TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-26
Rights for Persons with Developmental Disabilities

SECTION 40.1-26-2


§ 40.1-26-2 Definitions.

As used in this chapter:

(1) "Advocate" means: (i) a legal guardian; or (ii) an individual acting on behalf of a person with a developmental disability in a manner clearly consistent with the interests of the person with a developmental disability and includes a family member, friend, or professional advocate. Whenever possible an advocate should be selected by the person with a disability.

(2) "Agency" means any person or organization which provides day program services, residential services, support services or advocacy services for persons with developmental disabilities, and which is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1-24-1 et seq.

(3) "Applicant" means any person with a developmental disability who has applied for services from the division of developmental disabilities and/or any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1-24-1 et seq.

(4) "Aversive interventions" means a class of stimuli that are followed by escape or avoidance response.

(5) "Behavioral Treatment Intervention" means any intervention or treatment to develop or strengthen adaptive appropriate behaviors through the application of behavioral interventions and to simultaneously reduce the frequency of maladaptive or inappropriate behaviors. Behavior interventions encompass interventions, which refer to purposeful, clinical manipulation of behavior.

(6) "Competent" means the ability to understand the likely risks and benefits of a procedure or plan when the risks and benefits are presented to the participant in a manner most likely to be understood by the participant in light of his or her cognitive abilities and learning style.

(7) "Department" means the department of behavioral healthcare, developmental disabilities and hospitals.

(8) "Developmental disability" means a severe chronic disability which is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services which are of life long or extended duration and are individually planned and coordinated.

(9) "Individualized plan" means the personalized document which describes an individualized profile of the participant highlighting his or her capabilities, preferences and interests. The plan describes specific supports in the areas of vocational, social, medical, supported living, and rehabilitation required to meet the specific needs of the participant. The plan includes quality indicators that demonstrate the plan has met the expectations of the participant and the participant is satisfied with the support services he or she is receiving; provided, however, that authorizations for services and funding issued prior to July 1, 2011 are null and void. Authorizations for services will be paid at the rate effective when in the quarter the service was provided.

(10) "Participant" means any person eighteen (18) years or older, with a developmental disability who receives services from the division of developmental disabilities and/or an agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals.

(11) "Relative" means a member of the participant's or applicant's family who has been actively involved in the participant's or applicant's life, has an ongoing relationship with the participant or applicant, and is supportive in a manner clearly consistent with the best interests of the participant or applicant.

(12) "Seclusion" means placing a participant alone in a locked room without supervision.

(13) "Serious incidents" means any situation involving a person with developmental disabilities in which the person:

(i) Has sustained an injury, which requires medical care or treatment beyond routine first aid;

(ii) Has been missing;

(iii) Has died;

(iv) Has been involved in a criminal act;

(v) Has been subject to a medication error.

History of Section.
(P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83, § 2; P.L. 1997, ch. 136, § 2; P.L. 2011, ch. 151, art. 9, § 24.)