The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1) - (4)(No change.)
(5)Alzheimer's Assisted Living Disclosure Statement
form--The HHSC-prescribed [DADS-prescribed]
form a facility uses to describe the nature of care or treatment of
residents with Alzheimer's disease and related disorders.
(6) - (11)(No change.)
(12)Certified ombudsman--Has the
meaning given in 26 TAC §88.2 (relating to Definitions).
(13)CFR--Code of Federal Regulations.
(14)[(12)] Change of ownership--An
event that results in a change to the federal taxpayer identification
number of the license holder of a facility. The substitution of a
personal representative for a deceased license holder is not a change
of ownership.
(15)[(13)] Commingles--The laundering
of apparel or linens of two or more individuals together.
(16)[(14)] 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;
(C)an officer or director of a publicly traded corporation
that is, or that controls, a facility, management company, or other
business entity described in subparagraph (A) of this paragraph but
does not include a shareholder or lender of the publicly traded corporation;
and
(D)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.
(17)[(15)] Covert electronic
monitoring--The placement and use of an electronic monitoring device
that is not open and obvious, and the facility and HHSC [
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.
(18)[(16)] DADS--Prior
to September 1, 2017, the [The] Department of Aging
and Disability Services. September 1, 2017, and after, the Texas
Health and Human Services Commission (HHSC).
(19)[(17)] DHS--Formerly, this
term referred to the Texas Department of Human Services; it now refers
to HHSC [DADS].
(20)[(18)] Dietitian--A person
who currently holds a license or provisional license issued by the
Texas State Board of Examiners of Dietitians.
(21)[(19)] Direct ownership
interest--Ownership of equity in the capital, stock, or profits of,
or a membership interest in, an applicant or license holder.
(22)[(20)] Disclosable interest--Five
percent or more direct or indirect ownership interest in an applicant
or license holder.
(23)[(21)] Disclosure statement--
An HHSC [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.
(24)[(22)] 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.
(25)[(23)] Exploitation--
(A)for a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code §261.401(2), which is the illegal or improper use of a child
or of the resources of a child for monetary or personal benefit, profit,
or gain by an employee, volunteer, or other individual working under
the auspices of a facility or program as further described by rule
or policy; and
(B)for a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(4), which is the illegal or improper act
or process of a caregiver, family member, or other individual who
has an ongoing relationship with the resident using the resources
of a resident for monetary or personal benefit, profit, or gain without
the informed consent of the resident.
(26)[(24)] Facility--An entity
required to be licensed under the Assisted Living Facility Licensing
Act, Texas Health and Safety Code, Chapter 247.
(27)[(25)] 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.
(28)[(26)] 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).
(29)[(27)] 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.
(30)[(28)] 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.
(31)[(29)] 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.
(32)[(30)] 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.
(33)[(31)] Indirect ownership
interest--Any ownership or membership interest in a person that has
a direct ownership interest in an applicant or license holder.
(34)[(32)] Large facility--A
facility licensed for 17 or more residents.
(35)[(33)] 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.
(36)[(34)] License holder--A
person that holds a license to operate a facility.
(37)[(35)] 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 HHSC [DADS] or any other
state, federal or local authority.
(38)[(36)] Local code--A model
building code adopted by the local building authority where the assisted
living facility is constructed or located.
(39)[(37)] 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.
(40)[(38)] Manager--The individual
in charge of the day-to-day operation of the facility.
(41)Managing local ombudsman--Has
the meaning given in 26 TAC §88.2.
(42)[(39)] 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.
(43)[(40)] 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.
(44)[(41)] Medication assistance
or supervision--The assistance or supervision of the medication regimen
by facility staff. Refer to §92.41(j) of this chapter.
(45)[(42)] Medication (self-administration)--The
capability of a resident to administer the resident's own medication
or treatments without assistance from the facility staff.
(46)[(43)] Neglect--
(A)for a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code, §261.401(3), which is a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an individual
treatment plan, plan of care, or individualized service plan, that
causes or may cause substantial emotional harm or physical injury
to, or the death of, a child served by the facility or program as
further described by rule or policy; and
(B)for a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(6), which is the failure to provide for
one's self the goods or services, including medical services, which
are necessary to avoid physical or emotional harm or pain or the failure
of a caregiver to provide such goods or services.
(47)[(44)] 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.
(48)Ombudsman intern--Has the meaning
given in 26 TAC §88.2.
(49)Ombudsman program--Has the meaning
given in 26 TAC §88.2.
[(45)Ombudsman--Has the meaning given
in §85.2 of this title (relating to Definitions).]
(50)[(46)] Person--Any individual,
firm, partnership, corporation, association, or joint stock association,
and the legal successor thereof.
(51)[(47)] 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.
(52)[(48)] Physician--A practitioner
licensed by the Texas Medical Board.
(53)[(49)] 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.
(54)Private and unimpeded access--Access
to enter a facility, or communicate with a resident outside of the
hearing and view of others, without interference or obstruction from
facility employees, volunteers, or contractors.
(55)[(50)] 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.
(56)[(51)] Resident--An individual
accepted for care in a facility.
(57)[(52)] 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.
(58)[(53)] 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.
(59)[(54)] 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.
(60)[(55)] 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.
(61)[(56)] 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.
(62)[(57)] Service plan--A written
description of the medical care, supervision, or nonmedical care needed
by a resident.
(63)[(58)] Short-term acute
episode--An illness of less than 30 days duration.
(64)[(59)] Small facility--A
facility licensed for 16 or fewer residents.
(65)[(60)] Staff--Employees
of an assisted living facility.
(66)[(61)] Standards--The minimum
conditions, requirements, and criteria established in this chapter
with which a facility must comply to be licensed under this chapter.
(67)State Ombudsman--Has the meaning
given in 26 TAC §88.2.
(68)[(62)] Terminal condition--A
medical diagnosis, certified by a physician, of an illness that will
result in death in six months or less.
(69)[(63)] 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.
(70)[(64)] Vaccine Preventable
Diseases--The diseases included in the most current recommendations
of the Advisory Committee on Immunization Practices of the CDC.
(71)illfully interfere--To act or
not act to intentionally prevent, interfere with, or impeded or to
attempt to intentionally prevent, interfere with, or impede.
(72)[(65)] 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 December 29, 2017
TRD-201705427 Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: February 11, 2018
For further information, please call: (512) 438-4356
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