The following words and terms, when used in this part, shall have the following meaning, unless the context clearly indicates otherwise:

1. (1) “Abuse” means the willful, knowing, or reckless act of mistreatment of a resident through words or physical action which results in physical, emotional, or mental injury to a resident;

2. (2)

   1. (A) “Act” means the Federal Nursing Home Reform Act, Subtitle C of the Omnibus Budget and Reconciliation Act of 1987, Pub. L. No. 100-203, and technical amendments of the Omnibus Budget and Reconciliation Act of 1989, Pub. L. No. 101-239, and the Omnibus Budget and Reconciliation Act of 1990, Pub. L. No. 101-508.
   2. (B) “Act” may also refer to the Long-Term Care Aide Training Act, Arkansas Code § 20-10-701 et seq.;
3. (3) “Additional instructor” means a registered nurse (RN) or licensed practical nurse (LPN) who, under the general supervision of the primary instructor, may provide classroom and skills training;
4. (4) “Centers for Medicare and Medicaid Services” means the federal agency that oversees programs including Medicare, Medicaid, the Children’s Health Insurance Program, and the state and federal health insurance marketplaces;
5. (5) “Certified nursing assistant (CNA)” means individuals trained and certified to help nurses by providing nonmedical assistance to patients, such as help with bathing, dressing, and using the bathroom;
6. (6) “Competency examination” means an examination that includes manual (skills) and written (or oral component for those with limited literacy skills) evaluations;
7. (7) “Educational institution” means an institution that is licensed by the State Board of Private Career Education within the Division of Higher Education as defined by Acts 1989, No. 906 (examples include but are not limited to career colleges and proprietary schools);
8. (8) “Examination” means a competency examination that includes manual (skills) and written evaluations;

9. (9)

   1. (A) “Facility” means a long-term care facility or nursing facility (nursing home) licensed by the Office of Long-Term Care.
   2. (B) A nursing facility that provides nursing care and supportive care on a twenty-four-hour basis to residents.
   3. (C) Facility "premises" include all structures and surrounding property;
10. (10) “Facility-based program” means a nursing assistant training program offered by or in a long-term care facility;
11. (11) “General nursing experience” means experience which may include, without limitation, employment in a nursing assistant education program or employment in or supervision of nursing students in a long-term care facility or unit, geriatrics department (excluding a geriatric psychiatry department), long-term acute care hospital, home healthcare, hospice care, or other long-term care setting (Arkansas Code § 20-10-702(2)(C)(ii));
12. (12) “Guest speaker” means a registered nurse, licensed practical nurse, or other licensed health professional who conducts specific classroom lectures based upon an expertise in a given subject area under the direct supervision of the primary instructor;

13. (13) “Licensed health professional” means a:

    1. (A) Physician;
    2. (B) Physician assistant;
    3. (C) Nurse practitioner;
    4. (D) Physical, speech, or occupational therapist;
    5. (E) Physical therapist assistant or occupational therapist assistant;
    6. (F) Registered professional nurse;
    7. (G) Licensed practical nurse; or
    8. (H) Certified social worker;
14. (14) “Misappropriation of resident property” means the taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any property, real or personal, or anything of value belonging to or under the effective control of a resident or other appropriate legal authority, or the taking of any action contrary to any duty imposed by law prescribing conduct relating to the custody or disposition of property of a resident;
15. (15) “Neglect” means an act of omission or an act without due care which causes physical or emotional harm to a resident or adversely affects the resident’s health, safety, or welfare in any way;

16. (16)

    1. (A) “Nonfacility-based program” means a nursing assistant training program not offered by or in a facility.

    2. (B) Examples include but are not limited to:

       1. (i) Career colleges;
       2. (ii) Community colleges;
       3. (iii) Vocational or technical schools; and
       4. (iv) Proprietary schools;
17. (17) “Nursing assistant” means an unlicensed nursing staff member who assists with basic patient care such as giving baths, checking vital signs, bed-making, and positioning to residents in a long-term care facility who has successfully completed a training or competency evaluation program and is competent to provide such services, but not an individual who is a licensed health professional or who volunteers to provide such services without monetary compensation;
18. (18) “Office” means the Long-Term Care Facility Nursing Assistant Training Program within the Division of Provider Services and Quality Assurance;

19. (19)

    1. (A) “Orientation program” means a program which provides the nursing assistant with explanations of:

       1. (i) Facility structure;
       2. (ii) Policies;
       3. (iii) Procedures;
       4. (iv) Philosophy of care;
       5. (v) Description of the resident population; and
       6. (vi) Employee rules.
    2. (B) This orientation phase is not included as part of the Long-Term Care Facility Nursing Assistant Training Program;
20. (20) “Petitioner” is a person who appeals a finding that such person has, while acting as a nursing assistant in a facility or while being used by a facility in providing services to a resident, abused or neglected a resident, or has misappropriated a resident’s property;
21. (21) “Primary instructor” means an individual who is a registered nurse licensed in this state to practice, if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, Arkansas Code § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas, does not have any disciplinary action regarding their license by the licensing entity or authority, and possesses a minimum of two (2) years’ general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a long-term care facility setting within the last five (5) years (Arkansas Code § 20-10-702);
22. (22) “Resident” means an individual who resides in long-term care facilities who receives a range of services, including medical and personal care;
23. (23) “Skills training” means training composed of both skills demonstration in the classroom lab and skills performance in the clinical area with residents in a long-term care facility;
24. (24) “Supervised practical training” means, pursuant to 42 C.F.R. § 483.152, training in a laboratory or other setting in which the trainee demonstrates knowledge while performing tasks on an individual under the direct supervision of a registered nurse or a licensed practical nurse;
25. (25) “Task performance record” means a list of the major duties and skills to be learned in the program and the trainee’s performance of each;
26. (26) “Trainee” means an individual who is enrolled in a nursing assistant training program and who is not permitted to perform nursing services for residents during the training period for which they have not been trained and found to be competent; and
27. (27) “Virtual instruction” or “virtual training” means a method of teaching that is taught either entirely online or when elements of face-to-face courses are taught online through learning management systems and other educational tools and platforms.