Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-002 - DEFINITIONS

Current through June 17, 2024
Abuse
means any knowing,
				  intentional or negligent act or omission on the part of a person which results
				  in physical, sexual, verbal or mental abuse, unreasonable confinement, cruel
				  punishment, exploitation, or denial of essential care, treatment and services
				  to a patient.
Activities of daily living
(See
				  definition of "Care.")
Adjoining
means located to allow
				  access without having to enter a general corridor area used or observed by
				  other facility occupants.
Administrator
means the operating
				  officer for a health clinic and may include such titles as administrator, chief
				  executive officer, manager, superintendent, director or similar
				  designation.
Ambulatory surgical center
means a
				  facility:
1. Where surgical services are provide to persons not
				  requiring hospitalization who are admitted to and discharged from such facility
				  within the same working day and are not permitted to stay overnight at such
				  facility;
2. Which meets all applicable requirements for licensure as a
				  health clinic under the Health Care Facility Licensure Act; and
3. Which has qualified for a written agreement with the
				  Health Care Financing Administration of the United States Department of Health
				  and Human Services or its successor to participate in Medicare as an ambulatory
				  surgical center as defined in
				  42 CFR
				  416.1 to
				  416.200
				  or which receives other third-party reimbursement for such services.
Ambulatory surgical center does not include an office or
				  clinic used solely by a practitioner or group of practitioners in the practice
				  of medicine, dentistry, or podiatry.
Applicant
means the individual,
				  government, corporation, partnership, limited liability company or other form
				  of business organization who applies for a license.
Biological
means any virus,
				  therapeutic serum, toxin, antitoxin or analogous product applicable to the
				  prevention, treatment or cure of disease or injuries of humans.
Care
means the exercise of concern
				  or responsibility for the comfort, welfare, and habilitation of persons,
				  including a minimum amount of supervision and assistance with or the provision
				  of personal care, activities of daily living, health maintenance activities, or
				  other supportive services. For purposes of this chapter:
1.
Activities of daily living
means
				  transfer, ambulation, exercise, toileting, eating, self-administered
				  medication, and similar activities;
2.
Health maintenance activities
means noncomplex interventions which can safely be performed according to exact
				  direction, which do not require alteration of the standard procedure, and for
				  which the results and patient responses are predictable; and
3.
Personal care
means bathing, hair
				  care, nail care, shaving, dressing, oral care, and similar activities.
Complaint
means an expression of a
				  concern or dissatisfaction.
Completed application
means the
				  application that contains all the information specified in 175 NAC
				  7-003 and includes all required
				  attachments and documentation and the licensure fee.
Department
means the Department of
				  Health and Human Services Regulation and Licensure.
Designee
means a person who is
				  authorized by law or the patient to act on his or her behalf, for example a
				  parent of a minor child, a legal guardian, a conservator, and an attorney in
				  fact named in a durable power of attorney for health care.
Device
means an instrument,
				  apparatus, implement, machine, contrivance, implant, in vitro reagent, or other
				  similar or related article, including any component, part, or accessory, which
				  is prescribed by a medical practitioner and dispensed by a pharmacist or other
				  person authorized by law to do so.
Direction and monitoring
means, for
				  the purpose of medication administration, the acceptance of responsibility for
				  observing and taking appropriate action regarding any desired effects, side
				  effects, interactions and contraindications associated with the medication.
				  Direction and monitoring can be done by a:
1. Competent individual for himself or herself;
2 Caretaker; or
3. Licensed health care professional.
Director
means the Director of
				  Regulation and Licensure.
Drug
means substances as defined in
Neb. Rev. Stat.
§ 71-1,142.
Existing facility
means a licensed
				  health care facility or a facility whose construction or remodeling plans were
				  approved by the Department prior to the effective date of 175 NAC 7.
Exploitation
means the taking of
				  property of a patient by means of undue influence, breach of a fiduciary
				  relationship, deception, or extortion or by any unlawful means.
Facility
means a health clinic as
				  defined.
Five rights
means getting the right
				  drug to the right recipient in the right dosage by the right route at the right
				  time.
Food code
means the Nebraska Food
				  Code as defined in
Neb. Rev. Stat.
§
									81-2,244.01
				  and as published by the Nebraska Department of Agriculture, except for
				  compliance and enforcement provisions.
Food service
means the storage,
				  preparation, serving, and disposition of food intended for consumption in a
				  health clinic. Food service does not include provision of prepackaged snacks or
				  nutritional supplements.
Foreign
when applied to
				  corporations means all those created by authority other than that of the State
				  of Nebraska.
Grievance
means a written
				  expression of dissatisfaction which may or may not be the result of an
				  unresolved complaint.
Health care facility
means an
				  ambulatory surgical center, an assisted-living facility, a center or group home
				  for the developmentally disabled, a critical access hospital, a general acute
				  hospital, a health clinic, a hospital, an intermediate care facility, an
				  intermediate care facility for the mentally retarded, a long-term care
				  hospital, a mental health center, a nursing facility, a pharmacy, a psychiatric
				  or mental hospital, a public health clinic, a rehabilitation hospital, a
				  skilled nursing facility or a substance abuse treatment center.
Health care practitioner
means any
				  individual credentialed under the Uniform Licensing Law or other laws of the
				  State of Nebraska.
Health care practitioner facility
means the residence, office, or clinic of a practitioner or group of
				  practitioners credentialed under the Uniform Licensing law or any distinct part
				  of the residence, office, or clinic.
Health care service
means an adult
				  day service, a home health agency, a hospice or hospice service, or a respite
				  care service.
Health maintenance activities
(See
				  definition of "Care.")
Health clinic
means a facility
				  where advice, counseling, diagnosis, treatment, surgery, care, or services
				  relating to the preservation or maintenance of health are provided on an
				  outpatient basis for a period of less than 24 consecutive hours to persons not
				  residing or confined at such facility. Health clinic includes, but is not
				  limited to, an ambulatory surgical center or a public health clinic.
Health clinic does not
				  include:
1. A health care practitioner facility
a. Unless such facility is an ambulatory surgical
				  center;
b. Unless ten or more abortions, as defined in subdivision
				  (1) of
Neb. Rev. Stat.
§
									28-326,
				  are performed during any one calendar week at such facility; or
c. Unless hemodialysis or labor and delivery services are
				  provided at such facility; or
2. A facility which provides only routine health screenings,
				  health education, or immunizations.
Hemodialysis
means the mechanical
				  process of removing unwanted wastes and fluid from the blood to prevent toxic
				  buildup in patients whose kidneys no longer perform this function. This is done
				  by circulating a patient's blood through a semipermeable membrane, or dialyzer.
				  Circulation occurs outside the patient's body.
Licensed health care professional
means an individual for whom administration of medication is included in the
				  scope of practice.
Licensee
means the individual,
				  government, corporation, partnership, limited liability company, or other form
				  of business organization legally responsible for the operation of the facility
				  and to whom the Department has issued a license.
Medical practitioner
means any
				  licensed physician, osteopathic physician, dentist, podiatrist, optometrist,
				  chiropractor, physician assistant, certified registered nurse anesthetist,
				  advanced practice registered nurse, or certified nurse midwife.
Medication
means any prescription
				  or nonprescription drug intended for treatment or prevention of disease or to
				  affect body function in humans.
Medication administration
includes,
				  but is not limited to:
1. Providing medications for another person according to the
				  five rights;
2. Recording medication provision; and
3. Observing, monitoring, reporting and otherwise taking
				  appropriate actions regarding desired effects, side effects, interactions, and
				  contraindications associated with the medication.
Medication aide
means an individual
				  who is listed on the medication aide registry operated by the Department as
				  provided in 172 NAC 95 and 96.
Medication provision
means the
				  component of the administration of medication that includes giving or applying
				  a dose of a medication to an individual and includes helping an individual in
				  giving or applying such medication to himself or herself.
Mental abuse
means humiliation,
				  harassment, threats of punishment, deprivation or other actions causing mental
				  anguish.
NAC
means Nebraska Administrative
				  Code.
Neglect
means a failure to provide
				  care, treatment or services necessary to avoid physical harm or mental anguish
				  of a patient.
New construction
means a facility
				  or a distinct part of a facility in which care and treatment is to be provided
				  and which is enlarged, remodeled or altered in any fashion or is built from the
				  ground up on or after the effective date of 175 NAC 7.
New facility
means a facility or a
				  distinct part of a facility in which care and treatment is to be provided and
				  which is not currently licensed as a health care facility. New facility also
				  includes those facilities, which were previously licensed for care and
				  treatment in another licensure category which now intend to seek licensure in a
				  different category.
Patient
means a person who receives
				  care and treatment as recommended by a medical practitioner at a health
				  clinic.
Personal care
(See definition of
				  "Care.")
Physical abuse
means hitting,
				  slapping, pinching, kicking, or other actions causing injury to the
				  body.
Physician
means any person
				  authorized to practice medicine in this state as provided in
Neb.
				  Rev. Stat.
§§ 71-102 to 71-110.
Premises
means a facility, the
				  facility's grounds and each building or grounds on contiguous property used for
				  administering and operating a facility.
PRN
means an administration scheme
				  in which a medication is not routine, is taken as needed and requires
				  assessment for need and effectiveness.
Public health clinic
means the
				  department, and county, city-county, or multicounty health department, or any
				  private not-for-profit family planning clinic licensed as a health
				  clinic.
Qualified inspector
means a
				  professional architect or engineer licensed to practice in Nebraska, an
				  official or employee of a local jurisdiction authorized by that jurisdiction to
				  make inspections or particular building equipment or systems, or an individual
				  certified by a nationally recognized organization to make such
				  inspections.
Routine health screenings
means the
				  collection of health data through the administration of a screening tool
				  designed for a specific health problem, evaluation, and comparison of results
				  to referral criteria, and referral to appropriate sources of care, if
				  indicated.
Schematic plans
means a diagram of
				  the facility or service which describes the number and location of beds; the
				  location of care and treatment rooms, Life Safety Code construction and
				  occupancy classifications locations, fire compartments, and Fire Marshal
				  approved points of safety.
Screening tool
means a simple
				  interview or testing procedure to collect basic information on health
				  status.
Sexual abuse
means sexual
				  harassment, sexual coercion, or sexual assault.
Treatment
means a therapy,
				  modality, product, device, or other intervention used to maintain well being or
				  to diagnose, assess, alleviate, or prevent a disability, injury, illness,
				  disease, or other similar condition.
Unlicensed direct care staff
means
				  personnel who are not licensed or certified under the Uniform Licensing Law or
				  other state laws governing the practice of health care and whose primary
				  responsibility is to manage, supervise, and/or provide direct care to patients.
				  Unlicensed direct care staff includes nursing assistants, medication aides, and
				  other personnel with this responsibility and with job titles designated by the
				  facility.
Verbal abuse
means the use of oral,
				  written, or gestured language including disparaging and derogatory terms to
				  patients or within their hearing distance.