5122-26-16.3 [Effective until 1/1/2012] Aversive behavioral interventions and plans.

(A) The purpose of this rule is to state the specific requirements applicable to aversive behavioral interventions and plans.

(B) The use of minor aversive behavioral interventions by the agency shall require, at minimum, policies and procedures prescribing their use, who may use them, and required training for individuals allowed to use them.

(1) Policies and procedures prescribing their use, who may use them, and required training for individuals allowed to use them;

(2) Documentation in the clinical record of such use and how the evaluation of the effectiveness and appropriateness of their use is routinely conducted and documented; and

(3) The development of an individualized behavior management plan.

(D) The individualized behavior management plan shall be developed only after positive and less restrictive interventions have failed or are deemed clinically inappropriate. Such plans shall be documented as part of the ISP/ITP and shall include:

(1) Written consent to the plan by the person served and/or parent, custodian or guardian;

(2) A summary outlining how the person has responded to previous interventions and the rationale as to why the use of aversive behavioral interventions is now indicated;

(3) Notation that a review and description of any known contraindications for the use of the intervention was conducted;

(4) Identification of target behaviors;

(5) Explanation to the person for the reason for implementation of the intervention(s) and the required behaviors of the person which would indicate sufficient behavioral control so that the behavioral intervention(s) can be discontinued;

(6) A plan for monitoring the relationship between target behavior(s), behavioral intervention(s), and outcomes; and

(7) A review of the plan’s effectiveness at minimum every thirty days. If the plan is determined to be ineffective and little or no progress has been made, a re-evaluation of the plan shall be performed and documented.

(E) Clinically appropriate reason(s) for the inability to include any of the information required in paragraph (D) of this rule in the individualized behavior management plan shall be documented.

(F) Documentation of each aversive behavioral episode as outlined in the plan shall be made in the clinical record.

(G) Implementation of the plan may not occur until the following conditions have been met:

(1) Staff implementing the plan have been trained in the proper use of the intervention(s); and

(2) All necessary approval(s) required by the agency prior to implementation of the plan has been obtained.

Eff 1-1-91; 4-16-01 Rule promulgated under: RC Chapter 119. Rule authorized by: RC 5119.01(G), 5119.01(I), 5119.22, 5119.61(M)Rule amplifies: RC 5119.01(G), 5119.01(I), 5119.22, 5119.61(M) Replaces: 5122-26-16 RC 119.032 review dates: April 15, 2006

5122-26-16.3 [Rescinded effective 1/1/2012] Aversive behavioral interventions and plans

Effective: 01/01/2012 R.C. 119.032 review dates: 11/05/2010 Promulgated Under: 119.03 Statutory Authority: 5119.22, 5119.61, 5119.611 Rule Amplifies: 5119.22, 5119.61, 5119.611 Prior Effective Dates: 1/1/91, 4/16/01