TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-22
Developmental Disabilities

SECTION 40.1-22-3

§ 40.1-22-3. Definitions.

Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(1) "A qualified mental retardation professional (QMRP)" means a person as defined in 42 CFR 483.430, as amended.

(2) "Client" means any developmentally disabled adult who is in potential need, or is receiving services aimed at alleviating his or her condition of functional dependence.

(3) "Department" means the department of behavioral healthcare, developmental disabilities and hospitals.

(4) "Development, education, rehabilitation, and care" means physical development, application of these abilities to meaningful occupations, development of personal and social skills, all of which are directed to the objective of independent living and self-maintenance. Care also includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and maintenance furnished to a resident.

(5) "Director" means the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designees.

(6) "Facility" means any public or private facility, inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, equipped to habilitate, on a residential basis, persons who are developmentally disabled and in need of residential care. This shall include any facility maintaining adequate staff and facilities within the state providing in-residence supervision and habilitation and approved by the director upon application of the facility. Included within this definition shall be all institutions and facilities under the control and direction of the director. Nothing contained herein shall be construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought to the attention of the director that any private facility may not have adequate staff, or facilities as determined by regulations of the director, then the facility shall not be approved for the placement of developmentally disabled adults under the provisions of this chapter.

(7) "Notice" means written notice in as simple and non-technical language as practicable as required by the department, or the court of competent jurisdiction. The notice shall be in writing to the director of the department by registered or certified mail, return receipt required. Notice sent to a client shall also include verbal reading of the written notice by duly authorized agents of the department, and/or court. The agents shall make verified return of the oral notification as well as the written. This requirement of oral notice to anyone alleged to be developmentally disabled shall be required because of the recognized limitation that many retarded and developmentally disabled persons are unable to comprehend written notices.

(8) "Objection." If an objection is raised it shall be in writing, of a timely nature, and filed with the clerk of the family or district court, a copy of which is to be sent to the director of the department via registered or certified mail, return receipt requested.

(9) "Parent" means the natural, adoptive, foster parent or caretaker of the child.

(10) "Team" means an interdisciplinary team which includes such professional personnel designed by the director and which shall consist of no less than three (3) persons selected by order of the director, no less than one of whom shall be a licensed physician, no less than one of whom shall be a member of the social work profession, and no less than one of whom shall be a qualified mental retardation professional (QMRP).

History of Section.
(P.L. 1970, ch. 324, § 1; Reorg. Plan No. 1, 1970; P.L. 1971, ch. 266, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-3; P.L. 1979, ch. 39, § 1; P.L. 1981, ch. 355, § 1; P.L. 1982, ch. 268, § 1; P.L. 1991, ch. 243, § 2; P.L. 1995, ch. 122, § 2.)