West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions are for the purposes of
				  implementing this rule.
2.1. Abuse.
				The willful infliction of injury, unreasonable confinement, intimidation, or
				punishment with resulting physical harm, pain or mental anguish. Abuse also
				includes the deprivation by an individual, including a caretaker, of goods or
				services that are necessary to attain or maintain physical, mental, and
				psychosocial well-being. This presumes that instances of abuse of all
				residents, even those unaware that harm has occurred or those in a coma, cause
				physical harm, or pain or mental anguish. Abuse includes emotional abuse,
				physical abuse, sexual abuse, verbal abuse and involuntary seclusion.
2.2. Board of Review. Means the board of
				review organized in the Department pursuant to W.Va. Code §§
									9-2-6(12).
2.3. Department. West Virginia Department of
				Health and Human Resources.
2.4.
				Emotional Abuse. Subjecting or exposing a resident to behavior that may result
				in psychological trauma or injury. Emotional abuse includes: humiliating,
				harassing, teasing or threatening; unreasonably restricting a resident's
				contact with family, friends or other residents; unreasonably ignoring a
				resident's requests; threats of punishment or deprivation; or willfully
				violating a resident's rights, including confidentiality. Emotional abuse may
				also be referred to as psychological abuse, mental abuse, or psychosocial
				abuse.
2.5. Facility. A nursing
				home as defined in W. Va. Code §
									16-5C-1 et
				seq. or an extended care facility operated in connection with a hospital as
				defined in W. Va. Code §
									16-5B-1
				et seq.
2.6. Involuntary Seclusion.
				Separation of a resident against the resident's will, or the will of the
				resident's legal representative. Seclusion includes separation of the resident
				from other residents, separation of the resident from his or her room, or
				confinement of a resident to his or her room, with or without
				roommates.
2.7. Misappropriation of
				Property. The deliberate misplacement, exploitation or wrongful use of a
				resident's belongings or money.
2.8. Neglect. The failure to provide goods
				and services necessary to avoid physical harm, or the significant threat of
				physical harm, mental anguish or mental illness unless such actions are beyond
				the nurse aide's control. Failure to report an incident or failure to appear in
				response to a subpoena, or both shall be considered neglect.
2.9. Nurse Aide or Nursing Assistant. Any
				individual who is not a licensed health care provider or registered dietitian
				or volunteer who provides nursing or nursing related services for hire to
				residents in a facility after successfully completing a state-approved training
				and competency evaluation program. The terms nurse aide and nursing assistant
				are considered interchangeable and have the same meaning.
2.10. Nurse Aide Abuse and Neglect Registry.
				A list of names of nurse aides who have been found by the Nurse Aide Program to
				have abused, neglected, or misappropriated the property of residents of a
				facility, along with any additional information such as documentation of the
				state's investigation, the hearing date and the results, as well as any written
				comments by the nurse aide.
2.11.
				Nurse Aide Program. The program within the Office of Health Facility Licensure
				and Certification (OHFLAC) responsible for oversight of the nurse aide training
				and competency evaluation programs throughout the state and maintenance of the
				Nurse Aide registries including the Nurse Aide Abuse and Neglect
				Registry.
2.12. Office of Health
				Facility Licensure and Certification (OHFLAC). The agency within the West
				Virginia Department of Health and Human Resources, responsible for oversight of
				the Nurse Aide Program.
2.13.
				Physical Abuse. Abuse resulting from nurse aide-to-resident contact including
				but not limited to striking the resident with a part of the body or with an
				object; shoving, pushing, pulling, pinching, tugging or twisting any part of
				the resident's body with fingers or nails; burning or sticking the resident
				with an object; engaging in physical contact that is knowing, intentional,
				reckless or careless that causes or is likely to cause death, physical injury,
				pain or psychological harm to the resident; inappropriate or improper use of
				restraints or isolation; acts of retaliation; and even in response to a
				physical attack. Physical abuse also includes controlling behavior through
				corporal punishment.
2.14.
				Secretary. The Secretary of the Department of Health and Human Resources, or
				his or her designee.
2.15. Sexual
				Abuse. Sexual harassment, sexual coercion, sexual exploitation, or sexual
				assault, sexual contact, or graphic images of a resident's body, including but
				not limited to, private areas.
2.16. Test-eligible Nurse Aide. Any
				individual who is not a licensed health care provider or registered dietitian
				or volunteer, who provides nursing or nursing related services for hire to
				residents in a nursing home after successfully completing a state-approved
				nurse aide training program, but who has not yet successfully completed the
				state-approved competency test. An individual may not work as a nurse aide or
				nursing assistant on a full-time basis for more than four months, unless the
				individual has passed the state-approved competency test.
2.17. Verbal Abuse. The use of oral, written
				or gestured language that willfully includes disparaging and derogatory terms
				to residents or their families, or within their hearing distance, regardless of
				their age, ability to comprehend, or disability. Examples of verbal abuse
				include, but are not limited to, threats of harm; saying things to frighten a
				resident, such as telling a resident that he or she will never be able to see
				his or her family again; intimidation; humiliation; threats of hostility, cr
				vulgarity.