(1)Corporal punishment of
persons with an intellectual and developmental disability is not permitted.
(2)All service agencies shall prohibit mistreatment, exploitation, neglect, or
abuse in any form of any person receiving services.
(3)Service agencies shall provide every person receiving services with a
humane physical environment.
(4)Each person receiving services must be attended to by qualified staff in
numbers sufficient to provide appropriate services and supports.
(5)Seclusion, defined as the placement of a person receiving services alone
in a closed room for the purpose of punishment, is prohibited.
(6)Time out procedures, defined as separation from other persons
receiving services and group activities, may be employed under close and direct
professional supervisi
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(1) Corporal punishment of
persons with an intellectual and developmental disability is not permitted.
(2) All service agencies shall prohibit mistreatment, exploitation, neglect, or
abuse in any form of any person receiving services.
(3) Service agencies shall provide every person receiving services with a
humane physical environment.
(4) Each person receiving services must be attended to by qualified staff in
numbers sufficient to provide appropriate services and supports.
(5) Seclusion, defined as the placement of a person receiving services alone
in a closed room for the purpose of punishment, is prohibited.
(6) Time out procedures, defined as separation from other persons
receiving services and group activities, may be employed under close and direct
professional supervision, as defined by rule by the state board, and only as a
technique in behavior-shaping programs. Behavior-shaping programs utilizing a
time out procedure may be implemented only when it incorporates a positive
approach designed to result in the acquisition of adaptive behaviors. Such behavior
programs may only be implemented following the completion of a comprehensive
functional analysis, when alternative nonrestrictive procedures have been proven to
be ineffective, and only with the informed consent of the person, parents, or legal
guardian. Such behavior programs may be implemented only following the review
and approval process defined in rules. Behavior development programs must be
developed in conjunction with the interdisciplinary team and implemented only
following review by the human rights committee. Behavior development programs
involving the use of the procedure in a time out room are prohibited.
(7) Behavior development programs involving the use of aversive or noxious
stimuli are prohibited.
(8) Physical restraint, defined as the use of manual methods intended to
restrict the movement or normal functioning of a portion of a person's body through
direct contact by staff, may be employed only when necessary to protect the
person receiving services from injury to self or others. Physical restraint may not be
employed as punishment, for the convenience of staff, or as a substitute for a
program of services and supports. Physical guidance or prompting techniques of
short duration such as those employed in training techniques are not considered
physical restraint. Physical restraint may be applied only if alternative techniques
have failed and only if such restraint imposed the least possible restriction
consistent with its purpose. If physical restraint is used in an emergency or on a
continuing basis its use shall be reviewed by the interdisciplinary team and the
human rights committee in accordance with the rules of the state board.
(9) The use of a mechanical restraint, defined as the use of mechanical
devices intended to restrict the movement or normal functioning of a portion of a
person's body, is subject to special review and oversight, as defined in rules. Use of
mechanical restraints may be applied only in an emergency if alternative
techniques have failed and in conjunction with a behavior development program.
Mechanical restraints must be designed and used so as not to cause physical injury
to the person receiving services and so as to cause the least possible discomfort.
The use of mechanical restraints shall be reviewed by the human rights committee.
The use of posey vests, straight jackets, ankle and wrist restraints, and other
devices defined in rules is prohibited.
(10) A record must be maintained of all physical injuries to any person
receiving services, all incidents of mistreatment, exploitation, neglect, or abuse,
and all uses of physical or mechanical restraint. All records are subject to review by
the human rights committee.
(11) Behavior development programs must be supervised by an intellectual
and developmental disabilities professional having specific knowledge and skills to
develop and implement positive behavioral intervention strategies.