DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF COMMUNITY AND HEALTH SYSTEMS
NURSE AIDE, NURSE AIDE TRAINER, AND NURSE AIDE TRAINING
PROGRAM, CERTIFICATE OF REGISTRATION AND PERMIT PROGRAM
(By authority conferred on the department of licensing and regulatory affairs by
section 21923 of the public health code, 1978 PA 368, MCL 333.21923)
PART 1: GENERAL PROVISIONS
R 400.301 Definitions
Rule 301. (1) As used in these rules:
(a) “Abuse” means the willful infliction of injury, unreasonable confinement,
intimidation, or punishment with resulting physical harm, pain, or mental anguish. Abuse
includes the deprivation by an individual, including a caretaker, of goods or services that
are necessary to attain or maintain physical, mental, and psychological well-being.
Instances of abuse of all patients, irrespective of any mental or physical condition, cause
physical harm, pain, or mental anguish. Abuse includes verbal abuse, sexual abuse,
physical abuse, and mental abuse including abuse facilitated or enabled through the use
of technology. Verbal abuse occurs when an individual purposely uses negative or
demeaning words directed at a resident. Willful means the individual must have acted
deliberately, not that the individual must have intended to inflict injury or harm.
(b) “Act” means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(c) “Applicant” means a person applying to the department for a certificate or permit
as provided in the act or these rules.
(d) “Article 15” means article 15 of the act, MCL 333.16101 to 333.18838.
(e) “Article 17” means article 17 of the act, MCL 333.20101 to 333.22260.
(f) “Business day” means a day other than a Saturday, Sunday, or any legal holiday.
(g) “Complaint” means an allegation that a person or program has violated the act or
administrative rules promulgated under the act.
(h) “Department” means the department of licensing and regulatory affairs.
(i) “Health facility or agency” means that term as defined in section 20106 of the
act, MCL 333.20106, except for an ambulance operation, aircraft transport operation,
non-transport prehospital life support operation, medical first response service, or health
(j) “Misappropriation of resident property” means the deliberate misplacement,
exploitation, or wrongful, temporary, or permanent use of a patient’s belongings or
money without the resident’s consent.
(k) “Neglect” means the failure of the nurse aide to provide goods and services to a
patient that are necessary to avoid physical harm, pain, mental anguish, or emotional
distress. Failure as used in the definition of neglect means the omission of required goods