Section 0940-05-32-.11 - REQUIREMENTS FOR THE USE OF RESTRICTIVE BEHAVIOR MANAGEMENT WITH INDIVIDUALS RECEIVING SUPPORTED LIVING SERVICES(1) No procedures should be used for behavior management which result in physical or emotional harm to the individual.(2) Corporal punishment, seclusion, aversive stimuli, chemical restraint, and denial of a nutritionally adequate diet must not be used.(3) Restraint, (personal holding, mechanical restraint), drugs for behavior management, time-out rooms, or other techniques with similar degrees of restriction or intrusion must not be employed except as an integral part of an individual support plan.(4) Restrictive or intrusive behavior-management procedures must not be used until after less restrictive alternatives for dealing with the problem behavior have been systematically tried or considered and have been determined to be inappropriate or ineffective.(5) Prior to the implementation of a written program incorporating the use of a highly restrictive or intrusive technique, the program must be reviewed and approved by the individual or the individual's legal guardian/conservator, with documentation, and a Human Rights Committee must review and approve the written program.(6) Procedures such as personal holding, mechanical restraint, and time out which are used in emergency situations to prevent an individual from inflicting bodily harm may not be repeated more than three (3) times within six (6) months without being incorporated into a written behavior management program that is part of an individual support plan.(7) Behavior management drugs may be used only when authorized in writing by a physician for a specific period of time.(8) The program for the use of a mechanical restraint must specify the extent and frequency of the monitoring according to the type and design of the device and the condition of the individual.(9) An individual placed in mechanical restraint must be released for a minimum of ten (10) minutes at least every two (2) hours and provided with an opportunity for motion, exercise, liquid intake, and toileting.(10) Personal restraint/physical holding may be used only until the individual is calm.(11) An individual placed in time out must be released after a period of not more than sixty (60) minutes.(12) The ability of an individual to exit from time out must not be prevented by means of keyed or other locks, and locations used for time out must allow for the immediate entry of staff.Tenn. Comp. R. & Regs. 0940-05-32-.11
Original rule filed October 17, 1995; effective December 31, 1995.Authority: T.C.A. §§ 4-4-103, 33-1-205, and 33-2-504.