Terms Used In Rhode Island General Laws > Chapter 40.1-5 - Mental Health Law

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Alternatives to admission or certification: means alternatives to a particular facility or treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, placement in a nursing home, referral to a community mental health clinic and home health aide services, or any other services that may be deemed appropriate. See Rhode Island General Laws 40.1-5-2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Care and treatment: means psychiatric care, together with such medical, nursing, psychological, social, rehabilitative, and maintenance services as may be required by a patient in association with the psychiatric care provided pursuant to an individualized treatment plan recorded in the patient's medical record. See Rhode Island General Laws 40.1-5-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Cross examine: Questioning of a witness by the attorney for the other side.
• Department: means the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5-2
• Dependent: A person dependent for support upon another.
• Director: means the director of the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means , but is not limited to, any public or private hospital licensed by the Rhode Island department of health that maintains staff and facilities, including inpatient units, for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or psychiatric disabilities; and/or a community mental health center as defined in Rhode Island General Laws 40.1-5-2
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• 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.
• Likelihood of serious harm: means :

  (i)  A substantial risk of physical harm to the person himself or herself as manifested by behavior evidencing serious threats of, or attempts at, suicide;

  (ii)  A substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior; or

  (iii)  A substantial risk of physical harm to the mentally disabled person as manifested by behavior that has created a grave, clear, and present risk to the person's physical health and safety. See Rhode Island General Laws 40.1-5-2

• Mental health professional: means a psychiatrist, psychologist, or social worker and such other persons, including a psychiatric nurse clinician and licensed advanced practice registered nurse (APRN) as defined in this section, as may be defined by rules and regulations promulgated by the director. See Rhode Island General Laws 40.1-5-2
• NICS database: means the National Instant Criminal Background Check System as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act), Pub. See Rhode Island General Laws 40.1-5-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Physician: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5. See Rhode Island General Laws 40.1-5-2
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Psychiatric disability: means a mental disorder in which the capacity of a person to exercise self-control or judgment in the conduct of the person's affairs and social relations, or to care for the person's own personal needs, is significantly impaired. See Rhode Island General Laws 40.1-5-2
• Psychiatric nurse clinician: means a professional registered nurse with a master's degree in psychiatric nursing or related field who is licensed by the Rhode Island department of health pursuant to chapter 34 of Title 5 and who is currently working in the mental health field as defined by the American Nurses Association, and/or a licensed advanced practice registered nurse (APRN) as defined in this section. See Rhode Island General Laws 40.1-5-2
• Psychiatrist: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5 who has, in addition, completed three (3) years of graduate psychiatric training in a program approved by the American Medical Association or American Osteopathic Association. See Rhode Island General Laws 40.1-5-2
• Psychologist: means a person licensed by the Rhode Island department of health pursuant to chapter 44 of Title 5. See Rhode Island General Laws 40.1-5-2
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Social worker: means a person who has a masters or further advanced degree from a school of social work, that is accredited by the council of social work education and who is licensed by the Rhode Island department of health pursuant to Rhode Island General Laws 40.1-5-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.