Fla. Admin. Code R. 59A-16.101

Current through Reg. 50, No. 235-239, December 10, 2024

Section 59A-16.101 - Definitions

(1) The following terms are defined in sections 429.901 and 429.918, F.S., and are applicable to this rule chapter: "ADRD Participant, " "Adult Day Care Center, " or "Center, " "Agency, " "Basic Services, " "Department, " "Multiple or Repeated Violations, " "Operator, " "Owner, " "Participant, " "Specialized Alzheimer's Services, " and "Supportive and Optional Services."

(2) Additional definitions applicable in this rule chapter are as follows:

(a) "Activities of Daily Living" or "ADL" shall mean the functions or tasks for self-care and shall include: ambulation, bathing, dressing, eating, grooming, transferring, and toileting, self-administration of medications, and other personal hygiene activities.

(b) "Adult" shall mean any person 18 years of age or older.

(c) "Applicant for Licensure" shall mean the Owner or Operator of a Center or, if the Owner is a business entity, the person (i.e., corporate officer, general or limited partner) acting on behalf of the entity.

(d) "Assistant Operator" shall mean an individual designated in writing by the Owner or Operator as having full responsibility and authority for the daily operation of the facility when the Owner or Operator is not onsite. The Assistant Operator shall meet the same minimum qualifications as the Operator.

(e) "Participant Capacity" shall mean the number of Participants for which a Center is licensed to provide care to at any given time and shall be based upon required net floor space.

(f) "Comprehensive Emergency Management Plan" shall mean a plan developed by the Adult Day Care Center describing how the Center will prepare for and respond to an emergency, pursuant to subsection 59A-16.107(10), F.A.C.

(g) "Congregate Space" shall mean climatically controlled living rooms, dining rooms, specialized activity rooms, or other rooms to be commonly used by all Participants.

(h) "Daily Attendance" shall mean the number of Participants who, during any one calendar day, attend the Center. This count is not dependent upon, nor does it include, the number of types of services a Participant receives, but is an actual, individual, and unduplicated census count.

(i) "Functional Impairment" means a physical, mental, social, or cognitive condition or deficit that restricts an individual's ability to perform the tasks and Activities of Daily Living and that impedes the individual's capability for self-care and independent living without assistance or supervision from others on a recurring or continuous basis for extended periods of time.

(j) "Governing Authority" shall mean the organization, person, or persons designated to assume full legal responsibility for the determination of policy, management, operation, and financial viability of the Center.

(k) "Major Incident" shall mean any incident for which the Agency, Center, Staff member or other person associated with the Center may be liable, or which has resulted in serious injury, death or extensive property damage. Major Incidents include, but are not limited to, the following:

1. Death of a Participant from other than natural causes while in the care of the Center,

2. Threats or occurrences of riots, bombings, or other extreme violence,

3. Disappearance of a Participant from the Center,

4. Assaults or batteries on or by a Participant, resulting in severe injury or death, including, but not limited to, sexual assaults or rape,

5. Property damage from any cause that would interrupt routine operations or disrupt service delivery,

6. Auto accidents with injuries involving participants,

7. Involuntary Center closure,

8. Incidents of abuse, neglect, exploitation or fraud,

9. Employee work conduct which results in a criminal law violation,

10. Attempted suicide by a participant while under Center supervision.

(l) "Net Floor Space" shall mean the actual climatically controlled occupied area, not including accessory unoccupied areas such as hallways, stairs, closets, storage areas, bathrooms, kitchen or thickness of walls, set aside for the use of the Participants.

(m) "Operator" shall mean an individual who has daily administrative charge of an Adult Day Care Center and who shall be designated in writing as such by the owner or Governing Authority. An Operator of a Specialized Alzheimer's Services Adult Day Care Center must meet the educational or experiential requirements in section 429.918(5), F.S.

(n) "Orientation and Training Plan" shall mean a written plan developed and reviewed at least annually, and implemented throughout the year, which describes a coordinated program for Staff training for each service and for orientation of each new Staff member on Center policies, procedures, assigned duties and responsibilities. The orientation and training provided for by the Orientation and Training Plan shall begin no later than the first day of employment.

(o) "Over the Counter Products" or "OTC Products" shall mean medications and related products that can be purchased legally without a prescription, including, but not limited to, medications, vitamins, nutritional supplements and nutraceuticals.

(p) "Participant Care Plan" shall mean a written record documenting adult day health services, as required by paragraph 59A-16.106(6)(d), F.A.C.

(q) "Participant File" shall mean a record, prepared and kept by the Center which shall include: a Participant Care Plan, documenting adult day health services provided to the Participant, if any; medical and social history or copies of an examination completed by a physician; diagnosis; disabilities and limitations; rehabilitation potential; short and long-term goals; recommended activities; orders for medication or modified diet, including Supervision of Self-administered Medication; special needs for health or safety; permitted levels of physical activity; frequency of attendance at the Center; and notes as required in this rule chapter.

(r) "Personal Supervision of a Participant" shall mean observation of the Participant to maintain safety and well-being, including Supervision of Self-administered Medications.

(s) "Respite Care" or "Respite" in an Adult Day Care Center is defined as a service provided to relieve the caregiver.

(t) "Responsible Person" shall mean any person who has assumed the responsibility to manage the affairs and protect the rights of any Participant of a Center. The Responsible Person is not a legal entity, but may be a caregiver or friend and shall in no case be affiliated with the facility, its operations, or its personnel, unless so ordered by a court.

(u) "Significant Change" shall mean: a deterioration or improvement in ability to carry out Activities of Daily Living; a deterioration in behavior or mood to the point where daily problems arise, or an improvement to the point that these problems are eliminated; or a substantial deterioration in health status or reversal of such condition. Ordinary day-to-day fluctuations in functioning and behavior and acute short-term illness such as a cold are not considered Significant Changes unless such fluctuations persist to the extent that a trend is established.

(v) "Staff" shall mean any employee, independent contractor, or volunteer included in the minimum Staff ratio, who provides direct or indirect services to the Participants.

(w) "Staff Providing Direct Care for ADRD Participants" means Staff providing personal or Specialized Alzheimer's Services to ADRD Participants or Participants with dementia-related disorders, including, but not limited to, Owners, Operators, and Assistant Operators providing such services.

(x) "Staff in Direct Contact with ADRD Participants" means all Staff who are not Staff Providing Direct Care to ADRD Participants or Participants with dementia-related disorders, but whose duties may require them to interact with ADRD Participants or Participants with dementia-related disorders on a daily basis.

(y) "Supervision of Self-administered Medication" shall mean the performance of the following tasks: reminding Participants to take medication at the time indicated on the prescription; opening or closing medication container(s) or assisting in the opening of prepackaged medication; reading the medication label to Participants; observing Participants while they take medication; checking the self-administered dosage against the label of the container; reassuring Participants that they have obtained and are taking the dosage as prescribed; keeping daily records of when Participants received supervision pursuant to this subsection; and immediately reporting apparent adverse effects on a Participant's condition to the Participant's physician and responsible person. No Center is required to provide Supervision of Self-administered Medication to Participants who are capable of administering their own medication.

(z) "Supervision of Staff" shall mean guidance by a qualified person for a Staff member's performance of job-related functions and activities, with initial direction and periodic onsite inspection of the performance. Supervision of Participants shall mean guidance and care necessary for the health, safety and well-being of Participants.

(aa) "Supportive and Optional Services" shall mean optional activities and services provided by a Center, in accordance with rule 59A-16.106, F.A.C.

(bb) "Transportation Services" shall mean the conveyance of Participants between the Center and a designated location, as well as to and from services provided directly or indirectly by the Center. No Participant's transportation to and from a designated location and the Center shall exceed two hours if the transportation is provided or arranged by the Center.

(cc) "Volunteer" shall mean an individual not on the payroll of the Adult Day Care Center, whose qualifications shall be determined by the Center, for whom a written job description and Orientation and Training Plan shall be provided and implemented.

Fla. Admin. Code Ann. R. 59A-16.101

Rulemaking Authority 429.929 FS. Law Implemented 429.918, 429.929 FS.

New 7-8-81, Amended 2-27-84, Formerly 10A-6.02, 10A-6.002, 59A-16.002, Amended 11-9-95, 3-29-98, 10-23-01, 8-3-15, Formerly 58A-6.002, 7-1-19.