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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 22. Social Services |
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Agency 40. Department of Social Services |
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Chapter 60. Standards and Regulations for Licensed Adult Day Care Centers |
Section 10. Definitions
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Part I. General Provisions
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administer medication" means to open a container of medicine or to remove the prescribed dosage and to give it to the participant for whom it is prescribed.
Section 54.1-3408 of the Code of Virginia states that only persons authorized by state law may administer drugs. People authorized to administer medication include licensed physicians, registered nurses, licensed practical nurses, physician assistants, and other individuals who meet the requirements of the law. In addition to these persons designated by law, a person may administer medications who has satisfactorily completed a training program for this purpose approved by the Board of Nursing and who administers such drugs in accordance with a physician's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with regulations promulgated by the Board of Pharmacy relating to security and recordkeeping, when the drugs administered would be normally self-administered by a program participant in an adult day care center licensed by the Department of Social Services.
"Adult" means any person 18 years of age or older.
"Adult day care center" means " any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage." (§ 63.2-100 of the Code of Virginia)
"Advance directive" means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54.1-2983 of the Code of Virginia, or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 54.1-2983 of the Code of Virginia.
"Ambulatory" means the condition of a participant who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by the Uniform Statewide Building Code without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such participant may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate.
"Care" means assistance with the activities and tasks of daily living provided to participants.
"Character and reputation" means findings have established that knowledgeable and objective people agree that the subject maintains business and professional, family, and community relationships which are characterized by honesty, fairness, truthfulness, and a concern for the well-being of others to the extent that the subject is considered suitable to be entrusted with the health, safety, and welfare of aged, infirm, or disabled adults.
"Commissioner" means the Commissioner of Social Services, also known as the Director of the Virginia Department of Social Services.
"Communicable disease" means a disease that may be transmitted directly or indirectly from one individual to another.
"Contrast" means a significant difference in diversity of adjacent parts by color, tone, or light.
"Department" means the Virginia Department of Social Services.
"Department's representative" means an employee or designee of the Virginia Department of Social Services who is acting as the authorized agent of the Commissioner of Social Services.
"Direct care staff" means the staff in an adult day care center who are actively providing care, guidance, and interaction with participants.
"Director" means the person who has been delegated responsibility for the programmatic and administrative functions of the adult day care program.
"Disabled" means the inability to perform some or all of the activities and tasks of daily living due to physical or mental impairments or injuries.
"Infirm" means the inability to perform some or all of the activities and tasks of daily living because of weakness or illness.
"Legal guardian" means an individual who has legal control and management of the person, or the property, or of both the person and the property of the participant. A legal guardian is appointed by a court. A legal guardian of the person is appointed to see that the participant has proper care and supervision in keeping with his needs. A legal guardian of the property is appointed to manage the financial affairs in the best interest of the participant.
"Licensee" means any person, association, partnership, corporation or governmental unit to whom the license is issued.
"Licensed health care professional" means any health care professional currently licensed by the Commonwealth of Virginia to practice within the scope of his profession, such as a clinical social worker, dentist, licensed practical nurse, nurse practitioner, pharmacist, physical therapist, physician, physician assistant, psychologist, registered nurse, and speech-language pathologist.
"Licensed practical nurse" means any individual who holds a current, valid, license from the Commonwealth of Virginia as an L.P.N.
"Nonambulatory" means the condition of a participant of an adult day care center who by reason of physical or mental impairment is not capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by the Uniform Statewide Building Code without the assistance of another person, or from the structure itself without the assistance of another person if there is no such safe refuge area within the structure.
"Nurse" means any individual who holds a current, valid license from the Commonwealth of Virginia as a licensed practical nurse or as a registered nurse.
"Participant" means an aged, infirm or disabled adult who takes part in the program of care and receives services from the center.
"Personal representative" means the person representing or standing in the place of the resident for the conduct of his affairs. This may include a guardian, committee, attorney-in-fact under the durable power of attorney, next of kin, descendant, trustee, or other person expressly named by the participant as his agent.
"Physician" means any individual licensed to practice medicine in any of the 50 states or the District of Columbia.
"Program director" means the person responsible for programmatic functions and supervision of all staff who work directly with participants.
"Protection" means the intent to prevent harm and to provide oversight of the participant.
"Registered nurse" means any individual who holds a current, valid license from the Commonwealth of Virginia as an R.N.
"Respite care" means temporary care given to a person to relieve family members or other caregivers. These standards apply only if respite care is provided during part of the day. If 24-hour respite care is planned or provided for four or more people, the Standards for Licensed Assisted Living Facilities (22VAC40-72) shall apply.
"Snack" means a light meal or nutritious meal supplement.
"Sponsor" means an individual, partnership, association, or corporation responsible for the operation of an adult day care center subject to licensure.
"Staff or staff person" means compensated administrative, program, and service personnel including the licensee when the licensee is an individual.
"Standard precautions" means an approach to infection control. According to the concept of standard precautions, all human blood and certain human body fluids are treated as if known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus, and other blood borne pathogens.
"Supplementary care" means a part of the total care that is required by participants. Supplementary care augments the care that the family or other persons provide. Care provided by an adult day care center is supplementary care.
"Supervision" means the general oversight of the physical and mental well-being of participants.
"These standards" means the requirements in this chapter, 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers.
"Volunteer" means a person who works at the center and:
1. Is not compensated; and
2. Is supervised by a staff member when working with participants.
Historical Notes
Derived from VR615-21-02 § 1.1, eff. April 1, 1987; amended, Volume 16, Issue 12, eff. July 1, 2000; Volume 28, Issue 14, eff. April 11, 2012; Errata, 28:15 VA.R. 1311 March 26, 2012.