1. (1) A behavior professional may only include a safeguarding intervention in a PBSP when all of the following conditions are met:

   1. (a) The safeguarding intervention is directed for use only:

      1. (A) As an emergency crisis strategy.
      2. (B) For as long as the situation presents imminent danger to the health or safety of the individual or others.
      3. (C) As a measure of last resort.
   2. (b) The behavior professional has weighed the potential risk of harm to an individual from the safeguarding intervention against the potential risk of harm from the behavior.
   3. (c) The safeguarding intervention is in accordance with an ODDS-approved behavior intervention curriculum or the behavior professional has secured written authorization from the curriculum’s oversight body to modify the safeguarding intervention. A copy of the authorization to modify a safeguarding intervention must be attached to the PBSP.
   4. (d) The behavior professional acknowledges that prior to the implementation of any safeguarding intervention, an individual must have an individually-based limitation for restraint according to OAR 411-415-0070.

2. (2) The following safeguarding interventions are prohibited:

   1. (a) A safeguarding intervention with any of the following characteristics:

      1. (A) Abusive.
      2. (B) Aversive.
      3. (C) Coercive.
      4. (D) Demeaning.
      5. (E) Disciplinary.
      6. (F) For convenience.
      7. (G) Punishment.
      8. (H) Retaliatory.
   2. (b) Chemical restraint.
   3. (c) Mechanical restraint.
   4. (d) Prone restraint.
   5. (e) Supine restraint
   6. (f) Lateral floor restraint.

3. (3) When a PBSP includes a safeguarding intervention, the PBSP must include a summary of all of the following:

   1. (a) The nature and severity of imminent danger requiring a safeguarding intervention.
   2. (b) A history of unsafe or challenging behaviors exhibited by the individual.
   3. (c) A description of the training and characteristics required for the designated person applying the safeguarding intervention.
   4. (d) Less intrusive measures determined to be ineffective or inappropriate for the individual.
4. (4) A behavior professional and designated person applying safeguarding interventions must be trained on the use of safeguarding interventions by a person who is certified to train in an ODDS-approved behavior intervention curriculum.
5. (5) A behavior professional must only use safeguarding interventions the behavior professional is certified to use.

Statutory/Other Authority

ORS 409.050, 427.104 & 430.662

Statutes/Other Implemented

ORS 409.010, 427.007, 427.104, 430.610 & 430.662

History

APD 32-2022, amend filed 06/26/2022, effective 07/01/2022
APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017