N.Y. Comp. Codes R. & Regs. tit. 9 § 7410.3

Current through Register Vol. 46, No. 41, October 9, 2024

Section 7410.3 - Definitions

As used in this Part, the following definitions shall apply to the terms listed below:

(a) Administrative health services authority shall mean a person or organized group of persons responsible for the management of the health care delivery system of a secure facility or group of facilities, excluding direct patient care.

(b) Ambulatory services clinic shall mean a designated area within a secure facility, including a room or group of rooms, with facilities, services, equipment and personnel providing nonresidential medical management of outpatients, which is planned, organized, operated and maintained to function as an integrated unit within secure facilities.

(c) Certified or registered ambulance service shall mean an ambulance service having a valid certificate or statement of registration issued pursuant to article 30 of the Public Health Law.

(d) Clinical health services authority shall mean an organized group of licensed health care professionals responsible for the overall medical management of secure residents and for all aspects of direct patient care of residents within secure facilities.

(e) Drug room or pharmaceutical storage shall mean any place within a secure facility in which drugs, prescriptions or poisons are stored for delivery after having been compounded, preserved or dispensed by a licensed pharmacist.

(f) Full-time shall mean the personal availability of employees for the discharge of their assigned duties and responsibilities for a period of not less than 40 hours during each facility work week, excluding holidays and authorized leave periods, 32 hours of which shall consist of their personal presence at their assigned work stations/areas.

(g) Health screening shall mean an interview and visual assessment of a resident conducted by a facility health trained staff member which is recorded and designed to elicit a past history or current evidence of a medical or mental health condition requiring immediate medical or psychiatric evaluation and treatment.

(h) Health trained staff member shall mean an individual trained in limited aspects of health care as determined by the facility medical director. Such training shall be recorded.

(i) Infectious, reportable disease shall mean an infectious disease transmissible to uninfected persons by air and listed as reportable in Part 2 of Title 10 NYCRR.

(j) Infirmary shall mean a designated area within a secure facility, including a multiple occupancy or group of rooms, with facilities, services, equipment and personnel providing residential nursing care and medical management of inpatients admitted for 24 hours or more and which is planned, organized, operated and maintained to function as an integrated unit within a secure facility.

(k) Licensed health care professional shall mean a physician, nurse practitioner, registered professional nurse, physician's assistant, licensed practical nurse or dentist licensed to practice in the State of New York.

(l) Medical director shall be a physician licensed to practice medicine in the State of New York.

(m) Medical hold shall mean the retention of a named resident at a secure facility for so long as it is believed that the transfer to another secure facility would be detrimental to the resident's health or would hinder the effectiveness and efficiency with which necessary health services are provided to such resident.

(n) Medical isolation shall mean a private room which is negative air-flow ventilated and which is otherwise designed and equipped to assist health care staff in practicing appropriate isolation techniques according to diagnosis.

(o) New construction or renovation shall mean any of the following:

(1) a facility constructed after the effective date of this Part;

(2) acquisition of a physical plant not previously operated as a health care delivery setting;

(3) construction of a new physical plant; or

(4) renovations, additions, and/or alterations to the health care delivery setting within an existing secure facility which involves major physical and/or structural changes or major fixed equipment changers, other than replacements.

(p) Partial care patient shall mean a resident who meets either of the following conditions:

(1) requires moderate assistance with personal care and activities of daily living; or

(2) requires some nursing supervision; and

(3) is alert and aware of surroundings.

(q) Pharmacy shall have the same meaning as set forth in section 6802.1 of the Education Law.

(r) Physical therapy service shall mean an organized unit which is designed, staffed and equipped to provide evaluation, treatment or prevention of disability, injury, disease or other condition of health using physical, chemical and mechanical means including, but not limited to: heat, air, water, sound, electricity, massage and mobilization, and therapeutic exercise with or without assistive devices, performed in accordance with a physician's order, diagnosis or referral.

(s) Physician shall mean a physician licensed to practice medicine in New York State who is an independent contractor with or an employee of OCFS.

(t) Self care patient shall mean a resident who meets all of the following conditions:

(1) is capable of self-care with minimal nursing supervision;

(2) is alert and aware of surroundings; and

(3) can walk unassisted by mechanical or human means.

(u) Skilled nursing service shall mean an organized nursing care unit in which there are employed and on duty throughout each 24-hour period, a:

(1) director, assistant director; and

(2) registered professional nurses, licensed practical nurses, and nurses' aides in sufficient number to provide a combined average of direct nursing care of not less than one hour for each self care patient, two hours for each partial care patient and four hours for each total care patient.

(v) Skilled professional health care services shall mean:

(1) a skilled nursing service; and

(2) a physical therapy service.

(w) Total care patient shall mean a resident who meets any one or more of the following conditions:

(1) is dependant for most or all nursing and personal care;

(2) needs continuous nursing supervision because of physical or mental status;

(3) is prevented or severely limited in independent activity because of a severe emotional state, conditions resulting from the use of medications, physiological changes, or is restrained physically; or

(4) is bedfast, chair-fast, room-bound, who can sit in, but not propel, a wheelchair, or who can use a walker if assisted by two persons.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7410.3

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018