Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.14 - Positive Behavior Support › Rule 37.34.1404 - POSITIVE BEHAVIOR SUPPORT: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "Advocate" is defined in
				ARM 37.34.102.
(2) "Alternative behavior" means a behavior
				that can, but is not likely to occur at the same time as a challenging
				behavior.
(3) "Challenging
				behavior" means a behavior that presents a risk or potential risk to the health
				or safety of a person or to others.
(4) "Contingent observation" means a method
				of decreasing a challenging behavior by telling the person what they are doing
				wrong and asking the person to not participate in the ongoing activity for a
				short period of time, to be seated nearby, and to observe others engaging in a
				specific appropriate behavior and receiving positive reinforcement for it. The
				person who is observing the behavior may rejoin the activity group when the
				person agrees to behave appropriately. The person's appropriate behavior is
				then reinforced when the person exhibits the appropriate behavior.
(5) "Contingent access to social activities
				and personal possessions including personal funds" means that upon the
				occurrence of a specified challenging behavior, the person's attendance at
				social activities and use of personal possessions including personal funds is
				restricted.
(6) "Corporal
				punishment" means knowingly and purposefully inflicting physical pain on a
				person as a disciplinary measure.
(7) "Educational fine" means a system of
				decreasing challenging behavior based upon a token or point system. A small
				fine is levied contingent upon the occurrence of a challenging behavior. A
				teaching episode must accompany each fine which includes a description of the
				challenging behavior, the amount of the fine, instruction on the appropriate
				forms of behavior, and the opportunity for the person to "earn back" a portion
				of the fine for practicing the appropriate behaviors.
(8) "Exclusion time out" means a method of
				decreasing a challenging behavior by requiring a person to leave an ongoing
				reinforcing situation for a period of time, contingent on the occurrence of
				some previously specified challenging behavior. Unlike contingent observation,
				the person is not instructed to observe the appropriate behavior of
				others.
(9) "Graduated guidance"
				means systematically providing the minimum degree of physical assistance
				necessary to ensure that a desired behavior occurs. Graduated guidance is a
				technique combining physical guidance and fading in which the physical guidance
				is systematically and gradually reduced and faded according to the person's
				responsiveness. Graduated guidance techniques do not include physical restraint
				as a primary component. Graduated guidance is assistive rather than restrictive
				and does not involve forced compliance.
(10) "Mechanical restraint" means a physical
				device used to restrict the person's movement or restrict the normal function
				of the person's body. The definition does not include the following:
(a) physical equipment or orthopedic
				appliances, surgical dressings or bandages, supportive body bands or other
				restraints necessary for medical treatment, routine physical examinations, or
				medical tests;
(b) devices used to
				support functional body position or proper balance; or
(c) equipment used for safety during
				transportation.