Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General prohibitions.
The procedures identified in Minnesota
Statutes, section
245D.06,
subdivision 5, are prohibited and are governed by the requirements of that
section and this chapter.
Subp.
2.
Specific prohibitions.
The actions or procedures listed in items A to Y are prohibited
from use as a substitute for adequate staffing, for a behavioral or therapeutic
program to reduce or eliminate behavior, as punishment, or for staff
convenience:
A. using prone restraint,
metal handcuffs, or leg hobbles;
B.
using faradic shock;
C. speaking to
a person in a manner that ridicules, demeans, threatens, or is
abusive;
D. using physical
intimidation or a show of force;
E.
containing, restricting, isolating, secluding, or otherwise removing a person
from normal activities when it is medically contrain-dicated or without
monitoring the person;
F. denying
or restricting a person's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the
person's functioning. When the temporary removal of the equipment or device is
necessary to prevent injury to the person or others or serious damage to the
equipment or device, the equipment or device must be returned to the person as
soon as imminent risk of injury or serious damage has passed;
G. using painful techniques, including
intentional infliction of pain or injury, intentional infliction of fear of
pain or injury, dehuman-ization, and degradation;
H. hyperextending or twisting a person's body
parts;
I. tripping or pushing a
person;
J. using punishment of any
kind;
K. requiring a person to
assume and maintain a specified physical position or posture;
L. using forced exercise;
M. totally or partially restricting a
person's senses;
N. presenting
intense sounds, lights, or other sensory stimuli;
O. using a noxious smell, taste, substance,
or spray, including water mist;
P.
depriving a person of or restricting access to normal goods and services, or
requiring a person to earn normal goods and services;
Q. using token reinforcement programs or
level programs that include a response cost or negative punishment
component;
R. using a person
receiving services to discipline another person receiving services;
S. using an action or procedure which is
medically or psychologically contraindicated;
T. using an action or procedure that might
restrict or obstruct a person's airway or impair breathing, including
techniques whereby individuals use their hands or body to place pressure on a
person's head, neck, back, chest, abdomen, or joints;
U. interfering with a person's legal rights,
except as allowed by Minnesota Statutes, section
245D.04,
subdivision 3, paragraph (c). For purposes of this item, "legal rights" means
rights afforded in federal regulation or state licensing standards governing
the program;
V. mechanical
restraint, in accordance with Minnesota Statutes, section
245D.06,
subdivision 5;
W. chemical
restraint, in accordance with Minnesota Statutes, section
245D.06,
subdivision 5;
X. manual restraint,
except in an emergency in accordance with Minnesota Statutes, section
245D.061;
and
Y. using any other
interventions or procedures that may constitute an aversive or deprivation
procedure.
Subp. 3.
Restrictions.
Restrictions on the use of procedures as identified under
Minnesota Statutes, section
245D.06,
subdivision 6, are governed by the requirements of that section and this
chapter.
