Each provider of direct home and community-based (HCB) services shall have a policy approved by the division that addresses behavior support plans. The policy must include the following requirements:

1. (1) Compliance with the requirements in SDCL 27B-8-51, 27B-8-52, 27B-8-53, 27B-8-54, and 27B-8-55, including completing a functional behavioral analysis, shall be met prior to implementing the behavior support plan;
2. (2) Implementation and documentation of positive behavioral approaches prior to approving and implementing more restrictive procedures;
3. (3) Implementation of behavioral supports by staff with prior training and demonstrated competency;
4. (4) A participant only receives the amount of behavior and chemical intervention necessary to prevent harm to the participant or others;
5. (5) The behavior support plan documents that the severity of the behavior justifies incorporating highly restrictive procedures;
6. (6) The technical aspects of highly restrictive procedures are reviewed prior to implementation;
7. (7) Highly restrictive procedures are regularly reviewed for any adverse effects;
8. (8) Participants may not be subjected to highly restrictive procedures or punishment for the convenience of staff or in lieu of a behavior support plan;
9. (9) Due process, which includes review by the human rights committee, the behavior support committee, appeal through the provider of direct HCB services grievance process, and consent of the participant or the participant's legally authorized representative, prior to implementation; and

10. (10) The individualized service plan (ISP) team's consensus that the benefit of any highly restrictive procedures outweigh any harmful side effects must be documented in the participant's ISP.

    Cross-References:

    Use of aversive intervention techniques prohibited, SDCL 27B-8-51.

    Restriction or suspension of rights only after due process, SDCL 27B-8-52.

    Use of restraints, SDCL 27B-8-53.

    Behavior intervention programs -- Prerequisites to implementation, SDCL 27B-8-54.

    Highly restrictive procedures -- Limitations on use, SDCL 27B-8-55.

Source: 40 SDR 201, effective December 3, 2013; 43 SDR 9, effective August 2, 2016 ; 49 SDR 48, effective November 22, 2022 .

General Authority: SDCL 27B-2-26 (3)(4).

Law Implemented: SDCL 27B-2-26 (3)(4), 27B-8-51 , 27B-8-52 , 27B-8-53 , 27B-8-54 , 27B-8-55 .

Prior versions effective: 2016-08-02, 2013-12-03.