§ 7051. Definitions.

(a) For the purposes of this Article, the following definitions shall apply:

(1) “Accommodation” for the purpose of evaluating the impact in a functional capacity area means any type of assistance required as a result of an impairment including, but not limited to, work site adaptation, job restructuring, assistive technology devices, personal assistance services, prescribed medication, alternate media, or prosthesis.

(2) “Assess” or “assessment,” for the purposes of Order of Selection for Vocational Rehabilitation Services only, means quantifying the impact of the limitations presented by an individual's disability considered in a full range of environments. This assessment takes place after an individual has been determined to be eligible for services from the Department.

(3) “Extended period of time” means more than six months.

(4) “Functional Capacity Area” means communication, interpersonal skills, mobility, self-care, work skills, and work tolerance, which are impacted by an individual's disability.

(A) “Communication” means the ability to use, give and/or receive information.

(B) “Interpersonal Skills” means the ability to establish and/or maintain appropriate interactions with others.

(C) “Mobility” means the ability to move from place to place.

(D) “Self-Care” means the ability to plan and/or perform activities of daily living.

(E) “Work Skills” means the ability to learn and/or perform work functions.

(F) “Work Tolerance” means the ability to sustain the required level of work functions.

(5) “Multiple vocational rehabilitation services” means two or more vocational rehabilitation services, excluding counseling and guidance, services to family members, and transportation.

(6) “Priority Category” means the order in which individuals will be served. The category shall be established, first, based on their level of significance of disability, and second, their date of application.

(7) “Serious limitation in terms of an employment outcome” means a reduction of one's capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community.

(8) “Transportation,” for the purposes of Order of Selection for Vocational Rehabilitation Services only, means the use of public or private modes of travel. The purchase of a vehicle, vehicle modification, repair, and mobility evaluation are not defined as transportation for purposes of determining the need for multiple vocational rehabilitation services.

HISTORY

1. New section filed 7-27-95 as an emergency; operative 7-27-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-24-95 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-27-95 order, including amendment of subsection (a)(6)(C), transmitted to OAL 7-11-95 and filed 8-21-95 (Register 95, No. 34).

3. Repealer of subsection (a)(3), subsection renumbering, amendment of newly designated subsection (a)(8), and amendment of Note filed 4-27-99 as an emergency; operative 4-27-99 (Register 99, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-25-99 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-27-99 order transmitted to OAL 7-23-99 and filed 8-30-99 (Register 99, No. 36).

5. Amendment of section and Note filed 11-4-99 as an emergency; operative 11-4-99 (Register 99, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-3-2000 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 11-4-99 order transmitted to OAL 3-3-2000 and filed 3-29-2000 (Register 2000, No. 13).

7. Amendment of section and Note filed 6-28-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-28-2001 order, including further amendment of section and Note, transmitted to OAL 10-24-2001 and filed 12-10-2001 (Register 2001, No. 50).

9. Amendment of subsection (a)(2), repealer of subsections (a)(5)-(a)(5)(C)2. and subsection renumbering filed 3-13-2013; operative 7-1-2013 (Register 2013, No. 11).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(21) and 721(a)(5); 34 CFR Sections 361.5(b)(30) and (31) and 361.36; and Sections 19011 and 19102, Welfare and Institutions Code.