Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER AINTRODUCTION
RULE §92.2Definitions
ISSUE 01/15/2016
ACTION Proposed
Preamble No Rule Available

      (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.

  (51)[(49)] 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.

  (52)[(50)] 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.

  (53)[(51)] 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.

  (54)[(52)] Service plan--A written description of the medical care, supervision, or nonmedical care needed by a resident.

  (55)[(53)] Short-term acute episode--An illness of less than 30 days duration.

  (56)[(54)] Small facility--A facility licensed for 16 or fewer residents.

  (57)[(55)] Staff--Employees of an assisted living facility.

  (58)[(56)] Standards--The minimum conditions, requirements, and criteria established in this chapter with which a facility must comply to be licensed under this chapter.

  (59)[(57)] Terminal condition--A medical diagnosis, certified by a physician, of an illness that will result in death in six months or less.

  (60)[(58)] 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.

  (61)[(59)] Vaccine Preventable Diseases--The diseases included in the most current recommendations of the Advisory Committee on Immunization Practices of the CDC [ Centers for Disease Control and Prevention].

  (62)[(60)] 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 January 4, 2016

TRD-201600016

Lawrence Hornsby

General Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: February 14, 2016

For further information, please call: (210) 619-8292



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