(1) All providers and facilities that use reactive strategies must utilize an emergency procedure training curriculum approved by the Agency, and require all staff utilizing reactive strategies to be trained in that curriculum.
    (2) The training curriculum must meet the following minimum requirements for approval:
    (a) It has a history of applied use to persons with developmental disabilities;
    (b) It includes an ongoing training program;
    (c) It requires certification of the persons administering the curriculum training;
    (d) It provides for periodic review of both trainer and participant competency;
    (e) It does not include reactive strategy procedures prohibited by this rule chapter or any other Florida law or rule;
    (f) It requires at least twelve direct training hours;
    (g) It includes non-physical crisis intervention techniques;
    (h) The curriculum incorporates training in the provisions of this rule chapter;
    (i) It provides for supervised practice and performance-based competency evaluation, including a written test with a minimum passing achievement score of 80%;
    (j) It includes training in criteria for use of reactive strategies, and methods for reducing physical interventions;
    (k) It incorporates quality assurance and safety measures as well as incident data collection and review;
    (l) It provides participants with a certificate displaying the name of the curriculum, the name of the trainer, the date(s) of training; and the date of certificate expiration;
    (m) The curriculum includes instruction in reactive strategy precautions and potential hazards; and,
    (n) It includes a “”release”” criterion (e.g., a stated period of calm behavior) that is of short duration and that is client-driven or initiated.
    (3) Staff must be certified through an Agency-approved emergency procedure curriculum before being authorized or permitted to administer a reactive strategy technique. Providers and facilities must maintain copies of all staff training certificates and make the certificates available to the Agency upon request.
    (4) Training certification is valid for one year. Before the certificate expires, staff must undertake a full training curriculum to obtain new certification.
    (5) In order to obtain Agency approval for a proposed curriculum, the provider must submit a copy of the curriculum materials and an “”Emergency Procedure Training Curriculum Application,”” APD Form 65G8-001 (August 2008), incorporated herein by reference. A copy of the form may be obtained by writing or calling the Agency for Persons with Disabilities, at 4030 Esplanade Way, Suite 380, Tallahassee, FL 32399-0950; main telephone number (850)488-4527.
    (6) The Agency’s Senior Behavior Analyst will refer the proposed curriculum to a multidisciplinary committee or a Peer Review Committee as defined in Fl. Admin. Code R. 65G-4.008, for additional review and comment.
    (7) The Senior Behavior Analyst’s review of a proposed emergency procedure curriculum must include:
    (a) Verification of the curriculum’s compliance with the minimum criteria established in this rule chapter;
    (b) Direct observation of the reactive strategy techniques incorporated in the curriculum;
    (c) Review of available data related to implementation of the curriculum; and
    (d) Committee recommendations to the Senior Behavior Analyst for either accepting or rejecting the proposed curriculum.
    (8) Following review, the Senior Behavior Analyst will make a final determination to either accept or reject the proposed curriculum and provide notification of the determination in writing, stating the reasons for rejection. If the proposed curriculum is rejected, it may be resubmitted with appropriate modifications to meet minimum requirements provided by this rule chapter.
    (9) No changes to approved curriculum materials or procedures may be incorporated until the curriculum, along with the proposed changes, is resubmitted to the Agency and approved.
    (10) The Agency may deny or withdraw approval for any of the following acts or omissions:
    (a) Obtaining or attempting to obtain course approval through fraud, false statements, deceit, or misrepresentation of material facts, whether those representations or statements are made knowingly or negligently;
    (b) Failure to provide complete and accurate information in the initial application for approval or in any notification for a change in information;
    (c) Failure to notify the Agency within six weeks of a change in the information required for course approval; and,
    (d) Failure to maintain the curriculum format and content as approved by the Agency.
Rulemaking Authority 393.501, 393.13(4)(h)2., 916.1093(2) FS. Law Implemented 393.13(4)(h), 916.1093(2) FS. History-New 8-7-08.