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(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 ARM 37.34.1412 and approved in accordance with (2):

(a) physically enforced contingent observation;

(b) contingent access to personal possessions;

(c) contingent access to personal funds;

(d) educational fines;

(e) physically enforced exclusion time out;

(f) physically enforced overcorrection;

(g) physically enforced positive practice overcorrection;

(h) physically enforced restitutional overcorrection;

(i) contingent access to social activities;

(j) response cost; and

(k) physically enforced required relaxation.

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

(a) a board-certified behavior analyst (BCBA);

(b) a family support specialist with an autism endorsement (FSS-AE);

(c) a person with an Institute for Applied Behavior Analysis (IABA) consultant certification; or

(d) a person with a degree in applied behavior analysis, psychology, or special education who has provided documentation of training and experience in the use of the principles of applied behavior analysis in the habilitation of person(s) with developmental disabilities and the development of behavior support plans to the developmental disabilities program director.

(3) A copy of the behavior support plan incorporating restricted procedures as listed in (1) must be sent to the developmental disabilities program director within three working days after approval as required in (2).

(4) The developmental disabilities program director or their designee must provide prior written authorization for the continued use of the restricted procedures after 90 calendar days and the department designee is responsible for reviewing and monitoring the continued implementation and effectiveness of the behavior support plan.

(5) The restricted procedures in (1) may only be used in the delivery of services to a person as authorized by these rules.

History: 53-6-402, 53-20-204, MCA; IMP, 53-6-402, 53-20-203, MCA; NEW, 2012 MAR p. 2617, Eff. 12/21/12.

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