Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 30180
(i) the date, time, and circumstances surrounding the transfer
or placement;
(ii) the client and staff involved;
(iii) communications with the client's guardian;
(iv) methods of transfer used, including transportation and
safety plans;
(v) verification that the client's guardian, if any, has accepted
physical custody of the client or approved the transfer of physical
custody of the client to an individual designated by the guardian in
writing;
(vi) date, signature and title of staff preparing report; and
(vii) date and signature of the program director approving the
report.
(17) The program's grievance policy shall describe how a
grievance may be made, who shall investigate and complete a
written report regarding each grievance, and an appeal process.
(a) The program, its governing body and its staff shall not
retaliate against any person who makes a complaint or grievance.
(b) Grievances shall be retained in grieving client's or grieving
staff's file, and a copy shall be retained in a separate file
documenting all grievances together with the investigation and
resolution.
(18) Changes to the program's services, policies and
procedures shall be disclosed to clients or clients' guardians prior to
any change.
R501-2-8. Off-site Activities.
(1) A program that offers off-site activities for clients shall
describe in the program's policies and procedures manual which
types of off-site activities, including but not limited to specific types
of mountain sports, water sports, shopping trips, and field trips, are
permitted and which are prohibited, and shall:
(a) address risk factors associated with taking clients off-site
for each type of activity permitted by the program;
(b) address risk factors associated with the client population
that may participate in off-site activities;
(c) identify high-risk clients and require staff to remain within
sight or hearing of high-risk clients;
(d) describe the minimum direct care staff-to-client ratio
required for each type of activity permitted by the program, which
shall never be less than the minimum direct care staff-to-client ratio
required by categorical rule;
(e) describe what physical and behavioral prerequisites a client
must meet in order to participate in each type of activity permitted
by the program; and
(f) include a safety plan, including but not limited to
communication, emergency and evacuation procedures, for each
type of activity permitted by the program.
(2) A program shall obtain the written consent of the adult
client or the client's guardian for each type of off-site activity prior
to permitting the client to participate in the activity, but is not
required to obtain an additional consent each time the client
participates in the same activity.
(3) Staff involved in the off-site activity shall be familiar with
the location and activity.
(a) A program may contract with an experienced professional
guide to conduct an activity as long as the client's legal guardian
grants permission and the program maintains responsibility for the
health and safety of the participants.
(4) A program shall provide safety equipment, supplies, staff
training, and client training for each person participating in the
activity.
R501-2-9. Behavior Management.
(1) The program policies and procedures shall describe all
methods of behavior management permitted by the program. These
shall include:
(a) definition of appropriate and inappropriate behaviors;
(b) acceptable staff responses to inappropriate behaviors;
(i) staff shall only use behavior management techniques
appropriate for the age, behavior, needs, and developmental level of
a client;
(ii) staff shall only use behavior management techniques that
are positive, consistent, and that promote self-control, self-esteem,
and independence;
(iii) staff shall not use physical work assignments or activities
that inflict pain as behavior management techniques;
(A) a physical work assignment or activity that results in minor
sore muscles does not violate subsection(1)(b)(iii);
(iv) staff shall not abuse, threaten, humiliate, ridicule, degrade,
or frighten a client;
(v) staff shall not deny a client medical care, food, hydration,
clothing, bedding, sleep, toilet and bathing facilities, or any clients'
rights;
(vi) staff shall not use nor permit the use of a mechanical
restraint, chemical restraint, physical force, or the infliction of pain
to discipline, coerce, punish, or retaliate against a client;
(vii) staff shall not place nor permit another to place anything
on a client's face, over a client's head, or in a client's mouth to
discipline, coerce, punish, or retaliate against a client;
(c) staff shall use the least restrictive method of behavior
management available to control a situation; and
(d) staff shall not use behavior management techniques that are
not specifically authorized by the program's written policy and
procedures.
(2) Staff shall receive training relative to behavior management
at least annually.
(3)(a) Staff shall not use nor permit the use of any physical
restraint with the exception of passive physical restraint.
Passive physical restraint shall be used only as a temporary
means of physical containment to protect the client, other persons, or
property from harm.
(c) Passive physical restraint shall not be used to discipline,
coerce, punish, or retaliate against a client.
(d) Passive physical restraint shall be documented in an
incident report.
(e) Passive physical restraint shall be applied only by staff who
are trained in accordance with the non-violent intervention strategies
of a State, regional or national recognized program.
(f) Passive physical restraint shall be applied only as long as
necessary to calm the client, and shall not exceed 30 minutes unless
a mental health therapist, a medical practitioner, or a behavior
consultant in a program that is under exclusive contract with DSPD
and provides services only to DSPD clients, remains present on site,
evaluates the client, and determines that the restraint remains
necessary.
36 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15