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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

55 Pa. Code § 2390.5. Definitions.

§ 2390.5. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Abusive act—An act or omission of an act that willfully deprives a client of rights or which may cause or causes actual physical injury or emotional harm to a client.

   Certificate of compliance—A document issued to a legal entity permitting it to operate a vocational facility at a given location, for a specific period of time, according to appropriate regulations of the Commonwealth.

   Chief executive officer—The staff person responsible for the general management of the facility. Other terms such as ‘‘program director’’ or ‘‘administrator’’ may be used as long as the qualifications specified in §  2390.32 (relating to chief executive officer) are met.

   Client—A disabled adult receiving services in a vocational facility.

   Competitive employment—A job in a regular work setting with an employee-employer relationship, in which a disabled adult is hired to do a job that other nondisabled employees also do.

   Criminal abuse—Crimes against the person such as assault and crimes against the property of the client such as theft or embezzlement.

   Department—The Department of Human Services of the Commonwealth.

   Direct service worker—A person whose primary job function is to provide services to a client who attends the facility.

   Disabled adult

     (i)   A person who because of a disability requires special help or special services on a regular basis to function vocationally.

     (ii)   The term includes persons who exhibit any of the following characteristics:

       (a)   A physical disability, such as visual impairment, hearing impairment, speech or language impairment or other physical handicap.

       (b)   Social or emotional maladjustment.

       (c)   A neurologically based condition such as cerebral palsy, autism or epilepsy.

       (d)   An intellectual disability.

   Handicapped employment—A vocational program in which the individual client does not require rehabilitation, habilitation or ongoing training to work at the facility.

   Health care practitioner—A person who is authorized to prescribe medications under a license, registration or certification by the Department of State.

   Individual plan—A coordinated and integrated description of activities and services for a client.

   Restraint—A physical, chemical or mechanical intervention used to control acute, episodic behavior that restricts the movement or function of the client or a portion of the client’s body, including an intervention approved as part of the individual plan or used on an emergency basis.

   SCO—Supports coordination organization—A provider that delivers the services of locating, coordinating and monitoring services provided to a client.

   Services—Actions or assistance provided to the client to support the achievement of an outcome.

   Sheltered employment—A program designed to enable the client to move out of the vocational facility into competitive employment or into a higher level vocational program focusing on the development of competitive worker traits and using work as the primary training method.


     (i)   Occupational training that follows a specific curriculum and is designed to teach skills for a specific occupation in the competitive labor market.

     (ii)   The term also includes personal and work adjustment training that is designed to develop appropriate worker traits and teach an understanding of the expectations of a work environment to enable the client to progress into a higher level rehabilitation program or into competitive employment.

   Vocational evaluation—The use of planned activities, systematic observation and testing to accomplish a formal assessment of a client, including an identification of program needs, potential for employment and identification of employment objectives.

   Vocational facility (facility)—A premise in which rehabilitative, habilitative or handicapped employment or employment training is provided to one or more disabled clients for part of a 24-hour day.

   Volunteer—A person who is an organized and scheduled component of the service system and who does not receive compensation, but who provides a service through the facility that recruits, plans and organizes duties and assignments.

   Work activities center—A program focusing on working and behavioral/therapeutic techniques to enable clients to attain sufficient vocational, personal, social and independent living skills to progress to higher level vocational programs.

   Work performance review—An assessment of the client’s skill level.


   The provisions of this §  2390.5 amended under sections 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code (62 P.S. § §  201(2), 403(b), 403.1(a) and (b), 901—922 and 1001—1088); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §  4201(2)).


   The provisions of this §  2390.5 adopted May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935; amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381389) to (381392).

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