Section R. 400.301 - DefinitionsRule 301.
(1) As used in these rules:(a) "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Abuse includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychological well-being. Instances of abuse of all patients, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. Abuse includes verbal abuse, sexual abuse, physical abuse, and mental abuse including abuse facilitated or enabled through the use of technology. Verbal abuse occurs when an individual purposely uses negative or demeaning words directed at a resident. Willful means the individual must have acted deliberately, not that the individual must have intended to inflict injury or harm.(b) "Act" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.(c) "Applicant" means a person applying to the department for a certificate or permit as provided in the act or these rules.(d) "Article 15" means article 15 of the act, MCL 333.16101 to 333.18838.(e) "Article 17" means article 17 of the act, MCL 333.20101 to 333.22260.(f) "Business day" means a day other than a Saturday, Sunday, or any legal holiday.(g) "Complaint" means an allegation that a person or program has violated the act or administrative rules promulgated under the act.(h) "Department" means the department of licensing and regulatory affairs.(i) "Health facility or agency" means that term as defined in section 20106 of the act, MCL 333.20106, except for an ambulance operation, aircraft transport operation, non-transport prehospital life support operation, medical first response service, or health maintenance organization.(j) "Misappropriation of resident property" means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a patient's belongings or money without the resident's consent.(k) "Neglect" means the failure of the nurse aide to provide goods and services to a patient that are necessary to avoid physical harm, pain, mental anguish, or emotional distress. Failure as used in the definition of neglect means the omission of required goods and services or the failure to provide the goods and services as required in a patient's care documents.(l) "Physician" means an individual licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery under part 170 or 175 of the act, MCL 333.17001 to 333.17097 and MCL 333.17501 to 333.17556.(m) "Proprietary school" means a school that provides training in a specific trade, occupation, or vocation and is required to be licensed by this state pursuant to the proprietary schools act, 1943 PA 148, MCL 395.101 to 395.103.(n) "Registered professional nurse" means an individual who is licensed to practice nursing pursuant to part 172 of the act, MCL 333.17201 to 333.17242.(o) "state approved testing program" means a competency evaluation as required by 42 CFR 483.154.(p) "state permitted training program" means a nurse aide training and competency evaluation program as required by 42 CFR 483.151 and 483.152.(2) Unless otherwise specified, a term defined in the act has the same meaning when used in these rules.Mich. Admin. Code R. 400.301
2023 MR 6, Eff. 3/23/2023