Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-10 - 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:
"Abuse" means the willful infliction of injury,
					 unreasonable confinement, intimidation, or punishment with resulting physical
					 harm, pain or mental anguish, or deprivation by an individual, including
					 caretaker, of goods or services that are necessary to attain or maintain
					 physical, mental, and psychosocial well-being. This includes verbal, sexual,
					 physical, or mental abuse.
"Administrator" means the individual licensed by the
					 Virginia Board of Long-Term Care Administrators and who has the necessary
					 authority and responsibility for management of the nursing facility.
"Admission" means the process of acceptance into a nursing
					 facility, including orientation, rules and requirements, and assignment to
					 appropriate staff. Admission does not include readmission to the facility after
					 a temporary absence.
"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 he is diagnosed as suffering from a terminal
					 condition and in accordance with the provision of §
										54.1-2983
					 of the Code of Virginia.
"Assessment" means the process of evaluating a resident for
					 the purpose of developing a profile on which to base services. Assessment
					 includes information gathering, both initially and on an ongoing basis,
					 designed to assist the multi-disciplinary staff in determining the resident's
					 need for care, and the collection and review of resident-specific data.
"Attending physician" means a physician currently licensed
					 by the Virginia Board of Medicine and identified by the resident, or legal
					 representative, as having the primary responsibility in determining the
					 delivery of the resident's medical care.
"Barrier crime" means any offense set forth in clause (i)
					 of the definition of barrier crime in §
										19.2-392.02
					 of the Code of Virginia.
"Board" means the Board of Health.
"Cannabidiol oil" means the same as the term is defined in
					 subsection A of §
										54.1-3408.3
					 of the Code of Virginia.
"Certified nurse aide" means the title that can only be
					 used by individuals who have met the requirements to be certified, as defined
					 by the Virginia Board of Nursing, and who are listed in the nurse aide
					 registry.
"Chemical restraint" means a psychopharmacologic drug (a
					 drug prescribed to control mood, mental status, or behavior) that is used for
					 discipline or convenience and not required to treat medical symptoms or
					 symptoms from mental illness or mental retardation that prohibit an individual
					 from reaching his highest level of functioning.
"Clinical record" means the documentation of health care
					 services, whether physical or mental, rendered by direct or indirect
					 resident-provider interactions. An account compiled by physicians and other
					 health care professionals of a variety of resident health information, such as
					 assessments and care details, including testing results, medicines, and
					 progress notes.
"Commissioner" means the State Health Commissioner.
"Complaint" means any allegation received by the Department
					 of Health other than an incident reported by the facility staff. Such
					 allegations include abuse, neglect, exploitation, or violation of state or
					 federal laws or regulations.
"Comprehensive plan of care" means a written action plan,
					 based on assessment data, that identifies a resident's clinical and
					 psychosocial needs, the interventions to meet those needs, treatment goals that
					 are measurable and that documents the resident's progress toward meeting the
					 stated goals.
"Construction" means the building of a new nursing facility
					 or the expansion, remodeling, or alteration of an existing nursing facility and
					 includes the initial and subsequent equipping of the facility.
"Criminal record report" means either the criminal record
					 clearance with respect to convictions for barrier crimes or the criminal
					 history record from the Central Criminal Records Exchange of the Virginia
					 Department of State Police.
"Department" means the Virginia Department of
					 Health.
"Dignity" means staff, in their interactions with
					 residents, carry out activities which assist a resident in maintaining and
					 enhancing the resident's self-esteem and self-worth.
"Discharge" means the process by which the resident's
					 services, delivered by the nursing facility, are terminated.
"Discharge summary" means the final written summary of the
					 services delivered, goals achieved and post-discharge plan or final disposition
					 at the time of discharge from the nursing facility. The discharge summary
					 becomes a part of the clinical record.
"Drug" means (i) articles or substances recognized in the
					 official United States "Drug" Pharmacopoeia National Formulary or official
					 Homeopathic Pharmacopoeia of the United States, or any supplement to any of
					 them; (ii) articles or substances intended for the use in the diagnosis, cure,
					 mitigation, treatment, or prevention of disease in man or other animal; (iii)
					 articles or substances, other than food, intended to affect the structure or
					 any function of the body of man or other animal; and (iv) articles or
					 substances intended for use as a component of any article specified in clause
					 (i), (ii), or (iii). This does not include devices or their components, parts
					 or accessories.
"Electronic monitoring" means an unmanned video recording
					 system with or without audio capability installed in the room of a
					 resident.
"Emergency preparedness plan" means a component of a
					 nursing facility's safety management program designed to manage the
					 consequences of natural disasters or other emergencies that disrupt the nursing
					 facility's ability to provide care.
"Employee" means a person who performs a specific job
					 function for financial remuneration on a full-time or part-time basis.
"Facility-managed" means an electronic monitoring system
					 that is installed, controlled, and maintained by the nursing facility with the
					 knowledge of the resident or legal representative in accordance with the
					 facility's policies.
"Full-time" means a minimum of 35 hours or more worked per
					 week in the nursing facility.
"Intelligent personal assistant" means a combination of an
					 electronic device and a specialized software application designed to assist
					 users with basic tasks using a combination of natural language processing and
					 artificial intelligence, including such combinations known as digital
					 assistants or virtual assistants.
"Legal representative" means a person legally responsible
					 for representing or standing in the place of the resident for the conduct of
					 his affairs. This 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 resident as his agency 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 resident for the
					 function for which he has legal authority to act.
"Medication" means any substance, whether prescription or
					 over-the-counter drug, that is taken orally or injected, inserted, topically
					 applied, or otherwise administered.
"Neglect" means a failure to provide timely and consistent
					 services, treatment, or care to a resident necessary to obtain or maintain the
					 resident's health, safety, or comfort or a failure to provide timely and
					 consistent goods and services necessary to avoid physical harm, mental anguish,
					 or mental illness.
"Nursing facility" means any nursing home as defined in
					 §
										32.1-123 of the Code
					 of Virginia.
"OLC" means the Office of Licensure and Certification of
					 the Virginia Department of Health.
"Person" means any individual, corporation, partnership,
					 association, trust, or other legal entity, whether governmental or private,
					 owning, managing, or operating a nursing facility.
"Physical restraint" means any manual method or physical or
					 mechanical device, material, or equipment attached or adjacent to the
					 resident's body that the individual cannot remove easily which restricts
					 freedom of movement or normal access to one's own body.
"Policy" means a written statement that describes the
					 principles and guides and governs the activities, procedures and operations of
					 the nursing facility.
"Procedures" means a series of activities designed to
					 implement program goals or policy, which may or may not be written, depending
					 upon the specific requirements within this chapter. For inspection purposes,
					 there must be evidence that procedures are actually implemented.
"Progress note" means a written statement, signed and dated
					 by the person delivering the care, consisting of a pertinent, chronological
					 report of the resident's care. A progress note is a component of the clinical
					 record.
"Qualified" means meeting current legal requirements of
					 licensure, registration or certification in Virginia; 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.
"Quality assurance" means systematic activities performed
					 to determine the extent to which clinical practice meets specified standards
					 and values with regard to such things as appropriateness of service assignment
					 and duration, appropriateness of facilities and resources utilized, adequacy
					 and clinical soundness of care given. Such activities should also assure
					 changes in practice that do not meet accepted standards. Examples of quality
					 assurance activities include the establishment of facility-wide goals for
					 resident care, the assessment of the procedures used to achieve the goals, and
					 the proposal of solutions to problems in attaining those goals.
"Readmission" means a planned return to the nursing
					 facility following a temporary absence for hospitalization, off-site visit or
					 therapeutic leave, or a return stay or confinement following a formal discharge
					 terminating a previous admission.
"Resident" means the primary service recipient, admitted to
					 the nursing facility, whether that person is referred to as a client, consumer,
					 patient, or other term.
"Resident-managed" means an electronic monitoring system
					 that is installed, controlled, and maintained by the resident with the
					 knowledge of the nursing facility.
"Supervision" means the ongoing process of monitoring the
					 skills, competencies and performance of the individual supervised and providing
					 regular, face-to-face guidance and instruction.
"Sworn disclosure" means a written statement or affirmation
					 disclosing any criminal convictions or any pending criminal charges, whether
					 within or outside the Commonwealth, by an applicant for compensated employment
					 with a nursing facility.
"THC-A oil" means the same as the term is defined in
					 subsection A of §
										54.1-3408.3
					 of the Code of Virginia.
"Volunteer" means a person who, without financial
					 remuneration, provides services to the nursing facility.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.