OAR 411-348-0350
Behavior Supports and Physical Restraints

For the purpose of this rule, a designated person is the person implementing the behavior supports identified in a child’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)

PROFESSIONAL BEHAVIOR SERVICES. Professional behavior services may be provided to a child based on the child’s specific identified need for services to address challenging behavior in accordance with OAR chapter 411, division 304.

(a)

When professional behavior services are provided to a child, a program provider, including the in-residence caregiver and staff, must:

(A)

Coordinate with the behavior professional and the child’s ISP team to ensure the professional behavior services and behavior supports being provided are sufficient to meet the behavioral support needs of the child; and

(B)

Implement the Positive Behavior Support Plan, or appropriate portions therein, as agreed upon by the child’s ISP team.

(b)

A Host Home Program may deliver professional behavior services to a child under the following conditions:

(A)

The Host Home Program must be endorsed to OAR chapter 411, division 304 for professional behavior services in accordance with OAR chapter 411, division 323;

(B)

The behavior professional must meet the qualifications described in OAR 411-304-0170 (Qualifications and Standards for Behavior Professionals);

(C)

The behavior professional must be the choice of the child’s parent or guardian for professional behavior services;

(D)

Professional behavior services are not delivered to children enrolled to receive services in a Host Home for the convenience of the behavior professional or program provider; and

(E)

The Host Home Program meets the requirements as an enrolled Medicaid Provider as described in OAR chapter 411, division 370, and has a separate and distinct Medicaid Provider number for the provision of professional behavior services.

(c)

A Positive Behavior Support Plan must be developed and implemented when Department funds are used for professional behavior services. The provision of professional behavior services must be authorized by a child’s case manager and identified in the child’s ISP.

(3)

SAFEGUARDING INTERVENTIONS AND SAFEGUARDING EQUIPMENT.

(a)

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

(A)

BEHAVIOR. Used to address a child’s challenging behavior, the safeguarding intervention or safeguarding equipment is included in the child’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 child’s Positive Behavior Support Plan.

(B)

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

(b)

The child’s parent or guardian must provide consent for the safeguarding intervention or safeguarding equipment through an individually-based limitation in accordance with OAR 411-348-0430 (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 child’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 child or the child’s parent or guardian, regardless of the child’s age.

(4)

EMERGENCY PHYSICAL RESTRAINTS.

(a)

The use of an emergency physical restraint when not written into a Positive Behavior Support Plan, not authorized in a child’s ISP, or not consented to by the child’s parent or guardian 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 child or others or when the child’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 child 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 411-348-0350 — Behavior Supports and Physical Restraints, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-348-0350.

411–348–0010
Statement of Purpose 411–348–0020
Definitions and Acronyms 411–348–0025
Program Management, Endorsement, Certification, and Enrollment 411–348–0030
Issuance of License 411–348–0040
Application for Initial License 411–348–0045
In-Residence Caregiver Applicant Study 411–348–0050
License Expiration, Termination of Operations, and License Return 411–348–0060
License Conditions 411–348–0070
License Renewal 411–348–0090
Change of Ownership, Legal Entity, Legal Status, Management Corporation, and In-Residence Caregiver 411–348–0100
Capacity 411–348–0110
Variances 411–348–0120
Medical Services 411–348–0130
Food and Nutrition 411–348–0140
Physical Environment 411–348–0150
General Safety 411–348–0170
Staffing Requirements 411–348–0180
Individual Summary Sheets 411–348–0185
Emergency Information 411–348–0200
Transportation 411–348–0210
Transition Planning and Supporting Families 411–348–0220
Required Furnishings 411–348–0230
Emergency Plan and Safety Review 411–348–0240
Assessment of Fire Evacuation Assistance and Fire Safety Evacuation Plan 411–348–0250
Fire Drill Requirements and Fire Safety 411–348–0260
Fire Safety Evacuation Plans 411–348–0280
Fire Safety Requirements 411–348–0300
Rights, Complaints, Notification of Planned Action, and Hearings 411–348–0350
Behavior Supports and Physical Restraints 411–348–0360
Psychotropic Medications and Medication for Behavior 411–348–0370
Personal Property 411–348–0380
Financial Records and Managing Money 411–348–0390
Entry, Exit, Transfer, and Closure 411–348–0410
Alternative Care, Childcare, Camp, and Alternate Caregivers 411–348–0430
Individual Support Plan 411–348–0460
Civil Penalties 411–348–0470
License Denial, Suspension, Revocation, and Refusal to Renew 411–348–0480
Criminal Penalties 411–348–0490
Provider Eligibility for Medicaid Service Payment
Last Updated

Jun. 8, 2021

Rule 411-348-0350’s source at or​.us