Health Care Personnel Registry Definitions

The definitions are from G.S. 131E-256 of Article 15 (PDF), 10A NCAC 13O (PDF) and 10A NCAC 13D .2001 (PDF).

“Abuse” means the willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.

“Diversion of drugs” means the unauthorized taking or use of any drug.

“Drug” means any chemical compound that may be used on or administered to humans or animals as an aid in the diagnosis, treatment or prevention of disease or other condition or for the relief of pain or suffering or to control or improve any physiological pathologic condition.

“Finding” (when used in conjunction with the Health Care Personnel Registry) means a determination by the Department that an allegation of resident abuse or neglect, misappropriation of resident or health care facility property, diversion of drugs belonging to a resident or health care facility, and fraud against a resident or health care facility has been substantiated.

"Finding" (when used in conjunction with the Nurse Aide program) means a determination by the Department that an allegation of patient abuse or neglect, or misappropriation of patient property has been substantiated [in nursing facilities].

“Fraud” means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person. It includes any act that constitutes fraud under applicable Federal or State law.

“Health Care Facility” means any of the facilities and agencies as defined in the Health Care Personnel Registry statute 131E-256(b) of Article 15 (PDF):

  1. Adult Care Homes
  2. Hospitals
  3. Home Care Agencies
  4. Nursing Pools
  5. Hospices
  6. Nursing Facilities
  7. State-Operated Facilities
  8. Residential Facilities
  9. 24-Hour Facilities

“Health Care Personnel” means all the persons as defined in the Health Care Personnel Registry statute, 131E -256(c) of Article 15 (PDF):

  1. In an adult care home, an adult care personal aide who is any person who either performs or directly supervises others who perform task functions in activities of daily living which are personal functions essential for the health and well-being of residents such as bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.
  2. A nurse aide
  3. An in-home aide or an in-home personal care aide who provides hands-on paraprofessional services
    4. Unlicensed assistant personnel who provide hands-on care, including, but not limited to, habilitative aides and health care technicians.

“Misappropriation of resident property” means the deliberate misplacement, exploitation or wrongful temporary or permanent use of a patient's belongings or money without the patient/resident's consent.

“Misappropriation of the property of a health care facility” means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a health care facility’s property without the facility’s consent.

“Neglect” means a failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness.

“Resident” means all the individuals residing in or being served by a health care facility.