(1) Nonaversive procedures.

(a) Nonaversive procedures are appropriate for use during daily interactions and as such require no prior approval.

(b) Nonaversive procedures, when used to systematically address a specific inappropriate behavior, must be incorporated into an individual program plan (IPP) and must address an objective specified in the person's individual plan.

(c) Nonaversive procedures include:

(i) schedule changes or antecedent stimulus modification;

(ii) differential reinforcement of other behaviors;

(iii) differential reinforcement of other behavior on a progressive schedule;

(iv) differential reinforcement of incompatible behavior;

(v) differential reinforcement of alternative behavior;

(vi) differential reinforcement of low rate behavior;

(vii) simple restitution where the client does not physically resist. The duration of the restitution may not exceed 20 minutes per day total in a 24 hour period from midnight to midnight;

(viii) modeling with positive reinforcement; and

(ix) self reinforcement.

(c) Nonaversive procedures must not pose substantial health risks to the client.

(2) Level I aversive procedures.

(a) Level I aversive procedures include:

(i) contingent observation without restraint the duration of which does not exceed 20 minutes per episode or 60 minutes total in a 24 hour period from midnight to midnight.

(ii) restriction of social activities;

(iii) response cost;

(iv) educational fines;

(v) contingent use of personal spending money; and

(vi) contingent use of personal possessions.

(b) Level I aversive procedures may only be used:

(i) as part of a written IPP developed in accordance with the provisions of this subchapter;

(ii) with the approval by the person's individual planning team including a division representative; and

(iii) with the written consent of the person's parent, if the person is under 18 years of age, or the person's legal guardian, if one has been appointed by the court.

(c) Level I aversive procedure approval is as stated in (b) above.

(3) Level II aversive procedures.

(a) Level II aversive procedures include:

(i) restitutional and positive practice overcorrection;

(ii) contingent exercise;

(iii) nonexclusionary time out;

(iv) exclusion time-out;

(v) seclusion time-out;

(vi) required relaxation;

(vii) contingent observation with restraint or with over 20 minutes duration each episode or 60 minutes total duration in a 24 hour period from midnight to midnight;

(viii) physical restraint;

(ix) mechanical restraint; and

(x) satiation.

(b) Level II aversive procedures are the most restrictive employed in the habilitation process and as such they may only be used:

(i) as part of a written IPP developed in accordance with the provisions of this chapter;

(ii) with the approval by the person's individual planning team including a division representative;

(iii) with the initial review and approval by the developmental disabilities program review committee (DDPRC) ;

(iv) with the ongoing review and approval by the regional manager; and

(v) with the written consent of the person's parent if the person is under 18 years of age, or the person's legal guardian, if one has been appointed by the court.

(c) The developmental disabilities program review committee will respond in writing at its regularly scheduled meeting regarding requests for level II aversive procedures approval.

(d) The following information must accompany any request for level II aversive procedures approval in order to be considered:

(i) documentation of individual planning team approval of the procedure;

(ii) a copy of the proposed individual program plan which conforms to the requirements specified in these rules;

(iii) documentation of the failure of less restrictive procedures including data from previous individual program plans and a brief summary of each procedure that has been used. In the absence of such documentation, strong justification for the use of aversive or deprivation procedures and an explanation for the lack of documentation must be supplied;

(iv) written endorsement from a physician for any procedure which might affect the person's health; and

(v) written consent from the person's parent if the person is under 18 years of age, or the person's legal guardian, if one has been appointed by the court.

(e) The regional manager must review and approve or disapprove level II procedures on an ongoing basis in accordance with the provisions of the rules of this subchapter.

(f) The regional manager may request that the developmental disabilities program review committee (DDPRC) review a level II procedure, if a more thorough review may be warranted or if the level II procedure is changed significantly from the initial review by the developmental disabilities program review committee.