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) - (9)(No change.)
[(10)Centers for Medicare and Medicaid
Services (CMS)--The federal agency that provides funding and oversight
for the Medicare and Medicaid programs. CMS was formerly known as
the Health Care Financing Administration (HCFA).]
(10) [(11)] Change of ownership--
An event that occurs when a facility's license holder has a different
federal taxpayer identification number than a prospective license
holder's federal taxpayer identification number, except that the substitution
of a personal representative for a deceased license holder is not
a change of ownership. [A change of 50 percent or more
in the ownership of the business organization that is licensed to
operate the facility, or a change in the federal taxpayer identification
number.]
(11)CMS--Centers for Medicare &
Medicaid Services. The federal agency that provides funding and oversight
for the Medicare and Medicaid programs. CMS was formerly known as
the Health Care Financing Administration (HCFA).
(12)Controlled substance--A drug, substance, or immediate
precursor as defined in the Texas Controlled Substance Act, Health
and Safety Code, Chapter 481, as amended, or the Federal Controlled
Substance Act of 1970, Public Law 91-513, as amended.
(13)Controlling person of an applicant, license holder,
or facility--A person who, acting alone or with others, has the ability
to directly or indirectly influence or direct the management, expenditure
of money, or policies of an applicant or license holder or of a facility
owned by an applicant or license holder.
(A)The term includes:
[(i)a person who owns at least 5
percent interest in the applicant or license holder;]
(i)[(ii)] a spouse of the applicant
or license holder;
(ii)[(iii)] an officer or director,
if the applicant or license holder is a corporation;
(iii)[(iv)] a partner, if the
applicant or license holder is a partnership;
(iv)[(v)] a trustee or trust
manager, if the applicant or license holder is a trust;
(v)[(vi)] a person that operates
or contracts with others to operate the facility;
(vi)[(vii)] a person who, because
of a personal, familial, or other relationship is in a position of
actual control or authority over the facility, without regard to whether
the person is formally named as an owner, manager, director, officer,
provider, consultant, contractor, or employee of the facility; and
(vii)[(viii)] a person who would
be a controlling person of an entity described in clauses (i)
- (vi) [(i) - (vii)] of this subparagraph, if that
entity were the applicant or license holder.
(B)The term does not include an employee, lender,
secured creditor, or other person who does not exercise formal or
actual influence or control over the operation of a facility.
(14)DADS--The Department of Aging and Disability Services
or its successor agency.
(15)Dangerous drug--Any drug as defined in the Texas
Dangerous Drug Act, Health and Safety Code, Chapter 483.
(16)Department--DADS [The Department
of Aging and Disability Services].
(17)Designee--A state agency or entity with which
DADS contracts to perform specific, identified duties related to the
fulfillment of a responsibility prescribed by this chapter.
(18)Direct ownership interest--Ownership
of equity in the capital, stock, or profits of, or a membership interest
in, an applicant or license holder.
(19)Disclosable interest--Five percent
or more direct or indirect ownership interest in an applicant or license
holder.
(20)[(18)] Drug (also referred
to as medication)--A drug is:
(A) - (D)(No change.)
(21)[(19)] Establishment--A
place of business or a place where business is conducted which includes
staff, fixtures, and property.
(22)[(20)] Facility--A facility
serving persons with an intellectual disability or related conditions
licensed under this chapter as described in §90.2 of this chapter
(relating to Scope) and required to be licensed under the Health and
Safety Code, Chapter 252, or the entity that operates such a facility;
or, in Subchapters C, D, and F of this chapter, a program provider
that must comply with those subchapters in accordance with §9.212
of this title (relating to Non-licensed Providers Meeting Licensure
Standards).
(23)[(21)] Governmental unit--A
state or a political subdivision of the state, including a county
or municipality.
(24)[(22)] Health care professional--A
person licensed, certified, or otherwise authorized to administer
health care, for profit or otherwise. The term includes a physician,
licensed nurse, physician assistant, podiatrist, dentist, physical
therapist, speech therapist, and occupational therapist.
(25)[(23)] Hearing--A contested
case hearing held in accordance with the Administrative Procedure
Act, Government Code, Chapter 2001, and the formal hearing procedures
in 1 TAC Chapter 357, Subchapter I.
(26)[(24)] Immediate and serious
threat--A situation in which there is a high probability that serious
harm or injury to residents could occur at any time or has already
occurred and may occur again if residents are not protected effectively
from the harm or if the threat is not removed.
(27)[(25)] Immediate jeopardy
to health and safety--A situation in which immediate corrective action
is necessary because the facility's noncompliance with one or more
requirements has caused, or is likely to cause, serious injury, harm,
impairment, or death to a resident receiving care in the facility.
(28)[(26)] Incident--An unusual
or abnormal event or occurrence in, at, or affecting the facility
or the residents of the facility.
(29)Indirect ownership interest--Any
ownership or membership interest in a person that has a direct ownership
interest in an applicant or license holder.
(30)[(27)] Inspection--Any on-site
visit to or survey of a facility by DADS for the purpose of inspection
of care, licensing, monitoring, complaint investigation, architectural
review, or similar purpose.
(31)[(28)] IPP--Individual program
plan. A plan developed by the interdisciplinary team of a facility
resident that identifies the resident's training, treatment, and habilitation
needs, and describes programs and services to meet those needs.
(32)[(29)] Large facility--Facilities
with 17 or more resident beds.
(33)[(30)] Legal guardian--A
person who is appointed guardian under §693 of the Probate Code.
(34)[(31)] 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)[(32)] License--Approval
from DADS to establish or operate a facility.
(36)[(33)] License holder--A
person that [who] holds a license to operate
a facility.
(37)[(34)] Licensed nurse--A
licensed vocational nurse, registered nurse, or advanced practice
nurse.
(38)[(35)] Life Safety Code
(also referred to as the Code or NFPA 101)--The Code for Safety to
Life from Fire in Buildings and Structures, Standard 101, of the National
Fire Protection Association (NFPA).
(39)[(36)] 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)[(37)] 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)[(38)] 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)[(39)] LVN--Licensed vocational
nurse. A person licensed to practice vocational nursing in accordance
with Texas Occupations Code, Chapter 301.
(43)[(40)] 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)[(41)] Metered dose inhaler--A
device that delivers a measured amount of medication as a mist that
can be inhaled.
(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) - (B)(No change.)
[(45)Qualified mental retardation
professional (QMRP)--A person with at least a bachelor's degree who
has at least one year of experience working with persons with an intellectual
disability or related conditions.]
(48)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)).
(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 21, 2017
TRD-201701210 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: May 7, 2017
For further information, please call: (512) 438-5502
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