imminent danger of serious physical injury to the student or another person, 20-A M.R.S.A.§ 4014(2)(A) and; presents a risk of injury or harm to the student or others, and

C. only after Less restrictive interventions would be ineffective in stopping imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A. § 4014(2)(B) other less intrusive interventions have failed or been deemed inappropriate.

D. The restraint ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A. § 4014(2)(C)

1) See Sec. (6)(4) "Termination of Physical Restraint"

E. The least amount of force necessary is used to protect the student or another person from imminent danger of serious physical injury. 20-A M.R.S.A. § 4014(2)(D)

F. Physical restraint must be implemented by staff certified in a state-approved training program to the extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a physical restraint and if the need for physical restraint continues, trained personnel must be summoned to the scene and must assume control of the situation as rapidly as possible

G. Physical restraint may be used to move a student only if the need for movement outweighs the risks involved in such movement.

H. Protective equipment or devices that are part of a treatment plan as prescribed by a licensed health care provider are not prohibited by this rule.

2.Unlawful restraint: Prohibited forms and uses of physical restraint

A. Mechanical restraint, 20-A M.R.S.A. § 4014(1)(I)(1) as defined in Sec. (2)(12);

B. Chemical restraint, 20-A M.R.S.A. § 4014(1)(I)(2) as defined in Sec. (2)(3);

C. Physical restraint or physical escort that is life-threatening, restricts breathing or blood flow to the brain, including prone restraint; or 20-A M.R.S.A. § 4014(1)(I)(3)

D. Physical restraint that is contraindicated based on Title 34-B, section3003 or section 15002 or the student's disability or health care needs or medical or psychiatric condition as documented in: 20-A M.R.S.A. § 4014(1)(I)(4)

1) A health care directive or medical management plan; 20-A M.R.S.A. § 4014(1)(I)(4)(a)

2) A behavior intervention plan; 20-A M.R.S.A. § 4014(1)(I)(4)(b)

3) An individual education plan or an individual family service plan, as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015); or 20-A M.R.S.A. § 4014(1)(I)(4)(c)

4) A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 794 (2015) or the federal Americans with Disabilities Act of 1990, Title II, 42 United States Code, Section 12131et seq. (2009). 20-A M.R.S.A. § 4014(1)(I)(4)(d)

E. Physical restraint may not be used for punitive purposes, staff convenience or to control challenging behavior.

F. Physical restraint may not be used to prevent property destruction or disruption of the environment in the absence of a risk of serious physical injury to the student or another person. injury or harm.

G. No physical restraint may be used that restricts the free movement of the diaphragm or chest or that restricts the airway so as to interrupt normal breathing or speech (restraint-related positional asphyxia) of a student.

H. No physical restraint may be used that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-down (e.g., tackle), the use of any physical structure (e.g. wall, railing or post), punching and hitting.

I. Physical restraint may not be used as a therapeutic or educational intervention.

J. Aversive procedures, as defined in Sec. (2)(1) and mechanical and chemical restraints may not be used under any circumstances.

K. Prescribed assistive devices are not considered mechanical restraints when used as prescribed. Their use must be supervised by qualified and trained individuals in accordance with professional standards.

L. Prescribed medications are not considered chemical restraints when administered by a health care provider consistent with a student's health care plan are permitted.

3.Monitoring of a student in physical restraint

A. At least two adults must be present at all times when physical restraint is used except when, for safety reasons, waiting for a second adult is precluded.

B. A student in physical restraint must be continuously monitored until the student no longer presents a risk of serious physical injury to themselves or another person. injury or harm to self or others.

C. In the event of an injury, local policy must be followed.

4.Termination of physical restraint

The staff involved in the use of physical restraint must continually assess for signs that the student in physical restraint is no longer presenting an imminent risk of serious physical injury to themselves or another person.

A. The physical restraint ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person 20-A M.R.S.A. § 4014(2)(C)

B. Time must be recorded consistent with the requirements of the documentation section of this rule and local policy.

C. The covered entity may request assistance from parents at any time during the incident.

D. If attempts to release the student from physical restraint have been unsuccessful and the student is still presenting behaviors that create a risk of serious physical injury to themselves or another person. injury or harm to self or others, the covered entity may request assistance from outside sources such as caregivers, case managers, crisis intervention teams, local emergency medical services, or other community resources.

E. If physical restraint continues for more than 10 minutes, an administrator or designee shall determine whether there continues to be a risk of serious physical injury to the student or another person, and if so, continued seclusion is warranted, and shall continue to monitor the status of the physical restraint every 10 minutes until the physical restraint is terminated.

5.Exclusions Emergency First Responders

Emergency first responders including, law enforcement officers or school resource officers employed by a police department, in the course of their professional duties, are not subject to this rule.

05-071 C.M.R. ch. 33, § 6