Or. Admin. R. 411-360-0160 - Behavior Supports and Physical Restraints
For the purpose of this rule, a designated person is the person implementing the behavior supports identified in an individual's Positive Behavior Support Plan.
(1) BEHAVIOR
SUPPORTS.
(a) A decision to develop a plan to
alter an individual's behavior must be made by the individual or their legal or
designated representative.
(b) A
foster care provider must implement an individual's Positive Behavior Support
Plan as developed by a qualified behavior professional in accordance with OAR
chapter 411, division 304.
(c) A
Positive Behavior Support Plan must only be altered by a qualified behavior
professional in accordance with OAR chapter 411, division 304.
(2) SAFEGUARDING INTERVENTIONS AND
SAFEGUARDING EQUIPMENT.
(a) A designated
person must only utilize a safeguarding intervention or safeguarding equipment
when:
(A) BEHAVIOR. Used to address an
individual's challenging behavior, the safeguarding intervention or
safeguarding equipment is included in the individual's Positive Behavior
Support Plan written by a qualified behavior professional as described in OAR
411-304-0150 and implemented consistent with the individual's Positive Behavior
Support Plan.
(B) MEDICAL. Used to
address an individual's medical condition or medical support need, the
safeguarding intervention or safeguarding equipment is included in a medical
order written by the individual's licensed health care provider and implemented
consistent with the medical order.
(b) The individual, or as applicable their
legal representative, must provide consent for the safeguarding intervention or
safeguarding equipment through an individually-based limitation in accordance
with OAR 411-360-0170.
(c) Prior to
utilizing a safeguarding intervention or safeguarding equipment, a designated
person must be trained.
(A) For a
safeguarding intervention, the designated person must be trained in
intervention techniques using an ODDS-approved behavior intervention curriculum
and trained to the individual's specific needs. Training must be conducted by a
person who is appropriately certified in an ODDS-approved behavior intervention
curriculum.
(B) For safeguarding
equipment, the designated person must be trained on the use of the identified
safeguarding equipment.
(d) A designated person must not utilize any
safeguarding intervention or safeguarding equipment not meeting the standards
set forth in this rule even when the use is directed by the individual or their
legal or designated representative, regardless of the individual's
age.
(3) EMERGENCY
PHYSICAL RESTRAINTS.
(a) The use of an
emergency physical restraint when not written into a Positive Behavior Support
Plan, not authorized in an individual's ISP, and not consented to by the
individual in an individually-based limitation, must only be used when all of
the following conditions are met:
(A) In
situations when there is imminent risk of harm to the individual or others or
when the individual's behavior has a probability of leading to engagement with
the legal or justice system;
(B)
Only as a measure of last resort; and
(C) Only for as long as the situation
presents imminent danger to the health or safety of the individual or
others.
(b) The use of
an emergency physical restraint must not include any of the following
characteristics:
(A) Abusive.
(B) Aversive.
(C) Coercive.
(D) For convenience.
(E) Disciplinary.
(F) Demeaning.
(G) Mechanical.
(H) Prone or supine restraint.
(I) Pain compliance.
(J) Punishment.
(K) Retaliatory.
(c) Any emergency physical restraint must be
reviewed by the licensee within two hours of the application.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 427.104, 443.001-443.004, 443.705-443.825, 443.875 & 443.991
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