Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
Section 411-304-0140 - Professional Behavior Services and Limitations
Universal Citation: OR Admin Rules 411-304-0140
Current through Register Vol. 63, No. 3, March 1, 2024
(1) PROFESSIONAL BEHAVIOR SERVICES.
(a) Professional behavior services include:
(A) Gathering and analyzing data and
information for the development of the TESP, FBA, and PBSP.
(B) Creating the TESP, FBA, and
PBSP.
(C) Orientation for an
individual on the findings of the FBA and behavior supports included in the
individual's TESP and PBSP.
(D)
Initial training to an individual's designated person on the findings of the
FBA and behavior supports included in the individual's TESP and PBSP.
(E) Analyzing and updating the behavior
supports developed as part of a PBSP.
(F) Modifying and revising a PBSP, as needed,
including when determined necessary by an individual's ISP team.
(G) Maintenance of the PBSP.
(b) Professional behavior services
must be authorized in an individual's ISP consistent with OAR
411-415-0070.
(2) TELECOMMUNICATIONS TECHNOLOGY. Professional behavior services may be delivered using secure, two-way, real time interactive telecommunications technology when all of the following conditions are met:
(a)
An individual or their legal or designated representative approves the use of
telecommunications technology and the approval is documented in the
individual's ISP or Annual Plan. An individual or their legal or designated
representative may revoke their permission to use telecommunications technology
at any time.
(b) An individual must
be provided appropriate support to access telecommunications
technology.
(c) An individual must
be provided the opportunity for in-person services in lieu of services
performed through telecommunications technology.
(3) LIMITATIONS.
(a) Professional behavior services and
behavior supports must not include any of the following characteristics:
(A) Abusive.
(B) Aversive.
(C) Coercive.
(D) For convenience.
(E) Disciplinary.
(F) Demeaning.
(G) Pain compliance.
(H) Punishment.
(I) Retaliatory.
(b) Professional behavior services do not
include any of the following:
(A) Assessing
and identifying behavior supports solely to meet the needs of an individual at
school and educational services for school-age individuals, such as
consultation and training classroom staff.
(B) Community living supports as described in
OAR chapter 411, division 450.
(C)
Dance or movement therapy.
(D)
Family therapy or sibling interaction counseling.
(E) Hippotherapy (equine therapy).
(F) Rehabilitation or treatment of mental
health conditions, such as therapy or counseling.
(G) Money or resource management.
(H) Music therapy.
(I) General parent education or parenting
classes.
(J) Services or supports
available under Medicaid Title XIX, private insurance, or alternative
resources.
(K) Sex offender
treatment.
(L) Speech and language
pathology.
(M) Modifications to a
medical order directing the use of safeguarding equipment or a safeguarding
intervention.
(N) Communication or
activities not directly related to the development, implementation, or
maintenance of an individual's PBSP.
(O) Vocational rehabilitation
services.
(c)
Professional behavior services may not be provided when Department-funded
services are suspended or where delivery of services is prohibited including,
but not limited to, any of the following settings:
(A) Jail or juvenile or adult correctional
facility.
(B) Medical or
psychiatric hospital.
(C) Nursing
facility.
(D) Education related
settings where special education and related services are available to an
individual through a local educational agency.
(E) Sub-acute facility.
(d) The amount of professional behavior
services an individual may receive are established in the Expenditure
Guidelines. The Department shall consider a request to exceed the amount if an
individual is unable to have their support needs related to ADL, IADL, and
health-related tasks met because of one of the following:
(A) The individual requires behavior supports
to address their challenging behaviors in multiple service settings.
(B) The individual exhibits exceptionally
complex behavior that actively poses a health and safety threat to self or
others.
(C) Translation or
interpretation services are required to overcome a language barrier between the
individual and their behavior professional.
(D) The individual currently exhibits
fluctuating challenging behaviors or has a relevant history of frequently
changing challenging behaviors.
(E)
The designated person delivering supports to the individual changes
frequently.
(F) The individual
resides or receives services in a frequently changing or unstable
environment.
(G) Other
circumstances are present that the Department determines require additional
support.
Statutory/Other Authority: ORS 409.050, 427.104 & 430.662
Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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