Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 20 - Community Health › Subchapter 10 - Screening, Medical Services, and Reporting › Part 4 - School Health Programs › Section 216-RICR-20-10-4.3 - Definitions

Current through June 14, 2024
A. Wherever used in these Rules and
				  Regulations the terms listed below shall be construed as follows:
1. "Administrative head of school" means the
				  person with the greatest responsibility for the care and supervision of a
				  public-school district or community as defined in §
											4.3(A)(10)
				    of this Part, or a non-public school (e.g. headmaster, principal,
				  superintendent).
2. "Anaphylaxis"
				  means a potentially fatal, acute allergic reaction to a substance (such as
				  stinging insects, foods and medications) that is induced by an exposure to the
				  substance. Manifestations of anaphylaxis may be cutaneous (such as hives,
				  itchiness, swelling), cardiorespiratory (swelling of tongue, throat, wheezing,
				  difficulty breathing, low blood pressure), central nervous system (lethargy,
				  coma) and others.
3. "Audiologist"
				  means an individual licensed in this State in accordance with Part 40-05-33 of
				  this Title, Speech Pathologists and Audiologists.
4. "Audiometric aide" means an individual
				  registered in this State in accordance with Part 40-05-33 of this Title, Speech
				  Pathologists and Audiologists.
5.
				  "Bullying and cyber-bullying", as used in this Part, are defined by R.I. Gen.
				  Laws §
											16-21-33.
6. "Certified health educator" means an
				  individual who is certified by the Rhode Island Department of Education (RIDE)
				  in accordance with 200- RICR- 20-20-1, Regulations Governing the Certification
				  of Educators in Rhode Island.
7.
				  "Certified school nurse" means an individual who is licensed as a professional
				  (registered) nurse in this State pursuant to R.I. Gen. Laws Chapter 5-34 and is
				  certified by RIDE as an All Grades Registered School Nurse and is not eligible
				  to serve as a teacher of record in accordance with 200-RICR- 20-20 - 1,
				  Regulations Governing the Certification of Educators in Rhode Island.
8. "Certified school nurse-teacher" means an
				  individual who is licensed as a professional (registered) nurse in this State
				  pursuant to R.I. Gen. Laws Chapter 5-34 and is certified by RIDE as an All
				  Grades School NurseTeacher and as a Health Teacher in accordance with 200-RICR-
				  20-20-1, Regulations Governing the Certification of Educators in Rhode
				  Island.
9. "Community" means any
				  city, town or regional school district established pursuant to State law and/or
				  DCYF and any school operated by RIDE; provided, however, that the Department
				  for Children, Youth and Families shall not have those administrative
				  responsibilities and obligations as set forth in R.I. Gen. Laws Chapter 16-2
				  ("Education").
10. "Comprehensive
				  school health program" means a school health program consisting of health
				  education, health services and a healthful school environment, approved by the
				  State Commissioner of Elementary and Secondary Education and the Director of
				  Health in accordance with R.I. Gen. Laws §
											16-21-7.
11. "Competitive foods" means all foods and
				  beverages other than meals reimbursed under the National School Lunch Act
				  (42 U.S.C. §
												1751
et seq
.), 200-RICR-
				  20-25-4, Regulations Governing Nutritional Requirements for Reimbursable Meals
				  and Competitive Foods and Beverages; Limitations on Competitive Foods and
				  Beverages at Meal Time and the Child Nutrition Act of 1966 (42 U.S.C.§
												1771
et seq
.) available for
				  sale to students on the school campus during the school day.
12. "Confidential health care information"
				  means all information relating to a patient's health care history, diagnosis,
				  condition, treatment or evaluation obtained from a health care provider who has
				  treated the patient.
13.
				  "Controlled substance" means a drug, substance, or immediate precursor in
				  schedules I-V of R.I. Gen. Laws §
											21-28-1.02.
14. "Dating partner" means any person
				  involved in an intimate association with another, primarily characterized by
				  the expectation of affectionate involvement, whether casual, serious, or
				  long-term.
15. "Dating violence"
				  means a pattern of behavior wherein a person uses threats of, or uses,
				  physical, sexual, verbal or emotional abuse to control his/her dating
				  partner.
16. "Dental hygienist",
				  means a person with a license to practice dental hygiene in this State under
				  the provisions R.I. Gen. Laws §
											5-31.1-1.
a. Public health dental hygienist, as used in
				  this Part means any practicing registered dental hygienist who may perform
				  dental hygiene procedures in a public health setting under the provisions of
				  R.I. Gen. Laws §
												5-31.1-39.
17. "Dentist", as used in this
				  Part, means a person with a license to practice dentistry in this State under
				  the provisions of R.I. Gen. Laws §
											5-31.1-1.
18. "DCYF" means the Rhode Island Department
				  of Children, Youth and Families.
19. "Education record" means those records
				  that are:
a. Directly related to a student;
				  and
b. Maintained by an educational
				  agency or institution or by a party acting for the agency or
				  institution.
20.
				  "Emergency" means a medical or psychological condition where the absence of
				  immediate intervention could reasonably be expected to result in placing the
				  student's health (or another student's health) in serious jeopardy; serious
				  impairment to bodily or psychological functions; or serious dysfunction of any
				  bodily organ or part.
21.
				  "Emergency care plan" or "ECP" means a set of procedural guidelines that
				  provides specific directions about what to do in an emergency. A student with
				  special health care needs may have both an ECP and an individualized health
				  care plan (IHCP). The ECP may be formulated as part of the IHCP. As used in
				  this Part, "emergency care plan (ECP)" shall have the same meaning as
				  "emergency health care plan (EHCP)."
22. "Epinephrine auto-injectors" means any
				  device that is used for the automatic injection of epinephrine into the human
				  body to prevent or treat anaphylaxis.
23. "Eye care provider" means an individual
				  licensed in the Rhode Island to practice optometry or medicine (i.e.,
				  ophthalmology) pursuant to the provisions of R.I. Gen. Laws Chapter
				  5-35.1.
24. "Follow-up" means the
				  contact with a student's parent as defined in this Part, and/or service
				  provider to verify receipt of services, provide clarification and determine the
				  need for additional assistance.
25.
				  "Governing body" means the body or board or committee or individual, or the
				  designated agent(s) or designee(s) of the aforementioned responsible for, or
				  who has control over, the administration of any elementary or secondary school,
				  public or non-public, in the State of Rhode Island.
26. "Hazardous chemical" means a chemical for
				  which there is statistically significant evidence based on at least one (1)
				  study conducted in accordance with established scientific principles that acute
				  or chronic health effects may occur in exposed persons. The term "health
				  hazard" includes chemicals that are carcinogens, toxic or highly toxic agents,
				  reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins,
				  nephrotoxins, neurotoxins, agents that act on the hematopoietic systems, and
				  agents that damage the lungs, skin, eyes, or mucous membranes.
27. "Health" means the quality of a person's
				  physical, psychological, and sociological functioning that enables him/her to
				  deal effectively with self and others in a variety of situations.
28. "Health care provider/agency" means any
				  person/agency licensed by this State to provide or otherwise lawfully able to
				  provide health care services, including, but not limited to, a physician,
				  chiropractor, hospital, intermediate care facility or other health care
				  facility, dentist, dental hygienist, nurse, physician assistant, nurse
				  practitioner, optometrist, podiatrist, pharmacist, physical therapist,
				  psychiatric/clinical social worker, mental health counselor, or psychologist
				  and any officer, employee or agent of that provider acting in the course and
				  scope of his/her employment or agency related to or supportive of health
				  services.
29. "Health education"
				  means comprehensive sequential kindergarten through grade twelve (K through 12)
				  instruction that builds a foundation of health knowledge, develops the
				  motivation and skills required of students to cope with challenges to health
				  and provides learning opportunities designed to favorably influence health
				  attitudes, practices and behavior that will impact lifestyles, educational
				  performance and achievements and long range health outcomes and is in
				  accordance with the requirements of §
											4.5(D)   of
				  this Part.
30. "Hearing impairment"
				  means an impairment in hearing, whether permanent or fluctuating, that affects
				  a student's educational performance.
31. "Individualized health care plan" or
				  "IHCP" means a comprehensive plan for care of children with special health care
				  needs developed by the school nurse in collaboration with the student,
				  parents/guardians, school staff, community, and health care provider(s), as
				  appropriate.
32. "Individualized
				  health services" means services provided to individual students who attend
				  school within the community which are specific to the health needs of the
				  individual student, such as medication administration, and are not included in
				  the health examination/screenings, record keeping and reporting requirements
				  described in § 4.9.1(B) of this Part.
33. "Laboratory" means a facility where the
				  laboratory use of hazardous chemicals occurs. It is a place where relatively
				  small quantities of hazardous chemicals are used on a non-production
				  basis.
34. "Mandated instructional
				  health outcomes" means statements which indicate what health knowledge and
				  skills students should have at the completion of a specific health
				  unit.
35. "Medically accurate"
				  means verified or supported by research conducted in compliance with accepted
				  scientific methods and published in peer-reviewed journals, where appropriate,
				  and recognized as accurate and objective by professional organizations and
				  agencies with expertise in the relevant field, such as the federal Centers for
				  Disease Control and Prevention.
36.
				  "Medical marijuana" means as defined in § 230-RIC R- 80-05-1.1(A)(27) and
				  can only be purchased from a licensed compassion center.
37. "Medication" means any FDA-approved
				  substance regarded as effective for the use for which it is designed in
				  bringing about the recovery, maintenance or restoration of health, or the
				  normal functioning of the body.
38.
				  "OSHA" means the Occupational Safety and Health Administration.
39. "Parent" means a natural parent, a legal
				  guardian, or an individual acting as a parent in the absence of a parent or a
				  legal guardian.
40. "Physician"
				  means an individual licensed in the United States to practice allopathic or
				  osteopathic medicine pursuant to the provisions of R.I. Gen. Laws Chapter 5-37.
a. Chiropractic physicians licensed under the
				  provisions of R.I. Gen. Laws Chapter 5-30 are entitled to the same services of
				  the laboratories of RIDOH and other institutions, and shall be subject to the
				  same duties and liabilities, and are entitled to the same rights and privileges
				  in their professional calling pertaining to public health which may be imposed
				  or given by law or Regulations upon or to physicians qualified to practice
				  medicine by R.I. Gen. Laws §
												5-37-2;
				  provided, however, that chiropractic physicians shall not write prescriptions
				  for drugs for internal medication nor practice major surgery.
41. "Population-based health
				  services" means services provided to all students attending school within the
				  community which are not focused on the individual health needs of the
				  particular student but are provided to all students as part of the health
				  examination/screenings, record keeping, and reporting requirements described in
				  § 4.9.1(B) of this Part.
42.
				  "Prescription" means an order for medication signed by a licensed practitioner
				  with prescriptive authority or transmitted by the practitioner to a pharmacist
				  by telephone, facsimile, or other means of communication and recorded in
				  writing by the pharmacist.
43.
				  "Record" means any information recorded in any way, including, but not limited
				  to, handwriting, print, tape, electronic storage, computer diskette, film,
				  microfilm, and microfiche.
44.
				  "RIDE" means the Rhode Island Department of Elementary and Secondary
				  Education.
45. "RIDOH" means the
				  Rhode Island Department of Health.
46. "School campus" means all areas of the
				  property under the jurisdiction of the school that are accessible to students
				  during the school day.
47.
				  "School" means all public or privately supported schools for students in grades
				  Kindergarten (K) through 12 in Rhode Island. In addition, a preschool program
				  operated by or within an approved school (per the requirements of §
											4.4(A)   of
				  this Part) shall be considered a "school" for the purposes of this
				  Part.
48. "School nurse" means a
				  certified school nurse teacher as defined in §
											4.3   of this Part, or a
				  certified school nurse as defined in §
											4.3   of this Part.
49. "School personnel" means all persons
				  employed directly by the school or under contract to the school.
50. "Scoliosis screening" means screening for
				  detection of an abnormal curvature of the spine, as defined by current American
				  Academy of Orthopaedic Surgeons and Scoliosis Research Society
				  standards.
51. "Self-administration
				  of medication" means that the student uses the medication with parental
				  authorization in the manner directed by the health care provider, and by
				  following the age appropriate instructions on the medication label, without
				  additional assistance or direction.
52. "Self-carry" means that the student
				  carries medication on his/her person, if self-administration of the medication
				  is necessary.
53. "Speech or
				  language impairment" means a disorder in articulation, language, voice and/or
				  fluency that adversely affects the student's educational performance. A speech
				  and language impairment may range in severity from mild to severe; it may be
				  developmental or acquired. A speech and language impairment may be the result
				  of a primary disabling condition or it may be secondary to other disabling
				  conditions. A dialect is a variation of a symbol system used by a group of
				  individuals that reflects and is determined by shared regional, social or
				  cultural/ethnic factors and is not considered to be a disorder of
				  speech.
54. "Speech/language
				  pathology" includes identification of students with speech or language
				  impairments; diagnosis and appraisal of specific speech or language
				  impairments; referral for medical or other professional attention necessary for
				  the habilitation of speech or language impairments; provision of speech and
				  language services for the habilitation or prevention of communicative
				  impairments; and counseling and guidance of parents, children and teachers
				  regarding speech and language impairments.
55. "Speech/language pathologist" means a
				  professional who identifies, assesses, diagnoses, prevents, and treats speech,
				  voice, language, communication, and swallowing disorders.
a. "Certified speech/language pathologist"
				  means a speech/language pathologist certified by RIDE in accordance with
				  200-RICR- 20-20 - 1, Regulations Governing the Certification of Educators in
				  Rhode Island to perform speech-language pathology services for the
				  public-school system.
b. "Licensed
				  speech/language pathologist" means a speech/language pathologist licensed by
				  the Rhode Island Board of Examiners in Speech Pathology and Audiology to
				  perform speech-language pathology services in all settings outside the
				  public-school system.
56. "Speech/language pathology aide" means an
				  individual registered in this State in accordance with Part 40-05-33 of this
				  Title, Speech Pathologists and Audiologists.
57. "Student" means any individual who is or
				  has been enrolled at an educational agency or institution and regarding whom
				  the agency or institution maintains educational records.
58. "Vision screening," as used in this Part,
				  means a limited series of tests to identify individuals who may have a vision
				  or eye health problem.
59. "Visual
				  impairments" include:
a. "Partial sight" means
				  a visual acuity ranging from 20/70 to 20/200 in the better eye after
				  refraction, or a significant loss of fields of vision in both eyes as a result
				  of, but not limited to, hemeralopia, glaucoma, retinitis pigmentosa,
				  retinoschisis, or diabetes retinopathy that, with correction, affects a
				  student's educational performance.
b. "Blindness" means a visual acuity ranging
				  from a central visual acuity of 20/200 or less in the better eye after
				  refraction, or a peripheral field of vision that subtends an angle no greater
				  than twenty (20) degrees that, even with correction, affects a student's
				  educational performance.