Current through November 28, 2024
(a) A Community
First Choice 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 Community First Choice personal care
services provider agency 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
provider agency must have on file written verification that each Community
First Choice personal care assistant has received training appropriate to the
type of restrictive intervention the provider agency has allowed that personal
care assistant to use.
(d) A
personal care assistant 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 person 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
provider agency 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 provider agency 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 127.155,
(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 A AC 127.050, 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) does 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 a recipient alone in a room or an area from which the recipient
is physically prevented from having contact with others or leaving.
Authority:AS
47.05.010
AS 47.07.030
AS 47.07.036
AS 47.07.040
