Section 78. Behavior Modification Programs

A. “Aversive stimuli”: things or events that a client finds unpleasant or painful that are used to immediately discourage undesired behavior may be used by the facility as a means of behavior modification. B. “Time out”: a procedure designed to improve a client's behavior by removing positive reinforcement when their behavior is undesirable may be used by the facility as a means of behavior modification. C. Behavior modification programs involving the use of aversive stimuli or time out must be: (1) reviewed and approved by the facility's human rights committee and the qualified mental retardation professional; (2) conducted only with the consent of the affected client's parents or legal guardian; (3) described in written plans that are kept on file in the facility; (4) a physical restraint used as a time-out device shall be applied only during behavior modification exercises and only in the presence of the trainer. (5) time-out devices and aversive stimuli may not be used for longer than one hour for time- out purposes involving removal from a situation, and then only during the behavior modification program and only under the supervision of the trainer. [8.371.2.78 NMAC - N, 7/1/2024} 8.371.2 NMAC 21