SECTION 340:100-3-14. Statewide Human Rights and Behavior Review Committee (SHRBRC)

(a)   Purpose. Review and approval is required prior to the use of a restrictive or intrusive procedure except in emergencies per Oklahoma Administrative Code (OAC) 340:100-5-57. The Statewide (SHRBRC) is established to review each restrictive or intrusive procedure included in a behavioral, protective intervention protocol to ensure compliance with Development Disabilities Services (DDS) policy on the use of restrictive or intrusive procedures per OAC 340:100-5-57.

(1)   The Personal Support Team (Team):

(A)   ensures the protective intervention protocol complies with requirements per OAC 340:100-5-57;

(B)   documents review, revision, and approval of the protective intervention protocol; and

(C)   ensures the service recipient or his or her guardian participates in the development of the protective intervention protocol and provides written informed consent for protocol implementation.

(2)   The case manager submits a protective intervention protocol containing restrictive or intrusive procedures to the SHRBRC for review per this Section.

(3)   The SHRBRC ensures:

(A)   each protective intervention protocol complies with requirements per OAC 340:100-5-57;

(B)   each protective intervention protocol focuses on:

(i)   person-centered principles and positive procedures;

(ii)   education to maximize the individual's growth and skill development in areas, such as communication and choice making;

(iii)   staff conduct; and

(iv)   environmental and programmatic changes.

(C)   use of each restrictive or intrusive procedure is:

(i)   justified based on the severity and frequency of risk;

(ii)   the least restrictive alternative and used only after less intrusive methods were determined ineffective; and

(iii)   used only with the continued use of positive procedures.

(4)   In addition to review of protective intervention protocols containing restrictive or intrusive procedures, the SHRBRC may:

(A)   review protective intervention protocols without restrictive or intrusive procedures when requested by a member of the Team or address relevant concerns of committee members or others; or

(B)   identify systems issues and make recommendations as appropriate to the DDS director.

(b)   Membership. SHRBRC members are appointed by the DDS director.

(1)   The committee is chaired by the DDS director of psychological and behavioral supports or his or her designee.

(2)   Other members are appointed in writing by the DDS director for a three-year term and may be reappointed.

(3)   The SHRBRC includes:

(A)   at least three members with expertise in areas relating to the duties of the committee, including:

(i)   positive behavior supports and educational methodologies;

(ii)   issues involving client rights;

(iii)   related medical or psychiatric issues; or

(iv)   other qualifying experience as accepted by the DDS director. Documentation of members' additional credentials is maintained by DDS;

(B)   at least two individuals who receive DDS services or are a family member, guardian, or advocate of an individual who receives DDS services; and

(C)   ex-officio, non-voting members as appropriate to assist in the business of the committee. The positive support field specialist serves as a non-voting member, when present to discuss protective intervention protocols submitted by the Team.

(4)   At least one-half of the voting committee members must be present to conduct business.

(5)   A professional whose protective intervention protocol is the subject of review may not vote on his or her protocol approval.

(6)   A member may not vote on an issue or recommendation when there is a professional, pecuniary, or familial conflict of interest.

(7)   Members are required to protect the confidentiality of all records and information disclosed in carrying out the duties and activities of the committee.

(A)   Each committee member is required to sign a confidentiality statement.

(B)   Confidentiality is protected in all communications of the committee to non-members.

(c)   Documentation of SHRBRC reviews. The SHRBRC chairperson must maintain:

(1)   a record of each meeting that includes:

(A)   a summary of the disposition of each protective intervention protocol reviewed;

(B)   a record of attendance;

(C)   the date of the meeting; and

(D)   documentation of other issues discussed by the committee;

(2)   a tracking system that allows for retrieval of information pertinent to:

(A)   individual protective intervention protocols;

(B)   protective intervention protocol authors; and

(C)   types of restrictions.

(d)   Findings of the SHRBRC. All required changes, requests for additional information, and SHRBRC recommendations are supported by a consensus of the committee.

(1)   Protective intervention protocols must be modified to accommodate the required SHRBRC changes and approved per this Section prior to implementing the proposed restrictive or intrusive procedure(s).

(2)   Educational supports in addition to those required by the protective intervention protocol may be recommended by the SHRBRC to assist the Team in maximizing the individual's growth and skill development. Recommended supports address specific educational needs of the individual or training needs of the support staff and are designed to reduce or eliminate the need for restrictive or intrusive procedures.

(3)   Additional medical evaluation(s) may be recommended by the SHRBRC to determine if challenging behaviors are due to physical or medical conditions.

(4)   When the Team is resistant to positive approaches and preventions, the SHRBRC may recommend administrative action when necessary.

(5)   The SHRBRC is the final approval authority for protective intervention protocols that include restrictive or intrusive procedures.

(6)   Continued use of the restrictive or intrusive procedure must be reviewed and approved annually as long as the restrictive or intrusive procedure is in place.

(e)   Notification of the Team. The SHRBRC sends a copy of the protective intervention protocol review summary to the case manager. The review summary specifies whether the protective intervention protocol is:

(1)   approved by a consensus of the committee;

(2)   conditionally approved, with required information or changes to be provided within a SHRBRC specified time period; or

(3)   not approved, with required information or changes to be provided. The case manager convenes the Team within 10-business days of receipt of the SHRBRC review makes necessary modifications to the protective intervention protocol.

(f)   Revisions to protective intervention protocols. Revisions to protective intervention protocols are clearly marked when resubmitted to the SHRBRC.

(1)   When the information or revision requested by the SHRBRC is not provided within the SHRBRC specified time period, the restrictive or intrusive procedure contained in the protective intervention protocol is considered not approved for use.

(2)   When the Team is unclear on how to meet the SHRBRC requirements, they may request technical assistance from the positive support field specialist.

(3)   The SHRBRC may request an administrative inquiry per OAC 340:100-3-27.1 when it determines there are service deficiencies associated with the development of the protective intervention protocol.

(4)   The Team may request a SHRBRC hearing, when presenting revisions, to further explain the direction taken in the protective intervention protocol.

(g)   The Robert M. Greer Center (Greer). For persons served by Greer, review and approval by the center's Behavior Review Committee and HRC are required when restrictive or intrusive procedures are proposed.

[Source: Added at 20 Ok Reg 97, eff 10-16-02 (emergency); Added at 20 Ok Reg 936, eff 6-1-03; Amended at 33 Ok Reg 1668, eff 9-15-16]