N.M. Admin. Code § 6.100.2.7 - DEFINITIONS

A. "Applicant" means an individual for whom a formal application for vocational rehabilitation services has been signed and submitted to DVR by the individual or the individual's authorized representative.

B. [Reserved]

C. [Reserved]

D. [Reserved]

E. Community rehabilitation program means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement.

(1) Medical, psychiatric, psychological, social, and vocational services that are provided under one management;

(2) Testing, fitting, or training in the use of prosthetic and orthotic devices;

(3) Recreational therapy;

(4) Physical and occupational therapy;

(5) Speech, language, and hearing therapy;

(6) Psychiatric, psychological and social services, including positive behavior management;

(7) Assessment for determining eligibility and vocational rehabilitation needs;

(8) Rehabilitation technology;

(9) Job development, placement, and retention services;

(10) Evaluation or control of specific disabilities;

(11) Orientation and mobility services for individuals who are blind;

(12) Extended employment;

(13) Psycho-social rehabilitation services;

(14) Supported employment services and extended services;

(15) Services to family members when necessary to the vocational rehabilitation of the individual;

(16) Personal assistance services; or

(17) Services similar to the services described above.

F. [Reserved]

G. [Reserved]

H. Disability" means a physical or mental impairment that constitutes or results in a substantial impediment to employment.

I. [Reserved]

J. "Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) as well as homemaking, sheltered employment, and home-based employment.

K. [Reserved]

L "Extended services" means ongoing support services and other appropriate services, needed to support and maintain an individual with the most severe disability in supported employment, that:

(1) Are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining integrated, competitive employment;

(2) Are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and

(3) Are provided by a State agency, a nonprofit private organization, employer, or any other appropriate resource, after an individual has made the transition from support provided by the designated State unit.

M. [Reserved]

N. "Functional limitations" mean limitations imposed by an impairment that impede or limit an individual's functioning in one or more of the following areas (or in any area of physical or mental function):

(1) Sensory functioning;

(2) Manual dexterity;

(3) Motor coordination;

(4) Physical strength or stamina;

(5) Mobility;

(6) Work habits;

(7) Personal behavior;

(8) Academic achievement;

(9) Interpersonal relations;

(10) Job seeking skills;

(11) Physical appearance;

(12) Physical or mental comfort;

(13) Thought processes;

(14) Learning;

(15) Emotional stability;

(16) Communication;

(17) Speech;

(18) Perception;

(19) Judgment; or

(20) Memory.

O. [Reserved]

P. [Reserved]

Q. "Individual with a severe disability" means an individual with a disability:

(1) Who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(2) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(3) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs.

R. [Reserved]

S. [Reserved]

T. [Reserved]

U. "Personal assistance services" means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.

V. [Reserved]

W. "Physical or mental impairment" means a physical or mental condition which substantially contributes to limiting, or if not corrected will probably result in limiting, an individual's functioning. The same exclusions that apply to the definition of "disability" under this rule apply to the term "Physical or Mental Impairment".

X. [Reserved]

Y. [Reserved]

Z. "Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

AA. "Substantial impediment to employment" means a physical or mental impairment, in light of attendant medical, psychological, vocational, educational, and other related factors that impedes an individual's occupational performance by preventing the individual from obtaining, retaining, or preparing for employment consistent with the individual's capacities and abilities.

BB. "Substantially limits" means, in relation to the impairment, having a substantial consequence that is not temporary or easily ameliorated.

CC. "Supported employment" means competitive work in integrated work settings for individuals with the most severe disabilities for whom competitive employment has not traditionally occurred; or for whom competitive employment has been interrupted or intermittent as a result of a severe disability; and who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness.

DD. "Temporarily or easily ameliorated" means of no permanent or chronic consequence; a condition which is expected to last for a limited time only or to be corrected, either partially or totally, by an identified treatment, with little or no residual effects on functioning; an impairment for which the only service needed is payment of medical expenses.

EE. [Reserved]

FF. [Reserved]

GG. [Reserved]

Notes

N.M. Admin. Code § 6.100.2.7

12-31-98; Recompiled 10/31/01