With the implementation of Minnesota law, Chapter 245D in January of 2014, and the positive supports rule Minnesota Rule 9544 in August 2015, all providers must use positive supports in place of restrictive interventions. The law prohibits the use of punitive practices and procedures, such as seclusion and restraint. Legislation allows for an 11-month transition period, if needed, to end prohibited practices.
If you have implemented a positive support transition plan (PSTP) (PDF) and the team does not believe it can phase out a prohibited procedure by the 11-month deadline because of a safety concern, the person’s team may request approval from the commissioner to extend the use of a procedure. More information is available on the Request prohibited procedure extension web page. You may also request approval for the use of a prohibited procedure that is not specifically permitted by Minn. R. 9544.0050, nor specifically prohibited by Minn. R. 9544.0060.