Or. Admin. R. 333-536-0005 - Definitions
As used in OAR 333-536-0000 through 333-536-0125, the following definitions apply:
(1) "Abuse " means:
(a) "Abuse " as it applies to an "adult " as
those terms are defined in ORS
430.735;
(b) "Abuse " as it applies to a "child " as
those terms are defined in ORS
419B.005; or
(c) "Abuse " as it applies to an "elderly
person " or a "person with a disability" as those terms are defined in ORS
124.005.
(2) "Activities of daily living " means
self-care activities that must be accomplished by an individual to meet his or
her daily needs, but do not necessarily occur on a daily basis.
(3) "Adverse event " means any accident or
injury that affects a client's physical or emotional health, safety, or
well -being.
(4) "Agency" means an
in-home care agency .
(5)
"Administrator 's delegate" means an individual assigned by the agency
administrator to assist with matters relating to the operation of the agency
that does not require the individual to be qualified as that term is defined in
OAR 333-536-0052.
(6) "Applicant "
means a person , agency, corporation, or governmental unit, who applies for an
in-home care agency license.
(7)
"Authority " means the Oregon Health Authority , Public Health
Division .
(8) "Branch office " means
a location or site from which an in-home care agency provides services within a
portion of the total geographic area served by the parent agency or
subunit.
(9) "Caregiver " means a
person who provides assistance with activities of daily living or assistance
with personal care tasks, household and supportive services, or medication
services as authorized by these rules.
(10) "Change of ownership (CHOW) " means
adding or removing one or more owner(s) or a change of more than five percent
interest in agency ownership.
(11)
"Client representative " means:
(a) A parent,
stepparent, foster parent, or other adult with primary caregiving
responsibility for the client when the client is a child ; or
(b) An individual, paid or unpaid, related or
unrelated, who acts on behalf of, or cares for the client when the client is an
adult .
(12) "Geographic
service area " means 60 miles in any direction from the parent agency or
subunit's physical location.
(13)
"Home health agency " has the meaning given that term in ORS
443.014.
(14) "Hospice program " has the meaning given
that term in ORS 443.850.
(15) "In-home care agency " means an agency
primarily engaged in providing in-home care services for compensation to an
individual in that individual's place of residence. "In-home care agency " does
not include a home health agency or portion of an agency providing home health
services as defined in ORS
443.014.
(16) "In-home care services " means personal
care services furnished by an in-home care agency , or an individual under an
arrangement or contract with an in-home care agency, that are necessary to
assist an individual in meeting the individual's daily needs, but do not
include curative or rehabilitative services.
(17) "Licensed " means that the person or
agency for which the term applies is currently licensed, certified, or
registered by the proper authority within the State of Oregon.
(18) "Licensed independent practitioner
(LIP)" means a physician, nurse practitioner, or naturopathic
physician.
(19) "Licensed practical
nurse" means a person licensed under ORS
678.010 to
678.448.
(20) "Management experience " means experience
in the administration, supervision or management of individuals in a
health-related field including hiring, assigning, evaluating and taking
disciplinary actions.
(21)
"Medication " means a drug as defined in ORS
689.005.
(22) "Medication administration" means the
direct application of a medication , whether by injection, inhalation,
ingestion, or other means, to the body of a client by an individual legally
authorized to do so. Medication administration includes but is not limited to
taking the client's medications from original containers and putting the
medications into closed secondary containers designed and manufactured for this
purpose.
(23) "Medication
assistance" means assistance with self-administration of medication rendered by
a non-practitioner to a client receiving in-home care services from an agency
licensed under these rules and the client is able to self-direct in accordance
with OAR 333-536-0045.
(24)
"Medication reminding" means providing a client with an audio, visual or oral
reminder to take his or her medication when a client is able to
self-direct.
(25) "Medication
services" means medication assistance or medication administration but does not
include medication reminding.
(26)
"Naturopathic physician " means a person who holds a degree of Doctor of
Naturopathic Medicine and is licensed under ORS chapter 685.
(27) "Nurse practitioner " means a registered
nurse who has been licensed under ORS chapter 678 as qualified to practice in
an expanded specialty role within the practice of nursing.
(28) "Nursing procedure " means a
health-related procedure that is commonly taught in nursing education programs
and normally performed by the registered nurse or licensed practical nurse when
implementing the nursing plan of care.
(29) "Nursing services " means the provision
of services that are deemed to be the practice of nursing as defined by ORS
678.010. These services include
but are not limited to the delegation of specific nursing procedures to
unlicensed persons in accordance with the Oregon State Board of Nursing
administrative rules, chapter 851, division 047. Nursing services performed by
an agency are not rehabilitative or curative but are maintenance in
nature.
(30) "Parent agency " means
the in-home care agency that develops and maintains administrative controls of
subunits or branch offices.
(31)
"Personal care services " means the provision of or assistance with tasks
intended to supplement a client's own personal abilities which are necessary to
accomplish the client's activities of daily living or other activities as
described but not limited to OAR 333-536-0045(1), and are preventive and
maintaining in nature.
(32)
"Pharmacist " means a person licensed under ORS chapter 689 to engage in the
practice of pharmacy or to engage in the practice of clinical
pharmacy.
(33) "Physician " means a
person licensed under ORS chapter 677 to practice medicine or osteopathic
medicine by the Oregon Medical Board.
(34) "Physician assistant" means a person
licensed in accordance with ORS
677.505 to
677.525.
(35) "Professional experience " means having a
nursing, certified nursing assistant, certified medication aide, medical, or
therapeutic license , certificate, or degree used to work in a health-related
field or program or completion of an Oregon Health Authority (Authority)
approved training program. The license or certificate must be current and in
good standing.
(36) "Qualified
entity " means an entity whose training program has been approved by the
Authority.
(37) "Qualified
individual " means an individual who:
(a) Has
completed an Authority approved training program; or
(b) Is currently an LIP, registered nurse ,
licensed practical nurse, physician assistant, or pharmacist; or
(c) Is another health care professional not
listed in subsection (37)(b) who has been approved by the Authority to conduct
training.
(38)
"Qualified trainer " means an individual who:
(a) Has completed an Authority approved
training program; or
(b) Is
designated by an agency to conduct caregiver training on behalf of the agency,
including but not limited to agency specific orientation, initial caregiver
training and annual caregiver training required by these rules, and meets the
following criteria:
(A) Has two or more years
of experience working with an agency, a long-term care facility as defined
under ORS 442.015, a residential care
facility as defined under ORS
443.400, or other health care
setting; and
(B) If the designated
individual is a caregiver , the individual must be current with the caregiver
training requirements under these rules.
(39) "Registered nurse " or "RN" means a
person licensed under ORS chapter 678.
(40) "Schedule caregivers " means to plan
appointments for caregivers to deliver specific in-home care services to
clients; the times and dates of these appointments are set by the in-home care
agency .
(41) "Self-direct " means to
be oriented and to know:
(a) The reason why
each medication is taken, for example, for what condition;
(b) The amount or dose of medication that
needs to be taken;
(c) The route
the medication needs to be taken; and
(d) The time of day the medication needs to
be taken.
(42) "Stable
and predictable " means a situation where the client's clinical and behavioral
state is known, not characterized by rapid changes, and does not require
continuous reassessment and evaluation. Stable and predictable shall include
clients with intermittent needs that are a predictable symptom or component of
their underlying health condition.
(43) "Subunit " means an in-home care agency
that provides services for a parent agency in a geographic area different from
that of the parent agency and more than 60 miles from the location of the
parent agency.
(44) "Survey " means
an inspection of an applicant for an in-home care agency license or a licensed
in-home care agency to determine the extent to which the applicant or in-home
care agency is in compliance with state in-home care agency statutes and these
rules.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 443.305 - 443.355
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