S.D. Admin. R. 46:17:01:01 - Definitions

Terms used in this article mean:

(1) "Active treatment," the implementation of a program of specialized and generic training, treatment, health services, and related services that lead to the acquisition of the behaviors necessary for the person supported to function with as much self-determination and independence as possible and to prevent regression or loss of current optimal functional status;

(2) "Behavior treatment plan," a written set of instructions for changing the behavior of the person supported;

(3) "Department," the Department of Human Services;

(4) "Developmental disability," as defined in SDCL 27B-1-18;

(5) "Division," the Division of Developmental Disabilities, a division of the Department of Human Services;

(6) "Highly restrictive procedures," physical restraint, psychotropic medications, time-out rooms, or other procedures with similar degrees of restriction or intrusion;

(7) "ICF/IID," intermediate care facility for individuals with intellectual disabilities;

(8) "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion, after explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

(9) "ISP," individual support plan. A planning document written in measurable outcomes detailing how an ICF/IID will provide or access needed supports for the person;

(10) "Person" or "person supported," an individual residing at an ICF/IID who is receiving services;

(11) "Physical restraints," any technique which restricts the free movement of, or normal functioning of, a portion or portions of a person's body and is not used for the purpose of achieving proper body position, balance, or alignment;

(12) "Positive behavioral supports," procedures that do not infringe on the rights of the person supported;

(13) "QDDP," a qualified developmental disability professional. A person who has at least one year experience working with individuals with developmental disabilities or intellectual disabilities and is one of the following: a doctor of medicine or osteopathy, a registered nurse, or an individual who holds at least a bachelor's degree in a professional category specified within 42 C.F.R. § 483.430;

(14) "Restoration plan," a statement, written in clear, observable measures, developed by the interdisciplinary team to address how any rights limitation placed on the person supported will be lifted;

(15) "Time-out room," an enclosed area in which the person supported is placed contingent upon the exhibition of a maladaptive behavior, in which reinforcement is not available and from which egress is denied.

Notes

S.D. Admin. R. 46:17:01:01

26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; 37 SDR 69, effective October 18, 2010; 40 SDR 122, effective January 8, 2014.

General Authority: SDCL 27B-2-26.

Law Implemented: SDCL 27B-2-26, 42 C.F.R. § 483.410 (October 1, 2002).