Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
means Title 63 of the Oklahoma Statutes,
				  Sections
				  1-1901 and
				  following as amended also known as the Nursing Home Care Act.
"Allied health professional"
means one of the
				  following persons: physician assistant, physical, speech, or occupational
				  therapist, occupational therapy assistant, physical therapy assistant, or
				  qualified social worker.
"Antipsychotic drug"
means a drug, sometimes
				  called a major tranquilizer, used to treat symptoms of severe psychiatric
				  disorders, including but not limited to schizophrenia and bipolar disorder.
"Attendant"
means the person having control of
				  an animal/pet visiting or in residence in a facility.
"Approval"
means the mandatory state government
				  process by which an agency or program is reviewed, and publicly proclaimed, to
				  render a service worthy of note.
"CEP"
means the nurse aide competency evaluation
				  program.
"Certification"
means the process by which a
				  non-governmental agency, or association, or governmental agency attests that an
				  individual or facility has met certain predetermined standards specified by the
				  certifying body.
"Certified medication aide"
means a person who
				  has passed a Department approved program for administering medications.
"Certified nurse aide"
means any person who
				  provides, for compensation, nursing care or health-related services to
				  residents of a facility, who is not a licensed health professional and has
				  completed a Department approved training and competency program.
"Charge nurse"
means a registered nurse or
				  licensed practical nurse responsible for supervising nursing services on a
				  specific shift.
"Chemical restraints"
means the use of a
				  medication for the purpose of discipline, convenience, or in an emergency
				  situation to control mood or behavior and not required to treat the resident's
				  symptoms.
"Consultant registered nurse"
means a registered
				  nurse who provides consultation to the director of nursing and administrator
				  concerning the delivery of nursing care for all residents in the facility.
"Denial"
means a decision made by the
				  appropriate body to disapprove an application.
"Direct care staff"
means nursing, activity,
				  social and therapy staff.
"Director of nursing"
means either a registered
				  nurse or licensed practical nurse, who has the authority and responsibility to
				  administer nursing services within the facility.
"Emergency"
means, for the purposes of Title 63
				  O.S. §
									1-1912,
				  a serious, potentially life-threatening or life-endangering situation in which
				  immediate action is necessary to ensure the health, safety, or welfare of
				  residents, and for which the facility:
(A) does not have a plan acceptable to the Department to
				  ensure health, safety or welfare of residents; or
(B) refuses to remedy the situation.
"Health related services"
means any medically
				  directed service provided by any person in a facility that may include but is
				  not limited to, the following:
(A) Positioning and turning of residents;
(B) Self-help skill training;
(C) Assistance with prosthetic/assistive devices;
(D) Medication administration;
(E) Nutrition and hydration;
(F) Monitoring of resident vital signs;
(G) Catheter and nasogastric care;
(H) Behavior modification programs;
(I) Administering a medically related care plan; and
(J) Restorative services.
"In charge"
and
"supervision"
means
				  the administrator must have the requisite authorization from the licensee to
				  make those purchases and incur those necessarily attendant debts in order to
				  comply with the rules promulgated by the Board and all pertinent state
				  statutes.
"Inservice education"
means activities intended
				  to assist the individual to acquire, maintain, and/or increase competence in
				  fulfilling the assigned responsibilities specific to the employer's
				  expectations.
"Licensed health professional"
means one of the
				  following: a physician; dentist, podiatrist, chiropractor, physician assistant,
				  nurse practitioner; pharmacist; physical, speech, or occupational therapist;
				  registered nurse, licensed practical nurse; licensed or certified social
				  worker; or licensed/registered dietician.
"Licensed nurse"
means a registered nurse or a
				  licensed practical nurse who is currently licensed by the Oklahoma Board of
				  Nursing.
"Licensed pharmacist"
means a person who is a
				  graduate of an accredited pharmacy program and is currently licensed by the
				  Oklahoma Board of Pharmacy.
"Licensed practical nurse"
means a person who is
				  a graduate of a state approved practical nursing education program, or who
				  meets other qualifications established by the Oklahoma Board of Nursing, and is
				  currently licensed by the Oklahoma Board of Nursing.
"Licensure"
means the process by which the
				  Department grants to persons or entities the right to establish, operate, or
				  maintain any facility.
"Local law enforcement"
means:
(A) The municipal police department, if the facility is
				  within the jurisdiction of any municipality of this state, or
(B) The county sheriff, if the facility is outside the
				  jurisdiction of any municipality within this state.
"Long-term care facility"
means:
(A) a nursing facility as defined in 63 O.S. § 1-1902;
(B) a continuum of care facility as defined under the
				  Continuum of Care and Assisted Living Act; or
(C) the nursing care component of a life care community as
				  defined by the Long-term Care Insurance Act.
"Manager" or "supervisor"
means the person or
				  entity which performs administrative services for the licensee. The manager or
				  supervisor is not legally responsible for the decisions and liabilities of the
				  licensee, and does not stand to gain or lose financially as a result of the
				  operation of the facility. The manager is paid a fee or salary for services,
				  and the primary remuneration shall not be based upon the financial performance
				  of the facility.
"Misappropriation of resident's property"
means
				  the taking, secretion, misapplication, deprivation, transfer, or attempted
				  transfer to any person not entitled to receive any property, real or personal,
				  or anything of value belonging to or under the legal control of a resident,
				  without the effective consent of the resident or other appropriate legal
				  authority, or the taking of any action contrary to any duty imposed by federal
				  or state law prescribing conduct relating to the custody or disposition of
				  resident's property.
"Nurse aide"
means any person providing nursing
				  or nursing related services to residents in a facility, but does not include an
				  individual who is a licensed health professional, or who volunteers to provide
				  such services without monetary compensation.
"Nurse aide trainee"
means any person who has
				  been employed by a facility to provide nursing care or health related services,
				  and is enrolled in but has not completed a Department approved training and
				  competency program.
"Orientation"
means the training for a
				  particular job activity given to all employees.
"Perishables"
means food supplies, to include
				  dietary supplements and intravenous feedings, medical supplies, and
				  medications.
"Physical restraints"
means any manual method or
				  physical or mechanical device, material or equipment attached or adjacent to
				  the resident's body that the resident cannot remove easily, that is not used
				  for the purpose of therapeutic intervention or body alignment as determined by
				  resident assessment and care planning, and which restricts the resident's
				  desired freedom of movement and access to his or her body.
"Prescribing clinician"
means:
(A) an allopathic or osteopathic physician licensed by and in
				  good standing with the Oklahoma State Board of Medical Licensure and
				  Supervision or the Oklahoma State Board of Osteopathic Examiners, as
				  appropriate;
(B) a physician assistant licensed by and in good standing
				  with the Oklahoma State Board of Medical Licensure and Supervision; or
(C) an Advanced Practice Registered Nurse licensed by and in
				  good standing with the Oklahoma Board of Nursing.
"Qualified nutritionist"
is a Department
				  approved person who holds a baccalaureate with major studies in food and
				  nutrition, dietetics, or food service management; has one year experience in
				  the dietetic service of a health care institution; and participates in
				  continuing education annually.
"Registered/licensed dietitian"
means a person
				  who is registered as a dietitian by the American Dietetic Association and
				  licensed by the Oklahoma Board of Medical Licensure and Supervision.
"Registered nurse"
means a person who is a
				  graduate of a state approved registered nursing education program, and who is
				  currently licensed by the Oklahoma Board of Nursing.
"Registry"
means a Department maintained list of
				  individuals who have successfully completed a nurse aide training and
				  competency evaluation program, or a competency evaluation program, approved by
				  the Department.
"Representative of a resident"
means a
				  representative of a resident as defined by 63 O.S. § 1-1902.
"Resident"
means a resident as defined by 63
				  O.S. § 1902.
"Revoke"
means to rescind approval of a previous
				  action.
"Specialized facility"
means any facility which
				  offers or provides inpatient long-term care services on a twenty-four hour
				  basis to a limited category of persons requiring such services, including, but
				  not limited to, a facility providing health or habilitation services for
				  developmentally disabled persons, infants and/or children, or Alzheimer's and
				  dementia residents.
"Standards of nursing practice"
means an
				  authoritative statement that describes a level of care or performance common to
				  the profession of nursing by which the quality of nursing practice can be
				  judged. Standards of nursing practice include both standards of care and
				  standards of professional performance.
"Standards of care"
means a description of a
				  competent level of care demonstrated by a process of accurate assessment and
				  diagnosis, planning, appropriate interventions, and predicted patient outcomes.
				  (Appendix B of this Chapter.)
"Standards of professional performance"
means a
				  description of a competent level of behavior in the professional role including
				  activities related to quality assurance, education, consultation, research,
				  ethics, resource utilization, accountability, peer review, and
				  interdisciplinary collaboration.
"Suspended license"
means a license that is
				  issued for a period not to exceed three years to a facility which has
				  temporarily closed or ceased operations.
"Training and competency evaluation program"
means a program approved by the Department to instruct and evaluate individuals
				  to act as nurse aides.
"Transfer"
means the move of a resident from one
				  facility to another facility.
"Intra-facility transfer"
means the moving of a
				  resident from one room to another within a facility.
"Transfer of ownership"
means a change of
				  substantial, or controlling interest, in the ownership of a facility. A change
				  of less than five percent (5%) of the interest of the owner does not constitute
				  a transfer of ownership unless it also results in a change of control of the
				  owner.
"Willful violation"
means:
(A) a pattern of violation of staffing requirement;
(B) a violation of staffing requirement in which the facility
				  knew or should have known staffing would be insufficient to meet the
				  requirement yet took no action to avert the violation; or
(C) the reporting of materially inaccurate or misleading
				  information of staffing to the Health Care Authority.
Amended at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Amended at 10 Ok Reg 1639, eff 6-1-93; Amended at
				  18 Ok Reg 2533, eff 6-25-01; Amended at 18 Ok Reg 3599, eff 8-22-01 through
				  7-14-02 (emergency)1; Amended at 20 Ok Reg 2399, eff
				  7-11-03; Amended at 24 Ok Reg 2030, eff 6-25-072;
				  Amended at 25 Ok Reg 2482, eff 7-11-08
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 amendatory action, the last effective permanent text is reinstated. Therefore,
					 on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of
					 310:675-1-2 reverted back to the permanent text that became effective 6-25-01,
					 as was last published in the 2001 Edition of the OAC, and remained as such
					 until amended again by permanent action on 7-11-03.
2See Editor's Note at beginning
					 of this Chapter.