NC DHSR CIHCPIS: Health Care Personnel Registry Definitions

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Definitions

Health Care Personnel Registry Definitions

The definitions are from G.S. 131E-256 of Article 15, 10A NCAC 13O and 10A NCAC 13D .2001.

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Abuse	Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. Abuse also includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain or mental anguish. It includes verbal abuse, sexual abuse, physical abuse, and mental abuse including abuse facilitated or enabled through the use of technology. Willful, as used in this definition of abuse, means the individual must have acted deliberately, not that the individual must have intended to inflict injury or harm. [10A NCAC 13O .0101(1); 42 CFR § 488.301]

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Direct access	Direct access when used in connection with the Health Care Personnel Registry includes any health care facility unlicensed staff that during the course of employment has the opportunity for direct contact with an individual or an individuals property, when that individual is a resident or person to whom services are provided [G.S. § 131E-256(c)].
Diversion of drugs	Diversion of drugs means the unauthorized taking or use of any drug [10A NCAC 13O .0101(2)].
Drug	Drug means any chemical compound that may be used on or administered to humans or animals as an aid in the diagnosis, treatment or prevention of disease or other condition or for the relief of pain or suffering or to control or improve any physiological pathologic condition [10A NCAC 13O .0101(3)].

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Finding	Finding (when used in conjunction with the Health Care Personnel Registry) means a determination by the Department that an allegation of resident abuse or neglect, misappropriation of resident or health care facility property, diversion of drugs belonging to a resident or health care facility, and fraud against a resident or health care facility has been substantiated [10A NCAC 13O .0101(4)].
Finding	Finding (when used in conjunction with the Nurse Aide program) means a determination by the Department that an allegation of patient abuse or neglect, or misappropriation of patient property has been substantiated (in nursing facilities) [10A NCAC 13D .2001(21)].
Fraud	Fraud means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person. It includes any act that constitutes fraud under applicable Federal or State law [10A NCAC 13O .0101(5)].

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Health Care Facility	Health Care Facility, when used in connection with the Health Care Personnel Registry, includes all of the following [10A NCAC 13O .0101(6); G.S. § 131E-256(b)]: Adult Care Homes as defined in G.S. §131D-2.1 Hospitals as defined in G.S. §131E-76 Home Care Agencies as defined in G.S. §131E-136 Nursing Pools as defined in G.S. §131E-154.2 Hospices as defined in G.S. §131E-201 Nursing Facilities as defined in G.S. §131E-255 State-Operated Facilities as defined in G.S. §122C-3(14)f Residential Facilities as defined in G.S. §122C-3(14)e 24-Hour Facilities as defined in G.S. §122C-3(14)g Licensable Facilities [for Mentally ill, Developmentally Disabled, and Substance Abusers] as defined in G.S. §122C-3(14)b Multiunit Assisted Housing with Services as defined in G.S. §131D-2.1 Community-Based Providers of Services for the Mentally Ill, Developmentally Disabled, and Substance Abusers not required to be licensed under Article 2 of Chapter 122C of the General Statutes Agencies providing in-home aide services funded through the Home and Community Care Block Grant Program in accordance with G.S. §143B-181.1(a)11
Health Care Personnel	Health Care Personnel means any unlicensed staff of a health care facility that has direct access to residents, clients, or their property [G.S. § 131E-256(c)].

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Misappropriation of resident property	Misappropriation of resident property means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent. [10A NCAC 13O .0101(8); 10A NCAC 13D .2001(32); 42 CFR § 488.301].
Misappropriation of the property of a health care facility	Misappropriation of the property of a health care facility means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a health care facility's property without the facility's consent [10A NCAC 13O .0101(9)].

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Neglect	Neglect is the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress. [10A NCAC 13O .0101(10); 42 CFR § 488.301].

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Resident	Resident when used in conjunction with the Health Care Personnel Registry means all the individuals residing in or being served by a health care facility as defined by G.S. § 131E-256 (b).

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