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25 U.S.C. § 1665 — Definitions

submitted 16 years ago by Pub. L. 94-437 to r/title-25-INDIANS · 496 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in the part, including several fetal-alcohol-spectrum, behavioral-health, rehabilitation, and substance-abuse terms.

(a) “Alcohol-related neurodevelopmental disorders” or “ARND” means central-nervous-system abnormalities in a person whose mother drank alcohol during pregnancy. They can range from small intellectual deficits and developmental delays to intellectual disability. Children with ARND may have behavior problems, learning disabilities, problems with executive functioning, and attention disorders. The neurological defects may be as serious as FAS, but facial and other physical features are absent, which makes diagnosis difficult.

(b) “Assessment” means systematically collecting, analyzing, and sharing information about health status, health needs, and health problems.

(c) “Behavioral health aftercare” includes activities and resources supporting recovery after inpatient, residential, intensive substance-abuse, mental-health outpatient, or outpatient treatment. It is meant to prevent or address relapse by ensuring that a client or patient has an aftercare plan by discharge from a level of care. The plan may use a community therapeutic group, transitional living, a 12-step sponsor, a local 12-step or similar support group, and other community providers.

(d) “Dual diagnosis” means coexisting substance-abuse and mental-illness conditions or diagnoses. Such clients are sometimes called mentally ill chemical abusers, or MICAs.

(e) “Fetal alcohol spectrum disorders” includes effects that can occur when a person’s mother drank alcohol during pregnancy, including physical, mental, behavioral, or learning disabilities that may last for life. It may include: (1) fetal alcohol syndrome, or FAS; (2) partial FAS; (3) alcohol-related birth defects, or ARBD; and (4) ARND.

(f) “FAS” or “fetal alcohol syndrome” means a syndrome in which, with a history of the mother drinking alcohol during pregnancy: (1) there is central-nervous-system involvement, such as intellectual disability, developmental delay, intellectual deficit, microcephaly, or neurological abnormalities; (2) there are craniofacial abnormalities including at least two of: (A) microophthalmia; (B) short palpebral fissures; (C) a poorly developed philtrum; (D) a thin upper lip; (E) a flat nasal bridge; or (F) a short, upturned nose; and (3) there is prenatal or postnatal growth delay.

(g) “Rehabilitation” means medical and health-care services that: (1) a physician or licensed healing-arts practitioner recommends within the scope of the person’s lawful practice; (2) are provided in a facility, home, or other setting meeting applicable standards; and (3) are intended to achieve the maximum physical, mental, and developmental functioning, prevent worsening of physical or mental functioning, or maintain physical or mental health functioning.

(h) “Substance abuse” includes inhalant abuse.

the actual law source: uscode.house.gov ↗public domain

In this part:

(1) Alcohol-related neurodevelopmental disorders; ARND

The term “alcohol-related neurodevelopmental disorders” or “ARND” means, with a history of maternal alcohol consumption during pregnancy, central nervous system abnormalities, which may range from minor intellectual deficits and developmental delays to mental retardation. ARND children may have behavioral problems, learning disabilities, problems with executive functioning, and attention disorders. The neurological defects of ARND may be as severe as FAS, but facial anomalies and other physical characteristics are not present in ARND, thus making diagnosis difficult.

(2) Assessment

The term “assessment” means the systematic collection, analysis, and dissemination of information on health status, health needs, and health problems.

(3) Behavioral health aftercare

The term “behavioral health aftercare” includes those activities and resources used to support recovery following inpatient, residential, intensive substance abuse, or mental health outpatient or outpatient treatment. The purpose is to help prevent or deal with relapse by ensuring that by the time a client or patient is discharged from a level of care, such as outpatient treatment, an aftercare plan has been developed with the client. An aftercare plan may use such resources as a community-based therapeutic group, transitional living facilities, a 12-step sponsor, a local 12-step or other related support group, and other community-based providers.

(4) Dual diagnosis

The term “dual diagnosis” means coexisting substance abuse and mental illness conditions or diagnosis. Such clients are sometimes referred to as mentally ill chemical abusers (MICAs).

(5) Fetal alcohol spectrum disorders
(A) In general

The term “fetal alcohol spectrum disorders” includes a range of effects that can occur in an individual whose mother drank alcohol during pregnancy, including physical, mental, behavioral, and/or learning disabilities with possible lifelong implications.

(B) Inclusions

The term “fetal alcohol spectrum disorders” may include—

(i)

fetal alcohol syndrome (FAS);

(ii)

partial fetal alcohol syndrome (partial FAS);

(iii)

alcohol-related birth defects (ARBD); and

(iv)

alcohol-related neurodevelopmental disorders (ARND).

(6) FAS or fetal alcohol syndrome

The term “FAS” or “fetal alcohol syndrome” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met:

(A)

Central nervous system involvement, such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurological abnormalities.

(B)

Craniofacial abnormalities with at least 2 of the following:

(i)

Microophthalmia.

(ii)

Short palpebral fissures.

(iii)

Poorly developed philtrum.

(iv)

Thin upper lip.

(v)

Flat nasal bridge.

(vi)

Short upturned nose.

(C)

Prenatal or postnatal growth delay.

(7) Rehabilitation

The term “rehabilitation” means medical and health care services that—

(A)

are recommended by a physician or licensed practitioner of the healing arts within the scope of their practice under applicable law;

(B)

are furnished in a facility, home, or other setting in accordance with applicable standards; and

(C)

have as their purpose any of the following:

(i)

The maximum attainment of physical, mental, and developmental functioning.

(ii)

Averting deterioration in physical or mental functional status.

(iii)

The maintenance of physical or mental health functional status.

(8) Substance abuse

The term “substance abuse” includes inhalant abuse.

Source credit: (Pub. L. 94–437, title VII, § 701, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 94-437 · 124 Stat. 935

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-437 on 2010-03-23.

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