Or. Admin. Code § 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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