1. (a) All proposed treatment plans for behavior modification which may cause pain or trauma shall:

   1. (1) Describe the program which is proposed for implementation.
   2. (2) Prescribe procedures for the monitoring and implementation of the behavior modification program by the Interdisciplinary Team.
   3. (3) Identify those staff members authorized to use the approved interventions.

   4. (4) Be accompanied by all of the following:

      1. (A) Documentation that consent has been given for the program described in the treatment plan.
      2. (B) A functional analysis of the target behavior(s).
      3. (C) A history of the prior interventions that have proven unsuccessful.

      4. (D) Evidence of a prior review for the proposed treatment plan by the client's physician, including a statement that:

         1. 1. Medical intervention to remediate the target behaviors is not an appropriate course of action; and
         2. 2. There are no medical contraindications to the proposed treatment plans.

2. (b) A Behavior Modification Review Committee shall approve a proposed treatment plan only after making a finding that all of the following conditions exists:

   1. (1) All of the information specified in subsection (a) is present.

   2. (2) The treatment Plan:

      1. (A) Conforms to the requirements of the license of the facility in which it is to be performed.
      2. (B) Is designed solely for the purpose of achieving the goal of enabling the client to lead a more independent, productive, and normal life as expressed in the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code, Sections 4500 et seq.)
   3. (3) The history of prior interventions demonstrates that all less restrictive alternative methods have been tried without success.
   4. (4) The procedures prescribed in the plan for the monitoring and implementation of the program are adequate.
   5. (5) Each element of the behavior modification program described in the plan is technically adequate and appropriate in light of prevailing behavior modification standards within the psychological treatment profession.
   6. (6) The potential harm from not providing each element of the program outweighs the potential harm created by implementing each element.
   7. (7) The program will not cause irreparable harm to the client.
3. (c) No treatment plan shall be deemed approved by the Behavior Modification Review Committee until the committee has completed and transmitted a written notice of approval to the initiating Interdisciplinary Team that includes an express finding concerning each of the elements listed above, along with a statement of the supporting facts and reasons for each finding.
4. (d) Approval by the Behavior Modification Review Committee shall be effective for a period not to exceed one year.

Note: Authority cited: Section 4505, Welfare and Institutions Code. Reference: Section 4505, Welfare and Institutions Code.

History

1. New section filed 9-29-89; operative 10-29-89 (Register 89, No. 40).