048-7 Wyo. Code R. §§ 7-3 - Definitions

The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.

For purpose of these regulations, the following shall apply:

(a) "ADAAG" means the Adult with Disabilities Act Accessibility Act Guidelines.

(b) "Administer medicine" means to read the label, to open the container of medicine, to remove the prescribed dosage, and to give it to the person for whom it is prescribed. State of Wyoming Nurse Practice Act states that only people authorized by state law may administer medicine. People authorized to administer medicine include licensed physicians, registered nurses, licensed practical nurses, physicians assistants, and other individuals who meet the requirements of the law.

(c) "Adult" for the purposes of these rules means any person eighteen(18) years of age or older in accordance with W.S. § 35-2-901(a)(xxiii).

(d) "Adult Day Care Center Facility" means any facility not otherwise certified by the Department of Health, engaged in the business of providing activities of daily living support and supervision services programming based on a social model, to four (4) or more persons eighteen(18) years or older with physical or mental disabilities.

(e) "Ambulatory" means the ability of a person who is physically and mentally able to make an exit from a building in an emergency without the assistance of another person or without the use of any device such as, but not limited to, a wheelchair, walker or leg prosthesis. The determination of whether a person is ambulatory shall be based on information contained in the report of the physical examination as required by Section 12(b) (iii) of these rules and regulations. NOTE: This is not a medical definition, but is related to the placement of elderly and impaired adults in buildings that are appropriate in terms of fire safety.

(e) "Care" means assistance with the activities/tasks of daily living provided to participants.

(f) "Certified Nurses Aid (CNA)" means a person who has been certified by the Wyoming State Board of Nursing.

(g) "Complaint Investigation" means those investigations required to be performed by the Long-Term Care Ombudsman per W.S. § 9-2-1305.

(h) "Conservator" means a person appointed by the court to have custody of the person of the ward.

(i) "Contrast" means a significant difference in diversity of adjacent parts by color, tone, and/or light.

(j) "Department" means the Wyoming Department of Health.

(k) "Departments Representative" means an employee of the Wyoming Department of Health who is acting as the authorized agent of the Division on Aging in carrying out responsibilities and duties of his/her position.

(l) "DFS" means the Department of Family Services.

(m) "Director" means the person who has been delegated responsibility for the programmatic and the administrative supervisory functions of the adult day care program.

(n) "Disabled" means the inability to perform some or all of the activities/tasks of daily living due to physical or mental disability(s), weakness, illness, or injuries.

(o) "Distribute medicine" means to give the container of medicine to the person for whom it is prescribed, which is distinguished from administer medicine as defined in Section 3(b) of these rules.

(p) "Division" means the Division on Aging.

(q) "Facility" means the adult day care facility.

(r) "Fire official having jurisdiction" means the Wyoming Department of Fire Prevention and Electrical Safety or designated representative.

(s) "Fire prevention and building construction" means the standards adopted by the Wyoming Department of Fire Prevention and Electrical Safety.

(t) "Guardian" means the person appointed by the court to have custody of the person of the ward.

(u) "License" means the authority granted by the Office of Health Quality, Planning and Program Evaluation to operate an adult day care facility pursuant to a survey performed by the Division on Aging.

(v) "Licensee" means any person, association, legal entity, partnership, or corporation to whom the adult day care license is issued.

(w) "Licensing Division Office" means the Department of Health, Office of Health Quality, Planning and Program Evaluation.

(x) "Licensed Practical Nurse (LPN)" means any individual who holds a current, valid license from the State of Wyoming as an LPN.

(y) "Long Term Care Home and Community-Based Services Waiver (LTC/HCBS Waiver)" is the Wyoming waiver for the Elderly and Physically Disabled granted under the authority of Section 1915(c) of the Social Security Act.

(z) "LTC/HCBS Case Manager" means a person who meets the qualifications in performance of their duties of Case Manager for Long-Term Care Home and Community-Based Services waiver.

(aa) "MFCU (Medicaid Fraud Control Unit)" means the Medicaid Fraud Control Unit of the Attorney Generals Office, its agent, designee, or successor.

(bb) "Nonambulatory" means the inability of a person, who because of physical or mental impairment, must be led, assisted, or carried by another person, or who is dependent on the use of a device such as, but not limited to, a walker, wheelchair or leg prosthesis to make an exit from a building in an emergency. The determination of whether a person is nonambulatory shall be based on information contained in the report of the physical examination as required by Section 12(b)(ii) of these rules and regulations. NOTE: This is not a medical definition, but is related to the placement of elderly and impaired adults in buildings that are appropriate in terms of fire safety.

(cc) "Nurse" means any individual who holds a current, valid license from the State of Wyoming Board of Nursing as a licensed practical nurse (LPN) or as a registered nurse (RN).

(dd) "Ombudsman" means the Long-Term Care Ombudsman as established in W.S. § 9-2-1301 through 9-2-1309.

(ee) "Participant" means an elderly, blind or disabled adult who takes part in the program of care and receives services from the facility.

(ff) "Program Administration" means the rules and regulations promulgated by the Department of Health and developed by the program division for the day-to-day operations of adult day care facilities as per W.S. § 9-2-1208(v).

(gg) "Program Division" means the Wyoming Department of Health, Division on Aging.

(hh) "Program Plan" means the activity plan developed on admission and updated periodically that addresses participants needs and strategies to meet those needs.

(ii) "Physician" means any individual licensed to practice medicine in any of the fifty (50) states or the District of Columbia.

(jj) "Protection" means the intent to prevent harm and to provide oversight of the participant.

(kk) "Recommended Daily Allowances" (RDA) are the levels of intake of essential nutrients considered to be adequate to meet the known nutritional needs of healthy persons, in the judgment of the Committee on Dietary Allowances of the Food and Nutrition Board, National Academy of Sciences, National Research Council on the basis of available scientific knowledge.

(ll) "Registered Nurse" means any individual who holds a current, valid license as an RN from the State of Wyoming.

(mm) "Responsible person" means the person who assumes the responsibility for arranging for care and services for the participant. The responsible person may or may not be the legal guardian for the participant, and may or may not be related to the participant.

(nn) "Snack" means a light meal or nutritious meal supplement.

(oo) "Staff or staff person" means administrative, program, service, and volunteer personnel of the facility.

(pp) "Supplementary Care" means a part of the total care that is required by participants. Supplementary care augments the care that the family or other persons provide. Care provided by an adult day care facility is supplementary care.

(qq) "Supervision" means the general oversight of the physical and mental well-being of participants who are physically present in the adult day care facility.

(rr) "Survey" means an annual on-site evaluation conducted by the Division on Aging to determine compliance with Program Administration Rules and Regulations for Adult Day Care Facilities.

(ss) "Unit dose" means a packaged amount of medicine containing one dose of the medicine.

(tt) "Volunteer Personnel" means persons who provide services at the facility on a voluntary, non-paid basis. If these persons meet all the personnel and health requirements for staff pursuant to Section 9, Personnel, they may be counted in the staff-to-participant ratio.

Notes

048-7 Wyo. Code R. §§ 7-3