Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 96 - FREESTANDING ADULT DAY HEALTH CENTERS › Section 11-96-2 - Definitions

Current through June, 2024
As used in this chapter:
"Activity coordinator" means a person having responsibility
				  for developing and implementing an activity program in an adult day health
				  center who:
(1) Has two years of experience in a social, recreational, or
				  educational program, one year of which was full-time employment in a client
				  activities program in a health care setting, mental health setting, or setting
				  for the care of the handicapped; or
(2) Is an occupational therapist, occupational therapy
				  assistant or recreational therapist.
"Administrator" means the person having responsibility for
				  the operation of an adult day health center.
"Adult day health care" means an organized day program of
				  therapeutic, social, and health services provided to adults with physical, or
				  mental impairments, or both, which require nursing oversight or care, for the
				  purpose of restoring or maintaining, to the fullest extent possible, their
				  capacity for remaining in the community.
"Adult day health center" means a facility which provides
				  adult day health care.
"Authorized representative" means a person authorized by
				  law, by court order, or by written consent of the client to act on behalf of
				  the client.
"Cardiopulmonary resuscitation" or "CPR" means an emergency
				  first-aid procedure that consists of opening and maintaining a client's airway,
				  providing artificial ventilation by means of rescue breathing, and providing
				  artificial circulation by means of external cardiac compression.
"Center" means adult day health center.
"Client" means any adult who has been admitted and
				  participates in the services offered by an adult day health center.
"Consultant" means a qualified person who gives professional
				  advice or service, with or without remuneration.
"Controlled drugs" has the same meaning as defined in
				  chapter 32 9, Hawaii Revised Statutes.
"Dentist" means any person holding a valid license to
				  practice dentistry in the State of Hawaii, pursuant to chapter 448, Hawaii
				  Revised Statutes.
"Department" means the State of Hawaii, Department of
				  Health.
"Designated representative" means the authorized
				  representative of the director of health.
"Dietitian" means a person who is registered by the
				  Commission on Dietetics Registration or is eligible for such
				  registration.
"Direct supervision" means that the supervisor shall be
				  present in the same building as the person being supervised and available for
				  consultation and assistance.
"Director" means the director of health, State of
				  Hawaii.
"Drug administration" means the act in which a single dose
				  of a prescribed drug or biological substance is given to a client by an
				  authorized person in accordance with all existing laws and rules governing
				  these 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 client and properly recording the time and dose
				  given to the client and signing the record. Only a licensed nurse or a
				  physician 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 substance for a client.
"Governing body" means the policy making authority, whether
				  an individual or a group, which has overall authority over the affairs of a
				  center and establishes policies concerning its operation and the welfare of the
				  individuals it serves.
"Immediate supervision" means that the supervisor shall be
				  physically present while a task is being performed.
"Individualized plan of care" means a written plan of
				  treatment and services provided to a client of an adult day health center in
				  accordance with the documented assessed needs of the client.
"Legal guardian" means a person appointed by a court to care
				  for another person or that person's property, or both.
"Licensed capacity" means the maximum number of clients
				  authorized to receive services at any one time in an adult day health center as
				  specified on the license.
"Licensee" means an individual or organization within the
				  State to whom a license to operate an adult day health center has been issued
				  and who is responsible for the administration and operation of the adult day
				  health center.
"Licensed nurse" means a person currently licensed by the
				  State of Hawaii as a licensed practical nurse or a registered nurse.
"Licensed practical nurse" means a nurse currently licensed
				  as such, pursuant to chapter 457, Hawaii Revised Statutes.
"Maintenance" means the upkeep of a building and equipment
				  to preserve the original functional and operational state.
"Medication" means any chemical compound, remedy, or
				  non-infectious biological substance, the action of which is not solely
				  mechanical, which may be administered to clients by any route as an aid in the
				  diagnosis, treatment or prevention of disease or other condition, for relief of
				  pain or suffering, or to control or improve any mental, physiological or
				  pathological condition.
"Mobile person" means a person who is capable of moving
				  about without human assistance and has the physical ability to leave a building
				  without the assistance or supervision of any other person.
"Multidisciplinary team" means a group within the adult day
				  health center that conducts assessments and makes decisions regarding
				  individual admission plans, treatment services, and discharge of clients; may
				  include but is not limited to, a staff or attending physician, a registered
				  nurse, a social worker, an occupational therapist, and a physical therapist as
				  appropriate to the case.
"Non-ambulatory person" means any person requiring human
				  assistance or supervision to leave a building under any circumstances.
"Nurse's aide" means a person who has successfully completed
				  a nurse aide training course and works under the supervision of a licensed
				  nurse.
"Occupational therapist" means a person currently registered
				  or eligible for registration by the American Occupational Therapy
				  Association.
"Occupational therapy aide" means a person who, under the
				  supervision of a registered occupational therapist, assists with occupational
				  therapy services.
"Occupational therapy assistant" means a person who is
				  currently registered or eligible for registration by the American Occupational
				  Therapy Association as an occupational therapy assistant.
"Pharmacist" means a person who is currently licensed as a
				  pharmacist, pursuant to chapter 461, Hawaii Revised Statutes.
"Physical therapist" means a person who is licensed to
				  practice physical therapy, pursuant to chapter 461J, Hawaii Revised
				  Statutes.
"Physical therapy assistant" means a person who has
				  graduated from a two year college level program approved by the Section on
				  Education of the American Physical Therapy Association.
"Physical therapy aide" means a person who, under the
				  immediate supervision of a registered physical therapist, assists with physical
				  therapy care.
"Physician" means any person holding a valid license to
				  practice medicine and surgery or osteopathy issued by the State of Hawaii,
				  pursuant to chapter
				  453 or
				  460, Hawaii Revised Statutes.
"Program director" means that person having on-site
				  responsibility for direction and coordination of the various programs at the
				  adult day health center.
"Provisional license" means a license issued for a specified
				  period of time (no longer than one year) at the discretion of the director in
				  order to allow the licensee additional time to correct deficiencies. No more
				  than two consecutive provisional licenses shall be issued to a center.
"Psychiatrist" means a person licensed to practice medicine
				  in the State of Hawaii and who is certified or is eligible to be certified in
				  psychiatry by the American Board of Psychiatry or Neurology.
"Psychiatric nurse" means a person who:
(1) Is a registered nurse with a graduate degree in
				  psychiatric nursing and one year of psychiatric nursing experience within the
				  past five years; or
(2) Is a registered nurse with one year of psychiatric
				  nursing experience in an acute psychiatric setting or in a psychiatric health
				  facility.
"Psychologist" means a person who is licensed in the
				  practice of psychology pursuant to chapter 465 Hawaii Revised Statutes.
"Registered nurse" means a person who is currently licensed
				  as a registered nurse, pursuant to chapter 457, Hawaii Revised Statutes.
"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
				  year's experience in a nursing facility, or some other health care
				  agency.
"Social work assistant" means a staff person with on the job
				  training who is supervised by means of consultation with a qualified social
				  worker.
"Speech therapist" means a person who is currently licensed
				  in the State of Hawaii as a speech pathologist or audiologist, pursuant to
				  chapter
				  468E, Hawaii Revised
				  Statutes.
"Supervision of employee" means to instruct an employee or
				  subordinate in the employee's duties and to oversee or direct the employee's
				  work, but does not necessarily require the immediate presence of the
				  supervisor.
"Waiver" means an exemption from a specific rule or
				  regulation, which may be granted to a center for a specified period of time at
				  the discretion of the director.