(B)are found throughout the services provided by the
facility or that affect or involve the same residents or facility
employees.
(54)[(50)] Person--Any individual,
firm, partnership, corporation, association, or joint stock association,
and the legal successor thereof.
(55)[(51)] 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)[(52)] 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)[(53)] 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)[(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.
(60)[(55)] 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)[(56)] Resident--An individual
accepted for care in a facility.
(62)[(57)] 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)[(58)] 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.
(64)[(59)] 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.
(65)[(60)] 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.
(66)[(61)] 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.
(67)[(62)] Service plan--A written
description of the medical care, supervision, or nonmedical care needed
by a resident.
(68)[(63)] Short-term acute
episode--An illness of less than 30 days duration.
(69)[(64)] Small facility--A
facility licensed for 16 or fewer residents.
(70)[(65)] Staff--Employees
of an assisted living facility.
(71)[(66)] Standards--The minimum
conditions, requirements, and criteria established in this chapter
with which a facility must comply to be licensed under this chapter.
(72)[(67)] State Ombudsman--Has
the meaning given in 26 TAC §88.2.
(73)[(68)] Terminal condition--A
medical diagnosis, certified by a physician, of an illness that will
result in death in six months or less.
(74)[(69)] 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.
(75)[(70)] Vaccine Preventable
Diseases--The diseases included in the most current recommendations
of the Advisory Committee on Immunization Practices of the CDC.
(76)Widespread in scope--A violation
of Texas Health and Safety Code, Chapter 247 or a rule, standard,
or order adopted under Chapter 247 that:
(A)is pervasive throughout the services provided by
the facility; or
(B)represents a systemic failure by the facility that
affects or has the potential to affect a large portion of or all of
the residents of the facility.
(77)[(71)] Willfully interfere--To
act or not act to intentionally prevent, interfere with, or impeded
or to attempt to intentionally prevent, interfere with, or impede.
(78)[(72)] 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 June 7, 2018
TRD-201802519 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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