ARM 37.34.1409. AVERSIVE PROCEDURES: APPROVAL CRITERIA

(1) In general, the following criteria govern the approval of proposed programs incorporating aversive procedures: (a) the proposed individual program plan must meet the minimum requirements specified in these rules; (b) previous attempts to modify the maladaptive target behavior using less restrictive procedures have not proven to be effective, or the situation is so serious that a restrictive procedure is immediately warranted; (c) the proposed procedure is a reasonable response to the person's maladaptive target behavior in that: (i) there is evidence of the use of similar procedures in the current, relevant, published professional literature; (ii) in general, the procedure is constructed in such a way as to be consistent with procedures of the same type as found in the current, relevant, published professional literature; and (iii) the maladaptive target behavior is so serious that the person's interests in receiving services and treatment outweighs the right to the least restrictive training procedures and as a result the procedure is warranted.