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This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.34.1409    AVERSIVE PROCEDURES: APPROVAL CRITERIA

(1) In general, the following criteria govern the approval of proposed programs incorporating aversive procedures:

(a) the proposed individual program plan must meet the minimum requirements specified in these rules;

(b) previous attempts to modify the maladaptive target behavior using less restrictive procedures have not proven to be effective, or the situation is so serious that a restrictive procedure is immediately warranted;

(c) the proposed procedure is a reasonable response to the person's maladaptive target behavior in that:

(i) there is evidence of the use of similar procedures in the current, relevant, published professional literature;

(ii) in general, the procedure is constructed in such a way as to be consistent with procedures of the same type as found in the current, relevant, published professional literature; and

(iii) the maladaptive target behavior is so serious that the person's interests in receiving services and treatment outweighs the right to the least restrictive training procedures and as a result the procedure is warranted.

History: Sec. 53-2-201 and 53-20-204, MCA; IMP, Sec. 53-20-203 and 53-20-205, MCA; NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124.

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