Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE
Chapter 6 - CHILDREN'S DAY HEALTH SERVICE
Section 175-6-002 - DEFINITIONS

002.01 ABUSE. Any knowing, intentional, or negligent act or omission on the part of a person which results in physical abuse, sexual abuse, verbal abuse, or mental abuse, unreasonable confinement, cruel punishment, exploitation, or denial of care, treatment or services to a consumer.

002.02 ADVANCE DIRECTIVES. Include living wills, durable powers of attorney, powers of attorney for health care, or other instructions recognized by state law that relate to the provision of medical care if the consumer becomes incapacitated.

002.03 BASIC THERAPEUTIC CARE. Basic health care procedures, including, but not limited to, measuring vital signs, applying hot and cold applications and non-sterile dressings, and assisting with, but not administering, internal and external medications which are normally self-administered. Basic therapeutic care does not include health care procedures which require the exercise of nursing or medical judgment.

002.04 CAREGIVER. A caregiver has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.

002.05 CHEMICAL RESTRAINT. A psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms.

002.06 CHILDREN'S DAY HEALTH AIDE. An individual who is employed directly or through contract by a children's day health service to provide one or more of the following services: personal care, assistance with the activities of daily living, or basic therapeutic care to children's day health service consumers.

002.07 CHILDREN'S DAY HEALTH AIDE SERVICES. The use of a trained, supervised paraprofessional to provide one or more of the following services: personal care, assistance with activities of daily living or basic therapeutic care to consumers of a children's day health service.

002.08 COMMUNITY-BASED. Serving consumers at a defined location outside of the consumer's home or a health care facility not licensed as a children's day health service.

002.09 DEVELOPMENTAL DISORDERS. A disorder that interrupts normal development in childhood.

002.10 DEVICE. An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a medical practitioner and dispensed by a pharmacist or other person authorized by law to do so.

002.11 DIRECT SUPERVISION. The responsible practitioner is physically present in the consumer care, treatment and service area and with the children's day health service consumer when the consumer is out of the children's day health service for transport or offsite activities.

002.12 EXPLOITATION. The taking of property of a consumer by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means.

002.13 FOOD CODE. The Nebraska Food Code as defined in Neb. Rev. Stat. § 81-2,244.01 and as published by the Nebraska Department of Agriculture, except for compliance and enforcement provisions is the food code.

002.14 FUNCTIONAL IMPAIRMENT. A serious limitation or limitations a consumer has which substantially interfere with or limit role functioning in major life activities, as determined through an assessment by a practitioner credentialed under the Uniform Credentialing Act whose scope of practice includes care and treatment applicable to the functional impairment.

002.15 INTRAVENOUS THERAPY. Initiating and monitoring therapy related to substances that are administered intravenously.

002.16 MEDICAL DEPENDENCE. A medically fragile individual who requires specialized care and treatment by a practitioner as prescribed by a physician.

002.17 MEDICAL SERVICES. Those services that address the health concerns and needs of consumers, including complex interventions, within the scope of practice of the licensed practitioner.

002.18 MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.

002.19 MENTAL HEALTH SERVICES. Mental health practice as defined in Neb. Rev. Stat. § 38-2115 and other activities, interventions, or directives designed to address behavioral needs outlined in the consumer-specific, written plan of care.

002.20 NEGLECT. Failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.

002.21 OVERNIGHT CARE. Care, treatment, or services provided for consumers between the hours of 9:00 p.m. and 6:00 a.m.

002.22 PARENT. A natural parent, adoptive parent, stepparent, guardian, or other legally responsible individual for an individual under 19 years of age.

002.23 PERSONAL CARE AIDE. An individual who is employed directly or through contract by a children's day health service to provide personal care, assistance with activities of daily living, or both to children's day health service consumers.

002.24 PERSONAL CARE AIDE SERVICES. The use of trained, supervised paraprofessional to provide personal care, assistance with activities of daily living, or both to consumers of a children's day health service. Personal care aide services do not include basic therapeutic care.

002.25 PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.

002.26 PHYSICAL RESTRAINT. Any manual method or physical or mechanical device, material, or equipment attached or adjacent to the consumer's body that the consumer cannot remove easily and that restricts freedom of movement or normal access to the consumer's own body.

002.27 PHYSICIAN. An individual with an active license as a physician under the Uniform Credentialing Act to practice medicine and surgery or osteopathic medicine and surgery.

002.28 PRESCRIBING PRACTITIONER. Any podiatrist, dentist, physician, osteopathic physician, advanced practice registered nurse, or physician assistant licensed to prescribe, diagnose, and treat as provided in the Uniform Credentialing Act.

002.29 SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.

002.30 SKILLED NURSING CARE. Skilled nursing services that:

002.31 SKILLED NURSING CARE SERVICES. See skilled nursing care.

002.32 SOCIAL SERVICES. Those activities that assist the consumer in carrying out their therapeutic activities as outlined in their service agreement.

002.33 SPECIALIZED CARE AND TREATMENT. Care and treatment provided at a level requiring a practitioner or under the direction of a practitioner for one or more of the following services: skilled nursing care, speech-language pathology, occupational therapy, physical therapy, or mental health.

002.34 STAFF. An individual who is a direct or contracted employee of the children's day health service.

002.35 SUMMARY REPORT. A written compilation of the pertinent facts from the clinical notes and progress notes regarding a consumer's care, treatment, and services provided by the children's day health service.

002.36 SUPERVISING PRACTITIONER. A person who supervises a mental health service. Such person may be a psychiatrist, psychologist, or Licensed Independent Mental Health Practitioner (LIMHP) licensed under the Uniform Credentialing Act.

002.37 SUPERVISION. The daily observation and monitoring of the consumer by direct care staff and oversight of staff by the administrator or administrator's designee.

002.38 SUPPORT SERVICES. Services which support personal care, provision of medications, activities of daily living, and health maintenance activities.

002.39 THERAPEUTIC ACTIVITIES. Professionally directed set of actions designed to improve, maintain or lessen the decline of physical, cognitive, or social functioning.

002.40 VERBAL ABUSE. The use of oral, written, or gestured language including disparaging or derogatory terms to consumers or within hearing distance of the consumer or within the consumer's sight.

002.41 VOLUNTEER. An individual who is not a direct or contracted employee of the children's day health service.