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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

16 DE Admin. Code 3220
Advanced Practice Nurse means an individual whose education and licensure meet the criteria outlined in 24 Del.C. Ch. 19 and who is certified in at least one of the following specialty areas: (1) Adult nurse practitioner; (2) Gerontological clinical nurse specialist; (3) Gerontological nurse practitioner; (4) Psychiatric/mental health clinical nurse specialist; (5) Family nurse practitioner.
Assisted Living Facility” means a residential arrangement for fee licensed pursuant to 16 Del.C. Ch. 11.
CE Track means the Division’s website www.CNADECE.org used for recording and tracking CNA continuing education hours counted toward CNA recertification requirements.
CE Hour” means continuing education offered by an education provider consisting of 60 minutes of instruction. For formal college nursing courses completed, one (1) semester hour is equivalent to five (5) CE hours.
Certified Nursing Assistant (CNA) means a duly certified individual under the supervision of a licensed nurse, who provides care which does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following: bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well‑being of the person(s) to whom they are providing care.
Department means the Department of Health and Social Services.
"Direct Supervision" means actually observing students performing tasks.
Division means the Division of Long Term Care Residents Protection.
Education Provider” means a facility, agency or other entity that offers continuing education courses approved by the Division. Education Provider approval is contingent upon the education provider recording attendance, confirming participant identity and otherwise ensuring that CE hours are accurately recorded in CE Track.
"General Supervision" means providing necessary guidance for the program and maintaining ultimate responsibility.
Intermediate Care Facility means a facility licensed pursuant to 16 Del.C. Ch. 11 with a license designated for intermediate care beds.
Licensed Nurse means a licensed practical nurse, registered nurse and/or advanced practice nurse whose education and licensure meet the criteria in 24 Del.C. Ch. 19.
"Licensed Nursing Facility" means a residential institution, as defined in 16 Del.C., §1102(4), which provides services to residents which include resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care. Care is given in accordance with physician's orders and requires the competences of a registered nurse (RN).
Licensed Practical Nurse (LPN) means a nurse who is licensed as a practical nurse in Delaware or whose license is recognized to practice in the State of Delaware, and who may supervise LPN’s, CNA’s, NA’s and other unlicensed personnel.
Nursing Assistant (NA) means an individual who has completed the requisite training to become a Certified Nursing Assistant but is awaiting certification.
Nursing Related Services means those health related services that include supervision of, and direct assistance to, individuals in their activities of daily living and/or those physical and psychosocial basic skills encompassed in the certified nursing assistant curriculum.
Nursing Services Direct Caregivers means those individuals, as defined in 16 Del.C., §1161(e), assigned to the direct care of nursing facility residents.
Physicianmeans a physician licensed to practice in the State of Delaware.
Registered Nurse (RN) means a nurse who is a graduate of an approved school of professional nursing and who is licensed in Delaware or whose license is recognized to practice in the State of Delaware.
Rehabilitation means the restoration or maintenance of an ill or injured person to self‑sufficiency at his or her highest attainable level.
Resident means a person admitted to a nursing facility or similar facility licensed pursuant to 16 Del.C. Ch 11.
Restraint” “Chemical Restraints mean psychopharmacologic drugs that are used for discipline or convenience and not required to treat medical symptoms.
Physical Restraints mean any manual method or physical or mechanical device, material or equipment attached or adjacent to the resident’s body that the individual cannot remove easily which restricts freedom of movement or normal access to one’s body.
Senior Certified Nursing Assistant means a Certified Nursing Assistant who has met the requirements and training specified in Section 4 of these regulations.
Skilled Care Facility means a facility licensed pursuant to 16 Del.C. Ch. 11 with a license designated for skilled care beds.
Student means a person enrolled in a course offering certification as a CNA.
Training Materials Developermeans an agency or other entity which markets Division approved continuing education training materials and courses to education providers.
Each Nursing Assistant/Certified Nursing Assistant employed by any nursing facility either as contract/ agency or facility staff shall be required to meet the following:
2.4.3 Training Materials Developers shall enter courses in CE Track for Division approval prior to offering courses to education providers.
"Activities of Daily Living (ADLs)" means normal daily activities including but not limited to ambulating, transferring, range of motion, grooming, bathing, dressing, eating and toileting.
"Advanced Practice Nurse" means an individual whose education and licensure meet the criteria outlined in 24 Del.C. Ch. 19.
"Certified Nursing Assistant (CNA)" means a duly certified individual under the supervision of a nurse, who provides care which does not require the judgment and skills of a nurse.
"Chemical Restraint" means psychopharmacologic drugs that are used for discipline or convenience and not required to treat medical symptoms.
"Department" means the Department of Health and Social Services.
"Direct Supervision" means actually observing students performing tasks.
"Division" means the Division of Long Term Care Residents Protection.
Facility" means a Nursing Facility, Assisted Living Facility or Intermediate Care Facility for Persons with Intellectual Disabilities licensed pursuant to 16 Del.C. Ch. 11.
"Full-Time" means working a minimum of 35 clock hours per week.
"General Supervision" means providing necessary guidance for the program and maintaining ultimate responsibility.
"Nurse" means a licensed practical nurse (LPN), registered nurse (RN) and/or advanced practice nurse (APRN) whose education and licensure meet the criteria in 24 Del.C. Ch. 19.
"Nursing Related Services" means services that include but are not limited to the following: bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being of the person(s) to whom a qualified person is providing care.
"Physical Restraint" means any manual method or physical or mechanical device, material or equipment attached or adjacent to the resident's/patient's body that the individual cannot remove easily which restricts freedom of movement or normal access to one's body.
"Resident/Patient" means a person residing in a facility licensed pursuant to 16 Del.C. Ch. 11 or a person receiving care in a licensed acute or outpatient healthcare setting.
"Student" means a person enrolled in a course offering certification as a CNA.
Last Updated: December 31 1969 19:00:00.
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