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Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER AINTRODUCTION
RULE §90.3Definitions

  (35) 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.

  (36) 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.

  (37) Local health authority--The physician having local jurisdiction to administer state and local laws or ordinances relating to public health, as described in the Texas Health and Safety Code, §§121.021 - 121.025.

  (38) LVN--Licensed vocational nurse. A person licensed to practice vocational nursing in accordance with Texas Occupations Code, Chapter 301.

  (39) 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.

  (40) Metered dose inhaler--A device that delivers a measured amount of medication as a mist that can be inhaled.

  (41) Oral medication--Medication administered by way or through the mouth and does not include sublingual or buccal.

  (42) Person--An individual, firm, partnership, corporation, association, or joint stock company, and any legal successor of those entities.

  (43) Personal hold--

    (A) A manual method, except for physical guidance or prompting of brief duration, used to restrict:

      (i) free movement or normal functioning of all or a portion of a resident's body; or

      (ii) normal access by a resident to a portion of the resident's body.

    (B) Physical guidance or prompting of brief duration becomes a restraint if the resident resists the guidance or prompting.

  (44) 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 an intellectual disability or related conditions.

  (45) Quality-of-care monitor--A registered nurse, pharmacist, or dietitian, employed by DADS, 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 DADS Regulatory Services Division.

  (46) Registered nurse--A person licensed to practice professional nursing in accordance with Texas Occupations Code, Chapter 301.

  (47) 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.

  (48) Renovation--The restoration to a former better state by cleaning, repairing, or rebuilding, e.g., routine maintenance, repairs, equipment replacement, painting.

  (49) Restraint--A manual method, or a physical or mechanical device, material, or equipment attached or adjacent to the resident's body that the resident cannot remove easily, that restricts freedom of movement or normal access to the resident's body. This term includes a personal hold.

  (50) Seclusion--The involuntary separation of a resident away from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving.

  (51) Small facilities--Facilities with 16 or fewer resident beds.

  (52) Specialized staff--Personnel with expertise in developmental disabilities.

  (53) Standards--The minimum conditions, requirements, and criteria with which a facility will have to comply to be licensed under this chapter.

  (54) Topical medication--Medication applied to the skin but does not include medication administered in the eyes.

  (55) 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.

  (56) Vaccine preventable diseases--The diseases included in the most current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

  (57) 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.


Source Note: The provisions of this §90.3 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective July 1, 2002, 27 TexReg 5525; amended to be effective June 1, 2006, 31 TexReg 4463; amended to be effective September 1, 2010, 35 TexReg 7876; amended to be effective June 1, 2012, 37 TexReg 3871; amended to be effective June 17, 2013, 38 TexReg 3806

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