The following terms are defined for the purpose of this part:

1. (1) “Behavior modification” means things or events that are used in a timely manner to discourage undesired behavior;
2. (2) “Board” means the Long-Term Care Facility Advisory Board [abolished];
3. (3) “Department” means the Department of Human Services;
4. (4) “Division” means the Division of Medical Services;
5. (5) “Facility” means a post-acute head injury retraining and residential care facility;
6. (6) “Facility services” means the residential, retraining, and rehabilitation services provided within each licensed facility in accordance with its license;
7. (7) “Head injury” means an injury or neurological impairment to the brain caused by illness or accident;
8. (8) “Head injury retraining and rehabilitation” means the individualized program of instruction offered in a residential or day program designed to assist an individual suffering from disability as a result of head injury to reduce the adverse effects of the disability and improve functioning in daily living, education, and vocational activities;
9. (9) “Immediate family” means father, mother, children, spouse, brother, and sister;

10. (10)

    1. (A) “Independently mobile” means physically and mentally capable of vacating a structure in case of emergency, including the capability to ascend or descend stairs that are in the exit path.
    2. (B) Residents who can use canes, wheelchairs, or walkers are considered independently mobile as long as they do not require more than verbal or minimum assistance from other persons to vacate and can do as required by local fire code;
11. (11) “License” means a nontransferable permit issued by the Office of Long-Term Care to a licensee authorizing the licensee to operate a facility for a specific time period;

12. (12)

    1. (A) “Licensee” means any person, firm, corporation, governmental agency, or other legal entity to whom the license is issued and who is responsible for maintaining approved standards.
    2. (B) Facilities owned or regulated by the Department of Veterans Affairs or by the Division Development Disabilities Services, the Office on Alcohol and Drug Abuse, and Christian Science homes shall be excluded from licensure under this part;
13. (13) “Office of Long-Term Care“ means the survey and licensure agency of the Division of Medical Services;

14. (14) “Post-acute head injury retraining and residential care facility” means a building, or group of buildings, if located contiguously and operated jointly, used or maintained to provide, for pay, retraining and rehabilitation for three (3) or more individuals who are:

    1. (A) Disabled on account of head injury; and
    2. (B) Not in present need of inpatient diagnostic care in a hospital or related;
15. (15) “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 Office of Long-Term Care;
16. (16) “Rules” means the rules pertaining to post-acute head injury retraining and residential care facilities promulgated by the Office of Long-Term Care pursuant to Acts 1987, No. 602;
17. (17) “Residents” means any individual who receives services from a facility;
18. (18) “Resident's sponsor” means the person or agency legally responsible for the welfare and support of the resident;

19. (19)

    1. (A) “Residential area” means an area used by residents for sleeping and for daily living activities.
    2. (B) A ”residential area” may be less than the entire area of a building and there may be more than one (1) residential area within a single building;
20. (20) “Sponsor”. See "resident sponsor”;
21. (21) “Staff” means any officer, employee, or agent of a facility; and
22. (22) “Time-out techniques” means devices or procedures designed to improve a resident’s behavior by removing positive reinforcements when the resident’s behavior is undesirable.

Codification Notes: Long-Term Care Facility Advisory Board was abolished by Acts 2017, No. 540, § 39.