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Minnesota Statutes, Chapter 245D: Behavioral Safeguards

Minnesota Statutes, Chapter 245D: Behavioral Safeguards. - Minnesota Statutes, Chapter 245D is effective January 1, 2014. - Within 24 months, DHS shall adopt any needed supporting rules to govern 245D: positive support strategies; safety interventions; and

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Minnesota Statutes, Chapter 245D: Behavioral Safeguards

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  1. Minnesota Statutes, Chapter 245D:Behavioral Safeguards - Minnesota Statutes, Chapter 245D is effective January 1, 2014. - Within 24 months, DHS shall adopt any needed supporting rules to govern 245D: • positive support strategies; • safety interventions; and • emergency use of manual restraint.

  2. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 245D.04 SERVICE RECIPIENT RIGHTS. Subd. 3. Protection-related rights. (4) be free from restraint, time out, or seclusion …. except for emergency use of manual restraint to protect the person from imminent danger to self or others …

  3. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Emergency manual restraint means: • closely monitored use of manual restraint or physical holding on a person to protect the person or others from imminent risk of physical harm; • physical holds/manual restraints are the least restrictive interventions to eliminate the immediate risk of physical harm and to effectively achieve safety; • property damage, verbal aggression, refusal to receive treatment or training do not constitute an emergency.

  4. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Emergency use of manual restraint must not: • constitute maltreatment; • violate a person's rights and protections; • be used as an aversive and/or depriving punishment consequence; • use prone restraint or placing a person in a permanent face-down position; and • apply chest, abdomen and/or back pressure that restricts breathing and heart functioning.

  5. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 245D.06 PROTECTION STANDARDS. Subd. 5. Prohibited procedures. Behavioral interventions used as aversive and/or deprivation procedures to reduce or eliminate behavior as a punishment, including:

  6. Minnesota Statutes, Chapter 245D:Behavioral Safeguards • MANUAL RESTRAINTS // PHYSICAL HOLDING • MECHANICAL RESTRAINTS // DEVICES THAT CONSTRAIN THE PERSON • TIME-OUT FROM ACTIVITIES // REMOVAL FROM ONGOING PARTICIPATION • ROOM TIME-OUT // SECLUSION ROOM ISOLATION • *AVERSIVE & DEPRIVING PENALTY CONSEQUENCES (*LOSS OF TOKENS, POINTS, LEVELS, ITEMS,PRIVILEGES, PARTICIPATION, MONEY OR AN IMPOSED REQUIREMENT TO FIX//REPLACE PROPERTY DAMAGES, ETC.)

  7. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 245D.06 PROTECTION STANDARDS. Subd. 7. Permitted actions and procedures. • must be addressed in a person's coordinated service and support plan; • must use the least restrictive alternatives possible to meet the needs of the person; • techniques and methods may include:

  8. Minnesota Statutes, Chapter 245D:Behavioral Safeguards • physical holding to calm or comfort with no resistance from the person; • protections for a person at risk of injury or frequent falls due to a diagnosed medical condition; • physical contact to prompt or facilitate the completion of a task or response when the person does not resist or the person's resistance is minimal in intensity and duration;

  9. Minnesota Statutes, Chapter 245D:Behavioral Safeguards • Without physical holding - briefly blocking or redirecting a person's limbs or body to interrupt behavior that would result in injury to self or others. • Restraint for • medical examinations and treatments; • assisting safe evacuation; • redirection away from harm; • positioning a person with physical disabilities in a prescribed manner as specified in the coordinated service and support plan; • applying adaptive, orthotic, or medical aids and equipment to treat a diagnosed medical condition.

  10. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Minnesota Statutes, Chapter 245D and any needed governing rules will supersede Minnesota Rules, parts 9525.2700 to 9525.2810 (aka MN Rule # 40).

  11. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Timelines

  12. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 1.) For persons receiving services from a license holder before January 1, 2014: A.) a positive support transition plan must be developed and implemented by February 1, 2014, and B.) existing plans using emergency or programmatic use of aversive and/or deprivation procedures prohibited under this chapter must be phased out no later than December 31, 2014.

  13. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 2.) For persons admitted to receiving services from the licensed service provider on or after January 1, 2014: A.) a positive support transition plan must be developed and implemented within 30 calendar days of service initiation, and B.) any existing plans using emergency or programmatic use of aversive and/or deprivation procedures prohibited under this chapter must be phased out no later than 11 months from the date of the positive support transition plan implementation.

  14. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Required Reporting & Data Collection Behavioral Intervention Reporting Form - A Draft Copy -

  15. Minnesota Statutes, Chapter 245D:Behavioral Safeguards 245D.03 Subd. 3. Variance. …the commissioner may grant a variance to any of the requirements in this chapter, except sections: Service Recipient Rights. -245D.04- Availability of written policies and procedures affecting a person’s rights. -245D.10, subd. 4(b)–

  16. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Protection Standards for Personal Funds and Property. -245D.06, subd.4(b)– Restrictions on Emergency Use of Manual Restraint. -245D.061, subdivision 3– -And- …any provisions that govern data practices and information rights…

  17. Minnesota Statutes, Chapter 245D:Behavioral Safeguards Dean Ritzman 651/431-2444 dean.ritzman@state.mn.us

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