The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1)Abuse--
(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 §261.001(1), which is an intentional, knowing, or reckless
act or omission by an employee, volunteer, or other individual working
under the auspices of a facility or program that causes or may cause
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(1), which is:
(i)the negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with resulting
physical or emotional harm or pain to a resident by the resident's
caregiver, family member, or other individual who has an ongoing relationship
with the resident; or
(ii)sexual abuse of a resident, including any involuntary
or nonconsensual sexual conduct that would constitute an offense under
Section 21.08, Penal Code (indecent exposure), or Chapter 22, Penal
Code (assaultive offenses), committed by the resident's caregiver,
family member, or other individual who has an ongoing relationship
with the resident.
(2)Accreditation commission--Has the meaning given
in Texas Health and Safety Code, §247.032.
(3)Actual harm--A negative outcome that compromises
a resident's physical, mental, or emotional well-being.
(4)Advance directive--Has the meaning given in Texas
Health and Safety Code, §166.002.
(5)Affiliate--With respect to:
(A)a partnership, each partner thereof;
(B)a corporation, each officer, director, principal
stockholder, subsidiary, and each person with a disclosable interest,
as the term is defined in this section; and
(C)a natural person:
(i)said person's spouse;
(ii)each partnership and each partner thereof of which
said person or any affiliate of said person is a partner; and
(iii)each corporation in which said person is an officer,
director, principal stockholder, or person with a disclosable interest.
(6)Alzheimer's Assisted Living Disclosure Statement
form--The HHSC-prescribed form a facility uses to describe the nature
of care or treatment of residents with Alzheimer's disease and related
disorders.
(7)Alzheimer's disease and related disorders--Alzheimer's
disease and any other irreversible dementia described by the Centers
for Disease Control and Prevention (CDC) or the most current edition
of the Diagnostic and Statistical Manual of Mental Disorders.
(8)Alzheimer's facility--A type B assisted living
facility that is certified to provide specialized services to residents
with Alzheimer's or a related condition.
(9)Applicant--A person applying for a license to operate
an assisted living facility under Texas Health and Safety Code, Chapter
247.
(10)Attendant--A facility employee who provides direct
care to residents. This employee may serve other functions, including
cook, janitor, porter, maid, laundry worker, security personnel, bookkeeper,
activity director, and manager.
(11)Authorized electronic monitoring (AEM)--The placement
of an electronic monitoring device in a resident's room and using
the device to make tapes or recordings after making a request to the
facility to allow electronic monitoring.
(12)Behavioral emergency--Has the meaning given in §92.41(p)(2)
of this chapter (relating to Standards for Type A and Type B Assisted
Living Facilities).
(13)Certified ombudsman--Has the meaning given in
26 TAC §88.2 (relating to Definitions).
(14)CFR--Code of Federal Regulations.
(15)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.
(16)Commingles--The laundering of apparel or linens
of two or more individuals together.
(17)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.
(18)Covert electronic monitoring--The placement and
use of an electronic monitoring device that is not open and obvious,
and the facility and HHSC 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.
(19)DADS-- Prior to September 1, 2017, the Department
of Aging and Disability Services. September 1, 2017, and after, the
Texas Health and Human Services Commission (HHSC).
(20)DHS--Formerly, this term referred to the Texas
Department of Human Services; it now refers to HHSC.
(21)Dietitian--A person who currently holds a license
or provisional license issued by the Texas State Board of Examiners
of Dietitians.
(22)Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(23)Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(24)Disclosure statement--An HHSC 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.
(25)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.
(26)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 §261.001(3), 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.
(27)Facility--An entity required to be licensed under
the Assisted Living Facility Licensing Act, Texas Health and Safety
Code, Chapter 247.
(28)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.
(29)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).
(30)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.
(31)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.
(32)HHSC--The Texas Health and Human Services Commission.
(33)Immediate threat to the health or safety of a
resident--A situation that causes, or is likely to cause, serious
injury, harm, or impairment to or the death of a resident.
(34)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.
(35)Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(36)Isolated-- A very limited number of residents
are affected and a very limited number of staff are involved, or the
situation has occurred only occasionally.
(37)Large facility--A facility licensed for 17 or
more residents.
(38)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.
(39)License holder--A person that holds a license
to operate a facility.
(40)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 or
any other state, federal, or local authority.
(41)Local code--A model building code adopted by the
local building authority where the assisted living facility is constructed
or located.
(42)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.
(43)Manager--The individual in charge of the day-to-day
operation of the facility.
(44)Managing local ombudsman--Has the meaning given
in 26 TAC §88.2.
(45)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.
(46)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.
(47)Medication assistance or supervision--The assistance
or supervision of the medication regimen by facility staff. Refer
to §92.41(j) of this chapter.
(48)Medication (self-administration)--The capability
of a resident to administer the resident's own medication or treatments
without assistance from the facility staff.
(49)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, §261.001(4), 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.
(50)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.
(51)Ombudsman intern--Has the meaning given in 26
TAC §88.2.
(52)Ombudsman program--Has the meaning given in 26
TAC §88.2.
(53)Pattern of violation--Repeated, but not widespread
in scope, failures of a facility to comply with this chapter or a
rule, standard, or order adopted under Texas Health and Safety Code,
Chapter 247 that:
(A)result in a violation; and
(B)are found throughout the services provided by the
facility or that affect or involve the same residents or facility
employees.
(54)Person--Any individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(55)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.
(56)Physician--A practitioner licensed by the Texas
Medical Board.
(57)Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
a resident.
(58)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.
(59)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.
(60)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.
(61)Resident--An individual accepted for care in a
facility.
(62)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.
(63)Restraint hold--
(A)A manual method, except for physical guidance or
prompting of brief duration, used to restrict:
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