Current through Register Vol. 48, No. 26, December 26, 2023
Subpart 1.
Policy.
A program that uses special assessment and treatment procedures
must develop and follow a policy that describes the:
A. specific procedures to be included in the
policy;
B. purpose and rationale
for the use of each procedure;
C.
qualifications of staff who implement the procedure;
D. conditions and safeguards under which the
procedure is used for a particular client;
E. process by which the procedure is approved
for use with a client;
F.
determination of which procedures are voluntary and require informed consent
from the client or the client's legal guardian, as appropriate;
G. process to obtain and document informed
consent; and
H. process by which
the use of the procedure is documented and evaluated for
effectiveness.
Subp. 2.
Specific standards for the psychophysiological assessment of
deception.
In addition to the requirements in subpart
1, the standards in items A
and B apply if a psychophysiological assessment of deception is used.
A. The procedure must be administered in a
controlled setting using questions developed in conjunction with the sex
offender treatment staff and the client, and in accordance with the current
standards and principles of practice published by the American Polygraph
Association (Chattanooga, Tennessee, August, 1998), and the current ethical
standards and principles for the use of physiological measurements and
polygraph examinations of the Association for the Treatment of Sexual Abusers
(Beaverton, Oregon, August, 1998). Both of the referenced standards and
principles are incorporated by reference and are available through the Minitex
interlibrary loan system. Both of the referenced standards and principles are
subject to frequent change.
B. The
procedure must be administered by a qualified examiner as described in part
2965.0090, subpart 7.
Subp. 3.
Specific standards
for the psychophysiological assessment of sexual response.
In addition to the requirements under subpart
1, the standards in items A
and B apply if the psychophysiological assessment of sexual response is
used.
A. The procedure must be
administered in a controlled setting and in accordance with the current ethical
standards and principles for the use of physiological measurements and
plethysmograph examinations of the Association for the Treatment of Sexual
Abusers (Beaverton, Oregon, August, 1998), which are incorporated by reference
and are available through the Minitex interlibrary loan system. The standards
and principles are subject to frequent change.
B. The procedure must be administered by a
qualified examiner as described in part
2965.0090, subpart 8.
C. Materials used as stimuli in the procedure
must be stored securely.
Subp.
4.
Additional standard for results and interpretation of
data.
The results obtained through the use of psychophysiological
procedures in sex offender treatment must be used for assessment, treatment
planning, treatment monitoring, or risk assessment. The results must be
interpreted within the context of a comprehensive assessment and treatment
process and may not be used as the only or the major source of clinical
decision making and risk assessment.
Subp. 5.
Contract for
technology.
A program that does not own or operate the particular
technology required to conduct psychophysiological assessments of deception or
sexual response must contract with a qualified consultant or program that has
the appropriate technology and meets the standards for use of the procedure in
this part.
23 SR
1997
Statutory Authority: MS s
241.67
