(1) The program shall employ methods to assure the safety of all concerned parties (i.e. program participants, staff, parents, and guardians).

(2) The program shall have written behavioral management policy and procedures including, but not limited to, the following:

(a) description of the methods of discipline to be used by the program which include:

(i) the philosophy of discipline, methods of discipline permitted, and the purpose of the discipline as it relates to the ongoing learning and development process for program participants;

(ii) a statement outlining that discipline methods must not employ the use of corporal punishment as defined in 20-4-302, MCA; and

(iii) the methods of discipline must not include abuse as defined in 53-21-102, MCA, including such things as verbal abuse, ridicule, humiliation, profanity, threats or other forms of degradation directed at the program participant or the program participant's family, or practices which are humiliating or degrading to the program participant.

(3) In developing the discipline methods for this policy, programs must take into account the following prohibitions:

(a) medication cannot be administered as a form of discipline or as a substitute for appropriate treatment services;

(b) program participants cannot be forced to take an uncomfortable position for an extended period of time, which is anticipated to cause physical pain, for no purpose other than for punishment;

(c) program participants cannot be denied visits or communication with the program participant's parent(s) or guardian(s), except as specified in the program's design and planned activities, or the program participant's treatment plan or court order;

(d) program participants may not be confined in a locked room; and

(e) program participants may not administer discipline to another program participant unless proper staff supervision exists and the discipline follows the written policy regarding participant to participant discipline interactions.

(4) If the program intends to utilize restraint as a method of behavioral management, the program must only use passive physical restraint methods.

(a) Restraint must be performed in a manner that is safe, proportionate, and appropriate to the severity of the behavior, the patient's size, gender, physical, medical, psychiatric condition, and personal history.

(b) Restraint may only be used in emergency situations to ensure the physical safety of the youth, parent(s) or guardian(s), other youth, or staff of the program and only when less restrictive measures have been found to be ineffective to protect the youth or others from harm.

(c) Restraint procedures must be implemented in accordance with program policies and discontinued when the behaviors that necessitated the restraint or seclusion are no longer in evidence.

(d) The policy governing the use of restraint must include a chain of notification within the organization, notification of parent(s) or guardian(s) and outline the manner in which the use of restraint is to occur.

(5) The behavioral management policy shall be provided to all staff and direct care staff shall receive training relative to behavioral management.