§ 20-46-702 — Definitions

(a) As used in this subchapter: (1) (A) "Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident. (B) In no event shall a brief hold be construed as a personal restraint; (2) [Repealed.] (3) [Repealed.] (4) "Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons; (5) (A) "Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation. (B) In no event shall verbal direction be construed as seclusion; (6) "Serious injury" means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to: (A) Burns; (B) Lacerations; (C) Bone fractures; (D) Substantial hematoma; and (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else; (7) "Serious occurrence" means a resident's death, serious injury, or suicide attempt; (8) "Suicide attempt" means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel; (9) "Survey" means any process by which compliance with federal law and regulations applicable to a program provider is determined; (10) "Survey team" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and (11) (A) "Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving. (B) In no event shall a time-out be construed as a seclusion. (C) In no event shall verbal direction be construed as time-out. (b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.

Legislative History

Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019. Acts 2005, No. 1885, § 1.