S.D. Admin. R. 46:11:05:14

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

Section 46:11:05:14 - Human rights committee - Procedures

The human rights committee must use the following procedures:

(1) Review and approve or disapprove all behavior support plans which use any of the highly restrictive procedures listed in § 46:11:05:06 prior to implementation. The review must ensure the opportunity for the informed consent of and participation by the participant, the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, or advocate in the development of highly restrictive procedures;

(2) Review and approve or disapprove all behavior support plans which use any highly restrictive procedure listed in § 46:11:05:06 at least every six months;

(3) Review each participant's restrictions of rights and restoration plan pursuant to §§ 46:11:03:08 and 46:11:03:10;

(4) Review and approve the provider of direct HCB services policies, procedures, and practices in limiting rights of participant's;

(5) Be provided with training in individual rights, disability awareness, and the philosophy and mission of the provider of direct HCB services when a new member is appointed;

(6) Make a determination within 30 calendar days upon receipt of any requests for appeal of any rights restriction by a participant, the participant's parent, the participant's guardian or conservator, if any; and

(7) Any highly restrictive procedure or rights restriction implemented, due to the participant exhibiting behaviors that may endanger self or others, shall be reviewed by no less than a quorum of the human rights committee. A quorum consists of a minimum of fifty percent of the human rights committee members participating in the meeting and one of those members may not be an affiliated member of the provider of direct HCB services.

S.D. Admin. R. 46:11:05:14

22 SDR 104, effective 2/13/1996; 27 SDR 63, effective 12/31/2000; 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).