Terms used in this title mean:

(1) “Aversive intervention technique,” the application, contingent upon the exhibition of a maladaptive behavior, of extremely unpleasant, startling, or painful stimuli that have a potentially noxious effect;

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(2) “Behavior intervention program,” a written set of instructions for changing or modifying the behavior of a person with a developmental disability that specifies behavior objectives for completion, procedures to implement behavior objectives, and data collection procedures and is written to increase desirable behaviors or decrease undesirable behaviors;

(3) “Community services provider,” any person or entity, whether for-profit or not-for-profit, which receives compensation for providing services to persons with developmental disabilities;

(4) “Community support provider,” any nonprofit facility that is certified by the department to provide prevocational or vocational training, residential training, and other supports and services as needed by persons with developmental disabilities;

(5) “Danger to others,” behavior which supports a reasonable expectation that the person will inflict serious physical injury upon another person in the very near future. Such behavior shall be evidenced by recent acts which constitute a danger of serious physical injury to another person. Such acts may include a recently expressed threat if the threat is such that, if considering its context or person’s recent previous acts, it is substantially supportive of an expectation that the threat will be carried out;

(6) “Danger to self,” recent behavior or related physical conditions which show there is a danger of serious personal harm in the very near future as evidenced by an inability to provide for some basic human needs such as food, clothing, shelter, physical health, or personal safety;

(7) “Department,” the Department of Human Services;

(8) “Destructive behavior,” behavior that presents a danger to self or a danger to others;

(9) “Director,” the director of the South Dakota Developmental Center or a community service provider;

(10) “Facility,” the South Dakota Developmental Center in Redfield, South Dakota;

(11) “Informed consent,” written consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion, after explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

(12) “Least restrictive,” an intervention in the life of a person with a developmental disability that is the least intrusive and disruptive to the person’s life and represents the least departure from normal patterns of living that can be effective in meeting the person’s developmental needs;

(13) “PASARR” or “Preadmission Screening/Annual Resident Review,” a federally mandated review of the application to a skilled nursing facility by a person with a known or suspected mental illness or developmental disability, or both, in order to determine if the skilled nursing facility or another community service provider can appropriately serve the person’s needs;

(14) “Qualified developmental disabilities professional,” any person with at least one year of experience working directly with individuals with intellectual disabilities or other developmental disabilities and is either a doctor of medicine or osteopathy, a registered nurse, or a person who holds at least a bachelor’s degree in a professional category.

Source: SL 2000, ch 131, § 5; SL 2009, ch 138, § 1; SL 2013, ch 125, § 8.