Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-II - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Advocacy Program
means the
				  Office of Advocacy of the Department and the rights protection and advocacy
				  agencies or other governmental agencies authorized by law to investigate
				  grievances and protect rights.
B.
Complaint
means an allegation by a person or agency charged with
				  investigating violations of client rights or with delivering or monitoring
				  mental health services of violation of basic rights of a recipient, including
				  those enumerated in these rules and the Settlement Agreement in Bates, et al.
				  v. Duby, et al., or any other applicable law or regulation.
C.
Conjoint Family Treatment
				  Services
means services jointly provided to more than one member of a
				  family, in which all members in question are recipients.
D.
Department
means Department
				  of Behavioral and Developmental Services.
E.
Division
means the Division
				  of Mental Health.
F.
Grievance
means an allegation by a recipient of violation of basic
				  rights, including those enumerated in these rules and the Settlement Agreement
				  in Bates v. Duby or any other applicable law or regulation.
G.
Individualized Support Plan
(henceforth referred to as "
ISP
") means an approach to support
				  planning that focuses on the development of a life plan that expresses, in the
				  recipient's own words, his or her wants, needs and goals, as well as an action
				  plan for meeting these goals.
H.
Mental Health Facility
,
Agency
, or
Program
means any facility that provides in-patient psychiatric
				  services and any agency or facility providing in-patient, residential or
				  outpatient mental health services that is licensed by, funded by or has a
				  contract with either the Department of Behavioral and Developmental Services or
				  the Department of Human Services.
I.
Mental Health Institute
means
				  state-operated inpatient facilities.
J.
Non-State Mental Health
				  Institution
means a public institution, a private institution or a
				  mental health center, that is administered by an entity other than the State
				  and that is equipped to provide in-patient care and treatment for people with
				  mental illness.
K.
Person
				  with long-term mental illness
means a person who suffers from certain
				  mental or emotional disorders that erode or limit the capacities of daily life.
				  For purposes of this definition, mental and emotional disorders include organic
				  brain syndrome, schizophrenia, recurrent depressive and manic depressive
				  disorders, paranoid and other psychoses, plus other disorders that may become
				  chronic. For purposes of this definition, capacities of daily life include
				  personal hygiene and self care, self direction, interpersonal relationships,
				  social transactions, learning, recreation and economic self-sufficiency. While
				  persons with long-term mental illness may be at risk of institutionalization,
				  there is no requirement that these persons are or have been residents of
				  institutions providing mental health services.
L.
Program Area
means any
				  discrete part of a facility or agency, including any building, residential
				  program, ward, unit or program site.
M.
Recipient
means any person
				  over age 18 receiving mental health treatment from any mental health facility,
				  agency or program.
N.
Representative
means any person who has been designated in writing
				  by a recipient, or by his or her guardian to act to aid the recipient in
				  upholding his or her rights under these rules. Such person shall not be a
				  patient of an inpatient facility nor a staff person currently serving the
				  recipient.
O.
Rights
				  Protection and Advocacy Agency
means the protection and advocacy program
				  established by 42 U.S.C.
				  §§
											10801
et seq
.
				  and described in 5 M.R.S.A. §§19501
et seq
.
P.
Treatment
means any activity
				  meant to prevent, ameliorate, prevent deterioration of, or cure a recipient's
				  mental health problem or mental illness and includes behavioral, psychological,
				  medical, social, psychosocial and rehabilitative methods that meet usual and
				  customary standards in the field of mental health treatment.
Q.
Treatment Team
means those
				  persons, including the recipient, who plan, carry out and review
				  treatment.