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Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 125.102. 7 AAC 125.104. Use of restrictive intervention. (a) A personal care assistant may use restrictive intervention only

(1) as a response when a recipient presents an imminent danger to the recipient’s safety or to the safety of others;

(2) when other types of interventions have been tried, and documented as ineffective for safe management of the recipient’s behavior that requires intervention; and

(3) if the type of intervention is safe, proportionate to the recipient’s behavior, and appropriate to the recipient’s chronological and developmental age, size, gender, and physical, medical, and psychological condition. (b) The personal care services provider shall implement written policies and procedures that address

(1) the use of restrictive intervention in regard to the recipient population served by the provider;

(2) a prohibition on the use of

(A) seclusion as a restrictive intervention;

(B) prone restraint;

(C) chemical restraint;

(3) training in the use of restrictive intervention;

(4) documentation of each event that involves the use of restrictive intervention; and

(5) evaluation of each use of restrictive intervention. (c) The personal care services provider must have on file written verification that each personal care assistant has received training appropriate to the type of restrictive intervention the provider has allowed that personal care assistant to use. (d) A personal care services provider that uses restrictive intervention shall document in the recipient’s record

(1) the date and time;