(a) The service provider agency must:
  (1) ensure any restriction affecting the designated resident is approved by the SPT and has written consent of the designated resident or LAR before the imposition of the restriction, except when an immediate threat to the designated resident's or another individual's health and safety exists; and
  (2) receive and act on complaints about the service provider agency's own staff members, individual service providers, or volunteers.
(b) When a behavior support plan includes techniques that involve restriction of individual rights or intrusive techniques, the service provider agency must ensure that the implementation of such techniques includes:
  (1) verbal and written notification to the designated resident or LAR of the right to discontinue participation in the behavior support plan at any time;
  (2) assessment of the designated resident's needs and current level or severity of the behavior targeted by the plan;
  (3) use of techniques appropriate to the level or severity of the behavior targeted by the plan;
  (4) a written behavior support plan developed by a qualified individual service provider as described in §368.406(k) of this subchapter (relating to Provider Qualifications) with input from the designated resident, LAR, the designated resident's SPT, and other professional personnel;
  (5) collection and monitoring of behavioral data concerning the targeted behavior;
  (6) allowance for the decrease in the use of intervention techniques based on behavioral data;
  (7) allowance for revision of the behavior support plan when the desired behavior is not displayed or techniques are not effective;
  (8) consideration of the effects of the techniques in relation to the designated resident's physical and psychological well-being; and
  (9) at least annual review by the designated resident's SPT to determine the effectiveness of the services and the need to continue the techniques.
(c) Upon suspicion or notification that a designated resident has been or is being abused, neglected, or exploited, the service provider agency must take necessary actions to secure the safety of the designated resident while the designated resident is in the service provider agency's care, in accordance with §368.405(c) -
(d) of this subchapter (relating to Abuse, Neglect, and Exploitation of a Designated Resident).

Source Note: The provisions of this §368.404 adopted to be effective September 1, 2021, 46 TexReg 4151