Sec. 10.22.10.06. Use of Restrictive Techniques

A. The licensee shall ensure that the use of restrictive techniques in any BP:

(1) Represents the least restrictive, effective alternative, or the lowest effective dose of a medication; and

(2) Is only implemented after other methods have been:

(a) Systematically tried, and

(b) Objectively determined to be ineffective.

B. The licensee shall collect and present objective data to the authorizing licensed health care practitioner to indicate whether the restrictive technique being used is effective in reducing the individual's challenging behavior.

C. The licensee shall:

(1) Convene the team within 5 calendar days after an emergency use of a restrictive technique to review the situation and action taken;

(2) Determine subsequent action include whether the development or modification of a BP is necessary; and

(3) Document that the requirements of this regulation have been met.

D. The licensee shall ensure that staff do not use:

(1) Any method or technique prohibited by law, including aversive techniques;

(2) Any method or technique which deprives an individual of any basic right specified in Health-General Article, §§7-1002-7-1004, Annotated Code of Maryland, except as permitted in COMAR 10.22.04.03A;

(3) Seclusion;

(4) A room from which egress is prevented; or

(5) A program which results in a nutritionally inadequate diet.

E. Staff may not use a restrictive technique:

(1) As a substitute for a treatment plan;

(2) As punishment; or

(3) For convenience.