20-79-203. Definitions.

20-79-203. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Employment disability” means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in a substantial impairment of occupational performance; (2) “Establishment of a workshop or rehabilitation facility” means: (A) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings to adapt them to workshop purposes or to increase employment opportunities, and the acquisition of inital equipment; and (B) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, the initial equipment of the buildings, and initial staffing thereof; (3) “Individual with a disability” means any person who, as a result of a physical or mental disability: (A) Has a substantial employment disability and who may, through receiving vocational rehabilitation services, be qualified for remunerative employment; or (B) May achieve such ability of independent living, through receiving rehabilitation services, which will enable him or her to dispense with or largely dispense with the need for institutional care or attendant care in the household; (4) “Maintenance” means money payment not exceeding the estimated cost of subsistence during the provision of rehabilitation services; (5) “Nonprofit”, when used with respect to a rehabilitation facility or workshop, means a rehabilitation facility or a workshop owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any shareholder or individual, and this income is exempt from taxation under section 101(6) of the Internal Revenue Code; (6) “Person with a visual impairment” means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field; (7) “Physical restoration” means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a disabled individual's disability within a reasonable length of time, including the use of prosthetic appliances but excluding curative treatment for acute or transitory conditions, excepting treatment of medical complications and emergencies as may arise during the rendering of rehabilitation services; (8)(A) “Rehabilitation” and “rehabilitation services” mean any service, provided directly or through public or private instrumentalities, found by the Director of Arkansas Rehabilitation Services to be necessary to compensate an individual with a disability for his or her employment disability and to enable him or her to engage in a remunerative occupation or to achieve independent living, including without limitation medical and vocational diagnosis, vocational guidance, counseling and placement, training, physical restoration, transportation, occupational and business licenses, equipment, initial stocks and supplies, maintenance, and training books and materials. (B) The term covers the establishment and operation of workshops, rehabilitation centers, home industries, and small business enterprises for persons with a visual impairment and individuals with a severe disability; (9) “Rehabilitation facility” is a facility operated for the purpose of assisting in the rehabilitation of individuals with a disability, which provides one (1) or more of the following types of services: (A) Testing, fitting, or training in the use of prosthetic devices; (B) Pre-vocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; (D) Adjustment training, or evaluation or control of special impairments; or (E) Services in which a coordinated approach is made to the physical, mental, and vocational evaluation of individuals with a disability and an integrated program of physical restoration and pre-vocational or vocational training is provided under competent professional supervision and direction; (10) “Rehabilitation training” means all necessary training provided to an individual with a disability to compensate for his or her employment disability, including, but not limited to, pre-vocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities; (11) “Remunerative employment” includes employment in the competitive labor market, practice of a profession, self-employment, home-making, farm or family work where payment is in kind rather than cash, sheltered employment, home industry, or other homebound work of a remunerative nature; (12) “Service” means the Arkansas Rehabilitation Services established by this subchapter; and (13) “Workshop” means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to individuals with a severe disability who cannot be readily absorbed in the competitive labor market.