Sec. 10.22.10.05. Behavior Plan (BP)

A. A licensee shall ensure that a BP is developed for each individual for whom it is required.

B. The licensee shall ensure the BP:

(1) Is developed, in conjunction with the team, by a licensed psychologist, psychology associate under the supervision of a licensed psychologist, licensed behavior analyst, licensed physician, licensed certified social worker, or licensed or certified professional counselor, who shall have training and experience in applied behavior analysis;

(2) Is based on and includes a functional analysis or assessment of each challenging behavior as identified in the IP;

(3) Specifies the behavioral objectives for the individual, and includes:

(a) A description of the hypothesized function of current behaviors including their frequency and severity; and

(b) Criteria for determining achievement of the objectives established;

(4) Takes into account the medical condition of the individual;

(5) Describes the treatment techniques and when the techniques are to be used;

(6) Specifies the emergency procedures to be implemented for the individual with a history of exhibiting behaviors that present a danger to self or serious bodily harm to others;

(7) Includes a description of the adaptive skills to be learned by the individual that serve as functional alternatives to the challenging behavior or behaviors to be decreased;

(8) Identifies the person or persons responsible for monitoring the BP;

(9) Specifies the data to be collected to assess progress towards meeting the BP's objectives; and

(10) Describes and documents each use of mechanical and physical restraint, the reason for its use, and the length of time used.

C. Before implementation, the licensee shall ensure that each behavior plan which includes the use of restrictive techniques is:

(1) Approved by the standing committee as specified in COMAR 10.22.02.14E(1)(d); and

(2) Includes written informed consent of the:

(a) Individual;

(b) Individual's legal guardian; or

(c) Surrogate decision maker as defined n Health-General Article, §5-605, Annotated Code of Maryland.

D. Before a licensee discontinues a behavior plan, the team and an individual appropriately licensed under Health Occupations Article with training and experience in applied behavior analysis shall recommend that the individual no longer needs a behavior plan.