Section 50801 - DefinitionsThe following definitions govern the construction of sections within this subchapter unless the context requires otherwise:
(a) "Behavior modification" means an occurrence under which any person subjects a client at any time or place to stimuli, events, acts, activities, or responses that are intended to cause that client to change, adapt, or alter the occurrence or performance of his or her behavior, provided that it shall not be construed to prohibit conduct which is otherwise privileged pursuant to the provisions of Section 692 through 694 of the California Penal Code.(b) "Behavior Modification Review Committee" means the group of persons within the developmental center or regional center appointed to review and consider for approval or denial behavior modification interventions that cause pain or trauma, in accordance with Article 3. For the purposes of these regulations, the Behavior Modification Review Committee is intended to serve as the Peer Review Committee required in Welfare and Institutions Code, Section 4505.(c) "Behavior Modification Interventions that Cause Pain or Trauma" means every form of behavior modification, as defined in these regulations, that a Behavior Modification Review Committee determines will result in or cause the recipient to experience either pain or trauma as those terms are defined in these regulations.(d) "Care provider" means any person, corporation, partnership, agency or other entity which directly or indirectly owns, administers, or operates a developmental center, a community care facility as defined in Sections 1502 and 1504 of the Health and Safety Code, or a health facility as defined in Section 1250 of the Health and Safety Code. Unless otherwise stated, this term also includes all agents, employees, and contractors of the care provider involved with or responsible for the provision of care to clients.(e) "Client" means any person who is eligible for regional center services pursuant to Chapter 3, Subchapter 1 (beginning with Section 54000), and who resides in a developmental center, a licensed community care facility, or a licensed health facility, or receives services in a program described in Health and Safety Code, Section 1502.(f) "Consent" means that the client or the client's parent/guardian/conservator has had the proposed procedure explained in terms understandable to the consentor, including prior unsuccessful interventions, the expected side effects and/or risks of the proposed procedure, and the client or the client's parent/guardian/conservator agrees in writing to the procedure. Consent may be withdrawn at any time.(g) "Department" means the Department of Developmental Services.(h) "Developmental Center" means a center which is operated by the State and serves persons with developmental disabilities.(i) "Director" means the Director of the Department of Developmental Services.(j) "Electroconvulsive Therapy" (ECT) means a treatment procedure for mental disorders in which a convulsive reaction is inducted by passing an electric current through the cerebral cortex by means of electrodes placed bilaterally or unilaterally on the patient's head. ECT is a treatment of last resort.(k) "Electroconvulsive Therapy (ECT) Review Committee" means the group of persons appointed to review and consider for approval or denial requests to conduct ECT. For the purpose of these regulations the ECT Review Committee is intended to serve as the Peer Review Committee required in Welfare and Institutions Code, Section 4505.(l) "Pain" means a subjectively experienced, substantially unpleasant bodily sensation; it ordinarily results from, or is induced by physiological stimuli which may include, but not be limited to injury, bodily contact, situational stress, heat, cold, noise, physical exertion, or immobilization. Typical observable responses may include, but not be limited to, evasive action, verbal exclamation or protest, escape, resistance, stiffening, grimacing, and reflexive avoidance or fainting. Some individuals may not exhibit any perceivable response.(m) "Program" means a planned, organized approach to habilitative treatment of clients that is developed and implementated in accordance with the provisions of Article 2 (commencing with Section 4640) of Chapter 5 of Part 2 of Division 4.1 of the Welfare and Institutions Code, or with developmental center procedures subject to approval by the Department.(n) "Qualified Professional" means a person designated to review proposed treatment plans in accordance with Article 2 of these regulations.(o) "Regional Center" means a private nonprofit community agency that provides services for persons with developmental disabilities and their families under contract to the Department pursuant to Welfare and Institutions Code, Section 4620 et seq.(p) "Trauma" means an occurrence under which the client experiences either: (2) Severe and long-lasting emotional distress.(q) "Treatment Plan" means the written description of a program containing ECT or behavior modification interventions that may cause pain or trauma, that is prepared for review and approval in accordance with this subchapter.Cal. Code Regs. Tit. 17, § 50801
1. New section filed 9-29-89; operative 10-29-89 (Register 89, No. 40). Note: Authority cited: Section 4505, Welfare and Institutions Code. Reference: Section 4503, 4505, Welfare and Institutions Code.
1. New section filed 9-29-89; operative 10-29-89 (Register 89, No. 40).