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(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)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)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)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)Service plan--A written description of the medical
care, supervision, or nonmedical care needed by a resident.
(68)Short-term acute episode--An illness of less than
30 days duration.
(69)Small facility--A facility licensed for 16 or
fewer residents.
(70)Staff--Employees of an assisted living facility.
(71)Standards--The minimum conditions, requirements,
and criteria established in this chapter with which a facility must
comply to be licensed under this chapter.
(72)State Ombudsman--Has the meaning given in 26 TAC §88.2.
(73)Terminal condition--A medical diagnosis, certified
by a physician, of an illness that will result in death in six months
or less.
(74)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)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)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)Working day--Any 24-hour period, Monday through
Friday, excluding state and federal holidays.
The agency
certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on October 8, 2018
TRD-201804365 Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: October 28, 2018
Proposal publication date: June 22, 2018
For further information, please call: (512) 438-4681
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