West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abuse. --
				Mistreatment of residents, including physical bodily harm, misuse of physical
				or chemical restraints, verbal abuse, and infliction of emotional
				suffering.
3.2. Activities of daily
				living. -- The activities that individuals generally perform regularly in the
				course of maintaining their physical selves, such as eating, dressing, oral
				hygiene, toileting, personal grooming, and moving themselves from one location
				to another, as for example, in moving from a bed to a chair, or from one room
				to another.
3.3. Administration of
				medications. -- Opening a container of medication and giving the medication to
				the person for whom it is prescribed, including giving injections and
				administering eye drops.
3.4.
				Administrator. -- The owner or individual selected by the licensee to be
				responsible for the day-to-day operation of the residential care
				community.
3.5. Adult day care. B
				An alternative to twenty-four (24) hour institutional care for elderly or
				disabled adults who need care and supervision not to exceed fourteen (14) hours
				a day.
3.6. Apartment and resident
				capacity. -- The number of apartments and residents for which a residential
				care community is licensed to provide care.
3.7. Bedfast. -- The condition of individuals
				who are restricted to a bed or chair for a prolonged or indefinite period of
				time and have limited ability to move or turn themselves while in bed or remove
				themselves from a chair. These individuals are therefore susceptible to
				physical and psychological complications of immobilization and are incapable of
				self-preservation. An individual for whom a physician has prescribed bed rest
				because of a short term illness (e.g., cold, flu, viruses, etc.) is not
				considered bedfast.
3.8. Behavioral
				Health Services. -- Those services intended to help individuals with emotional
				or mental disorders, alcohol or drug abuse problems, or mental retardation and
				other developmental disabilities, to gain or regain the capacity to function
				adaptively in their environment, to care for themselves and their families, and
				to be accepted by society.
3.9.
				Chemical restraint. -- A psychoactive drug that is used for discipline or
				convenience and is not required to treat medical symptoms.
3.10. Communicable disease. -- An illness due
				to an infectious agent or its toxic product which is transmitted, directly or
				indirectly, to a susceptible host from an infected person or animal, or through
				the agency of an intermediate host or a vector or through the inanimate
				environment.
3.11. Developmental
				disorder. -- A group of disorders in which the predominant disturbance is in
				the acquisition of cognitive, language, motor, or social skills. The
				disturbance may involve a general delay, as in mental retardation, or a delay
				or failure to progress in a specific area of skill acquisition or multiple
				areas in which there are qualitative distortions of normal development. The
				course of developmental disorders tends to be chronic, with some of the signs
				of the disorder persisting in a stable form, without periods of remission or
				exacerbation, into adult life.
3.12. Disability. -- Any limitation of
				physical, mental, or social activity of an individual as compared with other
				individuals of similar age, sex, and occupation. Frequently refers to
				limitation of the usual or major activities, most commonly vocational. There
				are varying types (functional, vocational, learning), degrees (partial, total),
				and durations (temporary, permanent) of disability.
3.13. Exploitation. -- The act or process of
				taking unjust advantage of another for one's own benefit.
3.14. Extensive nursing care. -- The nursing
				care required when there is a major deviation from normal in a body system or
				multiple body systems, of such magnitude that the deviations are life
				threatening, and the individual's condition is unstable and
				unpredictable.
3.15. Functional
				needs assessment. -- Any measurement tool that identifies for the resident and
				the licensee those services that will need to be obtained or provided for the
				resident in order to promote the resident's health, wellness, comfort, dignity
				and independence.
3.16. Immediate
				and serious threat. -- A situation that presents a high probability of serious
				harm or injury to one or more residents. An immediate or serious threat need
				not result in actual harm to any resident.
3.17. Imminent danger. -- As applied to a
				violation of this rule, a danger which could reasonably be expected to
				immediately cause or contribute to death, serious physical harm or illness to
				residents, household members or staff, before the threat can be eliminated
				through the plan of correction process of this rule.
3.18. Legal
				representative[1]. --
3.18.a. A conservator, temporary conservator
				or limited conservator appointed pursuant to the West Virginia Guardianship and
				Conservatorship Act, W. Va. Code, '44A-1-1-et
				seq., within the limits set by the order;
3.18.b. A guardian, temporary guardian or
				limited guardian appointed pursuant to the West Virginia Guardianship and
				Conservatorship Act, W. Va. Code, '44A-1-1-et
				seq., within the limits set by the order;
3.18.c. An individual appointed as committee
				or guardian prior to June 9, 1994, within the limits set by the appointing
				order and W. Va. Code '44A-1-2(d);
3.18.d. An individual having a medical power
				of attorney pursuant to the West Virginia Medical Power of Attorney Act, W. Va.
				Code '16-30A-1 et seq., within the limits set by the law and the
				appointment;
3.18.e. A
				representative payee under the U.S. Social Security Act, Title 42 U.S.C. '301
				et seq., within the limits of the payee's legal authority;
3.18.f. A surrogate decision-maker appointed
				pursuant to the West Virginia Health Care Surrogate Act, W. Va. Code '16-30B-1
				et seq., or the West Virginia Do Not Resuscitate Act, '16-30C-1 et seq., within
				the limits set by the appointment; or
3.18.g. An attorney in fact appointed with
				power of attorney under common law or pursuant to Uniform Durable Power of
				Attorney, W. Va. Code '39-4-1et seq., within the limits set by the appointment;
				or
3.18.h. An individual lawfully
				appointed in a similar or like relationship of responsibility for a resident
				under the laws of this state, or another state or legal jurisdiction, within
				the limits of the applicable statute and appointing authority; and
3.18.i. Who has no financial ties to the
				residential care community.