Wis. Admin. Code DHS § DHS 129.03

Current through December 30, 2024

Section DHS 129.03 - Definitions

In this chapter:

(1) "Abuse" has the meaning specified in s. DHS 13.03 (1).

(2) "Basic nursing course" means a course or combination of courses that contain the basic nursing skills, competencies and knowledge that the department is satisfied are generally equivalent in content to the skills contained in s. DHS 129.07 (1).

(3) "Body mechanics" means the use of the muscle and skeletal systems during activity and when positioning the body for work tasks, given that the task is within the limits of worker capability when assisting in the movement, positioning and transfer of clients.

(4) "Caregiver misconduct registry" has the meaning specified in s. DHS 13.03 (4).

(5) "Client" means a person receiving care, treatment or diagnostic services from a health care provider.

(6) "Client care ergonomics" means a multifaceted, standardized approach for client mobility tasks, which incorporates the evaluation of client characteristics to assure proper selection and use of equipment by caregivers according to algorithms for client transfer and mobility activities.

(7) "Client related services" means care, treatment or diagnostic services provided to a client.

(8) "Clinical setting" means one of the following:

(a) A practice setting where care and treatment of clients occur.

(b) A health care-related setting, where care and treatment of clients occurs.

(9) "Competency evaluation program" means a testing program for nurse aides that is approved under this chapter and consists of all of the following components:

(a) A written or oral examination.

(b) A skills demonstration examination.

(10) "Complicated feeding problems" means difficulty in swallowing, recurrent lung aspiration, or tube or parenteral or IV feedings.

(11) "Department" means the Wisconsin department of health services.

(12) "Developmental tasks" means those functions normally associated with the aging process, including acceptance of and adjustment to psychosocial and physiological processes, transition throughout adulthood, retirement development, and life review.

(13) "Direct supervision" means that an RN or LPN is immediately available on the same unit, floor or wing as the nurse aide while the nurse aide is performing client-related services.

(14) "Employment" means working for another for compensation on a full-time, part-time, temporary, per diem, contractual or other basis.

(15) "Facility for the developmentally disabled" means a place or a distinct part of a place where five or more unrelated persons reside and who, because of their developmental disabilities, require access to 24-hour nursing care or treatment for developmental disabilities as defined under rules promulgated by the department for facilities for the developmentally disabled. "Facility for the developmentally disabled" does not include any of the following:

(a) A convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual.

(b) A hospice that directly provides inpatient care.

(c) An assisted living facility, as defined in s. 50.034, Stats.

(d) A nursing home.

(16) "Feeding assistant" means a person at least 16 years old who has completed a state-approved feeding assistant training program and who is paid by a nursing home, or a person who is used under an arrangement with another agency or organization to assist clients who have no feeding complications with the activities of eating and drinking. "Feeding assistant" does not mean an individual who is a licensed health professional or registered dietician; volunteers without money compensation; or a nurse aide.

(17) "General supervision" means at least intermittent face-to-face contact between supervisor and nurse aide, but does not require the continuous presence of the supervisor in the same area during client-related services.

(18) "Disability" means a physical or mental impairment that makes ability to care for oneself unusually difficult or limits one's capacity to work.

(19) "Health care provider" means any of the following:

(a) A nursing home.

(b) A facility for the developmentally disabled.

(c) An intermediate care facility for individuals with intellectual disabilities.

(d) A hospital.

(e) A home health agency.

(f) A hospice.

(g) A rural medical center that provides one or more of the services listed in pars. (a) to (f).

(20) "Home health agency" has the meaning specified in s. 50.49(1), Stats.

(21) "Hospice" means an organization, program or place as defined in s. 50.90(1), Stats., and ch. DHS 131, and is certified as a provider of services under 42 USC 1395 to 1395cc c.

(22) "Hospice medication aide" means a nurse aide who is able to administer medications in a hospice after passing a department-approved medication course.

(23) "Hospital" has the meaning specified in s. 50.33(2), Stats.

(24) "Licensed health care professional" means a physician, physician's assistant, nurse practitioner, physical, speech or occupational therapist, an occupational therapy assistant, a registered nurse, a licensed practical nurse or any other health or health service professional subject to the jurisdiction of the Wisconsin department of safety and professional services.

(25) "Licensed practical nurse (LPN)" means an individual who is licensed under s. 441.10(1) and (4) to (8), Stats., or who has a temporary permit under s. 441.10(9), Stats.

(26) "Mechanical support" means any article, device or garment that is used only to achieve the proper position or balance of the client.

(27) "Misappropriation" has the meaning specified in s. DHS 13.03 (12).

(28) "Misconduct" means abuse or neglect of a client or misappropriation of a client's property as specified in s. DHS 13.03 (1), (12) and (14).

(29) "Neglect" has the meaning specified in s. DHS 13.03 (14).

(30)

(a) "Nurse aide" means a person, regardless of the person's title, who provides routine client-related services under the supervision of a registered nurse or licensed practical nurse. "Nurse aide" includes any of the following:

1. Any person on the registry.

2. Any person providing nursing or nursing-related services to clients, regardless of the title under which the person is employed, except individuals in sub. (31).

3. Any person who has successfully completed a training program under s. DHS 129.07 and a competency evaluation program under s. DHS 129.08.

4. Any person employed to provide nursing or nursing-related services, or employed within the last 24 months as a nurse aide by a health care provider.

5. Any person eligible to be included on the registry under s. 146.40, Stats.

6. Any student nurse on assignment for greater than 120 days.

(b) "Nurse aide" does not mean a person who is licensed, receives a permit, is certified or is registered under ch. 441, 448, 449, 450, 451, 455 or 459, Stats.

(c) "Nurse aide" does not mean a person whose duties primarily involve skills that are different from those taught in training and competency evaluation programs approved under ss. DHS 129.07 and 129.08. A volunteer is not a "nurse aide".

(30m) "Nurse aide training program" means an instructional program for a nurse aide that is approved by the department as mandated by s. DHS 146.40 (3) or (3g), Stats.

(32) "Nursing home" has the meaning specified in s. 50.01(3), Stats.

(33) "Nursing home medication aide" means a nurse aide who is able to administer medications in a nursing home or a facility for the developmentally disabled after passing a department-approved medication course.

(34) "Onsite review" means an evaluation of a training program conducted at the physical location of the training program to verify the program is in compliance with the terms of the approval issued.

(35) "Plan of correction" means the training program's plan to correct all areas identified as deficient during an onsite review.

(36) "Preliminary approval" means the initial 3 month approval issued by the department following the completed review and verification of all aspects of the application.

(37) "Primary instructor" means a registered nurse licensed to practice in Wisconsin who has a minimum of 2 years of nursing experience working as a registered nurse, at least one year of which must be in the provision of long-term care facility services, and who has completed a course in adult education or supervising nurse aides.

(38) "PRN medications" means medications administered as necessary based on the resident's or patient's condition.

(39) "Program" means the facility, agency or other entity or individual who operates an approved training program.

(40) "Program trainer" means an individual from a health related field who provides specialized training about that field to nurse aides under the general supervision of the primary instructor.

(41) "Qualified clinical setting" means a clinical setting unencumbered by restrictions imposed under 42 CFR 483.151.

(42) "Qualified medication consultant" means one of the following:

(a) A pharmacist licensed in Wisconsin.

(b) An advanced practice nurse prescriber as defined in s. N 8.02 (2).

(c) A masters-prepared registered nurse, teaching medication administration to RN or LPN students.

(43) "Registered nurse (RN)" means an individual who is licensed as a registered nurse under s. 441.06, Stats., or who has a temporary permit under s. 441.08, Stats., to practice as a registered nurse.

(44) "Registry" means the department's record of all persons who are eligible to be employed by a health care provider, and who have either:

(a) Successfully completed a training and competency evaluation program.

(b) Met the eligibility requirements under s. DHS 129.09 (5) to be included in the registry.

(45) "Restorative services" means the therapeutic practice, education and training to restore, promote, and maintain the client's fullest possible level of functioning.

(46) "Restraint" means any garment, device, or medication used primarily to modify client behavior by interfering with the free movement of the client or normal functioning of a portion of the body, and which the client is unable to remove easily, or confinement in a locked room, but does not include mechanical support.

(47) "Revocation" means withdrawal of a nurse aide training program's or competency evaluation program's approval for failing to comply with applicable state requirements specified in s. 146.40, Stats.

(48) "Rural medical center" has the meaning specified in s. 50.50(11), Stats.

(49) "Statement of deficiencies" means the official document on which the Department records citations.

(50) "Student nurse" means an individual who is enrolled in a school for professional nurses or a school for licensed practical nurses that meets standards established by the Board of Nursing under s. 441.01(4), Stats., and ch. N 1, or who has successfully completed the course work of a basic nursing course in any school that is approved by the Board of Nursing under s. 441.06(1) (a), Stats., but has not successfully completed the examination under s. 441.06(1) (e) or 441.10(1) (e), Stats.

(51) "Substantial change" means a change to the facility, agency, organization or person that administers the training; program designee; program site; the curriculum; the classroom; the clinical site; primary instructor; and program trainer.

(52) "Suspension" means a temporary withdrawal of the department's approval for a facility, agency or other organization to provide a training or competency evaluation program if the entity providing the program is not in compliance with an approval previously issued by the department.

(53) "Training program" means a program approved under this chapter to train nurse aides, feeding assistants or medication aides.

(54) "Variance" means the department's approval of an alternate requirement requested by a health care provider in place of a requirement of this chapter.

(55) "Waiver" means the department's approval of an exemption requested by a health care provider from a requirement of this chapter.

(56) "Waiver of prohibition" means an authorization for a program to be taught in but not by the entity's staff that has had its approval denied or withdrawn pursuant to Public Law 105-15, Section 1819(f) (2) and Section 1919 (f) (2) of the Social Security Act, and 42 U.S.C. 1395i3(f) (2) and 42 U.S.C. 1396r (f) (2).

Wis. Admin. Code Department of Health Services DHS 129.03

CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08; corrections in (1), (4), (21), (23), (27), (28) and (29) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; correction in (24) made under s. 13.92(4) (b) 6, Stats., Register February 2012 No. 674.

Amended by, correction in (50) made under s. 13.92(4) (b) 7, Stats., Register July 2015 No. 715, eff.8/1/2015.

Amended by, correction in (25) and (50) made under s. 13.92(4) (b) 7, Stats., Register November 2015 No. 719, eff.12/1/2015

Amended by, CR 16-088: cr. (30m) Register September 2017 No. 741, eff. 10/1/2017

Amended by, 2019 Wis. Act 1: am. (19) (c) Register May 2019 No. 761, eff. 6/1/2019

Amended by, CR 20-068: am. (18) Register November 2021 No. 792, eff. 1/1/2022

Amended by, CR 21-087: r. and recr. (30m), r. (31) Register June 2022 No. 798, eff. 7/1/2022