Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Appointment.
The commissioner shall appoint members to an external program
review committee to monitor the implementation of this chapter.
Subp. 2.
Membership.
The commissioner must select committee members based on their
expertise and knowledge on the use of positive support strategies as
alternatives to the use of restrictive interventions. The committee shall
include an expert in positive support strategies; a mental health professional
as defined in Minnesota Statutes, section
245.462; a licensed
health professional as defined in Minnesota Statutes, section
245D.02, subdivision
14; and a representative of the Department of Health.
Subp. 3.
Duties and
responsibilities.
The external program review committee shall monitor
implementation of this chapter, make recommendations to the commissioner about
policy changes related to the requirements in this chapter, and make
recommendations to the commissioner to approve or deny requests for emergency
use of procedures in accordance with Minnesota Statutes, section
245.8251,
subdivision 4. The committee shall:
A.
review requests made in accordance with the requirements of Minnesota Statutes,
section
245D.06,
subdivision 8, paragraph (b), for emergency use of procedures that have been
part of an approved positive support transition plan when necessary to protect
a person from imminent risk of serious injury as defined in Minnesota Statutes,
section
245.91, subdivision
6, due to self-injurious behavior, and make a recommendation to the
commissioner to approve or deny these requests. The committee must base its
recommendation upon the determination that the provider has made a good faith
effort to reduce the need for the procedure and that the emergency use of
procedures is necessary to protect the person from imminent risk of serious
injury. The committee must base its determination upon the documentation
provided in accordance with Minnesota Statutes, section
245D.06,
subdivision 8, paragraph (c). The committee must include in an approval the
additional terms or conditions that the license holder must meet specific to
that approval, if any;
B. review
requests for use of a prohibited procedure that is not specifically permitted
by part 9544.0050, or specifically prohibited by part 9544.0060, and make a
recommendation to the commissioner to approve or deny these requests . The
committee must base its recommendation upon the determination that the provider
has made a good faith effort to reduce the need for a restrictive intervention
and that the prohibited procedure is necessary to protect the person's health
and safety for a limited time while positive support strategies are developed
and implemented. Requests for use of a prohibited procedure must include the
following:
(1) a copy of the person's current
positive support transition plan, copies of each positive support transition
plan review, if any, and data on the interfering behavior;
(2) documentation of methods the provider has
tried to reduce and eliminate the incidence of interfering behavior that have
not been successful;
(3)
documentation of the assessments performed to determine the function of the
behavior for which the interventions have been developed;
(4) documentation of a good faith effort to
eliminate the use of restrictive interventions currently in use;
(5) documentation that the interfering
behavior is unlikely to be prevented in the immediate future by a reasonable
increase in staffing or the provision of other positive supports;
(6) justification for the use of the
procedure that identifies the imminent risk of serious injury due to the
person's interfering behavior if the procedure were not utilized;
(7) documentation of the persons consulted in
creating and maintaining the current positive support transition
plan;
(8) documentation of approval
by the person's expanded support team of the submission to the committee of the
request for use of a prohibited procedure; and
(9) additional documentation as requested by
the committee. The committee must base its determination upon the documentation
provided in accordance with this chapter. The committee must include in an
approval the additional terms or conditions that the license holder must meet
specific to that approval, if any;
C. evaluate the programs and systems of a
license holder making a request under item A or B to ascertain the license
holder's overall capacity to serve persons who are the subject of the request;
D. review each reported emergency
use of manual restraint and the license holder's response to the emergency use
for the person. The commissioner must identify criteria that the external
program review committee will use to evaluate the license holder's response. If
the committee determines that a change is needed to reduce the frequency or
duration of future emergency uses by the license holder, the external program
review committee must provide guidance to the license holder about its
response; and
E. assess the
competency of qualified professional applicants to develop and implement
positive support transition plans.
Subp. 4.
Number of external program
review committees.
The commissioner may designate more than one external program
review committee based on the number of requests for emergency use of
procedures reviewed by the interim review panel under Minnesota
Statutes, section
245.8251,
subdivision 4. The criteria used to review requests according to subpart
3, items A and B, must be
uniform across committees.
