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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

  (62) Nursing facility--An institution licensed as a nursing home under the Health and Safety Code, Chapter 242.

  (63) Nutritional counseling--Advising and assisting individuals or families on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status, with the goal being health promotion, disease prevention, and nutrition education. Nutritional counseling may include the following:

    (A) dialogue with the client to discuss current eating habits, exercise habits, food budget, and problems with food preparation;

    (B) discussion of dietary needs to help the client understand why certain foods should be included or excluded from the client's diet and to help with adjustment to the new or revised or existing diet plan;

    (C) a personalized written diet plan as ordered by the client's physician or practitioner, to include instructions for implementation;

    (D) providing the client with motivation to help the client understand and appreciate the importance of the diet plan in getting and staying healthy; or

    (E) working with the client or the client's family members by recommending ideas for meal planning, food budget planning, and appropriate food gifts.

  (64) Occupational therapist--A person who is currently licensed under the Occupational Therapy Practice Act, Occupations Code, Chapter 454, as an occupational therapist.

  (65) Operating hours--The days of the week and the hours of day an agency place of business is open as identified in an agency's written policy as required by §97.210 of this chapter (relating to Agency Operating Hours).

  (66) Original active client record--A record composed first-hand for a client currently receiving services.

  (67) Palliative care--Intervention services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness.

  (68) Parent agency--An agency that develops and maintains administrative controls and provides supervision of branch offices and alternate delivery sites.

  (69) Parent company--A person, other than an individual, who has a direct 100% ownership interest in the owner of an agency.

  (70) Person--An individual, corporation, or association.

  (71) Person with a disclosable interest--Any person who owns at least a 5.0% interest in any corporation, partnership, or other business entity that is required to be licensed under Health and Safety Code, Chapter 142. A person with a disclosable interest does not include a bank, savings and loan, savings bank, trust company, building and loan association, credit union, individual loan and thrift company, investment banking firm, or insurance company, unless these entities participate in the management of the agency.

  (72) Personal assistance services--Routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. The term includes:

    (A) personal care;

    (B) health-related services performed under circumstances that are defined as not constituting the practice of professional nursing by the Texas Board of Nursing through a memorandum of understanding with DADS in accordance with Health and Safety Code, §142.016; and

    (C) health-related tasks provided by unlicensed personnel under the delegation of a registered nurse or that a registered nurse determines do not require delegation.

  (73) Personal care--The provision of one or more of the following services required by an individual in a residence or independent living environment:

    (A) bathing;

    (B) dressing;

    (C) grooming;

    (D) feeding;

    (E) exercising;

    (F) toileting;

    (G) positioning;

    (H) assisting with self-administered medications;

    (I) routine hair and skin care; and

    (J) transfer or ambulation.

  (74) Physical therapist--A person who is currently licensed under Occupations Code, Chapter 453, as a physical therapist.

  (75) Physician--A person who holds a doctor of medicine or doctor of osteopathy degree and is currently licensed and practicing medicine under the laws of the state of Texas, Oklahoma, New Mexico, Arkansas, or Louisiana.

  (76) Physician assistant--A person who is licensed under the Physician Assistant Licensing Act, Occupations Code, Chapter 204, as a physician assistant.

  (77) Physician-delegated task--A task performed in accordance with the Occupations Code, Chapter 157, including orders signed by a physician that specify the delegated task, the individual to whom the task is delegated, and the client's name.

  (78) Place of business--An office of a home and community support services agency that maintains client records or directs home health, hospice, or personal assistance services. This term includes a parent agency, a branch office, and an alternate delivery site. The term does not include an administrative support site.

  (79) Plan of care--The written orders of a practitioner for a client who requires skilled services.

  (80) Practitioner--A person who is currently licensed in a state in which the person practices as a physician, dentist, podiatrist, or a physician assistant, or a person who is a registered nurse registered with the Texas Board of Nursing as an advanced practice nurse.

  (81) Preparedness--Actions taken in anticipation of a disaster.

  (82) Presurvey conference--A conference held with DADS staff and the applicant or the applicant's representatives to review licensure standards and survey documents, and to provide consultation before the survey.

  (83) Progress note--A dated and signed written notation by agency personnel summarizing facts about care and the client's response during a given period of time.

  (84) Psychoactive treatment--The provision of a skilled nursing visit to a client with a psychiatric diagnosis under the direction of a physician that includes one or more of the following:

    (A) assessment of alterations in mental status or evidence of suicide ideation or tendencies;

    (B) teaching coping mechanisms or skills;

    (C) counseling activities; or

    (D) evaluation of the plan of care.

  (85) Recovery--Activities implemented during and after a disaster response designed to return an agency to its normal operations as quickly as possible.

  (86) Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Occupations Code, Chapter 301, as a registered nurse.

  (87) Registered nurse delegation--Delegation by a registered nurse in accordance with:

    (A) 22 TAC Chapter 224 (concerning Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments); and

    (B) 22 TAC Chapter 225 (relating to RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions).

  (88) Residence--A place where a person resides, including a home, a nursing facility, a convalescent home, or a residential unit.

  (89) Residential unit--A facility that provides living quarters and hospice services to clients admitted into the unit and that is in compliance with standards adopted under the Health and Safety Code, Chapter 142.

  (90) Respiratory therapist--A person who is currently licensed under Occupations Code, Chapter 604, as a respiratory care practitioner.

  (91) Respite services--Support options that are provided temporarily for the purpose of relief for a primary caregiver in providing care to individuals of all ages with disabilities or at risk of abuse or neglect.

  (92) Response--Actions taken immediately before an impending disaster or during and after a disaster to address the immediate and short-term effects of the disaster.

  (93) Section--A reference to a specific rule in this chapter.

  (94) Service area--A geographic area established by an agency in which all or some of the agency's services are available.

  (95) Skilled services--Services in accordance with a plan of care that require the skills of:

    (A) a registered nurse;

    (B) a licensed vocational nurse;

Cont'd...

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