Subchapter 2 DEFINITIONS
Rule 48.2.1 Ambulation. The terms “ambulation” or “ambulatory” shall mean the resident’s
ability to bear weight, pivot, and safely walk independently or with the use of a
cane, walker, or another mechanical supportive device (i.e., including, but not
limited to, a wheelchair). A resident who requires a wheelchair must be capable
of transferring to and propelling the wheelchair independently or with prompting.
Rule 48.2.2 Assisted Living. The term “assisted living” shall mean the provision of personal
care and the addition of supplemental services to include, but not be limited to,
the provision of medical services (i.e., medication procedures and medication
administration), and emergency response services.
Rule 48.2.3 Criminal History Record Checks.
1. Affidavit. For the purpose of fingerprinting and criminal background history
checks, the term “affidavit” means the use of the Mississippi State Department of
Health (MSDH) Form #210, or a copy thereof, which shall be placed in the
individual’s personal file.
2. Employee. For the purpose of fingerprinting and criminal background history
checks, the employee shall mean any individual employed by a licensed entity. The
term “employee”, also includes any individual who by contract with the facility
provides patient care in a patient’s, resident’s, or client’s room or in treatment
rooms.
a. The term employee does not include healthcare professional/technical students,
as defined in Section 37-29-232 of the Miss. Code of 1972, performing clinical
training in a licensed entity under contracts between their schools and the
a licensed entity, and does not include students at high schools who observe the
treatment and care of patients in a licensed entity as part of the requirements of
an allied health course taught in the school if:
i. The student is under the supervision of a licensed healthcare provider; and
ii. The student has signed the affidavit that is on file at the student’s school
stating that he or she has been convicted of or plead guilty or nolo
a contender to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, any sexual offenses
listed in section 45-33-23 (g) of the Miss. Code of 1972, child abuse,
arson, grand larceny, burglary, the gratification of lust, aggravated assault, or
felonious abuse and/or battery of a vulnerable adult, or that any such
conviction or plea was reversed on appeal or a pardon was granted for the
conviction or plea.
iii. Further, applicants and employees of the University of Mississippi
Medical Center for whom criminal history record checks and
fingerprinting are obtained in accordance with Section 37-115-41 of the
Miss. Code of 1972 are exempt from the application of the term employee
under Section 43-11-13 of the Miss. Code of 1972.3. Covered Entity. For the purpose
of criminal history record checks, “covered
entity” means a licensed entity or a healthcare professional staffing agency.
4. Licensed Entity. For the purpose of criminal history record checks, the term
“licensed entity” means a hospital, nursing home, personal care home, home
health agency or hospice.
5. Health Care Professional/Vocational Technical Academic Program. For the
purpose of criminal history record checks, “health care professional/vocational
technical academic program” means an academic program in medicine, nursing,
dentistry, occupational therapy, physical therapy, social services, speech therapy,
or another allied health professional whose purpose is to prepare professionals to
render patient care services.
6. Health Care Professional/Vocational Technical Student. For purposes of
criminal history record checks, the term means a student enrolled in a healthcare
professional/vocational technical academic program.
7. Direct Patient Care or Services. For the purposes of fingerprinting and criminal
background history checks, the term “direct patient care” means direct hands-on
medical patient care and services provided by an individual in a patient, resident
or client’s room, treatment room or recovery room. Individuals providing direct
patient care may be directly employed by the facility or employed on a
contractual basis.
8. Documented Disciplinary Action. For the purpose of fingerprinting and
criminal background history checks, the term “documented disciplinary action”
means any action taken against an employee for abuse or neglect of a patient.
Rule 48.2.4 Facility. The term “facility” shall mean any home or institution that (1) has
sought or is currently seeking designation as a “licensed facility” under the terms
of these regulations; or (2) is operating a home or institution unlawfully which,
by its nature and operational intent, is required to be a licensed facility under the
terms of these regulations.
Rule 48.2.5 Immediate Jeopardy (Serious and Immediate to Health and Safety). A situation
in which the licensed facility’s failure to meet one or more regulatory
requirements have caused or are likely to cause, serious injury, harm, impairment,
or death to a resident.
Rule 48.2.6 IGRA(s) (Interferon-Gamma Release Assay(s). A whole blood test used in to
assist in diagnosing Mycobacterium Tuberculosis infection. The IGRA blood
test used must be approved by the U.S. Food and Drug Administration (FDA).
Rule 48.2.7 Licensing Agency. The term “licensing agency” shall mean the Mississippi State
Department of Health.
Rule 48.2.8 Licensed Facility. The term “licensed facility” shall mean any personal care
home for residential living which has been issued a license for operation by the
licensing agency.
Rule 48.2.9 Mantoux Test. A method of skin testing that is performed by injecting one-tenth
(0.1) a milliliter of purified protein derivative-tuberculin containing five (5)
tuberculin units into the dermis (i.e., the second layer of skin) of the forearm with
a needle and syringe. The area is examined between forty-eight (48) and seventy-two (72) hours after the injection.
A reaction is measured according to the size ofthe induration. The classification of a reaction as positive or negative
depends the patient’s medical history and various risk factors (see definition for a significant
tuberculin skin test. This test is used to evaluate the likelihood that a person is
infected with M. tuberculosis. The Mantoux (TST) test should be administered
only by persons certified in the intradermal technique.
Rule 48.2.10 Medication Assistance. For the purposes of these regulations, the term
“medication assistance” is any form of delivering medication that has been
prescribed which is not defined as “medication administration” including, but not
limited to, the physical act of handing an oral prescription medication to the
the patient along with liquids to assist the patient in swallowing.
Rule 48.2.11 Personal Care. The term “personal care” shall mean the assistance rendered by
personnel of the licensed facility to residents in performing one or more of the
activities of daily living, including but not limited to bathing, walking, excretory
functions, feeding, personal grooming, and dressing.
Rule 48.2.12 Significant Tuberculin Skin Test. An induration of five (5) millimeters or
greater is significant (or positive) in the following:
1. Persons known to have or suspected of having human immunodeficiency virus
(HIV).
2. Close contacts with a person with infectious tuberculosis.
3. Persons who have a chest radiograph suggestive of previous tuberculosis.
4. Persons who inject drugs (if HIV status is unknown).
5. An induration of ten (10) millimeters or greater is significant (or positive) in all
other persons tested in Mississippi. A tuberculin skin test is recorded in
millimeters of induration. For accurate results, measure the widest diameter of
the palpable induration transverse (across) the arm.
Rule 48.2.13 Residential Living. The term “residential living” shall mean the provision of
services to individuals who require personal care services or individuals, who due
to functional impairments, may require mental health services.
Rule 48.2.14 Surveyor. The term “surveyor” shall mean an individual employed or hired on a
contractual basis, by the licensing agency for the purpose of conducting surveys,
inspections, investigations, or other related functions as part of the licensing
agency’s responsibilities for licensure and regulation of institutions for the aged
and infirm.
Rule 48.2.15 Two-step Testing. A procedure used for the baseline testing of a person who will
periodically receive tuberculin skin tests (e.g., health care workers) to reduce the
likelihood of mistaking a boosted reaction for a new infection. If the initial
tuberculin-test result is classified as negative, a second test is repeated one (1) to
three (3) weeks later. If the reaction to the second test is positive, it probably
represents a boosted reaction. If the second test is also negative, the person is
classified as not infected. A positive reaction to a subsequent test would indicate
a new infection (i.e., a skin-test conversion) in the person.