Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12

Affected: IC 12-11-1.1; IC 12-11-2.1

Sec. 13. (a) In an emergency, chemical restraint, physical restraint, or removal of an individual from the individual's environment may be used:

1. (1) without the necessity of a behavioral support plan; and
2. (2) only to prevent significant harm to the individual or others.

(b) The individual's support team shall meet not later than five (5) working days after an emergency chemical restraint, physical restraint, or removal of an individual from the environment in order to:

1. (1) review the circumstances of the emergency chemical restraint, physical restraint, or removal of an individual;

2. (2) determine the need for a:

   1. (A) functional analysis;
   2. (B) behavioral support plan; or
   3. (C) both; and
3. (3) document recommendations.

(c) If a provider of behavioral support services is not a member an individual's support team, a provider of behavioral support services must be added to the individual's support team.

(d) Based on the recommendation of the support team, a provider of behavioral support services shall:

1. (1) complete a functional analysis within thirty (30) days; and
2. (2) make appropriate recommendations to the support team.

(e) The individual's support team shall:

1. (1) document the recommendations of the behavioral support services provider; and
2. (2) design an accountability system to ensure implementation of the recommendations.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 6-10-13; filed Nov 4, 2002, 12:04 p.m.: 26 IR 770; filed Aug 29, 2003, 10:30 a.m.: 27 IR 110; readopted filed Sep 26, 2008, 11:11 a.m.: 20081015-IR-460080618RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA)