Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER AINTRODUCTION
RULE §90.3Definitions
ISSUE 06/22/2018
ACTION Proposed
Preamble No Rule Available

  (58)[(54)] Remodeling--The construction, removal, or relocation of walls and partitions, or construction of foundations, floors, or ceiling-roof assemblies, including expanding of safety systems (i.e., sprinkler systems, fire alarm systems), that will change the existing plan and use areas of the facility.

  (59)[(55)] Renovation--The restoration to a former better state by cleaning, repairing, or rebuilding, e.g., routine maintenance, repairs, equipment replacement, painting.

   (60)Resident--A person who resides in a facility.

  (61)[(56)] Restraint--A manual method, or a physical or mechanical device, material, or equipment attached or adjacent to the resident's body that the resident cannot remove easily, that restricts freedom of movement or normal access to the resident's body. This term includes a personal hold.

   (62)RN--Registered nurse. A person licensed to practice professional nursing in accordance with Texas Occupations Code, Chapter 301.

  (63)[(57)] Seclusion--The involuntary separation of a resident away from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving.

  (64)[(58)] Small facilities--Facilities with 16 or fewer resident beds.

  (65)[(59)] Specialized staff--Personnel with expertise in developmental disabilities.

  (66)[(60)] Standards--The minimum conditions, requirements, and criteria with which a facility will have to comply to be licensed under this chapter.

  (67)[(61)] Topical medication--Medication applied to the skin but does not include medication administered in the eyes.

  (68)[(62)] Universal precautions--The use of barrier precautions by facility personnel to prevent direct contact with blood or other body fluids that are visibly contaminated with blood.

  (69)[(63)] Vaccine preventable diseases--The diseases included in the most current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

   (70)Violation--Any noncompliance with Texas Health and Safety Code, Chapter 252, or any rule under this chapter.

  (71)[(64)] Well-recognized church or religious denomination--An organization which has been granted a tax-exempt status as a religious association from the state or federal government.

   (72)Widespread in scope--A violation that:

    (A)is pervasive throughout the services provided by the facility; or

    (B)that affects or has the potential to affect a large portion of or all of the residents of the facility.

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 June 7, 2018

TRD-201802517

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 22, 2018

For further information, please call: (512) 438-4681



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