OAR 411-325-0350
Behavior Supports and Physical Restraints

For the purpose of this rule, a designated person is the person implementing the behavior supports identified in an individual’s Positive Behavior Support Plan.

(1)

BEHAVIOR SUPPORTS. Professional behavior services and behavior supports must be delivered in accordance with OAR 411-323-0060 (Policies and Procedures).

(2)

SAFEGUARDING INTERVENTIONS AND SAFEGUARDING EQUIPMENT.

(a)

A designated person must only utilize a safeguarding intervention or safeguarding equipment when:

(A)

BEHAVIOR. Used to address an individual’s challenging behavior, the safeguarding intervention or safeguarding equipment is included in the individual’s Positive Behavior Support Plan written by a qualified behavior professional as described in OAR 411-304-0150 (Professional Behavior Service Planning) and implemented consistent with the individual’s Positive Behavior Support Plan.

(B)

MEDICAL. Used to address an individual’s medical condition or medical support need, the safeguarding intervention or safeguarding equipment is included in a medical order written by the individual’s licensed health care provider and implemented consistent with the medical order.

(b)

The individual, or as applicable their legal representative, must provide consent for the safeguarding intervention or safeguarding equipment through an individually-based limitation in accordance with OAR 411-325-0430 (Individual Support Plan).

(c)

Prior to utilizing a safeguarding intervention or safeguarding equipment, a designated person must be trained.

(A)

For a safeguarding intervention, the designated person must be trained in intervention techniques using an ODDS-approved behavior intervention curriculum and trained to the individual’s specific needs. Training must be conducted by a person who is appropriately certified in an ODDS-approved behavior intervention curriculum.

(B)

For safeguarding equipment, the designated person must be trained on the use of the identified safeguarding equipment.

(d)

A designated person must not utilize any safeguarding intervention or safeguarding equipment not meeting the standards set forth in this rule even when the use is directed by the individual or their legal or designated representative, regardless of the individual’s age.

(3)

EMERGENCY PHYSICAL RESTRAINTS.

(a)

The use of an emergency physical restraint when not written into a Positive Behavior Support Plan, not authorized in an individual’s ISP, and not consented to by the individual in an individually-based limitation, must only be used when all of the following conditions are met:

(A)

In situations when there is imminent risk of harm to the individual or others or when the individual’s behavior has a probability of leading to engagement with the legal or justice system;

(B)

Only as a measure of last resort; and

(C)

Only for as long as the situation presents imminent danger to the health or safety of the individual or others.

(b)

The use of an emergency physical restraint must not include any of the following characteristics:

(A)

Abusive.

(B)

Aversive.

(C)

Coercive.

(D)

For convenience.

(E)

Disciplinary.

(F)

Demeaning.

(G)

Mechanical.

(H)

Prone or supine restraint.

(I)

Pain compliance.

(J)

Punishment.

(K)

Retaliatory.

Source: Rule 411-325-0350 — Behavior Supports and Physical Restraints, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-325-0350.

411–325–0010
Statement of Purpose 411–325–0020
Definitions and Acronyms 411–325–0025
Program Management 411–325–0030
Issuance of License 411–325–0040
Application for Initial License 411–325–0050
License Expiration, Termination of Operations, License Return 411–325–0060
License Conditions 411–325–0070
License Renewal 411–325–0090
Change of Ownership, Legal Entity, Legal Status, Management Corporation 411–325–0110
Variances 411–325–0120
Medical Services 411–325–0130
Food and Nutrition 411–325–0140
Physical Environment 411–325–0150
General Safety 411–325–0170
Staffing Requirements 411–325–0180
Individual Summary Sheets 411–325–0185
Emergency Information 411–325–0200
Transportation 411–325–0220
Individual Furnishings 411–325–0230
Emergency Plan and Safety Review 411–325–0240
Assessment of Fire Evacuation Assistance 411–325–0250
Fire Drill Requirements and Fire Safety 411–325–0260
Individual Fire Evacuation Safety Plans 411–325–0270
Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals 411–325–0280
Fire Safety Requirements for Homes or Duplexes Serving Five or Fewer Individuals 411–325–0290
Fire Safety Requirements for Apartments Serving Five or Fewer Individuals 411–325–0300
Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings 411–325–0350
Behavior Supports and Physical Restraints 411–325–0360
Psychotropic Medications and Medications for Behavior 411–325–0370
Individuals’ Personal Property 411–325–0380
Handling and Managing Individuals’ Money 411–325–0390
Entry, Exit, Transfer, and Closure 411–325–0410
Community Living Supports 411–325–0430
Individual Support Plan 411–325–0440
Children’s Direct Contracted Services 411–325–0445
Notification of School District - Homes Serving Five or More Children 411–325–0460
Civil Penalties 411–325–0470
License Denial, Suspension, Revocation, Refusal to Renew 411–325–0480
Criminal Penalties 411–325–0490
Provider Eligibility for Medicaid Service Payment
Last Updated

Jun. 8, 2021

Rule 411-325-0350’s source at or​.us