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The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise. (1)Accreditation commission--Has the meaning given in Texas Health and Safety Code, §247.032. (2)Advance directive--Has the meaning given in Texas Health and Safety Code, §166.002. (3)Affiliate--With respect to: (A)a partnership, each partner thereof; (B)a corporation, each officer, director, principal stockholder, subsidiary, and each person with a disclosable interest, as the term is defined in this section; and (C)a natural person: (i)said person's spouse; (ii)each partnership and each partner thereof of which said person or any affiliate of said person is a partner; and (iii)each corporation in which said person is an officer, director, principal stockholder, or person with a disclosable interest. (4)Alzheimer's facility--A type B assisted living facility that is certified to provide specialized services to residents with Alzheimer's or a related condition. (5)Applicant--A person applying for an assisted living license under Texas Health and Safety Code, Chapter 247. (6)Attendant--A facility employee who provides direct care to residents. This employee may serve other functions, including cook, janitor, porter, maid, laundry worker, security personnel, bookkeeper, activity director and manager. (7)Authorized electronic monitoring (AEM)--The placement of an electronic monitoring device in a resident's room and using the device to make tapes or recordings after making a request to the facility to allow electronic monitoring. (8)Bedfast--A resident who is permanently confined to a bed. (9)Behavioral emergency--Has the meaning given in §92.41(p)(2) of this chapter (relating to Standards for Type A, Type B, and Type E Assisted Living Facilities). (10)Change of ownership--A change of ownership is: (A)a change of sole proprietorship that is licensed to operate a facility; (B)a change of 50 percent or more in the ownership of the business organization that is licensed to operate the facility; (C)a change in the federal taxpayer identification number; or (D)relinquishment by the license holder of the operation of the facility. (11)Co-mingles--The laundering of apparel or linens of two or more individuals together. (12)Controlling person--A person with the ability, acting alone or with others, to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of an assisted living facility or other person. A controlling person includes: (A)a management company, landlord, or other business entity that operates or contracts with others for the operation of an assisted living facility; (B)any person who is a controlling person of a management company or other business entity that operates an assisted living facility or that contracts with another person for the operation of an assisted living facility; and (C)any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of an assisted living facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility, except an employee, lender, secured creditor, landlord, or other person who does not exercise formal or actual influence or control over the operation of an assisted living facility. (13)Covert electronic monitoring--The placement and use of an electronic monitoring device that is not open and obvious, and the facility and DADS have not been informed about the device by the resident, by a person who placed the device in the room, or by a person who uses the device. (14)DADS--The Department of Aging and Disability Services. (15)DHS--Formerly, this term referred to the Texas Department of Human Services; it now refers to DADS. (16)Dietitian--A person who currently holds a license or provisional license issued by the Texas State Board of Examiners of Dietitians. (17)Disclosure statement--A DADS form for prospective residents or their legally authorized representatives that a facility must complete. The form contains information regarding the preadmission, admission, and discharge process; resident assessment and service plans; staffing patterns; the physical environment of the facility; resident activities; and facility services. (18)Electronic monitoring device--Video surveillance cameras and audio devices installed in a resident's room, designed to acquire communications or other sounds that occur in the room. An electronic, mechanical, or other device used specifically for the nonconsensual interception of wire or electronic communication is excluded from this definition. (19)Facility--An entity required to be licensed under the Assisted Living Facility Licensing Act, Texas Health and Safety Code, Chapter 247. (20)Fire suppression authority--The paid or volunteer fire-fighting organization or tactical unit that is responsible for fire suppression operations and related duties once a fire incident occurs within its jurisdiction. (21)Governmental unit--The state or any county, municipality, or other political subdivision, or any department, division, board, or other agency of any of the foregoing. (22)Health care professional--An individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice. The term includes a physician, registered nurse, licensed vocational nurse, licensed dietitian, physical therapist, and occupational therapist. (23)Immediate threat--There is considered to be an immediate threat to the health or safety of a resident, or a situation is considered to put the health or safety of a resident in immediate jeopardy, if there is a situation in which an assisted living facility's noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident. (24)Immediately available--The capacity of facility staff to immediately respond to an emergency after being notified through a communication or alarm system. The staff are to be no more than 600 feet from the farthest resident. (25)Large facility--A facility licensed for 17 or more residents. (26)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. (27)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 do not include contracts solely for maintenance, laundry, or food services. (28)Manager--The individual in charge of the day-to-day operation of the facility. (29)Medication-- (A)Medication is any substance: (i)recognized as a drug in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Texas Drug Code Index or official National Formulary, or any supplement to any of these official documents; (ii)intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; (iii)other than food intended to affect the structure or any function of the body; and (iv)intended for use as a component of any substance specified in this definition. (B)Medication includes both prescription and over-the-counter medication, unless otherwise specified. (C)Medication does not include devices or their components, parts, or accessories. (30)Medication administration--The direct application of a medication or drug to the body of a resident by an individual legally allowed to administer medication in the state of Texas. (31)Medication assistance or supervision--The assistance or supervision of the medication regimen by facility staff. Refer to §92.41(j) of this chapter. (32)Medication (self-administration)--The capability of a resident to administer the resident's own medication or treatments without assistance from the facility staff. (33)NFPA 101--The 1988 publication titled "NFPA 101 Life Safety Code" published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02169. (34)Ombudsman--An advocate who is a certified representative, staff member, or volunteer of the Office of the State Long-Term Care Ombudsman. (35)Outside resource--A home and community support services agency licensed under Texas Health and Safety Code, Chapter 142, or a health care professional not employed by the facility. (36)Person--Any individual, firm, partnership, corporation, association, or joint stock association, and the legal successor thereof. (37)Person with a disclosable interest--Any person who owns 5.0 percent interest in any corporation, partnership, or other business entity that is required to be licensed under Texas Health and Safety Code, Chapter 247. 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. (38)Personal care services--Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication or the assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in the facility or who needs assistance to manage his or her personal life, regardless of whether a guardian has been appointed for the person. (39)Physician--A practitioner licensed by the Texas Medical Board. (40)Practitioner--An individual who is currently licensed in a state in which the individual practices as a physician, dentist, podiatrist, or a physician assistant; or a registered nurse approved by the Texas Board of Nursing to practice as an advanced practice nurse. (41)Qualified medical personnel--An individual who is licensed, certified, or otherwise authorized to administer health care. The term includes a physician, registered nurse, and licensed vocational nurse. (42)Resident--An individual accepted for care in a facility. (43)Respite--The provision by a facility of room, board, and care at the level ordinarily provided for permanent residents of the facility to a person for not more than 60 days for each stay in the facility. (44)Restraint 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. (45)Restraints--Chemical restraints are psychoactive drugs administered for the purposes of discipline or convenience and are not required to treat the resident's medical symptoms. Physical restraints are any manual method, or physical or mechanical device, material, or equipment attached or adjacent to the resident that restricts freedom of movement. Physical restraints include restraint holds. (46)Safety--Protection from injury or loss of life due to such conditions as fire, electrical hazard, unsafe building or site conditions, and the hazardous presence of toxic fumes and materials. (47)Seclusion--The involuntary separation of a resident from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving. (48)Service plan--A written description of the medical care or the supervision and nonmedical care needed by a resident. (49)Short-term acute episode--An illness of less than 30 days duration. (50)Small facility--A facility licensed for 16 or fewer residents. (51)Staff--Employees of an assisted living facility. (52)Standards--The minimum conditions, requirements, and criteria established in this chapter with which a facility must comply to be licensed under this chapter. (53)Terminal condition--A medical diagnosis, certified by a physician, of an illness that will result in death in six months or less. (54)Universal precautions--An approach to infection control in which blood, any body fluids visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids are treated as if known to be infectious for HIV, hepatitis B, and other blood-borne pathogens. (55)Working day--Any 24-hour period, Monday through Friday, excluding state and federal holidays.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on July 21, 2008
TRD-200803701 Marianne Reat
Interim General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: August 31, 2008
For further information, please call: (512) 438-3734
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