Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.22-004 - LTC Facility Licensure And Change of Ownership, and Medication Assistant

Current through Register Vol. 49, No. 6, June, 2024
Rules for Nursing Homes Office of Long
100
DEFINITIONS
For the purpose of these standards the following definitions
				shall apply:
Administrator
means a person licensed
				as a nursing home administrator by the Department who administers, manages,
				supervises, or is in general administrative charge of a nursing home.
Alteration
means any work other than
				maintenance in an existing building and which does not increase the floor or
				roof area or the volume of enclosed space.
Consultant
shall mean a qualified
				person who gives professional advice or service within his/her specialty, with
				or without re-numeration.
Consultant Dietitian
a person who is
				eligible for registration by the Dietetic Association, has a baccalaureate
				degree with major studies in food and nutrition, dietetics, or food service
				management; has one year of supervisory experience in the dietetic service of a
				health care institution and participates annually in continuing dietetic
				education.
Consultant Pharmacist
means a
				qualified licensed, registered pharmacist, who under arrangement with an
				institution, renders assistance in developing, implementing, evaluating, and
				revising where indicated, policies and procedures for providing the
				administrative and technical guidance of the pharmaceutical services relative
				to labeling, storing, handling, dispensing, and all other matters pertaining to
				the administration and control of drugs and medication. He/she provides such
				services and monitors activities within the institution with the express
				purpose of creating and maintaining the highest standards in medication
				distribution, control, and service.
Controlled Substances
means a drug,
				substance or immediate precursor in Schedules I through V of Article 11 of the
				Controlled Substances Act.
Department
shall mean the Arkansas
				Department of Human Services (DHS).
Director
shall mean the Director of
				the Division of Provider Services and Quality Assurance
Disinfection
shall mean the process
				employed to destroy harmful microorganisms, but ordinarily not viruses and
				bacterial spores.
Distinct Part
shall mean an
				identifiable unit accommodating beds and related facilities including, but not
				limited to, a wing, floor, or building that is approved by the Division for a
				specific purpose.
Division
shall mean the DHS/Division
				of Provider Services and Quality Assurance
Drug
means
(a) articles recognized in the Official
			 United States Pharmacopeia, Official Homeopathic Pharmacopeia of the United
			 States, or Official National Formulary, or any supplement to any of them;
			 and
(b) articles intended for use in
			 the diagnosis, cure mitigation, treatment, or prevention of disease in man or
			 other animal; and
(c) articles
			 (other than food) intended to affect the structure or any function of the body
			 of man or other animals; and
(d)
			 articles specified in clause (a), (b) or (c); but does not include devices or
			 their components, parts or accessories.
Drug Administration
is an act
				restricted to nursing personnel as defined in Nurses Practice Act 432 or 1971,
				in which a single dose of a prescribed drug or biological is given to a
				patient. This activity includes the removal of the dose from a previously
				dispensed, properly labeled container, verifying it with the prescriber's
				orders, giving the individual dose to the proper patient, and recording the
				time and dose given.
Drug Dispensing
is an act restricted
				to a pharmacist which involves the issuance of one or more doses of a
				medication in a container other than the original, with such new containers
				being properly labeled by the dispenser as to content and directions for use as
				directed by the prescriber. This activity also includes the compounding,
				counting, and transferring of medication from one labeled container to
				another.
Existing Facilities
are those
				facilities which were in operation, or those proposed facilities which began
				construction or renovation of a building under final plans approved by the
				Division prior to adoption of these rules.
Fire Resistance Rating
shall mean the
				time in hours or fractions thereof that materials or their assemblies will
				resist fire exposure as determined by fire test conducted in accordance with
				recognized standards.
Governing Body
shall mean the
				individuals or group in whom the ultimate authority and legal responsibility is
				vested for conduct of the nursing home.
Institution
is any facility requiring
				licensure under these rules.
Intermediate Care Facility (ICF)
is a
				nursing home licensed by Arkansas Social Services as meeting the Intermediate
				Care Facility rules. It is a health facility, or a distinct part of a hospital
				or Skilled Nursing Facility that is staffed, organized, operated, and
				maintained to provide 24- hour long term inpatient care and other restorative
				services under nursing supervision.
Legend Drugs
are drugs, which because
				of their toxicity or other potentiality for harmful effect, or the method of
				their use, or the collateral measures necessary to their use, are not safe for
				use except under the supervision of a practitioner licensed by law to
				administer such drugs, or shall be dispensed only on prescription by the
				pharmacist. Such drugs bear the label "Caution: Federal Law Prohibits
				Dispensing Without Prescription."
License
shall mean the basic document
				issued by the Division permitting the operation of nursing homes. This document
				constitutes the authority to receive patients and to perform the services
				included within the scope of these rules.
Licensed Bed Capacity
shall mean the
				exact number of beds for which license application has been made and
				granted.
Licensee
shall mean any state,
				municipality, political subdivision, institution, public, or private
				corporation, association, individual, partnership or any other entity to whom a
				license is issued for the purpose of operating the nursing home, who shall
				assume primary responsibility for complying with approved standards for the
				institution.
Medication Assistant- Any medication assistive person who is
				qualified and certified under Ark. Code Ann. §
										17-87-701
				et. seq.
New Construction
means those
				facilities which are constructed or renovated for the purpose of operating an
				institution according to architectural plans approved by the Division after
				adoption of these rules.
Nursing Home
shall mean and be
				construed to include any buildings, structure, agency, institution, or other
				place for the reception, accommodation, board, care, or treatment of two (2) or
				more unrelated individuals, who, because of physical or mental infirmity are
				unable to sufficiently or properly care for themselves, and for which
				reception, accommodation, board, care, and treatment, a charge is made,
				provided the term "Nursing Home" shall not include the offices of private
				physicians and surgeons, boarding homes, hospitals, or institutions operated by
				the Federal Government. (Section 2, Act 141 of 1961 as amended)
Nursing Home Classification
shall mean
				the level of care the nursing home is capable of rendering such as Skilled
				Nursing Facility, Intermediate Care Facility, and Intermediate Care Facility
				for the Mentally Retarded.
O.T.C. Drugs
are commonly referred to
				as "over-the-counter," or patient medication that may be provided without
				prescription.
Patient
(interchangeable with
				resident) shall mean any individual who is being treated by a physician or
				whose health is being supervised by a physician while residing within the
				respective facility.
Patient Unit
is an area designated to
				accommodate an individual patient bed, bedside cabinet, chair, reading light,
				and other necessary equipment placed at the bedside for the proper care and
				comfort of a patient.
Provisional Licensure
is a temporary
				grant of authority to the purchaser to operate an existing longterm care
				facility upon application for licensure to the Department.
Restorative Nursing or Rehabilitative
				Nursing
shall mean measures directed toward prevention of
				deterioration in normal body alignment, and muscle tone, restoration of the
				resident to full activity insofar as their health problems permit and
				maintaining a state in which their total need for care is minimal.
Restraint
is any device or instrument
				used to limit, restrict, or hold patients under control, not including safety
				vests or other instruments such as bed rails used for the safety and
				positioning of patients. Personal safety devices and postural support devices
				that restrict movement are considered restraints.
Sanitation
is the process of promoting
				hygiene and preventing disease by maintaining sanitary conditions.
Skilled Nursing Facility (SNF)
is a
				nursing home, or a distinct part of another facility, licensed by the
				Department as meeting the skilled nursing facility licensure rules. A health
				facility which provides skilled nursing care and supportive care on a 24-hour
				basis to residents whose primary need is for availability of skilled nursing
				care on an extended basis.
Qualified Social Worker
is a person
				who is registered by the State Board of Social Work and is a graduate of a
				school of social work accredited or approved by the council on Social Work
				Education.
State Health Officer
shall mean the
				Director of the Arkansas Department of Health, Secretary of the State Board of
				Health.
Sterile
the state of being free from
				all forms of micro-organisms.
Unit Dose Medication System
shall mean
				a system in which single doses of drugs are prepackaged and pre-labeled in
				accordance with all applicable laws and rules governing these practices and
				made available separated by resident and by dosage time. The system includes
				all equipment and records deemed necessary and used in making the doses
				available to the resident in an accurate and safe manner. A pharmacist shall be
				in charge of and responsible for the system.
Guardian
shall mean a court appointed
				person who by law is responsible for a patient's affairs.
Responsible Party
shall mean the
				person who is accountable for the patient's affairs but who has not been
				appointed by the court.
Routine
means the regular performance
				of a particular task.
Abbreviations
R.N.
Registered Nurse
L.P.N.
Licensed Practical Nurse
L.P.T.N.
Licensed Psychiatric Technician Nurse
N.A.
Nurse's Aide
P.T.
Part-time
F.T.
Full-time 40 hours per week in these rules and should
						  not be confused with (Fair Labor Standards Act)
N.H.
Nursing Home
LTC
Long Term Care
O LTC
Office of Long Term Care
O.T.C.
Over-the-counter drugs