§11-96-2 - Definitions.

§11-96-2 Definitions.

As used in this chapter:

"Activity coordinator" means a person having responsibility for developing and implementing an activity program in an adult day health center who:

(1) Has two years of experience in a social, recreational, or educational program, one year of which was full-time employment in a client activities program in a health care setting, mental health setting, or setting for the care of the handicapped; or

(2) Is an occupational therapist, occupational therapy assistant or recreational therapist.

"Administrator" means the person having responsibility for the operation of an adult day health center.

"Adult day health care" means an organized day program of therapeutic, social, and health services provided to adults with physical, or mental impairments, or both, which require nursing oversight or care, for the purpose of restoring or maintaining, to the fullest extent possible, their capacity for remaining in the community.

"Adult day health center" means a facility which provides adult day health care.

"Authorized representative" means a person

authorized by law, by court order, or by written consent of the client to act on behalf of the client.

"Cardiopulmonary resuscitation" or "CPR" means an emergency first-aid procedure that consists of opening and maintaining a client's airway, providing artificial ventilation by means of rescue breathing, and providing artificial circulation by means of external cardiac compression.

"Center" means adult day health center. "Client" means any adult who has been admitted and participates in the services offered by an adult day health center.

"Consultant" means a qualified person who gives professional advice or service, with or without remuneration.

"Controlled drugs" has the same meaning as defined in chapter 329, Hawaii Revised Statutes.

"Dentist" means any person holding a valid license to practice dentistry in the State of Hawaii, pursuant to chapter 448, Hawaii Revised Statutes.

"Department" means the State of Hawaii, Department of Health.

"Designated representative" means the authorized representative of the director of health.

"Dietitian" means a person who is registered by the Commission on Dietetics Registration or is eligible for such registration.

"Direct supervision" means that the supervisor shall be present in the same building as the person being supervised and available for consultation and assistance.

"Director" means the director of health, State of Hawaii.

"Drug administration" means the act in which a single dose of a prescribed drug or biological substance is given to a client by an authorized person in accordance with all existing laws and rules governing these acts. The entire act of

administration entails removing an individual dose from a previously dispensed, properly labeled container (unit dose included), verifying the dosage with the physician's orders, giving the specified dose to the proper client and properly recording the time and dose given to the client and signing the record. Only a licensed nurse or a physician may administer medications.

"Drug dispensing" means the act which involves the interpretation of the physician's order and pursuant to that order, the proper selection, measuring, packaging, labeling, and issuance of the drug or biological substance for a client.

"Governing body" means the policy making authority, whether an individual or a group, which has overall authority over the affairs of a center and establishes policies concerning its operation and the welfare of the individuals it serves.

"Immediate supervision" means that the supervisor shall be physically present while a task is being performed.

"Individualized plan of care" means a written plan of treatment and services provided to a client of an adult day health center in accordance with the documented assessed needs of the client.

"Legal guardian" means a person appointed by a court to care for another person or that person's property, or both.

"Licensed capacity" means the maximum number of clients authorized to receive services at any one time in an adult day health center as specified on the license.

"Licensee" means an individual or organization within the State to whom a license to operate an adult day health center has been issued and who is responsible for the administration and operation of the adult day health center.

"Licensed nurse" means a person currently licensed by the State of Hawaii as a licensed practical nurse or a registered nurse.

"Licensed practical nurse" means a nurse currently licensed as such, pursuant to chapter 457, Hawaii Revised Statutes.

"Maintenance" means the upkeep of a building and equipment to preserve the original functional and operational state.

"Medication" means any chemical compound, remedy, or non-infectious biological substance, the action of which is not solely mechanical, which may be administered to clients by any route as an aid in the diagnosis, treatment or prevention of disease or other condition, for relief of pain or suffering, or to control or improve any mental, physiological or pathological condition.

"Mobile person" means a person who is capable of moving about without human assistance and has the physical ability to leave a building without the assistance or supervision of any other person.

"Multidisciplinary team" means a group within the adult day health center that conducts assessments and makes decisions regarding individual admission plans, treatment services, and discharge of clients; may include but is not limited to, a staff or attending physician, a registered nurse, a social worker, an occupational therapist, and a physical therapist as appropriate to the case.

"Non-ambulatory person" means any person requiring human assistance or supervision to leave a building under any circumstances.

"Nurse's aide" means a person who has successfully completed a nurse aide training course and works under the supervision of a licensed nurse.

"Occupational therapist" means a person currently registered or eligible for registration by the American Occupational Therapy Association.

"Occupational therapy aide" means a person who, under the supervision of a registered occupational therapist, assists with occupational therapy services.

"Occupational therapy assistant" means a person who is currently registered or eligible for registration by the American Occupational Therapy Association as an occupational therapy assistant.

"Pharmacist" means a person who is currently licensed as a pharmacist, pursuant to chapter 461, Hawaii Revised Statutes.

"Physical therapist" means a person who is licensed to practice physical therapy, pursuant to chapter 4J, Hawaii Revised Statutes.

"Physical therapy assistant" means a person who has graduated from a two year college level program approved by the Section on Education of the American Physical Therapy Association.

"Physical therapy aide" means a person who, under the immediate supervision of a registered physical therapist, assists with physical therapy care.

"Physician" means any person holding a valid license to practice medicine and surgery or osteopathy issued by the State of Hawaii, pursuant to

chapter 453 or 460, Hawaii Revised Statutes.

"Program director" means that person having on-site responsibility for direction and coordination of the various programs at the adult day health center.

"Provisional license" means a license issued for a specified period of time (no longer than one year) at the discretion of the director in order to allow the licensee additional time to correct deficiencies. No more than two consecutive

provisional licenses shall be issued to a center.

"Psychiatrist" means a person licensed to practice medicine in the State of Hawaii and who is certified or is eligible to be certified in psychiatry by the American Board of Psychiatry or Neurology.

"Psychiatric nurse" means a person who:

(1) Is a registered nurse with a graduate degree in psychiatric nursing and one year of psychiatric nursing experience within the past five years; or

(2) Is a registered nurse with one year of psychiatric nursing experience in an acute psychiatric setting or in a psychiatric health facility.

"Psychologist" means a person who is licensed in the practice of psychology pursuant to chapter 465 Hawaii Revised Statutes.

"Registered nurse" means a person who is currently licensed as a registered nurse, pursuant to chapter 457, Hawaii Revised Statutes.

"Social worker" means a person who has a master's degree from a school of social work accredited by the Council on Social Work Education or has a bachelor's degree from an accredited school of social work, plus two year's experience in a nursing facility, or some other health care agency.

"Social work assistant" means a staff person with on the job training who is supervised by means of consultation with a qualified social worker.

"Speech therapist" means a person who is currently licensed in the State of Hawaii as a speech pathologist or audiologist, pursuant to chapter 468E, Hawaii Revised Statutes.

"Supervision of employee" means to instruct an employee or subordinate in the employee's duties and to oversee or direct the employee's work, but does not

necessarily require the immediate presence of the supervisor.

"Waiver" means an exemption from a specific rule or regulation, which may be granted to a center for a

specified period of time at the discretion of the director.

        [Eff ] (Auth: HRS §321-11) (Imp: HRS §321-11)

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