Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 61 - STANDARDS AND REGULATIONS FOR LICENSED ADULT DAY CENTERS › Part I - General Provisions › Section 22VAC40-61-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Activities of daily living" or "ADLs" means bathing,
					 dressing, toileting, transferring, bowel control, bladder control, eating, and
					 feeding. A person's degree of independence in performing these activities is a
					 part of determining required care needs and necessary services.
"Administer medication" means to open a container of
					 medicine or to remove the ordered dosage and to give it to the participant for
					 whom it is ordered in such a manner as is ordered or is appropriate.
"Adult" means any person 18 years of age or older.
"Adult day center" or "center" means any facility that is
					 either operated for profit or that desires licensure and that provides
					 supplementary care and protection during only a part of the day to four or more
					 adults who are aged or infirm or who have disabilities and who reside
					 elsewhere, except (i) a facility or portion of a facility licensed by the State
					 Board of Health or the Department of Behavioral Health and Developmental
					 Services and (ii) the home or residence of an individual who cares for only
					 persons related to the individual by blood or marriage. Included in this
					 definition are any two or more places, establishments, or institutions owned,
					 operated, or controlled by a single entity and providing such supplementary
					 care and protection to a combined total of four or more adults who are aged or
					 infirm or who have disabilities.
"Advance directive" means (i) a witnessed written document,
					 voluntarily executed by the declarant in accordance with the requirements of
					 §
										54.1-2983 of the Code of
					 Virginia or (ii) a witnessed oral statement, made by the declarant subsequent
					 to the time the declarant is diagnosed as suffering from a terminal condition
					 and in accordance with the provisions of §
										54.1-2983 of the Code of
					 Virginia.
"Ambulatory" means the condition of a participant who is
					 physically and mentally capable of self-preservation by evacuating in response
					 to an emergency to a refuge area as described in 13VAC5-63, the Virginia
					 Uniform Statewide Building Code, without the assistance of another person, or
					 from the structure itself without the assistance of another person if there is
					 no such refuge area within the structure, even if such participant may require
					 the assistance of a wheelchair, walker, cane, prosthetic device, or a single
					 verbal command to evacuate.
"Business entity" means an individual or sole proprietor,
					 association, partnership, limited liability company, business trust,
					 corporation, public agency, or religious organization.
"Chapter" or "this chapter" means these regulations, that
					 is, Standards and Regulations for Licensed Adult Day Centers, 22VAC40-61,
					 unless noted otherwise.
"Chemical restraint" means a psychopharmacologic drug that
					 is used for discipline or convenience and not required to treat the
					 participant's medical symptoms or symptoms from mental illness or intellectual
					 disability and that prohibits an individual from reaching the participant's
					 highest level of functioning.
"Communicable disease" means an illness that spreads from
					 one person to another or from an animal to a person.
"CPR" means cardiopulmonary resuscitation.
"Department" means the Virginia Department of Social
					 Services.
"Dietary supplement" means a product intended for ingestion
					 that supplements the diet, is labeled as a dietary supplement, is not
					 represented as a sole item of a meal or diet, and contains a dietary
					 ingredient, for example, vitamins, minerals, amino acid, herbs or other
					 botanicals, dietary substances (such as enzymes), and concentrates,
					 metabolites, constituents, extracts, or combinations of the preceding types of
					 ingredients. "Dietary supplements" may be found in many forms, such as tablets,
					 capsules, liquids, or bars.
"Direct care staff" means supervisors, assistants, aides,
					 or other staff of a center who assist participants in the performance of
					 personal care or ADLs.
"Director" means the qualified person who has been
					 delegated responsibility for the programmatic and administrative functions of
					 the adult day center.
"Electronic record" means a record created, generated,
					 sent, communicated, received, or stored by electronic means.
"Electronic signature" means an electronic sound, symbol,
					 or process attached to or logically associated with a record and executed or
					 adopted by a person with the intent to sign the record.
"Good character and reputation" means findings have been
					 established that the individual (i) maintains business or professional and
					 community relationships that are characterized by honesty, fairness,
					 truthfulness, and dependability and (ii) has a history or pattern of behavior
					 that demonstrates the individual is suitable and able to administer a program
					 for the care, supervision, and protection of adults.
"Legal representative" means a person legally responsible
					 for representing or standing in the place of the participant for the conduct of
					 the participant's affairs. "Legal representative" may include a guardian,
					 conservator, attorney-in-fact under durable power of attorney, trustee, or
					 other person expressly named by a court of competent jurisdiction or the
					 participant as the participant's agent in a legal document that specifies the
					 scope of the representative's authority to act. A legal representative may only
					 represent or stand in the place of a participant for the function for which the
					 legal representative has legal authority to act. A participant is presumed
					 competent and is responsible for making all health care, personal care,
					 financial, and other personal decisions that affect the participant's life
					 unless a representative with legal authority has been appointed by a court of
					 competent jurisdiction or has been appointed by the participant in a properly
					 executed and signed document. A participant may have different legal
					 representatives for different functions. For any given standard, the term
					 "legal representative" applies solely to the legal representative with the
					 authority to act in regard to the function relevant to that particular
					 standard.
"Licensed health care professional" means any health care
					 professional currently licensed by the Commonwealth of Virginia to practice
					 within the scope of that health care professional's profession, such as a nurse
					 practitioner, registered nurse, licensed practical nurse (nurses may be
					 licensed or hold multistate licensure pursuant to §
										54.1-3000 of the Code of
					 Virginia), clinical social worker, dentist, occupational therapist, pharmacist,
					 physical therapist, physician, physician assistant, psychologist, and
					 speech-language pathologist. Responsibilities of physicians referenced in this
					 chapter may be implemented by nurse practitioners or physician assistants in
					 accordance with their protocols or practice agreements with their supervising
					 physicians and in accordance with the law.
"Licensee" means the business entity to whom a license is
					 issued and who is legally responsible for compliance with the laws and
					 regulations related to the center. A license may not be issued in the name of
					 more than one business entity.
"Mandated reporter" means a person specified in §
										63.2-1606 of the Code of
					 Virginia who is required to report matters giving reason to suspect abuse,
					 neglect, or exploitation of an adult.
"Mental impairment" means a disability that reduces an
					 individual's ability to reason logically, make appropriate decisions, or engage
					 in purposeful behavior.
"Nonambulatory" means the condition of a participant who by
					 reason of physical or mental impairment is not capable of self-preservation
					 without the assistance of another person.
"Participant" means an adult who takes part in the program
					 of care and receives services from the center.
"Physical restraint" means any manual method or physical or
					 mechanical device, material, or equipment attached or adjacent to the
					 participant's body that the participant cannot remove easily, which restricts
					 freedom of movement or access to the participant's body.
"Physician" means an individual licensed to practice
					 medicine or osteopathic medicine in any of the 50 states or the District of
					 Columbia.
"Qualified" means having appropriate training and
					 experience commensurate with assigned responsibilities, or if referring to a
					 professional, possessing an appropriate degree or having documented equivalent
					 education, training, or experience.
"Significant change" means a change in a participant's
					 condition that is expected to last longer than 30 days. "Significant change"
					 does not include short-term changes that resolve with or without intervention,
					 a short-term acute illness or episodic event, or a well-established,
					 predictive, cyclic pattern of clinical signs and symptoms associated with a
					 previously diagnosed condition where an appropriate course of treatment is in
					 progress.
"Staff" or "staff person" means personnel working at a
					 center who are compensated or have a financial interest in the center,
					 regardless of role, service, age, function, or duration of employment at the
					 center. "Staff" or "staff person" also includes those individuals hired through
					 a contract with the center to provide services for the center.
"Standard precautions" means a set of basic infection
					 prevention practices intended to prevent transmission of infectious diseases
					 from one person to another. These practices are applied to every person at
					 every contact to assure that transmission of disease does not occur.
"Volunteer" means a person who works at the center who is
					 not compensated. "Volunteer" does not include a person who, either as an
					 individual or as part of an organization, is only present at or facilitates
					 group activities on an occasional basis or for special
					 events.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.