The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
Individual subchapters may have definitions that are specific to the
subchapter.
(1) - (34)(No change.)
(35)Life Safety Code [(also referred to as the
Code or NFPA 101)]--NFPA 101 [The Code for Safety
to Life from Fire in Buildings and Structures, Standard 101, of the
National Fire Protection Association (NFPA)].
(36) - (41)(No change.)
(42)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.
(43)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.
(44)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.
(45)[(42)] Oral medication--Medication
administered by way or through the mouth and does not include sublingual
or buccal.
(46)[(43)] Person--An individual,
firm, partnership, corporation, association, or joint stock company,
and any legal successor of those entities.
(47)[(44)] 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.
(48)[(45)] Qualified mental
retardation professional (QMRP)--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:
(49)[(46)] 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.
(50)[(47)] Registered nurse--A
person licensed to practice professional nursing in accordance with
Texas Occupations Code, Chapter 301.
(51)[(48)] 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.
(52)[(49)] Renovation--The restoration
to a former better state by cleaning, repairing, or rebuilding, e.g.,
routine maintenance, repairs, equipment replacement, painting.
(53)[(50)] 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.
(54)[(51)] 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.
(55)[(52)] Small facilities--Facilities
with 16 or fewer resident beds.
(56)[(53)] Specialized staff--Personnel
with expertise in developmental disabilities.
(57)[(54)] Standards--The minimum
conditions, requirements, and criteria with which a facility will
have to comply to be licensed under this chapter.
(58)[(55)] Topical medication--Medication
applied to the skin but does not include medication administered in
the eyes.
(59)[(56)] 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.
(60)[(57)] 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.
(61)[(58)] 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.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 16, 2017
TRD-201701095 Lawrence Hornsby
General
Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: April 30, 2017
For further information, please call: (512) 438-5502
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