Rule 111-8-68-.03 - Definitions(1) "Abuse" means any unjustifiable intentional or grossly negligent act, exploitation or series of acts, or omission of acts which causes injury to a person, including but not limited to verbal abuse, assault or battery, failure to provide treatment or care, or sexual harassment.(2) "Administrator" means the person, by whatever title used, whom the governing body has delegated the responsibility for the management and operation of the facility including the implementation of the rules and policies adopted by the governing body.(3) "Behavior management" means those principles and techniques used by a facility to assist a patient in facilitating self-control, addressing inappropriate behavior, and achieving positive outcomes in a constructive and safe manner. Behavior management principles and techniques shall be used in accordance with the patient's treatment plan, written policies and procedures governing service expectations, treatment goals, safety, security, and these rules and regulations.(4) "Board" means the Board of the Department of Community Health.(5) "Board certified child psychiatrist" means a child psychiatrist who has successfully met the training and experience requirements and passed the examination in child psychiatry by the American Board of Psychiatry and Neurology.(6) "Board eligible child psychiatrist" means a child psychiatrist who has successfully met the training and experience requirements sufficient to be eligible for the examinations of the board.(7) "Child care staff" means those staff members who provide direct care to patients twenty-four (24) hours a day under professional supervision.(8) "Child psychiatrist" means a physician who successfully completed an accredited training program in child psychiatry consisting of two (2) years general psychiatry and two (2) years child psychiatry.(9) "Department" means the Department of Community Health of the State of Georgia.(10) "Emergency safety interventions" means those behavioral intervention techniques that are authorized under an emergency safety intervention plan and are utilized by properly trained staff in an urgent situation to prevent a patient from doing immediate harm to self or others.(11) "Emergency safety intervention plan" means the plan developed by the facility utilizing a nationally recognized, evidence-based, training program for emergency safety intervention. The plan shall clearly identify the emergency safety interventions staff may utilize and those that may never be used.(12) "Exploitation" means the illegal or improper use of a person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for another person's profit or advantage.(13) "Governing body" means the treatment facility authority created by the Georgia Hospital Act, O.C.G.A. § 31-7-72, the board of trustees, the partnership, the corporation, the association, the person or the group of persons who maintain and control the facility. The governing body may or may not be the owner of the properties in which the facility services are provided.(14) "Hospital" means any institution designed, equipped and staffed to receive two (2) or more persons for diagnosis, treatment and other health services under the supervision of a practitioner for periods continuing twenty-four (24) hours or longer, and in which professional policies are adopted by the governing body after consultation with the active professional staff.(15) "Manual hold" means the application of physical force, without the use of any device, for the purpose of restricting the free movement of a patient's body and is considered a form of restraint. A manual hold does not include briefly holding the patient without undue force to calm or comfort the patient, holding the patient by the hand or by the shoulders or back to walk the patient safely from one area to another where the patient is not forcefully resisting the assistance, or assisting the patient in voluntarily participating in activities of daily living or other functional activities.(16) "Mechanical restraint" means a device attached or adjacent to the patient's body that is not a prescribed and approved medical protection device, and that he or she cannot easily remove, that restricts freedom of movement or normal access to his or her body. A mechanical restraint does not include devices used to assist patients with appropriate positioning or posture secondary to physical impairments or disabilities.(17) "Multidisciplinary staff" means staff of various disciplinary backgrounds who can address the physical, social, mental, educational, recreational and other needs of the patient.(18) "Neglect" means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a person.(19) "Patient" means any person residing in a treatment facility for the express purpose of receiving diagnostic, treatment or other health services for physical or mental conditions.(20) "Patient safety interventions" means the safety observations, supervision, and methods developed and implemented by the facility to ensure the safety of patients.(21) "Patient safety plan" means the plan developed by the facility that outlines the requirements for patient monitoring to ensure the continuous provision of sufficient regular, special, and emergency observation and supervision of all patients twenty-four (24) hours a day.(22) "Permit" means authorization granted by the department to the governing body to operate a treatment facility and signifies substantial compliance with these rules and regulations.(23) "Plan of correction" means a written plan submitted by the governing body and acceptable to the Department. The plan shall identify the existing noncompliance of the treatment facility, the proposed procedures, methods, means and period of time to correct the noncompliance.(24) "Practitioner" means physician, dentist or osteopathic physician authorized to provide care in Georgia.(25) "Provisional permit" means authorization granted by the department to the governing body to operate a treatment facility on a conditional basis to allow a newly established treatment facility a reasonable but limited period of time to demonstrate operational procedures in substantial compliance with these rules and regulations; or to allow an existing treatment facility a reasonable length of time to comply with these rules and regulations, provided said treatment facility shall first present a plan of improvement acceptable to the department.(26) "Pharmacist" means any person who is licensed to practice in this State under the provisions of the Georgia Pharmacy Practice Act, O.C.G.A. § 26-4-5.(27) "Physician" means any person who is authorized to practice medicine in this State under the provisions of the Composite State Board of Medical Examiners, O.C.G.A. § 43-34-20et seq.(28) "Psychiatrist" means a physician who has successfully completed an accredited training program in psychiatry.(29) "Qualified psychiatric nurse" means a nurse who holds a masters degree in psychiatric nursing from an accredited school of nursing.(30) "Qualified psychologist" means any person who is licensed to practice in this State under the provisions of the Georgia Board of Examiners of Psychologists, O.C.G.A. § 43-39-1 and who has training and experience in child and adolescent psychology.(31) "Qualified social worker" means a social worker who has a masters degree in social work from an accredited school of social work.(32) "Registered Nurse" (R.N.) means any person who holds a current license as a registered nurse issued by the State of Georgia.(33) "Record(s)" means the individual files established and maintained by a facility which include data concerning a patient.(34) "Residential mental health facility for children and youth" or "facility" is a sub-classification of a "Specialized Hospital" and is defined as a facility providing twenty-four (24) hour care and having the primary functions of diagnosing and treating patients to age twenty-one (21) with psychiatric disorders to restore them to an optimal level of functioning.(35) "Seclusion" means the involuntary confinement of a patient away from other patients, due to imminent risk of harm to self or others, in a room or an area from which the patient is physically prevented from leaving.(36) "Shall" means a mandatory requirement.(37) "Specialized hospital" means any hospital which limits its admissions to persons whose physical or mental disability is of a specific class or type. The department shall use a sub classification which adequately describes the proposed service. This service shall be under the supervision of physicians.(38) "Supervision" means the continued responsibility of the facility to take reasonable action to provide for the health, safety, and well-being of a patient while under the supervision of the facility or the agent or employee of the facility, including protection from physical, emotional, social, moral, financial harm, and personal exploitation while in care. The facility is responsible for providing the degree of supervision indicated by the patient's age, developmental level, physical, emotional, and social needs.(39) "Time out" means a behavior management technique that restricts a patient for a brief period of time to a designated area from which the patient is not physically prevented from leaving, for the purpose of permitting the patient to de-escalate and for providing an opportunity for the patient to regain self-control.Ga. Comp. R. & Regs. R. 111-8-68-.03
O.C.G.A. Sec. 31-7-2.1.
Original Rule entitled "Definitions" adopted. F. July 14, 2010; eff. August 3, 2010.