| (34) Legally authorized representative--A person authorized
by law to act on behalf of a person with regard to a matter described
in this chapter, and may include a parent, guardian, or managing conservator
of a minor, or the guardian of an adult.
(35) License--Approval from DADS to establish or operate
a facility.
(36) License holder--A person that holds a license
to operate a facility.
(37) Licensed nurse--A licensed vocational nurse, registered
nurse, or advanced practice nurse.
(38) Life Safety Code--NFPA 101.
(39) 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.
(40) 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.
(41) 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.
(42) LVN--Licensed vocational nurse. A person licensed
to practice vocational nursing in accordance with Texas Occupations
Code, Chapter 301.
(43) 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.
(44) Metered dose inhaler--A device that delivers a
measured amount of medication as a mist that can be inhaled.
(45) NFPA--The National Fire Protection Association.
If the term is immediately followed by a number, it is a reference
to a publication of NFPA, as referenced in NFPA 101.
(46) NFPA 99--NFPA 99, Health Care Facilities Code,
2012 Edition. A publication of the NFPA that provides minimum requirements
for the installation, testing, maintenance, performance, and safe
practices for health care facilities and for material, equipment,
and appliances, used for patient care in health care facilities. The
Centers for Medicare and Medicaid Services has incorporated NFPA 99,
2012 Edition, except Chapters 7, 8, 12, and 13, by reference as a
Condition of Participation in the ICF/IID program for facilities that
meet the definition of a health care occupancy. Copies of NFPA 99
may be obtained from NFPA, 1 Batterymarch Park, Quincy, MA 02169.
(47) NFPA 101--NFPA 101, Life Safety Code, 2012 Edition.
A publication of the NFPA that provides minimum requirements, with
due regard to function, for the design, operation, and maintenance
of buildings and structures for safety to life from fire. The Centers
for Medicare and Medicaid Services has incorporated NFPA 101, 2012
Edition, by reference as a Condition of Participation in the ICF/IID
program. Copies of NFPA 101 may be obtained from NFPA, 1 Batterymarch
Park, Quincy, MA 02169.
(48) Oral medication--Medication administered by way
or through the mouth and does not include sublingual or buccal.
(49) Person--An individual, firm, partnership, corporation,
association, or joint stock company, and any legal successor of those
entities.
(50) 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.
(51) QIDP--Qualified intellectual disability professional.
A person who has at least one year of experience working directly
with persons with an intellectual disability or related conditions
and is one of the following:
(A) a doctor of medicine or osteopathy;
(B) a registered nurse; or
(C) an individual who holds at least a bachelor's degree
in one of the following areas:
(i) occupational therapy;
(ii) physical therapy;
(iii) social work;
(iv) speech-language pathology or audiology;
(v) recreation or a specialty area such as art, dance,
music or physical education;
(vi) dietetics; or
(vii) human services, such as sociology, special education,
rehabilitation counseling, or psychology (as specified in Title 42,
Code of Federal Regulations, §483.430(b)(5)(x)(W180)).
(52) 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.
(53) Registered nurse--A person licensed to practice
professional nursing in accordance with Texas Occupations Code, Chapter
301.
(54) 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.
(55) Renovation--The restoration to a former better
state by cleaning, repairing, or rebuilding, e.g., routine maintenance,
repairs, equipment replacement, painting.
(56) 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.
(57) 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.
(58) Small facilities--Facilities with 16 or fewer
resident beds.
(59) Specialized staff--Personnel with expertise in
developmental disabilities.
(60) Standards--The minimum conditions, requirements,
and criteria with which a facility will have to comply to be licensed
under this chapter.
(61) Topical medication--Medication applied to the
skin but does not include medication administered in the eyes.
(62) 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.
(63) 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.
(64) 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 TexReg3806;amended to be effective April 27, 2016, 41 TexReg 2971; amended to be effective October 11, 2017, 42 TexReg 5505 |
