Section 22-B3899. DEFINITIONS

 

3899.1For purposes of this chapter, the following terms shall have the meanings described:

 

Activities of daily living -

 

(a)Ambulating and transferring;

 

(b)Bathing, dressing, and grooming;

 

(c)Toileting; and

 

(d)Eating.

 

Active substance abuse - the overuse of alcohol or prescriptive drugs or the use of nonprescriptive drugs over a six (6) month period that interferes with a person’s capacity to carry out activities of daily living or participate in mental health treatment and support services.

 

Ambulatory - the ability to move from one place to another without mechanical or personal assistance.

 

Case management - the coordination of services for residents in accordance with the Individual Treatment Plan to ensure that planned treatment and residential and supportive services necessary to community adjustment and continuity of care are provided for each resident.

 

CMHS - Commission on Mental Health Services

 

CMHS designated case manager - the individual designated as the resident's case manager by the Commission on Mental Health Services. The case manager may be either CMHS staff or a staff person of a contractor of the District of Columbia.

 

Consulting physician - a licensed physician who is available to the facility to provide medical consultation related to resident care policies and procedures and who provides medical care in the facility in emergencies or the absence of the resident's private physician.

 

Contract agency - any private, non-profit or for-profit entity/individual that provides a service under contract with the District of Columbia.

 

Crisis stabilization bed - a bed provided in a residential setting that offers substantial quantities of psychological assistance to individuals in psychiatric crisis, until the immediate emotional crisis passes and an acceptable level of stability is regained, usually within thirty (30) days.

 

Dentist - an individual who is currently licensed to practice dentistry in the District of Columbia.

 

DCRA - Department of Consumer and Regulatory Affairs.

 

DHS - Department of Human Services.

 

DHS Director’s designee - a person designated by the Director, DHS to act on behalf of the Director, DHS.

 

Diagnosed psychiatric disorder - a psychiatric diagnosis by a licensed psychiatrist or licensed psychologist, according to the criteria enumerated in the DSM-III-R or IV Manual, including any mental illness as defined in D.C. Code, 2001 Ed. § 21-501.

 

Dietician - an individual who meets the qualifications and standards for membership in the American Dietetic Association, and who applies the principles of nutrition and management to menu planning, food preparation and service.

 

Food service personnel or employees - persons who prepare or serve food or who are involved in the use or maintenance of kitchen equipment, or sanitation and housekeeping functions associated with the preparation and service of food.

 

Full time - the number of days per week and hours per day that constitute the regularly scheduled week.

 

Habitable room - undivided, enclosed space with natural light and ventilation, including rooms for living, eating and sleeping, that comply with applicable District of Columbia building codes, rules and regulations.

 

Home health care - nursing and specialized rehabilitative services such as speech, physical and occupational therapy, home health aide support, and social work services.

 

Home-like environment - an environment in which the amenities and living areas are suitable for long-term residence by individuals and are similar to those found in typical private residences or apartments.

 

Independence - the quality of being self-reliant and free from the control of others.

 

Independent living - living alone, with friends or relatives in private homes, apartments or rooming houses.

 

Individual Treatment Plan (ITP) - a written plan for a resident’s continued treatment and care that includes goals, objectives and interventions developed by a mufti disciplinary treatment team in consultation with the client.

 

Intermittent nursing care - simple nursing care tasks provided on a periodic basis in a residence home under the supervision of a registered nurse, including blood pressure monitoring and dressing changes.

 

Legal representative - any person or entity authorized by law to act on behalf of another as a fiduciary or in a representative capacity.

 

Licensed Practical Nurse (LPN) - a person who is currently licensed to practice as an LPN in the District of Columbia.

 

Licensee - a person or entity to whom a license to operate a mental health community residence facility is issued, and who is legally responsible for the operation of the facility.

 

Limited nursing care - simple nursing tasks provided in the home under the supervision of a registered nurse on a regular basis, including insulin injections or blood pressure monitoring.

 

Long-Term Care Ombudsman - the person designated under 42 U.S.C. § 3027(a)(12) and referenced in § 101(7) of the Nursing Home and Community Residence Facility Residents Protection Act of 1985, effective March 16, 1989 (D.C. Code, 2001 Ed. § 44-1001.01(7)) to perform the functions of the Long Term Care Ombudsman in the District of Columbia.

 

Medication supervision - direct oversight by staff of a resident who administers her or his own medication.

 

Mental health professionals - persons who are specifically trained and, if required, licensed to provide services to mentally ill persons.

 

MHCRF - Mental Health Community Residence Facility.

 

Non-ambulatory - the inability to walk without personal or mechanical assistance.

 

Occupational therapist - a person who is licensed as an occupational therapist in the District of Columbia.

 

Owner - any person who, individually or with others, has legal title to any building or premises that is arranged, designed or used, in whole or in part, to house one (1) or more persons with mental illness.

 

Permissible occupancy - the maximum number of residents for which a facility is licensed to provide care.

 

Person - an individual, partnership, corporation, association, executor, administrator, guardian, trustee, or agency.

 

Personal assistance - help with grooming, bathing, eating, walking, toileting, personal money management, budgeting, making appointments, arranging transportation and other activities associated with daily living, Personal assistance may involve supervision, prompting, oversight, or hands-on care.

 

Personal care attendant - a person who is trained and certified to provide hands-on assistance to an individual who needs or desires personal assistance.

 

Pharmacist - a person who is currently licensed to practice pharmacy in the District of Columbia.

 

Physical therapist - a person currently licensed to practice physical therapy in the District of Columbia.

 

Principal diagnosis of mental illness - the condition chiefly responsible for the evaluation or admission to clinical care and the main focus of attention or treatment. The principal diagnosis of mental illness shall be made by a licensed professional who is authorized by law to evaluate or admit to clinical care.

 

Professional nursing services - services that pertain to the curative, restorative, and preventive aspects of nursing care that are performed or supervised by a licensed registered nurse or licensed practical nurse under the direction of a physician.

 

Program statement - a written, accurate statement or description of a community residence facility’s program and facilities.

 

Provider - a person or agency that provides mental health and support services to a resident, including but not limited to the CMHS Mental Health Services; Community Mental Health Centers; the Emergency Psychiatric Response Division; agencies that contract with the District of Columbia to provide mental health, medical and other services; hospitals; private clinics; and Medicaid providers.

 

Registered Nurse (RN) - a person who is currently licensed to practice as a registered nurse in the District of Columbia.

 

Rehabilitation services - services that are appropriate for a resident who has some continued need on a one-on-one basis for additional teaching, assistance or support in the performance of activities of daily living and social competency within the resident’s community residence facility which may be an adjunct to such a day activity program.

 

Representative - “Resident representative” as defined in § 101(11) of the Nursing Home and Community Residence Facility Residents Protection Act of 1985, effective March 16, 1989 (D.C. Code, 2001 Ed. § 44-1001.01(11)).

 

Residence director - the person responsible for supervising the day to day operation of the community residence facility.

 

Resident - an individual other than community residence facility personnel or the Residence Director who resides in a facility.

 

Restraints -

 

(a)Physical - a physical or mechanical device, material, or equipment attached or adjacent to a resident’s body that restricts freedom of movement or normal access to a person’s body and cannot be removed easily, including leg restraints, arm restraints, hand mitts, soft ties or vests, wheelchair safety bars, and geriatric chairs.

 

(b)Chemical - medication administered by MHCRF staff, at their discretion, to control behavioral outbursts, for discipline, or for the convenience of the staff, but does not include medication prescribed by a physician to treat symptoms or behaviors related to the resident’s mental illness when used in the manner prescribed.

 

Self-medication - the taking of medication by a resident without direct assistance and with minimal supervision.

 

Social worker - a person currently licensed to practice social work in the District of Columbia.

 

Supervision - direct or indirect oversight and responsibility for an act, function, or activity.

 

Supported independent living - means living alone, with friends or with a group of compatible persons in an apartment or house, with assistance and training in daily-living activities, home management and community skills. The assistance maybe provided in or outside the residence, on a scheduled basis as frequently as determined by the resident’s Individualized Treatment Plan, but less than twenty-four (24) hours by persons who do not live in the residence.

 

Supportive services - assistance to residents in maintaining adequate personal hygiene, nutrition, social, community and family activities; supervision of the taking of prescribed medications; and assistance to residents in obtaining adequate medical, social, and health services.

 

Therapeutic diet - a regimen prescribed by a physician for the treatment of a resident with a specific illness through modification or control of calories, increase or decrease of nutrients, changes in texture of food, or restriction of specific ingredients.

 

Unusual incident - any significant occurrence or extraordinary event that is different from regular routine activities or that varies from established procedures.

 

Volunteer - a person who donates his or her services to a specific MHCRF by his or her free choice and without payment for the services rendered.

 

source

Final Rulemaking published at 42 DCR 569, 605 (January 27, 1995).