§431M-1  Definitions.  Whenever used in

this chapter, unless the context otherwise requires:

     "Advanced practice registered nurse"

means a person licensed pursuant to chapter 457.

     "Alcohol dependence" means any use of

alcohol which produces a pattern of pathological use causing impairment in

social or occupational functioning or produces physiological dependency

evidenced by physical tolerance or withdrawal.

     "Alcohol or drug dependence outpatient

services" means alcohol or drug dependence nonresidential treatment

provided on an ambulatory basis to patients with alcohol or drug dependence

problems that includes interventions prescribed and performed by qualified

physicians, psychologists, licensed clinical social workers, marriage and

family therapists, licensed mental health [counselors], or advanced practice

registered nurses.  This definition shall not imply a broadening of the scope

of or granting of prescriptive authority privileges, except as otherwise

allowed pursuant to chapter 457.

     "Certified substance abuse counselor"

means a person who is certified pursuant to section 321-193.

     "Day treatment services" means

treatment services provided by a hospital, mental health outpatient facility,

or nonhospital facility to patients who, because of their conditions, require

more than periodic hourly service.  Day treatment services shall be prescribed

by a physician, psychologist, licensed clinical social worker, marriage and

family therapist, licensed mental health counselor, or advanced practice

registered nurse, and carried out under the supervision of a physician,

psychologist, licensed clinical social worker, marriage and family therapist,

licensed mental health counselor, or advanced practice registered nurse.  Day

treatment services require less than twenty-four hours of care and a minimum of

three hours in any one day.

     "Detoxification services" means the

process whereby a person intoxicated by alcohol, drugs, or both, or a person

who is dependent upon alcohol, drugs, or both, is assisted through the period

of time necessary to eliminate, by metabolic or other means, the intoxicating

alcohol or drug dependency factors, as determined by a physician or advanced

practice registered nurse, while keeping the physiological risk to the person

at a minimum.

     "Drug dependence" means any pattern

of pathological use of drugs causing impairment in social or occupational

functioning and producing psychological or physiological dependency or both,

evidenced by physical tolerance or withdrawal.

     "Hospital" means a facility licensed

as a hospital by the department of health and accredited by the Joint

Commission on Accreditation of Health Care Organizations.

     "In-hospital services" means the

provision of medical, nursing, or therapeutic services twenty-four hours a day

in a hospital.

     "Licensed clinical social worker"

means a person who is a licensed clinical social worker pursuant to chapter

467E.

     "Licensed mental health counselor"

means a person:

     (1)  Who engages in the practice of [mental] health

counseling and uses the title of licensed mental health counselor;

     (2)  Who is licensed in mental health counseling

practice pursuant to chapter 453D; and

     (3)  Whose license is in effect and not revoked or

suspended.

     "Marriage and family therapist" means

a person licensed in marriage and family therapy practice pursuant to chapter

451J.

     "Mental health outpatient facility"

means a mental health establishment, clinic, institution, center, or community

mental health center, that provides for the diagnosis, treatment, care, or rehabilitation

of mentally ill persons, that has been accredited by the Joint Commission on

Accreditation of Health Care Organizations or the Commission on Accreditation

of Rehabilitation Facilities or certified by the department of health.

     "Mental health outpatient services"

means mental health nonresidential treatment provided on an ambulatory basis to

patients with mental illness that includes interventions prescribed and

performed by a physician, psychologist, licensed clinical social worker, marriage

and family therapist, licensed mental health counselor, or advanced practice

registered nurse.

     "Mental illness" means a syndrome of

clinically significant psychological, biological, or behavioral abnormalities

that results in personal distress or suffering, impairment of capacity for

functioning, or both.  For the purposes of this chapter, the terms "mental

disorder" and "mental illness" shall be used interchangeably and

shall include the definitions identified in the most recent publications of the

Diagnostic and Statistical Manual of the American Psychiatric Association or

International Classification of Disease.  Epilepsy, senility, intellectual

disability, or other developmental disabilities and addiction to or abuse of

intoxicating substances do not in and of themselves constitute a mental

disorder.

     "Nonhospital facility" means a

facility for the care or treatment of alcohol dependent, drug dependent, or

mentally ill persons, which has been accredited by the Joint Commission on

Accreditation of Health Care Organizations or the Commission on Accreditation

of Rehabilitation Facilities or certified by the department of health and, if

residential, has been licensed as a special treatment facility by the

department of health.

     "Nonhospital residential services" means

the provision of medical, psychological, nursing, counseling, or therapeutic

services to patients suffering from alcohol dependence, drug dependence, or

mental illness by a nonhospital residential facility, according to

individualized treatment plans.

     "Partial hospitalization" 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 shall be prescribed by a physician or psychologist, and

may be prescribed by a licensed clinical social worker, marriage and family

therapist, licensed mental health counselor, or advanced practice registered

nurse in consultation with a physician or psychologist.  Partial

hospitalization requires less than twenty-four hours of care and a minimum of

three hours in any one day.

     "Physician" means a person licensed

in the practice of medicine or osteopathy pursuant to chapter 453.

     "Psychologist" means a person

licensed in the practice of psychology pursuant to chapter 465.

     "Qualified" means:

     (1)  Having skill in the diagnosis or treatment of

substance use disorders, based on a practitioner's credentials, including but

not limited to professional education, clinical training, licensure, board or

other certification, clinical experience, letters of reference, other

professional qualifications, and disciplinary action; or

     (2)  Being a licensed physician, psychologist,

licensed clinical social worker, marriage and family therapist, licensed mental

health counselor, or advanced practice registered nurse, and certified pursuant

to chapter 321.

     "Substance abuse services" means the

provision of medical, psychological, nursing, counseling, or therapeutic

services in response to a treatment plan for alcohol or drug dependence or both

which shall include, when appropriate, a combination of aftercare and

individual, group, and family counseling services provided by qualified staff.

     "Treatment episode" means one

admission to an accredited hospital or nonhospital facility, or office of a

qualified physician, psychologist, licensed clinical social worker, marriage

and family therapist, licensed mental health counselor, or advanced practice registered

nurse for treatment of alcohol or drug dependence, or both, as stipulated in a

prescribed treatment plan and that would generally produce remission in those

who complete the treatment.  The prescribed treatment plan may include the

provision of substance abuse services in more than one location and may include

in-hospital, nonhospital residential, day treatment, or alcohol or drug

dependence outpatient services, or any combination thereof.  An admission for

only detoxification services shall not constitute a treatment episode. [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, c 36, §1, c 121, §§1,

6, and c 215, §1; am L 2000, c 243, §8(2); am L 2001, c 111, §§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, c 206, §2; am L 2009, c

11, §52; am L 2011, c 220, §12; am L 2015, c 35, §47 and c 63, §25]

 

Note

 

  Definition of "partial hospitalization services"

changed to "partial hospitalization".  L 2015, c 63, §25(1).