Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-51 - Definitions

Current through June, 2024
As used in this subchapter:
"Active treatment program" means a written plan of care
					 for each resident that sets forth measurable goals stated in behavioral terms
					 and that prescribes an integrated program of appropriate activities and
					 therapies to attain these goals. The overall purpose of the plan is to help the
					 residents function at their highest levels.
"Controlled drugs" includes drugs listed as being subject
					 to high incidence of abuse as defined in chapter 32 9, HRS.
"Department" means the department of health, State of
					 Hawaii.
"Dentist" means any person holding a valid license to
					 practice dentistry in the State of Hawaii, pursuant to Chapter 448, HRS.
"Dietetic service supervisor" is a person who:
(1) Is a qualified dietitian; or
(2) Is a graduate of a dietetic technician or dietetic
					 assistant training program, approved by the American Dietetic Association;
					 or
(3) Is a graduate of a state approved course that provided
					 ninety or more hours of classroom instruction in food service supervision and
					 has experience as a supervisor in a health care institution with consultation
					 from a dietitian; or
(4) Has training and experience in food service supervision
					 and management equivalent in content to the program in (2) and (3)
					 above.
"Dietitian" means a person who:
(1) Is registered by the Commission on Dietetic
					 Registration; or
(2) Is eligible for such registration.
"Director" means the director of the department of health,
					 State of Hawaii, or a duly authorized agent.
"Drug administration" means the act in which a single dose
					 of a prescribed drug or biological substance is given to a resident by an
					 authorized person in accordance with all existing laws and rules governing
					 those acts. The entire act of administration entails removing an individual
					 dose from a previously dispensed properly labeled container (unit dose
					 included), verifying the dosage with the physician's orders, giving the
					 specified dose to the proper resident and promptly recording the time and dose
					 given to the resident and signing the record. Only licensed personnel may
					 administer medications.
"Drug dispensing" means the act which involves the
					 interpretation of the physician's order and, pursuant to that order, the proper
					 selection, measuring, packaging, labeling and issuance of the drug or
					 biological for a resident or a specified unit of the facility.
"Governing body" means the policy making authority,
					 whether an individual or a group, who exercises general direction over the
					 affairs of a facility and establishes policies concerning its operation and the
					 welfare of the individuals it serves.
"Facility staff" means those personnel whose primary
					 responsibility is the care and development of residents within the
					 facility.
"Large intermediate care facility for the mentally
					 retarded" means an identifiable unit providing residence and care for more than
					 fifteen mentally retarded individuals. Its primary purpose is the provision of
					 health, social, and rehabilitative services to the mentally retarded through an
					 individually designed active treatment program for each resident.
"License" means a license issued by the department
					 certifying the compliance with all existing Hawaii state laws and rules
					 relative to the operation of a skilled nursing or intermediate care
					 facility.
"Licensed practical nurse" means a nurse licensed as such
					 by the State of Hawaii, as defined by Chapter 457, HRS.
"Occupational therapist" means a person currently
					 registered or eligible for registration by the American Occupational Therapy
					 Association.
"Pharmacist" means a person who is licensed as a
					 "registered pharmacist" by the State of Hawaii, as defined by Chapter 461,
					 HRS.
"Physical therapist" means a person who has a permit to
					 practice as a physical therapist in the State of Hawaii.
"Physician" means a person holding a valid license to
					 practice medicine and surgery or osteopathy issued by the State of Hawaii,
					 pursuant to Chapter
					 453 or
					 460, HRS.
"Provisional license" means a license issued for a
					 specified period of time at the discretion of the director in order to allow
					 additional time for compliance of all license requirements. No more than two
					 successive provisional licenses shall be issued to a facility.
"Psychologist" means a person holding a master's or Ph.D.
					 degree in psychology from an accredited institution who has completed a one
					 year internship in clinical psychology under a certified psychologist and is
					 licensed or employed by the State of Hawaii, pursuant to Chapter 465,
					 HRS.
"Qualified mental retardation professional" means a person
					 with experience or training in mental retardation and is one of the following:
					 physician, psychologist, social worker, physical therapist, occupational
					 therapist, therapeutic recreation specialist, speech pathologist,
					 rehabilitation counselor, or registered nurse as defined in this
					 chapter.
"Registered professional nurse" means a person who is
					 licensed as a registered nurse in the State of Hawaii, pursuant to Chapter 457,
					 HRS.
"Rehabilitation counselor" means a person who is certified
					 by the Committee on Rehabilitation Counselor Certification.
"Social worker" means a person who has a master's degree
					 from a school of social work accredited by the Council on Social Work Education
					 or has a bachelor's degree from an accredited school of social work, plus two
					 years experience in a hospital, skilled nursing or intermediate care facility,
					 or some other health care agency or facility.
"Speech pathologist, therapist, or audiologist" means a
					 person who is licensed by the state pursuant to Chapter 4 68, HRS, and:
(1) Eligible for a certificate of clinical competence in
					 the appropriate area of speech therapy, pathology, or audiology, granted by the
					 American Speech and Hearing Association; or
(2) Meets the educational requirements for certification
					 and is in the process of accumulating the supervised experience required for
					 examination for certification.
"Therapeutic recreation specialist" means a person who is
					 a graduate of a program approved by the department.
"Tuberculin skin test" means an intradermal injection of
					 .0001 mg (5 tuberculin units) of purified protein derivative in 0.1 cc of
					 sterile diluent. If the size of any resulting palpable induration at
					 forty-eight hours to seventy-two hours after injection is equal to or greater
					 than 10 mm in its transverse diameter, the reaction to the skin test shall be
					 considered significant.
"Waiver" means an exemption from a specific rule for a
					 duration not longer than one year which may be permitted a facility, for a
					 specified period of time, at the discretion of the director.
The meanings of all adjectives and adverbs such as
					 "proper", "convenient", "good", "minimum", "thorough", "sufficient",
					 "satisfactory", "adequate", "suitable", clearly used to qualify a person,
					 equipment, service, or building being difficult or impossible to define shall
					 be determined by the director or a duly authorized agent. Whenever the singular
					 is used in this subchapter it can include the plural.