Iowa Administrative Code
Agency 481 - INSPECTIONS AND APPEALS
INSPECTIONS DIVISION
Chapter 67 - GENERAL PROVISIONS FOR ELDER GROUP HOMES, ASSISTED LIVING PROGRAMS, AND ADULT DAY SERVICES
Rule 481-67.1 - Definitions
The following definitions apply to this chapter and to 481-Chapters 68, 69, and 70.
"Activities of daily living " means the following self-care tasks: bathing, dressing, grooming, eating, transferring, toileting, and ambulation.
"Ambulatory" or"ambulation" means physically and cognitively able to walk without aid of another person.
"Applicable requirements" means Iowa Code chapters 135C, 231B, 231C, 231D, 235B, 235E, and 562A, this chapter, and 481-Chapters 68, 69, and 70, as applicable, and includes any other applicable administrative rules and provisions of the Iowa Code.
"Assignment" means the distribution of work for which each staff member, regardless of certification or licensure status, is responsible during a given work period and includes a nurse directing an individual to do something the individual is already authorized to do.
"Assistance " means aid to a tenant who self-directs or participates in a task or activity or who retains the mental or physical ability, or both, to participate in a task or activity. Cueing of the tenant regarding a particular task or activity shall be construed to mean the tenant has participated in the task or activity.
"Blueprint" means copies of all completed drawings, schedules, and specifications that have been certified, sealed, and signed by an Iowa-licensed architect or Iowa-licensed engineer of record. The department may allow electronic transfer of blueprints pursuant to policy.
"Certified staff" means certified nursing assistants (CNAs) and certified medication assistants (CMAs) employed by the program.
"Dementia " means an illness characterized by multiple cognitive deficits which represent a decline from previous levels of functioning and includes memory impairment and one or more of the following cognitive disturbances: aphasia, apraxia, agnosia, and disturbance in executive functioning.
"Department" means the department of inspections and appeals.
"Director" means the director of the department of inspections and appeals.
"Direct supervision " means the provision of guidance and oversight of a delegated nursing task through the physical presence of the licensed nurse to observe and direct certified and noncertified staff.
"Elope " means that a tenant who has impaired decision-making ability leaves the program without the knowledge or authorization of staff.
"Global Deterioration Scale" or"GDS" means the seven-stage scale for assessment of primary degenerative dementia developed by Dr. Barry Reisberg.
"Health care professional" means a physician, physician assistant, registered nurse or advanced registered nurse practitioner licensed in Iowa by the respective licensing board.
"Health-related care " means services provided by a registered nurse or a licensed practical nurse, on a part-time or intermittent basis, and services provided by other licensed health care professionals, on a part-time or intermittent basis. "Health-related care" includes nurse-delegated assistance.
"Human service professional" means an individual with a bachelor's degree in a human service field including, but not limited to: human services, gerontology, social work, sociology, psychology, or family science. Two years of experience in a human service field may be substituted for up to two years of the required education. For example, an individual with an associate's degree in a human service field and two years of experience in a human service field is a human service professional.
"Impaired decision-making ability" means a lack of capacity to make safe and prudent decisions regarding one's own routine safety as determined by the program manager or nurse or means having a GDS score of five or above.
"Independent reviewer" means an attorney licensed in the state of Iowa who is not currently and has not been employed by the department in the past eight years, or has not appeared in front of the department on behalf of a health care facility in the past eight years. Preference shall be given to an attorney with background knowledge, experience or training in long-term care.
"Indirect supervision " means the provision of guidance and oversight of a delegated nursing task through means other than direct supervision, including written and verbal communication.
"Instrumental activities of daily living" means those activities that reflect the tenant's ability to perform household and other tasks necessary to meet the tenant's needs within the community, which may include but are not limited to shopping, housekeeping, chores, and traveling within the community.
"Medication setup " means assistance with various steps of medication administration to support a tenant's autonomy, which may include but is not limited to routine prompting, cueing and reminding, opening containers or packaging at the direction of the tenant, reading instructions or other label information, or transferring medications from the original containers into suitable medication dispensing containers, reminder containers, or medication cups.
"Modification " means any addition to or change in physical dimensions or structure, except as incidental to the customary maintenance of the physical structure of the program's facility.
"Monitoring" means an on-site evaluation of a program, a complaint investigation, or a program-reported incident investigation performed by the department to determine compliance with applicable requirements. A monitor who performs a monitoring for the department shall be a registered nurse, human service professional, or another person with program-related expertise.
"Noncertified staff" means unlicensed and uncertified personnel employed by the program.
"Nurse delegation " means the action of a registered nurse, advanced registered nurse practitioner, or licensed practical nurse to direct competent certified and noncertified staff to perform selected nursing tasks in selected situations. The decision of a nurse to delegate is based on the delegation process, including assessment, planning, implementation, supervision, and evaluation of the tenant, nursing tasks, personnel, and the situation. The nurse, as a licensed professional, retains accountability for the delegation process and the decision to delegate. Licensed practical nurses may delegate within the scope of their license with the supervision of a registered nurse.
"Occupancy agreement" or"contractual agreement" means a written contract entered into between a program and a tenant that clearly describes the rights and responsibilities of the program and the tenant and other information required by applicable requirements. An occupancy agreement may include a separate signed lease and signed service agreement.
"Part-time or intermittent care " means licensed nursing services and professional therapies that are provided in combination with nurse-delegated assistance with medications or activities of daily living and do not exceed 28 hours per week or, for adult day services, 4 hours per day.
"Personal care " means assistance with the essential activities of daily living which may include but are not limited to transferring, bathing, personal hygiene, dressing, and grooming that are essential to the health and welfare of a tenant.
"Physician extender" means nurse practitioners, clinical nurse specialists, and physician assistants.
"Preponderance of the evidence" means that the evidence, considered and compared with the evidence opposed to it, produces the belief in a reasonable mind that the allegations are more likely true than not true.
"Program " means one or more of the following, as applicable: an elder group home as defined in Iowa Code section 231B.1 and 481-Chapter 68, an assisted living program as defined in Iowa Code section 231C.1 and 481-Chapter 69, or adult day services as defined in Iowa Code section 231D.1 and 481-Chapter 70.
"Program staff" means all employees of the program, regardless of certification or licensure status.
"Qualified professional" means a facility plant engineer familiar with the type of program being provided, or a licensed plumbing, heating, cooling, or electrical contractor who furnishes regular service to such equipment.
"Recognized accrediting entity" means a nationally recognized accrediting entity that the department recognizes as having specific program standards equivalent to the program standards established by the department.
"Regulatory insufficiency" means a violation of an applicable requirement.
"Remodeling" means a modification of any part of an existing building, an addition of a new wing or floor to an existing building, or a conversion of an existing building.
"Restraints " means any chemical or manual method which restricts freedom of movement or normal access to one's body or any physical or mechanical device, material or equipment which is attached or adjacent to the tenant's body that the tenant cannot remove easily and which restricts freedom of movement or normal access to one's body.
"Routine " means more often than not or on a regular customary basis.
"Self-administration " means a tenant's taking personal responsibility for all phases of medication except for any component assigned to the program under medication setup, and may include the tenant's use of an automatic pill dispenser.
"Service plan" means the document that defines all services necessary to meet the needs and preferences of a tenant, whether or not the services are provided by the program or other service providers.
"Significant change" means a major decline or improvement in the tenant's status which does not normally resolve itself without further interventions by staff or by implementing standard disease-related clinical interventions that have an impact on the tenant's mental, physical, or functional health status.
"Substantial compliance " means a level of compliance with applicable requirements such that any identified regulatory insufficiency poses no greater risk to tenant health or safety than the potential for causing minimal harm.
"Tenant" means an individual who receives services through a program. In the context of adult day services, "tenant" means a participant as defined in 481-Chapter 70.
"Tenant advocate " means the office of long-term care resident's advocate established in Iowa Code section 231.42.
"Tenant's legal representative " means a person appointed by the court to act on behalf of a tenant or a person acting pursuant to a power of attorney. In the context of adult day services, "tenant's legal representative" means a participant's legal representative as defined in 481-Chapter 70.
"Waiver" means action taken by the department that suspends in whole or in part the requirements or provisions of a rule.
