1. (1) The following restricted procedures may be used for up to 90 calendar days as part of a behavior support plan that is developed in accordance with a person’s Home and Community-Based Services, (HCBS) health and safety modification and ARM 37.34.1412 and approved in accordance with (2):

   1. (a) contingent access to personal possessions;
   2. (b) contingent access to personal funds;
   3. (c) contingent access to technology and technology devices, not to include communication devices;
   4. (d) contingent access to social activities;
   5. (e) contingent access to specific community location(s); and
   6. (f) response cost.

2. (2) A behavior support plan that includes the use of restrictive procedures must be approved by:

   1. (a) a board-certified behavior analyst-doctoral (BCBA-D), board-certified behavior analyst (BCBA), or board-certified assistant behavior analyst (BCaBA) under the supervision of a BCBA-D or BCBA;
   2. (b) a person with an Institute for Applied Behavior Analysis (IABA) certification or an Intermediate Applied Behavior Analysis (ABA) Professional; or
   3. (c) a person with a degree in applied behavior analysis (ABA), psychology, or special education who has provided documentation of training and experience in the use of the principles of ABA as approved by the department.
3. (3) All professionals developing and approving behavior plans are encouraged to have additional training in principles of safety science and trauma informed care.
4. (4) A copy of the behavior support plan incorporating restricted procedures as listed in (1) must be sent to the DDP bureau chief or their designee within three working days after approval as required in (2).

5. (5) The DDP bureau chief or their designee must provide prior written authorization for the continued use of the restricted procedures after 90 calendar days. The designee(s) may take the form of a program review committee which is responsible for reviewing and monitoring the continued implementation and effectiveness of the behavior support plan. A behavior support plan incorporating restricted procedures must be reviewed at least once per year by the DDP program review committee.

   1. (a) Program review committees:

      1. (i) have at least three members;
      2. (ii) meet at least once per month; and
      3. (iii) can be composed of, but are not limited to psychiatrist(s), psychologist(s), board certified behavior analyst(s), provider representative(s), regional representative(s), a developmental disabilities program central office representative, a targeted case manager (TCM), a representative of Disability Rights Montana (DRM), parent/family representatives, or members currently receiving services with or without restrictions.
6. (6) The restricted procedures in (1) may only be used in the delivery of services to a person as authorized by these rules.

Authorizing statute(s): 53-6-402, 53-20-204, MCA

Implementing statute(s): 53-6-402, 53-20-203, MCA

History: NEW, 2012 MAR p. 2617, Eff. 12/21/12; AMD, 2025 MAR, Notice No. 2025-278, Eff. 10/11/25.