Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 32.00 - Investigation And Reporting Responsibilities
Section 32.02 - Definitions
For purposes of 104 CMR 32.00, the following terms shall have the following meanings:
Authorized Individual. An individual authorized, in writing, by a client or a client's legally authorized representative to act on behalf of the client in relation to an identified complaint. Such written authorization regarding a complaint shall include allowance for release of protected health information to the individual (consistent with the provisions of the federal Health Information Portability and Accountability Act), allowance for release of the Department case file to the individual, and authorization for the individual to request reconsideration and/or appeal of any decision.
Client. A person who is alleged to have been subjected to an incident or condition that is dangerous, illegal, or inhumane and who is receiving services from the Department or a program or facility operated, licensed or contracted for by the Department at the time of the alleged incident or condition or who received such services within 30 days of the alleged incident or condition.
Clinically Intensive Residential Treatment Program (CIRT). A staff-secure service for children six through 12 years of age managed by the Department and licensed as a group care program by Department of Early Education and Care pursuant to 606 CMR 3.00: Standards for the Licensure or Approval of Residential Programs Serving Children and Teen Parents.
Commissioner's Investigation. An investigation ordered by the Commissioner to address a matter that does not fall within the scope of a Complaint, but which, nonetheless, has significant implications for persons who provide or receive mental health services within the Commonwealth.
Complainant. Any person who files a complaint pursuant to 104 CMR 32.04.
Complaint. A report of an incident or condition filed pursuant to 104 CMR 32.04(1), regardless of whether the incident or condition is also required to be reported to any other entity pursuant to law or policy.
Dangerous. Posing a danger or the potential of danger to the health or safety of a client.
Day. Monday through Friday excluding any legal holiday observed by the state.
Deputy Commissioner. The Deputy Commissioner for Mental Health Services, or Deputy Commissioner for Child/Youth and Family Services, unless otherwise specified.
Director of Licensing. The person(s) responsible for the Department's facility or community licensing activities.
Director of Statewide Program Management. The person responsible for management of Intensive Residential Treatment Programs (IRTPs) and Clinically Intensive Residential Treatment Programs (CIRTs) and any Department contracted inpatient unit for facility for children or adolescents.
Employee. An individual working for the Department or at a program or facility subject to 104 CMR 32.00.
Human Rights Committee. A committee established to protect the rights of clients at a program or facility.
Human Rights Officer. The person designated as the Human Rights Officer for a program or facility.
Illegal. A violation of state or federal statute, regulation, case law or other law.
Inhumane. Demeaning to a client or inconsistent with the proper regard for human dignity.
Intensive Residential Treatment Program (IRTP). A locked residential facility for adolescents licensed as a Class VII facility pursuant to 104 CMR 27.04: Licensing; Intensive Residential Treatment Programs (IRTP).
Legally Authorized Representative. As provided in 104 CMR 25.02, the legally authorized representative (LAR) is a guardian, or other fiduciary 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.
Medicolegal Death. Either or both of the following:
(a) any death required by M.G.L. c. 38, § 3, to be reported to the Medical Examiner.
(b) a death in which the Medical Examiner takes jurisdiction.
Office of Inpatient Management. The office within the Department responsible for management of DMH's state operated adult inpatient facilities, except for its Community Mental Health Centers with inpatient units, and for setting standards of practice for all such facilities, including its Community Mental Health Centers with inpatient units and contracted inpatient facilities and units.
Office of Investigations. The office within the Department responsible for conducting certain investigations under 104 CMR 32.00.
Party means:
(a) a client;
(b) any person complained of or found to be responsible for any incident or condition subject to review under 104 CMR 32.00; provided however, that for purposes of 104 CMR 32.00, a recipient of a service from the Department or a program or facility contracted for, by the Department shall not be deemed a party by virtue of being complained of or found to be responsible for any such incident or condition;
(c) the legally authorized representative of the client, but only to the extent of the legally authorized representative's legal authority;
(d) an Authorized Individual;
(e) the Person in Charge of the Department office or contracted for or licensed program or facility, as applicable;
(f) the Human Rights Officer of the involved program or facility;
(g) the Human Rights Committee of the involved program or facility, if it files the original complaint or files a notice to intervene with the Person in Charge; and
(h) in the event of a client death, the duly appointed personal representative of the decedent's estate or other individual with legal authority to access the Department case file and to act on behalf of the decedent.
Person in Charge. The person having the day to day responsibility for the management and operation of the applicable Department operated or contracted for or licensed program, facility or office, or the person's designee.
Responsible Person. The individual with responsibility for issuing a decision on a complaint pursuant to 104 CMR 32.04(3), (4) or (5) or on a request for reconsideration pursuant to 104 CMR 32.04(7). Depending on the nature of the complaint, the Responsible Person may be the Area Director, Director of the Office of Inpatient Management, Director of Statewide Program Management, Director of Licensing, Senior Manager or the Person in Charge.
Senior Manager. The Person in Charge of a Department office not within the control of an Area.
Unless otherwise specified, other terms used in 104 CMR 32.00 that are defined in 104 CMR 25.02 shall have the meaning as they are so defined.
