| (ii) cause damage to the center's property;
(C) requires the center to respond immediately to mitigate
or avoid injury, death, damage, or interference; and
(D) does not include a situation that arises from the
medical condition of a minor such as cardiac arrest, obstructed airway,
or cerebrovascular accident.
(29) Executive commissioner--The executive commissioner
of the Texas Health and Human Services Commission.
(30) Functional assessment--An evaluation of a minor's
abilities, wants, interests, and needs related to self-care, communication
skills, social skills, motor skills, play with toys or objects, growth,
and development appropriate for age.
(31) Health care provider--An individual or facility
licensed, certified, or otherwise authorized to administer health
care in the ordinary course of business or professional practice.
(32) Health care setting--A location at which licensed,
certified, or otherwise regulated health care is administered.
(33) IDT--Interdisciplinary team. Individuals who work
together to meet the medical, nursing, psychosocial, and developmental
needs of a minor and a minor's parent's training needs.
(34) Inactive medical record--A record for a minor
who was admitted by a center to receive services and was subsequently
discharged by the center.
(35) Inspection--An on-site examination or audit of
a center by DADS to determine compliance with THSC Chapter 248A and
this chapter.
(36) Isolation--The involuntary confinement of a minor
in a room of a center for the purposes of infection control, assessment,
and observation away from other minors in a room at the center. When
in isolation, a minor is physically prevented from contact with other
minors.
(37) Joint training--Training provided by DADS to service
providers and DADS inspectors on subjects that address the 10 most
commonly cited violations of state law governing centers, as published
in DADS annual reports. DADS determines the frequency of joint training.
(38) Licensed assistant in speech-language pathology--A
person who has a valid license under Texas Occupations Code, Chapter
401, as a licensed assistant in speech-language pathology and who
provides speech language support services under the supervision of
a licensed speech-language pathologist.
(39) Licensed vocational nurse--LVN. A person who has
a valid license under Texas Occupations Code, Chapter 301, as a licensed
vocational nurse.
(40) Life Safety Code--A publication of the National
Fire Protection Association (NFPA), also known as NFPA 101, 2000 edition.
(41) Local emergency management agencies--The local
emergency management coordinator, fire, police, and emergency medical
services.
(42) Local emergency management coordinator--The person
identified as the emergency management coordinator by the mayor or
county judge for the geographical area in which a center is located.
(43) Mechanical restraint--The use of any mechanical
device, material, or equipment to restrict the free movement of all
or a portion of a minor's body for the purpose of modifying or controlling
the minor's behavior.
(44) Medical director--A physician who has the qualifications
described in §15.307 of this chapter (relating to Medical Director
Qualifications and Conditions) and has the responsibilities described
in §15.308 of this chapter (relating to Medical Director Responsibilities).
(45) Medical record--A record composed first-hand for
a minor who has or is receiving services at a center.
(46) Medically dependent or technologically dependent--The
condition of an individual who, because of an acute, chronic, or intermittent
medically complex or fragile condition or disability, requires ongoing,
technology-based skilled nursing care prescribed by a physician to
avert death or further disability, or the routine use of a medical
device to compensate for a deficit in a life-sustaining body function.
The term does not include a controlled or occasional medical condition
that does not require continuous nursing care, including asthma or
diabetes, or a condition that requires an epinephrine injection.
(47) Medication administration record--A record used
to document the administration of a minor's medications and pharmaceuticals.
(48) Medication list--A list that includes all prescriptions,
over-the-counter pharmaceuticals, and supplements that a minor is
prescribed or taking, including the dosage, preparation, frequency,
and the method of administration.
(49) Minor--An individual younger than 21 years of
age who is medically dependent or technologically dependent.
(50) Mitigation--An action taken to eliminate or reduce
the probability of an emergency or public health emergency, or reduce
an emergency's severity or consequences.
(51) Nursing director--The individual responsible for
supervising skilled services provided at a center and who has the
qualifications described in §15.309 of this chapter (relating
to the Nursing Director and Alternate Nursing Director Qualifications
and Conditions).
(52) Nutritional counseling--Advising and assisting
an adult minor or a minor's parent or family on appropriate nutritional
intake by integrating information from a 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. The term includes:
(A) dialogue with an adult minor or a minor's parent
to discuss current eating habits, exercise habits, food budget, and
problems with food preparation;
(B) discussion of dietary needs to help an adult minor
or the minor's parent understand why certain foods should be included
or excluded from the minor'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 minor's physician, to include instructions for implementation;
(D) providing the adult minor or the minor's parent
with motivation to help them understand and appreciate the importance
of the diet plan in getting and staying healthy; or
(E) working with the adult minor or the minor's parent
by recommending ideas for meal planning, food budget planning, and
appropriate food gifts.
(53) Occupational therapist--A person who has a valid
license under Texas Occupations Code, Chapter 454, as an occupational
therapist.
(54) Occupational therapy assistant--A person who has
a valid license under Texas Occupations Code, Chapter 454, as an occupational
therapy assistant who assists in the practice of occupational therapy
under the general supervision of an occupational therapist.
(55) Operating hours--The days of the week and the
hours of day a center is open for services to a minor as identified
in a center's written policy as required by §15.201 of this chapter
(relating to Operating Hours).
(56) Overnight--The hours between 9:00 p.m. and 5:00
a.m. during the days of the week a center operates.
(57) Over-the-counter pharmaceuticals--A drug or formulary
for which a physician's prescription is not needed for purchase or
administration.
(58) Parent--A person authorized by law to act on behalf
of a minor with regard to a matter described in this chapter. The
term includes:
(A) a biological, adoptive, or foster parent;
(B) a guardian;
(C) a managing conservator; and
(D) a non-parent decision-maker as authorized by Texas
Family Code §32.001.
(59) Parent company--A person, other than an individual,
who has a direct 100 percent ownership interest in the owner of a
center.
(60) Person--An individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(61) Person with a disclosable interest--A person who
owns at least a five percent interest in any corporation, partnership,
or other business entity that is required to be licensed under THSC
Chapter 248A. 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 center.
(62) Personal care services--Services required by a
minor, including:
(A) bathing;
(B) maintaining personal hygiene;
(C) routine hair and skin care;
(D) grooming;
(E) dressing;
(F) feeding;
Cont'd... |
