Cal. Code Regs. tit. 22 § 85101

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 85101 - Definitions

In addition to the definitions in Sections 80001 and 85001, the following shall apply:

(a) (Reserved)

(b)

(1) "Behavior Management Consultant" means a person who designs and/or implements behavior modification intervention services and meets one of the following requirements:

(A) A Licensed Clinical Social Worker, pursuant to Business and Professions Code Sections 4996- 4998.5.

(B) A Licensed Marriage and Family Therapist, pursuant to Business and Professions Code Sections 4980- 4984.7.

(C) A psychologist, licensed by the Medical Board of California or Psychology Examining Board.

(D) A licensed registered nurse, pursuant to Business and Professions Code Section 2700 and subsequent Sections, possessing a master's degree in psychiatric-mental health nursing and listed as a psychiatric-mental health nurse by the Board of Registered Nursing.

(E) An advanced practice registered nurse, certified as a clinical nurse specialist, pursuant to Business and Professions Code Section 2838 and subsequent Sections, and participating in expert clinical practice in the specialty of psychiatric-mental health nursing.

(F) A Nurse Practitioner, as defined in the Business and Professions Code Section 2834.

(G) A professional with training and expertise in human behavior with California licensure, which permits the design of behavior modification intervention services.

(c)

(1) "Chemical Restraint" means involuntary emergency medication used to control behavior. This includes drugs used for control of inappropriate behavior and used in a manner not required to treat the individual's medical symptoms.

(2) "Clinical and Quality Review" means a review that is strictly objective and based on training and the Plan of Operation.

(3) "Containment" means a brief physical (manual) restraint of a person for the purpose of effectively gaining quick control of a person who is aggressive or agitated or who is a danger to self or others as defined in Section 1180.1(b) of the Health and Safety Code.

(d) (Reserved)

(e)

(1) "Emergency Intervention(s)" means safety measures to prevent imminent risk of serious physical harm to an individual and the methods used to offer immediate, short-term help to clients who experience an event that produces emotional, mental, physical, and behavioral distress or problems that have the potential to result in injury to self or others.

(2) "Emergency Intervention Plan" means a written plan, addressing the prevention of injury and implementation of emergency intervention techniques by the licensee, that is included in the facility's plan of operation as required by Section 85122(a)(1).

(3) "Emergency Intervention Training" means an instructional curriculum provided to facility personnel regarding the techniques that may be used to prevent injury to, and maintain safety for, clients who are a danger to themselves or others, and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraint and seclusion in accordance with Health and Safety Code sections 1180.3(b)(2) and 1567.64.

(f)-(h) (Reserved)

(i)

(1) "Imminent Danger," in this subchapter means behavior that is reasonably certain to cause a substantial risk of death or serious physical injury.

(2) "Individual Emergency Intervention Plan" means a written plan addressing the prevention of injury and implementation of emergency intervention techniques by the licensee that will be used with a specific client, which are in addition to and are not prohibited by, the emergency intervention techniques set forth in the facility Emergency Intervention Plan. The plan shall be developed in consultation with a Qualified Behavior Modification Professional with input from the client and if available, someone whom he or she desires to provide input in accordance with Health and Safety Code section 1180.4(a). The plan shall include client-centered problem solving strategies that diffuse and safely resolve emerging crisis situations and strategies to minimize time spent in seclusion or behavioral restraints.

(j)-(l) (Reserved)

(m)

(1) "Manual Restraint" means the same as "Physical Restraint" which means the use of a manual hold to restrict freedom of movement of all or part of a person's body, or to restrict normal access to the person's body, and that is used as a behavioral restraint on a client who presents an immediate danger to his or her self or to others. Techniques include, but are not limited to, forced escorts; holding; wall restraint; brief prone restraint; or any staff-to-person physical contact in which the person unwillingly participates. This is further defined in Health and Safety Code section 1180.1(d).

(2) "Mechanical Restraint" means the use of a mechanical device, material, or equipment attached or adjacent to the person's body that he or she cannot easily remove and that restricts the freedom of movement of all or part of a person's body or restricts normal access to the person's body, and that is used as a behavioral restraint. Mechanical restraint devices include, but are not limited to, soft cloth ties, handcuffs, restraining sheets, restraining chairs, leather cuffs and belts or any other similar method. This is further defined in Health and Safety Code section 1180.1(c). Mechanical restraint does not include postural supports, as specified in Section 80072(a)(8).

(n)-(p) (Reserved)

(q)

(1) "Qualified Behavior Modification Professional" means an individual with a minimum two years of experience in designing, supervising, and implementing behavior modification services who is one of the following:

(A) An Assistant Behavior Analyst certified by the National Behavior Analyst Certification Board as a Certified Assistant Behavior Analyst;

(B) A Behavior Analyst certified by the National Behavior Analyst Certification Board as a Certified Behavior Analyst;

(C) A Licensed Clinical Social Worker, pursuant to Sections 4996- 4998.5 of the Business and Professions Code;

(D) A Licensed Marriage and Family Therapist, pursuant to Sections 4980- 4984.7 of the Business and Professions Code;

(E) A psychologist, licensed by the Medical Board of California or Psychology Examining Board; or

(F) A licensed professional with California licensure, which permits the design of behavior modification intervention services.

(r) (Reserved)

(s)

(1) "Seclusion" as defined in Health and Safety Code section 1180.1(e).

(2) "Seclusion Room" means a room specifically designated and designed for the involuntary seclusion of a client for a limited period when a client's behavior presents an imminent danger of serious injury to self or others. No person with a developmental disability may be placed in a seclusion room in accordance with Title 17, Section 50515(a).

(3) "Serious Injury" as defined in Health and Safety Code section 1180.1(g).

(t) "Time-Out" means a behavioral management technique involving the client, voluntarily and without force, being separated from the current environment to calm and allow the client to regain self-control.

(u)-(z) (Reserved)

Cal. Code Regs. Tit. 22, § 85101

1. New section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3. Change without regulatory effect renumbering former section 85101 to section 85301 and renumbering former section 85301 to section 85101, including amendment of subsection (e)(2), filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1180, 1180.1, 1180.3, 1180.4, 1180.5, 1501 and 1531, Health and Safety Code. Sections 2700, 2834, 2838, 4980- 4984.7 and 4996- 4998.5, Business and Professions Code; and Section 54342, California Code of Regulations, Title 17.