(a) Each state MR facility must have and implement written policies and procedures concerning behavior therapy that:      
        (1) do not conflict with this subchapter or 42 CFR §483.450(b), concerning the management of inappropriate behavior;       
        (2) emphasize the department's commitment to:                  (A) providing treatment and habilitation to an individual that is:                      (i) the least restrictive, least intrusive, and most effective alternative available; and                       (ii) supportive and positive; and                     (B) reducing the necessity for the use of highly restrictive procedures or other restrictions of the rights and privileges of an individual in behavior therapy  programs;         
        (3) describe the process to be followed for obtaining, as appropriate, legally adequate consent from an individual, consent from an individual's LAR, or authorization from the head of the state MR facility before implementing a behavior therapy program or a functional analysis that requires a written protocol; and       
        (4) detail the training and demonstration of competence requirements for state MR facility staff.       
      (b) The standards in this subchapter take precedence over other applicable standards, including the Conditions of Participation for Intermediate Care Facilities for Persons with Mental Retardation (42 CFR §§483.410-483.480 et. seq.), whenever the other applicable standards are less  prescriptive.     
     Source Note:        The provisions of this §5.404 adopted to be effective June 23, 2004, 29 TexReg 5939; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841