§ 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) "Client� means any developmentally disabled adult who is in potential need of, or
is receiving, services aimed at alleviating his or her condition of functional dependence.
(2) "Department� means the department of behavioral healthcare, developmental disabilities
and hospitals.
(3) "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.
(4) "Director� means the director of the department of behavioral healthcare, developmental
disabilities and hospitals or the director's designees.
(5) "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 intellectually or 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 adults with intellectual
or developmental disabilities under the provisions of this chapter.
(6) "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 intellectually or developmentally
disabled shall be required because of the recognized limitation that many persons
with intellectual or developmental disabilities are unable to comprehend written notices.
(7) "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.
(8) "Parent� means the natural, adoptive, foster parent, or caretaker of the child.
(9) "Qualified intellectual disability professional (QIDP)� means a person as defined
in 42 C.F.R. § 483.430, as amended.
(10) "Team� means an interdisciplinary team which includes such professional personnel
designated 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 intellectual disability professional (QIDP).