La. Admin. Code tit. 48 § I-8503

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-8503 - Definitions

Administrator - the person appointed by the governing body who is responsible for the day to day functions of the ICF/DD. The administrator can also be called a chief executive officer (CEO).

Bedroom Space - a distinct area used as a sleeping area.

Building Systems-plumbing, mechanical and electrical systems necessary for the complete operations of a facility.

Curator - a person appointed by the court when an individual is interdicted to act as guardian with either limited or full powers over the individual's estate and/or person, depending on the needs of the individual interdicted.

Department - the Louisiana Department of Health and Hospitals (DHH).

Developmental Disabilities (DD) - severe, chronic disabilities which are attributable to mental retardation, cerebral palsy, autism, epilepsy, or any other condition, other than mental illness, found to be closely related to mental retardation. This condition results in an impairment of general intellectual functioning or adaptive behavior similar to that of mental retardation, and requires treatment or services similar to those required for MR/DD, are manifested before the person reaches age 22 and are likely to continue indefinitely.

Discipline - training that is expected to produce a specified character or pattern of behavior, and especially is expected to produce moral or mental improvement.

Discipline - a field of study, a branch of instruction or learning, or a branch of knowledge or teaching.

Direct Service Management - the act of controlling the various aspects of ICF/DD involving direct services to individuals in order to ensure effective care and treatment.

Direct Service Worker-an employee of an ICF/DD who works directly with individuals as a major function of his/her job.

Existing Licensed Facility - a structure which has been licensed by the department and has received occupancy approval from the local/parish authorities or occupancy approval from Louisiana State Facility Planning and Control and the Office of the State Fire Marshal prior to the effective date of promulgation of these provisions as a final Rule.

Family - the natural or adoptive father, mother, brother, and sister, but may be interpreted broadly to include any person, whether related to the individual by blood or not, who resides in the individual's home and takes part in the individual's family life.

Governing Body - a person or persons with the ultimate responsibility for conducting the affairs of the ICF/DD. The governing body is responsible for appointing an administrator of the ICF/DD.

Intermediate Care Facility for Persons with Developmental Disabilities (ICF/DD) - any 24-hour residential facility, whether public or private, that provides services to individuals that meet the criteria to reside in that facility.

Individual - a person who receives services from an ICF/DD.

Legally Responsible Person - as appropriate, the parent(s) or tutor of a minor or the curator of an interdicted individual.

License - a written certification, whether provisional or regular, of an ICF/DD's authorization to operate under state law.

Living Units - an integral living space utilized by a particular group of individuals who reside in that space.

Major Renovation - any repair or replacement of building materials or equipment which does not meet the definition of minor alteration.

Minor Alteration - repair or replacement of building materials and equipment with materials and equipment of a similar type that does not diminish the level of construction beyond that which existed prior to the alteration. This does not include any alteration to the "functionality" or original design of the construction (for example, normal maintenance, re-roofing, painting, wallpapering, asbestos removal, and changes to the electrical and mechanical systems).

Parent - the natural or adoptive mother and father of an individual.

Passive Physical Restraint - the least amount of direct physical contact required on the part of a staff member to prevent an individual from harming himself/herself or others.

Psychotropic Medication - prescription medication given for the purpose of producing specific changes in mood, thought processes, or behavior. They exert specific effects on brain function and can be expected to bring about specific clinically beneficial responses in individuals for whom they are prescribed. The term as used in this policy does not include all drugs which affect the central nervous system, or which may have behavioral effects. For example, the term does not include anticonvulsants or hormones.

Qualified Mental Retardation Professional (QMRP) - the professionally qualified person responsible for overseeing the implementation of an individual's service plan. A QMRP is a person who has specialized training or one year of experience in training or one year of experience in treating or working with the mentally retarded as described in §8579 below.

Qualified Professional (QP) - a psychologist or physician as described in §8579 below.

Re-Establishment Facilities - an existing licensed facility that maintains its license while it has temporarily suspended operation in all or portions of a building due to substantial structural damage.

Replacement Facilities - an existing structure that has obtained substantial structural damage beyond repair and is being totally replaced at another site location or on the same site.

Restraint - the extraordinary restriction of an individual's freedom or freedom of movement.

Service Plan - a comprehensive, time-limited, goal-oriented, individualized plan for care, treatment, and education of an individual in care of an ICF/DD. The service plan is based on a current comprehensive evaluation of the individual's needs.

SIP - shelter in place.

Start of Construction - the date the construction permit was issued for new construction, provided that the actual start of construction commenced within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footing, the installation of piles, the construction of columns, or any other work beyond the stage of excavation; or the placement of a manufactured home. Permanent construction does not include land preparation such as clearing, grading, or filling; nor does it include excavation of a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial repair or substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure.

Structure - any building or other structure.

Substantial Structural Damage - damage of any origin sustained by a structure, whereby the cost of restoration to its pre-damaged condition equals or exceeds 50 percent of its pre-damaged market value, or equals or exceeds a smaller percentage established by the authority having jurisdiction. Evaluation shall be as determined and accepted by the Department of Public Safety, Office of the State Fire Marshal in accordance with RS 40:1574 C-G.

Time-Out Procedure - the isolation of an individual for a period of less than 30 minutes in an unlocked room.

Training - any activity outside the normal routine of the ICF/DD which promotes the development of skills related to individual care, increases the knowledge of the person involved in a related field or fosters the development of increased professionalism.

Treatment Strategy - an orientation or set of clinical techniques informed by a particular therapeutic model and used to meet a diagnosed need of an individual in care over and above the provisions of basic care.

Tutor - pursuant to Louisiana civil law, a person appointed to have the care of the person of a minor and the administration of his/her estate. There are four types of tutorship.

1. Tutorship by Nature. Upon the death of either parent, the tutorship of minor individuals belongs of right to the other parent. Upon divorce or judicial separation, the tutorship of each minor individual belongs of right to the parent under whose care he/she has been placed.

2. Tutorship by Will. The right of appointing a tutor belongs exclusively to the father or mother dying last. The appointment may be through the surviving parent's will or by declaration in notaries act executed before a notary public and two witnesses. If the parents are divorced or judicially separated, only one with court-appointed custody may appoint a tutor by will or notaries act.

3. Tutorship by the Effect of Law. When a tutor has not been appointed for a minor by the parent dying last, the court shall appoint the nearest ascendant in the direct line of the minor.

4. Tutorship by Appointment of the Judge. When a minor is an orphan and has had no tutor appointed by either parent, or any relation claiming tutorship by effect of law, the court shall appoint a tutor for the minor.

La. Admin. Code tit. 48, § I-8503

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3182 (December 2012).
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2180-2180.5.