W. Va. Code R. § 69-6-2 - Definitions

The following definitions are for the purposes of implementing this rule.

2.1. Abuse. 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. This presumes that instances of abuse of all residents, even those unaware that harm has occurred or those in a coma, cause physical harm, or pain or mental anguish. Abuse includes emotional abuse, physical abuse, sexual abuse, verbal abuse and involuntary seclusion.

2.2. Board of Review. Means the board of review organized in the Department pursuant to W.Va. Code §§ 9-2-6(12).

2.3. Department. West Virginia Department of Health and Human Resources.

2.4. Emotional Abuse. Subjecting or exposing a resident to behavior that may result in psychological trauma or injury. Emotional abuse includes: humiliating, harassing, teasing or threatening; unreasonably restricting a resident's contact with family, friends or other residents; unreasonably ignoring a resident's requests; threats of punishment or deprivation; or willfully violating a resident's rights, including confidentiality. Emotional abuse may also be referred to as psychological abuse, mental abuse, or psychosocial abuse.

2.5. Facility. A nursing home as defined in W. Va. Code § 16-5C-1 et seq. or an extended care facility operated in connection with a hospital as defined in W. Va. Code § 16-5B-1 et seq.

2.6. Involuntary Seclusion. Separation of a resident against the resident's will, or the will of the resident's legal representative. Seclusion includes separation of the resident from other residents, separation of the resident from his or her room, or confinement of a resident to his or her room, with or without roommates.

2.7. Misappropriation of Property. The deliberate misplacement, exploitation or wrongful use of a resident's belongings or money.

2.8. Neglect. The failure to provide goods and services necessary to avoid physical harm, or the significant threat of physical harm, mental anguish or mental illness unless such actions are beyond the nurse aide's control. Failure to report an incident or failure to appear in response to a subpoena, or both shall be considered neglect.

2.9. Nurse Aide or Nursing Assistant. Any individual who is not a licensed health care provider or registered dietitian or volunteer who provides nursing or nursing related services for hire to residents in a facility after successfully completing a state-approved training and competency evaluation program. The terms nurse aide and nursing assistant are considered interchangeable and have the same meaning.

2.10. Nurse Aide Abuse and Neglect Registry. A list of names of nurse aides who have been found by the Nurse Aide Program to have abused, neglected, or misappropriated the property of residents of a facility, along with any additional information such as documentation of the state's investigation, the hearing date and the results, as well as any written comments by the nurse aide.

2.11. Nurse Aide Program. The program within the Office of Health Facility Licensure and Certification (OHFLAC) responsible for oversight of the nurse aide training and competency evaluation programs throughout the state and maintenance of the Nurse Aide registries including the Nurse Aide Abuse and Neglect Registry.

2.12. Office of Health Facility Licensure and Certification (OHFLAC). The agency within the West Virginia Department of Health and Human Resources, responsible for oversight of the Nurse Aide Program.

2.13. Physical Abuse. Abuse resulting from nurse aide-to-resident contact including but not limited to striking the resident with a part of the body or with an object; shoving, pushing, pulling, pinching, tugging or twisting any part of the resident's body with fingers or nails; burning or sticking the resident with an object; engaging in physical contact that is knowing, intentional, reckless or careless that causes or is likely to cause death, physical injury, pain or psychological harm to the resident; inappropriate or improper use of restraints or isolation; acts of retaliation; and even in response to a physical attack. Physical abuse also includes controlling behavior through corporal punishment.

2.14. Secretary. The Secretary of the Department of Health and Human Resources, or his or her designee.

2.15. Sexual Abuse. Sexual harassment, sexual coercion, sexual exploitation, or sexual assault, sexual contact, or graphic images of a resident's body, including but not limited to, private areas.

2.16. Test-eligible Nurse Aide. Any individual who is not a licensed health care provider or registered dietitian or volunteer, who provides nursing or nursing related services for hire to residents in a nursing home after successfully completing a state-approved nurse aide training program, but who has not yet successfully completed the state-approved competency test. An individual may not work as a nurse aide or nursing assistant on a full-time basis for more than four months, unless the individual has passed the state-approved competency test.

2.17. Verbal Abuse. The use of oral, written or gestured language that willfully includes disparaging and derogatory terms to residents or their families, or within their hearing distance, regardless of their age, ability to comprehend, or disability. Examples of verbal abuse include, but are not limited to, threats of harm; saying things to frighten a resident, such as telling a resident that he or she will never be able to see his or her family again; intimidation; humiliation; threats of hostility, cr vulgarity.

Notes

W. Va. Code R. § 69-6-2