1. (1)(a) An emergency behavior intervention may be used if imminent danger is present or threatened, including:

   1. (i) imminent injury to a person or any other person; or

      1. (ii) property destruction.
   2. (b) If possible, a provider shall exhaust any non-intrusive behavior intervention before implementing an emergency behavior intervention.
2. (2) Use of an emergency behavior intervention shall comply with Section R539-3-9.

3. (3) An emergency behavior intervention requires additional oversight, approval, and review.

   1. (a) A manual restraint may be used as described in Section R539-4-6.
   2. (b) A mechanical restraint may be used as described in Section R539-4-6.

   3. (c) In order for staff to use a seclusion room as an intervention, a provider administrator or qualified behavior professional must approve the use of the seclusion room, as described in Section R539-4-6, within 15 minutes of staff initiating each intervention.

      1. (i) If a provider administrator or qualified behavior professional does not approve the use of a seclusion room within 15 minutes of staff initiating the use of the seclusion room as an intervention, staff shall release the person from the seclusion room.
      2. (ii) Staff must have approval from a provider administrator or qualified behavior professional before shutting the door or holding the door shut.

   4. (d) If a provider uses an emergency behavior intervention for three or more incidents or for a total of 25 minutes or longer within 30 consecutive days, then the team shall meet within ten business days of the most recent emergency behavior intervention to determine if:

      1. (i) any medical or environmental factor is causing the behavior;
      2. (ii) the person needs a behavior support plan;
      3. (iii) a non-intrusive behavior intervention is needed in the person's behavior support plan;
      4. (iv) an intrusive behavior intervention is needed in the person's behavior support plan;
      5. (v) additional medical, mental health, or other professional assistance is needed; or
      6. (vi) another solution is available to help the person avoid or prevent future use of an emergency behavior intervention.
   5. (e) A provider human rights committee or provider peer review committee shall review each emergency behavior intervention incident report during the next regularly scheduled committee meeting or within 30 days of the date of each emergency intervention.

4. (4) Any emergency behavior intervention:

   1. (a) shall be considered reasonable and necessary under the circumstances;
   2. (b) shall result in an emergency rights restriction;
   3. (c) may not be used as a substitute for the behavior support plan;
   4. (d) may not be used for a length of time longer than is necessary to ensure the health and safety of any person in imminent danger; and
   5. (e) may not exceed an amount of force considered reasonable and necessary under the circumstances.
5. (5) If prolonged use of an emergency intervention occurs, staff shall seek assistance from the provider's administrator and any public safety service needed under the circumstances.
6. (6) For each occurrence of an emergency behavior intervention, a provider shall submit a critical incident report through the division's case management system. An incident report requires the same information as described in Rule R501-1.

7. (7) The incident report shall be reviewed by the person's support coordinator.

   1. (a) The provider shall communicate each follow-up action to the person's support coordinator.
   2. (b) The support coordinator shall document each follow-up action taken.

KEY: people with disabilities, behavior

Date of Last Change: July 23, 2025

Notice of Continuation: June 24, 2024

Authorizing, and Implemented or Interpreted Law: 26B-6-403