N.Y. Comp. Codes R. & Regs. tit. 9 § 7651.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 7651.3 - 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 correctional facility or group of facilities, excluding direct patient care.

(b) Ambulatory services clinic shall mean a designated area within a correctional 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 correctional 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 inmates and for all aspects of direct patient care of inmates within correctional facilities.

(e) Clinical physician shall mean a physician licensed to practice medicine in New York State who is an independent contractor with or employee of the Department of Corrections and Community Supervision.

(f) Drug room or pharmaceutical substock shall mean any place within a correctional facility in which drugs, prescriptions or poisons are stored for delivery after having been compounded, preserved or dispensed in a pharmacy.

(g) 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 371/2 hours during each facility work week, excluding holidays and authorized leave periods, 30 hours of which shall consist of their personal presence at their assigned work stations.

(h) Health screening shall mean an interview and visual assessment of an inmate conducted by a facility health care staff member which is reduced to writing 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.

(i) Hemodialysis center shall have the same meaning as set forth in 10 NYCRR Part 757.

(j) HIV illness shall mean a medical, physical or mental health condition diagnosed by methods approved by the national Centers for Disease Control (CDC) indicative of a defect in cell-mediated immunity believed to be caused by infection with the human immunodeficiency virus (HIV).

(k) Hospital shall have the same meaning as set forth in Public Health Law, article 28.

(l) Infant shall mean a child one year of age or less.

(m) Infectious, reportable disease shall mean an infectious disease transmissible to uninfected persons by air and listed as reportable in 10 NYCRR 2.1.

(n) Infirmary shall mean a designated area within a correctional facility, including a multiple occupancy room 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 correctional facility.

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

(p) Medical isolation shall mean the confinement of an inmate diagnosed or suspected of having an infectious reportable disease to 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.

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

(1) a facility constructed after September 1, 1985;

(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 facility which involve major physical and/or structural changes or major fixed equipment changes, other than replacements.

(r) Partial care patient shall mean an inmate 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.

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

(t) 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.

(u) Rooming-in shall have the same meaning as set forth in 10 NYCRR 405.21(b)(5).

(v) Self care patient shall mean an inmate 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.

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

(1) a director, assistant director or charge nurse who is a licensed registered professional nurse; 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.

(x) Skilled professional health care services shall mean:

(1) a skilled nursing service; and

(2) a physical therapy service.

(y) Total care patient shall mean an inmate who meets any one or more of the following conditions:

(1) is dependent for all or most of 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 severe emotional states, conditions resulting from use of medications, physiological changes and/or is restrained physically; or

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

(z) Utilization review plan shall mean a written plan which provides for the analysis, review and evaluation of clinical and health services administrative practices within the department and those affecting services used by the department outside the confines of correctional facilities in order to promote the efficient and effective use of health care services.

(aa) Well-infant nursery shall have the same meaning as set forth in 10 NYCRR 405.21(b)(9).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7651.3

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