The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1) - (11)(No change.)
(12)Change of ownership--An event
that occurs when a facility's license holder has a different federal
taxpayer identification number than the 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.
[(12)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.]
(13) - (18)(No change.)
(19)Direct ownership interest--Ownership
of equity in the capital, stock, or profits of, or a membership interest
in, an applicant or license holder.
(20)Disclosable interest--Five percent
or more direct or indirect ownership interest in an applicant or license
holder.
(21)[(19)] 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.
(22)[(20)] 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.
(23)[(21)] Exploitation--
(A) - (B)(No change.)
(24)[(22)] Facility--An entity
required to be licensed under the Assisted Living Facility Licensing
Act, Texas Health and Safety Code, Chapter 247.
(25)[(23)] 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.
(26)[(24)] Flame spread--The
rate of fire travel along the surface of a material. This is different
than other requirements for time-rated "burn through" resistance ratings,
such as one-hour rated. Flame spread ratings are Class A (0-25), Class
B (26-75), and Class C (76-200).
(27)[(25)] 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.
(28)[(26)] 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.
(29)[(27)] 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.
(30)[(28)] 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 and
in the facility while on duty.
(31)Indirect ownership interest--Any
ownership or membership interest in a person that has a direct ownership
interest in an applicant or license holder.
(32)[(29)] Large facility--A
facility licensed for 17 or more residents.
(33)[(30)] 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.
(34)License holder--A person that
holds a license to operate a facility.
(35)[(31)] Listed--Equipment,
materials, or services included in a list published by an organization
concerned with evaluation of products or services, that maintains
periodic inspection of production of listed equipment or materials
or periodic evaluation of services, and whose listing states that
either the equipment, material, or service meets appropriate designated
standards or has been tested and found suitable for a specified purpose.
The listing organization must be acceptable to the authority having
jurisdiction, including DADS or any other state, federal or local
authority.
(36)[(32)] Local code--A model
building code adopted by the local building authority where the assisted
living facility is constructed or located.
(37)[(33)] 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,
transportation, or food services.
(38)[(34)] Manager--The individual
in charge of the day-to-day operation of the facility.
(39)[(35)] Medication--
(A) - (C)(No change.)
(40)[(36)] 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.
(41)[(37)] Medication assistance
or supervision--The assistance or supervision of the medication regimen
by facility staff. Refer to §92.41(j) of this chapter.
(42)[(38)] Medication (self-administration)--The
capability of a resident to administer the resident's own medication
or treatments without assistance from the facility staff.
(43)[(39)] Neglect--
(A) - (B)(No change.)
(44)[(40)] NFPA 101--The 2000
publication titled "NFPA 101 Life Safety Code" published by the National
Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts
02169.
(45)[(41)] Ombudsman--Has the
meaning given in §85.2 of this title (relating to Definitions).
(46)[(42)] Person--Any individual,
firm, partnership, corporation, association, or joint stock association,
and the legal successor thereof.
[(43)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.]
(47)[(44)] Personal care services--Assistance
with feeding, dressing, moving, bathing, or other personal needs or
maintenance; 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.
(48)[(45)] Physician--A practitioner
licensed by the Texas Medical Board.
(49)[(46)] 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 registered nurse.
(50)[(47)] 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.
(51)[(48)] Resident--An individual
accepted for care in a facility.
(52)[(49)] 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.
(53)[(50)] Restraint hold--
(A) - (B)(No change.)
(54)[(51)] 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.
(55)[(52)] 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.
(56)[(53)] 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.
(57)[(54)] Service plan--A written
description of the medical care, supervision, or nonmedical care needed
by a resident.
(58)[(55)] Short-term acute
episode--An illness of less than 30 days duration.
(59)[(56)] Small facility--A
facility licensed for 16 or fewer residents.
(60)[(57)] Staff--Employees
of an assisted living facility.
(61)[(58)] Standards--The minimum
conditions, requirements, and criteria established in this chapter
with which a facility must comply to be licensed under this chapter.
(62)[(59)] Terminal condition--A
medical diagnosis, certified by a physician, of an illness that will
result in death in six months or less.
(63)[(60)] 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.
(64)[(61)] Vaccine Preventable
Diseases--The diseases included in the most current recommendations
of the Advisory Committee on Immunization Practices of the CDC.
(65)[(62)] Working day--Any
24-hour period, Monday through Friday, excluding state and federal
holidays.
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-201701212 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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