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4668.0003 DEFINITIONS.

Subpart 1.

Scope.

As used in parts 4668.0002 to 4668.0870, the terms in subparts 2 to 45 have the meanings given them.

Subp. 2.

Ambulatory.

"Ambulatory" means the ability to move about and transfer between locations without the assistance of another person, either with or without the assistance of a walking device or wheel chair.

Subp. 2a.

Assistance with self-administration of medication.

"Assistance with self-administration of medication" means performing a task to enable a client to self-administer medication, including:

A.

bringing the medication to the client;

B.

opening a container containing medications set up by a nurse, physician, or pharmacist;

C.

emptying the contents from the container into the client's hand;

D.

providing liquids or nutrition to accompany medication that a client is self-administering; or

E.

reporting information to a nurse regarding concerns about a client's self-administration of medication.

Subp. 2b.

Class F home care provider.

"Class F home care provider" has the meaning given in Minnesota Statutes, section 144A.4605, subdivision 1.

Subp. 2c.

Assisted living home care service.

"Assisted living home care service" means a nursing service, delegated nursing service, other service performed by an unlicensed person, or central storage of medications provided solely for a resident of a housing with services establishment registered under Minnesota Statutes, chapter 144D.

Subp. 3.

Assisted living services.

"Assisted living services," as provided under a class E home care license, means individualized home care aide tasks or home management tasks provided to clients of a residential center in their living units, and provided either by the management of the residential center or by providers under contract with the management. In this subpart, "individualized" means chosen and designed specifically for each client's needs, rather than provided or offered to all clients regardless of their illnesses, disabilities, or physical conditions.

Subp. 4.

Business.

"Business" means an individual or other legal entity that provides services to persons in their homes.

Subp. 5.

Client.

"Client" means a person to whom a home care provider provides home care services.

Subp. 6.

Commissioner.

"Commissioner" means the commissioner of health.

Subp. 7.

Contract.

"Contract" means a legally binding agreement, whether in writing or not.

Subp. 8.

Department.

"Department" means the Minnesota Department of Health.

Subp. 9.

Home care aide tasks.

"Home care aide tasks" means those services specified in part 4668.0110, subpart 1.

Subp. 10.

Home care provider or provider.

"Home care provider" or "provider" has the meaning given to home care provider by Minnesota Statutes, section 144A.43, subdivision 4.

Subp. 11.

Home care service.

"Home care service" has the meaning given it in Minnesota Statutes, section 144A.43, subdivision 3.

Subp. 12.

Home health aide tasks.

"Home health aide tasks" means those tasks allowed in part 4668.0100, subpart 1.

Subp. 13.

Home management services.

"Home management services" has the meaning given it in Minnesota Statutes, section 144A.43, subdivision 3, clause (8).

Subp. 14.

Home management tasks.

"Home management tasks" means all home management services that are not home health aide or home care aide tasks.

Subp. 15.

[Repealed, 28 SR 1639]

Subp. 16.

Hospital.

"Hospital" means a facility licensed as a hospital under chapter 4640 and Minnesota Statutes, sections 144.50 to 144.56.

Subp. 17.

Inpatient facility.

"Inpatient facility" means a hospital or nursing home.

Subp. 17a.

Legend drug.

"Legend drug" has the meaning given in Minnesota Statutes, section 151.01, subdivision 17.

Subp. 18.

Licensee.

"Licensee" means a home care provider that is licensed under parts 4668.0002 to 4668.0870 and Minnesota Statutes, sections 144A.43 to 144A.47.

Subp. 19.

Licensed practical nurse.

"Licensed practical nurse" has the meaning given it by Minnesota Statutes, section 148.171, subdivision 8.

Subp. 20.

Managerial official.

"Managerial official" means a director, officer, trustee, or employee of a provider, however designated, who has the authority to establish or control business policy.

Subp. 21.

Medical social work or medical social services.

"Medical social work" or "medical social services" means social work related to the medical, health, or supportive care of clients.

Subp. 21a.

Medication administration.

"Medication administration" means performing a task to ensure a client takes a medication, and includes the following tasks, performed in the following order:

A.

checking the client's medication record;

B.

preparing the medication for administration;

C.

administering the medication to the client;

D.

documenting after administration, or the reason for not administering the medication as ordered; and

E.

reporting information to a nurse regarding concerns about the medication or the client's refusal to take the medication.

Subp. 21b.

Medication reminder.

"Medication reminder" means providing a verbal or visual reminder to a client to take medication.

Subp. 22.

Nurse.

"Nurse" means a registered nurse or licensed practical nurse.

Subp. 23.

Nursing home.

"Nursing home" means a facility licensed under Minnesota Statutes, sections 144A.01 to 144A.16.

Subp. 24.

Nutritional services.

"Nutritional services" means the services provided by a dietitian, including evaluation of a client's nutritional status and recommendation for changes in nutritional care; planning, organizing, and coordinating nutritional parts of other health services; adapting a medically ordered diet to the needs and understanding of the client; and translating the recommendations for nutritional care into appropriate food selection and food preparation guidelines.

Subp. 25.

Occupational therapist.

"Occupational therapist" means a person who performs occupational therapy.

Subp. 26.

Occupational therapy.

"Occupational therapy" means services designed to assist a client, who has functional disabilities related to developmental, restorative, or health needs, to adapt the client's environment and skills to aid in the performance of daily living tasks.

Subp. 26a.

Oral hygiene.

"Oral hygiene" means care of teeth, gums, and oral prosthetic devices.

Subp. 26b.

Over-the-counter drug.

"Over-the-counter drug" means a drug that is not required by federal law to bear the statement "Caution: Federal law prohibits dispensing without prescription," and as a result, may be sold without a prescription.

Subp. 27.

Owner.

"Owner" means a:

A.

proprietor;

B.

general partner;

C.

limited partner who has five percent or more of equity interest in a limited partnership;

D.

person who owns or controls voting stock in a corporation in an amount equal to or greater than five percent of the shares issued and outstanding; or

E.

corporation that owns an equity interest in a licensee or applicant for a license.

Subp. 28.

Paraprofessional.

"Paraprofessional" means a person who performs home health aide, home care aide, or home management tasks.

Subp. 28a.

Pharmacist.

"Pharmacist" means a person currently licensed under Minnesota Statutes, chapter 151.

Subp. 29.

Physical therapist.

"Physical therapist" has the meaning given by Minnesota Statutes, section 148.65, subdivision 2.

Subp. 30.

Physical therapy.

"Physical therapy" has the meaning given by Minnesota Statutes, section 148.65, subdivision 1.

Subp. 31.

Physician.

"Physician" means a person licensed under Minnesota Statutes, chapter 147.

Subp. 32.

Prescriber.

"Prescriber" means a person who is authorized by law to prescribe legend drugs.

Subp. 33.

Registered nurse.

"Registered nurse" has the meaning given it by Minnesota Statutes, section 148.171, subdivision 20.

Subp. 34.

Regularly scheduled.

"Regularly scheduled" means ordered or planned to be completed at predetermined times or according to a predetermined routine.

Subp. 35.

Residential center.

"Residential center" means a building or complex of contiguous or adjacent buildings in which clients rent or own distinct living units.

Subp. 36.

Respiratory therapist.

"Respiratory therapist" means a person who performs respiratory therapy.

Subp. 37.

Respiratory therapy.

"Respiratory therapy" means therapeutic services provided under medical orders for the assessment, treatment, management, diagnostic evaluation, and care of clients with deficiencies, abnormalities, and diseases of the cardiopulmonary system.

Subp. 38.

Responsible person.

"Responsible person" means a person who, because of the client's incapacity, makes decisions about the client's care on behalf of the client. A responsible person may be a guardian, conservator, attorney-in-fact, family member, or other agent of the client. Nothing in this chapter expands or diminishes the rights of persons to act on behalf of clients under other law.

Subp. 39.

Social work.

"Social work" has the meaning of "social work practice" as defined by Minnesota Statutes, section 148B.18, subdivision 11.

Subp. 40.

Speech therapy.

"Speech therapy" means diagnostic, screening, preventive, or corrective services for clients with speech, hearing, and language disorders.

Subp. 41.

Survey.

"Survey" means an inspection of a licensee or applicant for licensure for compliance with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47. Surveys include investigations of complaints.

Subp. 42.

Surveyor.

"Surveyor" means a representative of the department authorized by the commissioner to conduct surveys of licensees.

Subp. 43.

Therapist.

"Therapist" means a respiratory therapist, physical therapist, occupational therapist, speech therapist, or provider of nutritional services.

Subp. 44.

Unit of government.

"Unit of government" means every city, county, town, school district, other political subdivisions of the state, and any agency of the state or the United States, and includes any instrumentality of a unit of government.

Subp. 44a.

Unlicensed person.

"Unlicensed person" means a person who is employed by the licensee and who is not a nurse. Unlicensed person does not include nonemployee family members, nonemployee significant others, and nonemployee responsible persons.

Subp. 45.

Verbal.

"Verbal" means oral and not in writing.

Statutory Authority:

MS s 144A.45; 144A.46; 144A.47; 144A.48; 144A.752

History:

17 SR 2454; L 1999 c 172 s 18; 24 SR 141; 28 SR 1639; L 2006 c 282 art 19 s 19

Published Electronically:

July 3, 2013

Official Publication of the State of Minnesota
Revisor of Statutes