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Licensing Regulations
17a-227-15:  Special Protections
(a) Human Rights

Policies and procedures shall be in place which:

(1) ensure that each individual, parent, legal guardian or advocate is fully informed of the individual's rights and of all rules and regulations governing individual conduct and responsibilities;

(2) assure confidential treatment of all information concerning individuals;

(3) provide for the safekeeping and accountability of individual's personal property;

(4) comply with Sec. 17a-238 CGS and the regulations promulgated thereunder, concerning the rights of individuals under the supervision of the commissioner of developmental services and which:

(A) prohibits mistreatment, neglect or abuse of individuals;

(B) includes a system for reporting alleged violations, carrying out investigations in accordance with Sections 17a-101, 17a-430 and 46a-11 CGS, and instituting appropriate sanctions if the allegation is substantiated;

(C) are formulated with individual participation where appropriate; and

(D) ensure that all incidents, injuries, restraints, serious accidents and deaths are reported in a timely fashion.

(b) Behavioral Procedures

(1) Medications, restraints and other aversive procedures shall not be used as punishment, or in quantities which interfere with an individual's program.

(2) The administrator shall ensure that behavior modifying medications are prescribed and administered in accordance with Sec. 20-14h to 20-14j, inclusive, CGS and the regulations promulgated thereunder.

(3) Each residence shall have policies and procedures which:

(A) define the use of behavior management techniques, behavior modifying medications, restraints and aversive procedures;

(B) ensure that teaching strategies and behavior management techniques which include the use of aversive procedures and/or restraint are developed, reviewed and approved by program review and human rights committees and the appropriate regional director;

(C) ensure personnel use only the minimum force necessary to protect the individual and release the individual from restraint as soon as he no longer presents a danger to himself or others;

(D) identify authorization procedures necessary for utilization of a restraint measure;

(E) describe the circumstances under which restraints may be used and the type, both physical and mechanical, to be used;

(F) delineate helmets used as protection against injuries resulting from falls due to seizures as protective devices not as restraints;

(G) ensure that physical restraint shall be employed only when absolutely necessary to protect the individual from injury to himself or others;

(H) ensure that mechanical restraints shall be designed and used so as to cause the least possible discomfort;

(I) ensure that an individual placed in restraint shall be checked at least every thirty minutes by appropriately trained staff and that a record of such checks shall be kept; and

(J) ensure an opportunity for motion and exercise for a period of not less than ten minutes after each one hour for which the restraint is employed.

(4) During the use of physical isolation, where an individual is separated from others by placement in any area or room alone, the use of a locked door is prohibited.

(5) Under emergency conditions, the licensee shall assure that, to the extent reasonably possible, the individual who experiences a behavioral emergency will be managed utilizing approved behavioral techniques. Prior to resorting to police intervention, hospital emergency room admission or admission to a mental health facility, the licensee shall notify the department of the action. In an acute behavioral emergency, the notification procedure may occur as soon as possible after the incident.

(6) The use of a specifically designed room for physical isolation by an licensee shall be prohibited as of July 1, 1992.

(Effective October 1, 1992)