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MaineLD 769132nd Maine Legislature (2025-2026)SenateWALLET

An Act Regarding Access to Behavioral Health Supports for Adults with Certain Disabilities

Sponsored By: Henry L. Ingwersen (Democratic)

Became Law

DISABLED PERSONSDISABLED PERSONS - DEVELOPMENTALLY DISABLED PERSONS

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Adult restraints limited to emergencies

Beginning April 1, 2026, adults with intellectual disability or autism are free from restraint except in short emergencies to stop imminent injury. Each use must be reported under the department’s reportable event rules. Blocking and brief physical redirection are not restraint.

One-year transition for restraint plans

Behavior plans with planned restraints that were active on April 1, 2026 may keep those restraints only until April 1, 2027. DHHS must approve the continuation, and it must be necessary. This is a one‑year transition while new limits take effect.

Adult behavioral plans: rights and reviews

Beginning April 1, 2026, adults can have positive behavioral support plans when requested or recommended. If a plan targets dangerous behavior, a medical practitioner checks for medical causes first. Positive plans cannot waive rights; any modifying plan that waives rights needs the adult’s informed consent, DHHS approval, and review by a licensed social worker or psychologist. Seclusion, corporal punishment, degrading actions or language, planned restraints, enclosed cribs or beds, and painful stimuli are banned. DHHS runs a quarterly support and safety committee with advocates, family, and a clinical reviewer to review plan data, and the law also repeals an older paragraph to reorganize these rules.

Rules for safety devices in adult care

Starting April 1, 2026, programs may use safety devices only with a written recommendation from a doctor, nurse practitioner, or physician assistant. The adult’s planning team must approve and record the use, and the adult or guardian must consent. If devices affect others in the home or program, providers must add accommodations and get others’ consent for any video that may record them.

Stronger safeguards for kids’ behavior programs

Starting April 1, 2026, behavior programs for children with intellectual disability or autism need a doctor’s assessment before trying to stop dangerous or harmful behavior. Seclusion, corporal punishment, degrading actions or language, nonconforming restraints, enclosed cribs or beds, and painful stimuli are banned. A review team with DHHS leaders and a nonvoting advocacy representative must approve programs case by case, and the advocate gets advance notice and papers. Until rules are adopted, the team cannot allow techniques more aversive than federal Medicaid standards. Providers must keep daily restraint records, share summaries with planning teams at least quarterly, and send monthly summaries to the advocacy agency; physical restraint is only to stop imminent injury or as part of an approved program.

Sponsors & Cosponsors

Sponsor

  • Henry L. Ingwersen

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 276

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    6/9/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/9/2025House

  4. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-234).In concurrence. ORDERED SENT FORTHWITH.

    6/4/2025House

  5. Report READ and ACCEPTED.READ ONCE.Committee Amendment "A" (S-234) READ and ADOPTED.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-234).Ordered sent down forthwith for concurrence.

    6/3/2025Senate

  6. CARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025Senate

  7. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.In concurrence. ORDERED SENT FORTHWITH.

    2/25/2025House

  8. Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed REFERENCE to the Committee on HEALTH AND HUMAN SERVICES Ordered sent down forthwith for concurrence

    2/25/2025Senate

Bill Text

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