South Carolina Code 44-26-170. Use of certain types of behavior modification
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(A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of:
(1) prior written approval for the technique by the director;
Terms Used In South Carolina Code 44-26-170
- Aversive stimuli: means a clinical procedure which staff apply, contingent upon the exhibition of maladapted behavior, startling, unpleasant, or painful stimuli or stimuli that have a potentially noxious effect. See South Carolina Code 44-26-10
- Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
- Director: means the South Carolina Director of Disabilities and Special Needs. See South Carolina Code 44-26-10
- Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See South Carolina Code 44-26-10
- Interdisciplinary team: means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan. See South Carolina Code 44-26-10
- Planned exclusionary time-out: means the technique of behavior modification in which a client is removed from the immediate environment to a physically safe, lighted, and normal temperature room for a specific period of time not to exceed one hour under the direct continued observation of staff. See South Carolina Code 44-26-10
(2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client’s record;
(3) documentation of less restrictive methods that have failed must be entered into the client’s record.
(B) Seclusion must not be used on clients with intellectual disability.
(C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping.
(D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness.