Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 1 - General Provisions › Section 310:662-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The words and terms, when used in this Chapter, shall have
				  the following meaning, unless the context clearly indicates otherwise.
"Act"
means the Home Care Act, 63 O.S. Supp.
				  1996, §1-1960 et seq.
"Affiliated
				  person"
means:
(A)
any officer, director or partner of the
				  applicant,
(B)
any person employed by the applicant as a general
				  or key manager who directs the operations of the facility which is the subject
				  of the application, and
(C)
any person owning or controlling more than five
				  percent (5%) of the applicant's debt or equity.
[63 O.S. Supp. 1998,
				  Section 1-1965]
"Autonomy"
means capacity to be
				  self-determining, to make choices in accord with one's own goals and
				  values.
"Branch office"
means a business location from
				  which a home care agency located in Oklahoma provides service within a portion
				  of the total geographic area served by the parent agency. Branch offices from
				  out of state parent agencies shall be licensed as home care agencies as
				  required by this Chapter. Branch offices from in state parent agencies may be
				  licensed as a part of the parent agency. Each home care agency branch office
				  shall operate under the same name(s) as the parent agency.
"Certified/accredited agency"
means any home
				  care agency located in Oklahoma which is certified or accredited by:
(A) Title XVIII or XIX of the federal Social Security
				  Act;
(B) the Joint Commission on Accreditation of Healthcare
				  Organizations/Home Care Accreditation Services (JCAHO); or
(C) the Community Health Accreditation Program of the
				  National League for Nursing (CHAP).
"Client"
means the consumer/patient/individual
				  who receives the services of a home care agency and/or a companion or sitter
				  service.
"Client's representative"
means the client's
				  legal guardian or person authorized by the client or client's legal guardian to
				  assist the client in receiving home care services.
"Coercion"
means compelling, pressuring or
				  otherwise improperly influencing the free will decisions made by a consumer(s)
				  or a potential consumer(s) of home care services by an agency representative or
				  affiliate. Coercive means include, but are not limited to, presentation of
				  false and/or misleading information.
"Department"
means the Oklahoma State
				  Department of Health.
[63 O.S. Supp. 1996, § 1-1961(3)]
"Evaluation"
means documentation of a need for
				  services based on the client self-report.
"Governing body"
means the person(s) having
				  ultimate responsibility, including fiscal and legal authority for the home care
				  agency.
"Harassment"
means repetitive, intimidating, or
				  otherwise distressing contact directed at a specific consumer(s) or potential
				  consumer(s) of home care by a specific home care agency seeking to recruit
				  clients.
"Home care agency"
means any sole
				  proprietorship, partnership, association, corporation, or other organization
				  which administers, offers, or provides home care services, for a fee or
				  pursuant to a contract for such services, to clients in their place of
				  residence.The term "home care agency" shall not include individuals who
				  contract with the Department of Human Services to provide personal care
				  services, provided such individuals shall not be exempt from certification as
				  home health aides.
[63 O.S. Supp. 1996, § 1-1961(4)]
"Home care agency administrator"
means a
				  person who operates, manages, or supervises, or is in charge of a home care
				  agency;
[63 O.S. Supp. 1996]
"Home care services"
means skilled or
				  personal care services provided to clients in their place of residence for a
				  fee.
[63 O.S. Supp. 1996, § 1-1961(5)]
"Home health aide"
means an individual
				  who provides personal care to clients in their temporary or permanent place of
				  residence for a fee.
[63 O.S. Supp. 1996, § 1-1961(6)]
"Individual Service Plan"
means documentation by
				  the individual responsible for supervision of the companion or sitter services,
				  or a designee, of the services requested by and agreed to be provided for a
				  client.
"Infectious wastes"
means waste capable of
				  producing an infectious disease because it contains pathogens of sufficient
				  virulence and quantity so that exposure to the waste by a susceptible human
				  host could result in an infectious disease.
"Licensed practical nurse"
means a person
				  currently licensed to practice practical nursing in Oklahoma.
"Nurse registry"
means any person that procures,
				  offers, promises, or attempts contracts for registered nurses, licensed
				  practical nurses, home health aides, or other providers of personal care who
				  are compensated by fees as independent contractors, for the provision of home
				  care services.
"Parent agency"
means that part of a home care
				  agency which develops and maintains administrative and professional control of
				  subunits and/or branch offices.
"Personal care"
means assistance with
				  dressing, bathing, ambulation, exercise or other personal needs.
[63
				  O.S. Supp. 1996, § 1-1961(7)]
"Personal needs"
means assistance with
				  activities of daily living such as getting out of bed, ambulation, exercise,
				  toileting, dressing, eating, or bathing. Personal needs do not include domestic
				  or maintenance services provided on a fee basis to maintain the home.
"Primary home care agency"
means the agency that
				  is responsible for the services furnished to clients and for implementation of
				  the plan of care.
"Qualified therapist"
means a trained
				  respiratory therapist or technician, or a physical therapist, occupational
				  therapist, or speech therapist who is currently licensed to practice their
				  profession in Oklahoma.
"Qualified therapy assistant"
means a physical
				  therapy assistant or occupational therapy assistant who is currently licensed
				  to assist physical therapists or occupational therapists in Oklahoma.
"Registered nurse"
means a person currently
				  licensed to practice registered nursing in Oklahoma.
"Sharps"
means any discarded objects that can
				  penetrate the skin including, but not limited to, hypodermic needles, syringes,
				  lancet and scalpel blades. This definition includes broken glass or other sharp
				  items that have come in contact with material defined as infectious
				  wastes.
"Skilled care"
means home care services
				  performed on a regular basis by a trained Respiratory Therapist/Technician or
				  by a person currently licensed by this State, including but not limited to a
				  Licensed Practical Nurse, Registered Nurse, Physical Therapist, Occupational
				  Therapist, Speech Therapist, or Social Worker
. [63 O.S. Supp. 1996,
				  § 1-1961(8)]
"Solicitation"
means coercion or harassment of
				  any person or contact with a patient knowingly being treated by another home
				  care agency for the purpose of attempting to persuade the patient to change
				  home care agencies.
"Standby assistance"
means supervision of
				  client directed activities with verbal prompting and infrequent, incidental
				  hands-on intervention only.
[63 O.S Supp. 2009 § 1-1961]
"Subsidiary"
means any person, firm,
				  corporation or other legal entity which:
(A)
controls or is controlled by the
				  applicant,
(B)
is controlled by an entity that also controls the
				  applicant, or
(C)
the applicant or an entity controlling the
				  applicant has directly or indirectly the power to control.
[63 O.S.
				  Supp. 1996]
"Subunit"
means a semi-autonomous organization
				  that serves clients in a geographic area different from that of the parent
				  agency. A subunit is required to independently meet requirements of this
				  Chapter and shall be licensed separately because it is too far from the parent
				  agency to share administration, supervision, and services on a daily
				  basis.
"Supportive home assistant"
means an
				  individual employed by a home care agency who provides standby assistance to
				  ambulatory clients, in conjunction with other companionship or homemaker
				  services, in the temporary or permanent place of residence of the client for a
				  fee.
[63 O.S Supp. 2009 § 1-1961]
Added at 11 Ok Reg 3185,
				  eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14
				  Ok Reg 2274, eff 6-12-97; Amended at 16 Ok Reg 3486, eff 7-30-99 (emergency);
				  Amended at 17 Ok Reg 2064, eff 6-12-00; Amended at 24 Ok Reg 2005, eff 6-25-07;
				  Amended at 25 Ok Reg 2455, eff 7-11-08; Amended at 28 Ok Reg 1061, eff
				  6-11-11