OAR 333-536-0005
Definitions
(1)
“Abuse.”(a)
As it applies to an adult, includes but is not limited to:(A)
Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.(B)
Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.(C)
Abandonment, including desertion or willful forsaking of a person or the withdrawal or neglect of duties and obligations owed a person.(D)
Willful infliction of physical pain or injury.(E)
Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to a person.(F)
Wrongfully taking or appropriating money or property, of knowingly subjecting a person to harm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the person to believe that the threat will be carried out.(G)
Sexual contact with a non-consenting person or with a person considered incapable of consenting to a sexual act as described in ORS 163.315 (Incapacity to consent). As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305 (Definitions).(b)
As is applies to a child, has the same meaning as “abuse” as that term is defined in ORS 419B.005 (Definitions).(2)
“Activities of daily living” means self-care activities that must be accomplished by an individual to meet his or her daily needs.(3)
“Agency” means In-Home Care Agency.(4)
“Branch office” means a location or site from which an in-home care agency provides services within a portion of the total geographic area served by the parent agency. The site of the branch office generally does not exceed one hour of travel time from the parent agency. The branch office is part of the in-home care agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch to independently meet the requirements of an in-home care agency.(5)
“Caregiver” means a person providing assistance with activities of daily living or assistance with personal care tasks, household and supportive services, or medication services as authorized by these rules.(6)
“Client representative” means:(a)
A parent, stepparent, foster parent, or other adult with primary caregiving responsibility for the client when the client is a child; or(b)
An individual, paid or unpaid, related or unrelated, who acts on behalf of, or cares for the client when the client is an adult.(7)
“Division” means the Public Health Division of the Oregon Health Authority.(8)
“Home health agency” has the meaning given that term in ORS 443.005.(9)
“Hospice program” has the meaning given that term in ORS 443.850 (Definitions for ORS 443.850 to 443.869).(10)
“In-home care agency” means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence. “In-home care agency” does not include a home health agency or portion of an agency providing home health services as defined in ORS 443.005.(11)
“In-home care services” means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services.(12)
“Licensed” means that the person or agency for which the term applies is currently licensed, certified, or registered by the proper authority within the State of Oregon.(13)
“Management experience” means the administration, supervision or management of individuals in a health related field including hiring, assigning, evaluating and taking disciplinary actions.(14)
“Medication administration” means administering medications to a client or directly supervising the client who is not able or not willing to self-direct, but may be physically able to perform the tasks. Medication administration includes but is not limited to taking the client’s medications from original containers and putting the medications into closed secondary containers designed and manufactured for this purpose.(15)
“Medication assistance” means helping the client who is able to self-direct with one or more steps in the process of taking medication, but does not mean medication administration as defined in these rules. Examples of medication assistance include, but are not limited to, opening the medication container, helping the client self-administer his or her medication, and assisting the client with one or more steps of medication administration at the client’s direction.(16)
“Medication reminding” means providing a client with an audio, visual or oral reminder to take his or her medication when a client is able to self-direct.(17)
“Medication services” means medication assistance or medication administration but does not include medication reminding.(18)
“Nursing services” means the provision of services that are deemed to be the practice of nursing as defined by ORS 678.010 (Definitions for ORS 678.010 to 678.410). These services include but are not limited to the delegation of specific tasks of nursing care to unlicensed persons in accordance with the Oregon State Board of Nursing administrative rules, chapter 851, division 047. Nursing services are not rehabilitative or curative, but are maintenance in nature.(19)
“Parent agency” means the in-home care agency that develops and maintains administrative controls of subunits or branch offices.(20)
“Personal care services” means the provision of or assistance with tasks intended to supplement a client’s own personal abilities which are necessary to accomplish the client’s activities of daily living and other activities as described in OAR 333-536-0045 (Services Provided)(1), and are preventive and maintaining in nature.(21)
“Professional experience” means having a nursing, medical, therapeutic license, certificate or degree used to work in a health-related field or program or completion of a Division approved training program.(22)
“Qualified entity” means an entity whose training program has been approved by the Division.(23)
“Qualified individual” means an individual who:(a)
Has completed a Division approved training program; or(b)
Is currently licensed as a registered nurse, practical nurse, physician assistant, or pharmacist; or(c)
Is another health care professional not listed in subsection (23)(b) who has been approved by the Division to conduct training.(24)
“Registered nurse” (RN) means a person licensed under ORS Chapter 678 (Nurses).(25)
“Schedule caregivers” means to plan appointments for caregivers to deliver specific in-home care services to clients; the times and dates of these appointments are set by the in-home care agency.(26)
“Self-direct” means to be oriented and to know:(a)
The reason why each medication is taken, i.e. for what condition;(b)
The amount or dose of medication that needs to be taken;(c)
The route the medication needs to be taken; and(d)
The time of day the medication needs to be taken.(27)
“Stable and predictable” means a situation where the client’s clinical and behavioral state is known, not characterized by rapid changes, and does not require continuous reassessment and evaluation.(28)
“Subunit” means an in-home care agency that provides for a parent agency in a geographic area different from that of the parent agency and generally exceeding one hour of travel time from the location of the parent agency.(29)
“Survey” means an inspection of an applicant for an in-home care agency license or a licensed in-home care agency to determine the extent to which the applicant or in-home care agency is in compliance with state in-home care agency statutes and these rules.
Source:
Rule 333-536-0005 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-536-0005.