If the program provider determines that an individual's behavior may require the implementation of behavior management techniques involving intrusive interventions or restriction of the individual's rights, the program provider must comply with this section.
  (1) The program provider must:
    (A) obtain an assessment of the individual's needs and current level and severity of the behavior; and
    (B) ensure that a service provider of behavioral support services:
      (i) develops, with input from the individual, legally authorized representative (LAR), program provider, and actively involved persons, a behavior support plan that includes the use of techniques appropriate to the level and severity of the behavior; and
      (ii) considers the effects of the techniques on the individual's physical and psychological well-being in developing the plan.
  (2) The behavior support plan must:
    (A) describe how the behavioral data concerning the behavior is collected and monitored;
    (B) allow for the decrease in the use of the techniques based on the behavioral data; and
    (C) allow for revision of the plan when desired behavior is not shown, or the techniques are not effective.
  (3) Before implementation of the behavior support plan, the program provider must:
    (A) obtain written consent from the individual or LAR to implement the plan;
    (B) provide written notification to the individual or LAR of the right to discontinue implementation of the plan at any time; and
    (C) notify the individual's service coordinator of the plan.
  (4) The program provider must, at least annually:
    (A) review the effectiveness of the techniques and determine whether the behavior support plan needs to be continued; and
    (B) notify the service coordinator if the plan needs to be continued.

Source Note: The provisions of this §565.29 adopted to be effective June 21, 2023, 48 TexReg 3246