For purposes of this subchapter, the following definitions apply:

(1) "Advocate" means a citizen advocate, a representative of the Montana advocacy program, a friend acknowledged by the person to be the person's advocate or the parent/guardian of a person with developmental disabilities.

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

(3) "Antecedent stimulus modification" means arranging the environment that exists at the time of the occurrence of the maladaptive target behavior in such a way that the maladaptive target behavior becomes less likely to occur.

(4) "Aversive" means any stimulus or event from which a person will seek to escape, avoid or terminate, if given an opportunity to do so.

(5) "Aversive procedure" means a procedure as defined in and implemented in this subchapter that is aversive in nature and is implemented for the purpose of reducing or eliminating a maladaptive target behavior.

(6) "Contingent exercise" means a method of decreasing a maladaptive target behavior by requiring a person who engages in the undesired behavior to perform exercises or movements that are not topographically similar to the maladaptive target behavior.

(7) "Contingent observation" means a method of decreasing a maladaptive target behavior by telling a person they are engaging in a maladaptive target behavior 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. The trainer concurrently attends to and reinforces those persons behaving appropriately. The person who is observing the behavior may rejoin the activity group after a few minutes of observation if the person agrees to behave appropriately. The person who rejoins the group is then reinforced by the trainer when the person exhibits the appropriate behavior.

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

(9) "Corporal punishment" means aversive stimulation that is inflicted directly on the body following a specific maladaptive target behavior that decreases the probability of the behavior occurring in the future. Examples would include but not be limited to spanking, electric shock, lemon juice into the mouth, etc.

(10) "Deceleration program" means the use of systematic program techniques or procedures to decrease the rate of specific maladaptive target behaviors. These deceleration programs must include nonaversive procedures such as: functional analysis of the behavior, teaching replacement behaviors, positive reinforcement, antecedent stimulus modification, differential reinforcement, etc. Systematic deceleration program procedures might also include the use of aversive procedures as defined by this rule.

(11) "Differential reinforcement" means a procedure for providing systematic reinforcers for behaviors so that these behaviors occur more frequently than the maladaptive target behaviors. Variations include:

(a) differential reinforcement of other behaviors;

(b) differential reinforcement of incompatible behaviors;

(c) differential reinforcement of other behaviors on a progressive schedule;

(d) differential reinforcement of alternative behavior; and

(e) differential reinforcement of low rate behavior.

(12) "Differential reinforcement of other behaviors (DRO) " means that reinforcement occurs at the end of the interval if the maladaptive target behavior has not occurred during that interval.

(13) "Differential reinforcement of other behavior on a progressive schedule (DROP) " means that the amount a reinforcement will be increased for consecutive intervals in which the specified maladaptive target behavior does not occur, to a maximum level of reinforcement. Once the person has reached the highest level of reinforcement, the amount of reinforcement remains at this level as long as the maladaptive target behavior does not occur. When the maladaptive target behavior does occur, the level of reinforcement returns to the smallest amount.

(14) "Differential reinforcement of incompatible behaviors (DRI) " means that reinforcement occurs following a specified incompatible behavior. The maladaptive target behavior is concurrently placed on extinction.

(15) "Differential reinforcement of alternative behavior (DRA or Alt-R) " means that reinforcement occurs following a specified alternative behavior. The maladaptive target behavior is concurrently placed on extinction.

(16) "Differential reinforcement of low rate behavior (DRL) " means that reinforcement occurs only when the maladaptive target behavior occurs at or below a specified rate.

(17) "Educational fine" means a system of decreasing maladaptive target behavior based upon a token or point system. A small fine is levied contingent upon the occurrence of a maladaptive target behavior. Each fine must be accompanied by a teaching episode which includes a description of the maladaptive target 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.

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

(19) "Extinction" means that a previously reinforced behavior is no longer followed with the reinforcing consequence. This makes it likely that over time the behavior will diminish. Extinction is different from punishment in that with extinction the reinforcer is simply no longer given when the target behavior occurs.

(20) "Functional analysis" means the assessment of many variables prior to intervening on a behavior. This assessment could include but not be limited to a review of the following: historical events; antecedent events; consequences; environmental factors such as reinforcer preferences and efficiency, expectations of others, environmental pollutants such as noise and crowding, etc.; and the communicative functions of behavior.

(21) "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.

(22) "Incompatible behavior" means a behavior that is opposite to and cannot be emitted at the same time as a maladaptive target behavior.

(23) "Individual program plan (IPP) " means a written set of procedures designed to meet a specific behavioral objective relating to a person's adaptive behavior. For the purposes of decelerating maladaptive target behaviors an individual program plan includes at least the following components:

(a) A clear objective description of the maladaptive target behavior to be reduced or eliminated.

(b) A clear objective description of the incompatible or alternative appropriate response which will be reinforced.

(c) A list of programs to teach replacement behaviors that serve the same behavioral function identified through a functional analysis or review of the maladaptive target behaviors.

(d) A baseline measurement of the level of the target behavior before intervention.

(e) Reinforcement procedures which specify:

(i) the reinforcers to be employed;

(ii) the schedule for delivering the reinforcers;

(iii) a detailed description of the procedure for delivering the reinforcers;

(iv) the names of persons who will carry out these procedures.

(f) Deceleration procedures which specify:

(i) the name of the procedure which will be employed as a consequence for the maladaptive target behavior;

(ii) a detailed description of the procedure;

(iii) the names of persons who will carry out the procedure;

(iv) the name of the person who will supervise the implementation of the procedure;

(v) a limit on the use of any aversive procedure in one incident or time period.

(g) Data collection procedures which include:

(i) the kind of data which will be collected;

(ii) when the data will be taken;

(iii) who will collect the data;

(iv) who will review the data;

(v) at what point the person will graduate from the program;

(vi) data based criterion for modifying the program if the procedure is not effective;

(vii) graphs of the data;

(viii) data based criterion for terminating the procedure if it is not effective; and

(ix) a description of how data will be systematically shared and reviewed across program settings.

(24) "Maladaptive target behavior" means the inappropriate behavior the individual program plan is designed to control or eliminate.

(25) "Mechanical restraint" means physically restricting a person's movement through the use upon the person of any mechanical or restrictive device.

(26) "Modeling with positive reinforcement" means the reinforcement of a specified and appropriate behavior of one or more persons in order to induce a second person to imitate that appropriate behavior. The second person then receives reinforcers if that person displays the appropriate behavior.

(27) "Nonexclusionary time out" means that, following the occurrence of a maladaptive target behavior, a stimulus is introduced which indicates for the person that reinforcement will not occur for some specified period of time. The person remains in the activity, but does not receive reinforcers during the period of time that the stimulus is present.

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

(29) "Physical restraint" means the restriction of a person's movement by one or more persons holding or applying physical pressure.

(30) "Positive practice overcorrection" means a form of overcorrection requiring a person engaging in a maladaptive target behavior to intensely practice appropriate alternative behavior.

(31) "Positive reinforcement" means specifically adding an event or stimulus following the occurrence of a target behavior that increases the probability of the behavior being maintained or occurring more frequently in the future.

(32) "Punishment" means specifically adding an event or stimulus following the occurrence of a target behavior that decreases the probability of the behavior being maintained or occurring more frequently in the future.

(33) "Required relaxation" means requiring a person to lie quietly for a period of time after the occurrence of a maladaptive target behavior.

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

(35) "Restitution" means a procedure used to decrease a maladaptive target behavior by directing a person to restore the person's environment. Variations include:

(a) simple restoration; and

(b) restorational overcorrection.

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

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

(38) "Satiation" means that a reinforcer loses its reinforcing effect due to the extent that it is continuously presented.

(39) "Seclusion time out" means a method of decreasing a maladaptive target behavior by requiring a person to leave an ongoing reinforcing activity and go to a closed room for a period of time. Seclusion time out is contingent on the occurrence of some previously specified maladaptive target behavior. The room to which the person must go must not be reinforcing in any manner.

(40) "Self-reinforcement" means a contingency established by a person to control that person's behavior through the delivery of reinforcement. The reinforcers remain under control of the person and the person is free to violate the contingencies at any time.

(41) "Simple restitution" means restoring the environment to the state that existed before a disruptive event occurred. Simple restitution does not include forced compliance by physically forcing a person to comply. Simple restitution should instead be accomplished by verbal and gestural cues, prompts or graduated guidance.