36-446. Definitions

In this article, unless the context otherwise requires:

1. " Administrator" or " nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.

2. " Assisted living facility" has the same meaning prescribed in section 36-401.

3. " Assisted living facility manager" means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.

4. " Assisted living facility training program" includes:

(a) Training that is required for assisted living facility manager certification.

(b) Training that is required for assisted living facility caregivers and that is consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers.

5. " Board" means the board of examiners of nursing care institution administrators and assisted living facility managers.

6. " Department" means the department of health services.

7. " Directed care services" has the same meaning prescribed in section 36-401.

8. " Director" means the director of the department of health services.

9. " Nursing care institution" :

(a) Means an institution or other place, however named, whether for profit or not, including facilities operated by the state or a subdivision of the state, that is advertised, offered, maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician.

(b) Does not include:

(i) An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.

(ii) Nursing care services that are an integral part of a hospital licensed pursuant to this chapter.

10. " Unprofessional conduct" includes:

(a) Dishonesty, fraud, incompetency or gross negligence in performing administrative duties.

(b) Gross immorality or proselytizing religious views on patients without their consent.

(c) Other abuses of official responsibilities, which may include intimidating or neglecting patients.