Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Section 11-99-51 - Definitions
As used in this subchapter:
"Active treatment program" means a written plan of care for each resident that sets forth measurable goals stated in behavioral terms and that prescribes an integrated program of appropriate activities and therapies to attain these goals. The overall purpose of the plan is to help the residents function at their highest levels.
"Controlled drugs" includes drugs listed as being subject to high incidence of abuse as defined in chapter 32 9, HRS.
"Department" means the department of health, State of Hawaii.
"Dentist" means any person holding a valid license to practice dentistry in the State of Hawaii, pursuant to Chapter 448, HRS.
"Dietetic service supervisor" is a person who:
(1) Is a qualified dietitian; or
(2) Is a graduate of a dietetic technician or dietetic assistant training program, approved by the American Dietetic Association; or
(3) Is a graduate of a state approved course that provided ninety or more hours of classroom instruction in food service supervision and has experience as a supervisor in a health care institution with consultation from a dietitian; or
(4) Has training and experience in food service supervision and management equivalent in content to the program in (2) and (3) above.
"Dietitian" means a person who:
(1) Is registered by the Commission on Dietetic Registration; or
(2) Is eligible for such registration.
"Director" means the director of the department of health, State of Hawaii, or a duly authorized agent.
"Drug administration" means the act in which a single dose of a prescribed drug or biological substance is given to a resident by an authorized person in accordance with all existing laws and rules governing those acts. The entire act of administration entails removing an individual dose from a previously dispensed properly labeled container (unit dose included), verifying the dosage with the physician's orders, giving the specified dose to the proper resident and promptly recording the time and dose given to the resident and signing the record. Only licensed personnel may administer medications.
"Drug dispensing" means the act which involves the interpretation of the physician's order and, pursuant to that order, the proper selection, measuring, packaging, labeling and issuance of the drug or biological for a resident or a specified unit of the facility.
"Governing body" means the policy making authority, whether an individual or a group, who exercises general direction over the affairs of a facility and establishes policies concerning its operation and the welfare of the individuals it serves.
"Facility staff" means those personnel whose primary responsibility is the care and development of residents within the facility.
"Large intermediate care facility for the mentally retarded" means an identifiable unit providing residence and care for more than fifteen mentally retarded individuals. Its primary purpose is the provision of health, social, and rehabilitative services to the mentally retarded through an individually designed active treatment program for each resident.
"License" means a license issued by the department certifying the compliance with all existing Hawaii state laws and rules relative to the operation of a skilled nursing or intermediate care facility.
"Licensed practical nurse" means a nurse licensed as such by the State of Hawaii, as defined by Chapter 457, HRS.
"Occupational therapist" means a person currently registered or eligible for registration by the American Occupational Therapy Association.
"Pharmacist" means a person who is licensed as a "registered pharmacist" by the State of Hawaii, as defined by Chapter 461, HRS.
"Physical therapist" means a person who has a permit to practice as a physical therapist in the State of Hawaii.
"Physician" means a person holding a valid license to practice medicine and surgery or osteopathy issued by the State of Hawaii, pursuant to Chapter 453 or 460, HRS.
"Provisional license" means a license issued for a specified period of time at the discretion of the director in order to allow additional time for compliance of all license requirements. No more than two successive provisional licenses shall be issued to a facility.
"Psychologist" means a person holding a master's or Ph.D. degree in psychology from an accredited institution who has completed a one year internship in clinical psychology under a certified psychologist and is licensed or employed by the State of Hawaii, pursuant to Chapter 465, HRS.
"Qualified mental retardation professional" means a person with experience or training in mental retardation and is one of the following: physician, psychologist, social worker, physical therapist, occupational therapist, therapeutic recreation specialist, speech pathologist, rehabilitation counselor, or registered nurse as defined in this chapter.
"Registered professional nurse" means a person who is licensed as a registered nurse in the State of Hawaii, pursuant to Chapter 457, HRS.
"Rehabilitation counselor" means a person who is certified by the Committee on Rehabilitation Counselor Certification.
"Social worker" means a person who has a master's degree from a school of social work accredited by the Council on Social Work Education or has a bachelor's degree from an accredited school of social work, plus two years experience in a hospital, skilled nursing or intermediate care facility, or some other health care agency or facility.
"Speech pathologist, therapist, or audiologist" means a person who is licensed by the state pursuant to Chapter 4 68, HRS, and:
(1) Eligible for a certificate of clinical competence in the appropriate area of speech therapy, pathology, or audiology, granted by the American Speech and Hearing Association; or
(2) Meets the educational requirements for certification and is in the process of accumulating the supervised experience required for examination for certification.
"Therapeutic recreation specialist" means a person who is a graduate of a program approved by the department.
"Tuberculin skin test" means an intradermal injection of .0001 mg (5 tuberculin units) of purified protein derivative in 0.1 cc of sterile diluent. If the size of any resulting palpable induration at forty-eight hours to seventy-two hours after injection is equal to or greater than 10 mm in its transverse diameter, the reaction to the skin test shall be considered significant.
"Waiver" means an exemption from a specific rule for a duration not longer than one year which may be permitted a facility, for a specified period of time, at the discretion of the director.
The meanings of all adjectives and adverbs such as "proper", "convenient", "good", "minimum", "thorough", "sufficient", "satisfactory", "adequate", "suitable", clearly used to qualify a person, equipment, service, or building being difficult or impossible to define shall be determined by the director or a duly authorized agent. Whenever the singular is used in this subchapter it can include the plural.
