Section 175-6-002 - DEFINITIONSThe definitions set out in the Health Care Facility Licensure Act, in 175 Nebraska Administrative Code (NAC) 1, and the following apply to this chapter.
002.01ABUSE. 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.002.02ADVANCE 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.002.03BASIC 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.002.04CAREGIVER. A caregiver has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.002.05CHEMICAL RESTRAINT. A psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms.002.06CHILDREN'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.002.07CHILDREN'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.002.08COMMUNITY-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.002.09DEVELOPMENTAL DISORDERS. A disorder that interrupts normal development in childhood.002.10DEVICE. 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.002.11DIRECT 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.002.12EXPLOITATION. 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.002.13FOOD 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.002.14FUNCTIONAL 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.002.15INTRAVENOUS THERAPY. Initiating and monitoring therapy related to substances that are administered intravenously.002.16MEDICAL DEPENDENCE. A medically fragile individual who requires specialized care and treatment by a practitioner as prescribed by a physician.002.17MEDICAL SERVICES. Those services that address the health concerns and needs of consumers, including complex interventions, within the scope of practice of the licensed practitioner.002.18MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.002.19MENTAL 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.002.20NEGLECT. Failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.002.21OVERNIGHT CARE. Care, treatment, or services provided for consumers between the hours of 9:00 p.m. and 6:00 a.m.002.22PARENT. A natural parent, adoptive parent, stepparent, guardian, or other legally responsible individual for an individual under 19 years of age.002.23PERSONAL 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.002.24PERSONAL 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.002.25PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.002.26PHYSICAL 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.002.27PHYSICIAN. An individual with an active license as a physician under the Uniform Credentialing Act to practice medicine and surgery or osteopathic medicine and surgery.002.28PRESCRIBING 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.002.29SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.002.30SKILLED NURSING CARE. Skilled nursing services that: (A) Are ordered by a physician and included in the plan of care approved by the physician for the consumer; and(B) Can be provided in this state only by or under the direct supervision of a registered nurse to assure the safety of the consumer and to achieve the medically desired result.002.31SKILLED NURSING CARE SERVICES. See skilled nursing care.002.32SOCIAL SERVICES. Those activities that assist the consumer in carrying out their therapeutic activities as outlined in their service agreement.002.33SPECIALIZED 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.002.34STAFF. An individual who is a direct or contracted employee of the children's day health service.002.35SUMMARY 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.002.36SUPERVISING 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.002.37SUPERVISION. The daily observation and monitoring of the consumer by direct care staff and oversight of staff by the administrator or administrator's designee.002.38SUPPORT SERVICES. Services which support personal care, provision of medications, activities of daily living, and health maintenance activities.002.39THERAPEUTIC ACTIVITIES. Professionally directed set of actions designed to improve, maintain or lessen the decline of physical, cognitive, or social functioning.002.40VERBAL 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.002.41VOLUNTEER. An individual who is not a direct or contracted employee of the children's day health service.175 Neb. Admin. Code, ch. 6, § 002
Amended effective 2/20/2024