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

DAR File No. 30180
NOTICES OF PROPOSED RULES
(4)(a) A staff-directed time-out or a self-directed time-out is
only used when a client's behavior is disruptive to a client's ability to
participate in the activity, or as an intervention when the client poses
a risk of harm to a person or property.
(b) A time out shall not be used to coerce, punish, or retaliate
against a client.
(c) A staff-directed time-out shall be documented in an
incident report.
(d) If a client is placed in a staff-directed time-out more than
four times in any twenty-four hour period, a review is conducted by
the mental health therapist, medical practitioner, or a behavior
consultant in a program that is under exclusive contract with DSPD
and provides services only to DSPD clients, to determine the
suitability of the client remaining in the program.
(e) Any one time-out shall not exceed 30 minutes in duration
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 time-out remains
necessary.
(f) A staff who is responsible for monitoring a client in a staffdirected
time-out shall have no other immediate responsibilities and
is required to maintain continuous visual or auditory contact with a
client.
(5)(a) Seclusion may only be used when a client's behavior is
disruptive to a client's ability to participate in the activity, or as an
intervention when the client poses a high risk of harm to a person or
property, and a less restrictive method of behavior management is
ineffective.
(b) Seclusion shall not be used to discipline, coerce, punish, or
retaliate against a client.
(c) Seclusion shall be documented in an incident report.
(d) If a client is placed in seclusion more than 2 times in any
twenty-four hour period, a review is conducted by 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, to determine the suitability of the
client remaining in the program.
(e) Any one seclusion shall not exceed the time required for
the client to gain control of the client's emotions and actions, and in
no event shall the seclusion exceed 2 hours in duration 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 seclusion remains
necessary.
(f) A staff who is responsible for monitoring a client in
seclusion shall have no other immediate responsibilities and is
required to maintain continuous visual and auditory contact with a
client.
(g) Seclusion shall not be used in any:
(i) therapeutic school, or
(ii) non-residential program.
(6) If there is any type of emergency, such as a fire alarm or
evacuation notification, clients in time-out or seclusion shall
immediately be released and follow the safety plan.
(7) A client who is placed in a staff-directed time-out or
seclusion shall not be in possession of potentially harmful objects or
materials, such as articles of clothing that could present a risk or
harm.
(a) A client who has expressed any suicidal or self-harm
ideation or behavior shall be visually monitored by staff until a
mental health therapist evaluates the client and makes further
recommendations.
(b) A client in time-out or seclusion shall be provided with
clothing that preserves the comfort, modesty, and dignity of the
client.
(8) Toilet facilities shall be provided for a client who is in
time-out or seclusion.
(9)(a) Time-out rooms shall not be located in closets,
bathrooms, unfinished basements, unfinished attics, or boxes.
(b) Seclusion rooms shall not be located in closets, bathrooms,
bedrooms, unfinished basements, unfinished attics, or boxes.
(c) A seclusion room shall be unfurnished and shall contain no
equipment or materials that a client may use to inflict harm upon any
person or property.
(d) A room used for time-out or seclusion shall be wide
enough and deep enough to allow the client to lie prone with arms
extended without touching the walls, with a ceiling height of at least
7 feet.
(e) A room used for time-out or seclusion shall have either
natural or mechanical ventilation, and shall be maintained at no less
than 65 degrees and no more than 80 degrees.
(f) A room used for seclusion shall be equipped with a break
resistant window or camera that allows for full observation of all
areas of the room.
(g) A room used for time-outs or seclusion shall not have
locking capability, except:
(i) after receiving the prior written approval of the Office of
Licensing, a program may equip a time-out or seclusion room with a
magnetic lock that is connected with the program's alarm system and
that automatically unlocks in the event of an emergency; and
(ii) after receiving the prior written approval of the fire
marshal, a program may use a magnetic lock in a time-out or
seclusion room that is connected with the program's alarm system
and that automatically unlocks in the event of an emergency.
(10) The program's mental health therapist shall be responsible
for the supervision of the program's behavior management
procedures.
(a) A program that is under exclusive contract with DSPD and
provides services only to DSPD clients may utilize the services of a
"behavior consultant" instead of a mental health therapist.
R501-2-10. Rights of Clients.
(1) The program policies and procedures shall describe clients'
rights, which shall include but not be limited to:
(a) the right to confidentiality of information about
prospective, current and former clients, and the right to
confidentiality of records concerning prospective, current and
former clients, except when disclosure is required by law or
requested by the client's guardian or an adult client;
(b) the right to receive medical care, treatment services,
nutritious food, and in residential programs, clean clothing and safe
shelter;
(c) the right to be informed of the reasons for an involuntary
termination, appeals processes in programs that permit appeals of
involuntary terminations, and the criteria for re-admission to the
program in programs that permit readmission;
(d) the right to be treated with courtesy and professionalism by
staff;
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