S.D. Admin. R. 46:11:05:05.02

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:11:05:05.02 - Behavior support plan policy

Each provider of direct HCB services shall have a policy approved by the division that addresses behavior support plans. This policy shall include the following requirements:

(1) Compliance with the requirements in SDCL 27B-8-51, 27B-8-52, 27B-8-53, 27B-8-54, and 27B-8-55, including, but not limited to completing a functional behavioral analysis, shall be met prior to implementing the behavior support plan;

(2) Implementation and documentation of positive behavioral approaches prior to approving and implementing more restrictive procedures;

(3) Implementation of behavioral supports by staff with prior training and demonstrated competency;

(4) A participant only receives the amount of behavior and chemical intervention necessary to prevent harm to the participant or others;

(5) The behavior support plan documents that the severity of the behavior justifies incorporating highly restrictive procedures;

(6) The technical aspects of highly restrictive procedures are reviewed prior to implementation;

(7) Highly restrictive procedures are regularly reviewed for any adverse effects;

(8) Participants may not be subjected to highly restrictive procedures or punishment for the convenience of staff or in lieu of a behavior support plan;

(9) Due process, which includes review by the human rights committee, the behavior support committee, appeal through the provider of direct HCB services grievance process, and consent of the participant or the participant's legally authorized representative, prior to implementation; and

(10) The ISP team's consensus that the benefit of any highly restrictive procedures outweigh any harmful side effects shall be documented in the participant's ISP.

S.D. Admin. R. 46:11:05:05.02

40 SDR 201, effective 12/3/2013; 42 SDR 9, effective 8/2/2016; 49 SDR 048, effective 11/22/2022

General Authority: SDCL 27B-2-26(3)(4).

Law Implemented: SDCL 27B-2-26(3)(4), 27B-8-51, 27B-8-52, 27B-8-53, 27B-8-54, 27B-8-55.

Use of aversive intervention techniques prohibited, SDCL 27B-8-51. Restriction or suspension of rights only after due process, SDCL 27B-8-52. Use of restraints, SDCL 27B-8-53. Behavior intervention programs -- Prerequisites to implementation, SDCL 27B-8-54. Highly restrictive procedures -- Limitations on use, SDCL 27B-8-55.