(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) "Department" means the Department of Human Services;

(3) "Director" means the Director of the Department of Human Services or his or her designee;

(4) "Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigents;

(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 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 indigents.