S.D. Admin. R. 46:17:04:16

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

Section 46:17:04:16 - Human rights committee - Functions

The functions of the human rights committee for the person supported are as follows:

(1) Review, approve or disapprove, and monitor any behavior treatment plan designed to manage maladaptive behavior that involves limitations;

(2) Review any behavior treatment plan at least annually or sooner as deemed appropriate by the committee;

(3) Review and monitor limitations on a person's movement, any other potential limitation on human rights, including involuntary medication, limitation of privileges, and limitations on the use of a person's funds and other possessions;

(4) Ensure any behavior treatment plan to manage maladaptive behavior is employed with sufficient safeguards and supervision to ensure the safety, welfare, and civil and human rights of the person are protected and not infringed upon for the convenience of staff, relatives, or the community, or as a substitute for active treatment;

(5) Ensure any behavior treatment plan is conducted only with the written informed consent of the person, the person's parent if the person is under 18 years of age, or the legal guardian, if any; and

(6) Review, monitor, and make suggestions about practices of the ICF/IID related to psychotropic medications, restraints, time-out rooms, highly restrictive procedures, protection of rights, and any other area the human rights committee believes needs to be addressed.

S.D. Admin. R. 46:17:04:16

26 SDR 96, effective 1/24/2000; 27 SDR 63, effective 12/31/2000; 37 SDR 69, effective 10/18/2010; 37 SDR 131, effective 1/10/2011; 40 SDR 122, effective 1/8/2014.

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

Law Implemented: SDCL 27B-8-54, 42 C.F.R. § 483.440 (October 1, 2002).