Current through Bulletin 2024-06, March 15, 2024
(1)
Each behavior support plan shall be based on the results of a functional
behavior assessment conducted by a qualified behavior professional.
(a) The functional behavior assessment guides
the design of each behavior intervention and shall include:
(i) a clear description of an unwanted target
behavior exhibited by a person;
(ii) any situation that predicts when an
unwanted target behavior will likely occur;
(iii) any consequence that maintains the
desired target behavior; and
(iv) a
summary statement or hypothesis.
(b) The functional behavior assessment may
include any interview, checklist, direct observation, or other helpful
information.
(2) Each
behavior support plan shall use the principles of ABA or any other intervention
consistent with best practice and research on effectiveness that is directly
related to a person's goals.
(a) A behavior
support plan is a modification to a person-centered support plan and must use
the least intrusive, effective intervention designed to assist a person with:
(i) acquiring or maintaining a skill;
or
(ii) preventing an unwanted
target behavior.
(b)
Staff shall provide the least intrusive intervention in the minimum amount
necessary for a purpose that includes:
(i)
preventing harm to the person;
(ii)
preventing harm to any other person; or
(iii) reducing property damage.
(c) A behavior support plan shall
include:
(i) an individualized assessed
need;
(ii) a clear description of
the behavior intervention;
(iii) a
focus on prevention;
(iv) a method
to teach a replacement behavior;
(v) a planned response to an unwanted target
behavior;
(vi) a data collection
system to evaluate at least annually the effectiveness of the plan and
determine if a modification may be ended;
(vii) documentation of each positive behavior
intervention and support used before modifying the behavior support plan and
person-centered support plan;
(viii) documentation of each less intrusive
method of meeting the need that was previously used and did not work, including
an explanation of why the method did not work;
(ix) an assurance that each behavior
intervention and support cause no harm to the person; and
(x) the informed consent of the
person.
(d) A behavior
intervention included in a behavior support plan must comply with Section
R539-3-10.
(3) A non-intrusive behavior intervention may
be used informally and without approval.
(a)
Document a non-intrusive behavior intervention in a written support strategy or
a behavior support plan.
(b) A
non-intrusive behavior intervention includes:
(i) reinforcement;
(ii) error correction;
(iii) extinction;
(iv) positive behavior
intervention;
(v) positive behavior
supports; and
(vi) positive
practice overcorrection.
(c) Use of a non-intrusive behavior
intervention must comply with Section
R539-3-10.
(4) A behavior support plan that includes an
intrusive behavior intervention requires review and approval at least annually
by the Provider Peer Review Committee as described in Section
R539-4-3 and the
Provider Human Rights Committee as described in Section
R539-3-4.
(a) Any intrusive behavior intervention must
be directly proportionate to the assessed need.
(b) An intrusive behavior intervention must
be included in the behavior support plan as described in Section
R539-4-6.
(c) The Provider Peer Review Committee and
the Provider Human Rights Committee must promote use of a non-violent
intervention or a de-escalation technique.
(5) A behavior support plan shall be
implemented only after:
(a) a review
committee approves any intrusive behavior intervention;
(b) the team approves the behavior support
plan; and
(c) the person gives
informed consent.
(6) A
person must consent to a behavior support plan before implementing the plan.
(a) If a person does not consent to a
behavior support plan approved by the team, the Provider Human Rights Committee
shall:
(i) review the behavior support plan;
and
(ii) make a recommendation to
the person and the team about how to proceed.
(b) The person may appeal the Provider Human
Rights Committee decision to the Division Human Rights Council.
(7) Each staff involved in
implementing a procedure outlined in the behavior support plan shall receive
adequate training on a behavior support plan before implementation. The
provider shall document and keep a record of training completion.
