§431M-1 - Definitions.
§431M-1 Definitions. Whenever used inthis chapter, unless the context otherwise requires:
"Advanced practice registered nurse"means a person recognized as such pursuant to chapter 457.
"Alcohol dependence" means any use ofalcohol which produces a pattern of pathological use causing impairment insocial or occupational functioning or produces physiological dependencyevidenced by physical tolerance or withdrawal.
"Alcohol or drug dependence outpatientservices" means alcohol or drug dependence nonresidential treatmentprovided on an ambulatory basis to patients with alcohol or drug dependenceproblems that includes interventions prescribed and performed by qualifiedphysicians, psychologists, licensed clinical social workers, marriage andfamily therapists, licensed mental health counselor, or advanced practiceregistered nurses. This definition shall not imply a broadening of the scopeof or granting of prescriptive authority privileges, except as otherwiseallowed pursuant to chapter 457.
"Certified substance abuse counselor"means a person who is certified pursuant to section 321-193.
"Day treatment services" meanstreatment services provided by a hospital, mental health outpatient facility,or nonhospital facility to patients who, because of their conditions, requiremore than periodic hourly service. Day treatment services shall be prescribedby a physician, psychologist, licensed clinical social worker, marriage andfamily therapist, licensed mental health counselor, or advanced practice registerednurse, and carried out under the supervision of a physician, psychologist,licensed clinical social worker, marriage and family therapist, licensed mentalhealth counselor, or advanced practice registered nurse. Day treatmentservices require less than twenty-four hours of care and a minimum of threehours in any one day.
"Detoxification services" means theprocess whereby a person intoxicated by alcohol, drugs, or both, or a personwho is dependent upon alcohol, drugs, or both, is assisted through the periodof time necessary to eliminate, by metabolic or other means, the intoxicatingalcohol or drug dependency factors, as determined by a physician or advancedpractice registered nurse, while keeping the physiological risk to the personat a minimum.
"Drug dependence" means any patternof pathological use of drugs causing impairment in social or occupationalfunctioning and producing psychological or physiological dependency or both,evidenced by physical tolerance or withdrawal.
"Hospital" means a facility licensedas a hospital by the department of health and accredited by the JointCommission on Accreditation of Health Care Organizations.
"In-hospital services" means theprovision of medical, nursing, or therapeutic services twenty-four hours a dayin a hospital.
"Licensed clinical social worker"means a person who is a licensed clinical social worker pursuant to chapter467E.
"Licensed mental health counselor"means a person:
(1) Who engages in the practice of [mental] healthcounseling and uses the title of licensed mental health counselor;
(2) Who is licensed in mental health counselingpractice pursuant to chapter 453D; and
(3) Whose license is in effect and not revoked orsuspended.
"Marriage and family therapist" meansa person licensed in marriage and family therapy practice pursuant to chapter451J.
"Mental health outpatient facility"means a mental health establishment, clinic, institution, center, or communitymental health center, that provides for the diagnosis, treatment, care, orrehabilitation of mentally ill persons, that has been accredited by the JointCommission on Accreditation of Health Care Organizations or the Commission onAccreditation of Rehabilitation Facilities or certified by the department ofhealth.
"Mental health outpatient services"means mental health nonresidential treatment provided on an ambulatory basis topatients with mental illness that includes interventions prescribed andperformed by a physician, psychologist, licensed clinical social worker, marriageand family therapist, licensed mental health counselor, or advanced practiceregistered nurse.
"Mental illness" means a syndrome ofclinically significant psychological, biological, or behavioral abnormalitiesthat results in personal distress or suffering, impairment of capacity forfunctioning, or both. For the purposes of this chapter, the terms "mentaldisorder" and "mental illness" shall be used interchangeably andshall include the definitions identified in the most recent publications of theDiagnostic and Statistical Manual of the American Psychiatric Association orInternational Classification of Disease. Epilepsy, senility, mentalretardation, or other developmental disabilities and addiction to or abuse ofintoxicating substances do not in and of themselves constitute a mentaldisorder.
"Nonhospital facility" means afacility for the care or treatment of alcohol dependent, drug dependent, ormentally ill persons, which has been accredited by the Joint Commission onAccreditation of Health Care Organizations or the Commission on Accreditationof Rehabilitation Facilities or certified by the department of health and, ifresidential, has been licensed as a special treatment facility by thedepartment of health.
"Nonhospital residential services"means the provision of medical, psychological, nursing, counseling, ortherapeutic services to patients suffering from alcohol dependence, drugdependence, or mental illness by a nonhospital residential facility, accordingto individualized treatment plans.
"Partial hospitalization services"means treatment services, including in-hospital treatment services or benefits,provided by a hospital or mental health outpatient facility to patients who,because of their conditions, require more than periodic hourly service. Partial hospitalization services shall be prescribed by a physician orpsychologist, and may be prescribed by a licensed clinical social worker,marriage and family therapist, licensed mental health counselor, or advancedpractice registered nurse in consultation with a physician or psychologist. Partial hospitalization services require less than twenty-four hours of careand a minimum of three hours in any one day.
"Physician" means a person licensedin the practice of medicine or osteopathy pursuant to chapter 453.
"Psychologist" means a personlicensed in the practice of psychology pursuant to chapter 465.
"Qualified" means:
(1) Having skill in the diagnosis or treatment ofsubstance use disorders, based on a practitioner's credentials, including butnot limited to professional education, clinical training, licensure, board orother certification, clinical experience, letters of reference, otherprofessional qualifications, and disciplinary action; or
(2) Being a licensed physician, psychologist,licensed clinical social worker, marriage and family therapist, licensed mentalhealth counselor, or advanced practice registered nurse, and certified pursuantto chapter 321.
"Serious mental illness" means amental disorder consisting of at least one of the following: schizophrenia,schizo-affective disorder, bipolar types I and II, obsessive compulsivedisorder, dissociative disorder, delusional disorder, and major depression, asdefined in the most recent version of the Diagnostic and Statistical Manual ofthe American Psychiatric Association and which is of sufficient severity toresult in substantial interference with the activities of daily living.
"Substance abuse services" means theprovision of medical, psychological, nursing, counseling, or therapeuticservices in response to a treatment plan for alcohol or drug dependence or bothwhich shall include, when appropriate, a combination of aftercare andindividual, group, and family counseling services provided by qualified staff.
"Treatment episode" means oneadmission to an accredited hospital or nonhospital facility, or office of aqualified physician, psychologist, licensed clinical social worker, marriageand family therapist, licensed mental health counselor, or advanced practiceregistered nurse for treatment of alcohol or drug dependence, or both, asstipulated in a prescribed treatment plan and that would generally produceremission in those who complete the treatment. The prescribed treatment planmay include the provision of substance abuse services in more than one locationand may include in-hospital, nonhospital residential, day treatment, or alcoholor drug dependence outpatient services, or any combination thereof. Anadmission for only detoxification services shall not constitute a treatmentepisode. [L 1988, c 202, pt of §1, §3; am L 1991, c 90, §1; am L 1994, c 111,§§1, 4; am L 1997, c 247, §1 and c 273, §1; am L 1998, c 78, §3; am L 1999, c36, §1, c 121, §§1, 6, and c 215, §1; am L 2000, c 243, §8(2); am L 2001, c111, §§1, 2, 4; am L 2002, c 167, §3 and c 239, §1; am L 2003, c 197, §§2, 3;am L 2005, c 140, §1; am L 2006, c 205, §2; am L 2007, c 38, §1; am L 2008, c206, §2; am L 2009, c 11, §52]
Note
The 2009 amendment is retroactive to April 3, 2008. L 2009,c 11, §76(2).