Or. Admin. Code § 411-348-0350
Current through Register Vol. 63, No. 12, December 1, 2024
Section 411-348-0350 - Behavior SupportsFor the purpose of this rule, a designated person is the person implementing the behavior supports identified in a child's Positive Behavior Support Plan.
(1) BEHAVIOR SUPPORTS. Professional behavior services and behavior supports must be delivered in accordance with OAR 411-323-0060(4).(2) Behavior supports must not include any of the following characteristics:(g) Mechanical restraint.(h) Prone or supine restraint.(3) PROFESSIONAL BEHAVIOR SERVICES. Professional behavior services may be provided to a child based on the child's specific identified need for services to address challenging behavior in accordance with OAR chapter 411, division 304. (a) When professional behavior services are provided to a child, a program provider, including the in-residence caregiver and staff, must:(A) Coordinate with the behavior professional and the child's ISP team to ensure the professional behavior services and behavior supports being provided are sufficient to meet the behavioral support needs of the child; and(B) Implement the Positive Behavior Support Plan as agreed upon by the child's ISP team.(b) A Host Home Program may deliver professional behavior services to a child under the following conditions: (A) The Host Home Program must be endorsed to OAR chapter 411, division 304 for professional behavior services in accordance with OAR chapter 411, division 323;(B) The behavior professional must meet the qualifications described in OAR 411-304-0170;(C) The behavior professional must be the choice of the child's parent or guardian for professional behavior services;(D) Professional behavior services are not delivered to children enrolled to receive services in a Host Home for the convenience of the behavior professional or program provider, including the in-residence caregiver or staff; and(E) The Host Home Program meets the requirements as an enrolled Medicaid Provider as described in OAR chapter 411, division 370, and has a separate and distinct Medicaid Provider number for the provision of professional behavior services.(c) A Positive Behavior Support Plan must be developed and implemented when Department funds are used for professional behavior services. The provision of professional behavior services must be authorized by a child's case manager and identified in the child's ISP.(4) SAFEGUARDING INTERVENTIONS AND SAFEGUARDING EQUIPMENT.(a) A safeguarding intervention must meet the requirements of OAR 411-348-0355.(b) A designated person must only utilize a safeguarding intervention or safeguarding equipment according to OAR 411-348-0355.(c) The child's parent or guardian must provide consent for the safeguarding intervention or safeguarding equipment through an individually-based limitation in accordance with OAR 411-415-0070(3).(d) 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 child'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.(e) A designated person must not utilize any safeguarding intervention or safeguarding equipment not meeting the standards set forth in this rule or OAR 411-348-0355 even when the use is directed by the child or the child's parent or guardian, regardless of the child's age.(5) RESTRAINT. The use of a restraint must meet the requirements in OAR 411-348-0355.Or. Admin. Code § 411-348-0350
APD 36-2019, adopt filed 10/29/2019, effective 11/1/2019; APD 19-2022, amend filed 04/13/2022, effective 4/15/2022Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455
Statutes/Other Implemented: ORS 409.010, 418.519-418.529, 427.007, 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991