Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 22 - DEVELOPMENTAL DISABILITIES
Chapter 10.22.10 - Behavior Support Services Program Service Plan
Section 10.22.10.05 - Behavior Plan (BP)
Universal Citation: MD Code Reg 10.22.10.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. A licensee shall ensure that a BP is developed for each individual for whom it is required.
B. The licensee shall ensure the BP:
(1) Is developed, in
conjunction with the team, by a licensed psychologist, psychology associate
under the supervision of a licensed psychologist, licensed behavior analyst,
licensed physician, licensed certified social worker, or licensed or certified
professional counselor, who shall have training and experience in applied
behavior analysis;
(2) Is based on
and includes a functional analysis or assessment of each challenging behavior
as identified in the IP;
(3)
Specifies the behavioral objectives for the individual, and includes:
(a) A description of the hypothesized
function of current behaviors including their frequency and severity,
and
(b) Criteria for determining
achievement of the objectives established;
(4) Takes into account the medical condition
of the individual;
(5) Describes
the treatment techniques and when the techniques are to be used;
(6) Specifies the emergency procedures to be
implemented for the individual with a history of exhibiting behaviors that
present a danger to self or serious bodily harm to others;
(7) Includes a description of the adaptive
skills to be learned by the individual that serve as functional alternatives to
the challenging behavior or behaviors to be decreased;
(8) Identifies the person or persons
responsible for monitoring the BP;
(9) Specifies the data to be collected to
assess progress towards meeting the BP's objectives; and
(10) Describes and documents each use of
mechanical and physical restraint, the reason for its use, and the length of
time used.
C. Before implementation, the licensee shall ensure that each behavior plan which includes the use of restrictive techniques is:
(1) Approved by the standing committee as
specified in COMAR
10.22.02.14E(1)(d);
and
(2) Includes written informed
consent of the:
(a) Individual,
(b) Individual's legal guardian, or
(c) Surrogate decision maker as defined n
Health-General Article, §5-605, Annotated Code of Maryland.
D. Before a licensee discontinues a behavior plan, the team and an individual appropriately licensed under Health Occupations Article with training and experience in applied behavior analysis shall recommend that the individual no longer needs a behavior plan.
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