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Texas Register

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 1	TEXAS DEPARTMENT OF HUMAN SERVICES
CHAPTER 92	LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER A	INTRODUCTION
RULE §92.4	Types of Assisted Living Facilities
ISSUE	09/01/2000
ACTION	Proposed

Preamble

No Rule Available

Types of assisted living facilities are as follows.

(1)-(3)(No change.)

(4)Type E.

(A)Limitation on types of residents. In a Type E facility, a resident:

(i)must be physically and mentally capable of evacuating the facility unassisted. This may include persons who are mobile, although nonambulatory, such as persons in wheelchairs or electric carts having the capacity to transfer and evacuate themselves in an emergency;

(ii)must not require routine attendance during nighttime sleeping hours; and

(iii)must be capable of following directions under emergency conditions.

(B)Limitation on types of services. Notwithstanding any other provision in this chapter, Type E facilities may only provide medication supervision, in accordance with Health and Safety Code §247.002(5)(B), and general supervision of residents' welfare, in accordance with Health and Safety Code §247.002(5)(C), and may not provide substantial assistance with the activities of daily living, as described by Health and Safety Code §247.002(5)(A) - assistance with meals, dressing, movement, bathing, or other personal needs or maintenance.

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 August 21, 2000

TRD-200005881

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: October 1, 2000

For further information, please call: (512) 438-3108

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