Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 25.00 - Authority, Mission, And Definitions › Section 25.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms shall have the following meanings
				throughout 104 CMR, unless the context clearly provides otherwise or a
				different meaning is assigned within a particular chapter of the regulations.
				Definitions applicable only to a particular chapter are found within the
				chapter. The intent and meaning of all words, phrases and provisions of the
				regulations within 104 CMR shall be solely within the authority of the
				Department of Mental Health, unless otherwise required by law.
Adult
. Any person who has attained 18
				years of age.
Area
. The geographic subdivision
				within the state that is responsible for providing access to comprehensive
				mental health services for individuals within its boundaries.
Area Director
. The individual with
				responsibility for the administration and operation of the Department's
				activities within an area.
Area Office
. The principal
				administrative office within each area.
Commissioner
. The Commissioner of the
				Department of Mental Health.
Department
. The Department of Mental
				Health.
Department Facility
. A facility
				designated as a facility under the control of the Department pursuant to
				104 CMR
				26.02:
Designation of Departmental
				Facilities
.
Facility
. A Department-operated
				hospital, community mental health center with inpatient unit, or psychiatric
				unit within a public health hospital; a Department-licensed psychiatric
				hospital; a Department-licensed psychiatric unit within a general hospital; or
				an intensive residential treatment program for adolescents that is either
				designated as a facility under the control of the Department or licensed by the
				Department.
Facility Director
or
Director of a Facility
. The superintendent, chief
				operating officer, or other head of a facility, who may petition the district
				or juvenile court for commitment pursuant to M.G.L. c. 123, and who may take
				such other action as is authorized or required of the superintendent pursuant
				to M.G.L. c. 123.
Form Shall Include Both Paper and Electronic
				Versions
. Whenever any documentation under 104 CMR is required to
				be on a form approved by the Department or the Commissioner, an electronic
				version of such form containing all required information may be
				utilized.
Incapable
. An individual who has not
				been adjudicated as incapacitated, but who is believed to be incapable of
				making informed decisions.
Legally Authorized Representative
				(LAR)
. A guardian, representative payee, or other fiduciary
				including a healthcare agent 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.
Minor
. Any person younger than 18
				years old.
Program
or
Mental Health
				Program
. Community-based mental health programs or services
				licensed, contracted for, or operated by the Department.
Program Director
. The person with
				day-to-day responsibility for the mental health program.