Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 1 - General Provisions › Section 310:663-1-2 - 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 the willful infliction of injury,
				  unreasonable confinement, intimidation or punishment, with resulting physical
				  harm, impairment or mental anguish.
"Act"
means the Continuum of Care and Assisted
				  Living Act, Title 63 O.S. Sections
				  1-890.1 et
				  seq. of the Oklahoma Statutes.
"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.
"Assisted living center"
means any home
				  or establishment offering, coordinating or providing services to two (2) or
				  more persons who
:
(A)
are domiciled therein
;
(B)
are unrelated to the operator
;
(C)
by choice or functional impairments, need
				  assistance with personal care or nursing supervision
;
(D)
may need intermittent or unscheduled nursing
				  care;
(E)
may need medication assistance
; and
(F)
may need assistance with transfer and/or
				  ambulation;
[63:1-890.2(1)].
"Chemical restraint"
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. Chemical restraint does not mean medication prescribed to maintain
				  emotional stability.
"Commissioner"
means the Commissioner of Health.
"Continuum of care facility"
means a
				  home, establishment or institution providing nursing facility services as
				  defined in Section
				  1-1902 of
				  Title 63 of the Oklahoma Statutes and one or both of the
				  following:
(A)
assisted living center services as defined in the
				  Continuum of Care and Assisted Living Act
; and
(B)
adult day care center services as defined in
				  Section
				  1-872 of
				  Title 63 of the Oklahoma Statutes
[63:1-890.2.4].
"Department"
means the Oklahoma State Department
				  of Health.
"Direct care staff"
in an assisted living center
				  means qualified nursing, activity, social and therapy staff employed by or
				  under the direct supervisory control of the assisted living center.
"Intermittent or unscheduled nursing care"
means
				  skilled nursing care given by a licensed practical nurse or registered nurse
				  that is not required twenty-four (24) hours a day.
"Long-term care facility"
means:
(A) a nursing facility as defined by Section
				  1-1902 of
				  Title 63 of the Oklahoma Statutes;
(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.
"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 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.
"Neglect"
means a failure to provide goods and
				  services necessary to avoid physical harm, mental anguish or mental illness.
"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
[63:1-1902.17] and includes assistance with toileting.
"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.
"Representative"
means an agent under a durable
				  power of attorney for health care, or 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.
"Resident"
means anyone accepted for care
				  through contractual agreement and who meets the admission criteria established
				  pursuant to OAC
				  310:663-3-2.
"Physical restraint"
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.
"Significant change"
is defined as a major
				  change in the resident's status that is not self limiting; affects more than
				  one area of the resident's health status; and requires interdisciplinary review
				  and/or revision of the care plan.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 24 Ok Reg 2007, eff
				  6-25-071; Amended at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.