§ 40.1-26-2 - Definitions.
SECTION 40.1-26-2
§ 40.1-26-2 Definitions. – As used in this chapter:
(1) "Advocate" means: (i) a legal guardian; or (ii) anindividual acting on behalf of a person with a developmental disability in amanner clearly consistent with the interests of the person with a developmentaldisability and includes a family member, friend, or professional advocate.Whenever possible an advocate should be selected by the person with adisability.
(2) "Agency" means any person or organization which providesday program services, residential services, support services or advocacyservices for persons with developmental disabilities, and which is licensed bythe department of mental health, retardation, and hospitals pursuant to §40.1-24-1 et seq.
(3) "Applicant" means any person with a developmentaldisability who has applied for services from the division of developmentaldisabilities and/or any agency licensed by the department of mental health,retardation, and hospitals pursuant to § 40.1-24-1 et seq.
(4) "Aversive interventions" means a class of stimuli thatare followed by escape or avoidance response.
(5) "Behavioral Treatment Intervention" means anyintervention or treatment to develop or strengthen adaptive appropriatebehaviors through the application of behavioral interventions and tosimultaneously reduce the frequency of maladaptive or inappropriate behaviors.Behavior interventions encompass interventions, which refer to purposeful,clinical manipulation of behavior.
(6) "Competent" means the ability to understand the likelyrisks and benefits of a procedure or plan when the risks and benefits arepresented to the participant in a manner most likely to be understood by theparticipant in light of his or her cognitive abilities and learning style.
(7) "Department" means the department of mental health,retardation, and hospitals.
(8) "Developmental disability" means a severe chronicdisability which is attributable to a mental or physical impairment orcombination of impairments; is manifested before the person attains agetwenty-two (22); is likely to continue indefinitely; results in substantialfunctional limitations in three (3) or more of the following areas of majorlife activity: self-care, receptive and expressive language, learning,mobility, self-direction, capacity for independent living, economicself-sufficiency; and reflects the person's need for a combination and sequenceof special, interdisciplinary or generic care, treatment, or other serviceswhich are of life long or extended duration and are individually planned andcoordinated.
(9) "Individualized plan" means the personalized documentwhich describes an individualized profile of the participant highlighting hisor her capabilities, preferences and interests. The plan describes specificsupports in the areas of vocational, social, medical, supported living, andrehabilitation required to meet the specific needs of the participant. The planincludes quality indicators that demonstrate the plan has met the expectationsof the participant and the participant is satisfied with the support serviceshe or she is receiving.
(10) "Participant" means any person eighteen (18) years orolder, with a developmental disability who receives services from the divisionof developmental disabilities and/or an agency licensed by the department ofmental health, retardation, and hospitals.
(11) "Relative" means a member of the participant's orapplicant's family who has been actively involved in the participant's orapplicant's life, has an ongoing relationship with the participant orapplicant, and is supportive in a manner clearly consistent with the bestinterests of the participant or applicant.
(12) "Seclusion" means placing a participant alone in alocked room without supervision.
(13) "Serious incidents" means any situation involving aperson with developmental disabilities in which the person:
(i) Has sustained an injury, which requires medical care ortreatment beyond routine first aid;
(ii) Has been missing;
(iii) Has died;
(iv) Has been involved in a criminal act;
(v) Has been subject to a medication error.