Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				104 CMR 32.00, the following
				terms shall have the following meanings:
Authorized Individual
. An individual
				authorized, in writing, by a client or a client's legally authorized
				representative to act on behalf of the client in relation to an identified
				complaint. Such written authorization regarding a complaint shall include
				allowance for release of protected health information to the individual
				(consistent with the provisions of the federal Health Information Portability
				and Accountability Act), allowance for release of the Department case file to
				the individual, and authorization for the individual to request reconsideration
				and/or appeal of any decision.
Client
. A person who is alleged to
				have been subjected to an incident or condition that is dangerous, illegal, or
				inhumane and who is receiving services from the Department or a program or
				facility operated, licensed or contracted for by the Department at the time of
				the alleged incident or condition or who received such services within 30 days
				of the alleged incident or condition.
Clinically Intensive Residential Treatment Program
				(CIRT)
. A staff-secure service for children six through 12 years
				of age managed by the Department and licensed as a group care program by
				Department of Early Education and Care pursuant to
				606 CMR 3.00:
Standards for the Licensure or Approval of Residential Programs Serving
				Children and Teen Parents
.
Commissioner's Investigation
. An
				investigation ordered by the Commissioner to address a matter that does not
				fall within the scope of a Complaint, but which, nonetheless, has significant
				implications for persons who provide or receive mental health services within
				the Commonwealth.
Complainant
. Any person who files a
				complaint pursuant to
				104 CMR
				32.04.
Complaint
. A report of an incident or
				condition filed pursuant to
				104 CMR
				32.04(1), regardless of
				whether the incident or condition is also required to be reported to any other
				entity pursuant to law or policy.
Dangerous
. Posing a danger or the
				potential of danger to the health or safety of a client.
Day
. Monday through Friday excluding
				any legal holiday observed by the state.
Deputy Commissioner
. The Deputy
				Commissioner for Mental Health Services, or Deputy Commissioner for Child/Youth
				and Family Services, unless otherwise specified.
Director of Licensing
. The person(s)
				responsible for the Department's facility or community licensing
				activities.
Director of Statewide Program
				Management
. The person responsible for management of Intensive
				Residential Treatment Programs (IRTPs) and Clinically Intensive Residential
				Treatment Programs (CIRTs) and any Department contracted inpatient unit for
				facility for children or adolescents.
Employee
. An individual working for
				the Department or at a program or facility subject to
				104 CMR 32.00.
Human Rights Committee
. A committee
				established to protect the rights of clients at a program or facility.
Human Rights Officer
. The person
				designated as the Human Rights Officer for a program or facility.
Illegal
. A violation of state or
				federal statute, regulation, case law or other law.
Inhumane
. Demeaning to a client or
				inconsistent with the proper regard for human dignity.
Intensive Residential Treatment Program
				(IRTP)
. A locked residential facility for adolescents licensed as
				a Class VII facility pursuant to
				104 CMR 27.04:
Licensing; Intensive Residential Treatment Programs
				(IRTP)
.
Legally Authorized Representative
. As
				provided in
				104 CMR 25.02, the
				legally authorized representative (LAR) is a guardian, or other fiduciary
				acting pursuant to and under a properly invoked healthcare proxy or, in the
				case of a minor, the parent(s) or other individual or entity with legal custody
				of the minor. The authority of a LAR is limited to the scope of such LAR's
				appointment or designation.
Medicolegal Death
. Either or both of
				the following:
(a) any death required by M.G.L. c. 38, § 3, to be
				reported to the Medical Examiner.
(b) a death in which the Medical Examiner takes
				jurisdiction.
Office of Inpatient Management
. The
				office within the Department responsible for management of DMH's state operated
				adult inpatient facilities, except for its Community Mental Health Centers with
				inpatient units, and for setting standards of practice for all such facilities,
				including its Community Mental Health Centers with inpatient units and
				contracted inpatient facilities and units.
Office of Investigations
. The office
				within the Department responsible for conducting certain investigations under
				104 CMR 32.00.
Party
means:
(a) a client;
(b) any person complained of or found to be responsible for any
				incident or condition subject to review under
				104 CMR 32.00; provided
				however, that for purposes of
				104 CMR 32.00, a recipient of
				a service from the Department or a program or facility contracted for, by the
				Department shall not be deemed a party by virtue of being complained of or
				found to be responsible for any such incident or condition;
(c) the legally authorized representative of the client, but
				only to the extent of the legally authorized representative's legal
				authority;
(d) an Authorized Individual;
(e) the Person in Charge of the Department office or contracted
				for or licensed program or facility, as applicable;
(f) the Human Rights Officer of the involved program or
				facility;
(g) the Human Rights Committee of the involved program or
				facility, if it files the original complaint or files a notice to intervene
				with the Person in Charge; and
(h) in the event of a client death, the duly appointed personal
				representative of the decedent's estate or other individual with legal
				authority to access the Department case file and to act on behalf of the
				decedent.
Person in Charge
. The person having
				the day to day responsibility for the management and operation of the
				applicable Department operated or contracted for or licensed program, facility
				or office, or the person's designee.
Responsible Person
. The individual
				with responsibility for issuing a decision on a complaint pursuant to
				104 CMR 32.04(3), (4) or
				(5) or on a request for reconsideration
				pursuant to
				104 CMR
				32.04(7). Depending on the
				nature of the complaint, the Responsible Person may be the Area Director,
				Director of the Office of Inpatient Management, Director of Statewide Program
				Management, Director of Licensing, Senior Manager or the Person in
				Charge.
Senior Manager
. The Person in Charge
				of a Department office not within the control of an Area.
Unless otherwise specified, other terms used in
				104 CMR 32.00 that are
				defined in
				104 CMR 25.02 shall
				have the meaning as they are so defined.