Section 27B-8-52 – Restriction or suspension of rights only after due process.
27B-8-52. Restriction or suspension of rights only after due process. The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified […]
Section 27B-8-53 – Use of restraints.
27B-8-53. Use of restraints. Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed. Source: SL 2000, ch 131, §98.
Section 27B-8-54 – Behavior intervention programs–Prerequisites to implementation.
27B-8-54. Behavior intervention programs–Prerequisites to implementation. Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life. Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed […]
Section 27B-8-55 – Highly restrictive procedures–Limitations on use.
27B-8-55. Highly restrictive procedures–Limitations on use. The use of any highly restrictive procedures, including restraints and time-out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict the movement or normal functioning of a portion of a […]
Section 27B-8-56 – Time-out rooms.
27B-8-56. Time-out rooms. Time-out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time-out room may be used in an emergency situation. Behavior intervention programs utilizing […]
Section 27B-8-46 – Records confidential–Disclosure.
27B-8-46. Records confidential–Disclosure. All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§27B-8-47 to 27B-8-49, inclusive. Source: SL 2000, ch 131, §91.
Section 27B-8-47 – Disclosure of information to certain persons.
27B-8-47. Disclosure of information to certain persons. If the community service provider or facility and the person with a developmental disability and the person’s parent, if a minor, or the person’s guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or to the person with […]
Section 27B-8-48 – Identity of person to be protected.
27B-8-48. Identity of person to be protected. If information is disclosed, the identity of the person to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. If practicable, no other information may be disclosed unless it is germane to the […]
Section 27B-8-49 – Further disclosure of information.
27B-8-49. Further disclosure of information. Any person receiving information made confidential by §27B-8-47 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was released. Source: SL 2000, ch 131, §94.
Section 27B-8-50 – Aversive behavioral intervention techniques–Findings.
27B-8-50. Aversive behavioral intervention techniques–Findings. The Legislature hereby finds that: (1)Research does not support the long-term efficacy of aversive behavioral intervention; (2)The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment […]