Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-5-10 - NURSING FACILITIES
Section 420-5-10-.01 - Definitions
Universal Citation: AL Admin Code R 420-5-10-.01
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Definitions - (a list of selected terms often used in connection with these rules):
(a) "AAC Rule" - Alabama
Administrative Code Rule.
(b)
"These Rules" - Rules
420-5-10-.01 through
420-5-10-.11, Chapter 420-5-10,
Nursing Facilities, Alabama Administrative Code.
(c) "Accredited Medical Record Technician
(ART)" - A person trained in record maintenance and preservation, and
accredited by the American Health Information Management Association.
(d) "Administrator" - A person who holds a
valid Alabama Nursing Home Administrator's license who is delegated the
responsibility and authority for the interpretation, implementation, and proper
application of policies and programs established by the governing authority.
The Administrator is delegated responsibility for the establishment of safe and
effective administrative management, control and operation of the services
provided.
(e) "Advisory Board" -
See Section
22-21-27 of Appendix A.
(f) "Applicant" - The person, partnership,
corporation, association, city, county, or other organization legally
responsible for operation of the facility.
(g) "Assisted Living Facility" - A facility
as defined in the Rules of Alabama State Board of Health, Division of Licensure
and Certification, Chapter 420-5-4.
(h) "Board or State Board of Health" - The
Alabama State Board of Health.
(i)
"Combination Facility" - A facility which provides more than one level of care
and is licensed under one license, e.g., general hospital and skilled nursing
facility, skilled nursing facility and assisted living facility.
(j) "Communicable" - Conditions that are
capable of being transmitted from one person to another. For reporting
purposes, nursing facilities shall refer to the Notifiable Disease Case Report,
Alabama Department of Public Health, Form ADPH-EPI-22/Rev. 1-88 (exception
AIDS).
(k) "Dentist" - A person
currently licensed to practice dentistry in Alabama under the provisions of
current state statutes.
(l)
"Director of Food Services/Dietary Manager" - A who is a full-time employee,
and if not a qualified dietitian, is one who:
(1) is a graduate of a dietary manager's
training program, approved by the Dietary Manager's Association, or
(2) is a graduate of a dietetic technician
program approved by the American Dietetic Association, or
(3) is a graduate from a college or
university who has received a B.S. degree in the field of dietetics, food and
nutrition or food service management which included course work in diet therapy
and quantity food production.
(m) "Duly Licensed and/or Registered" - The
person to whom the term is applied is duly licensed and/or registered by the
proper authority to follow his or her profession within the State of Alabama,
and when applied to an institution, shall mean that the institution is duly
licensed by the State Board of Health.
(n) "Governing Authority" - Owner(s),
hospital association, county hospital board, board of directors, board of
trustees, or any other comparable designation of an individual or group of
individuals who have the purpose of owning, acquiring, constructing, equipping,
operating, and/or maintaining a nursing facility and exercising control over
the affairs of said nursing facility.
(o) "Hospital" - A facility as defined in the
Rules of Alabama State Board of Health, Division of Licensure and
Certification, Chapter 420-5-7.
(p)
"Independent Clinical Laboratory" - A facility as defined in the Rules of
Alabama State Board of Health, Division of Licensure and Certification, Chapter
420-5-8.
(q) "License" - The
document issued by the State Board of Health and signed by the State Health
Officer. The license shall constitute the authority to receive residents and
perform the services included within the scope of the applicable rules. The
license shall be posted in a conspicuous place on the premises.
(r) "Licensed Practical Nurse" - A person
currently licensed in the State of Alabama in accordance with the Code
of Alabama.
(s) "Licensee"
- The individual owner, partnership, corporation, association, city, county or
other organization to whom the license is issued and upon whom rests the
responsibility for compliance with these rules.
(t) "Long Term Care" - Prolonged care of
residents in licensed institutions and/or organized departments within a
licensed institution where the average length of resident stay is 25 days or
longer.
(u) "May" indicates
permission.
(v) "Medical Laboratory
Technician" - A person who meets at least one of the following requirements:
(i) Successful completion of two years of
academic study (a minimum of 60 semester hours or equivalent) in an accredited
college or university with an associate degree in Medical Technology, or four
years of academic study with a bachelor degree in Medical Technology;
or
(ii) Graduation from high school
and, subsequent to graduation, has had two years of documented experience as a
technician trainee in a clinical laboratory of a hospital, a health department,
a university, or a medical research institution or in a clinical laboratory
providing equivalent training accepted by the State Board of Health as defined
under "Independent Clinical Laboratory" (420-5-10-.01(1)(p);
or
(iii) Graduation from high
school and successful completion of an official military laboratory procedures
course of at least twelve calendar months of study and has had at least one
year of experience as a technician trainee in a clinical laboratory of a
hospital, a health department, a university, or a medical research institution
or in a clinical laboratory providing equivalent training accepted by the State
Board of Health.
(iv) Achieve a
satisfactory grade on a proficiency examination for technologists approved by
the United States Secretary of Health and Human Services.
(w) "Medical Staff" - Licensed physicians,
osteopaths and dentists who are privileged by agreement with the licensee to
attend to residents within the institution.
(x) "Medication" - All substances having
medicinal properties intended for external and/or internal use for the
treatment, prevention, diagnosing or curing of any disease, illness, malady,
etc., in humans. The term "medication" as defined in the Pharmacological Basis
of Therapeutics and shall encompass all other synonymous terms such as drugs,
biologicals, chemicals, potions, remedies, or poisons.
(y) "Medicine or Drug Room" - A specific
area, not subject to licensure by the Alabama State Board of Pharmacy, in a
licensed nursing facility, used for the purpose of storing and/or preparing
medications for administration and equipment necessary to administer
medications to the residents of that facility.
(z) "Nurse Aide" - Any individual providing
nursing related services to residents in a facility who is not a licensed
health professional, a registered dietitian, or someone who volunteers to
provide such services without pay.
(aa) "Nursing Facility" - A business entity
that is engaged in providing housing, meals and care to sick or disabled
individuals who require, on a daily basis or more frequently, medical care,
nursing care, or rehabilitation services. This definition shall not include any
business, operation, or facility that is exempt from licensure pursuant to
Alabama law, nor shall it include any business, operation, or facility that is
(1) licensed by the Alabama State Board of Health as another kind of facility,
and (2) functioning within the scope of applicable law and administrative
rules.
(bb) "Owner" - The person,
partnership, corporation, association, city, county, or other entity who
through asset ownership, lease or sublease is entitled to responsibility for
and control of operation of the facility.
(cc) "Resident Activities Consultant" - A
person who:
(i) Is registered or meets
requirements for registration as a professional level Therapeutic Recreation
Specialist by the National Recreation and Park Association; or
(ii) Is a qualified occupational therapist or
occupational therapy assistant; or
(iii) Has two years of experience in a social
or recreations program within the past five years, one year of which was full
time in a resident activities program in a health care setting.
(dd) "Resident Activities
Coordinator" - A person who is registered or meets the requirements for a
resident activities consultant or a person who serves under the supervision of
a qualified resident activities consultant or has the equivalent of two years
of full-time experience, under the supervision of a qualified resident
activities consultant.
(ee)
"Pharmacist" - A person currently licensed to practice pharmacy in Alabama
under the provisions contained in current state statutes and rules of the
Alabama State Board of Pharmacy.
(ff) "Pharmacist Consultant" - A person
currently licensed and registered by the Alabama State Board of Pharmacy to
provide consultative services as defined by current state statutes and rules of
the Alabama State Board of Pharmacy.
(gg) "Pharmacy" - A place licensed by the
Alabama State Board of Pharmacy in which prescriptions, drugs, medicines,
chemicals, and poisons are sold, offered for sale, compounded or dispensed, and
shall include all places whose title may imply the sale, offering for sale,
compounding or dispensing of prescription drugs, medicines, chemicals, or
poisons or the storage of such items.
(hh) "Physician" - A person currently
licensed to practice medicine and/or surgery in Alabama under the provisions
contained in current state statutes.
(ii) "Qualified Dietetic Consultant" - A
person who is eligible for registration by the Commission on Dietetic
Registration (CDR), has at least one year of full-time experience in the
dietetic service of a health care institution in a supervisory capacity, or has
satisfactorily completed the test for registration administered by CDR and
meets the annual requirements in continuing education required by
CDR.
(jj) "Qualified Dietitian" - A
person currently licensed in the State of Alabama in accordance with the
provisions contained in current state statutes as governed by the Alabama Board
of Examiners for Dietetic/Nutrition Practice.
(kk) "Registered Nurse" - A person registered
and currently licensed in the State of Alabama in accordance with the
provisions contained in current state statutes.
(ll) "Registered Records Administrator (RRA)"
- A person skilled in record maintenance and preservation, and who is
registered by the American Medical Record Association.
(mm) "Rehabilitation" - An organized or
well-defined program of therapeutics designed to help residents overcome
physical, social, vocational or economic limitations as a result of a
disability. Rehabilitation includes helping residents to reach the highest
functional level of physical, psychological and socio-economic adjustment
compatible with their disability.
(nn) "Resident" - A person admitted to a
nursing facility by and upon the order of a physician.
(oo) "Shall" indicates mandatory
requirements.
(pp) "Skilled Nursing
Facility" - A facility providing skilled nursing and other related services
which meets the Alabama State Board of Health's Rules for Nursing
Facilities.
(qq) "Social Service
Consultant" - An individual who meets the requirements of and is certified by
the State of Alabama Board of Social Work Examiners.
(rr) "Social Service Designee" - A person
employed by a facility with less than 120 beds on a full-time basis to meet the
Social Service needs of residents. These persons must have a minimum of a
G.E.D. or High School Diploma and have experience in dealing with the
public.
(ss) "Social Worker" - A
person who has either a Baccalaureate of Social Work or Masters of Social Work
degree and is licensed in accordance with the Code of
Alabama.
(tt) "Therapist"
- A professionally trained and/or duly licensed and/or registered person, when
required by state statutes, (such as physical therapist, occupational
therapist, speech therapist, respiratory therapist, audiologist, etc.) who is
skilled in the application of treatment techniques and procedures to residents
under the general direction of a physician.
(uu) "Training and Abuse Registry"
(i) Abuse or Neglect or Misappropriation of
Resident Property. The Department of Public Health shall establish and maintain
such registry. The registry shall provide for the inclusion of specific
documented findings by the Alabama Department of Public Health of resident
neglect or abuse or misappropriation of resident property by any individual
used by a nursing facility, as well as any brief statement of the individual
disputing the findings. In the case of inquiries to the registry concerning an
individual listed in the registry, any information disclosed concerning such a
finding shall also include disclosure of any such statement in the registry
relating to the finding or a clear and accurate summary of such a statement.
Individuals must be notified in writing prior to the inclusion of findings in
the registry and allowed the opportunity for a hearing in the event the
individual disputes the findings.
(ii) Nurse Aide Training. The names and
addresses of all nurse aides who attended an approved training program and who
have successfully passed the approved competency evaluation will be included on
the registry. The only exception of the requirement for attendance at an
approved training program is those nurses' aides who are hired by a nursing
facility prior to July 1, 1989, and who successfully pass the approved
competency evaluation prior to January 1, 1990.
(vv) "Health Care Professional" - A
physician, physician assistant, nurse practitioner, physical, speech or
occupational therapist; physical or occupational therapy assistant; registered
professional nurse; licensed practical nurse; licensed or certified social
worker, or dietitian.
(ww) "Special
Focus Facility" (SFF) - A federally certified nursing facility that has been
identified as one with a noteworthy history of poor performance and is
involuntarily enrolled in a special program with increased oversight and
enhanced enforcement activity designed to stimulate improvements in quality of
care and quality of life. Once selected as an SFF, the Alabama Department of
Public Health conducts twice the number of standard surveys and applies
progressive enforcement until the nursing home either (a) graduates from the
SFF program or (b) their provider agreement with Medicare/Medicaid is
terminated.
Authors: Rick Harris, Walter T. Geary, J., M.D.
Statutory Authority: Code of Ala. 1975, §§ 22-21-20, et seq.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.