N.J. Admin. Code § 10:47-7.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:47-7.7 - Use of Level III techniques

(a) In addition to the other requirements of this chapter, the use of Level III techniques shall also require the informed, written non-coerced consent of the individual, if a competent adult, or of the parent/guardian of a minor, or of the guardian of an incompetent adult.

(b) In securing an informed consent, those individuals whose consent is sought shall be apprised:

1. Of unsuccessful attempts to use less aversive techniques to reduce the maladaptive behavior;

2. Of reasons for recommending the use of aversive techniques as the least restrictive method;

3. Of alternate techniques that might be used to change the maladaptive behavior and the reasons for choosing the planned technique;

4. Of the benefits and potential risks associated with the use of the aversive technique;

5. Of the potential risk to the individual or others if the technique is not implemented; and

6. Of the right to disapprove implementation of these techniques or to withdraw approval at any time.

(c) When informed consent for the use of Level III techniques is either denied or subsequently withdrawn, or no response is received within 10 working days and the CEO determines that the refusal or delay is in violation of the individual's right to treatment, the CEO shall refer the matter to the Director for further consideration and possible judicial action.

N.J. Admin. Code § 10:47-7.7