§ 1002. Definitions. As used in this article:

1. "Handicapped person" means any person who in the judgment of the
department is under a physical or mental disability which constitutes a
substantial handicap to employment but which is of such a nature that
vocational rehabilitation services may reasonably be expected to render
him fit to engage in gainful employment, and also any person under a
physical or mental disability which constitutes a substantial handicap
to employment and for whom vocational rehabilitation services are
necessary to ascertain his rehabilitation potential.

2. "Person who is under a physical or mental disability" means an
individual who has a physical or mental condition which in the judgment
of the department limits, contributes to limiting, or, if not corrected,
will result in limiting his activities or functioning.

3. "Substantial handicap to employment" means that a physical or
mental disability (in the light of attendant medical, psychological,
vocational, educational, cultural, social or environmental factors)
impedes an individual's occupational performance, by preventing his
obtaining, retaining, or preparing for a gainful occupation consistent
with his capacities and abilities.

4. "Gainful occupation" includes any employment for which a
compensation is paid either in goods and/or in services; practice of a
profession; self-employment; homemaking, farm or family work (including
work for which payment is in kind rather than in cash); sheltered
employment; and home industries or other gainful homebound work.

5. "Vocational rehabilitation services" means:

a. Any goods and services necessary to render a handicapped person fit
to engage in a gainful occupation and includes:

(1.) Evaluation, including diagnostic and related services;

(2.) Counseling and Guidance;

(3.) Training;

(4.) Placement;

(5.) Reader service where necessary for individuals who are visually
handicapped and interpreter services in the case of individuals who are
deaf;

(6.) Attendants and amanuenses where required;

(7.) Occupational and business licenses;

(8.) Books, training supplies and fees;

(9.) Transportation;

(10.) Physical restoration services;

(11.) Maintenance payments to cover the handicapped person's expenses
essential to achievement of his vocational rehabilitation objective;

(12.) Tools, equipment, initial stocks and supplies;

(13.) Training allowances which may be paid to individuals receiving
training and related services in public and other non-profit workshops
and rehabilitation facilities to the extent that funds may be made
available for this purpose;

(14.) Other goods and services, not enumerated in this subdivision,
necessary to render a handicapped person fit to engage in a gainful
occupation.

b. The establishment of public and other nonprofit rehabilitation
facilities for handicapped persons; the establishment of public and
other nonprofit workshops for the severely handicapped; and the staffing
of public and other nonprofit workshops for the severely handicapped so
that workshops may be established, extended, improved or continued.

6. "Physical restoration services" mean those medical and medically
related services which are necessary to correct or substantially modify
within a reasonable period of time a physical or mental condition which
is stable or slowly progressive and which constitutes a substantial
handicap to employment, and includes (but is not limited to):

a. corrective surgery or therapeutic treatment;

b. necessary hospitalization in connection with surgery or treatment
specified in (a);

c. prosthetic devices essential to obtaining or retaining employment;
and

d. other necessary medical or medically related services.

7. "Rehabilitation facility" means a facility, operated for the
principal purpose of assisting in the rehabilitation of handicapped
persons and

a. provides one or more than one of the following types of services:

1. prevocational or conditioning therapy;

2. adjustment training;

3. testing, fitting or training in the use of prosthetic devices;

4. physical or occupational therapy;

5. evaluation, treatment or control of special disabilities; or

b. through which is provided an integrated program of medical,
psychological, social and vocational evaluation and services under
appropriate professional supervision, provided that the major portion of
such evaluation and services is furnished within the facility, and that
all medical and related health services are prescribed by and are under
the supervision of persons licensed to practice medicine in the state.

8. "Workshop" means a place where any manufacture or handiwork is
carried on and which is operated for the principle purpose of providing
gainful employment to severely handicapped persons (a) as an interim
step in the rehabilitation process for those who cannot be absorbed in
the competitive labor market; or (b) during such time as employment
opportunities for them in the competitive labor market do not exist.

9. "Establishment of a workshop" or "rehabilitation facility" means:

a. In the case of a workshop, the expansion, remodeling, or alteration
of existing buildings, necessary to adapt such buildings to workshop
purposes or to increase the employment opportunities in workshops, and
the acquisition of initial equipment necessary for new workshops or to
increase the employment opportunities in workshops; and

b. In the case of a rehabilitation facility, the expansion,
remodeling, or alteration of existing buildings, and initial equipment
of such buildings, necessary to adapt such buildings to rehabilitation
facility purposes or to increase their effectiveness for such purposes
and initial staffing thereof for a period not exceeding one year.

10. With respect to the construction of workshops and rehabilitation
facilities, the following definitions shall apply:

a. "Construction" includes construction of new buildings, acquisition
of existing buildings, and expansion, remodeling, alteration, and
renovation of existing buildings, and initial equipment of such new,
newly acquired, expanded, remodeled, altered or renovated buildings;

b. The "cost" of construction may include the cost of architects' fees
and acquisition of land in connection with construction, but does not
include the cost of offsite improvements.

c. A "project for construction of a workshop" may include provisions
for residential accommodations to be used by and in conjunction with the
rehabilitation of categories of handicapped individuals as may be
hereafter designated.

11. "Supported employment" means paid competitive work performed by
individuals with severe disabilities who require intensive support
services to obtain such employment and extended support to sustain such
employment, and which is performed in an integrated setting which
provides regular interactions with individuals who do not have
disabilities, other than paid caregivers.

12. "Supported employment services" means support services needed by
individuals with severe disabilities to obtain and sustain supported
employment. Such term shall also include transitional employment
services for individuals with severe and persistent mental illness, as
defined by the commissioner in consultation with the commissioner of the
office of mental health.

13. "Paid competitive work", as used in the definition of supported
employment pursuant to subdivision eleven of this section means work
that is performed on a full-time or part-time basis, with a minimum
expectation of averaging at least twenty hours per week as an employment
goal, except that such requirement may be waived for good cause by the
commissioner, and for which an individual is compensated in accordance
with the federal fair labor standards act and the state department of
labor wage and hour regulations.

14. "Individuals with severe disabilities" means persons for whom
competitive employment has either not traditionally occurred or has been
interrupted or intermittent as a result of having a permanent and
substantially disabling physical, sensory, or mental condition.