SECTION 340:100-5-57.1. Reporting and monitoring use of restrictive or intrusive procedures or emergency interventions

(a)   The service recipient's Personal Support Team (Team) and Human Rights Committee (HRC) review any use of an intrusive procedure, other than medication previously approved per OAC 340:100-5-26.1, or an emergency intervention to ensure the use was reasonable, necessary, and consistent with the protective intervention plan or in accordance with OAC 340:100-5-57(f).

(1)   Form 06MP046E, Incident Report, is completed by the provider when an intrusive procedure or emergency intervention is used.

(2)   The provider agency program coordination staff:

(A)   reviews Form 06MP046E;

(B)   completes a written evaluation that:

(i)   indicates whether the:

(I)   intrusive procedure was implemented according to the protective intervention plan; or

(II)   emergency intervention complied with requirements per OAC 340:100-5-57(f);

(ii)   indicates whether the use of intrusive procedure or emergency intervention was reasonable and necessary; and

(iii)   includes recommendations and a description of actions taken; and

(C)   in addition to the requirements of OAC 340:100-3-34, sends the evaluation and copy of Form 06MP046E to the service recipient's HRC, Developmental Disabilities Services Division (DDSD) case manager, and positive support field specialist within 72 hours following the incident.

(b)   The DDSD case manager:

(1)   reviews each Form 06MP046E and program coordinator evaluation received for service recipients in his or her caseload;

(2)   ensures the service recipient's Team meets within five days of receipt of Form 06MP046E documenting use of an intrusive procedure or emergency intervention to ensure the use was reasonable and the least restrictive alternative available;

(3)   completes Form 06CB055E, Monthly Summary of Restrictive/Intrusive Procedure Usage, for all restrictive or intrusive procedures or emergency interventions used for service recipients in his or her caseload, that describes systems concerns, recommendations, and planned interventions;

(4)   takes necessary action to address identified issues; and

(5)   sends Form 06CB055E to the DDSD director of psychological and behavioral supports.

(c)   The DDSD director of psychological and behavioral supports and positive support field specialist:

(1)   review and maintain copy of Form 06CB055E; and

(2)   take further action as needed to ensure requirements per OAC 340:100-5 are followed.

(A)   The positive support field specialist may be assigned to provide assistance to the Team.

(B)   If problems are noted, an administrative inquiry per OAC 340:100-3-27.1 may be requested.

(C)   If it appears use of restrictive or intrusive procedures or emergency intervention has occurred in violation of policy requirements, approval for use of physical management or emergency intervention may be suspended by the DDSD director of psychological and behavioral supports pending review by the Statewide Behavior Review Committee (SBRC) per OAC 340:100-3-14.

(D)   If it appears abuse or neglect has occurred, the authorities charged by law with the investigation of alleged abuse are notified.

(E)   The DDSD director of psychological and behavioral supports may require additional staff training or supports.

[Source: Added at 20 Ok Reg 97, eff 10-16-02 (emergency); Added at 20 Ok Reg 936, eff 6-1-03; Amended at 25 Ok Reg 986, eff 5-15-08]