If the program provider determines that an individual's behavior
may require the implementation of behavior management techniques involving
intrusive interventions or restriction of the individual's rights,
the program provider must comply with this section.
(1) The program provider must:
(A) obtain an assessment of the individual's needs
and current level and severity of the behavior; and
(B) ensure that a service provider of behavioral support
services:
(i) develops, with input from the individual, legally
authorized representative (LAR), program provider, and actively involved
persons, a behavior support plan that includes the use of techniques
appropriate to the level and severity of the behavior; and
(ii) considers the effects of the techniques on the
individual's physical and psychological well-being in developing the
plan.
(2) The behavior support plan must:
(A) describe how the behavioral data concerning the
behavior is collected and monitored;
(B) allow for the decrease in the use of the techniques
based on the behavioral data; and
(C) allow for revision of the plan when desired behavior
is not shown, or the techniques are not effective.
(3) Before implementation of the behavior support plan,
the program provider must:
(A) obtain written consent from the individual or LAR
to implement the plan;
(B) provide written notification to the individual
or LAR of the right to discontinue implementation of the plan at any
time; and
(C) notify the individual's service coordinator of
the plan.
(4) The program provider must, at least annually:
(A) review the effectiveness of the techniques and
determine whether the behavior support plan needs to be continued;
and
(B) notify the service coordinator if the plan needs
to be continued.
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