Section 0940-05-01-.03 - DEFINITION OF TERMS USED IN MENTAL RETARDATION RULESAs used in Chapters 0940-05-20 through 0940-05-28 of these rules, unless the context indicates otherwise, terms have the following meaning:
(1) Adaptive Behavior- The effectiveness or degree with which an individual meets the standard of personal independence, maturation, learning, and social responsibility expected for his age and cultural group.(2) Aversive Stimuli - Painful or noxious stimuli, which are employed to reduce the frequency of or to eliminate problem behaviors.(3) Behavior-Management Drugs - A drug or medication used for the purpose of modifying, limiting, or eliminating problem behaviors. Included are the major and minor tranquilizers and antidepressants. Excluded are drugs that may have behavior-modifying effects but that are not prescribed or administered for that purpose, such as anticonvulsants.(4) Direct-Services Staff - Home or cottage managers and aides, developmental technicians, or persons in other similar categories having face-to-face contact with service recipients, but excluding administrators, bookkeepers, accountants, secretaries, typists, clerks, or other clerical personnel, doctors, nurses, psychologists, speech and hearing therapists, pharmacy and other professional support personnel, maintenance, groundskeepers, cooks, bus drivers, or other personnel, teachers, trainers, social workers, and other professional personnel unless such personnel are under specific assignment to direct services staff duties and then only for that amount of time devoted to direct services staff duties.(5) Emergency Procedures - Refers to the use of procedures necessary to control severely aggressive or destructive behaviors that could not have been anticipated and that place the individual or others in imminent danger.(6) Human Rights Committee - A designated group of people which consists of at least three (3) members, one of whom must be independent of the facility. The committee's function is to review facility activities to ensure that service recipient rights are not neglected or abused. Such reviews should include, but should not be limited to, behavior management programs.(7) Mental Retardation Specialist - A person with a bachelor's degree in a field related to developmental disabilities or a person with a bachelor's degree and two (2) years of supervised work in mental retardation.(8) Restraint - Any of the following:(a) Chemical Restraint - A chemical substance for the control of problem behaviors which, when administered in a given dosage, results in a decrease or the elimination of the individual's capability for self-preservation.(b) Mechanical Restraint - A mechanical device which restricts the movement of an individual or the movement or normal function of a portion of an individual's body for the purpose of behavior control.(c) Personal Restraint/Physical Holding - The use of body contact by staff to control a service recipient's problem behavior.(9) Restrictive Behavior Management - A procedure that limits the rights of the individual for the purpose of controlling or modifying problem behaviors and seeks to replace them with behaviors that are adaptive and appropriate.(10) Restraint Room - A room or enclosed area in which the individual is placed contingent upon the exhibition of a problem behavior in which reinforcement is not available and from which egress is denied until appropriate behavior is exhibited.Tenn. Comp. R. & Regs. 0940-05-01-.03
Original rule filed November 6, 1978; effective January 1, 1979. Amendment filed May 22, 1979; effective July 10, 1979. Amendment filed November 30, 1983; effective December 30, 1983. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Repeal and new rule filed June 29, 2004; effective September 12, 2004.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-101, 33-1-302, 33-1-305, 33-1-309, 33-2-301, and 33-2-302.