(27) Dietitian--A person who is currently licensed under the
laws of the State of Texas to use the title of licensed dietitian or provisional
licensed dietitian, or who is a registered dietitian.
(28) Director--The director of the Home and Community Support
Services Agencies Program of the Texas Department of Human Services or his
or her designee.
(29) End stage renal disease (ESRD)--For home dialysis designation,
the stage of renal impairment that appears irreversible and permanent and
requires a regular course of dialysis or kidney transplantation to maintain
life.
(30) Freestanding hospice--An agency that provides hospice
services to clients of the agency who are residing at the agency's physical
location including inpatient and respite care.
(31) Functional need--Needs of the individual which require
services without regard to diagnosis or label.
(32) Health assessment--A determination of a client's physical
and mental status through inventory of systems.
(33) Home and community support services agency--A person who
provides home health, hospice, or personal assistance services for pay or
other consideration in a client's residence, an independent living environment,
or another appropriate location.
(34) Home health medication aide--A person permitted under
the Health and Safety Code, Chapter 142, Subchapter B.
(35) Home health service--The provision of one or more of the
following health services required by an individual in a residence or independent
living environment:
(A) nursing, including blood pressure monitoring and diabetes
treatment;
(B) physical, occupational, speech, or respiratory therapy;
(C) medical social service;
(D) intravenous therapy;
(E) dialysis;
(F) service provided by unlicensed personnel under the delegation
of a licensed health professional;
(G) the furnishing of medical equipment and supplies, excluding
drugs and medicines; or
(H) nutritional counseling.
(36) Hospice--A person licensed under this chapter to provide
hospice services, including a person who owns or operates a residential unit
or an inpatient unit.
(37) Hospice services--Services, including services provided
by unlicensed personnel under the delegation of a registered nurse or physical
therapist, provided to a client or a client's family as part of a coordinated
program consistent with the standards and rules adopted under this chapter.
These services include palliative care for terminally ill clients and support
services for clients and their families that:
(A) are available 24 hours a day, seven days a week, during
the last stages of illness, during death, and during bereavement;
(B) are provided by a medically directed interdisciplinary
team; and
(C) may be provided in a home, nursing facility, residential
unit, or inpatient unit according to need. These services do not include inpatient
care normally provided in a licensed hospital to a terminally ill person who
has not elected to be a hospice client. For the purposes of this definition,
the word "home" includes a person's "residence" as defined in this section.
(38) Independent living environment--A client's individual
residence, which may include a group home or foster home, or other settings
where a client participates in activities, including school, work, or church.
(39) Individual/family choice and control--Individuals and
families who express preferences and make choices about how their support
service needs are met.
(40) Inpatient unit--A facility that provides a continuum of
medical or nursing care and other hospice services to clients admitted into
the unit and that is in compliance with the conditions of participation for
inpatient units adopted under Social Security Act, Title XVIII (42 United
States Code §1395 et seq.) and standards adopted under this chapter.
(41) Licensed vocational nurse--A person who is currently licensed
under Occupations Code, Chapter 302, as a licensed vocational nurse.
(42) Manager--A person having a contractual relationship to
provide 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.
(43) Medication administration record--A record used to document
the administration of a client's medications.
(44) Medication list--A list of a client's medications that
includes the physician orders relating to dosage and the frequency and method
of administration. The medication list is used to identify possible ineffective
drug therapy or adverse reactions, significant side effects, drug allergies,
and contraindications.
(45) Notarized copy--A sworn affidavit stating that attached
copies are true and correct copies of the original documents.
(46) Nursing facility--An institution licensed as a nursing
home under the Health and Safety Code, Chapter 242.
(47) 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, but is not limited to, 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 him or her
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.
(48) Occupational therapist--A person who is currently licensed
under the Occupational Therapy Practice Act, Occupations Code, Chapter 454,
as an occupational therapist.
(49) Original active client record--A record composed first-hand
for a client currently receiving services.
(50) Owner--One of the following persons that will hold or
does hold a license issued under the statute in the person's name or the person's
assumed name:
(A) a corporation;
(B) a limited liability company;
(C) an individual;
(D) a partnership if a partnership name is stated in a written
partnership agreement or an assumed name certificate;
(E) all partners in a partnership if a partnership name is
not stated in a written partnership agreement or an assumed name certificate;
or
(F) all co-owners under any other business arrangement.
(51) Palliative care--Intervention services that focus primarily
on the reduction or abatement of physical, psychosocial, and spiritual symptoms
of a terminal illness.
(52) Parent agency--The agency that develops and maintains
administrative controls and provides supervision of branch offices and alternate
delivery sites.
(53) Parent company--A person, other than an individual, who
has a direct 100% ownership interest in the owner of an agency.
(54) Person--An individual, corporation, or association.
(55) 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 health-related services performed under
circumstances that are defined as not constituting the practice of professional
nursing by the Board of Nurse Examiners through a memorandum of understanding
with DHS in accordance with Health and Safety Code, §142.016, and health-related
tasks provided by unlicensed personnel under the delegation of a registered
nurse.
(56) Physical therapist--A person who is currently licensed
under Occupations Code, Chapter 453, as a physical therapist.
Cont'd... |