2005 Idaho Code - 39-3302 — DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 33
                IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT
    39-3302.  DEFINITIONS. As used in this chapter:
    (1)  "Abuse" means a nonaccidental act of sexual, physical or mental
mistreatment or injury of a resident through the action or inaction of another
individual.
    (2)  "Activities of daily living" means the performance of basic self-care
activities in meeting an individual's needs to sustain him in a daily living
environment.
    (3)  "Administrator" means an individual, properly licensed by the bureau
of occupational licensing, who is responsible for day-to-day operation of a
residential care or assisted living facility.
    (4)  "Adult" means a person who has attained the age of eighteen (18)
years.
    (5)  "Advocate" means an authorized or designated representative of a
program or organization operating under federal or state mandate to represent
the interests of mentally ill, developmentally disabled, or elderly residents.
    (6)  "Assessment" means the conclusion reached using uniform criteria
which identifies resident strengths, weaknesses, risks and needs, to include
functional, medical and behavioral needs. The assessment criteria shall be
developed by the department and residential care or assisted living council.
    (7)  "Authorized provider" in this chapter means an individual who is a
nurse practitioner or clinical nurse specialist or a physician assistant.
    (8)  "Board" means the board of health and welfare.
    (9)  "Chemical restraint" means a medication used to control behavior or
to restrict freedom of movement and is not a standard treatment for the
resident's condition.
    (10) "Core issues" means abuse, neglect, exploitation, inadequate care, a
situation in which the facility has operated for more than thirty (30) days
without a licensed administrator designated the responsibility for the
day-to-day operations of the facility, inoperable fire detection or
extinguishing systems with no fire watch in place pending the correction of
the system, and surveyors denied access to records, residents or facilities.
    (11) "Department" means the Idaho department of health and welfare.
    (12) "Director" means the director of the Idaho department of health and
welfare.
    (13) "Exploitation" means the misuse of a resident's funds, property,
resources, identity or person for profit or advantage.
    (14) "Facility" means a residential care or assisted living facility.
    (15) "Governmental unit" means the state, any county, any city, other
political subdivision, or any department, division, board, or other agency
thereof.
    (16) "Inadequate care" occurs when a facility fails to provide the
services required to meet the terms of the negotiated service agreement or
provide for room, board, activities of daily living, supervision, first aid,
assistance and monitoring of medications, emergency intervention, coordination
of outside services, a safe living environment; or engages in violations of
resident's rights, or takes residents who have been admitted in violation of
the provisions of section 39-3307, Idaho Code.
    (17) "License" means a basic permit to operate a residential care or
assisted living facility.
    (18) "Licensee" means the owner of a license to operate a residential care
or assisted living facility under this chapter.
    (19) "Licensing agency" means the unit of the department of health and
welfare that conducts inspections and surveys and issues licenses based on
compliance with this chapter.
    (20) "Neglect" means failure to provide food, clothing, shelter, or
medical care necessary to sustain the life and health of a resident.
    (21) "Negotiated service agreement" means the agreement reached by the
resident and/or their representative and the facility, based on the
assessment, physician's orders, admission records, and desires of the
resident, and which outlines services to be provided and the obligations of
the facility and the resident.
    (22) "Personal assistance" means the provision by the staff of the
facility of one (1) or more of the following services:
    (a)  Assisting the resident with activities of daily living.
    (b)  Arranging for supportive services.
    (c)  Being aware of the resident's general whereabouts.
    (d)  Monitoring the activities of the resident while on the premises of
    the facility to ensure the resident's health, safety and well-being.
    (23) "Political subdivision" means a city or county.
    (24) "Resident" means an adult who lives in a residential care or assisted
living facility.
    (25) "Residential care or assisted living facility" means a facility or
residence, however named, operated on either a profit or nonprofit basis for
the purpose of providing necessary supervision, personal assistance, meals and
lodging to three (3) or more adults not related to the owner.
    (26) "Room and board" means lodging and meals.
    (27) "Substantial compliance" means a facility has no core issue
deficiencies.
    (28) "Supervision" means administrative activity which provides the
following: protection, guidance, knowledge of the resident's general
whereabouts, and assistance with activities of daily living. The administrator
is responsible for providing appropriate supervision based on each resident's
negotiated service agreement or other legal requirements.
    (29) "Supportive services" means the specific services that are provided
to the resident in the community.