Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Administrator
- the person appointed by
						the governing body who is responsible for the day to day functions of the
						ICF/DD. The administrator can also be called a chief executive officer
						(CEO).
Bedroom Space
- a distinct area used as
						a sleeping area.
Building Systems
-plumbing, mechanical
						and electrical systems necessary for the complete operations of a
						facility.
Curator
- a person appointed by the
						court when an individual is interdicted to act as guardian with either limited
						or full powers over the individual's estate and/or person, depending on the
						needs of the individual interdicted.
Department
- the Louisiana Department
						of Health and Hospitals (DHH).
Developmental Disabilities (DD)
-
						severe, chronic disabilities which are attributable to mental retardation,
						cerebral palsy, autism, epilepsy, or any other condition, other than mental
						illness, found to be closely related to mental retardation. This condition
						results in an impairment of general intellectual functioning or adaptive
						behavior similar to that of mental retardation, and requires treatment or
						services similar to those required for MR/DD, are manifested before the person
						reaches age 22 and are likely to continue indefinitely.
Discipline
- training that is expected
						to produce a specified character or pattern of behavior, and especially is
						expected to produce moral or mental improvement.
Discipline
- a field of study, a branch
						of instruction or learning, or a branch of knowledge or teaching.
Direct Service Management
- the act of
						controlling the various aspects of ICF/DD involving direct services to
						individuals in order to ensure effective care and treatment.
Direct Service Worker
-an employee of an
						ICF/DD who works directly with individuals as a major function of his/her
						job.
Existing Licensed Facility
- a
						structure which has been licensed by the department and has received occupancy
						approval from the local/parish authorities or occupancy approval from Louisiana
						State Facility Planning and Control and the Office of the State Fire Marshal
						prior to the effective date of promulgation of these provisions as a final
						Rule.
Family
- the natural or adoptive
						father, mother, brother, and sister, but may be interpreted broadly to include
						any person, whether related to the individual by blood or not, who resides in
						the individual's home and takes part in the individual's family life.
Governing Body
- a person or persons
						with the ultimate responsibility for conducting the affairs of the ICF/DD. The
						governing body is responsible for appointing an administrator of the
						ICF/DD.
Intermediate Care Facility for Persons with
						Developmental Disabilities (ICF/DD)
- any 24-hour residential
						facility, whether public or private, that provides services to individuals that
						meet the criteria to reside in that facility.
Individual
- a person who receives
						services from an ICF/DD.
Legally Responsible Person
- as
						appropriate, the parent(s) or tutor of a minor or the curator of an interdicted
						individual.
License
- a written certification,
						whether provisional or regular, of an ICF/DD's authorization to operate under
						state law.
Living Units
- an integral living space
						utilized by a particular group of individuals who reside in that space.
Major Renovation
- any repair or
						replacement of building materials or equipment which does not meet the
						definition of
minor alteration
.
Minor Alteration
- repair or
						replacement of building materials and equipment with materials and equipment of
						a similar type that does not diminish the level of construction beyond that
						which existed prior to the alteration. This does not include any alteration to
						the "functionality" or original design of the construction (for example, normal
						maintenance, re-roofing, painting, wallpapering, asbestos removal, and changes
						to the electrical and mechanical systems).
Parent
- the natural or adoptive mother
						and father of an individual.
Passive Physical Restraint
- the least
						amount of direct physical contact required on the part of a staff member to
						prevent an individual from harming himself/herself or others.
Psychotropic Medication
- prescription
						medication given for the purpose of producing specific changes in mood, thought
						processes, or behavior. They exert specific effects on brain function and can
						be expected to bring about specific clinically beneficial responses in
						individuals for whom they are prescribed. The term as used in this policy does
						not include all drugs which affect the central nervous system, or which may
						have behavioral effects. For example, the term does not include anticonvulsants
						or hormones.
Qualified Mental Retardation Professional
						(QMRP)
- the professionally qualified person responsible for
						overseeing the implementation of an individual's service plan. A QMRP is a
						person who has specialized training or one year of experience in training or
						one year of experience in treating or working with the mentally retarded as
						described in
						§8579 below.
Qualified Professional (QP)
- a
						psychologist or physician as described in
						§8579 below.
Re-Establishment Facilities
- an
						existing licensed facility that maintains its license while it has temporarily
						suspended operation in all or portions of a building due to substantial
						structural damage.
Replacement Facilities
- an existing
						structure that has obtained substantial structural damage beyond repair and is
						being totally replaced at another site location or on the same site.
Restraint
- the extraordinary
						restriction of an individual's freedom or freedom of movement.
Service Plan
- a comprehensive,
						time-limited, goal-oriented, individualized plan for care, treatment, and
						education of an individual in care of an ICF/DD. The
service
						plan
is based on a current comprehensive evaluation of the
						individual's needs.
SIP
- shelter in place.
Start of Construction
- the date the
						construction permit was issued for new construction, provided that the actual
						start of construction commenced within 180 days of the permit date. The actual
						start means either the first placement of permanent construction of a structure
						on a site, such as the pouring of a slab or footing, the installation of piles,
						the construction of columns, or any other work beyond the stage of excavation;
						or the placement of a manufactured home. Permanent construction does not
						include land preparation such as clearing, grading, or filling; nor does it
						include excavation of a basement, footings, piers, or foundation or the
						erection of temporary forms; nor does it include the installation of accessory
						structures, such as garages or sheds not occupied as dwelling units or not part
						of the main structure. For substantial repair or substantial improvement, the
						actual start of construction means the first alteration of any wall, ceiling,
						floor, or other structural part of a structure, whether or not that alteration
						affects the external dimensions of the structure.
Structure
- any building or other
						structure.
Substantial Structural Damage
- damage
						of any origin sustained by a structure, whereby the cost of restoration to its
						pre-damaged condition equals or exceeds 50 percent of its pre-damaged market
						value, or equals or exceeds a smaller percentage established by the authority
						having jurisdiction. Evaluation shall be as determined and accepted by the
						Department of Public Safety, Office of the State Fire Marshal in accordance
						with RS 40:1574 C-G.
Time-Out Procedure
- the isolation of
						an individual for a period of less than 30 minutes in an unlocked room.
Training
- any activity outside the
						normal routine of the ICF/DD which promotes the development of skills related
						to individual care, increases the knowledge of the person involved in a related
						field or fosters the development of increased professionalism.
Treatment Strategy
- an orientation or
						set of clinical techniques informed by a particular therapeutic model and used
						to meet a diagnosed need of an individual in care over and above the provisions
						of basic care.
Tutor
- pursuant to Louisiana civil
						law, a person appointed to have the care of the person of a minor and the
						administration of his/her estate. There are four types of tutorship.
1. Tutorship by Nature. Upon the death of either parent,
						the tutorship of minor individuals belongs of right to the other parent. Upon
						divorce or judicial separation, the tutorship of each minor individual belongs
						of right to the parent under whose care he/she has been placed.
2. Tutorship by Will. The right of appointing a tutor
						belongs exclusively to the father or mother dying last. The appointment may be
						through the surviving parent's will or by declaration in notaries act executed
						before a notary public and two witnesses. If the parents are divorced or
						judicially separated, only one with court-appointed custody may appoint a tutor
						by will or notaries act.
3. Tutorship by the Effect of Law. When a tutor has not
						been appointed for a minor by the parent dying last, the court shall appoint
						the nearest ascendant in the direct line of the minor.
4. Tutorship by Appointment of the Judge. When a minor is
						an orphan and has had no tutor appointed by either parent, or any relation
						claiming tutorship by effect of law, the court shall appoint a tutor for the
						minor.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.