Current through November 28, 2024
(a) A personal care
assistant may use restrictive intervention only
(1) as a response when a recipient presents
an imminent danger to the recipient's safety or to the safety of
others;
(2) when other types of
interventions have been tried, and documented as ineffective for safe
management of the recipient's behavior that requires intervention;
and
(3) if the type of intervention
is safe, proportionate to the recipient's behavior, and appropriate to the
recipient's chronological and developmental age, size, gender, and physical,
medical, and psychological condition.
(b) The personal care services provider shall
implement written policies and procedures that address
(1) the use of restrictive intervention in
regard to the recipient population served by the provider;
(2) a prohibition on the use of
(A) seclusion as a restrictive
intervention;
(3) training
in the use of restrictive intervention;
(4) documentation of each event that involves
the use of restrictive intervention; and
(5) evaluation of each use of restrictive
intervention.
(c) The
personal care services provider must have on tile written verification that
each personal care assistant has received training appropriate to the type of
restrictive intervention the provider has allowed that personal care assistant
to use,
(d) A personal care
services provider that uses restrictive intervention shall document in the
recipient's record
(2) the duration of time each
type of restrictive intervention was used;
(3) a description of the behavior that led to
the use of restrictive intervention;
(4) a rationale for, and a description of,
each type of restrictive intervention used;
(5) the recipient's response to each type of
restrictive intervention used; and
(6) the name of each personal care assistant
involved in the restrictive intervention.
(e) For purposes of analyzing and reporting
the use of restrictive interventions as required under (f) of this section, the
personal care services provider shall maintain a record of all occurrences
during which personal care assistants used restrictive interventions; the
record must document for each occurrence
(1)
the event or circumstances that necessitated the use of restrictive
intervention;
(2) the type of
restrictive intervention used;
(3)
the type of care provided to the recipient while a restrictive intervention is
applied; and
(4) the outcome for
the recipient and for the personal care assistant involved in the
event,
(f) The personal
care services provider shall develop and implement a system to manage and
report the use of restrictive intervention that includes
(1) a plan for documenting and tracking the
use of restrictive intervention;
(2) requirements for reporting, as a critical
incident under
7
AAC 125.102,
(A) the
misuse of restrictive intervention; and
(B) the use of restrictive intervention that
resulted in the need for medical intervention;
(3) a protocol for analyzing the use of
restrictive intervention each calendar quarter;
(4) a procedure for taking corrective action
based on the analysis; and
(5) a
process for summarizing the quarterly analyses and corrective action taken
under this subsection; the summary must be submitted to the department with the
provider's application for recertification under
7
AAC 125.060, or upon request.
(g) In this section,
(1) "chemical restraint"
(A) means the use of medication to restrict
freedom of movement in order to manage or control behavior, for disciplinary
purposes, or for the convenience of the provider;
(B) docs not include oral medication
prescribed for the purpose of managing behavior by an individual listed in
7
AAC 125.030(g)(2) and administered in
accordance with the applicable requirements of
7
AAC 125.030;
(2) "restrictive intervention" means an
action or procedure that limits an individual's movement or access to other
individuals, locations, or activities;
(3) "seclusion" means the involuntary
confinement of an individual alone in a room or an area from which the
individual is physically prevented from having contact with others or leaving.
Authority:AS
47.05.010
AS 47.07.030
AS
47.07.040
