2006 Code of Virginia § 51.5-3 - Definitions

51.5-3. Definitions.

As used in this title except where the context requires a different meaningor where it is otherwise provided, the following words shall have the meaningascribed to them:

"Case management" is a dynamic collaborative process that utilizes andbuilds on the strengths and resources of consumers to assist them inidentifying their needs, accessing and coordinating services, and achievingtheir goals. The major collaborative components of case management servicesinclude advocacy, assessment, planning, facilitation, coordination, andmonitoring.

"Case management system" is a central point of contact linking a widevariety of evolving services and supports that are (i) available in a timely,coordinated manner, (ii) physically and programmatically accessible, and(iii) consumer-directed with procedural safeguards to ensure responsivenessand accountability.

"Client" means any person receiving a service provided by the personnel orfacilities of a public or private agency, whether referred to as a client,participant, patient, resident, or other term.

"Commissioner" means the Commissioner of Rehabilitative Services.

"Consumer" is, with respect to case management services, a person with adisability or his designee, guardian, conservator or committee.

"Council" means the State Rehabilitation Council.

"Mental impairment" means (i) a disability attributable to mentalretardation, autism, or any other neurologically handicapping conditionclosely related to mental retardation and requiring treatment similar to thatrequired by mentally retarded individuals; or (ii) an organic or mentalimpairment that has substantial adverse effects on an individual's cognitiveor volitional functions, including central nervous system disorders orsignificant discrepancies among mental functions of an individual. For thepurposes of 51.5-41, the term "mental impairment" does not include activealcoholism or current drug addiction and does not include any mentalimpairment, disease or defect that has been successfully asserted by anindividual as a defense to any criminal charge.

"Otherwise qualified person with a disability" means a person with adisability who:

1. For the purposes of 51.5-41, is qualified to perform the duties of aparticular job or position; or

2. For the purposes of 51.5-42, meets all the requirements for admission toan educational institution or meets all the requirements for participation inits extracurricular programs.

"Person with a disability" means any person who has a physical or mentalimpairment that substantially limits one or more of his major life activitiesor has a record of such impairment and that:

1. For purposes of 51.5-41, is unrelated to the individual's ability toperform the duties of a particular job or position, or is unrelated to theindividual's qualifications for employment or promotion;

2. For purposes of 51.5-42, is unrelated to the individual's ability toutilize and benefit from educational opportunities, programs, and facilitiesat an educational institution;

3. For purposes of 51.5-44, is unrelated to the individual's ability toutilize and benefit from a place of public accommodation or public service;

4. For purposes of 51.5-45, is unrelated to the individual's ability toacquire, rent, or maintain property.

"Physical impairment" means any physical condition, anatomic loss, orcosmetic disfigurement that is caused by bodily injury, birth defect, orillness.

"Rehabilitation technology" means the systematic application oftechnologies, engineering methodologies, or scientific principles to meet theneeds of and address the barriers confronted by individuals with disabilitiesin areas that include education, rehabilitation, employment, transportation,independent living, and recreation.

(Code 1950, 2.1-574, 22-330.1, 22-330.4:1, 22-330.4:2; 1964, c. 276; 1978,c. 635; 1980, cc. 559, 728; 1982, c. 12; 1985, c. 421, 51.01-3; 1988, c.44; 1989, c. 181; 1993, c. 807; 1997, c. 801; 2003, cc. 57, 73.)