Cal. Code Regs. tit. 22 § 89901

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 89901 - Definitions

In addition to Sections 80001, 84001 and 85001, the following shall apply:

(a)

(1) "Assistant Behavior Analyst" means an individual who assesses the function of a behavior of a client and designs, implements, and evaluates instructional and environmental modifications to produce socially significant improvements in the client's behavior through skill acquisition and the reduction of behavior, under supervision of a Behavior Analyst. Assistant Behavior Analysts engage in descriptive functional assessments to identify environmental factors of which behavior is a function. An Assistant Behavior Analyst is recognized by the national Behavior Analyst Certification Board as a Board Certified Assistant Behavior Analyst.

(2) "Authorized Consumer Representative" shall have the same meaning as California Code of Regulations, Title 17, Section 59050(c). An Authorized Consumer Representative shall not have the same meaning as authorized representative as defined by Section 80001(a)(7).

(b)

(1) "Behavior Analyst" means an individual who assesses the function of a behavior of a client and designs, implements, and evaluates instructional and environmental modifications to produce socially significant improvements in the client's behavior through skill acquisition and the reduction of behavior. Behavior Analysts engage in functional assessments or functional analyses to identify environmental factors of which behavior is a function. A Behavior Analyst is recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst.

(c)

(1) "Consultant" shall have the same meaning as the California Code of Regulations, Title 17, Section 59050(f).

(2) "Client" shall be considered a "consumer" and shall have the same meaning as Health and Safety Code section 1567.61(a).

(d)

(1) "Direct Care Staff" means facility staff who personally provide direct supervision and special services to clients, as defined in Title 17, Section 56002(a)(12). The term includes the licensee, the administrator, management, supervisory, and lead staff during that time when they are providing direct supervision and special services to clients.

(A) Direct supervision and special services shall include "care and supervision" as defined in Title 22, California Code of Regulations, Section 80001(c)(3).

(e)

(1) "Enhanced Behavioral Supports Home" means a facility certified by the Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the Department as an Adult Residential Facility or a Group Home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An Enhanced Behavioral Supports Home shall have a maximum capacity of four clients.

(2) "Enhanced Behavioral Services and Supports" means additional staffing, supervision, and other services and supports to address a client's challenging behaviors, which are beyond what is typically available in other community living arrangements.

(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 restraints and seclusion in accordance with Health and Safety Code section 1567.64.

(f) through (h) (Reserved)

(i)

(1) "Individual Behavior Supports Plan" means the plan that identifies and documents the behavior and intensive support and service needs of a client and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence.

(2) "Individual Behavior Supports Team" means those individuals who contribute to the development, revision, and monitoring of the individual behavior supports plan for clients residing in an Enhanced Behavioral Supports Home in accordance with Health and Safety Code section 1567.61.

(3) "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.

(4) "Individual Program Plan" (IPP) shall have the same meaning as California Code of Regulations, Title 17, Section 59050.

(j) through (o) (Reserved)

(p)

(1) "Planning Team" shall have the same meaning as the California Code of Regulations, Title 17, Section 59050.

(q)

(1) "Qualified Behavior Modification Professional" shall have a minimum two years of experience in designing, supervising, and implementing behavior modification services and be 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 Business and Professions Code sections 4996- 4998.5;

(D) A Licensed Marriage and Family Therapist, pursuant to Business and Professions Code sections 4980- 4989;

(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)

(1) "Registered Behavior Technician" means an individual who is primarily responsible for the direct implementation of skill-acquisition and behavior-reduction plans, and practices under the close, ongoing supervision of a Behavior Analyst as defined in (b) or Assistant Behavior Analyst as defined in (a). The Registered Behavior Technician may also collect data and conduct certain types of assessments, but may not design intervention or assessment plans. A Registered Behavior Technician is recognized by the national Behavior Analyst Certification Board as a Board Certified Registered Behavior Technician.

(s) through (z) (Reserved)

Cal. Code Regs. Tit. 22, § 89901

1. New section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).

Note: Authority cited: Sections 1530 and 1567.68, Health and Safety Code. Reference: Sections 1567.61 and 1567.64, Health and Safety Code; and Section 4684.80, Welfare and Institutions Code.