Section 216-RICR-40-05-22.3 - DefinitionsA. Wherever used in these Rules and Regulations the following terms shall be construed as follows: 1. "Abuse" means any assault or battery as defined in R.I. Gen. Laws Chapter 11-5, R.I. Gen. Laws § 11-37-1, or any conduct which harms or is likely to harm a patient, or intentionally engaging in a pattern of harassing conduct which causes or is likely to cause emotional or psychological harm to the patient, including, but not limited to, ridiculing or demeaning a patient, making derogatory remarks to a patient, cursing directed towards a patient, and threatening to inflict physical or emotional harm on a patient, except when the conduct is a part of the care and treatment and in furtherance of the health and safety of the patient.2. "Act" means R.I. Gen. Laws Chapter 23-17.9.3. "Adult day services program" means a community-based group program, licensed by the Department in accordance with the provisions of R.I. Gen. Laws § 23-1-52, designed to meet the biopsychosocial needs of adults with impairments through individual plans of care.4. "Approval" means the process whereby the Director or designee evaluates and grants official recognition to a nursing assistant or medication aide training program based on the requirements of this Part.5. "Assisted living residence" means a publicly or privately operated residence licensed under the provisions of R.I. Gen. Laws Chapter 2317.4.6. "Complicated feeding" means the feeding of patients with complex medical needs and the feeding of patients that require feeding tubes or parenteral/intravenous feedings.7. "Department" means the Rhode Island Department of Health.8. "Director" means the Director of the Rhode Island Department of Health or designee.9. "Health care facility" means a provider as defined by R.I. Gen. Laws §23 17-2(9).10. "Long term care services" means a set of health care, personal care and social services required by persons who lack some degree of functional capacity (e.g., chronically ill, aged, disabled), who are living in an institution on a long-term basis or at home. The term may refer to longterm institutional care such as care provided in nursing homes, adult day care services, and assisted living residences, or to ambulatory services such as home health care.11. "Medication aide" means a nursing assistant who has had additional training in the administration of medications and is licensed with the Department as a medication aide.12. "Medication aide training program" means an organized course of classroom instruction and clinical training, approved by the Director, designed to prepare individuals to function as assistants to licensed nurses in the administration of medication.13. "Medication aide exam" means an examination approved by the Director that tests the ability of a person to perform the skills and exercise the judgment necessary to carry out the duties of a medication aide.14. "Neglect" means the intentional failure to provide treatment, care, goods and services necessary to maintain the health and safety of a patient, or the intentional failure to carry out a plan of treatment or care prescribed by a patient's physician, or the intentional failure to report a patient's health problems or changes in health conditions to an immediate supervisor or licensed nurse, or the intentional lack of attention to the physical needs of a patient including, but not limited to, toileting, bathing, meals, and safety. Provided, however, no person shall be considered neglected for the sole reason that he or she relies on or is being furnished with treatment in accordance with the tenets and teachings of a well-recognized church or denomination by a duly-accredited practitioner thereof.15. "Nursing assistant" means a paraprofessional who holds a Rhode Island license pursuant to the provisions of the Act and this Part, and who is trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirm, and who are patients at or are receiving services from health care facilities or agencies.16. "Nursing assistant examination" means an examination approved by the Director that includes a written and practical component that tests the ability of a person to perform the skills and exercise the judgment that is necessary to carry out the duties of a nursing assistant as defined in these Regulations.17. "Nursing assistant training program" means an organized course of classroom instruction and practical training, approved by the Director, designed to prepare individuals to function as nursing assistants.18. "Nursing service agency" means any person, firm, partnership or corporation doing business within the State of Rhode Island that supplies, on a temporary basis, licensed nursing assistants to a hospital, nursing home, private home, or other health care facility licensed under R.I. Gen. Laws Chapter 23-17.7.1 and the Rules and Regulations for Licensing Nursing Service Agencies (Subchapter 10 Part 10 of this Chapter).19. "Online nursing assistant training program" means a training program, approved by the Department, that offers courses using web conferencing and other e-learning media to provide access to a classroom experience for students at an off-campus location.20. "Patient" means client and resident.21. "Registry" means the Department's licensure database that provides a mechanism to verify the status of a nursing assistant's license.22. "Supervision" means the provision of guidance for the accomplishment of a nursing assistant activity by a supervisor who is a nurse, physician, or other appropriate health professional who is duly licensed and/or certified as required by law. a. "Direct supervision" means supervision provided by a supervisor who is and remains on the premises, in the building, while the nursing assistant is performing his or her duties, and evaluates the performance of the nursing assistant and medication aide.b. "Indirect supervision" means supervision provided by a supervisor who is not on the premises while the nursing assistant is performing his or her duties, but who is responsible for the assignment of duties and evaluation of the performance of the nursing assistant.216 R.I. Code R. § 216-RICR-40-05-22.3
Adopted effective 5/21/2022
Amended effective 2/1/2023