Current through Register Vol. 39, No. 6, September 16, 2024
(a) Facilities shall implement policies and
practices that emphasize the use of alternatives to seclusion, physical
restraint and isolation time-out.
(b) Prior to providing services to people
with disabilities, staff including service providers, employees, students or
volunteers, shall demonstrate competence by successfully completing training in
communication skills and other strategies for creating an environment in which
the likelihood of imminent danger of abuse or injury to a person with
disabilities or others, or to property is prevented.
(c) Provider agencies shall establish
training based on state competencies, monitor for internal compliance and
demonstrate they acted on data gathered.
(d) The training shall be competency based,
include measurable learning objectives, measurable testing (written and by
observation of behavior) on those objectives and measurable methods to
determine passing or failing the course.
(e) Formal refresher training shall be
completed at least annually by each service provider.
(f) Content of the training that the service
provider plans to use shall be approved by the Division of MH/DD/SAS pursuant
to Paragraph (g) of this Rule.
(g)
Staff shall demonstrate competence in the following core areas:
(1) knowledge and understanding of the people
being served;
(2) recognizing and
interpreting human behavior;
(3)
recognizing the effect of internal and external stressors that may affect
people with disabilities;
(4)
strategies for building positive relationships with people with
disabilities;
(5) recognizing
cultural, environmental and organizational factors that may affect people with
disabilities;
(6) recognizing the
importance, and assisting people with disabilities in making decisions about
their life;
(7) skills in assessing
individual risk for escalating behavior;
(8) communication strategies for defusing and
de-escalating potentially dangerous behavior; and
(9) positive behavioral supports (providing
means for people with disabilities to choose activities which directly oppose
or replace behaviors which are unsafe).
(h) Service providers shall maintain
documentation of initial and refresher training for at least three years.
(1) Documentation shall include:
(A) who participated in the training and the
outcomes (pass/fail);
(B) when and
where they attended; and
(C)
instructor's name.
(2)
The Division of MH/DD/SAS may request and review this documentation at any
time.
(i) Instructor
Qualifications and Training Requirements:
(1)
Trainers shall demonstrate competence by scoring 100% on testing in a training
program aimed at preventing, reducing and eliminating the need for seclusion,
physical restraint and isolation time-out.
(2) Trainers shall demonstrate competence by
scoring a passing grade on testing in an instructor training program.
(3) The training shall be competency-based,
include measurable learning objectives, measurable testing (written and by
observation of behavior) on those objectives and measurable methods to
determine passing or failing the course.
(4) The content of the instructor training
the service provider plans to employ shall be approved by the Division of
MH/DD/SAS pursuant to Subparagraph (i)(5) of this Rule.
(5) Acceptable instructor training programs
shall include but not be limited to presentation of:
(A) understanding the adult
learner;
(B) methods for teaching
content of the course;
(C) methods
for evaluating trainee performance; and
(D) documentation procedures.
(6) Trainers shall have coached
experience teaching a training program aimed at preventing, reducing and
eliminating the need for physical restraint, seclusion and isolation time-out
at least one time, with a positive review by the coach.
(7) Trainers shall teach a training program
aimed at preventing, reducing and eliminating the need for seclusion, physical
restraint and isolation time-out at least once annually.
(8) Trainers shall complete a refresher
instructor training at least every two years.
(j) Service providers shall maintain
documentation of initial and refresher instructor training for at least three
years.
(1) Documentation shall include:
(A) who participated in the training and the
outcomes (pass/fail);
(B) when and
where attended; and
(C)
instructor's name; and
(2) The Division of MH/DD/SAS may request and
review this documentation at any time.
(k) Qualifications of Coaches:
(1) Coaches shall meet all preparation
requirements as a trainer.
(2)
Coaches shall teach at least three times the course which is being
coached.
(3) Coaches shall
demonstrate competence by completion of coaching or train-the-trainer
instruction.
(l)
Documentation shall be the same preparation as for trainers.
Authority
G.S
143B-147;
Temporary Adoption Eff.
February 1, 2001;
Temporary Adoption Expired October 13,
2001;
Amended Eff. April 1, 2003;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 1, 2018.
