State Codes and Statutes

Statutes > Rhode-island > Title-40-1 > Chapter-40-1-5 > 40-1-5-2

SECTION 40.1-5-2

   § 40.1-5-2  Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in any printed forms prepared by thedepartment or the director, unless otherwise expressly stated, or unless thecontext or subject matter otherwise requires:

   (1) "Alternatives to admission or certification" meansalternatives to a particular facility or treatment program, and shall include,but not be limited to, voluntary or court-ordered outpatient treatment, daytreatment in a hospital, night treatment in a hospital, placement in thecustody of a friend or relative, placement in a nursing home, referral to acommunity mental health clinic and home health aide services, or any otherservices that may be deemed appropriate.

   (2) "Care and treatment" means psychiatric care, togetherwith such medical, nursing, psychological, social, rehabilitative, andmaintenance services as may be required by a patient in association with thepsychiatric care provided pursuant to an individualized treatment plan recordedin the patient's medical record.

   (3) "Department" means the state department of mental health,retardation, and hospitals.

   (4) "Director" means the director of the state department ofmental health, retardation, and hospitals.

   (5) "Facility" means a state hospital or psychiatricinpatient facility in the department, a psychiatric inpatient facilitymaintained by a political subdivision of the state for the care and/ortreatment of the mentally disabled, a general or specialized hospitalmaintaining staff and facilities for such purpose, any of the several communitymental health services established pursuant to chapter 8.5 of this title, andany other facility within the state providing inpatient psychiatric care and/ortreatment and approved by the director upon application of this facility.Included within this definition shall be all hospitals, institutions,facilities, and services under the control and direction of the director andthe department, as provided in this chapter. Nothing contained herein shall beconstrued to amend or repeal any of the provisions of chapter 16 of title 23.

   (6) "Indigent person" means a person who has not sufficientproperty or income to support himself or herself, and to support the members ofhis or her family dependent upon him or her for support, and/or is unable topay the fees and costs incurred pursuant to any legal proceedings conductedunder the provisions of this chapter.

   (7) "Likelihood of serious harm" means:

   (i) A substantial risk of physical harm to the person himselfor herself as manifested by behavior evidencing serious threats of, or attemptsat, suicide;

   (ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior; or

   (iii) A substantial risk of physical harm to the mentallydisabled person as manifested by behavior which has created a grave, clear, andpresent risk to his or her physical health and safety.

   (iv) In determining whether there exists a likelihood ofserious harm the physician and the court may consider previous acts, diagnosis,words or thoughts of the patient. If a patient has been incarcerated, orinstitutionalized, or in a controlled environment of any kind, the court maygive great weight to such prior acts, diagnosis, words, or thoughts.

   (8) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations, or to care for his or her own personalneeds, is significantly impaired.

   (9) "Mental health professional" means a psychiatrist,psychologist, or social worker and such other persons, including psychiatricnurse clinicians, as may be defined by rules and regulations promulgated by thedirector.

   (10) "Patient" means a person certified or admitted to afacility according to the provisions of this chapter.

   (11) "Physician" means a person duly licensed to practicemedicine or osteopathy in this state.

   (12) "Psychiatric nurse clinician" means a licensedprofessional registered nurse with a master's degree in psychiatric nursing orrelated field who is currently working in the mental health field as defined bythe American Nurses Association.

   (13) "Psychiatrist" means a person duly licensed to practicemedicine or osteopathy in this state who has in addition completed three (3)years of graduate psychiatric training in a program approved by the AmericanMedical Association or American Osteopathic Association.

   (14) "Psychologist" means a person certified pursuant tochapter 44 of title 5.

   (15) "Social worker" means a person with a masters or furtheradvanced degree from a school of social work, which is accredited by thecouncil of social work education.

State Codes and Statutes

Statutes > Rhode-island > Title-40-1 > Chapter-40-1-5 > 40-1-5-2

SECTION 40.1-5-2

   § 40.1-5-2  Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in any printed forms prepared by thedepartment or the director, unless otherwise expressly stated, or unless thecontext or subject matter otherwise requires:

   (1) "Alternatives to admission or certification" meansalternatives to a particular facility or treatment program, and shall include,but not be limited to, voluntary or court-ordered outpatient treatment, daytreatment in a hospital, night treatment in a hospital, placement in thecustody of a friend or relative, placement in a nursing home, referral to acommunity mental health clinic and home health aide services, or any otherservices that may be deemed appropriate.

   (2) "Care and treatment" means psychiatric care, togetherwith such medical, nursing, psychological, social, rehabilitative, andmaintenance services as may be required by a patient in association with thepsychiatric care provided pursuant to an individualized treatment plan recordedin the patient's medical record.

   (3) "Department" means the state department of mental health,retardation, and hospitals.

   (4) "Director" means the director of the state department ofmental health, retardation, and hospitals.

   (5) "Facility" means a state hospital or psychiatricinpatient facility in the department, a psychiatric inpatient facilitymaintained by a political subdivision of the state for the care and/ortreatment of the mentally disabled, a general or specialized hospitalmaintaining staff and facilities for such purpose, any of the several communitymental health services established pursuant to chapter 8.5 of this title, andany other facility within the state providing inpatient psychiatric care and/ortreatment and approved by the director upon application of this facility.Included within this definition shall be all hospitals, institutions,facilities, and services under the control and direction of the director andthe department, as provided in this chapter. Nothing contained herein shall beconstrued to amend or repeal any of the provisions of chapter 16 of title 23.

   (6) "Indigent person" means a person who has not sufficientproperty or income to support himself or herself, and to support the members ofhis or her family dependent upon him or her for support, and/or is unable topay the fees and costs incurred pursuant to any legal proceedings conductedunder the provisions of this chapter.

   (7) "Likelihood of serious harm" means:

   (i) A substantial risk of physical harm to the person himselfor herself as manifested by behavior evidencing serious threats of, or attemptsat, suicide;

   (ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior; or

   (iii) A substantial risk of physical harm to the mentallydisabled person as manifested by behavior which has created a grave, clear, andpresent risk to his or her physical health and safety.

   (iv) In determining whether there exists a likelihood ofserious harm the physician and the court may consider previous acts, diagnosis,words or thoughts of the patient. If a patient has been incarcerated, orinstitutionalized, or in a controlled environment of any kind, the court maygive great weight to such prior acts, diagnosis, words, or thoughts.

   (8) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations, or to care for his or her own personalneeds, is significantly impaired.

   (9) "Mental health professional" means a psychiatrist,psychologist, or social worker and such other persons, including psychiatricnurse clinicians, as may be defined by rules and regulations promulgated by thedirector.

   (10) "Patient" means a person certified or admitted to afacility according to the provisions of this chapter.

   (11) "Physician" means a person duly licensed to practicemedicine or osteopathy in this state.

   (12) "Psychiatric nurse clinician" means a licensedprofessional registered nurse with a master's degree in psychiatric nursing orrelated field who is currently working in the mental health field as defined bythe American Nurses Association.

   (13) "Psychiatrist" means a person duly licensed to practicemedicine or osteopathy in this state who has in addition completed three (3)years of graduate psychiatric training in a program approved by the AmericanMedical Association or American Osteopathic Association.

   (14) "Psychologist" means a person certified pursuant tochapter 44 of title 5.

   (15) "Social worker" means a person with a masters or furtheradvanced degree from a school of social work, which is accredited by thecouncil of social work education.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-40-1 > Chapter-40-1-5 > 40-1-5-2

SECTION 40.1-5-2

   § 40.1-5-2  Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in any printed forms prepared by thedepartment or the director, unless otherwise expressly stated, or unless thecontext or subject matter otherwise requires:

   (1) "Alternatives to admission or certification" meansalternatives to a particular facility or treatment program, and shall include,but not be limited to, voluntary or court-ordered outpatient treatment, daytreatment in a hospital, night treatment in a hospital, placement in thecustody of a friend or relative, placement in a nursing home, referral to acommunity mental health clinic and home health aide services, or any otherservices that may be deemed appropriate.

   (2) "Care and treatment" means psychiatric care, togetherwith such medical, nursing, psychological, social, rehabilitative, andmaintenance services as may be required by a patient in association with thepsychiatric care provided pursuant to an individualized treatment plan recordedin the patient's medical record.

   (3) "Department" means the state department of mental health,retardation, and hospitals.

   (4) "Director" means the director of the state department ofmental health, retardation, and hospitals.

   (5) "Facility" means a state hospital or psychiatricinpatient facility in the department, a psychiatric inpatient facilitymaintained by a political subdivision of the state for the care and/ortreatment of the mentally disabled, a general or specialized hospitalmaintaining staff and facilities for such purpose, any of the several communitymental health services established pursuant to chapter 8.5 of this title, andany other facility within the state providing inpatient psychiatric care and/ortreatment and approved by the director upon application of this facility.Included within this definition shall be all hospitals, institutions,facilities, and services under the control and direction of the director andthe department, as provided in this chapter. Nothing contained herein shall beconstrued to amend or repeal any of the provisions of chapter 16 of title 23.

   (6) "Indigent person" means a person who has not sufficientproperty or income to support himself or herself, and to support the members ofhis or her family dependent upon him or her for support, and/or is unable topay the fees and costs incurred pursuant to any legal proceedings conductedunder the provisions of this chapter.

   (7) "Likelihood of serious harm" means:

   (i) A substantial risk of physical harm to the person himselfor herself as manifested by behavior evidencing serious threats of, or attemptsat, suicide;

   (ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior; or

   (iii) A substantial risk of physical harm to the mentallydisabled person as manifested by behavior which has created a grave, clear, andpresent risk to his or her physical health and safety.

   (iv) In determining whether there exists a likelihood ofserious harm the physician and the court may consider previous acts, diagnosis,words or thoughts of the patient. If a patient has been incarcerated, orinstitutionalized, or in a controlled environment of any kind, the court maygive great weight to such prior acts, diagnosis, words, or thoughts.

   (8) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations, or to care for his or her own personalneeds, is significantly impaired.

   (9) "Mental health professional" means a psychiatrist,psychologist, or social worker and such other persons, including psychiatricnurse clinicians, as may be defined by rules and regulations promulgated by thedirector.

   (10) "Patient" means a person certified or admitted to afacility according to the provisions of this chapter.

   (11) "Physician" means a person duly licensed to practicemedicine or osteopathy in this state.

   (12) "Psychiatric nurse clinician" means a licensedprofessional registered nurse with a master's degree in psychiatric nursing orrelated field who is currently working in the mental health field as defined bythe American Nurses Association.

   (13) "Psychiatrist" means a person duly licensed to practicemedicine or osteopathy in this state who has in addition completed three (3)years of graduate psychiatric training in a program approved by the AmericanMedical Association or American Osteopathic Association.

   (14) "Psychologist" means a person certified pursuant tochapter 44 of title 5.

   (15) "Social worker" means a person with a masters or furtheradvanced degree from a school of social work, which is accredited by thecouncil of social work education.