OAR 411-304-0150
Professional Behavior Service Planning

(1) The service planning standards described in this rule apply to all professional behavior services delivered after December 31, 2017.
(2) A behavior professional develops and implements the following:
(a) A TESP as described in section (4) of this rule.
(b) An FBA as described in section (5) of this rule.
(c) A PBSP as described in section (6) of this rule.
(d) Maintenance of the PBSP as described in section (7) of this rule.
(3) A behavior professional must review the documents described in section (2) of this rule with an individual and their case manager and designated person.
(4) TESP.
(a) A behavior professional must deliver a TESP to an individual and their case manager and designated person within 15 days after the behavior professional agrees in writing to deliver professional behavior services, unless otherwise agreed to by the individual or the individual’s legal or designated representative.
(b) The TESP must include all of the following:
(A) An explanation supporting the need for a TESP including, but not limited to, identifying all of the following:
(i) The challenging behavior.
(ii) Environments or environmental factors likely to be associated with, or to trigger, the challenging behavior.
(iii) Conditions that impact an individual’s physical functioning.
(iv) Any known or suspected medical or mental health conditions.
(v) Medical and behavior supports currently being used.
(vi) The ADLs, IADLs, and health-related tasks where assistance and supports are needed.
(vii) The presence of an established individually-based limitation as required by OAR 411-415-0070 (Service Planning).
(B) An expiration date, not to exceed 90 days, and a timeline for completion of the FBA and PBSP. The date may be extended up to an additional 90 days with approval from the individual and the individual’s case manager as described in OAR 411-415-0070 (Service Planning).
(C) The behavior professional’s recommended behavior supports.
(D) Direction for a designated person to notify the individual’s case manager within 24 hours of the occurrence of a challenging behavior resulting in the application of an emergency crisis strategy or any physical restraint.
(5) FBA. A behavior professional must complete an FBA including, but not limited to, all of the following:
(a) A record of interviews, observations, and a file review of relevant, existing, and available behavior data.
(b) Justification of the need to develop behavior supports.
(c) An individual’s preferences for the delivery of behavior supports.
(d) Consideration that the function of a challenging behavior is for one or more of the following reasons:
(A) An effort to communicate.
(B) The result of a medical or mental health condition.
(C) A response to trauma.
(D) An effort to control the environment.
(e) A description of the context in which a challenging behavior occurs, including the situations where the challenging behavior is most likely and least likely to occur.
(f) An assessment of all of the following:
(A) An individual’s behavior in all environments in which the individual commonly engages, or an explanation as to why an assessment is not available for a specific environment.
(B) An individual’s current ability to accomplish ADL, IADL, and health-related tasks that are relevant to the development of the FBA and PBSP.
(C) Communication, assistive devices or technology, safeguarding equipment, environmental modifications, and specialized supports, currently in place.
(g) A summary of other behavior intervention or treatment plans, including any mental health or educational plans, or a statement that no other behavior intervention or treatment plans exist.
(h) A measurable description of each challenging behavior including the duration, frequency, intensity, and severity, or an explanation as to why the data or information is unavailable.
(i) Documentation of an understanding of what the ISP team believes are important challenging behaviors to be addressed.
(j) Factors that may impact the success of the PBSP.
(k) A statement of professional judgment by the behavior professional regarding the underlying cause or the functions of a challenging behavior.
(l) Statement by the behavior professional supporting the need for a PBSP or an explanation as to why a PBSP is not indicated.
(m) Identification of the sources used as references for the FBA.
(6) PBSP.
(a) A behavior professional must develop and write a PBSP based on an FBA. The PBSP must include, at a minimum, all of the following:
(A) A description of the challenging behavior.
(B) A description of the baseline behavior.
(C) The triggers for the challenging behavior.
(D) Behavior supports meant to reduce duration, frequency, intensity, or severity of the challenging behavior.
(E) An individual’s preferences for the delivery of behavior supports.
(F) Established individually-based limitations.
(G) Strategies to help a designated person understand, de-escalate, redirect, or reduce an individual’s challenging behavior including, but not limited to, all of the following:
(i) Proactive strategy.
(ii) Reactive strategy or an explanation when not needed.
(iii) Emergency crisis strategy or an explanation when not needed.
(iv) Recovery strategy or an explanation when not needed.
(H) Evidence the behavior supports address medical, biological, environmental, psychological, social, historical, trauma, and other factors that influence an individual’s behavior.
(I) Person‐centered planning including, at a minimum, identification of all of the following:
(i) The supports available to an individual to support a functional alternative behavior.
(ii) The circumstances that prevent an individual from accomplishing ADLs, IADLs, and health-related tasks.
(J) The behavior data collection system.
(K) Indicators for a review and revision of the PBSP, including who is responsible for the review.
(L) A plan to phase out professional behavior services.
(M) Identification of the sources used as references for the
PBSP.
(b) Behavior supports must be consistent with these rules and positive behavior theory and practice. Behavior supports must include a proactive strategy that achieves all of the following:
(A) Functional alternative behaviors that are safe.
(B) A decrease in challenging behaviors and need for behavior supports.
(C) An increase in autonomy and community participation and inclusion.
(c) Safeguarding interventions may be included when necessary and must adhere to OAR 411-304-0160 (Safeguarding Interventions).
(d) Safeguarding equipment may be included when necessary.
(A) A behavior professional must acknowledge that prior to the use of safeguarding equipment, an individual must have an individually-based limitation for restraint in accordance with OAR 411-415-0070 (Service Planning).
(B) The PBSP may only indicate the use of safeguarding equipment to address a challenging behavior.
(C) The PBSP must document all of the following:
(i) The specific challenging behavior for which the safeguarding equipment is to be used.
(ii) The specific device to be applied.
(iii) Identification of the necessary qualifications or training of the designated person applying the safeguarding equipment.
(iv) Situations for when to employ the use of safeguarding equipment.
(v) The length of time the safeguarding equipment may be applied in any instance.
(e) A behavior professional must --
(A) Review the information outlined in a PBSP with the individual and their legal or designated representative and designated person.
(B) Demonstrate the behavior supports written in a PBSP to the individual and their legal or designated representative and designated person.
(C) Provide initial training to an individual’s designated person on the behavior supports identified in the individual’s PBSP.
(D) With consent from an individual or their legal or designated representative, observe the individual’s designated person implementing the PBSP, or role-playing portions of the PBSP.
(E) Gather feedback from an individual’s designated person to inform modifications to the PBSP prior to finalizing the PBSP.
(7) MAINTENANCE OF THE PBSP. A behavior professional must maintain and update an individual’s PBSP as necessary. Maintenance of the PBSP includes, but is not limited to, providing written documentation of all of the following elements:
(a) Developing, training, implementing, and maintaining a behavior data collection system to be utilized by an individual’s designated person.
(b) Gathering, evaluating, and revising behavior data and data tracking on the effectiveness of the behavior supports outlined in an individual’s PBSP.
(c) Conducting observations, evaluating, and re-evaluating an individual’s response to the behavior supports outlined in their PBSP and delivered by their designated person.
(d) Providing training to an individual’s designated person on any updates made to the PBSP.

Source: Rule 411-304-0150 — Professional Behavior Service Planning, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-304-0150.

Last Updated

Jun. 8, 2021

Rule 411-304-0150’s source at or​.us