• 64-14-3. Definitions.

 

In addition to the following definitions, the definitions in W. Va. Code §16-5D-2 are applicable to this rule.

 

3.1.  Abuse.  –  The infliction or threat to inflict injury, unreasonable confinement, misuse of physical or chemical restraints, intimidation, or punishment with resulting physical harm, pain, or mental anguish, including the following:

 

3.1.a.  Mental Abuse.  –  Includes, but is not limited to, humiliation, harassment, threats of punishment or deprivation;

 

3.1.b.  Physical Abuse.  –  Includes, but is not limited to, hitting, slapping, pinching, kicking, and use of controlling behavior through corporal punishment;

 

3.1.c.  Sexual Abuse.  –  Includes, but is not limited to, harassment, coercion, or assault of a sexual nature; and

 

3.1.d.  Verbal Abuse.  –  Includes, but is not limited to, the use of oral, written, or gestured language in communicating with a resident or used within the resident’s hearing regardless of the resident’s age, ability to comprehend or disability, that contains disparaging and derogatory terms.

 

3.2.  Activities of Daily Living.  –  The activities that an individual generally performs regularly in the course of maintaining his or her physical self, such as eating, dressing, oral hygiene, toileting, personal grooming, and moving themselves from one

location to another.

 

3.3.  Administration of Medication.  –  Assisting a person in the ingestion, application or inhalation of medications, including both prescription drugs and non-prescription drugs.

 

3.4.  Administrator.  –  The owner or individual selected by the licensee to be responsible for the day-to-day operation of the assisted living residence.

 

3.5.  Adult Day Care.  –  Care and supervision for elderly or disabled adults during daytime hours only.

 

3.6.  Assisted Living Residence or Residence.  –  Any living facility or place of accommodation in the state, however named, available for four (4) or more residents, that is advertised, offered, maintained or operated by the ownership or management, for the express or implied purpose of providing personal assistance, supervision, or both, to any residents who are dependent upon the services of others by reason of physical or mental impairment, and who may also require nursing care at a level that is not greater than limited and intermittent nursing care.  A small assisted living residence has a bed capacity of four (4) to sixteen (16).  A large assisted living residence has a bed capacity of seventeen (17) or more.

 

3.7.  Bed Capacity.  –  The number of residents an assisted living residence is licensed to house.

 

3.8.  Classification of Standards.  –  The designation assigned to the requirements in this rule indicating the level of impact the requirement has on the health, safety and welfare of the residents.  There are three (3) levels used, indicated by Class I, Class II and Class III, with Class I having the most impact and Class III the least.

 

3.9.  Commissioner.  –  The Commissioner of the Bureau for

location to another.

 

3.3.  Administration of Medication.  –  Assisting a person in the ingestion, application or inhalation of medications, including both prescription drugs and non-prescription drugs.

 

3.4.  Administrator.  –  The owner or individual selected by the licensee to be responsible for the day-to-day operation of the assisted living residence.

 

3.5.  Adult Day Care.  –  Care and supervision for elderly or disabled adults during daytime hours only.

 

3.6.  Assisted Living Residence or Residence.  –  Any living facility or place of accommodation in the state, however named, available for four (4) or more residents, that is advertised, offered, maintained or operated by the ownership or management, for the express or implied purpose of providing personal assistance, supervision, or both, to any residents who are dependent upon the services of others by reason of physical or mental impairment, and who may also require nursing care at a level that is not greater than limited and intermittent nursing care.  A small assisted living residence has a bed capacity of four (4) to sixteen (16).  A large assisted living residence has a bed capacity of seventeen (17) or more.

 

3.7.  Bed Capacity.  –  The number of residents an assisted living residence is licensed to house.

 

3.8.  Classification of Standards.  –  The designation assigned to the requirements in this rule indicating the level of impact the requirement has on the health, safety and welfare of the residents.  There are three (3) levels used, indicated by Class I, Class II and Class III, with Class I having the most impact and Class III the least.

 

3.9.  Commissioner.  –  The Commissioner of the Bureau for Public Health or his or her designee.

 

3.10.  Communicable Disease.  –  An illness caused by an infectious agent or its toxic product that is transmitted, directly or indirectly, to a susceptible host from an infected person or animal, or through the agency of an intermediate host or a vector or through the inanimate environment.

 

3.11.  Developmental Disorder.  –  A group of disorders in which the predominant disturbance is in the acquisition of cognitive, language, motor, or social skills.  The disturbance may involve a general delay, as in mental retardation, or a delay or failure to progress in a specific area of skill acquisition or multiple areas in which there are qualitative distortions of normal development.

 

3.12.  Disability.  –  Any limitation of physical, mental, or social activity of an individual as compared with other individuals of similar age, sex, and occupation.  It frequently refers to limitation of the usual or major activities, most commonly vocational.

 

3.13.  Existing Assisted Living Residence.  –  A personal care home or a residential board and care home licensed or eligible for license on the effective date of this rule.

 

3.14.  Exploitation.  –  The act or process of taking unjust advantage of another individual for one’s own benefit that includes, but is not limited to, the deliberate misplacement or wrongful use of a resident or the resident’s belongings or money without the resident’s consent.

 

3.15.  Extensive Nursing Care.  –  The nursing care required when there is a major deviation from normal in a body system or multiple body systems of such magnitude that the deviations are life-threatening and the individual’s condition is unstable and unpredictable.

 

3.16.  Functional Needs Assessment.  –  Any measurement tool that identifies for the resident and the licensee those services that the licensee will need to obtain or provide for the resident in order to promote the resident’s health, comfort, dignity and independence.

 

3.17.  Health Care Facility.  –  A public or privately owned institution, entity or adult residential facility or any part or unit thereof, that offers or provides health care services, such as personal assistance, supervision, nursing care, or behavioral health care, that are required to be licensed in accordance with State law to provide the services.

 

3.18.  Immediate and Serious Threat.  –  A situation that present a high probability of serious harm or injury to one (1) or more residents.  An immediate or serious threat need not result in actual harm to any resident.

 

3.19.  Imminent Danger.  –  A situation that could reasonably be expected to immediately cause or contribute to death, serious physical harm or illness to a resident, household member or staff before the situation can be eliminated through a correction plan according to Subsection 4.10 of this rule.

 

3.20.  Legal Representative.[1]  —

 

3.20.a.  A conservator, temporary conservator or limited conservator appointed pursuant to the West Virginia Legal Guardianship and Conservatorship Act, W. Va. Code §§44A-1-1 et seq., within the limits set by the order;

 

3.20.b.  A guardian, temporary guardian or limited guardian

[1]1  Owners and administrators should note that the various types of legal representatives do not necessarily have the lawful authority to act on behalf of the resident in all matters that may require action by a legal representative.  For example, a conservator may have responsibility for financial affairs, but not personal affairs, such as medical care.

[1]1  Owners and administrators should note that the various types of legal representatives do not necessarily have the lawful authority to act on behalf of the resident in all matters that may require action by a legal representative.  For example, a conservator may have responsibility for financial affairs, but not personal affairs, such as medical care.

appointed pursuant to the West Virginia Guardianship and Conservatorship Act, W. Va. Code §§44A-1-1 et seq., within the limits set by the order;

 

3.20.c.  An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code §44A-1-2(d);

 

3.20.d.  An individual having a medical power of attorney pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by law and the appointment;

 

3.20.e.  A representative payee under the U.S. Social Security Act, Title 42 US Code §301 et seq., within the limits of the payee’s legal authority;

 

3.20.f.  A health care surrogate appointed pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by the appointment;

 

3.20.g.  An individual having a durable power of attorney pursuant to W. Va. Code §39-4-1, or a power of attorney under common law, within the limits of the appointment;

 

3.20.h.  An individual identified pursuant to W. Va. Code §16-3C-4 to grant consent for HIV-related testing and for the authorization of the release of test results;

 

3.20.i.  A parent or guardian of a minor; or

 

3.20.j.  An individual lawfully appointed in a similar or like relationship of responsibility for a consumer under the laws of this State, or another legal jurisdiction, within the limits of the applicable law.

 

3.21.  Licensed Health Care Professional.  –  A health care professional

appointed pursuant to the West Virginia Guardianship and Conservatorship Act, W. Va. Code §§44A-1-1 et seq., within the limits set by the order;

 

3.20.c.  An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code §44A-1-2(d);

 

3.20.d.  An individual having a medical power of attorney pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by law and the appointment;

 

3.20.e.  A representative payee under the U.S. Social Security Act, Title 42 US Code §301 et seq., within the limits of the payee’s legal authority;

 

3.20.f.  A health care surrogate appointed pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by the appointment;

 

3.20.g.  An individual having a durable power of attorney pursuant to W. Va. Code §39-4-1, or a power of attorney under common law, within the limits of the appointment;

 

3.20.h.  An individual identified pursuant to W. Va. Code §16-3C-4 to grant consent for HIV-related testing and for the authorization of the release of test results;

 

3.20.i.  A parent or guardian of a minor; or

 

3.20.j.  An individual lawfully appointed in a similar or like relationship of responsibility for a consumer under the laws of this State, or another legal jurisdiction, within the limits of the applicable law.

 

3.21.  Licensed Health Care Professional.  –  A health care professional currently licensed in West Virginia including, but not limited to, a social worker, dentist, practical nurse, occupational therapist, pharmacist, physical therapist, physician, physician assistant, psychologist, registered professional nurse, or speech-language pathologist.

 

3.22.  Life Care Contract.  –  A financial agreement between the licensee and an individual in which the licensee agrees to provide specified care to the individual for the rest of the individual’s life.

 

3.23.  Major Incident.  –  An event or occurrence, the outcome of which places one or more resident’s health and well-being in imminent danger, such as:

 

3.23.a.  A fall, an accident or another event that seriously injures or threatens the life of the resident;

 

3.23.b.  A resident’s death occurring from other than natural causes;

 

3.23.c.  A missing resident who is likely to injure himself or herself or who needs medication or treatment on a regular basis, and who is likely to have difficulty returning to the assisted living residence on his or her own;

 

3.23.d.  Assault on a resident resulting in injury; and

 

3.23.e.  Other suspected criminal activity or events that cause the disruption of normal assisted living residence activity, including threats or occurrences of extreme violence, explosions, fire or natural disasters.

 

3.24.  Mental Disorder.  –  An illness that affects the psychological well-being or behavior of an individual to the extent that the individual requires treatment for his or her own welfare or the welfare of others.

appointed pursuant to the West Virginia Guardianship and Conservatorship Act, W. Va. Code §§44A-1-1 et seq., within the limits set by the order;

 

3.20.c.  An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code §44A-1-2(d);

 

3.20.d.  An individual having a medical power of attorney pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by law and the appointment;

 

3.20.e.  A representative payee under the U.S. Social Security Act, Title 42 US Code §301 et seq., within the limits of the payee’s legal authority;

 

3.20.f.  A health care surrogate appointed pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by the appointment;

 

3.20.g.  An individual having a durable power of attorney pursuant to W. Va. Code §39-4-1, or a power of attorney under common law, within the limits of the appointment;

 

3.20.h.  An individual identified pursuant to W. Va. Code §16-3C-4 to grant consent for HIV-related testing and for the authorization of the release of test results;

 

3.20.i.  A parent or guardian of a minor; or

 

3.20.j.  An individual lawfully appointed in a similar or like relationship of responsibility for a consumer under the laws of this State, or another legal jurisdiction, within the limits of the applicable law.

 

3.21.  Licensed Health Care Professional.  –  A health care professional currently licensed in West Virginia including, but not limited to, a social worker, dentist, practical nurse, occupational therapist, pharmacist, physical therapist, physician, physician assistant, psychologist, registered professional nurse, or speech-language pathologist.

 

3.22.  Life Care Contract.  –  A financial agreement between the licensee and an individual in which the licensee agrees to provide specified care to the individual for the rest of the individual’s life.

 

3.23.  Major Incident.  –  An event or occurrence, the outcome of which places one or more resident’s health and well-being in imminent danger, such as:

 

3.23.a.  A fall, an accident or another event that seriously injures or threatens the life of the resident;

 

3.23.b.  A resident’s death occurring from other than natural causes;

 

3.23.c.  A missing resident who is likely to injure himself or herself or who needs medication or treatment on a regular basis, and who is likely to have difficulty returning to the assisted living residence on his or her own;

 

3.23.d.  Assault on a resident resulting in injury; and

 

3.23.e.  Other suspected criminal activity or events that cause the disruption of normal assisted living residence activity, including threats or occurrences of extreme violence, explosions, fire or natural disasters.

 

3.24.  Mental Disorder.  –  An illness that affects the psychological well-being or behavior of an individual to the extent that the individual requires treatment for his or her own welfare or the welfare of others.

 

3.25.  Neglect.  –  Failure to provide for the necessities of daily living or the lack of care.

 

3.26.  Ongoing Nursing Care.  –  Nursing care that continues in excess of ninety (90) days.

 

3.27.  Residence.  –  An assisted living residence as defined in Subsection 3.6. of this section.

 

3.28.  Resident.  –  An individual living in an assisted living residence for the purpose of receiving personal assistance, supervision, or limited and intermittent nursing services.

 

3.29.  Restraint.  –

 

3.29.a.  Any manual method or physical or mechanical device, material or equipment attached or adjacent to the resident’s body that the resident cannot remove at will and that physically limits, restricts, or deprives the resident of movement or mobility; or

 

3.29.b.  Any drug used to limit movement or mental capacity of a resident beyond the requirements of therapeutic treatment.

 

3.30.  Self-administration of Medications.  –  The act of a resident, who is independently capable of reading and understanding the labels of prescribed medication, in opening and accessing a prepackaged container of medication, accurately identifying and taking the correct dosage of the medication, at the correct time and under the correct circumstances as prescribed by the physician.

 

3.31.  Service Plan.  –  A written description of the services that need to be provided to a resident to meet all of the needs identified in his or her functional needs assessment.

appointed pursuant to the West Virginia Guardianship and Conservatorship Act, W. Va. Code §§44A-1-1 et seq., within the limits set by the order;

 

3.20.c.  An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code §44A-1-2(d);

 

3.20.d.  An individual having a medical power of attorney pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by law and the appointment;

 

3.20.e.  A representative payee under the U.S. Social Security Act, Title 42 US Code §301 et seq., within the limits of the payee’s legal authority;

 

3.20.f.  A health care surrogate appointed pursuant to the West Virginia Health Care Decisions Act, W. Va. Code §§16-30-1 et seq., within the limits set by the appointment;

 

3.20.g.  An individual having a durable power of attorney pursuant to W. Va. Code §39-4-1, or a power of attorney under common law, within the limits of the appointment;

 

3.20.h.  An individual identified pursuant to W. Va. Code §16-3C-4 to grant consent for HIV-related testing and for the authorization of the release of test results;

 

3.20.i.  A parent or guardian of a minor; or

 

3.20.j.  An individual lawfully appointed in a similar or like relationship of responsibility for a consumer under the laws of this State, or another legal jurisdiction, within the limits of the applicable law.

 

3.21.  Licensed Health Care Professional.  –  A health care professional currently licensed in West Virginia including, but not limited to, a social worker, dentist, practical nurse, occupational therapist, pharmacist, physical therapist, physician, physician assistant, psychologist, registered professional nurse, or speech-language pathologist.

 

3.22.  Life Care Contract.  –  A financial agreement between the licensee and an individual in which the licensee agrees to provide specified care to the individual for the rest of the individual’s life.

 

3.23.  Major Incident.  –  An event or occurrence, the outcome of which places one or more resident’s health and well-being in imminent danger, such as:

 

3.23.a.  A fall, an accident or another event that seriously injures or threatens the life of the resident;

 

3.23.b.  A resident’s death occurring from other than natural causes;

 

3.23.c.  A missing resident who is likely to injure himself or herself or who needs medication or treatment on a regular basis, and who is likely to have difficulty returning to the assisted living residence on his or her own;

 

3.23.d.  Assault on a resident resulting in injury; and

 

3.23.e.  Other suspected criminal activity or events that cause the disruption of normal assisted living residence activity, including threats or occurrences of extreme violence, explosions, fire or natural disasters.

 

3.24.  Mental Disorder.  –  An illness that affects the psychological well-being or behavior of an individual to the extent that the individual requires treatment for his or her own welfare or the welfare of others.

 

3.25.  Neglect.  –  Failure to provide for the necessities of daily living or the lack of care.

 

3.26.  Ongoing Nursing Care.  –  Nursing care that continues in excess of ninety (90) days.

 

3.27.  Residence.  –  An assisted living residence as defined in Subsection 3.6. of this section.

 

3.28.  Resident.  –  An individual living in an assisted living residence for the purpose of receiving personal assistance, supervision, or limited and intermittent nursing services.

 

3.29.  Restraint.  –

 

3.29.a.  Any manual method or physical or mechanical device, material or equipment attached or adjacent to the resident’s body that the resident cannot remove at will and that physically limits, restricts, or deprives the resident of movement or mobility; or

 

3.29.b.  Any drug used to limit movement or mental capacity of a resident beyond the requirements of therapeutic treatment.

 

3.30.  Self-administration of Medications.  –  The act of a resident, who is independently capable of reading and understanding the labels of prescribed medication, in opening and accessing a prepackaged container of medication, accurately identifying and taking the correct dosage of the medication, at the correct time and under the correct circumstances as prescribed by the physician.

 

3.31.  Service Plan.  –  A written description of the services that need to be provided to a resident to meet all of the needs identified in his or her functional needs assessment.

 

3.32.  Significant Change.  –  A change in a resident’s condition that is major, impacts on more than one area of the resident’s health status and requires intervention by a health care professional.

 

3.33.  Supervision.  –  The assumption of varying degrees of responsibility for the safety and well-being of residents including, but not limited to:

 

3.33.a.  Being aware of the resident’s whereabouts, to the extent identified as a need by the resident’s assessment or service plan;

 

3.33.b.  Monitoring the activities of a resident while on the premises of the residence to ensure the resident’s health, safety and well-being;

 

3.33.c.  Reminding the resident of any important activities of daily living;

 

3.33.d.  Overseeing the administration of medication if not administering it;

 

3.33.e.  Purchasing of food and other supplies, and meeting nutritional and food needs; and

 

3.33.f.  Arranging for or providing transportation as necessary

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