(a) The individual program plan must be reviewed at least by the qualified intellectual disability professional and revised as necessary, including, but not limited to situations in which the client:
- (1) Has successfully completed an objective or objectives identified in the individual program plan;
- (2) Is regressing or losing skills already gained;
- (3) Is failing to progress toward identified objectives after reasonable efforts have been made; or
- (4) Is being considered for training towards new objectives.
- (b) At least annually, the comprehensive functional assessment of each client must be reviewed by the interdisciplinary team for relevancy and updated as needed, and the individual program plan must be revised, as appropriate, repeating the process set forth in 20 CAR §§ 413-727 – 413-728.
(c) The facility must designate and use a specially constituted committee or committees consisting of members of facility staff, parents, legal guardians, clients as appropriate, qualified persons who have either experience or training in contemporary practices to change inappropriate client behavior, and persons with no ownership or controlling interest in the facility to:
- (1) Review, approve, and monitor individual programs designed to manage inappropriate behavior and other programs that, in the opinion of the committee, involve risks to client protection and rights;
(2) Ensure that these programs are conducted only with the written informed consent of the:
- (A) Client;
- (B) Parent, if client is a minor; or
- (C) Legal guardian; and
- (3) Review, monitor, and make suggestions to the facility about its practices and programs as they relate to drug usage, physical restraints, time-out rooms, application of painful or noxious stimuli, control of inappropriate behavior, protection of client rights and funds, and any other areas that the committee believes need to be addressed.
- (d) The provisions of subsection (c) of this section may be modified only if, in the judgment of the Office of Long-Term Care, court decrees, state law, or rules provide for equivalent client protection and consultation.