| (61) LAR--Legally authorized representative. A person
authorized by law to act on behalf of a client with regard to a matter
described in this chapter, and may include a parent of a minor, guardian
of an adult or minor, managing conservator of a minor, agent under
a medical power of attorney, or surrogate decision-maker under Texas
Health and Safety Code, §313.004.
(62) Licensed vocational nurse--A person who is currently
licensed under Texas Occupations Code, Chapter 301, as a licensed
vocational nurse.
(63) Life Safety Code (also referred to as NFPA 101)--The
Code for Safety to Life from Fire in Buildings and Structures, Standard
101, of the National Fire Protection Association (NFPA).
(64) Local emergency management agencies--The local
emergency management coordinator, fire, police, and emergency medical
services.
(65) Local emergency management coordinator--The person
identified as the emergency management coordinator by the mayor or
county judge in an agency's service area.
(66) Manager--An employee or independent contractor
responsible for providing management services to a home and community
support services agency for the overall operation of a home and community
support services agency including administration, staffing, or delivery
of services. Examples of contracts for services that will not be considered
contracts for management services include contracts solely for maintenance,
laundry, or food services.
(67) Medication administration record--A record used
to document the administration of a client's medications.
(68) Medication list--A list that includes all prescription
and over-the-counter medication that a client is currently taking,
including the dosage, the frequency, and the method of administration.
(69) Mitigation--An action taken to eliminate or reduce
the probability of a disaster, or reduce a disaster's severity or
consequences.
(70) Multiple location--A Medicare-approved alternate
delivery site that meets the definition in 42 CFR §418.3.
(71) Notarized copy--A sworn affidavit stating that
attached copies are true and correct copies of the original documents.
(72) Nursing facility--An institution licensed as a
nursing home under the Texas Health and Safety Code, Chapter 242.
(73) Nutritional counseling--Advising and assisting
individuals or families on appropriate nutritional intake by integrating
information from the nutrition assessment with information on food
and other sources of nutrients and meal preparation consistent with
cultural background and socioeconomic status, with the goal being
health promotion, disease prevention, and nutrition education. Nutritional
counseling may include the following:
(A) dialogue with the client to discuss current eating
habits, exercise habits, food budget, and problems with food preparation;
(B) discussion of dietary needs to help the client
understand why certain foods should be included or excluded from the
client's diet and to help with adjustment to the new or revised or
existing diet plan;
(C) a personalized written diet plan as ordered by
the client's physician or practitioner, to include instructions for
implementation;
(D) providing the client with motivation to help the
client understand and appreciate the importance of the diet plan in
getting and staying healthy; or
(E) working with the client or the client's family
members by recommending ideas for meal planning, food budget planning,
and appropriate food gifts.
(74) Occupational therapist--A person who is currently
licensed under the Occupational Therapy Practice Act, Texas Occupations
Code, Chapter 454, as an occupational therapist.
(75) Operating hours--The days of the week and the
hours of day an agency's place of business is open as identified in
an agency's written policy as required by §97.210 of this chapter
(relating to Agency Operating Hours).
(76) Original active client record--A record composed
first-hand for a client currently receiving services.
(77) Palliative care--Intervention services that focus
primarily on the reduction or abatement of physical, psychosocial,
and spiritual symptoms of a terminal illness. It is client and family-centered
care that optimizes quality of life by anticipating, preventing, and
treating suffering. Palliative care throughout the continuum of illness
involves addressing physical, intellectual, emotional, social, and
spiritual needs and facilitating client autonomy, access to information,
and choice.
(78) Parent agency--An agency that develops and maintains
administrative controls and provides supervision of branch offices
and alternate delivery sites.
(79) Parent company--A person, other than an individual,
who has a direct 100 percent ownership interest in the owner of an
agency.
(80) Person--An individual, corporation, or association.
(81) Person with a disclosable interest--Any person
who owns at least a 5.0 percent interest in any corporation, partnership,
or other business entity that is required to be licensed under Texas
Health and Safety Code, Chapter 142. A person with a disclosable interest
does not include a bank, savings and loan, savings bank, trust company,
building and loan association, credit union, individual loan and thrift
company, investment banking firm, or insurance company, unless these
entities participate in the management of the agency.
(82) Personal assistance services--Routine ongoing
care or services required by an individual in a residence or independent
living environment that enable the individual to engage in the activities
of daily living or to perform the physical functions required for
independent living, including respite services. The term includes:
(A) personal care;
(B) health-related services performed under circumstances
that are defined as not constituting the practice of professional
nursing by the Texas Board of Nursing through a memorandum of understanding
with DADS in accordance with Texas Health and Safety Code, §142.016;
and
(C) health-related tasks provided by unlicensed personnel
under the delegation of a registered nurse or that a registered nurse
determines do not require delegation.
(83) Personal care--The provision of one or more of
the following services required by an individual in a residence or
independent living environment:
(A) bathing;
(B) dressing;
(C) grooming;
(D) feeding;
(E) exercising;
(F) toileting;
(G) positioning;
(H) assisting with self-administered medications;
(I) routine hair and skin care; and
(J) transfer or ambulation.
(84) Pharmacist--A person who is licensed to practice
pharmacy under the Texas Pharmacy Act, Texas Occupations Code, Chapter
558.
(85) Pharmacy--A facility defined in the Texas Occupations
Code, §551.003(31), at which a prescription drug or medication
order is received, processed, or dispensed.
(86) Physical therapist--A person who is currently
licensed under Texas Occupations Code, Chapter 453, as a physical
therapist.
(87) Physician--This term includes a person who is:
(A) licensed in Texas to practice medicine or osteopathy
in accordance with Texas Occupations Code, Chapter 155;
(B) licensed in Arkansas, Louisiana, New Mexico, or
Oklahoma to practice medicine, who is the treating physician of a
client and orders home health or hospice services for the client,
in accordance with the Texas Occupations Code, §151.056(b)(4);
or
(C) a commissioned or contract physician or surgeon
who serves in the United States uniformed services or Public Health
Service if the person is not engaged in private practice, in accordance
with the Texas Occupations Code, §151.052(a)(8).
(88) Physician assistant--A person who is licensed
under the Physician Assistant Licensing Act, Texas Occupations Code,
Chapter 204, as a physician assistant.
(89) Physician-delegated task--A task performed in
accordance with the Texas Occupations Code, Chapter 157, including
orders signed by a physician that specify the delegated task, the
individual to whom the task is delegated, and the client's name.
(90) Place of business--An office of a home and community
support services agency that maintains client records or directs home
health, hospice, habilitation, or personal assistance services. This
term includes a parent agency, a branch office, and an alternate delivery
site. The term does not include an administrative support site.
(91) Plan of care--The written orders of a practitioner
for a client who requires skilled services.
Cont'd... |
