Section 216-RICR-40-10-11.3 - Definitions (Applies to All Facilities and Programs)A. Wherever used in these rules and regulations the following terms shall be construed as follows: 1. "Attending practitioner" means a physician, as defined in R.I. Gen. Laws Chapter 5-37, or a certified nurse practitioner, as defined in R.I. Gen. Laws Chapter 5-34, (who may or may not be on the hospice staff) identified by the terminally ill patient/family as having a significant role in the determination and delivery of the patient's medical care. Attending practitioner also means a physician assistant (who may or may not be on the hospice staff), as long as the physician assistant's role is providing medical and surgical services in collaboration with physicians, as set forth in the provisions of R.I. Gen. Laws Chapter 5-54.2. "Bereavement" means the extended period of grief preceding the death and following (usually for one year) the death of a loved one, during which individuals experience, respond, and adjust emotionally, physically, socially, and spiritually to the loss of a loved one.3. "Branch office" means a fixed and established geographical location from which a licensed hospice program provides services within a portion of the total geographic area served by the licensed central office.4. "Certified nurse practitioner" means an advanced practice nurse utilizing independent knowledge of physical assessment, diagnosis, and management of health care and illnesses. The practice includes prescriptive privileges. Certified nurse practitioners are members of the health care delivery system practicing in areas including, but not limited to family practice, pediatrics, adult health care, geriatrics, and women's health care in primary, acute, long-term, and critical care settings in health care facilities and the community. Certified nurse practitioners may be recognized as the primary care provider or acute-care provider of record.5. "Change in operator" means a transfer by the governing body or operator of a hospice program to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to: a. Hire or fire the chief executive officer of the hospice program;b. Maintain and control the books and records of the hospice program;c. Dispose of assets and incur liabilities on behalf of the hospice program; ord. Adopt and enforce policies regarding operation of the hospice program.e. This definition is not applicable to circumstances wherein the governing body of a hospice program retains the immediate authority and jurisdiction over the activities enumerated in §§ 11.3(A)(6)(a) through (d) of this Part.6. "Change in owner" means: a. In the case of a hospice program that is a partnership, the removal, addition, or substitution of a partner which results in a new partner acquiring a controlling interest in such partnership;b. In the case of a hospice program that is an unincorporated sole proprietorship, the transfer of the title and property to another person;c. In the case of a hospice program that is a corporation:(1) A sale, lease, exchange, or other disposition of all, or substantially all of the property and assets of the corporation; or(2) A merger of the corporation into another corporation; or(3) The consolidation of two or more corporations, resulting in the creation of a new corporation; or(4) In the case of a hospice program that is a business corporation, any transfer of corporate stock that results in a new person acquiring a controlling interest in such corporation; or(5) In the case of a hospice program that is a non-business corporation, any change in membership that results in a new person acquiring a controlling vote in such corporation.7. "Collaboration" means the physician assistant shall, as indicated by the patient's condition, the education, competencies, and experience of the physician assistant, and the standards of care, consult with or refer to an appropriate physician or other healthcare professional. The degree of collaboration shall be determined by the practice and includes decisions made by a physician employer, physician group practice, and the credentialing and privileging systems of a licensed hospital, health center, or ambulatory care center. A physician must be accessible at all times for consultation by the physician assistant.8. "Department" means the Rhode Island Department of Health.9. "Director" means the Director of the Rhode Island Department of Health.10. "Disqualifying information" means that information produced by a criminal record check, pertaining to conviction, for the following crimes will result in a letter to the employee and employer disqualifying the applicant from said employment: murder, voluntary manslaughter, involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree sexual assault, assault on persons sixty (60) years of age or older, child abuse, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery, felony drug offenses, larceny or felony banking law violations.11. "Equity" means non-debt funds contributed toward the capital costs related to a change in owner or change in operator of a hospice facility which funds are free and clear of any repayment or liens against the assets of the proposed owner and/or licensee and that result in a like reduction in the portion of the capital cost that is required to be financed or mortgaged.12. "General inpatient care" means hospice care provided to terminally ill patients in an inpatient setting.13. "Hospice care" (hereinafter referred to as "hospice program") means a program of palliative care that provides for the physical, psychological, social and spiritual needs of a terminally ill patient and his/her family, both in the home and in an inpatient setting.14. "Hospice inpatient facility" means a health care facility that cares for hospice and palliative care patients requiring short-term, general inpatient, respite care, or routine home care and is operated directly by a hospice program under a license issued by the Department.15. "Inpatient respite care" means short-term inpatient care provided to terminally ill patients to provide relief to family members or others caring for the patient.16. "Licensing agency" means the Rhode Island Department of Health.17. "Medication aide", as used herein, means selected unlicensed personnel who have satisfactorily completed a state-approved course in drug administration who may administer oral or topical drugs (with the exception of Schedule II drugs) in accordance with the requirements of §11.5.8(J) of this Part.18. "Nurse" means an individual licensed to practice as a professional (registered) (RN) or licensed practical nurse (LPN) in this state under the provisions of R.I. Gen. Laws Chapter 5-34.19. "Nursing assistant" means a nurse's aide, orderly, or home health aide who is a paraprofessional, and who holds a Rhode Island certificate of registration pursuant to the provisions of R.I. Gen. Laws Chapter 23-17.9, and the rules and regulations promulgated thereunder, who is trained to give personal care and related health care and assistance based on his/her level of preparation to individuals who are sick, disabled, dependent, or infirm, and who are patients of or who are receiving services from health care facilities.20. "Palliative care" means patient and family-centered care that optimizes quality of life by anticipating, preventing, and treating suffering. Palliative care throughout the continuum of illness involves addressing physical, intellectual, emotional, social, and spiritual needs and facilitates patient autonomy, access to information, and choice.21. "Person" means an individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability company, state or political subdivision or instrumentality of a state.22. "Physician" means any individual licensed to practice medicine in this state under the provisions of R.I. Gen. Laws Chapter 5-37.23. "Physician assistant" means a person who is qualified by academic and practical training to provide medical and surgical services in collaboration with physicians, as set forth in the provisions of R.I. Gen. Laws Chapter 5-54.24. "Residential area" means a distinct living environment within an inpatient hospice facility that includes no more than sixty (60) beds.25. "Social worker" means a person licensed under R.I. Gen. Laws Chapter 5-38.1 and the Rules and Regulations Pertaining to Licensing Clinical Social Workers and Independent Clinical Social Workers.26. "Spiritual counselor" means clergy (individual ordained for religious service), pastoral or another similar counselor.27. "Terminally ill" means that an individual has a medical prognosis of a life expectancy of six months or less if the illness runs its normal course.216 R.I. Code R. § 216-RICR-40-10-11.3
Amended effective 3/21/2023