16 Del. Admin. Code § 3320-1.0
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
"Authorized Representative" means the person, on behalf of a resident without decision-making capacity, who has the highest priority to act for the resident under law, and who has the authority to make decisions on behalf of the resident. The resident's authorized representative could be a person designated by a resident under an advance health-care directive, an agent under a medical durable power of attorney for health-care decisions or financial decisions, a guardian of the person appointed pursuant to 12 Del.C. Chs. 39 and 39A, in accordance with the authority granted by the appointing court, a surrogate appointed under 16 Del.C. Ch. 25, a person designated by a resident pursuant to 16 Del.C. Ch. 94A, or an individual who is otherwise authorized under applicable law to make the decisions on the resident's behalf, if the resident lacks decision-making capacity.
"Behavior Management Committee" or "BMC" means the group that establishes and reviews each resident's Specialized Behavior Support Plan (SBS Plan).
"Chemical Restraint" means the use of any medication that is used for discipline or convenience to effect control over a resident's behavior, and is not required to treat a medical symptom. Chemical restraint is prohibited.
"Department" means the Department of Health and Social Services.
"Director" means the individual employed by the IBSER and responsible for oversight of the Delaware facilities.
"Human Rights Committee" or "HRC" means an advisory group established to monitor the rights and welfare of persons receiving services from an IBSER.
"Incident" means an unexpected and usually unpleasant occurrence that interrupts normal procedure or functioning.
"Intensive Behavioral Support and Educational Residence" or "IBSER" means a residential dwelling for no more than ten residents which provides services to residents 18 years and over with autism and/or intellectual/developmental disabilities and who also have specialized behavioral needs. These homes offer 24 hour supports to residents with intellectual/developmental disabilities with specialized behavioral needs.
"Intervention Tracking Sheet" means a form, approved by the Department, which documents types of physical interventions used when residents are not able to control their own behavior.
"Licensed Independent Practitioner" means a person currently licensed as an advanced practice nurse pursuant to 24 Del.C. Ch. 17 of the Delaware Code, a person currently licensed as a physician's assistant pursuant to 24 Del.C. Ch. 19 of the Delaware Code, or a person currently licensed as a physician pursuant to 24 Del.C. Ch. 19 of the Delaware Code.
"Limited Lay Administration of Medication" means the administration of medication by unlicensed assistive personnel as defined in 24 Del.C. § 1932.
"Physical Intervention" means use of manual holding to suppress challenging behavior. Physical restraint by means of a device is prohibited.
"Reportable Incident" means an occurrence, event or suspicion of same which must be reported immediately to the Director and within 8 hours to the Department. An allegation of abuse must be reported to the Department within 2 hours of the occurrence.
"Resident" means the individual residing in an IBSER.
"Specialized Behavior Support Plan" or "SBS Plan" means a written document which describes the resident's plan of care. The SBS is developed in conjunction with the resident and authorized representative.
"Timeout" means voluntary confinement of the resident in an area removed from other residents.
16 Del. Admin. Code § 3320-1.0