Iowa Admin. Code r. 441-28.1

Current through Register Vol. 47, No. 11, December 11, 2024
Rule 441-28.1 - Definitions

The definitions in this rule apply to 441-Chapters 28, 29, and 30.

"Admission" means the acceptance of an individual for receipt of services at a state mental health institute or resource center on either a voluntary or involuntary basis.

"Adult" means an individual who is 18 years of age or older.

"Board of supervisors" means the elected governing body of a county as defined in Iowa Code section 331.101.

"Catchment area" means the group of counties, designated by the division administrator, that each state resource center is assigned to serve.

"County of residence" means the same as defined in Iowa Code section 331.394.

"Division administrator" means the administrator of the division of mental health and disability services.

"Facility" means a mental health institute or state resource center referenced in Iowa Code section 218.1.

"Grievance" means a written or oral complaint by or on behalf of an individual involving:

1. A rights violation or unfairness to the individual, or

2. Any aspect of the individual's life with which the individual does not agree.

"Guardian" means the person other than a parent of a minor who has been appointed by the court to have custody of the person of the individual as provided under Iowa Code section 232.2(21) or 633.3(20).

"Individual" means any person seeking or receiving services from a state mental health institute or a state resource center.

"Informed consent" means an agreement by an individual or by the individual's parent, guardian, or legal representative to participate in an activity based upon an understanding of all of the following:

1. A full explanation of the procedures to be followed, including an identification of those that are experimental.

2. A description of the discomforts and risks.

3. A description of the benefits to be expected.

4. A disclosure of appropriate alternative procedures that would be advantageous for the individual.

5. Assurance that consent is given freely and voluntarily without fear of retribution or withdrawal of services.

"Legal representative" means a person, including an attorney, who is authorized by law to act on behalf of an individual.

"Minor" means an individual under the age of 18.

"Non-Medicaid payment-eligible" means that an individual is not eligible for Medicaid funding for the services provided by a mental health institute or state resource center.

"Parent" means a natural or adoptive mother or father of a child but does not include a mother or father whose parental rights have been terminated.

"Regional administrator" means the same as defined in Iowa Code section 331.388.

"Rights" means the human, civil, and constitutional liberties an individual possesses through federal and state constitutions and laws.

"State case" means the determination made under Iowa Code section 331.394 that an individual does not have a county of residence in an Iowa county and places funding responsibility with the state.

"Superintendent" means the superintendent of any of the two mental health institutes and the two state resource centers.

This rule is intended to implement Iowa Code section 218.4.

Iowa Admin. Code r. 441-28.1

ARC 8094B, IAB 9/9/09, effective 11/1/09; ARC 1145C, IAB 10/30/2013, effective 1/1/2014
Amended by IAB June 15, 2022/Volume XLIV, Number 25, effective 8/1/2022