Utah Admin. Code R539-4-5 - Emergency Behavior Interventions

(1) An emergency behavior intervention may be used if imminent danger is present or threatened, including imminent injury to a person, any other person, or property destruction. If possible, try and exhaust any non-intrusive behavior intervention before implementing an emergency behavior intervention.

(2) Use of an emergency behavior intervention must comply with Section R539-3-10.

(3) An emergency behavior intervention requires additional oversight, approval, and review.

(a) A manual restraint may be used as described in Section R539-4-6.

(b) A mechanical restraint may be used as described in Section R539-4-6.

(c) A provider administrator or qualified behavior professional must approve use of seclusion or use of a seclusion room as described in Section R539-4-6 within 15 minutes of staff initiating each intervention.

(i) If staff does not get approval within 15 minutes, the staff shall release the person from the seclusion room.

(ii) Staff must have approval from a provider administrator or qualified behavior professional before shutting the door or holding the door shut.

(d) If a provider uses an emergency behavior intervention for three or more incidents or for a total of 25 minutes or longer within 30 consecutive days, then the team shall meet within ten business days of the most recent emergency behavior intervention to determine if:

(i) any medical or environmental factor is causing the behavior;

(ii) the person needs a behavior support plan;

(iii) a non-intrusive behavior intervention is needed in the person's behavior support plan;

(iv) an intrusive behavior intervention is needed in the person's behavior support plan;

(v) additional medical, mental health, or other professional assistance is needed; or

(vi) another solution is available to help the person avoid or prevent future use of an emergency behavior intervention.

(e) The Provider Human Rights Committee or Provider Peer Review Committee shall review each emergency behavior intervention incident report during the next regularly scheduled committee meeting or within 30 days of the date of each emergency intervention used.

(4) Any emergency behavior intervention shall:

(a) result in an emergency rights restriction;

(b) be considered reasonable and necessary under the circumstances;

(c) not be used as a substitute for the behavior support plan;

(d) not be used for a length of time longer than is necessary to ensure the health and safety of any person in imminent danger; and

(e) not exceed an amount of force considered reasonable and necessary under the circumstances.

(5) If prolonged use of an emergency intervention occurs, staff shall seek assistance from the provider's administrator and any public safety service needed under the circumstances.

(6) For each occurrence of an emergency behavior intervention, a provider shall submit a critical incident report through the division's case management system. An incident report requires the same information as described in Rule R501-1.

(7) The incident report shall be reviewed by the person's support coordinator.

(a) The provider communicates each follow-up action to the person's support coordinator.

(b) The support coordinator documents each follow-up action taken.

Notes

Utah Admin. Code R539-4-5

Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022