Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 1 - GENERAL PROVISIONS › Section R. 400.301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) As
					 used in these rules:
(a) "Abuse" means the
					 willful infliction of injury, unreasonable confinement, intimidation, or
					 punishment with resulting physical harm, pain, or mental anguish. Abuse
					 includes the deprivation by an individual, including a caretaker, of goods or
					 services that are necessary to attain or maintain physical, mental, and
					 psychological well-being. Instances of abuse of all patients, irrespective of
					 any mental or physical condition, cause physical harm, pain, or mental anguish.
					 Abuse includes verbal abuse, sexual abuse, physical abuse, and mental abuse
					 including abuse facilitated or enabled through the use of technology. Verbal
					 abuse occurs when an individual purposely uses negative or demeaning words
					 directed at a resident. Willful means the individual must have acted
					 deliberately, not that the individual must have intended to inflict injury or
					 harm.
(b) "Act" means the public
					 health code, 1978 PA 368, MCL
					 333.1101 to
					 333.25211.
(c) "Applicant" means a person applying to
					 the department for a certificate or permit as provided in the act or these
					 rules.
(d) "Article 15" means
					 article 15 of the act, MCL
					 333.16101 to
					 333.18838.
(e) "Article 17" means article 17 of the act,
					 MCL 333.20101 to
					 333.22260.
(f) "Business day" means a day other than a
					 Saturday, Sunday, or any legal holiday.
(g) "Complaint" means an allegation that a
					 person or program has violated the act or administrative rules promulgated
					 under the act.
(h) "Department"
					 means the department of licensing and regulatory affairs.
(i) "Health facility or agency" means that
					 term as defined in section
					 20106 of the act, MCL
					 333.20106, except for an
					 ambulance operation, aircraft transport operation, non-transport prehospital
					 life support operation, medical first response service, or health maintenance
					 organization.
(j) "Misappropriation
					 of resident property" means the deliberate misplacement, exploitation, or
					 wrongful, temporary, or permanent use of a patient's belongings or money
					 without the resident's consent.
(k)
					 "Neglect" means the failure of the nurse aide to provide goods and services to
					 a patient that are necessary to avoid physical harm, pain, mental anguish, or
					 emotional distress. Failure as used in the definition of neglect means the
					 omission of required goods and services or the failure to provide the goods and
					 services as required in a patient's care documents.
(l) "Physician" means an individual licensed
					 to engage in the practice of medicine or the practice of osteopathic medicine
					 and surgery under part 170 or 175 of the act, MCL
					 333.17001 to
					 333.17097 and MCL
					 333.17501 to
					 333.17556.
(m) "Proprietary school" means a school that
					 provides training in a specific trade, occupation, or vocation and is required
					 to be licensed by this state pursuant to the proprietary schools act, 1943 PA
					 148, MCL 395.101 to
					 395.103.
(n) "Registered professional nurse" means an
					 individual who is licensed to practice nursing pursuant to part 172 of the act,
					 MCL 333.17201 to
					 333.17242.
(o) "state approved testing program" means a
					 competency evaluation as required by
					 42 CFR
					 483.154.
(p) "state permitted training program" means
					 a nurse aide training and competency evaluation program as required by
					 42 CFR
					 483.151 and
					 483.152.