Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 680 - Residential Care Homes › Subchapter 1 - General Provisions › Section 310:680-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
When used in this Chapter the following words or terms shall
				  have the following meaning unless the context of the sentence requires another
				  meaning.
"Abuse"
means any intentional or negligent act
				  or omission, directly and proximately resulting in physical or mental injury to
				  a resident of a facility.
"Access"
means the right of a person to enter a
				  home to communicate privately and without unreasonable restriction.
"Administration"
means the removing of a single
				  dose of medication from a labeled container and preparing that dose for
				  distribution.
"Administrator"
means the person who is in
				  charge of a home and denotes one-third (1/3) of his/her full working time to
				  on-the-job supervision of such home.
"Ambulatory"
means any resident who is capable
				  of self-movement, including in and out of wheelchairs, to all areas of the
				  home.
"Department"
means the State Department of
				  Health.
"Dispensing"
means transferring one or more
				  doses of medication from one labeled container to another labeled
				  container.
"Habilitation"
means procedures and
				  interventions designed to assist a mentally ill, drug dependent or
				  alcohol-dependent person eighteen (18) years of age or older to achieve greater
				  physical, mental and social development by enhancing the well-being of the
				  person and teaching skills which increase the possibility that the resident
				  will make progressively independent and responsible decisions about social
				  behavior, quality of life, job satisfaction and personal relationships.
"Home"
means residential care home.
"Institution of higher learning"
means an
				  institution which provides post-secondary school programs.
"Licensee"
means a person, corporation,
				  partnership, or association who is the owner of a home which is licensed
				  pursuant to the provisions of the Residential Care Act.
"Maintenance"
means meals, shelter, and laundry
				  services.
"Medication"
means a prescription drug or an
				  over-the-counter drug prescribed by a person licensed to prescribe.
"Monitor"
means watch, observe, check and keep
				  track of for a special purpose.
"Neglect"
means any act of omission or
				  commission by any owner, operator, administrator, licensee or any agent,
				  servant, employee or other person under the employment, supervision or control
				  of any one or more of the owners, operators or administrators, and which act is
				  a direct and proximate cause of any physical or mental injury to a
				  resident.
"Owner"
means a person, corporation,
				  partnership, association or other entity which owns a home or leases a home.
				  The person or entity who stands to profit or lose as a result of the financial
				  success or failure of the operation shall be presumed to be the owner of the
				  homes.
"Personal care"
means assistance with meals,
				  dressing, movement, bathing, or other personal needs or maintenance or general
				  supervision of the physical and mental well-being of a person who is capable of
				  maintaining a private, independent residence, or who is incapable of managing
				  his person whether or not a guardian has been appointed for such person.
"Representative of a resident"
means a
				  court-appointed guardian, or if there is no court-appointed guardian, the
				  parent of a minor, a relative or other person designated in writing by the
				  resident. An owner, agent, or employee of a home shall not be a representative
				  of a resident unless such person is appointed by the court.
"Residential Care Home"
means
(A) Any establishment or institution other than a hotel
				  motel, fraternity or sorority house, or college or university dormitory which
				  offers or provides residential accommodations, food service and supportive
				  assistance to any of its residents or houses any resident requiring supportive
				  assistance who are not related to the owner or administrator of the home by
				  blood or marriage. Said residents shall be ambulatory and essentially capable
				  of managing their own affairs, but do not routinely require skilled nursing
				  care or intermediate care.
(B) Transitional Living facility and halfway houses are
				  defined in section 3-403 of Title 43A of Oklahoma Statutes.
(C) A residential care home may consist of a series of units
				  or buildings which are not connected or part of the same structure if:
(i) Such buildings or units are owned by the same owner or
				  operator.
(ii) All residents of the units or buildings are fully
				  capable of ambulation to and from buildings or units.
(iii) The location and construction of the building or units
				  ensure the health, safety and protection from fire hazards and other hazards
				  and provide for the convenience and accessibility of the residents to each
				  residential building or unit.
(iv) Any out-of-doors premise or thoroughfare is adequately
				  maintained to ensure the health and safety of the residents.
(v) The building or units are within one hundred seventy-five
				  (175) feet of the building housing the main kitchen and dining room.
(vi) The units or buildings must be located in the most
				  convenient and accessible location for residents.
"Residential Care Certification"
means a program
				  in a residential care home certified by and contracted with the Department of
				  Mental Health to provide specialized services to residents who are mentally
				  ill.
"Self-administration"
means the administration
				  of resident's medication by the resident with periodic staff review.
"Supportive assistance"
means the service
				  rendered to any person which is sufficient to enable the person to meet an
				  adequate level of daily living. Supportive assistance includes but is not
				  limited to housekeeping, assistance in the preparation of meals, assistance in
				  the safe storage, distribution and administration of medications, and
				  assistance in personal care as is necessary for the health and comfort of such
				  person. The term "supportive assistance" shall not be interpreted or applied so
				  as to prohibit the participation of residents in housekeeping or meal
				  preparation tasks as a part of the written treatment plan for the training,
				  habilitation or rehabilitation of the resident prepared with the participation
				  of the resident, the mental health or drug or alcohol services case manager
				  assigned to the resident and the administrator of the facility, or his
				  designee. Supportive assistance shall not include medical service.
"Transfer"
means a change in location of living
				  arrangements of a resident from one home to another home.
Amended at 18 Ok Reg
				  2550, eff 6-25-01