Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 12 - PROGRAM ADMINISTRATION OF ASSISTED LIVING FACILITIES › Section 12-4 - Definitions

Current through July 13, 2024
(a) The following definitions shall apply in
				the interpretation and enforcement of these rules. Where the context in which
				words are used in these rules indicates that such is the intent, words in the
				singular number shall include the plural and vice versa. Throughout these
				rules, gender pronouns are used interchangeably, except where the context
				dictates otherwise. The drafters have attempted to utilize each gender pronoun
				in equal numbers, in random distribution. Words in each gender shall include
				individuals of the other gender.
(i) For the
				purpose of these rules, the following shall apply:
(A) "Abuse." The willful infliction of
				injury, unreasonable confinement, intimidation, or punishment with resulting
				physical harm, pain, or mental anguish. Abuse may include, but is not limited
				to the following: physical, verbal, mental, neglect, misappropriation of
				resident property, corporal punishment, sexual exploitation, sexual abuse, or
				any other adverse action.
(B)
				"Activities of Daily Living (ADLs)." An individual's performance of feeding,
				bathing, dressing, use of toilet, transfer, mobility and continence.
(C) "Adult." A person who is 18 years of age
				or older.
(D) "ALF 102 Form". The
				required screening tool as defined by the Program Division and performed by a
				registered nurse. Training regarding the utilization of this form will be the
				responsibility of the Program Division.
(E) "Assistance Plan." A written description
				of the type, frequency and duration of the assistance to be provided, and the
				expected outcome.
(F) "Assisted
				Living Facility (ALF)." A non-institutional dwelling operated by a person,
				firm, or corporation engaged in providing limited nursing care, personal care
				and boarding home care, but not habilitative care, for persons not related to
				the owner of the facility.
(G)
				"Bed." A piece of furniture on or in which a resident, or two residents lie and
				sleep. Single-bed means one piece of furniture in which to lie and sleep.
				Multiple-beds means two (2) or more pieces of furniture in a sleeping room in
				which to lie and sleep.
(H)
				"Boarding Home." A non-institutional dwelling or rooming house operated by any
				person, firm, or corporation engaged in the business of operating a home for
				the purpose of letting rooms for rent and providing meals and personal daily
				living care, but not habilitative, or nursing care, for persons not related to
				the owner. Boarding home does not include a lodging facility or an apartment in
				which only room and board is provided.
(I) "Certified Dietary Manager." A Certified
				Dietary Manager is a person with education, training, and experience to
				competently perform the responsibilities of a dietary manager with consultation
				from or supervision of a Registered Dietitian. The Certified Dietary Manager
				has passed a nationally-recognized credentialing exam and participates in
				continuing education as needed to maintain certified status.
(J) "Certified Nurse Assistant (CNA)." An
				individual who is duly certified by the Wyoming State Board of Nursing and
				whose certification has been verified by the management of the assisted living
				facility.
(K) "Chief Administrative
				Officer." The Director, Department of Health per
				W.S.
				9-2-101(e), or the
				designated Licensure representative.
(L) "Complaint." A formal allegation of
				injustice or perceived harm referred to an outside party or agency.
(M) "Complaint Investigations." Those
				investigations performed by the Department of Health, their designee, or by the
				State Long Term Care.
(N) "Days."
				Calendar days.
(O) "Department."
				The Wyoming Department of Health.
(P) "Discharge." The full release of any
				resident from the assisted living facility.
(Q) "Food Code." The 2005 edition of the Food
				Code and all codes and standards therein. The Food Code 2005 is a publication
				of The U.S. Department of Health and Human Services, Public Health Service,
				Food and Drug Administration, College Park, MD 20740.
(R) "Grievance." A concern of an inequitable
				or inaccurate action that is handled through the facility's internal grievance
				procedure.
(S) "Habilitative Care."
				The teaching of care to perform basic ADL's including feeding, bathing,
				dressing, use of toilet, transfer, mobility, continence, and instrumental ADL's
				including shopping, finances, telephone, medications, housework and use of
				transportation.
(T) "HACCP." Hazard
				Analysis Critical Control Point.
(U) "Intermittent Nursing Care". Nursing care
				that is not continuous; care that starts and stops at irregular
				intervals.
(V) "Level 1 License."
				License for assisted living facilities that do not have a secure unit and are
				not required to meet the special staffing and education requirements for staff
				that are clearly defined under the rules for a level 2 facility.
(W) "Level 2 License." License for assisted
				living facilities that have a secure unit and are required to meet all level 2
				requirements specified or implied by these rules. The assigned level will be
				used for regulatory purposes only.
(X) "License." The authority granted by the
				Licensing Division to operate an assisted living facility.
(Y) "Licensed Bed." The pieces of furniture
				on or in which residents lie and sleep that the authority is granted by the
				Licensing Division to operate an assisted living facility.
(Z) "Licensed Practical Nurse (LPN)." A
				Licensed Practical Nurse duly licensed by the Wyoming State Board of Nursing
				per the Wyoming Nurse Practice Act,
				W.S.
				33-21-119,
et seq.
(AA) "Licensee." Any person, association,
				partnership, or corporation to whom an assisted living facility license is
				issued.
(BB) "Licensing Division."
				The Wyoming Department of Health, Office of Healthcare Licensing and
				Surveys.
(CC) "Life Safety Code
				(LSC)." The National Fire Protection Association 101 Life Safety
				Code.
(DD) "Limited Assistance".
				The resident performs the activity with minimal assistance from
				staff.
(EE) "Limited Nursing Care."
				The level of care provided by a certified nursing assistant, within the scope
				of ALF Licensure.
(FF) "Physician
				Extender.
"
Physician extender means a mid-level practitioner such
				as an advanced registered nurse practitioner or a physician
				assistant.
(GG) "Manager." The
				person responsible for the overall operation of the assisted living facility.
				This individual is responsible for ensuring compliance with these
				rule.
(HH) "Medication Management."
				The requirements as established in these Program Administrative Rules, as well
				as the Wyoming Nurse Practice Act and the Wyoming Board of Nursing Rules and
				Regulations.
(II) "NFPA." The
				National Fire Protection Association.
(JJ) "Nursing Care Facility." An institution
				which is a Skilled Nursing Facility (SNF), or a Nursing Facility (NF) which is
				currently licensed in the State of Wyoming.
(KK) "Ombudsman." The State Long Term
				Ombudsman established in
				W.S. 9-2-1301 through
				9-2-1309.
(LL) "Personal Care/Personal Care Services."
				The performance of activities of daily living for a resident.
(MM) "Program Administration." The rules
				promulgated by the Department of Health and developed by the Program Division
				for the day-to-day operation of assisted living facilities per W.S.
				W.S.
				9-2-1204.
(NN) "Program Division." The Wyoming
				Department of Health, Aging Division.
(OO) "PRN." Means as circumstances may
				require; as necessary.
(PP)
				"Registered Dietitian (RD)." A Registered Dietitian who is currently registered
				with the Commission on Dietitian Registration, the credentialing agency for the
				American Dietetic Association.
(QQ)
				"Registered Nurse (RN)." A Registered Nurse duly licensed by the Wyoming State
				Board of Nursing per the Wyoming Nurse Practice Act W. S. §
											
												33-21-119
et seq
.
(RR)
				"Resident." A person eighteen (18) years of age or older, unrelated to the
				owner, who resides in an assisted living facility.