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Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
SUBCHAPTER AINTRODUCTION
RULE §90.3Definitions

      (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.

  (37) Qualified mental retardation professional (QMRP)--A person with at least a bachelor's degree who has at least one year of experience working with persons with mental retardation or related conditions.

  (38) Quality-of-care monitor--A registered nurse, pharmacist, or dietitian, employed by DADS, who is trained and experienced in long-term care regulations, standards of practice in long-term care, and evaluation of resident care and functions independently of DADS' Regulatory Services Division.

  (39) 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.

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

  (41) 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.

  (42) 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.

  (43) Small facilities--Facilities with 16 or fewer resident beds.

  (44) Specialized staff--Personnel with expertise in developmental disabilities.

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

  (46) 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.

  (47) 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.


Source Note: The provisions of this §90.3 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective July 1, 2002, 27 TexReg 5525; amended to be effective June 1, 2006, 31 TexReg 4463; amended to be effective September 1, 2010, 35 TexReg 7876

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