Section 7 AAC 130.229 - Use of restrictive intervention(a) A home and community-based waiver services provider may use restrictive intervention as a response (1) when a recipient's behavior is unanticipated and presents an imminent danger to the recipient's safety or to the safety of others; or(2) if justified for safe management of the recipient's behavior that requires intervention as described in the support plan developed in accordance with 7 AAC 130.217 and 7 AAC 130.218(A) when other types of intervention have been tried and documented as ineffective for behavior management; and(B) if the type of intervention is safe, proportionate to the recipient's behavior, and appropriate to the recipient's chronological and developmental age, size, gender, and physical, medical, and psychological condition.(b) The provider shall develop and implement written policies and procedures that address (1) the use of restrictive intervention in regard to the recipient population served by the provider;(2) a prohibition on the use of (A) seclusion as a restrictive intervention; and(3) training in the use of restrictive intervention;(4) documentation of each event that involves the use of restrictive intervention;(5) supervision of individuals that use restrictive intervention while recipients are in the care of or receiving services from the provider; and(6) monitoring and evaluation of each use of restrictive intervention.(c) The provider must have on file written verification that each direct care worker has received training appropriate to the type of restrictive intervention the provider has allowed that direct care worker to use.(d) A provider that uses restrictive intervention shall document in the recipient's record (2) the duration of time each type of restrictive intervention was used;(3) a description of the behavior that led to the use of restrictive intervention;(4) a rationale for, and a description of, each type of restrictive intervention used;(5) the recipient's response to each type of restrictive intervention used; and(6) the name of each staff member involved in the restrictive intervention.(e) The provider shall maintain a record of restrictive intervention that documents (1) the event or circumstances that necessitated the use of restrictive intervention;(2) the type of restrictive intervention used;(3) the type of care provided to the recipient while a restrictive intervention is applied; and(4) the outcome for the recipient and for the staff involved in the event.(f) The provider shall develop and implement a system to manage and report the use of restrictive intervention that includes (1) a plan for documenting and tracking the use of restrictive intervention;(2) requirements for reporting, as a critical incident under 7 AAC 130.224, (A) the misuse of restrictive intervention; and(B) the use of restrictive intervention that resulted in the need for medical intervention;(3) a protocol for analyzing the use of restrictive intervention each calendar quarter;(4) a procedure for taking corrective action based on the analysis; and(5) a process for summarizing the quarterly analyses and corrective action taken under this subsection; the summary must be submitted to the department with the provider's application to renew certification under 7 AAC 130.220, or upon request.(g) In this section (1) "restrictive intervention" means an action or procedure that limits an individual's movement or access to other individuals, locations, or activities;(2) "seclusion" means the involuntary confinement of an individual alone in a room or an area from which the individual is physically prevented from having contact with others or leaving.(3) "chemical restraint" (A) means the use of medication to restrict freedom of movement in order to manage or control behavior, for disciplinary purposes, or for the convenience of the provider;(B) does not include medication prescribed for the purpose of managing behavior by an individual listed in 7 AAC 130.2270)(3) and administered in accordance with the applicable requirements of7 AAC 130.227.Eff. 7/1/2013, Register 206; am 7/1/2015, Register 214, July 2015; am 11/5/2017, Register 224, January 2018; am 3/3/2021, Register 238, July 2021; am 10/16/2022, Register 244, January 2023Authority:AS 47.05.010
AS 47.07.030
AS 47.07.040