No. 38093 (Amendment): Rule R539-4. Behavior Interventions

(Amendment)

DAR File No.: 38093
Filed: 11/01/2013 03:37:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Services for People with Disabilities (DSPD) has reviewed and approved two additional manual restraint programs. Subsection R539-4-5(4)(c) outlines manual restraint programs that the Division allows. Any restraint program not listed there has to be reviewed by our State Behavior Review Committee. Since DSPD has reviewed and approved these two programs, our division would like to include them among the list of restraint programs that no longer need to be reviewed by our State Behavior Review Committee every time a family would like to participate.

Summary of the rule or change:

The changes add two additional approved manual restraint programs to the list in Subsection R539-4-5(4)(c).

State statutory or constitutional authorization for this rule:

• Section 62A-5-102
• Section 62A-5-103

Anticipated cost or savings to:

the state budget:

No anticipated costs or savings to the state budget. The state budget is not affected at all by this rule. All this rule does is officially recognize Division approval of two manual restraint programs. It does not require any funds from the state budget to be used, nor does it require any additional added responsibility for state government.

local governments:

No anticipated costs or savings to local governments. Local government is not affected by this rule. All this rule does is officially recognize Division approval of two manual restraint programs. It has no effect on the budget, nor does it require any spending or saving from local government.

small businesses:

No anticipated costs or savings for small businesses. Small businesses are not affected by this rule. No business is required by this rule change to participate in manual restraint programs, or adopt those being added to the list. This rule allows certain businesses to use the additional manual restraint programs listed if they so choose, but is not mandatory and should not add or remove a cost from those businesses choosing to do so.

persons other than small businesses, businesses, or local governmental entities:

No anticipated costs or savings for persons other than small businesses, businesses, or local governmental entities. Nothing in this rule change is imposing a mandatory responsibility on any person other than small businesses, businesses, or local governmental entities. It gives people an additional options should they choose, but does not require anything of them, nor should it impose any additional costs or savings on those persons.

Compliance costs for affected persons:

There is no compliance cost affecting persons by adding these potential manual restraint programs. It just gives providers and families an additional approved manual restraint program, beyond what the Division has already approved. As such, it is not a rule change that has an effect on any costs for those who wish to use these approved manual restraint techniques and program.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no costs or savings associated with this rule.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Services for People with Disabilities
195 N 1950 W 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Nathan Wolfley at the above address, by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Paul Smith, Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-4. Behavior Interventions.

R539-4-2. Authority.

(1) This rule establishes procedures and standards for Persons' constitutional liberty interests as required by Subsection 62A-5-103[(4)(b)].

 

R539-4-5. Review and Approval Process.

(1) The Behavior Peer Review Committee shall review and approve the Behavior Support Plan annually. The plan may be implemented prior to the Behavior Peer Review Committee's review; however the review and approval must be completed within 60 calendar days of implementation.

(2) The Behavior Peer Review Committee's review and approval process shall include the following:

(a) A confirmation that appropriate Positive Behavior Supports, including Level I Interventions, were fully implemented and revised as needed prior to the implementation of Level II or Level III Interventions.

(b) Ensure the technical adequacy of the Functional Behavior Assessment and Behavior Support Plan based on principles from the fields of Positive Behavior Supports and applied behavior analysis.

(c) Ensure plans are in place to attempt reducing the use of intrusive interventions.

(d) Ensure that staff training and plan implementation are adequate.

(3) The Provider Human Rights Committee shall approve Behavior Support Plans with Level II and Level III Interventions annually. Review and approval shall focus on rights issues, including consent and justification for the use of intrusive interventions.

(4) The State Behavior Review Committee must consist of at least three members, including representatives from the Division, Provider, and an independent professional having a recognized expertise in Positive Behavior Supports. The Committee shall review and approve the following:

(a) Behavior Support Plans that include Time-out Rooms, Mechanical Restraints or Highly Noxious Stimuli.

(b) Behavior Support Plans that include forms of Manual Restraint or Exclusionary Time-out used for long-term behavior change and not used in response to an emergency situation.

(c) Behavior Support Plans that include manual restraint not outlined in Mandt, PART, [or ]SOAR, Safety Care, or CPI training programs.

(5) The Committee shall determine the time-frame for follow-up review.

(6) Behavior Support Plans shall be submitted to the Division's state office for temporary approval prior to implementation pending the State Behavior Review Committee's review of the plan.

(7) Families participating in Self-Administered Services may seek State Behavior Review Committee recommendations, if desired.

 

KEY: people with disabilities, behavior

Date of Enactment or Last Substantive Amendment: [May 3, 2005]2013

Notice of Continuation: December 17, 2009

Authorizing, and Implemented or Interpreted Law: 62A-5-102; 62A-5-103

 

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