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 - Minnesota Statutes, Chapter 245D is effective January 1, Within 24 months, DHS shall adopt any needed supporting rules to govern 245D: positive support strategies; safety interventions; and emergency use of manual restraint. 2 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 245D.04 SERVICE RECIPIENT RIGHTS. Subd. 3. Protection-related rights. (4) be free from restraint, time out, or seclusion …. except for emergency use of manual restraint to protect the person from imminent danger to self or others … 3 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Emergency manual restraint means: - closely monitored use of manual restraint or physical holding on a person to protect the person or others from imminent risk of physical harm; - physical holds/manual restraints are the least restrictive interventions to eliminate the immediate risk of physical harm and to effectively achieve safety; - property damage, verbal aggression, refusal to receive treatment or training do not constitute an emergency. 4 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Emergency use of manual restraint must not: - constitute maltreatment; - violate a person's rights and protections; - be used as an aversive and/or depriving punishment consequence; - use prone restraint or placing a person in a permanent face-down position; and - apply chest, abdomen and/or back pressure that restricts breathing and heart functioning. 5 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 245D.06 PROTECTION STANDARDS. Subd. 5. Prohibited procedures. Behavioral interventions used as aversive and/or deprivation procedures to reduce or eliminate behavior as a punishment, including: 6 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 - MANUAL RESTRAINTS // PHYSICAL HOLDING - MECHANICAL RESTRAINTS // DEVICES THAT CONSTRAIN THE PERSON - TIME-OUT FROM ACTIVITIES // REMOVAL FROM ONGOING PARTICIPATION - ROOM TIME-OUT // SECLUSION ROOM ISOLATION - *AVERSIVE & DEPRIVING PENALTY CONSEQUENCES (*LOSS OF TOKENS, POINTS, LEVELS, ITEMS, PRIVILEGES, PARTICIPATION, MONEY OR AN IMPOSED REQUIREMENT TO FIX//REPLACE PROPERTY DAMAGES, ETC.) 7 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 245D.06 PROTECTION STANDARDS. Subd. 7. Permitted actions and procedures. - must be addressed in a person's coordinated service and support plan; - must use the least restrictive alternatives possible to meet the needs of the person; - techniques and methods may include: 8 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 - physical holding to calm or comfort with no resistance from the person; - protections for a person at risk of injury or frequent falls due to a diagnosed medical condition; - physical contact to prompt or facilitate the completion of a task or response when the person does not resist or the person's resistance is minimal in intensity and duration; 9 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 - Without physical holding - briefly blocking or redirecting a person's limbs or body to interrupt behavior that would result in injury to self or others. - Restraint for - medical examinations and treatments; - assisting safe evacuation; - redirection away from harm; - positioning a person with physical disabilities in a prescribed manner as specified in the coordinated service and support plan; - applying adaptive, orthotic, or medical aids and equipment to treat a diagnosed medical condition. 10 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Minnesota Statutes, Chapter 245D and any needed governing rules will supersede Minnesota Rules, parts to (aka MN Rule # 40). 11 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Timelines 12 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 1.) For persons receiving services from a license holder before January 1, 2014: A.) a positive support transition plan must be developed and implemented by February 1, 2014, and B.) existing plans using emergency or programmatic use of aversive and/or deprivation procedures prohibited under this chapter must be phased out no later than December 31, Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 2.) For persons admitted to receiving services from the licensed service provider on or after January 1, 2014: A.) a positive support transition plan must be developed and implemented within 30 calendar days of service initiation, and B.) any existing plans using emergency or programmatic use of aversive and/or deprivation procedures prohibited under this chapter must be phased out no later than 11 months from the date of the positive support transition plan implementation. 14 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Required Reporting & Data Collection Behavioral Intervention Reporting Form - A Draft Copy - 15 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 245D.03 Subd. 3. Variance. …the commissioner may grant a variance to any of the requirements in this chapter, except sections: Service Recipient Rights. -245D.04- Availability of written policies and procedures affecting a person’s rights. -245D.10, subd. 4(b)– 16 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Protection Standards for Personal Funds and Property. -245D.06, subd.4(b)– Restrictions on Emergency Use of Manual Restraint. -245D.061, subdivision 3– -And- …any provisions that govern data practices and information rights… 17 Minnesota Statutes, Chapter 245D: Behavioral Safeguards

 Dean Ritzman 651/ Minnesota Statutes, Chapter 245D: Behavioral Safeguards