| (a) The service provider agency must:
(1) ensure any restriction affecting the designated
resident is approved by the SPT and has written consent of the designated
resident or LAR before the imposition of the restriction, except when
an immediate threat to the designated resident's or another individual's
health and safety exists; and
(2) receive and act on complaints about the service
provider agency's own staff members, individual service providers,
or volunteers.
(b) When a behavior support plan includes techniques
that involve restriction of individual rights or intrusive techniques,
the service provider agency must ensure that the implementation of
such techniques includes:
(1) verbal and written notification to the designated
resident or LAR of the right to discontinue participation in the behavior
support plan at any time;
(2) assessment of the designated resident's needs and
current level or severity of the behavior targeted by the plan;
(3) use of techniques appropriate to the level or severity
of the behavior targeted by the plan;
(4) a written behavior support plan developed by a
qualified individual service provider as described in §368.406(k)
of this subchapter (relating to Provider Qualifications) with input
from the designated resident, LAR, the designated resident's SPT,
and other professional personnel;
(5) collection and monitoring of behavioral data concerning
the targeted behavior;
(6) allowance for the decrease in the use of intervention
techniques based on behavioral data;
(7) allowance for revision of the behavior support
plan when the desired behavior is not displayed or techniques are
not effective;
(8) consideration of the effects of the techniques
in relation to the designated resident's physical and psychological
well-being; and
(9) at least annual review by the designated resident's
SPT to determine the effectiveness of the services and the need to
continue the techniques.
(c) Upon suspicion or notification that a designated
resident has been or is being abused, neglected, or exploited, the
service provider agency must take necessary actions to secure the
safety of the designated resident while the designated resident is
in the service provider agency's care, in accordance with §368.405(c)
-
(d) of this subchapter (relating to Abuse, Neglect,
and Exploitation of a Designated Resident).
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