Current through Reg. 50, No. 13; March 28, 2025
(a) The service provider agency must:
(1) ensure any restriction affecting the
designated resident is approved by the SPT and has written consent of the
designated resident or LAR before the imposition of the restriction, except
when an immediate threat to the designated resident's or another individual's
health and safety exists; and
(2)
receive and act on complaints about the service provider agency's own staff
members, individual service providers, or volunteers.
(b) When a behavior support plan includes
techniques that involve restriction of individual rights or intrusive
techniques, the service provider agency must ensure that the implementation of
such techniques includes:
(1) verbal and
written notification to the designated resident or LAR of the right to
discontinue participation in the behavior support plan at any time;
(2) assessment of the designated resident's
needs and current level or severity of the behavior targeted by the
plan;
(3) use of techniques
appropriate to the level or severity of the behavior targeted by the
plan;
(4) a written behavior
support plan developed by a qualified individual service provider as described
in §
368.406(k) of
this subchapter (relating to Provider Qualifications) with input from the
designated resident, LAR, the designated resident's SPT, and other professional
personnel;
(5) collection and
monitoring of behavioral data concerning the targeted behavior;
(6) allowance for the decrease in the use of
intervention techniques based on behavioral data;
(7) allowance for revision of the behavior
support plan when the desired behavior is not displayed or techniques are not
effective;
(8) consideration of the
effects of the techniques in relation to the designated resident's physical and
psychological well-being; and
(9)
at least annual review by the designated resident's SPT to determine the
effectiveness of the services and the need to continue the
techniques.
(c) Upon
suspicion or notification that a designated resident has been or is being
abused, neglected, or exploited, the service provider agency must take
necessary actions to secure the safety of the designated resident while the
designated resident is in the service provider agency's care, in accordance
with §
368.405(c) - (d)
of this subchapter (relating to Abuse, Neglect, and Exploitation of a
Designated Resident).
