As used in this subchapter:
(1) “Day shift” means the period of 7:00 a.m. to 3:00 p.m.;
(2)
(A) “Direct-care staff” means any nurse aide or licensed nurse who provides direct, hands-on care to nursing facility residents.
(B) “Direct-care staff” shall not include:
(i) Therapy personnel or personnel listed in § 20-10-1404; or
(ii) Medication assistive persons as defined in § 17-87-701;
(3) “Evening shift” means the period of 3:00 p.m. to 11:00 p.m.;
(4) “Midnight census” means the number of patients occupying nursing home beds in a nursing facility at midnight of each day;
(5) “Night shift” means the period of 11:00 p.m. to 7:00 a.m.;
(6) “Nurse aide” means any person who meets the requirements according to regulations adopted pursuant to 42 C.F.R. § 483.75(e), as it existed on January 1, 2005; and
(7)
(A) “Nursing facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who, because of physical or mental infirmity, are unable to sufficiently or properly care for themselves, and for which reception, accommodation, board, care, and treatment a charge is made.
(B) However, “nursing facility” shall not include:
(i) The offices of private physicians and surgeons;
(ii) Residential care facilities;
(iii) Assisted living facilities;
(iv) Intermediate care facilities for individuals with developmental disabilities;
(v) Hospitals;
(vi) Institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services of the Department of Human Services; or
(vii) Any facility that is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination.