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Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 97LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER AGENERAL PROVISIONS
RULE §97.2Definitions

    (C) a physical therapist;

    (D) an occupational therapist;

    (E) a respiratory therapist;

    (F) a speech-language pathologist;

    (G) an audiologist;

    (H) a social worker; or

    (I) a dietitian.

  (96) Social worker--A person who is currently licensed as a social worker under Occupations Code, Chapter 505.

  (97) Speech-language pathologist--A person who is currently licensed as a speech-language pathologist under Occupations Code, Chapter 401.

  (98) Statute--The Health and Safety Code, Chapter 142.

  (99) Substantial compliance--A finding in which an agency receives no recommendation for enforcement action after a survey.

  (100) Supervising nurse--The person responsible for supervising skilled services provided by an agency and who has the qualifications described in §97.244(c) of this chapter (relating to Administrator Qualifications and Conditions and Supervising Nurse Qualifications). This person may also be known as the director of nursing or similar title.

  (101) Supervision--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity with initial direction and periodic inspection of the actual act of accomplishing the function or activity.

  (102) Support services--Social, spiritual, and emotional care provided to a client and a client's family by a hospice.

  (103) Survey--An on-site inspection or complaint investigation conducted by a DADS representative to determine if an agency is in compliance with the statute and this chapter or in compliance with applicable federal requirements or both.

  (104) Terminal illness--An illness for which there is a limited prognosis if the illness runs its usual course.

  (105) Unlicensed person--An individual who is not licensed as a health care professional. The term includes home health aides, medication aides permitted by DADS, and other individuals providing personal care or assistance in health services.

  (106) Unsatisfied judgments--A failure to fully carry out the terms or meet the obligation of a court's final disposition on the matters before it in a suit regarding the operation of an agency.

  (107) Violation--A finding of noncompliance with this chapter or the statute resulting from a survey.

  (108) Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses.

  (109) Working day--Any day except Saturday, Sunday, a state holiday, or a federal holiday.


Source Note: The provisions of this §97.2 adopted to be effective June 1, 1994, 19 TexReg 2915; amended to be effective July 21, 1997, 22 TexReg 6573; amended to be effective June 7, 1998, 23 TexReg 5694; transferred effective September 1, 1999, as published in the August 6, 1999 issue of the Texas Register, 24 TexReg 6099; amended to be effective June 15, 2000, 25 TexReg 5929; amended to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 29, 2003, 28 TexReg 4931; amended to be effective October 15, 2003, 28 TexReg 8955; amended to be effective June 1, 2006, 31 TexReg 1455; amended to beeffective December 1, 2006, 31 TexReg 9620; amended to be effective May 1, 2008, 33 TexReg 1136; amended to be effective September 1, 2009, 34 TexReg 5139; amended to be effective July 1, 2012, 37 TexReg 4613

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