S.D. Admin. R. 46:11:05:06.01

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

Section 46:11:05:06.01 - Policy for highly restrictive procedures

Each provider of direct HCB services shall have a policy addressing the use of highly restrictive procedures. The policy shall include:

(1) Procedures to ensure compliance with SDCL 27B-8-51, 27B-8-52, 27B-8-53, 27B-8-54, and 27B-8-55;

(2) A description of the ISP team's process including plan development, identifying the most appropriate highly restrictive procedure for the participant's needs and restoration plan, and consent by the participant, or the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any;

(3) A procedure for the participant, or the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, to review, approve, and appeal the highly restrictive procedure;

(4) The human rights committee and behavior support committee review and approve the procedure prior to implementation and at least every six months thereafter;

(5) A description of circumstances under which a time-out may be used, the maximum time it may be used, and the procedures to be followed;

(6) A requirement that the participant's plan include timelines for notifying the participant's parent if the participant is under 18 years of age, or the guardian, if any, when a highly restrictive procedure is used;

(7) A requirement to address emergency rights restriction pursuant to § 46:11:03:09, including time-lines of team meetings and review by the human rights committee and the behavior support committee; and

(8) Procedures to ensure regular oversight of implementation and staff training.

S.D. Admin. R. 46:11:05:06.01

40 SDR 102, effective 12/3/2013; 42 SDR 9, effective 8/2/2016

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

Law Implemented: SDCL 27B-2-26(3)(4), 27B-8-52, 27B-8-56.

Behavior support committee, § 46:11:05:12. Human rights committee -- Composition, § 46:11:05:13. 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. Highly restrictive procedures -- Limitations on use, SDCL 27B-8-55.