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

1. (1) “Administrator” means a person licensed as a facility administrator by the Department of Human Services, who administers, manages, supervises, or is in general administrative charge of a facility;
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) “Certified nursing assistant” means a qualified state certified nursing assistant;
4. (4) “Client”, interchangeable with “resident” or “patient”, means any individual residing in a facility who is receiving active treatment under an approved program plan;
5. (5) “Client room” means a room that accommodates one (1) or more clients for sleeping purposes;
6. (6) “Client unit” means an area designated to accommodate an individual client bed, bedside cabinet, chair, reading light, and other necessary equipment placed at the bedside for the proper care and comfort of the patient;
7. (7) “Consultant” means a qualified person who gives professional advice or service within his or her specialty, with or without remuneration;

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

   1. (A) Is eligible for registration by the American Dietetic Association;

   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;

9. (9)

   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;
10. (10) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I – V of the Controlled Substances Act;
11. (11) “Day room” means a room used by clients for recreational, social, living, habilitative training or other similar activities;
12. (12) “Department” means the Department of Human Services;
13. (13) “Director” means the Chief Administrative Officer in the Office of Long-Term Care;
14. (14) “Disinfection” means the process employed to destroy harmful microorganisms;
15. (15) “Division” means the Division of Provider Services and Quality Assurance;

16. (16) “Drug” means articles:

    1. (A) Recognized in the Official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them;
    2. (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;
    3. (C) Other than food, intended to affect the structure or any function of the body of man or other animals; and
    4. (D) Specified in subdivisions (16)(A) – (C) of this section, but does not include devices or their components, parts, or accessories;

17. (17)

    1. (A) “Drug administration” is an act restricted to nursing personnel as defined in 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 the removal of the dose from a previously dispensed, properly labeled container, verifying it with the prescriber's orders, giving the individual dose to the proper patient, and recording the time and dose given.
    3. (C) This does not reflect self-administration by clients who have successfully completed a course or program in self-administration of medication;

18. (18)

    1. (A) “Drug dispensing” is 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/or directions for use as directed by prescriber.
    2. (B) This activity also includes the compounding, counting, and transferring of medication from one (1) labeled container to another;
19. (19) “Existing facilities” means 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;
20. (20) “Facility” means any facility requiring licensure under this part 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 intellectual disabilities or other developmental disability 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 "facility" shall not include the offices of private physicians and surgeons, boarding homes, or hospitals, or institutions operated by the federal government;
21. (21) “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;
22. (22) “Governing body” means the individuals or groups in whom the ultimate authority and legal responsibility is vested for conduct of the facility;
23. (23) “Guardian” means a person who by law is responsible for a client's affairs;

24. (24) “Human services professional” means an individual who has at least a bachelor's degree in a human services field including, but not limited to:

    1. (A) Sociology;
    2. (B) Social worker;
    3. (C) Special education;
    4. (D) Rehabilitation counseling; and
    5. (E) Psychology;

25. (25)

    1. (A) “Intermediate care facility/Individuals with Intellectual Disabilities (ICF/IID) fifteen-bed or under” means a facility licensed by the Office of Long-Term Care as meeting the intermediate care facility for individuals with intellectual disabilities, fifteen (15) beds or fewer, rules.
    2. (B) It is a health facility staffed, organized, operated, and maintained to provide services to individuals with intellectual disabilities or other developmentally disabled;

26. (26)

    1. (A) “Legend drugs” means drugs which, because of their toxicity or other potential for harmful effect, or the method of their use, or the collateral measures necessary for 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";

27. (27)

    1. (A) “License” means the basic document issued by the Division of Provider Services and Quality Assurance permitting the operation of facilities.
    2. (B) This document constitutes the authority to receive patients and to perform the services included within the scope of this part;
28. (28) “Licensed bed capacity” means the exact number of beds for which license application has been made and granted;
29. (29) “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 facility, who shall assume primary responsibility for complying with approved standards for the facility;
30. (30) “Life Safety Code” or “LSC” means the Residential Board & Care Occupancies, Chapter 21, of The Life Safety Code of the National Fire Protection Association;
31. (31) “Long-Term Care Facility Advisory Board” means the Long-Term Care Facility Advisory Board [abolished] as established under Acts 1979, No 28, as amended;
32. (32) “New construction” means those facilities which are constructed or renovated for the purpose of operating a facility according to architectural plans approved by the Division of Provider Services and Quality Assurance subsequent to adoption of this part;
33. (33) “O.T.C. drugs” are commonly referred to as "over-the-counter", or patient medications that may be provided without prescription;

34. (34) “Professional recreational staff” means an individual who has a bachelor's degree in recreation or in a specialty area such as:

    1. (A) Art;
    2. (B) Dance;
    3. (C) Music; or
    4. (D) Physical education;
35. (35) “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;

36. (36)

    1. (A) “Qualified intellectual disability professional” means a person who:

       1. (i) Has at least one (1) year of experience working with individuals with intellectual disabilities or other developmental disabilities; and

       2. (ii) Is one (1) of the following:

          1. (a) (a) A doctor of medicine or osteopathy;
          2. (b) (b) A registered nurse;
       3. (c) (c) An individual who holds at least a bachelor’s degree as one (1) of the following professionals:
37. (1) (1) Occupational therapist;
38. (2) (2) Occupational therapy assistant;
39. (3) (3) Physical therapist;
40. (4) (4) Physical therapy assistant;
41. (5) (5) Psychologist, with at least a master's degree;
42. (6) (6) Social worker;
43. (7) (7) Speech-language pathologist or audiologist;
44. (8) (8) Professional recreation staff member;
45. (9) (9) Professional dietitian; and/or

46. (10) (10) Human services professional.

    1. (B) Each of the professional staff listed herein must be licensed, certified, or registered by the state.
    2. (C) Professional recreation staff or human services professionals who do not fall under the jurisdiction of state licensure, certification, or registration must meet the qualifications defined herein;
47. (37) “Responsible party” means the person who is accountable for the client's affairs but has not been appointed by the court;
48. (38) “Restraint” means any device or instrument used to limit, restrict, or hold patients under control;
49. (39) “Routine” means the regular performance of a particular task;
50. (40) “Sanitation” means the process of promoting hygiene and preventing diseases by maintaining sanitary conditions;
51. (41) “State health officer” means the Secretary of the Department of Health, Secretary of the State Board of Health;
52. (42) “Sterile” means the state of being free from all form of microorganisms; and

53. (43)

    1. (A) “Unit dose medication system” means the system in which single doses of drugs are prepackaged and prelabeled in accordance with all applicable laws, rules, and regulations governing these practices and 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 dose available to the resident in an accurate and safe manner.
    3. (C) A pharmacist shall be in charge of and responsible for the system.
    4. (D) To qualify as a true unit dose system, medications must be completely removed and replaced at least every seventy-two (72) hours.

Codification Notes: The Controlled Substances Act is codified at 21 U.S.C. § 801 et seq. The Long-Term Care Facility Advisory Board was abolished by Acts 2017, No. 540, § 39.