Rights of Recipients of Mental Health Services; Part A - II. Definitions

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. Davenport, 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 DHHS.

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. Davenport 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 the Department of Health and 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.