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For purposes of this subchapter, the following definitions apply:

(1) "Advocate" is defined in ARM 37.34.102.

(2) "Alternative behavior" means a behavior that can, but is not likely to occur at the same time as a challenging behavior.

(3) "Challenging behavior" means a behavior that presents a risk or potential risk to the health or safety of a person or to others.

(4) "Contingent observation" means a method of decreasing a challenging behavior by telling the person what they are doing wrong and asking the person to not participate in the ongoing activity for a short period of time, to be seated nearby, and to observe others engaging in a specific appropriate behavior and receiving positive reinforcement for it. The person who is observing the behavior may rejoin the activity group when the person agrees to behave appropriately. The person's appropriate behavior is then reinforced when the person exhibits the appropriate behavior.

(5) "Contingent access to social activities and personal possessions including personal funds" means that upon the occurrence of a specified challenging behavior, the person's attendance at social activities and use of personal possessions including personal funds is restricted.

(6) "Corporal punishment" means knowingly and purposefully inflicting physical pain on a person as a disciplinary measure.

(7) "Educational fine" means a system of decreasing challenging behavior based upon a token or point system. A small fine is levied contingent upon the occurrence of a challenging behavior. A teaching episode must accompany each fine which includes a description of the challenging behavior, the amount of the fine, instruction on the appropriate forms of behavior, and the opportunity for the person to "earn back" a portion of the fine for practicing the appropriate behaviors.

(8) "Exclusion time out" means a method of decreasing a challenging behavior by requiring a person to leave an ongoing reinforcing situation for a period of time, contingent on the occurrence of some previously specified challenging behavior. Unlike contingent observation, the person is not instructed to observe the appropriate behavior of others.

(9) "Graduated guidance" means systematically providing the minimum degree of physical assistance necessary to ensure that a desired behavior occurs. Graduated guidance is a technique combining physical guidance and fading in which the physical guidance is systematically and gradually reduced and faded according to the person's responsiveness. Graduated guidance techniques do not include physical restraint as a primary component. Graduated guidance is assistive rather than restrictive and does not involve forced compliance.

(10) "Mechanical restraint" means a physical device used to restrict the person's movement or restrict the normal function of the person's body. The definition does not include the following:

(a) physical equipment or orthopedic appliances, surgical dressings or bandages, supportive body bands or other restraints necessary for medical treatment, routine physical examinations, or medical tests;

(b) devices used to support functional body position or proper balance; or

(c) equipment used for safety during transportation.

(11) "Overcorrection" means a technique used to decrease a challenging behavior. The two main types of overcorrection are restitutional overcorrection and positive practice overcorrection.

(12) "Physical enforcement" means a person is required to perform a behavior by another person using physical contact with them.

(13) "Physical prompt" means a person physically guides the person to perform a response.

(14) "Physical restraint" means the restriction of the person's movement by holding or applying physical pressure to bring the person's behavior under control in order to avoid the risk of serious harm to the person, other person(s), or to the environment. The term physical restraint does not include the use of physical prompt or graduated guidance.

(15) "Positive practice overcorrection" means a form of overcorrection requiring the person engaging in a challenging behavior to intensely practice a specified appropriate alternative behavior.

(16) "Required relaxation" means requiring the person to relax quietly for a period of time after the occurrence of a challenging behavior.

(17) "Response cost" means a procedure reducing accumulated reinforcement upon the occurrence of a challenging behavior, thus making the behavior less likely to occur.

(18) "Restitutional overcorrection" means a form of overcorrection requiring a person engaging in a challenging behavior to restore the environment to its previous state and improve on the previous conditions.

(19) "Restriction of rights" means procedures which involve withdrawal, delay, or curtailment of rights which the person may ordinarily exercise. Such withdrawal is usually in connection with a program through which the person may exercise such rights by performing specified behaviors.

(20) "Seclusion" means requiring the person to remain alone in a room or any area behind a closed door which prevents them from leaving or being observed for a period of time.



History: 53-6-402, 53-20-204, MCA; IMP, 53-6-402, 53-20-203, MCA; NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2012 MAR p. 2617, Eff. 12/21/12.

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