20-47-1003. Definitions.

20-47-1003. Definitions. As used in this subchapter: (1) “Certified mental health professional” means a psychiatrist, psychologist, advanced practice registered nurse, therapist, counselor, or social worker licensed in this state and certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as: (A) Fluent in one (1) or more primary communication methods; (B) A specialist who is trained and experienced in working skillfully with interpreters; and (C) Knowledgeable of the cultural needs of clients; (2) “Client” means an individual who is deaf or hard of hearing and who is in need of mental health services; (3) “Communication method” means any of the following systems of communication used by clients: (A) American Sign Language; (B) An English-based manual or sign system; (C) A highly visually oriented and minimal sign language system to communicate, including without limitation a home-sign-based system, idiosyncratic signs, a sign system or language of another country, or nonlinguistic or semilinguistic communication systems designed to meet the needs of language-deprived or dysfluent individuals; or (D) An oral, aural, or speech-based sign system; (4) “Culturally affirmative mental health services” means the full continuum of mental health services that are sensitive to, and in support of, the diverse cultural affiliations, including the affiliation with the deaf community and culture, and needs of the client that are delivered by certified mental health professionals and ancillary staff; (5) “Deaf” means: (A) The condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology; and (B) The unique culture, community, and identity of an individual who is deaf that has a set of beliefs, values, and traditions; (6) “English-based manual or sign system” means a sign system that uses manual signs in English word order, sometimes with added affixes that are not present in American Sign Language; (7) “Fluent” means a score of “Advanced” or higher for certified mental health professionals and “Intermediate Plus” for other licensed and nonlicensed ancillary staff qualified to work in a mental health setting on a sign language communication skills assessment, including without limitation the Sign Language Proficiency Interview assessment and other communication skills assessments; (8) “Hard of hearing” means the condition of having sustained a hearing loss, whether permanent or fluctuating, that may be corrected by amplification or other hearing assistive technology, but yet presents challenges in processing linguistic information through hearing; (9) “Interpreter” means a licensed qualified interpreter or a licensed provisional interpreter as defined under § 20-14-802; (10) “Linguistically appropriate mental health services” means the full continuum of mental health services that are made available in the communication method preferred by the client or in the communication method that is determined to be most effective by a communication assessment; (11) “Oral, aural, or speech-based system” means a communication system that uses the speech or residual hearing, or both, of an individual who is deaf or hard of hearing, regardless of technology or cued assistance; and (12) “Primary communication method” means the communication method preferred by the individual who is deaf or hard of hearing that will be most effective, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both.