§348-2  Definitions.  For the
purposes of this chapter:



(1)  The term "handicapped individual" means
an individual who is under a physical or mental disability which is stable or
slowly progressive and constitutes a substantial handicap to employment, but
which is of such a nature that appropriate vocational rehabilitation services
may reasonably be expected to render the individual able to engage in a
remunerative 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 than
cash, sheltered employment and home industry or other homebound work of a
remunerative 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 rehabilitation
is determined feasible by the department of human services, and when used with
respect to other vocational rehabilitation services, means an individual
meeting the above requirements who is also found by the department to require
financial assistance with respect thereto, after full consideration of the
individual's financial resources, or in the instance of minors the financial
resources of the parents, and eligibility for any similar benefit by way of
pension, compensation, insurance, or of any other available assistance.



(4)  The term "vocational rehabilitation
services" means:



(A)  Diagnostic and related services (including
transportation) incidental to the determination of whether an individual is a
handicapped individual, and if so, the individual's eligibility for, and the
nature and scope of other vocational rehabilitation services to be provided;
and



(B)  The following services provided eligible
handicapped individuals needing the services:



(i)  Training;



(ii)  Guidance;



(iii)  Placement;



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



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



(vi)  Transportation (other than provided as
diagnostic and related services);



(vii)  Physical restoration;



(viii)  Reader services for the blind;



(ix)  Interpreter services for the deaf;



(x)  Telecommunications, sensory, or other
technological aids and devices;



(xi)  Services to family members;



(xii)  Post employment services;



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



(5)  The term "physical restoration"
includes:



(A)  Corrective surgery or therapeutic
treatment necessary to correct or substantially modify a physical or mental
condition which is stable or slowly progressive and constitutes a substantial
handicap to employment, but is of such a nature that the correction or
modification may reasonably be expected to eliminate or substantially reduce
the handicap within a reasonable length of time; and includes psychiatric
treatment, dentistry, physical therapy, occupational therapy, speech or hearing
therapy, treatment of medical complications, and emergencies which are
associated with or arise out of physical restoration services or are inherent
in the condition under treatment, and other medical services related to
rehabilitation;



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



(C)  Prosthetic devices essential to obtaining
or retaining employment.



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



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



(8)  The term "health maintenance" means
payments for medical care for acute conditions occurring in the course of
vocational 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 to
engage in, and placement in, a remunerative occupation through providing the
individual needed vocational rehabilitation services.



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



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



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



(ii)  Prevocational or conditioning therapy;



(iii)  Physical or occupational therapy;



(iv)  Adjustment training;



(v)  Evaluation or control of special
disabilities; or



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



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



(12)  The term "nonprofit", when used with
respect to a rehabilitation facility or a workshop, means a rehabilitation
facility and a workshop, respectively, owned and operated by a corporation or
association, no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual and the income
of which is exempt from taxation under section 501(c) of the Internal Revenue
Code.



(13)  "Establishment of a workshop or
rehabilitation facility" means:



(A)  In the case of a workshop, the expansion,
remodeling, or alteration of existing buildings, necessary to adapt the
buildings to workshop purposes or to increase the employment opportunities in
workshops, and the acquisition of initial equipment necessary for new workshops
or 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 initial
equipment of such buildings, necessary to adapt the buildings to rehabilitation
facility purposes (subject, however, to such limitations as the director of
human services may by regulations prescribe in order to prevent impairment of
the objectives of, or duplication of, other federal laws providing federal
assistance to states in the construction of such facilities), and initial
staffing thereof.



(14)  "Department" means the department of
human services.



(15)  "Director" means the director of human
services. [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]