Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter A - General Provisions › Section I-9201 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Able to Self-Direct the Services
-a
						person's ability to make decisions about his or her own care and actively
						participate in the planning and directing of that care.
Abuse
-
1. the willful infliction of physical or mental
						injury;
2. causing deterioration by means including, but not
						limited to:
a. sexual abuse;
b. exploitation; or
c. extortion of funds or other things of value to such an
						extent that the health, moral or emotional well-being of the individual being
						supported is endangered; or
3. the willful infliction of injury, unreasonable
						confinement, intimidation or punishment which results in or which could
						reasonably be expected to result in physical or mental harm, pain or mental
						anguish. Lack of awareness or knowledge by the victim of the act which produced
						or which could have reasonably been expected to produce physical or mental
						injury or harm shall not be a defense to the charge of abuse.
Activities of Daily Living (ADLs)
-the
						functions or tasks which are performed by an individual in a typical day,
						either independently or with supervision/assistance. Activities of daily living
						may include, but are not limited to, bathing, dressing, eating, grooming,
						walking, transferring and toileting.
Assistance with Activities of Daily
						Living
-such assistance may be the actual performance of the task for
						the individual, or may provide hands-on assistance with the performance of the
						tasks, or may include supervision and prompting to allow the individual to
						self-perform such tasks.
Board
-
the Louisiana
						State Board of Nursing.
Daily Monitoring
-activities pursued on a
						daily basis by a family member, direct service worker and/or other health care
						providers for the purposes of collecting critical information needed to assure
						the individuals welfare. Monitoring activities may include, but are not limited
						to face-to-face home visits with the person receiving assistance or services
						and/or daily telephone calls with the individual or communication by other
						electronic means.
DAL
-Division of Administrative Law or
						its successor.
Department
-the Louisiana Department of
						Health (LDH).
Direct Service Worker (DSW)
-an
						unlicensed person who provides personal care or other services and support to
						persons with disabilities or to the elderly to enhance their well-being, and
						who is involved in face-to-face direct contact with the person. Functions
						performed may include, but are not limited to, assistance and training in
						activities of daily living, personal care services, and job-related supports.
						Examples of direct service workers employed or contracted in a licensed and/or
						certified health care setting include, but are not limited to:
1. patient care technicians;
2. hospital aides;
3. unlicensed assistive personnel (UAPs);
4. home health aides;
5. hospice aides;
6. direct care workers;
7. mental health technicians;
8. mental health aides;
9. mental health orderlies;
10. nursing aides or hospital orderlies;
11. nursing assistants;
12. patient care aides; and/or
13. any persons hired as unlicensed direct care staff
						that meet the provisions of this Chapter.
Note: Those persons who are listed on the Certified Nurse
						Aide Registry and who are employed as certified nurse aides in a licensed
						and/or certified nursing facility and/or a skilled nursing facility within a
						hospital are not included under these provisions as a direct service
						worker.
Direct Service Worker Registry
-the
						negative database, maintained by the department, or its designee, of unlicensed
						persons who have a finding placed against them of abuse, neglect,
						misappropriation, exploitation, or extortion while employed as a DSW at a
						licensed health care facility or entity who are ineligible to be employed, or
						have continued employment, as a direct service worker.
Disability
-a physical or mental
						impairment which substantially limits one or more of the major life activities
						of an individual or who has a history of such impairment or who is regarded as
						having such impairment; having a condition (such as an illness or an injury)
						that damages or limits a person's physical or mental abilities, either
						temporarily or on a permanent basis.
Elderly
-any adult over 75 years old or
						individuals over 65 years old who have functional impairments.
Employed
-performance of a job or task
						for compensation, such as wages or a salary. An employed person may be one who
						is contracted or one who is directly hired for an on staff position.
Employer
-
an
						individual or entity that pays an individual wages or a salary for performing a
						job.
Exploitation
-the illegal or improper
						use or management of the funds, assets or property of an adult with
						disabilities or who is elderly, or the use of the power-of-attorney or
						guardianship of an adult with disabilities or who is elderly for ones own
						profit or advantage.
Extortion-
the acquisition of a thing of
						value from an unwilling or reluctant adult by physical force, intimidation or
						abuse of legal or official authority.
Finding
-allegations of abuse, neglect,
						misappropriation, exploitation or extortion that are placed against the DSW on
						the registry by the department for the following reasons:
1. after a final decision by an administrative law judge
						or a court of law, after all appeal delays afforded by law are exhausted;
						or
2. failure by the accused to timely request an appeal in
						accordance with the provisions of this Rule.
Health Care Provider
-any health care
						facility, agency, or entity licensed and/or certified by LDH. Such entities may
						be referred to in other laws, statutes and regulations as providers, agencies,
						clinics, residential care units, homes or facilities. Health care providers
						include, but are not limited to, the following:
1. nursing facilities;
2. hospice providers;
3. hospitals;
4. intermediate care facilities;
5. adult residential care providers;
6. adult day health care centers;
7. home health agencies;
8. behavioral health providers;
9. dialysis units; or
10. home and community based services providers.
Health Standards Section (HSS)
-the
						section of the Department of Health responsible for the licensing and/or
						certification of health care providers.
Home and Community-Based Services
-those
						services as defined in
						R.S.
						40:2120.2 or a successor statute. For the
						purposes of this Rule, home and community-based services do not include
						services provided in day or residential congregate care settings including, but
						not limited to, the following:
1. nursing facilities;
2. hospice care facilities;
3. hospitals;
4. intermediate care facilities;
5. adult residential care providers;
6. adult day health care centers; or
7. any other 24-hour facility licensed by the department,
						Department of Education or the Department of Children and Family Services,
						exclusive of center-based respite facilities.
Independent Living Environment
-Repealed.
Major Life Activities
-functions such as
						caring for ones self, performing manual tasks, walking, seeing, hearing,
						speaking, breathing, learning and working.
Mental Abuse
-emotional or mental abuse
						may involve any activity that is designed to blame, shame, humiliate, or
						intimidate an individual and includes, but is not limited to abuse that is
						facilitated or caused by taking or using photographs or recordings in any
						manner that would demean or humiliate a client using any type of equipment
						(e.g., cameras, smart phones, and other electronic devices) and/or keeping or
						distributing them through multimedia messages or on social media sites.
1. Mental abuse may occur through either verbal or
						nonverbal conduct which causes or has the potential to cause the client to
						experience humiliation, intimidation, fear, shame, agitation, or degradation,
						regardless of whether the client provided consent and regardless of the clients
						cognitive status. This may include, but is not limited to:
a. photographs and recordings of clients that contain
						nudity;
b. sexual and intimate relations;
c. bathing, showering or toileting;
d. providing perineal care, such as after an incontinence
						episode;
e. agitating a client to solicit a response;
f. derogatory statements directed to the client;
g. showing a body part of the client without the clients
						face, whether it is the chest, limbs or back;
h. labeling a clients pictures and/or providing comments
						in a demeaning manner;
i. directing a client to use inappropriate language;
						and/or
j. showing a client in a compromised position.
Misappropriation
-taking possession
						without the permission of the individual who owns the personal belongings or
						the deliberate misplacement, exploitation or wrongful temporary or permanent
						use of an individual's belongings or money without the individual's
						consent.
Neglect
-the failure by a caregiver
						responsible for an adults care or by other parties, to provide the proper or
						necessary support or medical, surgical, or any other care necessary for his/her
						well-being, unless the resident exercises his/her right to refuse the necessary
						care.
Noncomplex Task
-
a
						health-related task with predictable results that can be safely performed
						according to exact directions with no need to alter the standard
						procedure.
Person-Specific Training
-a set of
						knowledge, skills, training and abilities that address the clients strengths,
						restrictions relative to aging, disabilities, health care needs and related
						factors in order to meet the unique needs of the person receiving care.
Plan of Care
-a plan that describes the
						assistance or services required to be provided to a person receiving home and
						community-based services, as defined herein. The plan also describes who shall
						provide the assistance and the frequency and/or duration of the services that
						shall be provided.
Provider
-
1. an entity that furnishes care and services to
						consumers and has been licensed and/or certified by the department to operate
						in the state;
2. in the case of an authorized departmental
						self-directed program, provider shall be the entity or individual as specified
						by the program employing or contracting the direct service worker.
Registered Nurse
-
any individual possessing a valid, active and unencumbered Louisiana
						license to practice nursing as a registered nurse (RN).
Stable and Predictable
-
a situation in which the person's clinical and behavioral status is
						determined by a licensed RN to be non-fluctuating and consistent. A stable and
						predictable condition involves long term health care needs which are
						recuperative in nature and do not require the regular scheduled presence of a
						RN or licensed practical nurse (LPN).
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2179-2179.1.