§457A-1.5  Definitions.  As used in this chapter:

Terms Used In Hawaii Revised Statutes 457A-1.5

  • Allegation: something that someone says happened.
  • Certified nurse aide: means a nurse aide who has met the requirements for certification under § 457A-7 or 457A-8. See Hawaii Revised Statutes 457A-1.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457A-1.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Medicare or medicaid certified nursing facility: means any intermediate care facility or skilled nursing facility licensed pursuant to § 321-11(10) and certified by the department of health in accordance with 42 United States Code §§ 1395i-3 and 1396r. See Hawaii Revised Statutes 457A-1.5
  • Nurse aide: means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. See Hawaii Revised Statutes 457A-1.5

     “Certified nurse aide” means a nurse aide who has met the requirements for certification under § 457A-7 or 457A-8.

     “Director” means the director of commerce and consumer affairs.

     “Medicare or medicaid certified nursing facility” means any intermediate care facility or skilled nursing facility licensed pursuant to § 321-11(10) and certified by the department of health in accordance with 42 United States Code §§ 1395i-3 and 1396r.

     “Medicare or medicaid nurse aide” means a certified nurse aide who works in a medicare or medicaid certified nursing facility.

     “Nurse aide” means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress.  A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.

     “State-licensed or state-certified health care settings” means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health.

     “Substantiated finding” means documentation of an investigation by the State that leads the State to conclude that an allegation is valid, including:

     (1)  The nature of the allegation and the evidence that led to the conclusion;

     (2)  The date of the hearing, if the individual chose to have one, and its outcome;

     (3)  A statement of the individual disputing the allegation, if the individual chose to make one; or

     (4)  A criminal conviction.