§ 1002 — Definitions

§ 1002. Definitions. As used in this article:\n 1. "Handicapped person" means any person who in the judgment of the\ndepartment is under a physical or mental disability which constitutes a\nsubstantial handicap to employment but which is of such a nature that\nvocational rehabilitation services may reasonably be expected to render\nhim fit to engage in gainful employment, and also any person under a\nphysical or mental disability which constitutes a substantial handicap\nto employment and for whom vocational rehabilitation services are\nnecessary to ascertain his rehabilitation potential.\n 2. "Person who is under a physical or mental disability" means an\nindividual who has a physical or mental condition which in the judgment\nof the department limits, contributes to limiting, or, if not corrected,\nwill result in limiting his activities or functioning.\n 3. "Substantial handicap to employment" means that a physical or\nmental disability (in the light of attendant medical, psychological,\nvocational, educational, cultural, social or environmental factors)\nimpedes an individual's occupational performance, by preventing his\nobtaining, retaining, or preparing for a gainful occupation consistent\nwith his capacities and abilities.\n 4. "Gainful occupation" includes any employment for which a\ncompensation is paid either in goods and/or in services; practice of a\nprofession; self-employment; homemaking, farm or family work (including\nwork for which payment is in kind rather than in cash); sheltered\nemployment; and home industries or other gainful homebound work.\n 5. "Vocational rehabilitation services" means:\n a. Any goods and services necessary to render a handicapped person fit\nto engage in a gainful occupation and includes:\n (1.) Evaluation, including diagnostic and related services;\n (2.) Counseling and Guidance;\n (3.) Training;\n (4.) Placement;\n (5.) Reader service where necessary for individuals who are visually\nhandicapped and interpreter services in the case of individuals who are\ndeaf;\n (6.) Attendants and amanuenses where required;\n (7.) Occupational and business licenses;\n (8.) Books, training supplies and fees;\n (9.) Transportation;\n (10.) Physical restoration services;\n (11.) Maintenance payments to cover the handicapped person's expenses\nessential to achievement of his vocational rehabilitation objective;\n (12.) Tools, equipment, initial stocks and supplies;\n (13.) Training allowances which may be paid to individuals receiving\ntraining and related services in public and other non-profit workshops\nand rehabilitation facilities to the extent that funds may be made\navailable for this purpose;\n (14.) Other goods and services, not enumerated in this subdivision,\nnecessary to render a handicapped person fit to engage in a gainful\noccupation.\n b. The establishment of public and other nonprofit rehabilitation\nfacilities for handicapped persons; the establishment of public and\nother nonprofit workshops for the severely handicapped; and the staffing\nof public and other nonprofit workshops for the severely handicapped so\nthat workshops may be established, extended, improved or continued.\n 6. "Physical restoration services" mean those medical and medically\nrelated services which are necessary to correct or substantially modify\nwithin a reasonable period of time a physical or mental condition which\nis stable or slowly progressive and which constitutes a substantial\nhandicap to employment, and includes (but is not limited to):\n a. corrective surgery or therapeutic treatment;\n b. necessary hospitalization in connection with surgery or treatment\nspecified in (a);\n c. prosthetic devices essential to obtaining or retaining employment;\nand\n d. other necessary medical or medically related services.\n 7. "Rehabilitation facility" means a facility, operated for the\nprincipal purpose of assisting in the rehabilitation of handicapped\npersons and\n a. provides one or more than one of the following types of services:\n 1. prevocational or conditioning therapy;\n 2. adjustment training;\n 3. testing, fitting or training in the use of prosthetic devices;\n 4. physical or occupational therapy;\n 5. evaluation, treatment or control of special disabilities; or\n b. through which is provided an integrated program of medical,\npsychological, social and vocational evaluation and services under\nappropriate professional supervision, provided that the major portion of\nsuch evaluation and services is furnished within the facility, and that\nall medical and related health services are prescribed by and are under\nthe supervision of persons licensed to practice medicine in the state.\n 8. "Workshop" means a place where any manufacture or handiwork is\ncarried on and which is operated for the principle purpose of providing\ngainful employment to severely handicapped persons (a) as an interim\nstep in the rehabilitation process for those who cannot be absorbed in\nthe competitive labor market; or (b) during such time as employment\nopportunities for them in the competitive labor market do not exist.\n 9. "Establishment of a workshop" or "rehabilitation facility" means:\n a. In the case of a workshop, the expansion, remodeling, or alteration\nof existing buildings, necessary to adapt such buildings to workshop\npurposes or to increase the employment opportunities in workshops, and\nthe acquisition of initial equipment necessary for new workshops or to\nincrease the employment opportunities in workshops; and\n b. In the case of a rehabilitation facility, the expansion,\nremodeling, or alteration of existing buildings, and initial equipment\nof such buildings, necessary to adapt such buildings to rehabilitation\nfacility purposes or to increase their effectiveness for such purposes\nand initial staffing thereof for a period not exceeding one year.\n 10. With respect to the construction of workshops and rehabilitation\nfacilities, the following definitions shall apply:\n a. "Construction" includes construction of new buildings, acquisition\nof existing buildings, and expansion, remodeling, alteration, and\nrenovation of existing buildings, and initial equipment of such new,\nnewly acquired, expanded, remodeled, altered or renovated buildings;\n b. The "cost" of construction may include the cost of architects' fees\nand acquisition of land in connection with construction, but does not\ninclude the cost of offsite improvements.\n c. A "project for construction of a workshop" may include provisions\nfor residential accommodations to be used by and in conjunction with the\nrehabilitation of categories of handicapped individuals as may be\nhereafter designated.\n 11. "Supported employment" means paid competitive work performed by\nindividuals with severe disabilities who require intensive support\nservices to obtain such employment and extended support to sustain such\nemployment, and which is performed in an integrated setting which\nprovides regular interactions with individuals who do not have\ndisabilities, other than paid caregivers.\n 12. "Supported employment services" means support services needed by\nindividuals with severe disabilities to obtain and sustain supported\nemployment. Such term shall also include transitional employment\nservices for individuals with severe and persistent mental illness, as\ndefined by the commissioner in consultation with the commissioner of the\noffice of mental health.\n 13. "Paid competitive work", as used in the definition of supported\nemployment pursuant to subdivision eleven of this section means work\nthat is performed on a full-time or part-time basis, with a minimum\nexpectation of averaging at least twenty hours per week as an employment\ngoal, except that such requirement may be waived for good cause by the\ncommissioner, and for which an individual is compensated in accordance\nwith the federal fair labor standards act and the state department of\nlabor wage and hour regulations.\n 14. "Individuals with severe disabilities" means persons for whom\ncompetitive employment has either not traditionally occurred or has been\ninterrupted or intermittent as a result of having a permanent and\nsubstantially disabling physical, sensory, or mental condition.\n