New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of this chapter, the following terms shall
				  have the following meanings:
"Assistant Commissioner" means the Assistant Commissioner of
				  the Division of Developmental Disabilities.
"Authorizing personnel" means a person designated by the
				  chief executive officer, regional administrator, or executive director to order
				  or authorize mechanical restraints, who meets or exceeds the requirements of a
				  qualified intellectual disabilities professional, and has completed the
				  training requirements of
				  10:42-3.2.
"Behavior Policy Review Committee" means a group of
				  professionals with clinical expertise in behavior management that are appointed
				  by the Assistant Commissioner to review and approve policy and
				  procedure.
"Behavior support committee" means a group of professionals
				  with clinical expertise within the Division component or provider that reviews
				  behavior support plans and determines whether plans are clinically and
				  technically appropriate. These committees act as an advisory body to the chief
				  executive officer, regional administrator, or executive director.
"Behavior support plan" means a comprehensive,
				  individualized, procedural plan of specific actions to be taken in advance of
				  and/or subsequent to the occurrence of a target behavior, the purpose of which
				  is to modify the frequency, duration, and/or intensity of the target behavior,
				  facilitate alternative positive behaviors, and, as needed, to identify safety
				  mechanisms to be utilized to protect the individual and others from
				  harm.
"Chief executive officer" (CEO) means the person having
				  administrative authority over, and responsibility for, a State-operated
				  developmental center or a private licensed facility for persons with
				  developmental disabilities under N.J.A.C. 10:47.
"Continual observation" means that the person in mechanical
				  restraint can be seen by a staff member who is present in the room at all
				  times.
"Department" means the Department of Human Services.
"Division" means the Division of Developmental
				  Disabilities.
"Emergency procedures" means the brief use of procedures to
				  control severely aggressive or destructive behaviors that place the individual
				  or others in imminent danger or physical harm.
"Executive director" means the individual with administrative
				  authority over a residential program licensed in accordance with N.J.A.C.
				  10:44A, Standards for Community Residences for Individuals with Developmental
				  Disabilities, 10:44C, Standards for Community Residences for Persons with Head
				  Injuries, and 10:47, Standards for Private Licensed Facilities for Persons with
				  Developmental Disabilities; or an agency under contract with or regulated by
				  the Division.
"Highly restrictive mechanical restraint" means a type of
				  mechanical restraint whose use is considered to be intrusive, and can restrict
				  circulation, breathing, or render an individual vulnerable to other persons in
				  the immediate area.
"Human rights committee" (HRC) means a group comprised of
				  professionals, individuals served, advocates, and/or interested individuals
				  from the community at large who function as an advisory body to the chief
				  executive officer, executive director, or regional administrator on issues
				  directly or indirectly affecting the rights of individuals served by the
				  Division, in accordance with N.J.A.C. 10:41A.
"Individual Habilitation Plan" (IHP) (see
				  30:6D-10 et seq.) means a written
				  plan of intervention and action that is developed by the interdisciplinary
				  team. It specifies both the prioritized goals and objectives being pursued by
				  each individual and the steps being taken to achieve them. It may identify a
				  continuum of skill development that outlines progressive steps and the
				  anticipated outcomes of services. The IHP is a single plan that encompasses all
				  relevant components, such as an education plan, a behavior modification plan, a
				  program plan, a rehabilitation plan, a treatment plan and a health care plan.
				  The complexity of the IHP will vary according to the needs, capabilities and
				  desires of the person. In most instances, the IHP shall address all major needs
				  identified. The major needs shall be prioritized. For an individual who makes
				  only specific service requests, the IHP shall be a service plan which addresses
				  only those specific requests.
"Informed consent" means a formal expression, oral or
				  written, of agreement with a proposed course of action by an individual who has
				  the capacity, the information, and the ability to render voluntary agreement on
				  his or her own behalf or by someone with legal authority to act on another's
				  behalf.
"Interdisciplinary Team" (IDT) means an individually
				  constituted group responsible for the development of a single, integrated
				  service plan. The team shall consist of the individual receiving services; the
				  legal guardian, the parents or family member (if the adult desires that the
				  parent or family member be present); those persons who work most directly with
				  the individual served; and professionals and representatives of service areas
				  who are relevant to the identification of the individual's needs and the design
				  and evaluation of programs to meet them.
"Mechanical restraint" means a device utilized by staff to
				  intervene when a behavior will likely endanger the health or safety of the
				  individual or others and less restrictive techniques have proved ineffective or
				  not feasible. The device is attached to or adjacent to an individual's body and
				  restricts partial or total freedom of movement or normal access to portions of
				  the individual's body. The use of totally enclosed beds, papoose boards, and
				  standing boxes shall be prohibited as a mechanical restraint.
"Physical distress" means the individual is exhibiting one or
				  more of the following: difficulty breathing; choking; vomiting; bleeding;
				  fainting; unconsciousness; discoloration; swelling at points of restraint;
				  appearance of pain; cold extremities or similar manifestations.
"Qualified intellectual disabilities professional (QIDP)"
				  means a person who meets no less than the qualifications as required by 42 CFR
				  Subpart I, Section 483.430.
"Qualified mental retardation professional" (QMRP) means a
				  person who has at least one year of experience in working with persons with
				  developmental disabilities and is one of the following:
1. A doctor of medicine or osteopathy;
2. A registered nurse;
3. A professional program staff person who is licensed,
				  certified or registered, as applicable. If the professional program staff do
				  not fall under the jurisdiction of State licensure, certification or
				  registration requirements, he or she shall meet the following
				  qualifications:
i. To be designated as an occupational therapist, an
				  individual shall be eligible for certification as an occupational therapist by
				  the American Occupational Therapy Association or another comparable
				  body;
ii. To be eligible as an occupational therapy assistant, an
				  individual shall be eligible for certification as a certified occupational
				  therapy assistant by the American Occupational Therapy Association or other
				  comparable body;
iii. To be eligible as a physical therapist, the individual
				  shall be eligible for certification as a physical therapist by the American
				  Physical Therapy Association or other comparable body.
iv. To be eligible as a physical therapy assistant, an
				  individual shall be eligible for registration by the American Physical Therapy
				  Association or be a graduate of a two-year college level program approved by
				  the American Physical Therapy Association or other comparable body;
v. To be designated as a psychologist, an individual shall
				  have at least a master's degree in psychology from an accredited school;
vi. To be designated as a social worker, an individual
				  shall:
(1) Hold a graduate degree from a school of social work
				  accredited or approved by the Council on Social Work Education or another
				  comparable body; or
(2) Hold a Bachelor of Social Work degree from a college or
				  university accredited or approved by the Council on Social Work Education or
				  another comparable body;
vii. To be designated as a speech language pathologist or
				  audiologist, an individual shall:
(1) Be eligible for a certificate of clinical competence in
				  speech language pathology or audiology granted by the American Speech Language
				  Hearing Association or other comparable body; or
(2) Meet the educational requirements for certification and
				  be in the process of accumulating the supervised experience required for
				  certification;
viii. To be designated as a professional recreation staff, an
				  individual shall have a bachelor degree in recreation or in a specialty area
				  such as art, dance, music or physical education;
ix. To be designated as a professional dietician or
				  nutritionist, an individual shall be eligible for registration by the American
				  Dietetics Association;
x. To be designated as a human services professional, an
				  individual shall have at least a bachelor degree in a human services field,
				  including, but not limited to, sociology, special education, rehabilitation,
				  counselling or psychology.
"Regional administrator" means the person having
				  administrative authority and responsibility over a region of community
				  services.
"Safeguarding equipment" means devices that restrict movement
				  used to provide support for the achievement of functional body position or
				  proper balance; devices used for specific medical, dental, or surgical
				  treatment; and devices to protect the individual from symptoms of existing
				  medical conditions, including, but not limited to, seizures and ataxia.
"Service plan" means a written, individualized habilitation
				  plan, consistent with the requirements of
				  30:6D-10 through 12, developed by
				  the IDT. It is an outcome-based planning tool that, at a minimum, identifies
				  each individualized program, support, and/or service requested by and provided
				  to the individual, for which the individual demonstrates a need. It identifies
				  the person and/or provider responsible for its implementation. The complexity
				  of the service plan will vary according to the individual's interests,
				  preferences, and needs. The service plan format must be Division
				  approved.
"Unusual incident" means an event involving an individual
				  served by the Division or employee of the Division or an agency under contract
				  with or regulated by the Division, involving indications or allegations of
				  criminal actions, injury, negligence, exploitation, abuse, clinical
				  mismanagement or medical malpractice; a major unforeseen event, for example,
				  serious fire, explosion, power failure, that presents a significant danger to
				  the safety or well being of individuals served and/or employees; or a
				  newsworthy incident. In this chapter, the term "incident" shall refer to an
				  unusual incident.