Minnesota Administrative Rules

9544.0030 POSITIVE SUPPORT STRATEGIES AND PERSON-CENTERED PLANNING.

Subpart 1.

Positive support strategies required.

The license holder must use positive support strategies in providing services to a person. These positive support strategies must be incorporated in writing to an existing treatment, service, or other individual plan required of the license holder. At least every six months, the license holder must evaluate with the person whether the identified positive support strategies currently meet the standards in subpart 2. Based upon the results of the evaluation, the license holder must determine whether changes are needed in the positive support strategies used, and, if so, make appropriate changes.

Subp. 2.

Positive support strategy standards.

To develop and implement positive support strategies, the license holder must:

A.

assess the person's strengths, needs, and preferences to identify and create a positive support strategy;

B.

select positive support strategies that:

(1)

are evidence-based;

(2)

are person-centered;

(3)

are ethical;

(4)

integrate the person in the community;

(5)

are the least restrictive to the person; and

(6)

are effective;

C.

use person-centered planning in accordance with Minnesota Statutes, section 245D.07, subdivision 1a, paragraph (b), clause (1);

D.

promote the person's self-determination in accordance with Minnesota Statutes, section 245D.07, subdivision 1a, paragraph (b), clause (2);

E.

provide the most integrated setting and inclusive service delivery for the person in accordance with Minnesota Statutes, section 245D.07, subdivision 1a, paragraph (b), clause (3);

F.

create a desirable quality of life for the person through inclusive, supportive, and therapeutic environments; and

G.

use person-centered planning regarding the most integrated setting. The person-centered planning must:

(1)

include life planning with the person placed at the center of the planning process and the person's preferences and choices reflected in the selection of services and supports;

(2)

involve the person directly with the person's community, network of connections, and close personal relationships that build on the person's capacity to engage in activities and promote community life; and

(3)

identify goals to support the person in the most integrated setting.

Subp. 3.

Person-centered principles.

The license holder must incorporate principles of person-centeredness in services it provides to a person. At least every six months, the license holder must evaluate with the person whether the services support the person's individual preferences, daily needs and activities, and the accomplishment of the person's goals in accordance with Minnesota Statutes, section 245D.07, subdivision 1a, paragraph (b), and whether the person-centered planning process complies with Code of Federal Regulations, title 42, section 441.725, paragraph (a)(1)-(4). Based upon the results of the evaluation, the license holder must determine whether changes are needed to enhance person-centeredness for the person, and, if so, make appropriate changes.

Subp. 4.

Professional standards for positive support strategies.

The license holder must use professional standards for positive support strategies that are fully consistent with this chapter. Examples of professional standards that a license holder may use as a resource to develop positive support strategies are stated in items A to F. When relying on one of the following professional standards, the license holder must use the most recently updated version of those standards:

A.

the Association for Positive Behavior Support Standards of Practice;

B.

the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) National Registry of Evidence-Based Programs and Practices;

C.

SAMHSA Roadmap to Seclusion and Restraint Free Mental Health Services;

D.

the Behavior Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts;

E.

the NADD Competency-Based Clinical Certification Program Competency Standard 1: Positive Behavior Support and Effective Environments; or

F.

other standards approved by the commissioner that:

(1)

have been peer-reviewed;

(2)

are widely accepted as authoritative; and

(3)

reflect current best practices.

Statutory Authority:

MS s 245.8251

History:

40 SR 179

Published Electronically:

August 31, 2015