Section 7 AAC 125.104 - Use of restrictive intervention(a) A personal care assistant may use restrictive intervention only (1) as a response when a recipient presents an imminent danger to the recipient's safety or to the safety of others;(2) when other types of interventions have been tried, and documented as ineffective for safe management of the recipient's behavior that requires intervention; and(3) if the type of intervention is safe, proportionate to the recipient's behavior, and appropriate to the recipient's chronological and developmental age, size, gender, and physical, medical, and psychological condition.(b) The personal care services provider shall implement written policies and procedures that address (1) the use of restrictive intervention in regard to the recipient population served by the provider;(2) a prohibition on the use of (A) seclusion as a restrictive intervention;(3) training in the use of restrictive intervention;(4) documentation of each event that involves the use of restrictive intervention; and(5) evaluation of each use of restrictive intervention.(c) The personal care services provider must have on tile written verification that each personal care assistant has received training appropriate to the type of restrictive intervention the provider has allowed that personal care assistant to use,(d) A personal care services provider that uses restrictive intervention shall document in the recipient's record (2) the duration of time each type of restrictive intervention was used;(3) a description of the behavior that led to the use of restrictive intervention;(4) a rationale for, and a description of, each type of restrictive intervention used;(5) the recipient's response to each type of restrictive intervention used; and(6) the name of each personal care assistant involved in the restrictive intervention.(e) For purposes of analyzing and reporting the use of restrictive interventions as required under (f) of this section, the personal care services provider shall maintain a record of all occurrences during which personal care assistants used restrictive interventions; the record must document for each occurrence (1) the event or circumstances that necessitated the use of restrictive intervention;(2) the type of restrictive intervention used;(3) the type of care provided to the recipient while a restrictive intervention is applied; and(4) the outcome for the recipient and for the personal care assistant involved in the event,(f) The personal care services provider shall develop and implement a system to manage and report the use of restrictive intervention that includes (1) a plan for documenting and tracking the use of restrictive intervention;(2) requirements for reporting, as a critical incident under 7 AAC 125.102, (A) the misuse of restrictive intervention; and(B) the use of restrictive intervention that resulted in the need for medical intervention;(3) a protocol for analyzing the use of restrictive intervention each calendar quarter;(4) a procedure for taking corrective action based on the analysis; and(5) a process for summarizing the quarterly analyses and corrective action taken under this subsection; the summary must be submitted to the department with the provider's application for recertification under 7 AAC 125.060, or upon request.(g) In this section, (1) "chemical restraint" (A) means the use of medication to restrict freedom of movement in order to manage or control behavior, for disciplinary purposes, or for the convenience of the provider;(B) docs not include oral medication prescribed for the purpose of managing behavior by an individual listed in 7 AAC 125.030(g)(2) and administered in accordance with the applicable requirements of 7 AAC 125.030;(2) "restrictive intervention" means an action or procedure that limits an individual's movement or access to other individuals, locations, or activities;(3) "seclusion" means the involuntary confinement of an individual alone in a room or an area from which the individual is physically prevented from having contact with others or leaving. Eff. 7/22/2017,Register 223, October 2017Authority:AS 47.05.010
AS 47.07.030
AS 47.07.040