Wis. Admin. Code Department of Health Services DHS 129.03 - Definitions
(1) "Abuse" has the meaning specified in s.
DHS 13.03 (1).
(2) "Basic nursing
course" means a course or combination of courses that contain the basic nursing
skills, competencies and knowledge that the department is satisfied are
generally equivalent in content to the skills contained in s. DHS 129.07 (1).
(3) "Body mechanics" means the
use of the muscle and skeletal systems during activity and when positioning the
body for work tasks, given that the task is within the limits of worker
capability when assisting in the movement, positioning and transfer of
clients.
(4) "Caregiver misconduct
registry" has the meaning specified in s. DHS 13.03 (4).
(5) "Client" means a person receiving care,
treatment or diagnostic services from a health care provider.
(6) "Client care ergonomics" means a
multifaceted, standardized approach for client mobility tasks, which
incorporates the evaluation of client characteristics to assure proper
selection and use of equipment by caregivers according to algorithms for client
transfer and mobility activities.
(7) "Client related services" means care,
treatment or diagnostic services provided to a client.
(8) "Clinical setting" means one of the
following:
(a) A practice setting where care
and treatment of clients occur.
(b)
A health care-related setting, where care and treatment of clients
occurs.
(9) "Competency
evaluation program" means a testing program for nurse aides that is approved
under this chapter and consists of all of the following components:
(a) A written or oral examination.
(b) A skills demonstration
examination.
(10)
"Complicated feeding problems" means difficulty in swallowing, recurrent lung
aspiration, or tube or parenteral or IV feedings.
(11) "Department" means the Wisconsin
department of health services.
(12)
"Developmental tasks" means those functions normally associated with the aging
process, including acceptance of and adjustment to psychosocial and
physiological processes, transition throughout adulthood, retirement
development, and life review.
(13)
"Direct supervision" means that an RN or LPN is immediately available on the
same unit, floor or wing as the nurse aide while the nurse aide is performing
client-related services.
(14)
"Employment" means working for another for compensation on a full-time,
part-time, temporary, per diem, contractual or other basis.
(15) "Facility for the developmentally
disabled" means a place or a distinct part of a place where five or more
unrelated persons reside and who, because of their developmental disabilities,
require access to 24-hour nursing care or treatment for developmental
disabilities as defined under rules promulgated by the department for
facilities for the developmentally disabled. "Facility for the developmentally
disabled" does not include any of the following:
(a) A convent or facility owned or operated
exclusively by and for members of a religious order that provides reception and
care or treatment of an individual.
(b) A hospice that directly provides
inpatient care.
(c) An assisted
living facility, as defined in s. 50.034, Stats.
(d) A nursing home.
(16) "Feeding assistant" means a person at
least 16 years old who has completed a state-approved feeding assistant
training program and who is paid by a nursing home, or a person who is used
under an arrangement with another agency or organization to assist clients who
have no feeding complications with the activities of eating and drinking.
"Feeding assistant" does not mean an individual who is a licensed health
professional or registered dietician; volunteers without money compensation; or
a nurse aide.
(17) "General
supervision" means at least intermittent face-to-face contact between
supervisor and nurse aide, but does not require the continuous presence of the
supervisor in the same area during client-related services.
(18) "Disability" means a physical or mental
impairment that makes ability to care for oneself unusually difficult or limits
one's capacity to work.
(19)
"Health care provider" means any of the following:
(a) A nursing home.
(b) A facility for the developmentally
disabled.
(c) An intermediate care
facility for individuals with intellectual disabilities.
(d) A hospital.
(e) A home health agency.
(f) A hospice.
(g) A rural medical center that provides one
or more of the services listed in pars. (a) to (f).
(20) "Home health agency" has the meaning
specified in s. 50.49 (1), Stats.
(21) "Hospice" means an organization, program
or place as defined in s. 50.90 (1), Stats., and ch. DHS 131, and is certified
as a provider of services under 42 USC 1395 to 1395ccc.
(22) "Hospice medication aide" means a nurse
aide who is able to administer medications in a hospice after passing a
department-approved medication course.
(23) "Hospital" has the meaning specified in
s. 50.33 (2), Stats.
(24) "Licensed
health care professional" means a physician, physician's assistant, nurse
practitioner, physical, speech or occupational therapist, an occupational
therapy assistant, a registered nurse, a licensed practical nurse or any other
health or health service professional subject to the jurisdiction of the
Wisconsin department of safety and professional services.
(25) "Licensed practical nurse (LPN)" means
an individual who is licensed under s. 441.10 (1) and (4) to (8), Stats., or
who has a temporary permit under s. 441.10 (9), Stats.
(26) "Mechanical support" means any article,
device or garment that is used only to achieve the proper position or balance
of the client.
(27)
"Misappropriation" has the meaning specified in s. DHS 13.03 (12).
(28) "Misconduct" means abuse or neglect of a
client or misappropriation of a client's property as specified in s. DHS 13.03 (1), (12) and (14).
(29) "Neglect"
has the meaning specified in s. DHS 13.03 (14).
(30)
(a)
"Nurse aide" means a person, regardless of the person's title, who provides
routine client-related services under the supervision of a registered nurse or
licensed practical nurse. "Nurse aide" includes any of the following:
1. Any person on the registry.
2. Any person providing nursing or
nursing-related services to clients, regardless of the title under which the
person is employed, except individuals in sub. (31).
3. Any person who has successfully completed
a training program under s. DHS 129.07 and a competency evaluation program
under s. DHS 129.08. 4. Any person employed to provide nursing or
nursing-related services, or employed within the last 24 months as a nurse aide
by a health care provider.
5. Any
person eligible to be included on the registry under s. 146.40,
Stats.
6. Any student nurse on
assignment for greater than 120 days.
(b) "Nurse aide" does not mean a person who
is licensed, receives a permit, is certified or is registered under ch. 441,
448, 449, 450, 451, 455 or 459, Stats.
(c) "Nurse aide" does not mean a person whose
duties primarily involve skills that are different from those taught in
training and competency evaluation programs approved under ss. DHS 129.07 and 129.08. A volunteer is not a "nurse aide".
(30m) "Nurse aide training program" means an
instructional program for a nurse aide that is approved by the department as
mandated by s. 146.40 (3) or (3g), Stats.
(32) "Nursing home" has the meaning specified
in s. 50.01 (3), Stats.
(33)
"Nursing home medication aide" means a nurse aide who is able to administer
medications in a nursing home or a facility for the developmentally disabled
after passing a department-approved medication course.
(34) "Onsite review" means an evaluation of a
training program conducted at the physical location of the training program to
verify the program is in compliance with the terms of the approval
issued.
(35) "Plan of correction"
means the training program's plan to correct all areas identified as deficient
during an onsite review.
(36)
"Preliminary approval" means the initial 3 month approval issued by the
department following the completed review and verification of all aspects of
the application.
(37) "Primary
instructor" means a registered nurse licensed to practice in Wisconsin who has
a minimum of 2 years of nursing experience working as a registered nurse, at
least one year of which must be in the provision of long-term care facility
services, and who has completed a course in adult education or supervising
nurse aides.
(38) "PRN medications"
means medications administered as necessary based on the resident's or
patient's condition.
(39) "Program"
means the facility, agency or other entity or individual who operates an
approved training program.
(40)
"Program trainer" means an individual from a health related field who provides
specialized training about that field to nurse aides under the general
supervision of the primary instructor.
(41) "Qualified clinical setting" means a
clinical setting unencumbered by restrictions imposed under 42 CFR 483.151.
(42) "Qualified medication
consultant" means one of the following:
(a) A
pharmacist licensed in Wisconsin.
(b) An advanced practice nurse prescriber as
defined in s. N 8.02 (2).
(c) A
masters-prepared registered nurse, teaching medication administration to RN or
LPN students.
(43)
"Registered nurse (RN)" means an individual who is licensed as a registered
nurse under s. 441.06, Stats., or who has a temporary permit under s. 441.08,
Stats., to practice as a registered nurse.
(44) "Registry" means the department's record
of all persons who are eligible to be employed by a health care provider, and
who have either:
(a) Successfully completed a
training and competency evaluation program.
(b) Met the eligibility requirements under s.
DHS 129.09 (5) to be included in the registry.
(45) "Restorative services" means the
therapeutic practice, education and training to restore, promote, and maintain
the client's fullest possible level of functioning.
(46) "Restraint" means any garment, device,
or medication used primarily to modify client behavior by interfering with the
free movement of the client or normal functioning of a portion of the body, and
which the client is unable to remove easily, or confinement in a locked room,
but does not include mechanical support.
(47) "Revocation" means withdrawal of a nurse
aide training program's or competency evaluation program's approval for failing
to comply with applicable state requirements specified in s. 146.40,
Stats.
(48) "Rural medical center"
has the meaning specified in s. 50.50 (11), Stats.
(49) "Statement of deficiencies" means the
official document on which the Department records citations.
(50) "Student nurse" means an individual who
is enrolled in a school for professional nurses or a school for licensed
practical nurses that meets standards established by the Board of Nursing under
s. 441.01 (4), Stats., and ch. N 1, or who has successfully completed the
course work of a basic nursing course in any school that is approved by the
Board of Nursing under s. 441.06 (1) (a), Stats., but has not successfully
completed the examination under s. 441.06 (1) (e) or 441.10 (1) (e),
Stats.
(51) "Substantial change"
means a change to the facility, agency, organization or person that administers
the training; program designee; program site; the curriculum; the classroom;
the clinical site; primary instructor; and program trainer.
(52) "Suspension" means a temporary
withdrawal of the department's approval for a facility, agency or other
organization to provide a training or competency evaluation program if the
entity providing the program is not in compliance with an approval previously
issued by the department.
(53)
"Training program" means a program approved under this chapter to train nurse
aides, feeding assistants or medication aides.
(54) "Variance" means the department's
approval of an alternate requirement requested by a health care provider in
place of a requirement of this chapter.
(55) "Waiver" means the department's approval
of an exemption requested by a health care provider from a requirement of this
chapter.
(56) "Waiver of
prohibition" means an authorization for a program to be taught in but not by
the entity's staff that has had its approval denied or withdrawn pursuant to
Public Law 105-15 , Section 1819 (f) (2) and Section 1919 (f) (2) of the Social
Security Act, and 42 U.S.C. 1395i 3 (f) (2) and 42 U.S.C. 1396r (f) (2).
Notes
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