SOUTH DAKOTA |
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Standard or Definition |
South Dakota Administrative Rules
Article 46:11
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Restraint Definition |
"Physical restraint," the manual methods or mechanical devices that are intended to restrict the movement of a portion of an individual's body.
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Restraint Exclusions |
None. |
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Chemical Restraint Definition |
"Chemical restraint," medications to manage behavior. Each program using medications to manage behavior must identify the potential harmful effects of the medications in non-technical terms so that all team members can understand them.
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Seclusion Definition |
Time-out room refers to an enclosed area in which the consumer is placed contingent upon the exhibition of a maladaptive behavior, in which reinforcement is not available and from which egress is denied until appropriate behavior is exhibited.
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Seclusion Exclusions |
None. |
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Criteria for Restraint and Seclusion |
Time-out rooms may only be used as part of a behavior intervention plan approved by both the ATC's human rights and behavior intervention committees. Time-out rooms may not be used in a punitive fashion. Each use of time out may not exceed one hour.
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Monitoring Requirements |
Time-out rooms may be used only under continuous observation of the consumer by ATC staff, may not be locked with a key, and must allow for immediate staff entry.
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Ordering and Initiation |
The service team process used to determine the most appropriate restrictive procedure to use for the consumer's needs and restoration plan.
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In-person Assessment |
None. |
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Debriefing |
The human rights committee must use the following procedures:
- Review and approve or disapprove all behavior intervention plans which use any of the highly restrictive procedures listed in § 46:11:05:06. The review must ensure the opportunity for the informed consent of and participation by the consumer and the consumer's guardian, family member, or advocate in the development of highly restrictive interventions.
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Family & Guardian Notification |
The ATC must provide procedures for review and approval of the use of highly restrictive procedures by the consumer's parent if the consumer is under 18 years of age or the legal guardian; and
Procedures to document, in the consumer's plan, timelines for notifying the consumer's parent if the consumer is under 18 years of age or the legal guardian when highly restrictive procedures are implemented. |
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Notification of Rights and Restraint and Seclusion Policies and Procedures at admission |
None.
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Training |
Each new employee's personnel file shall document the dates that training requirements have been met. Orientation must be completed within six months after an employee's start date and must include:
- Instruction in the ethical principles related to modifying the behavior of individuals and in basic positive behavior intervention techniques. People who will implement behavior intervention procedures routinely must also receive training prior to the actual implementation of procedures specified in written individual service plans.
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Documentation |
Documentation of the service team's analysis of positive approaches and the less restrictive procedures that were used before implementation of a highly restrictive procedure;
A behavior intervention plan specifying the circumstances under which time-out may be used, the maximum time it may be used, and the procedures to be followed. Behavior intervention plans must be approved prior to implementation and reviewed at least every six months.
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Reporting |
Procedures for review and approval of the use of highly restrictive procedures by the ATC's human rights committee and behavior intervention committee prior to implementation and at least every six months thereafter. The review date may not exceed six months from the date of approval.
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Quality Improvement |
Behavior intervention committee. Each ATC must have a behavior intervention committee, that is appointed and selected by the ATC, which reviews the technical adequacy of and approves all behavior intervention plans which use any of the highly restrictive procedures listed in § 46:11:05:06.
The behavior intervention committee must be composed of a person with experience or training regarding behavior intervention and a physician, pharmacist, or other professional qualified to evaluate proposals for the use of medications to manage behavior. The behavior intervention committee must be provided with training in the effectiveness of behavior intervention techniques, the ATC's mission and philosophy, behavior changing medication, and disability awareness.
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