(1) The developmental disabilities program review committee (DDPRC) is a standing committee appointed by, and responsible to, the division administrator. The committee shall have representatives from at least the following three disciplines:

(a) legal - a person with a degree in jurisprudence from an accredited law school;

(b) advocacy/consumer - a trained advocate or the parent/guardian of a developmentally disabled person; and

(c) habilitation - a person with extensive education and experience in the use of the principles of applied behavior analysis in the habilitation of persons with developmental disabilities.

(2) The function of the DDPRC is to:

(a) provide for initial review and approval of proposed level II aversive procedures in accordance with the rules of this subchapter;

(b) either remand the ongoing review and approval of the approved procedure to the regional manager or retain the ongoing review and approval of the approved procedure;

(c) review a sample of the level II procedures that are the responsibility of the regional managers in order to provide feedback to the division administrator regarding the reliability and appropriateness of the ongoing level II procedure reviews and approvals; and

(d) annually review the ongoing review process for level II procedures in each of the regional offices and make recommendations to the administrator concerning the conduct of the level II procedure reviews and approvals by the regional offices;

(e) periodically complete ongoing data reviews and approvals of a sample of level II procedures in lieu of the regional manager in order to facilitate ongoing involvement of the DDPRC in programs the committee initially approved; and

(f) publish and update as needed guidelines for the use of aversive procedures.

(3) The DDPRC shall publish, maintain and disseminate the following information:

(a) a list of the current members of the DDPRC;

(b) a schedule of the routine time and place of meetings;

(c) the name and mailing address of a contact person for the committee;

(d) a set of descriptors which specifies guidelines for the minimum elements of each type of aversive procedure in level II. Each descriptor shall be based on a review of the professional literature and contain a justification for each element specified;

(e) a set of operating procedures for the committee;

(f) a set of reliability procedures for the review of a sample of the level II aversive procedures approved on an ongoing basis by each regional manager;

(g) guidelines for the periodic review of ongoing level II aversive procedures;

(h) a brief application form to accompany all requests for program review; and

(i) a description of the process for resolving appeals.