HAR §11-98-01. Purpose

This chapter establishes minimum requirements for the protection of the health, welfare, and safety of residents, personnel and the public in special treatment facilities. This chapter shall not be construed as lowering standards or rules established by other divisions or subdivisions of government. In all instances the more stringent rules shall apply. [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10, 321-11) (Imp: HRS §§321-10, 321-11) §11-98-02 Definitions as used in this chapter: "Administrator" or "executive director" mean the person who has charge, care, control of or responsibility for the manage meat of the facility and the program. "Cardiopulmonary resuscitation" or "CPR" means an emergency first aid procedure that consists of opening and maintaining a patient's airway, providing artificial ventilation by means of rescue breathing, and providing artificial circulation by means of external cardiac compression. "Department" means the department of health. "Dietitian" means a person who: (1) Is registered by the Commission on Dietetics Registration; or (2) Is eligible for such registration. "Director" means the director of health. "Facility" means the building or buildings which house the program. "Incident report" means a written record of any unusual occurrence either resulting, or with the potential of, personal injury or facility damage. "License" means a license issued by the department certifying the compliance with all existing Hawaii state laws and rules relative to operation of a special treatment facility. "Program" means the evaluation, counseling, prevention, habilitation, rehabilitation or services directed toward achieving social, emotional, mental and physical restoration of the residents. "Program director" means the person designated by the administrator who is responsible for all facets of the therapeutic program. The program director may be the sane person as the administrator. "Provisional license" means a license issued for a specified period of time at the discretion of the director in order to allow additional time for compliance with all licensing requirements. "Resident" means an individual admitted to the program and residing in the facility. "Resident records" means the collection of medical, social and therapeutic information about a given resident. "Special treatment facility" means a facility which provides a therapeutic residential program for care, diagnoses, treatment or rehabilitation services for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons. "Staff" means all personnel required to carry out all maintenance, management, housekeeping, treatment programs and services, whether employed, arranged for or contracted for, or full or part-time, of the facility. Staff implies that the personnel is paid as opposed to persons who volunteer their services. "Tuberculin skin test" means an interdermal injection of .0001 mg. (five tuberculin units) of purified protein derivative in 0.1 cc of sterile diluent. If the size of any resulting palpable induration at forty-eight hours or seventy-two hours after injection is greater than 10 mm in its transverse diameter, the reaction to the skin test shall be considered significant. "Waiver" means an exemption for a period of one year or less, from a specific rule which may be permitted a facility for a specified period of time, at the discretion of the director. [Eff MAR 10 1986] (Auth: HRS §§26-13, 321-11) (Imp: HRS §§321-10, 321-11)