(a) Health maintenance activities that are routinely performed by the family in the home setting may be provided by a designated care aide for a:

1. (1) Competent adult at the direction of the adult; or
2. (2) Minor child or incompetent adult at the direction of a caretaker.

(b)

1. (1) “Caretaker” means:

   1. (A) A person who is directly and personally involved in providing care for a minor child or incompetent adult; and
   2. (B) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care.

2. (2) “Designated care aide” means the person hired to provide care for the:

   1. (A) Competent adult;
   2. (B) Minor child; or
   3. (C) Incompetent adult.
3. (3) “Health maintenance activities” mean activities that the minor child or adult is unable to perform for himself or herself, including oral medications.

(c)

1. (1) The attending physician, advanced practice registered nurse, or registered nurse must determine a designated care aide under the direction of a competent adult or caretaker can safely perform the activity in the minor child’s or adult’s home.

2. (2) “Home” shall not include:

   1. (A) A nursing home;
   2. (B) An assisted living facility;
   3. (C) A residential care facility;
   4. (D) An intermediate care facility; or
   5. (E) A hospice care facility.

(d) Health maintenance activities that are not exempted by the Consumer Directed Care Act, Arkansas Code § 17-87-103(12), include:

1. (1) Physical, psychological, and social assessment that requires nursing:

   1. (A) Judgment;
   2. (B) Intervention;
   3. (C) Referral; or
   4. (D) Follow-up;
2. (2) Formulation of the plan of nursing care and evaluation of the client’s response to the care rendered;
3. (3) Tasks that require nursing judgment or intervention;
4. (4) Teaching and health counseling;
5. (5) Administration of any injectable medications (intradermal, subcutaneous, intramuscular, intravenous, intraosseous, or any other form of injection) or intravenous therapy; and
6. (6) Receiving or transmitting verbal or telephone orders.