§ 7-1102
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/md/education/7-1102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§7–1102.
(a)This section does not apply to the Juvenile Services Education Program.
(b)A public agency may not use seclusion as a behavioral health intervention for a student.
(c)Neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:
(1)Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and
(2)Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.
(1)A nonpublic school may not use seclusion as a behavioral health intervention for a student unless:
(i)Seclusion is necessary to protect the student or another individual from imminent serious physical harm;
(ii)Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;
(iii)A health care practitioner who qualifies under subsection
(e)of this section is on site and is directly observing the student during the seclusion;
(iv)The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;
(v)If the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and
(vi)The period of seclusion lasts the lesser of:
1. 30 minutes; or
2. A point in time during which the student no longer poses a threat of imminent serious physical harm.
(i)For a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student’s physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.
(ii)A determination under this paragraph shall be made:
1. At each annual review of the student’s individualized education program; and
2. Within 10 days of a student’s placement being changed.
(i)If a student’s behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
(ii)If the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student’s individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
(e)Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:
(i)Be a physician, licensed to practice under Title 14 of the Health Occupations Article;
(ii)Be a psychologist, licensed to practice under Title 18 of the Health Occupations Article;
(iii)Be a clinical social worker, licensed to practice under Title 19 of the Health Occupations Article;
(iv)Be a registered nurse, licensed to practice under Title 8 of the Health Occupations Article; or
(v)Be a clinical professional counselor, licensed under Title 17 of the Health Occupations Article;
(2)Have received training in all topics required under COMAR 13A.08.04.06, in effect on June 30, 2022; and
(3)Be clinically familiar with a student.