Abuse-
1. the willful infliction of physical or mental injury;2. causing deterioration by means including, but not limited to: c. extortion of funds or other things of value to such an extent that the resident's health, moral or emotional well-being is endangered; or3. the willful infliction of injury, unreasonable confinement, intimidation or punishment which results in or which could reasonably be expected to result in physical or mental harm, pain or mental anguish. Lack of awareness or knowledge by the victim of the act which produced or which could have reasonably been expected to produce physical or mental injury or harm shall not be a defense to the charge of abuse. Approved Setting - a provider entity licensed and regulated by the department, a school serving children with special needs, or a correctional facility in which the certified nurse aide performs nursing or nursing-related duties.
Certified Nurse Aide-an individual who meets one of the following requirements and is listed as certified and in good standing on the Louisiana Certified Nurse Aide Registry (LCNAR):
1. has completed a nurse aide training and competency evaluation program (NATCEP) approved by the state as meeting the requirements of 42 Code of Federal Regulations (CFR) 483.151-483.154; or2. has been determined competent as provided in 42 CFR 483.150(a) and (b); or3. has successfully completed one semester of a registered or practical nursing program, which includes a course on foundational nursing skills, and has successfully passed an approved nurse aide competency evaluation examination.Department-the Louisiana Department of Health and Hospitals.
Misappropriation-taking possession without the permission of the resident who owns the personal belongings, or the deliberate misplacement, exploitation or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent.
Neglect-the failure to provide goods and services to the resident that are necessary to avoid physical harm, mental anguish or mental illness.
Nursing Homes or Nursing Facilities-any entity or facility serving two or more persons, who are not related to the operator by blood or marriage, that undertakes to provide maintenance, personal care or nursing for persons who are unable to properly care for themselves by reason of illness, age or physical infirmity.
Trainee - an individual who is at least 16 years old and is enrolled in a nurse aide training and competency evaluation program, whether at a nursing facility or educational facility, with a goal of becoming a certified nurse aide.
La. Admin. Code tit. 48, § I-10001
Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 32:2074 (November 2006), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:1242 (May 2012), Amended by the Department of Health, Bureau of Health Services Financing, LR 491936 (11/1/2023).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and P.L. 100-203.