As used in rules
3701-17-01 to
3701-17-26 of the Administrative
Code:
(A) "Accommodations" means
housing, meals, laundry, housekeeping, transportation, social or recreational
activities, maintenance, security, or similar services that are not personal
care services or skilled nursing care.
(B) "Activities of daily living" means bed
mobility, locomotion and transfer, bathing, grooming, toileting, dressing, and
eating.
(C) "Administrator" means
the individual, licensed as a nursing home administrator under Chapter 4751. of
the Revised Code, who is responsible for planning, organizing, directing and
managing the operation of the nursing home.
(D) "
Adult care facility" has the same
meaning as in section
5119.70 of the Revised Code.
(E) "Call signal system" means a set
of devices that are connected electrically, electronically, by radio frequency
transmission, or in a like manner that effectively can alert the staff member
or members on duty, at the nurses' station or at another point in the nursing
unit, of emergencies or resident needs and that can not be deactivated from any
location except from where the resident initiated the call.
(F)
(E) "Chemical restraint" means any medication bearing
the American hospital formulary service therapeutic class 4.00, 28:16:08,
28:24:08, or 28:24:92 that alters the functioning of the central nervous system
in a manner that limits physical and cognitive functioning to the degree that
the resident cannot attain his highest practicable physical, mental, and
psycho-social well-being.
(G)
(F) "
Complex
therapeutic diet"
means a calculated nutritive
regime including, but not limited to
has the
same meaning as "therapeutic diet" as that term is defined in paragraph (LL) of
this rule.:
(1) Diabetic and other nutritive
regimens requiring a daily specific kilocalorie level;
(2) Renal nutritive
regimens;
(3) Dysphagia nutritive regimens
excluding simple textural modifications; or
(4) Any other nutritive regimen
requiring a daily minimum or maximum level of one or more specific nutrients or
a specific distribution of one or more nutrients.
(H)
(G)
"Department" means the department of health of the state of Ohio.
(I)
(H)
"Dietitian" means an individual licensed under Chapter 4759. of the Revised
Code to practice dietetics.
(J)
(I) "Director" means
the director of the department of health of the state of Ohio or the director's
duly authorized representative.
(K)
(J) "Habitable floor
area" means the clear floor area of a room and the floor area occupied by the
usual bedroom furniture, such as beds, chairs, dressers, and tables and does
not include the floor area occupied by wardrobes unless the wardrobe is of the
resident's own choice and it is in addition to the individual closet space in
the resident's room, and areas partitioned off in the room such as closets and
toilet rooms.
(L)
(K) "Home" has the same meaning as in division (A)(1)
of section 3721.01 of the Revised
Code.
(M)
(L) "Hospice care program" or "hospice" means an
entity licensed under Chapter 3712. of the Revised Code.
(N)
(M)
"Lot" means a plot or parcel of land considered as a unit, devoted to a certain
use, or occupied by a building or group of buildings that are united by a
common interest and use, and the customary accessories and open spaces
belonging to the same.
(O)
(N) "Licensed
practical nurse" means a person licensed under Chapter 4723. of the Revised
Code to practice nursing as a licensed practical nurse.
(P)
(O)
"
Maximum licensed capacity" means the authorized type and number of residents
in a
nursing home as determined in rule
3701-17-04 of the Administrative
Code.
(P)
"Mechanically altered food" means that the texture of food
is altered altered by chopping, grinding, mashing, or pureeing so that it can
be successfully chewed and safely swallowed.
(Q) "Mental impairment" does not mean mental
illness as defined in section
5122.01 of the Revised Code or
mental retardation as used in Chapter 5123. of the Revised Code.
(R) "Nurse" means a registered nurse or a
licensed practical nurse.
(S)
"
Nurse aide" means an individual as defined in paragraph (A)(3) of rule
3701-17-07.1 of the
Administrative Code.
(T) "Nursing
home" has the same meaning as in section
3721.01 of the Revised
Code.
(U) "Ohio building code"
means the building requirements as adopted by the board of building standards
pursuant to section 3781.10 of the Revised
Code.
(V) "On duty" means being in
the nursing home, awake, and immediately available.
(W) "Operator" means the person, firm,
partnership, association, or corporation which is required by section
3721.05 of the Revised Code to
obtain a license in order to open, maintain, or operate a home.
(X) "
Personal care services" means services
including, but not limited to, the following:
(1) Assisting residents with activities of
daily living;
(2) Assisting
residents with self-administration of medication, in accordance with rules
adopted under section
3721.04 of the Revised
Code;
(3) Preparing special diets,
other than
complex therapeutic diets, for
residents pursuant to the instructions of a
physician or a licensed
dietitian,
in accordance with rules adopted under section
3721.04 of the Revised Code.
"Personal care services" does not include "skilled nursing
care" as defined in paragraph (GG)
(HH)of this rule.
(Y) "Pharmacist" means an individual licensed
under Chapter 4729. of the Revised Code to practice pharmacy.
(Z) "
Physically restrained" means that
residents are confined or in the
home in such a manner that the freedom for
normal egress from the
home is dependent upon the unlocking or unbolting by
others of one or more doors or barriers, or the removal of physical restraints,
except as permitted under paragraph (B)(3) of rule
3701-17-15 of the Administrative
Code.
(AA) "Physical restraint"
means, but is not limited to, any article, device, or garment that interferes
with the free movement of the resident and that the resident is unable to
remove easily, a geriatric chair, or a locked room door.
(BB) "Physician" means an individual licensed
under Chapter 4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(CC) "Resident" means an individual for whom
the nursing home provides accommodations.
(DD) "Residential care facility" has the same
meaning as in section
3721.01 of the Revised
Code.
(EE) "
Residents' rights
advocate" means:
(1) An employee or
representative of any state or local government entity that has a
responsibility regarding residents and that has registered with the department
of health under division (B) of section
3701.07 of the Revised
Code;
(2) An employee or
representative of any private nonprofit corporation or association that
qualifies for tax-exempt status under section 501(a) of the "Internal Revenue
Code of 1986," 100 Stat.
2085,
26
U.S.C.A.
1, as amended
(2015), and that has registered with the
department of health under division (B) of section 3701.07 of the Revised Code
and whose purposes include educating and counseling residents, assisting
residents in resolving problems and complaints concerning their care and
treatment, and assisting them in securing adequate services to meet their
needs;
(3) A member of the general
assembly.
(FF)
"Registered nurse" means an individual licensed to practice nursing as a
registered nurse under Chapter 4723. of the Revised Code.
(GG)
"Resident call
system" means a set of devices that are connected electrically, electronically,
by radio frequency transmission, or in a like manner that can effectively alert
the staff member or members on duty, at the nurses' station or at another point
in the nursing unit, of emergencies or resident needs and that can not be
deactivated from any location except from where the resident initiated the
call.
(GG)
(HH) "
Skilled nursing care" means procedures that
require technical skills and knowledge beyond those the untrained
person
possesses and that are commonly employed in providing for the physical, mental,
and emotional needs of the ill or otherwise incapacitated. "
Skilled nursing
care" includes, but is not limited to, the following:
(1) Irrigations, catheterizations,
application of dressings, and
supervision of special diets
and therapeutic diets;
(2) Objective observation of changes in the
resident's condition as a means of analyzing and determining the nursing care
required and the need for further medical diagnosis and treatment;
(3) Special procedures contributing to
rehabilitation;
(4) Administration
of medication by any method ordered by a physician, such as hypodermically,
rectally, or orally, including observation of the resident after receipt of the
medication;
(5) Carrying out other
treatments prescribed by the physician that involve a similar level of
complexity and skill in administration.
(HH)
(II) "
Special diet"
means a
therapeutic diet
that has been ordered for a resident by a physician
or other licensed health professional acting within the applicable scope of
practice, based upon the individual needs of that resident and adjusted to the
needs of that resident. A special diet may include the following
limited to:
(1)
Nutrient adjusted
diets, including high protein,
no added salt, and no concentrated sweets;
(2) Volume adjusted
diets, including small, medium, and large
portions;
(3) The use of finger
foods or bite-sized pieces for a resident's physical needs; or
(4)
Complex
therapeutic diets
Mechanically altered
food
.
(II)
(JJ) "Sponsor" means
an adult relative, friend, or guardian of a resident who has an interest or
responsibility in the resident's welfare.
(JJ)
(KK) "Supervision"
means the monitoring of a resident to ensure that the health, safety, and
welfare of the resident is protected.
(LL)
"Therapeutic
diet" means a diet ordered by a health care practitioner:
(1)
As part of the
treatment for a disease or clinical condition;
(2)
To modify,
eliminate, decrease, or increase certain substances in the diet;
or
(3)
To provide mechanically altered food when
indicated.
(KK)
(MM) "Toilet room"
means a room or rooms conforming to the Ohio building code, and including a
water closet and a lavatory which is located in or adjacent to the room in
which the water closet is located.
(LL)
(NN) "Volunteer"
means an individual working in or used by a home who does not receive or expect
to receive any form of compensation for services the individual performs other
than reimbursement for actual expenses.