The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. Individual
subchapters may have definitions which are specific to the subchapter.
(1) Addition--The addition of floor space to a facility.
(2) Administrator--The administrator of a facility.
(3) Affiliate--With respect to a:
(A) partnership, each partner thereof;
(B) corporation, each officer, director, principal stockholder,
and subsidiary; and each person with a disclosable interest (defined in the
section);
(C) natural person which includes each:
(i) person's spouse;
(ii) partnership and each partner thereof of which said person
or any affiliate of said person is a partner; and
(iii) corporation in which said person is an officer, director,
principal stockholder, or person with a disclosable interest.
(4) Applicant--A person applying for a license under Health
and Safety Code, Chapter 252.
(5) APA--The Administrative Procedure Act, Texas Government
Code, §2001.
(6) Attendant personnel--All persons who are responsible for
direct and non-nursing services to residents of a facility. (Nonattendant
personnel are all persons who are not responsible for direct personal services
to residents.) Attendant personnel come within the categories of: administration,
dietitians, medical records, activities, housekeeping, laundry, and maintenance.
(7) Board--Texas Board of Human Services.
(8) Care and treatment--Services required to maximize resident
independence, personal choice, participation, health, self-care, psychosocial
functioning and provide reasonable safety, all consistent with the preferences
of the resident.
(9) Centers for Medicare and Medicaid Services (CMS)--The federal
agency that provides funding and oversight for the Medicare and Medicaid programs.
CMS was formerly known as the Health Care Financing Administration (HCFA).
(10) Change of ownership--A change of 50% or more in the ownership
of the business organization that is licensed to operate the facility, or
a change in the federal tax payer identification number.
(11) Controlled substance--A drug, substance, or immediate
precursor as defined in the Texas Controlled Substance Act, Health and Safety
Code, Chapter 481, as amended, and/or the Federal Controlled Substance Act
of 1970, Public Law 91-513, as amended.
(12) Dangerous drug--Any drug as defined in the Texas Dangerous
Drug Act, Health and Safety Code, Chapter 483.
(13) Department--Texas Department of Human Services.
(14) Designee--A state agency or entity with which the department
contracts to perform specific, identified duties related to the fulfillment
of a responsibility prescribed by this chapter.
(15) Drug (also referred to as medication)--A drug is:
(A) any substance recognized as a drug in the official United
States Pharmacopeia, official Homeopathic Pharmacopeia of the United States,
or official National Formulary, or any supplement to any of them;
(B) any substance intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man;
(C) any substance (other than food) intended to affect the
structure or any function of the human body; and
(D) any substance intended for use as a component of any substance
specified in subparagraphs (A)-(C) of this paragraph. It does not include
devices or their components, parts, or accessories.
(16) Establishment--A place of business or a place where business
is conducted which includes staff, fixtures, and property.
(17) Facility--A facility serving persons with mental retardation
or related conditions licensed under this chapter as described in §90.2
of this title (relating to Scope) and required to be licensed under the Health
and Safety Code, Chapter 252.
(18) Governmental unit--A state or a political subdivision
of the state, including a county or municipality.
(19) Hearing--A contested case hearing held in accordance with
the Administrative Procedure Act, Government Code, Chapter 2001, and the department's
formal hearing procedures adopted in Chapter 79 of this title (relating to
Legal Services).
(20) Immediate and serious threat--A situation in which there
is a high probability that serious harm or injury to residents could occur
at any time or has already occurred and may occur again if residents are not
protected effectively from the harm or if the threat is not removed.
(21) Immediate jeopardy to health and safety--A situation in
which immediate corrective action is necessary because the facility's noncompliance
with one or more requirements has caused, or is likely to cause, serious injury,
harm, impairment, or death to a resident receiving care in the facility.
(22) Incident--An unusual or abnormal event or occurrence in,
at, or affecting the facility and/or the residents of the facility.
(23) Inspection--Any on-site visit to or survey of a facility
by the Texas Department of Human Services for the purpose of inspection of
care, licensing, monitoring, complaint investigation, architectural review,
or similar purpose.
(24) Large facility--Facilities with 17 or more resident beds.
(25) Legal guardian--A person who is appointed guardian under §693
of the Probate Code.
(26) License--Approval from the Texas Department of Human Services
to establish or operate a facility.
(27) Life Safety Code (also referred to as the Code or NFPA
101)--The Code for Safety to Life from Fire in Buildings and Structures, Standard
101, of the National Fire Protection Association (NFPA).
(28) Life safety features--Fire safety components required
by the Life Safety Code such as building construction, fire alarm systems,
smoke detection systems, interior finishes, sizes and thicknesses of doors,
exits, emergency electrical systems, sprinkler systems, etc.
(29) Local authorities--A local health authority, fire marshal,
building inspector, etc., who may be authorized by state law, county order,
or municipal ordinance to perform certain inspections or certifications.
(30) Local health authority--The physician having local jurisdiction
to administer state and local laws or ordinances relating to public health,
as described in the Health and Safety Code, §§121.021-121.025.
(31) Management services--Services provided under contract
between the owner of a facility and a person to provide for the operation
of a facility, including administration, staffing, maintenance, or delivery
of resident services. Management services shall not include contracts solely
for maintenance, laundry, or food services.
(32) Manager--A person having a contractual relationship to
provide management services to a facility.
(33) Person--An individual, firm, partnership, corporation,
association, or joint stock company, and any legal successor of those entities.
(34) Person with a disclosable interest--Any person who owns
5.0% interest in any corporation, partnership, or other business entity that
is required to be licensed under Health and Safety Code, Chapter 252. 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
such entity participates in the management of the facility.
(35) Qualified mental retardation professional (QMRP)--A person
with at least a bachelor's degree who has at least one year of experience
working with persons with mental retardation or related conditions.
(36) Quality-of-care monitor--A registered nurse, pharmacist,
or dietitian, employed by the Texas Department of Human Services (DHS), who
is trained and experienced in long-term care regulations, standards of practice
in long-term care, and evaluation of resident care and functions independently
of DHS's Long Term Care-Regulatory Section.
(37) Remodeling--The construction, removal, or relocation of
walls and partitions, or construction of foundations, floors, or ceiling-roof
assemblies, including expanding of safety systems (i.e., sprinkler systems,
fire alarm systems), that will change the existing plan and use areas of the
facility.
(38) Renovation--The restoration to a former better state by
cleaning, repairing, or rebuilding, e.g., routine maintenance, repairs, equipment
replacement, painting.
(39) Small facilities--Facilities with 16 or fewer resident
beds.
(40) Specialized staff--Personnel with expertise in developmental
disabilities.
(41) Standards--The minimum conditions, requirements, and criteria
with which a facility will have to comply to be licensed under this chapter.
(42) Universal precautions--The use of barrier precautions
by facility personnel to prevent direct contact with blood or other body fluids
that are visibly contaminated with blood.
(43) Well-recognized church or religious denomination--An organization
which has been granted a tax-exempt status as a religious association from
the state or federal government.
|