630.005. Definitions.
Definitions.
630.005. As used in this chapter and chapters 631, 632, and 633,RSMo, unless the context clearly requires otherwise, the following termsshall mean:
(1) "Administrative entity", a provider of specialized services otherthan transportation to clients of the department on behalf of a division ofthe department;
(2) "Alcohol abuse", the use of any alcoholic beverage, which useresults in intoxication or in a psychological or physiological dependencyfrom continued use, which dependency induces a mental, emotional orphysical impairment and which causes socially dysfunctional behavior;
(3) "Chemical restraint", medication administered with the primaryintent of restraining a patient who presents a likelihood of seriousphysical injury to himself or others, and not prescribed to treat aperson's medical condition;
(4) "Client", any person who is placed by the department in afacility or program licensed and funded by the department or who is arecipient of services from a regional center, as defined in section633.005, RSMo;
(5) "Commission", the state mental health commission;
(6) "Consumer", a person:
(a) Who qualifies to receive department services; or
(b) Who is a parent, child or sibling of a person who receivesdepartment services; or
(c) Who has a personal interest in services provided by thedepartment. A person who provides services to persons affected by mentalretardation, developmental disabilities, mental disorders, mental illness,or alcohol or drug abuse shall not be considered a consumer;
(7) "Day program", a place conducted or maintained by any person whoadvertises or holds himself out as providing prevention, evaluation,treatment, habilitation or rehabilitation for persons affected by mentaldisorders, mental illness, mental retardation, developmental disabilitiesor alcohol or drug abuse for less than the full twenty-four hourscomprising each daily period;
(8) "Department", the department of mental health of the state ofMissouri;
(9) "Developmental disability", a disability:
(a) Which is attributable to:
a. Mental retardation, cerebral palsy, epilepsy, head injury orautism, or a learning disability related to a brain dysfunction; or
b. Any other mental or physical impairment or combination of mentalor physical impairments; and
(b) Is manifested before the person attains age twenty-two; and
(c) Is likely to continue indefinitely; and
(d) Results in substantial functional limitations in two or more ofthe following areas of major life activities:
a. Self-care;
b. Receptive and expressive language development and use;
c. Learning;
d. Self-direction;
e. Capacity for independent living or economic self-sufficiency;
f. Mobility; and
(e) Reflects the person's need for a combination and sequence ofspecial, interdisciplinary, or generic care, habilitation or other serviceswhich may be of lifelong or extended duration and are individually plannedand coordinated;
(10) "Director", the director of the department of mental health, orhis designee;
(11) "Domiciled in Missouri", a permanent connection between anindividual and the state of Missouri, which is more than mere residence inthe state; it may be established by the individual being physically presentin Missouri with the intention to abandon his previous domicile and toremain in Missouri permanently or indefinitely;
(12) "Drug abuse", the use of any drug without compelling medicalreason, which use results in a temporary mental, emotional or physicalimpairment and causes socially dysfunctional behavior, or in psychologicalor physiological dependency resulting from continued use, which dependencyinduces a mental, emotional or physical impairment and causes sociallydysfunctional behavior;
(13) "Habilitation", a process of treatment, training, care orspecialized attention which seeks to enhance and maximize the mentallyretarded or developmentally disabled person's abilities to cope with theenvironment and to live as normally as possible;
(14) "Habilitation center", a residential facility operated by thedepartment and serving only persons who are mentally retarded, includingdevelopmentally disabled;
(15) "Head of the facility", the chief administrative officer, or hisdesignee, of any residential facility;
(16) "Head of the program", the chief administrative officer, or hisdesignee, of any day program;
(17) "Individualized habilitation plan", a document which sets forthhabilitation goals and objectives for mentally retarded or developmentallydisabled residents and clients, and which details the habilitation programas required by law, rules and funding sources;
(18) "Individualized rehabilitation plan", a document which setsforth the care, treatment and rehabilitation goals and objectives forpatients and clients affected by alcohol or drug abuse, and which detailsthe rehabilitation program as required by law, rules and funding sources;
(19) "Individualized treatment plan", a document which sets forth thecare, treatment and rehabilitation goals and objectives for mentallydisordered or mentally ill patients and clients, and which details thetreatment program as required by law, rules and funding sources;
(20) "Investigator", an employee or contract agent of the departmentof mental health who is performing an investigation regarding an allegationof abuse or neglect or an investigation at the request of the director ofthe department of mental health or his designee;
(21) "Least restrictive environment", a reasonably available settingor mental health program where care, treatment, habilitation orrehabilitation is particularly suited to the level and quality of servicesnecessary to implement a person's individualized treatment, habilitation orrehabilitation plan and to enable the person to maximize his functioningpotential to participate as freely as feasible in normal living activities,giving due consideration to potentially harmful effects on the person andthe safety of other facility or program clients and public safety. Forsome mentally disordered or mentally retarded persons, the leastrestrictive environment may be a facility operated by the department, aprivate facility, a supported community living situation, or an alternativecommunity program designed for persons who are civilly detained foroutpatient treatment or who are conditionally released pursuant to chapter632, RSMo;
(22) "Mental disorder", any organic, mental or emotional impairmentwhich has substantial adverse effects on a person's cognitive, volitionalor emotional function and which constitutes a substantial impairment in aperson's ability to participate in activities of normal living;
(23) "Mental illness", a state of impaired mental processes, whichimpairment results in a distortion of a person's capacity to recognizereality due to hallucinations, delusions, faulty perceptions or alterationsof mood, and interferes with an individual's ability to reason, understandor exercise conscious control over his actions. The term "mental illness"does not include the following conditions unless they are accompanied by amental illness as otherwise defined in this subdivision:
(a) Mental retardation, developmental disability or narcolepsy;
(b) Simple intoxication caused by substances such as alcohol ordrugs;
(c) Dependence upon or addiction to any substances such as alcohol ordrugs;
(d) Any other disorders such as senility, which are not of anactively psychotic nature;
(24) "Mental retardation", significantly subaverage generalintellectual functioning which:
(a) Originates before age eighteen; and
(b) Is associated with a significant impairment in adaptive behavior;
(25) "Minor", any person under the age of eighteen years;
(26) "Patient", an individual under observation, care, treatment orrehabilitation by any hospital or other mental health facility or mentalhealth program pursuant to the provisions of chapter 632, RSMo;
(27) "Psychosurgery",
(a) Surgery on the normal brain tissue of an individual not sufferingfrom physical disease for the purpose of changing or controlling behavior;or
(b) Surgery on diseased brain tissue of an individual if the soleobject of the surgery is to control, change or affect behavioraldisturbances, except seizure disorders;
(28) "Rehabilitation", a process of restoration of a person's abilityto attain or maintain normal or optimum health or constructive activitythrough care, treatment, training, counseling or specialized attention;
(29) "Residence", the place where the patient has last generallylodged prior to admission or, in case of a minor, where his family has solodged; except, that admission or detention in any facility of thedepartment shall not be deemed an absence from the place of residence andshall not constitute a change in residence;
(30) "Resident", a person receiving residential services from afacility, other than mental health facility, operated, funded or licensedby the department;
(31) "Residential facility", any premises where residentialprevention, evaluation, care, treatment, habilitation or rehabilitation isprovided for persons affected by mental disorders, mental illness, mentalretardation, developmental disabilities or alcohol or drug abuse; exceptthe person's dwelling;
(32) "Specialized service", an entity which provides prevention,evaluation, transportation, care, treatment, habilitation or rehabilitationservices to persons affected by mental disorders, mental illness, mentalretardation, developmental disabilities or alcohol or drug abuse;
(33) "Vendor", a person or entity under contract with the department,other than as a department employee, who provides services to patients,residents or clients;
(34) "Vulnerable person", any person in the custody, care, or controlof the department that is receiving services from an operated, funded,licensed, or certified program.
(L. 1980 H.B. 1724, A.L. 1981 H.B. 399, A.L. 1982 H.B. 1565, A.L. 1990 H.B. 1383, S.B. 808 & 672, A.L. 1993 S.B. 388, A.L. 1995 H.B. 574, A.L. 1996 S.B. 884 & 841, A.L. 2007 S.B. 3)