Maine Revised Statutes > Title 5 > Part 24 > Chapter 511 – Protection and Advocacy for Persons With Disabilities
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Terms Used In Maine Revised Statutes > Title 5 > Part 24 > Chapter 511 - Protection and Advocacy for Persons With Disabilities
- Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
- Action for professional negligence: means any action for damages for injury or death against any health care provider, its agents or employees, or health care practitioner or the health care practitioner's agents or employees, whether based upon tort or breach of contract or otherwise, arising out of the provision or failure to provide health care services. See Maine Revised Statutes Title 24 Sec. 2502
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adverse professional competence review action: means an action based upon professional competence review activity to reduce, restrict, suspend, deny, revoke or fail to grant or renew a physician's or veterinarian's:
A. See Maine Revised Statutes Title 24 Sec. 2502Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503 Allegation: something that someone says happened. Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Board: means the Board of Licensure in Medicine, the Board of Dental Practice or the Board of Osteopathic Licensure. See Maine Revised Statutes Title 24 Sec. 2502 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conversion: means a change in character of residential real property from a rental to an ownership basis. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative affordable housing corporation: means a domestic corporation that is organized under or elects to be governed by the provisions of this subchapter. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative interest: means the ownership interest in a cooperative affordable housing corporation that is evidenced by a membership share. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative property: means the real and personal property, including mobile and manufactured homes, in this State owned or leased by a cooperative affordable housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 13 Sec. 1742 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Developmental disability: means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:
A. See Maine Revised Statutes Title 5 Sec. 19503Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503 Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Future damages: includes damages for future medical treatment, care or custody, loss of future earnings and loss of the economic value of services. See Maine Revised Statutes Title 24 Sec. 2951 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Health care entity: means :
A. See Maine Revised Statutes Title 24 Sec. 2502Health care practitioner: means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists, physicians' assistants and veterinarians. See Maine Revised Statutes Title 24 Sec. 2502 Health care provider: includes a veterinary hospital. See Maine Revised Statutes Title 24 Sec. 2502 Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Learning disability: means a disorder exhibited in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See Maine Revised Statutes Title 5 Sec. 19503 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lender: includes , but is not limited to, the following institutional lenders whose policies and procedures are subject to governmental supervision:
A. See Maine Revised Statutes Title 13 Sec. 1742Limited equity cooperative: means a cooperative affordable housing corporation organized in accordance with section 1754. See Maine Revised Statutes Title 13 Sec. 1742 Limited equity formula: means a rule or method for determining the transfer value of a share in a limited equity cooperative. See Maine Revised Statutes Title 13 Sec. 1742 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Low income: means income that is less than or equal to 80% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Member: means a person who owns a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503 Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Moderate income: means income that is less than or equal to 100% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503 Oath: A promise to tell the truth. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Pawn transaction: means the lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker. See Maine Revised Statutes Title 30-A Sec. 3960 Pawnbroker: means a person who engages in pawn transactions. See Maine Revised Statutes Title 30-A Sec. 3960 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503 Personal property: All property that is not real property. Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503 Physician: means any natural person authorized by law to practice medicine, osteopathic medicine or veterinary medicine within this State. See Maine Revised Statutes Title 24 Sec. 2502 Plaintiff: The person who files the complaint in a civil lawsuit. Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Professional competence committee: means any of the following when engaging in professional competence review activity:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review activity: means study, evaluation, investigation, recommendation or action, by or on behalf of a health care entity and carried out by a professional competence committee, necessary to:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review records: means the minutes, files, notes, records, reports, statements, memoranda, data bases, proceedings, findings and work product prepared at the request of or generated by a professional competence review committee relating to professional competence review activity. See Maine Revised Statutes Title 24 Sec. 2502 Professional negligence: means that:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional review committee: means a committee of health care practitioners formed by a professional society for the purpose of identifying and working with health professionals who are disabled or impaired by virtue of physical or mental infirmity or by the misuse of alcohol or drugs, as long as the committee operates pursuant to protocols approved by the various licensing boards that license the health professionals the committee serves. See Maine Revised Statutes Title 24 Sec. 2502 Professional society: means a state professional organization of physicians, surgeons or osteopathic physicians. See Maine Revised Statutes Title 24 Sec. 2502 Proprietary lease: means an agreement with a cooperative affordable housing corporation governing a member's right to occupancy under which a member has an exclusive possessory interest in a unit. See Maine Revised Statutes Title 13 Sec. 1742 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Resident: means any occupant of space owned by the cooperative affordable housing corporation. See Maine Revised Statutes Title 13 Sec. 1742 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Share loan: means an agreement entered into by a member and a lender to finance the member's acquisition of the member's cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Subscription agreement: means a written agreement between a prospective member and a cooperative affordable housing corporation for the purchase and sale of a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unit: means a portion of the cooperative property leased for exclusive occupancy by a member under a proprietary lease or leased to a tenant by lease agreement. See Maine Revised Statutes Title 13 Sec. 1742 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Verdict: The decision of a petit jury or a judge. Written professional competence review process: means a process that is reduced to writing and includes:
A. See Maine Revised Statutes Title 24 Sec. 2502Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72