For the purpose of this part the following definitions shall apply:

1. (1) “Administrator” means a person licensed as a nursing home administrator by the Department of Human Services who administers, manages, supervises, or is in general administrative charge of a nursing home;
2. (2) “Alteration” means any work other than maintenance in an existing building and which does not increase the floor or roof area or the volume of enclosed space;
3. (3) “Consultant” means a qualified person who gives professional advice or service within his or her specialty, with or without remuneration;

4. (4) “Consultant dietitian” means a person who:

   1. (A) Is registered by the Commission on Dietetic Registration;

   2. (B) Has a baccalaureate degree with major studies in:

      1. (i) Food and nutrition;
      2. (ii) Dietetics; or
      3. (iii) Food service management;
   3. (C) Has one (1) year of supervisory experience in the dietetic service of a health care institution; and
   4. (D) Participates annually in continuing dietetic education;

5. (5)

   1. (A) “Consultant pharmacist” means a qualified licensed, registered pharmacist, who under arrangement with an institution, renders assistance in developing, implementing, evaluating, and revising where indicated, policies and procedures for providing the administrative and technical guidance of the pharmaceutical services relative to labeling, storing, handling, dispensing, and all other matters pertaining to the administration and control of drugs and medication.
   2. (B) He or she provides such services and monitors activities within the institution with the express purpose of creating and maintaining the highest standards in medication distribution, control, and service;
6. (6) “Controlled substances” means a drug, substance, or immediate precursor in Schedules I – V of Article 11 of the Uniform Controlled Substances Act, Arkansas Code § 5-64-101 et seq.;
7. (7) “Department” means the Department of Human Services;
8. (8) “Director” means the Director of the Division of Provider Services and Quality Assurance;
9. (9) “Disinfection” means the process employed to destroy harmful microorganisms, but ordinarily not viruses and bacterial spores;
10. (10) “Distinct part” means an identifiable unit accommodating beds and related facilities including, but not limited to, a wing, floor, or building that is approved by the Division of Provider Services and Quality Assurance for a specific purpose;
11. (11) “Division” means the Department of Human Services, Division of Provider Services and Quality Assurance;

12. (12)

    1. (A) “Drug” means articles:

       1. (i) Recognized in the Official United States Pharmacopeia, Official Homeopathic Pharmacopeia of the United States, or Official National Formulary, or any supplement to any of them;
       2. (ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;
       3. (iii) Other than food, intended to affect the structure or any function of the body of man or other animals; and
       4. (iv) Specified in subdivisions (12)(A)(i), (12)(A)(ii), or (12)(A)(iii).

    2. (B) “Drug” does not include devices or their:

       1. (i) Components;
       2. (ii) Parts; or
       3. (iii) Accessories;

13. (13)

    1. (A) “Drug administration” means an act restricted to nursing personnel as defined in Nurses Practice Act, Acts 1971, No. 432, in which a single dose of a prescribed drug or biological is given to a patient.

    2. (B) This activity includes:

       1. (i) The removal of the dose from a previously dispensed, properly labeled container;
       2. (ii) Verifying it with the prescriber's orders, giving the individual dose to the proper patient; and
       3. (iii) Recording the time and dose given;

14. (14)

    1. (A) “Drug dispensing” means an act restricted to a pharmacist which involves the issuance of one (1) or more doses of a medication in a container other than the original, with such new containers being properly labeled by the dispenser as to content and directions for use as directed by the prescriber.
    2. (B) This activity also includes the compounding, counting, and transferring of medication from one (1) labeled container to another;
15. (15) “Existing facilities” are those facilities which were in operation, or those proposed facilities which began construction or renovation of a building under final plans approved by the Division of Provider Services and Quality Assurance, prior to adoption of this part;
16. (16) “Fire resistance rating” means the time in hours or fractions thereof that materials or their assemblies will resist fire exposure as determined by fire test conducted in accordance with recognized standards;
17. (17) “Governing body” means the individuals or group in whom the ultimate authority and legal responsibility is vested for conduct of the nursing home;
18. (18) “Guardian” means a court appointed person who by law is responsible for a patient's affairs;
19. (19) “Institution” means any facility requiring licensure under this part;

20. (20)

    1. (A) “Intermediate care facility (ICF)” means a nursing home licensed by Arkansas Social Services as meeting the intermediate care facility rules.
    2. (B) It is a health facility, or a distinct part of a hospital or skilled nursing facility, that is staffed, organized, operated, and maintained to provide twenty-four-hour long-term inpatient care and other restorative services under nursing supervision;

21. (21)

    1. (A) “Legend drugs” means drugs which, because of their toxicity or other potentiality for harmful effect, or the method of their use, or the collateral measures necessary to their use, are not safe for use except under the supervision of a practitioner licensed by law to administer such drugs, or shall be dispensed only on prescription by the pharmacist.
    2. (B) Such drugs bear the label "Caution: Federal Law Prohibits Dispensing Without Prescription";

22. (22)

    1. (A) “License” means the basic document issued by the Division of Provider Services and Quality Assurance permitting the operation of nursing homes.
    2. (B) This document constitutes the authority to receive patients and to perform the services included within the scope of this part;
23. (23) “Licensed bed capacity” means the exact number of beds for which license application has been made and granted;
24. (24) “Licensee” means any state, municipality, political subdivision, institution, public, or private corporation, association, individual, partnership, or any other entity to whom a license is issued for the purpose of operating the nursing home, who shall assume primary responsibility for complying with approved standards for the institution;
25. (25) “Medication assistant” means any medication assistive person who is qualified and certified under Arkansas Code § 17-87-701 et seq.;
26. (26) “New construction” means those facilities which are constructed or renovated for the purpose of operating an institution according to architectural plans approved by the Division of Provider Services and Quality Assurance after adoption of this part;
27. (27) “Nursing home” means and shall be construed to include any buildings, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of two (2) or more unrelated individuals, who, because of physical or mental infirmity are unable to sufficiently or properly care for themselves, and for which reception, accommodation, board, care, and treatment, a charge is made, provided the term "nursing home" shall not include the offices of private physicians and surgeons, boarding homes, hospitals, or institutions operated by the federal government (Acts 1961, No. 141, § 2, as amended);

28. (28) “Nursing home classification” means the level of care the nursing home is capable of rendering such as:

    1. (A) Skilled nursing facility;
    2. (B) Intermediate care facility; and
    3. (C) Intermediate care facility for individuals with intellectual disabilities;
29. (29) “OTC drugs” means drugs commonly referred to as "over-the-counter", or patient medication that may be provided without prescription;
30. (30) “Patient” (interchangeable with “resident”) means any individual who is being treated by a physician or whose health is being supervised by a physician while residing within the respective facility;

31. (31) “Patient unit” means an area designated to accommodate:

    1. (A) An individual patient:

       1. (i) Bed;
       2. (ii) Bedside cabinet;
       3. (iii) Chair;
       4. (iv) Reading light; and
    2. (B) Other necessary equipment placed at the bedside for the proper care and comfort of a patient;
32. (32) “Provisional licensure” means a temporary grant of authority to the purchaser to operate an existing long-term care facility upon application for licensure to the Department of Provider Services and Quality Assurance;

33. (33) “Qualified social worker” means a person who is:

    1. (A) Registered by the Arkansas Social Work Licensing Board; and
    2. (B) A graduate of a school of social work accredited or approved by the Council on Social Work Education;
34. (34) “Responsible party” means the person who is accountable for the patient's affairs but who has not been appointed by the court;

35. (35) “Restorative nursing” or “rehabilitative nursing” means measures directed toward:

    1. (A) Prevention of deterioration in normal body alignment and muscle tone;
    2. (B) Restoration of the resident to full activity insofar as their health problems permit; and
    3. (C) Maintaining a state in which their total need for care is minimal;

36. (35)

    1. (A) “Restraint” means any device or instrument used to limit, restrict, or hold patients under control, not including safety vests or other instruments such as bed rails used for the safety and positioning of patients.
    2. (B) Personal safety devices and postural support devices that restrict movement are considered restraints;
37. (36) “Routine” means the regular performance of a particular task;
38. (37) “Sanitation” means the process of promoting hygiene and preventing disease by maintaining sanitary conditions;

39. (38)

    1. (A) “Skilled nursing facility (SNF)” means a nursing home, or a distinct part of another facility, licensed by the Department of Human Services as meeting the skilled nursing facility licensure rules.
    2. (B) A health facility that provides skilled nursing care and supportive care on a twenty-four-hour basis to residents whose primary need is for availability of skilled nursing care on an extended basis;
40. (39) “State Health Officer” means the Secretary of the Department of Health, Secretary of the State Board of Health;
41. (40) “Sterile” means the state of being free from all forms of micro-organisms; and

42. (41)

    1. (A) “Unit dose medication system” means a system in which single doses of drugs are:

       1. (i) Prepackaged and prelabeled in accordance with all applicable laws and rules governing these practices; and
       2. (ii) Made available separated by resident and by dosage time.
    2. (B) The system includes all equipment and records deemed necessary and used in making the doses available to the resident in an accurate and safe manner.
    3. (C) A pharmacist shall be in charge of and responsible for the system.