53-20-216. Crisis response services -- department and provider responsibilities. (1) (a) The department shall establish crisis response services to help individuals with developmental disabilities minimize or avoid instances of crisis. The services must assist providers and families in preventing, deescalating, and intervening in instances in which individuals with developmental disabilities are likely to go into crisis.

(b) For the purposes of this section, "crisis" means an instance in which an individual is upset, afraid, confused, or otherwise experiencing emotional or physical disequilibrium, which negatively affects the individual's actions and places the individual at risk of incarceration, hospitalization, civil commitment, or loss of the individual's placement in community services.

(2) The crisis response services must consist of three different levels of prevention, intervention, and crisis support services:

(a) a preventive level of response that involves training providers and families in identifying and preventing crisis and in responding to a crisis in its initial stages before the crisis escalates to require a higher level of intervention;

(b) an intermediate level of response that involves providing direct professional staff support to an individual in the individual's current community placement when the individual is in or is approaching crisis; and

(c) an advanced level of response that involves qualified providers providing support services to an individual approaching or in crisis outside of the individual's current community placement. A provider offering crisis support services at this level must receive an enhanced reimbursement rate that reflects the higher level of support being provided to the individual in crisis.

(3) (a) To access crisis response services, providers shall:

(i) contact the department for assistance when an individual with developmental disabilities is in or is approaching crisis; and

(ii) implement the suggestions made for crisis response.

(b) If the individual needs the highest level of response, the department shall find an appropriate placement for the individual if the provider is unable to offer the level of response needed to mitigate the crisis and maintain the individual in the current placement.

(4) (a) A person offering training in crisis response or providing direct crisis response services must:

(i) be licensed in the practice of applied behavior analysis pursuant to Title 37, chapter 17; and

(ii) meet other requirements established by the department by rule.

(b) If a team of individuals is offering training under this section, at least one member of the team must meet the licensure requirements of Title 37, chapter 17.

(5) The department may not provide the training or direct services described under this section and shall contract with one or more private entities for the services.

(6) In developing and carrying out crisis response services, the department shall consult with and include other entities that respond to crisis situations involving individuals with developmental disabilities, including but not limited to law enforcement agencies, hospitals, and mental health providers.