TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-24
Persons With Mental Illness, Addiction/Substance Abuse Disorders and Developmental Disabilities

SECTION 40.1-24-1


§ 40.1-24-1 Definitions.

As used in this chapter:

(1) "Adult foster home" means a private family living arrangement which, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or otherwise eligible under § 40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the department of children, youth and families shall be excluded for the purposes of this chapter.

(2) "Community residence" means any home or other living arrangement which is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. The facilities shall include, but not be limited to, group homes, halfway houses, and fully supervised apartment programs. Semi-independent living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be considered community residences for the purposes of this chapter.

(3) "Day treatment program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, outpatient programs for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury.

(4) "Deemed status" means acceptance by the department of accreditation granted by a national accreditation organization which has been recognized and approved by the department, including, but not limited to, the joint commission, the commission on accreditation of rehabilitation facilities, or the council on accreditation. Accreditation by a national accreditation organization that has been approved by the department shall serve as evidence of compliance with some or all of the department's rules and regulations for license renewal, as promulgated under § 40.1-24-9.

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

(6) "Facility" means any community residence, day treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury providing program services which do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance.

(7) "Habilitation program" means any nonresidential facility which is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide training in basic daily living skills and developmental activities, prevocational skills and/or vocational training and placement, and follow up for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, early intervention, adult development, work activities, sheltered workshops, advanced workshops, and job development and training programs. Sheltered workshops not exclusively for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury shall be excluded for the purposes of this chapter.

(8) "Person" means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof.

(9) "Program" means a planned service delivery system structured to provide specific components, which are responsive to the needs of those served.

(10) "Rehabilitation program" means any facility, which is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, community mental health centers. Sheltered workshops not exclusively for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury shall be excluded for the purposes of this chapter.

History of Section.
(P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-1; P.L. 1979, ch. 39, § 1; P.L. 1982, ch. 166, § 1; P.L. 1992, ch. 418, § 8; P.L. 1995, ch. 370, art. 14, § 16; P.L. 1999, ch. 83, § 112; P.L. 1999, ch. 130, § 112; P.L. 2001, ch. 385, § 2; P.L. 2001, ch. 389, § 1; P.L. 2005, ch. 351, § 3; P.L. 2005, ch. 394, § 3; P.L. 2011, ch. 152, § 2; P.L. 2011, ch. 171, § 2.)