Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 25.00 - Authority, Mission, And Definitions
Section 25.02 - Definitions

The following terms shall have the following meanings throughout 104 CMR, unless the context clearly provides otherwise or a different meaning is assigned within a particular chapter of the regulations. Definitions applicable only to a particular chapter are found within the chapter. The intent and meaning of all words, phrases and provisions of the regulations within 104 CMR shall be solely within the authority of the Department of Mental Health, unless otherwise required by law.

Adult. Any person who has attained 18 years of age.

Area. The geographic subdivision within the state that is responsible for providing access to comprehensive mental health services for individuals within its boundaries.

Area Director. The individual with responsibility for the administration and operation of the Department's activities within an area.

Area Office. The principal administrative office within each area.

Commissioner. The Commissioner of the Department of Mental Health.

Department. The Department of Mental Health.

Department Facility. A facility designated as a facility under the control of the Department pursuant to 104 CMR 26.02: Designation of Departmental Facilities.

Facility. A Department-operated hospital, community mental health center with inpatient unit, or psychiatric unit within a public health hospital; a Department-licensed psychiatric hospital; a Department-licensed psychiatric unit within a general hospital; or an intensive residential treatment program for adolescents that is either designated as a facility under the control of the Department or licensed by the Department.

Facility Director or Director of a Facility. The superintendent, chief operating officer, or other head of a facility, who may petition the district or juvenile court for commitment pursuant to M.G.L. c. 123, and who may take such other action as is authorized or required of the superintendent pursuant to M.G.L. c. 123.

Form Shall Include Both Paper and Electronic Versions. Whenever any documentation under 104 CMR is required to be on a form approved by the Department or the Commissioner, an electronic version of such form containing all required information may be utilized.

Incapable. An individual who has not been adjudicated as incapacitated, but who is believed to be incapable of making informed decisions.

Legally Authorized Representative (LAR). A guardian, representative payee, or other fiduciary including a healthcare agent acting pursuant to and under a properly invoked healthcare proxy, or, in the case of a minor, the parent(s) or other individual or entity with legal custody of the minor. The authority of a LAR is limited to the scope of such LAR's appointment or designation.

Minor. Any person younger than 18 years old.

Program or Mental Health Program. Community-based mental health programs or services licensed, contracted for, or operated by the Department.

Program Director. The person with day-to-day responsibility for the mental health program.