California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 1 - General Provisions › Section 50801 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions govern the construction of
						sections within this subchapter unless the context requires otherwise:
(a) "Behavior modification" means an
					 occurrence under which any person subjects a client at any time or place to
					 stimuli, events, acts, activities, or responses that are intended to cause that
					 client to change, adapt, or alter the occurrence or performance of his or her
					 behavior, provided that it shall not be construed to prohibit conduct which is
					 otherwise privileged pursuant to the provisions of Section
					 692 through
					 694 of the
					 California Penal Code.
(b)
					 "Behavior Modification Review Committee" means the group of persons within the
					 developmental center or regional center appointed to review and consider for
					 approval or denial behavior modification interventions that cause pain or
					 trauma, in accordance with Article 3. For the purposes of these regulations,
					 the Behavior Modification Review Committee is intended to serve as the Peer
					 Review Committee required in Welfare and Institutions Code, Section
					 4505.
(c) "Behavior Modification Interventions that
					 Cause Pain or Trauma" means every form of behavior modification, as defined in
					 these regulations, that a Behavior Modification Review Committee determines
					 will result in or cause the recipient to experience either pain or trauma as
					 those terms are defined in these regulations.
(d) "Care provider" means any person,
					 corporation, partnership, agency or other entity which directly or indirectly
					 owns, administers, or operates a developmental center, a community care
					 facility as defined in Sections
					 1502
					 and
					 1504
					 of the Health and Safety Code, or a health facility as defined in Section
					 1250
					 of the Health and Safety Code. Unless otherwise stated, this term also includes
					 all agents, employees, and contractors of the care provider involved with or
					 responsible for the provision of care to clients.
(e) "Client" means any person who is eligible
					 for regional center services pursuant to Chapter 3, Subchapter 1 (beginning
					 with Section
					 54000), and who resides in a
					 developmental center, a licensed community care facility, or a licensed health
					 facility, or receives services in a program described in Health and Safety
					 Code, Section
					 1502.
(f) "Consent" means that the client or the
					 client's parent/guardian/conservator has had the proposed procedure explained
					 in terms understandable to the consentor, including prior unsuccessful
					 interventions, the expected side effects and/or risks of the proposed
					 procedure, and the client or the client's parent/guardian/conservator agrees in
					 writing to the procedure. Consent may be withdrawn at any time.
(g) "Department" means the Department of
					 Developmental Services.
(h)
					 "Developmental Center" means a center which is operated by the State and serves
					 persons with developmental disabilities.
(i) "Director" means the Director of the
					 Department of Developmental Services.
(j) "Electroconvulsive Therapy" (ECT) means a
					 treatment procedure for mental disorders in which a convulsive reaction is
					 inducted by passing an electric current through the cerebral cortex by means of
					 electrodes placed bilaterally or unilaterally on the patient's head. ECT is a
					 treatment of last resort.
(k)
					 "Electroconvulsive Therapy (ECT) Review Committee" means the group of persons
					 appointed to review and consider for approval or denial requests to conduct
					 ECT. For the purpose of these regulations the ECT Review Committee is intended
					 to serve as the Peer Review Committee required in Welfare and Institutions
					 Code, Section
					 4505.
(l) "Pain" means a subjectively experienced,
					 substantially unpleasant bodily sensation; it ordinarily results from, or is
					 induced by physiological stimuli which may include, but not be limited to
					 injury, bodily contact, situational stress, heat, cold, noise, physical
					 exertion, or immobilization. Typical observable responses may include, but not
					 be limited to, evasive action, verbal exclamation or protest, escape,
					 resistance, stiffening, grimacing, and reflexive avoidance or fainting. Some
					 individuals may not exhibit any perceivable response.
(m) "Program" means a planned, organized
					 approach to habilitative treatment of clients that is developed and
					 implementated in accordance with the provisions of Article 2 (commencing with
					 Section 4640) of Chapter 5 of Part 2 of
					 Division 4.1 of the Welfare and Institutions Code, or with developmental center
					 procedures subject to approval by the Department.
(n) "Qualified Professional" means a person
					 designated to review proposed treatment plans in accordance with Article 2 of
					 these regulations.
(o) "Regional
					 Center" means a private nonprofit community agency that provides services for
					 persons with developmental disabilities and their families under contract to
					 the Department pursuant to Welfare and Institutions Code, Section
					 4620
					 et seq.
(p) "Trauma" means an
					 occurrence under which the client experiences either:
(1) Tissue damage: or
(2) Severe and long-lasting emotional
					 distress.