OAR 411-304-0140: Professional Behavior Services and Limitations

(1) PROFESSIONAL BEHAVIOR SERVICES. (a) Professional behavior services include: (A) Gathering and analyzing data and information for the development of the TESP, FBA, and PBSP. (B) Creating the TESP, FBA, and PBSP. (C) Orientation for an individual on the findings of the FBA and behavior supports included in the individual's TESP and PBSP. (D) Initial training to an individual's designated person on the findings of the FBA and behavior supports included in the individual's TESP and PBSP. (E) Analyzing and updating the behavior supports developed as part of a PBSP. (F) Modifying and revising a PBSP, as needed, including when determined necessary by an individual's ISP team. (G) Maintenance of the PBSP. (b) Professional behavior services must be authorized in an individual’s ISP consistent with OAR 411-415-0070. (2) TELECOMMUNICATIONS TECHNOLOGY. Professional behavior services may be delivered using secure, two-way, real time interactive telecommunications technology when all of the following conditions are met: (a) An individual or their legal or designated representative approves the use of telecommunications technology and the approval is documented in the individual's ISP or Annual Plan. An individual or their legal or designated representative may revoke their permission to use telecommunications technology at any time. (b) An individual must be provided appropriate support to access telecommunications technology. (c) An individual must be provided the opportunity for in-person services in lieu of services performed through telecommunications technology. (3) LIMITATIONS. (a) Professional behavior services and behavior supports must not include any of the following characteristics: (A) Abusive. (B) Aversive. (C) Coercive. (D) For convenience. (E) Disciplinary. (F) Demeaning. (G) Pain compliance. (H) Punishment. (I) Retaliatory. (b) Professional behavior services do not include any of the following: (A) Assessing and identifying behavior supports solely to meet the needs of an individual at school and educational services for school-age individuals, such as consultation and training classroom staff. (B) Community living supports as described in OAR chapter 411, division 450. (C) Dance or movement therapy. (D) Family therapy or sibling interaction counseling. (E) Hippotherapy (equine therapy). (F) Rehabilitation or treatment of mental health conditions, such as therapy or counseling. (G) Money or resource management. (H) Music therapy. (I) General parent education or parenting classes. (J) Services or supports available under Medicaid Title XIX, private insurance, or alternative resources. (K) Sex offender treatment. (L) Speech and language pathology. (M) Modifications to a medical order directing the use of safeguarding equipment or a safeguarding intervention. (N) Communication or activities not directly related to the development, implementation, or maintenance of an individual's PBSP. (O) Vocational rehabilitation services. (c) Professional behavior services may not be provided when Department-funded services are suspended or where delivery of services is prohibited including, but not limited to, any of the following settings: (A) Jail or juvenile or adult correctional facility. (B) Medical or psychiatric hospital. (C) Nursing facility. (D) Education related settings where special education and related services are available to an individual through a local educational agency. (E) Sub-acute facility. (d) The amount of professional behavior services an individual may receive are established in the Expenditure Guidelines. The Department shall consider a request to exceed the amount if an individual is unable to have their support needs related to ADL, IADL, and health-related tasks met because of one of the following: (A) The individual requires behavior supports to address their challenging behaviors in multiple service settings. (B) The individual exhibits exceptionally complex behavior that actively poses a health and safety threat to self or others. (C) Translation or interpretation services are required to overcome a language barrier between the individual and their behavior professional. (D) The individual currently exhibits fluctuating challenging behaviors or has a relevant history of frequently changing challenging behaviors. (E) The designated person delivering supports to the individual changes frequently. (F) The individual resides or receives services in a frequently changing or unstable environment. (G) Other circumstances are present that the Department determines require additional support.