Mont. Code § 53-7-301

Current through the 2023 Regular Session

Section 53-7-301 - Definitions

As used in this part, the following definitions apply:

(1)

(a) "Blindness" means a visual disability in which:

(i) a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

(ii) a person's visual field at the widest diameter subtends an angle no greater than 20 degrees.

(b) The term includes any visual disability that, in the determination of the department, renders vision seriously defective or causes blindness.

(2) "Department" means the department of public health and human services provided for in 2-15-2201.

(3) "Independent living" means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(4) "Low vision" means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult.

(5) "Maintenance" means money payments made in accordance with 53-7-310.

(6) "Occupational license" means a license, permit, or other written authority required by any governmental unit to engage in an occupation.

(7) "Person with a disability" means the same as "individual with a disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(8)(A), as may be amended. The term includes any individual who lacks occupational or vocational achievement because of the presence of a physical or mental disability.

(8)

(a) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances.

(b) The term does not include curative treatment for acute or transitory medical conditions unless necessary to maintain a person's health in order to complete a rehabilitation plan.

(9) "Prosthetic appliance" means an artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(10) "Rehabilitation engineering" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. The barriers may exist in the areas of education, rehabilitation, employment, transportation, independent living, and recreation.

(11) "Rehabilitation plan" means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable.

(12) "Rehabilitation training" means training provided to a person with blindness or low vision to overcome the person's impediment to employment, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.

(13) "Vocational rehabilitation" means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person to the extent possible to become independent and productive or employable.

(14) "Vocational rehabilitation services" means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person.

§ 53-7-301, MCA

(1), (2), (4) thru (10)En. Sec. 1, Ch. 167, L. 1955; amd. Sec. 33, Ch. 121, L. 1974; amd. Sec. 37, Ch. 37, L. 1977; Sec. 71-1401, R.C.M.; (3)En. 71-201.1 by Sec. 19, Ch. 121, L. 1974; Sec. 71-201.1, R.C.M. 1947; R.C.M. 1947, 71-201.1(1), 71-1401; amd. Sec. 7, Ch. 396, L. 1989; amd. Sec. 2, Ch. 326, L. 1993; amd. Sec. 461, Ch. 546, L. 1995; amd. Sec. 241, Ch. 42, L. 1997; amd. Sec. 56, Ch. 472, L. 1997.