TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 4

TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED

66-402.  Definitions. As used in this chapter:

(1)  "Adult" means an individual eighteen (18) years of age or older.

(2)  "Artificial life-sustaining procedures" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include the performance of any medical procedure deemed necessary to alleviate pain, or any procedure that could be expected to result in the recovery or long-term survival of the patient and his restoration to consciousness.

(3)  "Department" means the Idaho department of health and welfare.

(4)  "Director" means the director of the department of health and welfare.

(5)  "Developmental disability" means a chronic disability of a person that appears before the age of twenty-two (22) and:

(a)  Is attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one (1) of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments; and

(b)  Results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and

(c)  Reflects the need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and individually planned and coordinated.

(6)  "Emancipated minor" means an individual between fourteen (14) and eighteen (18) years of age who has been married or whose circumstances indicate that the parent-child relationship has been renounced.

(7)  "Evaluation committee" means an interdisciplinary team of at least three (3) individuals designated by the director or his designee to evaluate an individual as required by the provisions of this chapter. Each committee must include a physician licensed to practice medicine in the state of Idaho, a licensed social worker or a licensed professional counselor, and a clinical psychologist or such other individual who has a master’s degree in psychology as designated by the department director. In a proceeding governed by section 66-404, Idaho Code, a licensed independent practitioner may be used instead of a physician. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.

(8)  "Facility" means the southwest Idaho treatment center, a nursing facility, an intermediate care facility, an intermediate care facility for people with intellectual disabilities, a licensed residential or assisted living facility, a group foster home, other organizations licensed to provide twenty-four (24) hour care, treatment and training to the developmentally disabled, a mental health center, or an adult and child development center.

(9)  "Lacks capacity to make informed decisions" means the inability, by reason of developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision, after conscientious efforts at explanation, but shall not be evidenced by improvident decisions within the discretion allowed nondevelopmentally disabled individuals.

(10) "Licensed independent practitioner" or "LIP" means:

(a)  A licensed physician or physician assistant pursuant to section 54-1803, Idaho Code; or

(b)  A licensed advanced practice registered nurse pursuant to section 54-1402, Idaho Code.

(11) "Likely to injure himself or others" means:

(a)  A substantial risk that physical harm will be inflicted by the respondent upon his own person as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or

(b)  A substantial risk that physical harm will be inflicted by the respondent upon another as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(c)  That the respondent is unable to meet essential requirements for physical health or safety.

(12) "Manage financial resources" means the actions necessary to obtain, administer and dispose of real, personal, intangible or business property, benefits and/or income.

(13) "Meet essential requirements for physical health or safety" means the actions necessary to provide health care, food, clothing, shelter, personal hygiene and/or other care without which serious physical injury or illness would occur.

(14) "Minor" means an individual under age eighteen (18) years.

(15) "Protection and advocacy system" means the agency designated by the governor of the state of Idaho to provide advocacy services for people with disabilities pursuant to 42 U.S.C. 6042.

(16) "Respondent" means the individual subject to judicial proceedings authorized by the provisions of this chapter.

History:

[66-402, added 1982, ch. 59, sec. 7, p. 97; am. 1989, ch. 193, sec. 16, p. 487; am. 1999, ch. 293, sec. 1, p. 733; am. 2000, ch. 274, sec. 151, p. 888; am. 2006, ch. 284, sec. 1, p. 872; am. 2010, ch. 235, sec. 58, p. 598; am. 2011, ch. 102, sec. 8, p. 264; am. 2017, ch. 273, sec. 5, p. 717; am. 2020, ch. 11, sec. 1, p. 17.]