Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2805 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply in this subchapter:
(1) "Activities of daily living (ADLs)" means
				tasks usually performed in the course of a normal day in a resident's life that
				include eating, walking, mobility, dressing, grooming, bathing, toileting, and
				transferring.
(2) "Administrator"
				means the person designated on the facility application or by written notice to
				the department as the person responsible for the daily operation of the
				facility and for the daily resident care provided in the facility.
(3) "Advance directive" means a written
				instruction, such as a living will, a do not resuscitate (DNR) order, or
				durable power of attorney (POA) for health care, recognized under state law
				relating to the provision of health care when the individual is
				incapacitated.
(4) "Ambulatory"
				means a person is capable of self mobility, either with or without mechanical
				assistance. If mechanical assistance is necessary, the person is considered
				ambulatory only if they can, without help from another person, transfer, safely
				operate, and utilize the mechanical assistance, exit and enter the facility,
				and access all common living areas of the facility.
(5) "Assisted living facility" is defined at
				50-5-101,
				MCA.
(6) "Change of ownership"
				means the transfer of ownership of a facility to any person or entity other
				than the person or entity to whom the facility's license was issued, including
				the transfer of ownership to an entity which is wholly owned by the person or
				entity to whom the facility's license was issued.
(7) "Department" means the Department of
				Public Health and Human Services.
(8) "Direct care staff" means a person or
				persons who directly assist residents with personal care services and
				medication. It does not include housekeeping, maintenance, dietary, laundry,
				administrative, or clerical staff at times when they are not providing any of
				the above-mentioned assistance. Volunteers can be used for direct care, but may
				not be considered part of the required staff.
(9) "Health care plan" means a written
				resident specific plan identifying what ongoing assistance with activities of
				daily living and health care services is provided on a daily or regular basis
				by a licensed health care professional to a category B, C, or D resident under
				the orders of the resident's practitioner. Health care plans are developed as a
				result of a resident assessment performed by a licensed health care
				professional who may consult with a multi-disciplinary team.
(10) "Health care service" means any service
				provided to a resident of an assisted living facility that is ordered by a
				practitioner and required to be provided or delegated by a licensed,
				registered, or certified health care professional. Any other service, whether
				or not ordered by a physician or practitioner, that is not required to be
				provided by a licensed, registered, or certified health care professional is
				not to be considered a health care service.
(11) "Involuntary transfer or discharge"
				means the involuntary discharge of a resident from the licensed facility or the
				involuntary transfer of a resident to a bed outside of the licensed facility.
				The term does not include the transfer of a resident from one bed to another
				within the same licensed facility, or the temporary transfer or relocation of
				the resident outside the licensed facility for medical treatment.
(12) "License" means the document issued by
				the department that authorizes a person or entity to provide personal care or
				assisted living services.
(13)
				"Licensed health care professional" means a licensed physician, physician
				assistant-certified, advanced practice registered nurse, or registered nurse
				who is practicing within the scope of the license issued by the Department of
				Labor and Industry.
(14)
				"Mechanical assistance" means the use of any assistive device that aids in the
				mobility and transfer of the resident. Assistive devices include braces,
				walkers, canes, crutches, wheelchairs, and similar devices.
(15) "Medication administration" means an act
				in which a prescribed drug or biological is given to a resident by an
				individual who is authorized in accordance with state laws and regulations
				governing such acts.
(16) "Mental
				health professional" means:
(a) a certified
				professional person under Title 53, chapter 21, part 1, MCA;
(b) a physician licensed under Title 37,
				chapter 3, MCA;
(c) a professional
				counselor licensed under Title 37, chapter 23, MCA;
(d) a psychologist licensed under Title 37,
				chapter 17, MCA;
(e) a social
				worker licensed under Title 37, chapter 22, MCA;
(f) a marriage and family therapist under
				Title 37, chapter 37, MCA;
(g) an
				advanced practice registered nurse, as provided for in
				37-8-202,
				MCA, with a clinical specialty in psychiatric mental health and mental
				disorders nursing; or
(h) a
				physician assistant licensed under Title 37, chapter 20, MCA, with a clinical
				specialty in psychiatric mental health.