D.C. Mun. Regs. tit. 22, r. 22-B3299

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B3299 - DEFINITIONS

For purposes of this Chapter, the following terms shall have the meanings ascribed:

Act - Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984, D.C. Law 5-48, D.C. Official Code § 44-501et seq.

Administrator - a person who is licensed as a nursing facility administrator by the District of Columbia and who is responsible for the day-to-day operation of a nursing facility.

BOCA - Building Officials and Code Administrators.

Certified Nurse Aide - an individual who, as a result of training and demonstrated competencies, provides nursing-related services to residents in a nursing facility, and who has obtained certification or credentials from the District of Columbia as being qualified to perform such services, pursuant to Chapter 32 of Title 29 of the District of Columbia Municipal Regulations.

Chemical restraint - any drug prescribed to control mood, mental status or behavior.

Colonized - having a bacterial organism present on or in the body that is not causing illness.

Communicable disease - any disease denominated a communicable disease under Title 22 of the District of Columbia Municipal Regulations, Section 201, including without limitation, any illness due to an infectious agent or its toxic product, which is transmitted directly or indirectly to a well person from an infected person, animal, or ectoparasite; or any illness due to an infectious agent or its toxic product which is transmitted through the agency of an intermediate host, vector or by exposure within the immediate environment. Communicable disease also shall mean any disease occurring as an outbreak of illness or toxic conditions, regardless of etiology in an institution or other identifiable group of people.

DCMR - District of Columbia Municipal Regulations.

Dentist - an individual licensed to practice dentistry in the District of Columbia pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

Dietary service - an organized service applying principles of nutrition and management to menu planning, food preparation and service provided to residents and personnel in a facility.

Dietitian - a person who is qualified, based upon either registration by the Commission on Dietetic Registration of the American Dietetic Association or on the basis of education, training or experience, to identify dietary needs and to plan and implement dietary programs.

Director - the Director of the Department of Health.

District - the District of Columbia.

Emergency - an unexpected serious occurrence which usually requires immediate attention.

Facility - the overall organization, program, and services of a nursing facility, including staff personnel, the building or buildings, equipment, and supplies necessary for implementation of health and nursing services.

Food Service Manager - a qualified Dietitian; or a person who has successfully completed a two (2) year course in food service management, eligible for technician membership in the American Dietetic Association and has had supervised work experience in all phases of food services.

Interdisciplinary care plan - a comprehensive plan of care and treatment designed for an individual resident that includes measurable objectives and timetables to meet the resident's medical, nursing, mental and physical needs.

Interdisciplinary care team - all facility personnel involved in the care of a resident, including medical, nursing, social services, dietary, therapeutic activities, rehabilitation services and others involved as necessary.

Licensed practical nurse - a person who has graduated from a school of practical nursing approved by the National Association of Practical Nurse Education and who is currently licensed to practice in the District of Columbia in accordance with the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

Licensee - the person or entity to whom a license to operate a nursing facility is issued, and who is legally responsible for operating a facility.

Medicaid - medical assistance provided under a State plan approved under the Social Security Act, approved August 4, 1935, P.L. 74-271, 49 Stat. 620, 42 U.S.C. §§ 1396 - 1396v, subchapter XIX, chapter 7.

Medical Director - a physician, appointed by a nursing facility, who is currently licensed to practice medicine in the District of Columbia, who has experience in adult medicine and has knowledge of geriatric medicine.

Medically contraindicated - should not be administered to an individual because of a condition that the individual has, such that administration of the treatment, service, medication, or immunization at issue will be detrimental to the individual's health.

Medicare - the federal health insurance program for the aged and disabled under the Social Security Act, approved August 4, 1935, P.L. 74-271, 49 Stat. 620, 42 U.S.C. §§ 1395 - 1395ccc, subchapter XVIII, chapter 7.

Methicillin-resistant staphylococcus aureus (MRSA) - a bacterium that is resistant to antibiotics known as beta-lactams. These antibiotics include methicillin, amoxicillin, oxacillin, and penicillin.

New facility - a nursing facility for which construction is begun after the effective date of these rules or a building for which conversion to a nursing facility is begun after the effective date of these rules.

NFPA - National Fire Prevention Association.

Nurse aide - an individual who, as a result of training and demonstrated competencies, provides nursing-related services to residents in a nursing facility. This definition includes certified nurse aides, as defined above. This definition does not include individuals who volunteer to provide such services without pay, but does include individuals who are hired by residents and their families to provide care to residents in a nursing facility, and includes nurse aides supplied by an agency as well as those actually employed by the facility.

Nurse practitioner - a person licensed as an advanced registered nurse under the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq. to perform medical diagnosis, treatment, prescription and other functions authorized by the Act and in collaboration with a physician, osteopath or dentist who shall be responsible for the overall medical direction of the health-care team. A nurse practitioner may also be known as an Advanced Registered Nurse.

Nursing facility - a 24-hour institution or distinct part of a 24-hour institution that:

(1) is primarily engaged in providing nursing care and related services to residents who require medical or nursing care, or rehabilitation services for the rehabilitation of persons who are injured, disabled, or sick;
(2) is not primarily for the care and treatment of mental diseases; and
(3) has in effect a transfer agreement that meets the requirements of 42 U.S.C. § 1395 with one (1) or more hospitals that have a provider agreement in effect that meets the requirements of 42 U.S.C. § 1395.

Nursing services - health-care related work performed by licensed nurses, licensed practical nurses and certified nurse aides for the benefit of nursing facility residents.

Nursing unit - a group of resident rooms, staff work areas, service areas and resident support areas, the size and configuration of which is based on the organizational patterns of staffing, functional operations and communications for the facility.

Person - an individual, partnership, corporation, association, organization, executor, administrator, guardian, trustee or agent.

Physical restraint - any physical device intended to confine or substantially restrict the movement of a resident, such as, but not limited to, a restrictive vest, a protective or safety device, such as a side rail, seat belt, padded mitts or geriatric chairs.

Physician - an individual licensed to practice medicine in the District of Columbia pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 etseq.

Physician assistant - an individual licensed or certified in the District of Columbia as a physician assistant pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

Podiatrist - an individual licensed in the District of Columbia to practice podiatry pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

Registered nurse - a person who is licensed and currently registered as a registered nurse in the District of Columbia pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

Relocation - movement of a resident from a bed in the facility to another bed within the facility or to a distinct part of the facility.

Resident - an individual who, because of physical, mental, familial or social circumstances or mental retardation, is residing in a nursing facility.

Resident's Representative -

(1) any person who is knowledgeable about a resident's circumstances and has been designated by that resident to represent him or her; or
(2) any person who has been appointed by a court or government agency either to administer a resident's financial or personal affairs or to protect and advocate for a resident's rights. If no person has been designated or appointed in accordance with (1) or (2) above, a representative of the D.C. Office of the Long Term Care Ombudsman or a representative acting in accordance with the Health-Care Decisions Act of 1988, effective March 16, 1989, D.C. Law 7-189, D.C. Official Code § 21-2210, shall be the resident's Representative.

State Plan - the comprehensive written commitment by the District of Columbia to administer or supervise the administration of the Medicaid program in accordance with Federal requirements.

State Plan Administrator - the chief manager of the District of Columbia's State Plan.

Therapeutic diet - a dietary regime including the modification or control of calories, increase or decrease of nutrients, changes in textures of food, or restrictions of specific ingredients prescribed by a physician (1) for maintenance and repair of body tissues, and for proper function of body processes, or (2) for the treatment of a resident with a specific illness.

Uniform Federal Accessibility Standards - federal guidelines, published pursuant to the Architectural Barriers Act, 42 U.S.C. §§ 4151 - 4157, for the design, construction and alteration of buildings to facilitate access by physically handicapped persons.

Unit dose - an individually packaged measure of medication.

D.C. Mun. Regs. tit. 22, r. 22-B3299

Notice of Final Rulemaking published at 49 DCR 473 (January 18, 2002); as amended by Notice of Final Rulemaking published at 49 DCR 6824 (July 19, 2002); as amended by Notice of Final Rulemaking published at 56 DCR 848, 851 (January 23, 2009)