Current through Reg. 50, No. 187; September 24, 2024
(1) All written plans describing behavior
analysis services consistent with subsection
65G-4.009(10),
F.A.C., shall be submitted to the local review committee chairperson within
five working days following implementation.
(2) All behavior analysis services designed
to include restricted procedures or those services designed to address those
actions of the individual which, without behavioral, physical, or chemical
intervention can be expected to result in outcomes identified in subsection
65G-4.010(3),
F.A.C., below and will be provided or supervised by a Certified Behavior
Analyst as defined in subsection
65G-4.001(5),
F.A.C., or a person licensed pursuant to Chapter 490 or 491, F.S.: In those
cases where it is unclear whether behavior analysis services meet either
criteria, the provider must contact the LRC chairperson to determine the need
for LRC review.
(3) Written plans
describing behavior analysis services must be submitted to the LRC chairperson,
when:
(a) Behavior analysis services include
restricted procedures such as:
1. The
contingent delivery or removal of events to reduce the probability of
occurrence of a problem behavior, including but not limited to: extinction or
withholding of reinforcement for those behaviors referenced in paragraph
65G-4.010(3)(b),
F.A.C., response blocking for more than 15 seconds, contingent exercise,
restitutional overcorrection, positive practice overcorrection, time-out and
response cost.
2. The removal of an
aversive event contingent upon the display of a behavior targeted for increase,
including but not limited to, Functional Communication Training using removal
of demands or noise as a reinforcer, and desensitization programs.
3. Access to abundant amounts of an event or
stimulus so that it loses potency as a reinforcer, and severely restricted
access to an event or stimulus to increase its potency as a
reinforce.
4. Behavioral protective
devices, as defined in subsection
65G-8.001(4),
F.A.C., and electronic devices for monitoring and signaling.
5. Dietary manipulations.
(b) Behavior analysis services address
behaviors that:
1. Have resulted in
self-inflicted, detectable damage, or resulted in external or internal damage
requiring medical attention or are expected to increase in frequency, duration,
or intensity resulting in self-inflicted, external or internal damage requiring
medical attention.
2. Have occurred
or are expected to occur with sufficient frequency, duration or magnitude that
a life-threatening situation might result, including excessive eating or
drinking, vomiting, ruminating, eating non-nutritive substances, refusing to
eat, holding one's breath, or swallowing excessive amounts of air.
3. Have resulted in detectable damage, or
external or internal damage to other persons that requires medical attention or
are expected to increase in frequency, duration or intensity resulting in
external or internal damage to other persons that requires medical
attention.
4. Have resulted or are
expected to result in major property damage or destruction.
5. Have resulted or are expected to result in
arrest and confinement by law enforcement personnel.
6. Have resulted in the need or meet the
characteristics for behavioral services in a Behavior Focused or Intensive
Behavior Residential Habilitation program.
7. Have resulted in the need for additional
staffing or Behavior Assistant Services in one or more settings.
8. Have resulted in the repeated use of
reactive strategies without a formal approved behavior
plan.
(c) Behavioral
programs or manuals implemented as group contingencies or behavior change
systems, including behavioral program manuals, level systems and token
economies, are implemented.
Rulemaking Authority 393.13(4)(g)3. FS. Law Implemented
393.13(4)(g)3. FS.
New 9-23-96, Formerly 10F-4.031,
65B-4.030, Amended
4-4-12.
