Or. Admin. Code § 411-304-0150

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-304-0150 - Professional Behavior Service Planning

(1) A behavior professional develops and implements the following:

(a) A TESP as described in section (3) of this rule.

(b) An FBA as described in section (4) of this rule.

(c) A PBSP as described in section (5) of this rule.

(d) Maintenance of the PBSP as described in section (6) of this rule.

(2) A behavior professional must review the documents described in section (1) of this rule with an individual and their case manager and designated person.

(3) TESP.

(a) A behavior professional must deliver a TESP to an individual and their case manager and designated person within 15 days after the behavior professional agrees in writing to deliver professional behavior services, unless otherwise agreed to by the individual or the individual's legal or designated representative.

(b) The TESP must include or reference all of the following:

(A) An explanation of the need for a TESP, including all of the following:

(i) A measurable description of the challenging behavior addressed in the TESP.

(ii) Environments or environmental factors likely to be associated with, or to trigger, the challenging behavior.

(iii) Conditions that impact an individual's physical functioning.

(iv) Any known or suspected medical or mental health conditions, substance use, or medication interactions that may impact the challenging behavior.

(v) Medical and behavior supports currently being used.

(vi) A summary of the ADL, IADL, and health-related tasks for which supports are needed by the individual from their designated person, including a description of how the ADL, IADL, and health-related tasks may be impacted by the challenging behavior.

(vii) The presence of any relevant, existing individually-based limitation. A TESP may not establish any new individually-based limitations.

(B) An expiration date, not to exceed 90 days, and a timeline for completion of the FBA and PBSP. The date may be extended up to an additional 90 days with approval from the individual and the individual's case manager as described in OAR 411-415-0070.

(C) The recommended behavior supports and adjustments to the environment and guidelines for the designated person.

(D) A strategy for training the designated person. The training must only be completed by either of the following:

(i) The author of the TESP or, when the TESP includes a safeguarding intervention, a behavior professional certified in an ODDS-approved behavior intervention curriculum to train the intervention in the TESP.

(ii) A designated person delivering behavior supports identified by the author of the TESP who is certified in an ODDS-approved behavior intervention curriculum to train the intervention in the TESP.

(E) Direction for a designated person to notify the individual's case manager within 24 hours of the occurrence of a challenging behavior resulting in the application of any physical restraint.

(F) If any information required by this subsection is unavailable, the TESP must include documentation explaining why the information is unavailable.

(c) The behavior professional must identify who provided the training and the names of each known designated person who received the training in the individual's service record according to OAR 411-304-0190.

(d) A TESP may only include a safeguarding intervention when:

(A) The individual is entering a new service setting or a new challenging behavior becomes known; and

(B) The TESP includes documentation requirements for the use of a safeguarding intervention.

(4) FBA. A behavior professional must complete an FBA including, but not limited to, all of the following:

(a) A record of interviews, observations, and relevant, existing data. The FBA must document interviews with the individual, and, as applicable, family members, designated persons, and others who contributed to the development of the FBA.

(b) A summary of the individual's history, including a history of the individual's challenging behaviors.

(c) Justification of the need to develop behavior supports.

(d) Documentation of the individual's intellectual or developmental disability diagnosis and how the diagnosis impacts the function of the challenging behavior.

(e) An individual's preferences for the delivery of behavior supports.

(f) Consideration that the function of a challenging behavior is one or more of the following:

(A) An effort to communicate.

(B) The result of a medical or mental health condition.

(C) A response to trauma.

(D) An effort to control the environment.

(g) A description of the context in which a challenging behavior occurs, including the situations where the challenging behavior is most likely and least likely to occur.

(h) An assessment of all of the following:

(A) An individual's behavior in all environments in which the individual commonly engages or an explanation as to why an assessment is not available for a specific environment.

(B) An individual's current ability to accomplish ADL, IADL, and health-related tasks that are relevant to the development of the FBA and PBSP.

(C) Assistive devices or technology, safeguarding equipment, and environmental modifications in place at the time the FBA is developed that are relevant to the development of the FBA and PBSP.

(i) A summary of other behavior intervention or treatment plans, including any mental health or educational plans, or a statement that no other behavior intervention or treatment plans exist.

(j) A measurable description of the challenging behavior.

(k) Factors that may impact the success of the PBSP.

(l) A statement of professional judgment by the behavior professional regarding the underlying cause or the functions of a challenging behavior.

(m) Statement by the behavior professional supporting the need for a PBSP or an explanation as to why a PBSP is not indicated.

(n) Identification of the sources used as references for the FBA.

(o) If applicable, a recommendation for obtaining an individually-based limitation for strategies such as a safeguarding intervention.

(p) If any information required by this subsection is unavailable, the FBA must include documentation explaining why the information is unavailable.

(5) PBSP.

(a) A behavior professional must develop and write a PBSP based on an FBA. The PBSP must include or reference all of the following:

(A) A measurable description of each challenging behavior.

(B) A narrative describing the baseline behavior.

(C) A description of the functional alternative behavior.

(D) The triggers or setting events for the challenging behavior.

(E) A description of the common settings for the individual.

(F) Behavior supports meant to reduce duration, frequency, intensity, or severity of the challenging behavior.

(G) Documentation of an individual's preferences for the delivery of behavior supports.

(H) The circumstances that are preventing the individual from accomplishing ADL, IADL, and health-related tasks and an explanation of what prevents the individual from being able to accomplish the ADL, IADL, or health-related task more independently.

(I) Any individually-based limitations in place at the time the PBSP is developed.

(J) Strategies to help a designated person understand, de-escalate, redirect, or reduce an individual's challenging behavior including, but not limited to, all of the following:

(i) Proactive strategy.

(ii) Reactive strategy or an explanation when not needed.

(iii) Emergency crisis strategy or an explanation when not needed.

(iv) Recovery strategy or an explanation when not needed.

(K) Evidence the behavior supports consider medical, biological, environmental, psychological, social, historical, trauma, and other factors that influence an individual's behavior.

(L) Person-centered planning including, at a minimum, identification of all of the following:

(i) The supports available to an individual to support a functional alternative behavior.

(ii) The circumstances that prevent an individual from accomplishing ADLs, IADLs, and health-related tasks.

(M) The behavior data collection system.

(N) Indicators for a review and revision of the PBSP, including who is responsible for the review.

(O) A plan to phase out professional behavior services. This may include the assignment of ongoing training.

(P) Identification of the sources used as references for the PBSP.

(Q) If any information required by this subsection is unavailable or not applicable, the PBSP must include documentation explaining why the information is unavailable.

(b) Behavior supports must be consistent with these rules and positive behavior theory and practice. Behavior supports must include a proactive strategy to achieve all of the following:

(A) Functional alternative behaviors that are safe.

(B) A decrease in challenging behaviors and need for behavior supports.

(C) An increase in autonomy and community participation and inclusion.

(c) Safeguarding interventions may be included when necessary and must adhere to OAR 411-304-0160.

(d) Safeguarding equipment may be included when necessary.

(A) A behavior professional must acknowledge that prior to the use of safeguarding equipment, an individual must have an individually-based limitation for restraint according to OAR 411-415-0070.

(B) The PBSP may only indicate the use of safeguarding equipment to address a challenging behavior.

(C) The PBSP must document all of the following:

(i) The specific challenging behavior for which the safeguarding equipment is to be used.

(ii) The specific device to be applied.

(iii) Identification of the necessary qualifications or training of the designated person applying the safeguarding equipment.

(iv) Situations for when to employ the use of safeguarding equipment.

(v) The length of time the safeguarding equipment may be applied in any instance.

(e) A behavior professional must:

(A) Review the information outlined in a PBSP with the individual and their legal or designated representative and designated person.

(B) Demonstrate the behavior supports written in a PBSP to the individual and their legal or designated representative and designated person.

(C) Provide or assign training on implementing the PBSP to an individual's designated person. The training may only be completed by:

(i) The author of the PBSP or when a PBSP includes a safeguarding intervention, a behavior professional certified in an ODDS-approved behavior intervention curriculum to train the intervention in the PBSP.

(ii) A person delivering behavior supports designated by the author of the PBSP who is certified in an ODDS-approved behavior intervention curriculum to train the interventions in the PBSP.

(D) Identify who provided the training and the names of each known designated person who received the training in the individual's service record according to OAR 411-304-0190.

(E) With consent from an individual or their legal or designated representative, observe the individual's designated person implementing the PBSP, or role-playing portions of the PBSP.

(F) Gather feedback from an individual's designated person to inform modifications to the PBSP prior to finalizing the PBSP.

(6) MAINTENANCE OF THE PBSP. A behavior professional must maintain and update an individual's PBSP as necessary. Maintenance of the PBSP includes, but is not limited to, providing written documentation of all of the following elements:

(a) Updating the FBA.

(b) Developing, training, implementing, and updating a behavior data collection system.

(c) Reviewing data collected from the behavior data collection system.

(d) Observing, evaluating, and re-evaluating an individual's response to the behavior supports outlined in their PBSP and delivered by a designated person.

(e) Training and retraining, as applicable, an individual's designated person on updates made to the PBSP.

(f) Participating in meetings when the meeting may result in an update to the PBSP.

Or. Admin. Code § 411-304-0150

APD 28-2017, adopt filed 11/30/2017, effective12/1/2017; APD 32-2022, amend filed 06/26/2022, effective 7/1/2022

Statutory/Other Authority: ORS 409.050, 427.104 & 430.662

Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662