Pennsylvania Code
Title 55 - HUMAN SERVICES
Part VIII - Intellectual Disability and Autism Manual
Subpart A - Statements of Policy
Chapter 6000 - STATEMENTS OF POLICY
Subchapter R - PROCEDURES FOR SURROGATE HEALTH CARE DECISION MAKING
GENERAL PROVISIONS
Section 6000.1003 - Definitions
Current through Register Vol. 54, No. 44, November 2, 2024
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
Act 169-Act 2006-169, which added 20 Pa.C.S. Chapter 54 (relating to health care).
Act 28 facility-A nursing home, personal care home, domiciliary care home, community residential facility, State-operated intermediate care facility for the mentally retarded, privately operated intermediate care facility for the mentally retarded, adult daily living center, home health agency or home health service provider whether licensed or not. See 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).
Advance health care directive-The term as defined in 20 Pa.C.S. § 5422 (relating to definitions). An advance health care directive is a signed and witnessed document which directs health care in the event that the individual (the principal) is incompetent and has an end-stage medical condition or is permanently unconscious. It also may designate a person to carry out the individual's wishes regarding health care at the end of life.
CPR-Cardiopulmonary Resuscitation-The term as defined in 20 Pa.C.S. § 422.
Competent-The term as defined in 20 Pa.C.S. § 5422. Under Act 169, the attending physician determines competency.
DNR Order-Do not resuscitate order-An order in the individual's medical record that CPR should not be provided to the individual.
End stage medical condition-The term as defined in 20 Pa.C.S. § 5422.
Facility director-
(i) For those facilities that are MR facilities as defined in the MH/MR Act, the facility director is the administrative head of a facility.
(ii) In facilities licensed under Chapter 6400 (relating to community homes for individuals with mental retardation), the term means the chief executive officer under § 6400.43 (relating to chief executive officer).
(iii) In facilities licensed under Chapter 6500 (relating to family living homes), the term means the chief executive officer under § 6500.42 (relating to chief executive officer).
(iv) In intermediate care facilities for persons with mental retardation, the term means the administrator appointed under 42 CFR 483.410(a)(3) (relating to condition of participation: governing body and management).
(v) In facilities licensed under Chapter 5310 (relating to community residential rehabilitation services for the mentally ill), the term means the director selected under § 5310.11 (relating to governing body).
(vi) In facilities licensed under Chapter 5320 (relating to requirements for long-term structured residence licensure), the term means the program director selected under § 5320.22 (relating to governing body).
Health care-The term as defined in 20 Pa.C.S. § 5422.
Health care agent-The term as defined in 20 Pa.C.S. § 5422.
Health care decision-The term as defined in 20 Pa.C.S. § 5422.
Health care power of attorney-The term as defined in 20 Pa.C.S. § 5422. A health care power of attorney is the actual document declaring an individual to make health care decisions for the principal. The person designated in a health care power of attorney is sometimes referred to as the "health care agent."
Health care provider-The term as defined in 20 Pa.C.S. § 5422.
Health care representative-The term as defined in 20 Pa.C.S. § 5422. In addition, Act 169 specifies the following limitation on designation of the health care representative: Unless related by blood, marriage or adoption, a health care representative may not be the principal's attending physician or other health care provider, not an owner, operator or employee of a health care provider in which the principal receives care.
lncompetent-The term as defined in 20 Pa.C.S. § 5422.
Living will-The term as defined in 20 Pa.C.S. § 5422.
MH/MR Act-The Mental Health and Mental Retardation Act of 1966 (50 P. S. §§ 4101-4704).
MH-Mental health.
MR-Mental retardation.
Mental health advance directive-A document that directs MH services and supports that an individual might want to receive during a crisis if the individual is unable to make decisions because of the individual's mental illness. This is a separate document from an advance health care directive. See 20 Pa.C.S. Chapter 58 (relating to mental health care).
Permanently unconscious-The term as defined in 20 Pa.C.S. § 5422.
Person-The term as defined in 1 Pa.C.S. § 1991 (relating to definitions).
Principal-The term as defined in 20 Pa.C.S. § 5422. The principal is at least 18 years of age, has graduated from high school, has married or is an emancipated minor.
Surrogate health care decision maker-A person that makes health care decisions for another individual.
