15 MAC Pt. 16, R. 3.2.1
General
Cite as 15 Miss. Admin. Code Pt. 16, R. 3.2.1
General. A listing of terms often used in connection with the rules and
regulations and standards follows:
1. Basic Services. Include, but are not limited to development, implementation and
monitoring of a comprehensive protocol of care, developed in conjunction with the
parent or guardian, which specifies the medical, nursing, psychosocial and
developmental therapies required by the medically dependent or technologically
dependent child served as well as the caregiver training needs of the child’s legal
guardian.
2. Child Development Specialist. Shall mean an individual with a master’s degree
in child development or a related field with at least one year of experience in trans-
disciplinary evaluation and treatment planning for children who are at risk of
experiencing developmental delay.
3. Child Life Specialist. Shall mean an individual with a baccalaureate degree in
child life, early childhood education or a related field and at least one year of
experience in planning and implementing developmental stimulation programs for
children.
4. Criminal History Record Check. For purposes of the requirement for a criminal
history record check:
a. Employee -For the purpose of fingerprinting and criminal background history
checks, employee shall mean any individual employed by a covered entity.
The term “employee” also includes any individual who by contract with a
covered entity provides patient care in a patient’s, resident’s, or client’s room
or in treatment rooms provides direct care/services for clients currently enrolled
in the Pediatric Skilled Nursing Facility.
b. The term employee does not include healthcare professional/ technical students,
as defined in Section 37-29-232, performing clinical training in a licensed entity
under contracts between their schools and the licensed entity, and does not
include students at high schools who observe the treatment and care of patients
in a licensed entity as part of the requirements of an allied health course taught
in the school if:
i. The student is under the supervision of a licensed healthcare provider;
and
ii. The student has signed the affidavit that is on file at the student’s school
stating that he or she has not been convicted of or plead guilty or nolo
contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, any sex offenses
listed in section 45-33-23 (g), child abuse, arson, grand larceny,
burglary, gratification of lust, aggravated assault, or felonious abuse
and/or battery of a vulnerable adult, or that any such conviction or plea
was reversed on appeal or a pardon was granted for the conviction or
plea.
iii. Further, applicants and employees of the University of Mississippi
Medical Center for whom criminal history record checks and
fingerprinting are obtained in accordance with Section 37-115-41 are
exempt from application of the term employee.
c. Covered Entity - For the purpose of criminal history record checks, “covered
entity” means a licensed entity or a healthcare professional staffing agency.
d. Licensed Entity - For the purpose of criminal history record checks, the term
“licensed entity” means a hospital, nursing home, personal care home, home
health agency, hospice, PPEC or a Pediatric Skilled Nursing Facility.
e. Health Care Professional/Vocational Technical Academic Program - For
purpose of criminal history record checks, “health care professional/vocational
technical academic program” means an academic program in medicine,
nursing, dentistry, occupational therapy, physical therapy, social services,
speech therapy, or other allied-health professional whose purpose is to prepare
professionals to render patient care services.
f. Health Care Professional/Vocational Technical Student - For purposes of
criminal history record checks, the term means a student enrolled in a healthcare
professional/vocational technical academic program.
g. Direct Patient Care or Services - For the purposes of fingerprinting and
criminal background history checks, the term “direct patient care” means direct
hands-on medical patient care and services provided by an individual in a
patient, resident or client’s room, treatment room, recovery room or Pediatric
Skilled Nursing Facility. Individuals providing direct patient care may be
directly employed by the facility or provides patient care on a contractual basis.
h. Documented Disciplinary Action - For the purpose of fingerprinting and
criminal background history checks, the term “documented disciplinary action”
means any action taken against an employee for abuse or neglect of a patient.
5. Direct Care Staff. For the purposes of these minimum standards, direct care staff
shall include certified nursing assistants, patient care technicians, medical
assistants, emergency medical technician (EMT), play assistants or any individual
with training and experience in child care related fields.
6. Functional Assessment. Refers to an evaluation of the child’s abilities and needs
related to self-care, communication skills, social skills, motor skills, academic
areas, play with toys or objects, growth and development appropriate for age.
7. License. Shall mean the document issued by the Mississippi State Department of
Health and signed by the State Health Officer. Licensure shall constitute authority
to receive patients and perform the services included within the scope of these rules,
regulations and standards. A license shall be issued only for the location as
addressed on the license and is not transferable.
8. Licensee. Shall mean the individual, firm, association, partnership or corporation
to whom the license is issued and upon whom rests the responsibility for the
operation and all aspects of administrative/regulatory compliance of the Pediatric
Skilled Nursing Center.
9. Licensing Agency. Shall mean Mississippi State Department of Health.
10. Medical Director. Shall mean a physician, licensed to practice in the State of
Mississippi, certified by the American Board of Pediatrics or the American
Osteopathic Board of Pediatrics, who serves as a liaison between the Pediatric
Skilled Nursing Facility and the medical community.
11. Medical Records. Shall mean medical records maintained in accordance with
acceptable standards and practices as specified by the rules implementing this act.
12. Medically Dependent or Technologically Dependent Child. Shall mean a child,
from birth up to 21 years of age who because of a medical condition/disability
whether acute, chronic or intermittent in nature requires on-going physician
prescribed, technologically-based skilled nursing supervision and/or requires the
routine use of a medical device to compensate for the deficit of life-sustaining body
function. (See Aging-in Place under admissions)
13. Nursing Director. Shall mean a licensed registered nurse, licensed in accordance
with the Mississippi Nurse Practice Act, who maintains responsibility for providing
continuous supervision of the Pediatric Skilled Nursing Facility services and
manages the day-to-day operations of the Pediatric Skilled Nursing Facility.
14. Owner or Operator. Shall mean a licensee.
15. Physical Therapist. Shall mean, for purposes of these minimum standards, an
individual, licensed in the State of Mississippi, who has at least one year’s
experience in evaluating and designing therapeutic programs for children with
developmental disabilities.
16. Premises. Shall mean those buildings, beds, facilities and fenced outdoor
recreational/play area located at the main address of the licensee.
17. Pediatric Skilled Nursing Facility. Shall mean any building or buildings, or other
place, whether operated for profit or not, which undertakes through its ownership
or management to provide basic residential services to three (3) or more medically
dependent or technologically dependent children who are not related to the owner
or operator by blood, marriage or adoption and who require such services. Infants
and children considered for admission to a Pediatric Skilled
Nursing Facility must be ventilator dependent or otherwise medically dependant
pediatric patients who require medical and nursing care or rehabilitative services;
thus, having complex medical conditions that require continual care. Prerequisites
for admission are a prescription from the child’s physician and consent from a
parent or guardian.
18. Prescribing Physician. Shall mean the physician, licensed to practice medicine in
the State of Mississippi that signs the order admitting the child to the Pediatric
Skilled Nursing Facility.
19. Primary or Subspecialist Physician. Shall mean the physician, licensed to
practice medicine in the State of Mississippi, who maintains overall responsibility
for the medical management of the child and who is available for consultation and
collaboration with the Pediatric Skilled Nursing Facility.
20. Protocol of Care. The comprehensive plan for implementation of medical,
nursing, psychosocial, developmental, and education therapies to be provided by
the Prescribed Pediatric Skilled Nursing Facility.
21. Psychiatrist. Shall mean, for purposes of these minimum standards, a board-
certified psychiatrist, licensed to practice in the State of Mississippi and who has at
least two years of experience in child psychology.
22. Psychologist. Shall mean, for purposes of these minimum standards, a licensed
individual in Mississippi with doctorial; preparation in child or developmental
counseling psychology, or a related field, and at least two years current experience
in evaluation and management of children.
23. Quality Assurance (QA) Committee. A group of individuals, including the
Pediatric Skilled Nursing Facility Medical Director, Administrator, Director of
Nursing, two other healthcare members and at least one consumer member with an
interest in Pediatric Nursing Facility services who functions to conduct the duties,
as outlined in Subchapter 18 of these minimum standards, which includes but is not
limited to, review of medical records, review and approval of policies and
procedures, treatment plans/procedures and to evaluate the quality of care provided
to children enrolled in the Pediatric Skilled Nursing Facility.
24. Social Worker. Shall mean, for purposes of these minimum standards, an
individual, licensed to practice social work in the State of Mississippi, and who has
at least one year of experience in assessing, counseling, and planning interventions
for children and their families or guardians.
25. Speech Pathologist. Shall mean, for purposes of these minimum standards, an
individual who attained a master’s degree in speech-language pathology from an
educational institution accredited by the American Speech-Language, Hearing
Association, licensed to practice speech-language pathology in the State of
Mississippi, and who has at least one year of experience in evaluating and treating
children at risk for, or experiencing problems with communication skills.
26. Supportive Services or Contracted Services. Includes but are not limited to
speech therapy, occupational therapy, physical therapy, respiratory therapy, social
work, developmental, educational services.