§348-2  Definitions.  For thepurposes of this chapter:

(1)  The term "handicapped individual" meansan individual who is under a physical or mental disability which is stable orslowly progressive and constitutes a substantial handicap to employment, butwhich is of such a nature that appropriate vocational rehabilitation servicesmay reasonably be expected to render the individual able to engage in aremunerative occupation.

(2)  The term "remunerative occupation"includes employment as an employee or self-employed, practice of a profession,homemaking, or farm and family work for which payment is in kind rather thancash, sheltered employment and home industry or other homebound work of aremunerative nature.

(3)  The term "eligible handicapped individual",when used with respect to diagnostic and related services, training, guidance,and placement, means any handicapped individual whose vocational rehabilitationis determined feasible by the department of human services, and when used withrespect to other vocational rehabilitation services, means an individualmeeting the above requirements who is also found by the department to requirefinancial assistance with respect thereto, after full consideration of theindividual's financial resources, or in the instance of minors the financialresources of the parents, and eligibility for any similar benefit by way ofpension, compensation, insurance, or of any other available assistance.

(4)  The term "vocational rehabilitationservices" means:

(A)  Diagnostic and related services (includingtransportation) incidental to the determination of whether an individual is ahandicapped individual, and if so, the individual's eligibility for, and thenature and scope of other vocational rehabilitation services to be provided;and

(B)  The following services provided eligiblehandicapped individuals needing the services:

(i)  Training;

(ii)  Guidance;

(iii)  Placement;

(iv)  Maintenance, not exceeding the estimatedcosts of subsistence during vocational rehabilitation;

(v)  Occupational licenses, tools, equipment,initial stocks, and supplies (including equipment and initial stocks andsupplies for vending stands), books, and training materials;

(vi)  Transportation (other than provided asdiagnostic and related services);

(vii)  Physical restoration;

(viii)  Reader services for the blind;

(ix)  Interpreter services for the deaf;

(x)  Telecommunications, sensory, or othertechnological aids and devices;

(xi)  Services to family members;

(xii)  Post employment services;

(xiii)  Other goods and services which will benefitan individual's employability.

(5)  The term "physical restoration"includes:

(A)  Corrective surgery or therapeutictreatment necessary to correct or substantially modify a physical or mentalcondition which is stable or slowly progressive and constitutes a substantialhandicap to employment, but is of such a nature that the correction ormodification may reasonably be expected to eliminate or substantially reducethe handicap within a reasonable length of time; and includes psychiatrictreatment, dentistry, physical therapy, occupational therapy, speech or hearingtherapy, treatment of medical complications, and emergencies which areassociated with or arise out of physical restoration services or are inherentin the condition under treatment, and other medical services related torehabilitation;

(B)  Necessary hospitalization (eitherin-patient or out-patient) and nursing care in connection with surgery ortreatment specified in the preceding subparagraph (A);

(C)  Prosthetic devices essential to obtainingor retaining employment.

(6)  The term "prosthetic appliance" meansany appliance designed to support or take the place of a part of the body, orto increase the acuity of a sensory organ.

(7)  The term "maintenance" means payments,not exceeding the cost of subsistence, provided an eligible handicappedindividual necessary to derive the benefit of other vocational rehabilitationservices being provided to achieve the individual's vocational rehabilitationobjective.

(8)  The term "health maintenance" meanspayments for medical care for acute conditions occurring in the course ofvocational rehabilitation which are not expected to last thirty days.

(9)  The term "vocational rehabilitation"means making an individual able, or increasing the individual's ability toengage in, and placement in, a remunerative occupation through providing theindividual needed vocational rehabilitation services.

(10)  The term "rehabilitation facility"means a facility operated for the primary purpose of assisting in therehabilitation of handicapped individuals:

(A)  Which provides one or more of thefollowing types of services:

(i)  Testing, fitting, or training in the use ofprosthetic devices;

(ii)  Prevocational or conditioning therapy;

(iii)  Physical or occupational therapy;

(iv)  Adjustment training;

(v)  Evaluation or control of specialdisabilities; or

(B)  Through which is provided an integratedprogram of medical, psychological, social, and vocational evaluation andservices under competent professional supervision.

(11)  The term "workshop" means a place whereany manufacture or handiwork is carried on and which is operated for theprimary purpose of providing remunerative employment to severely handicappedindividuals who cannot be readily absorbed in the competitive labor market.

(12)  The term "nonprofit", when used withrespect to a rehabilitation facility or a workshop, means a rehabilitationfacility and a workshop, respectively, owned and operated by a corporation orassociation, no part of the net earnings of which inures, or may lawfullyinure, to the benefit of any private shareholder or individual and the incomeof which is exempt from taxation under section 501(c) of the Internal RevenueCode.

(13)  "Establishment of a workshop orrehabilitation facility" means:

(A)  In the case of a workshop, the expansion,remodeling, or alteration of existing buildings, necessary to adapt thebuildings to workshop purposes or to increase the employment opportunities inworkshops, and the acquisition of initial equipment necessary for new workshopsor to increase the employment opportunities in workshops; and

(B)  In the case of a rehabilitation facility,the expansion, remodeling, or alteration of existing buildings, and initialequipment of such buildings, necessary to adapt the buildings to rehabilitationfacility purposes (subject, however, to such limitations as the director ofhuman services may by regulations prescribe in order to prevent impairment ofthe objectives of, or duplication of, other federal laws providing federalassistance to states in the construction of such facilities), and initialstaffing thereof.

(14)  "Department" means the department ofhuman services.

(15)  "Director" means the director of humanservices. [L 1955, c 231, pt of §2; RL 1955, §42-31; am L Sp 1959 2d, c 1, §18;am L 1965, c 175, §§3, 40; HRS §348-2; am L 1970, c 105, §5; am L 1979, c 188,§1(2) and c 228, §3; am L 1980, c 116, §1; gen ch 1985; am L 1987, c 339, §4]