(a)

1. (1) The selected provider for supportive living services must develop a behavioral prevention and intervention plan for a beneficiary if the beneficiary’s risk mitigation plan identifies the beneficiary as a risk to display behaviors that can lead to harm to self or others, but below a risk level requiring a positive behavior support plan.

2. (2) The development and drafting of a behavioral prevention and intervention plan must be performed by an employee who:

   1. (A) Has completed all the trainings and certifications required in 20 CAR § 535-303; or
   2. (B) Is a licensed professional.

3. (3) A behavioral prevention and intervention plan must at a minimum include:

   1. (A) A description of the beneficiary’s inappropriate behaviors;
   2. (B) What triggers the inappropriate behaviors;
   3. (C) What actions to take when an inappropriate behavior occurs; and
   4. (D) A statement that restraints and restrictive interventions are prohibited except during an emergency safety intervention.
4. (4) A behavioral prevention and intervention plan does not have to be a standalone document and may be included within the beneficiary’s non-clinical treatment plan or other document.

(b)

1. (1) The selected consultation provider must develop and implement a positive behavior support plan if a beneficiary’s risk mitigation plan identifies the beneficiary as a high behavioral risk that can lead to harm to self or others, as defined in the risk assessment and mitigation plan tool.

2. (2)

   1. (A) The development and drafting of the positive behavior support plan is a consultation service that must be performed by one (1) of the following certified providers of consulting services as defined in 20 CAR § 535-608:

(i) Psychologist;

1. (ii) Psychological examiner;

   1. (iii) Positive behavior support specialist;

      1. (iv) Board certified behavior analyst;
      2. (v) Licensed clinical social worker; or
      3. (vi) Licensed professional counselor.
   2. (B) The provider of consultation services that develops and implements the positive behavior support plan does not have to be the provider performing supportive living services for the beneficiary.

2. (3) A positive behavior support plan must at minimum include all items listed in subsection (a)(3) of this section in addition to the following:

   1. (A) Who will be implementing the positive behavior support plan;
   2. (B) The skills or appropriate behaviors that will be taught to reduce or minimize the inappropriate behaviors;
   3. (C) The prompts that will be added to the environment to help reduce the occurrence of, or assist the beneficiary to overcome, the trigger;
   4. (D) An incentive and reinforcement system for appropriate beneficiary behavior that includes more than social praise;
   5. (E) Specific criteria the beneficiary needs to meet to earn reinforcement;

   6. (F) A detailed emergency safety intervention action plan, that at a minimum includes:

      1. (i) The behavioral context that will trigger the use of emergency safety intervention procedures;
      2. (ii) The exact emergency safety intervention procedures that will be used and by whom; and
      3. (iii) The process that will be used for a review of the positive behavior support plan within forty-eight (48) hours of the emergency safety intervention; and
   7. (G) The next positive behavior support plan review date.