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(57)Physician--A person who is currently licensed under the laws of a state within the United States and in which the person practices medicine and who holds a doctor of medicine or doctor of osteopathy degree. (58)Physician assistant--A person who is licensed under the Physician Assistant Licensing Act, Texas Civil Statutes, Article 4495-1, as a physician assistant. (59)Physician delegated tasks--Tasks performed in accordance with the Medical Practice Act, Texas Civil Statutes, Article 4495d, §3.06, including orders signed by a physician which specify the delegated task(s), the individual to whom the task(s) is delegated, and the client's name. (60)Place of business--An office of a home and community support services agency that maintains client records or directs home health, hospice, or personal assistance services. The term does not include an administrative support site. (61)Plan of care--The written orders of a practitioner for a client who requires skilled services. (62)Practitioner--A person who is currently licensed in a state in which the person practices as a physician, dentist, podiatrist, or a physician assistant, or a person who is a registered nurse registered with the Board of Nurse Examiners for the State of Texas as an advanced practice nurse. (63)Presurvey conference--A conference held with department staff and the applicant or his or her representatives to review licensure standards and survey documents and provide consultation prior to the on-site licensure survey. (64)Progress note--A dated and signed written notation by agency personnel summarizing facts about care and the client's response during a given period of time. (65)Psychoactive treatment--The provision of a skilled nursing visit to a client with a psychiatric diagnosis under the direction of a physician that includes one or more of the following: (A)assessment of alterations in mental status or evidence of suicide ideations or tendencies; (B)teaching coping mechanisms or skills; (C)counseling activities; or (D)evaluation of the plan of care. (66)Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Texas Civil Statutes, Article 4513 et seq. as a registered nurse. (67)Registered nurse delegation--Delegation by a registered nurse in accordance with 22 TAC §§218.1-218.11 (Delegation of Selected Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel). (68)Residence--A place where a person resides and includes a home, a nursing facility, a convalescent home, an independent living environment, or a residential unit. A residence includes a group or a foster home. (69)Residential unit--A facility that provides living quarters and hospice services to clients admitted into the unit and that is in compliance with standards adopted under the Texas Special Care Facility Licensing Act, Health and Safety Code, Chapter 248. (70)Respiratory therapist--A person who is currently licensed under Texas Civil Statutes, Article 4512l, as a respiratory care practitioner. (71)Respite services--Support options that are provided temporarily for the purpose of relief for a primary caregiver in providing care to individuals of all ages with disabilities or at risk of abuse or neglect. Respite services may be provided under home health, hospice, or personal assistance services depending on the needs of the client. (72)Sections--Chapter 97 of this title (Home and Community Support Services Agency). (73)Service area--The geographic area(s) established by an agency in which all or some of the agency's services are available. (74)Skilled services--Services in accordance with a plan of care that require the skills of a: (A)registered nurse; (B)licensed vocational nurse; (C)physical, occupational, or respiratory therapist; (D)speech-language pathologist; (E)audiologist; (F)social worker; or (G)dietitian. (75)Social worker--A person who is currently licensed as a social worker under Human Resource Code, Chapter 50. (76)Speech-language pathologist--A person who is currently licensed under the Texas Civil Statutes, Article 4512j, as a speech-language pathologist. (77)Statute--The Health and Safety Code, Chapter 142. (78)Supervising nurse--The person responsible for supervising skilled services provided by an agency and who has the qualifications described in §97.21(b)(3)(C) of this title (relating to Licensure Requirements and Standards for Agencies Providing Licensed Home Health, Licensed and Certified Home Health, or Hospice Services). This person may also be known as the director of nursing or similar title. (79)Supervision--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity with initial direction and periodic inspection of the actual act of accomplishing the function or activity. (80)Support services--Social, spiritual, and emotional care provided to a client and a client's family by a hospice. (81)Survey--An inspection or investigation conducted by a representative of the department to determine if a licensee is in compliance with the statute and this chapter. A survey may be conducted onsite, by mail, by telephone or by electronic communication methods. (82)Terminal illness--An illness for which there is a limited prognosis if the illness runs its usual course. (83)Unlicensed person--An individual who is not licensed as a health care professional. The term includes, but is not limited to, home health aides, medication aides permitted by the department, and other individuals providing personal care or assistance in health services. (84)Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses. A volunteer must meet the same requirements and standards in this chapter as apply to an employee of the agency doing the same activities unless the volunteer is exempt under this chapter from certain requirements or standards.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 26, 2000
TRD-200003794 Paul
Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: June 15, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 438-3108
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