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Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1TEXAS DEPARTMENT OF HUMAN SERVICES
CHAPTER 97HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER AGENERAL PROVISIONS
RULE §97.2Definitions

  (62) Presurvey conference--A conference held with department staff and the applicant or his or her representatives to review licensure standards and survey documents and provide consultation prior to the on-site licensure survey.

  (63) 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.

  (64) 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 ideations or tendencies;

    (B) teaching coping mechanisms or skills;

    (C) counseling activities; or

    (D) evaluation of the plan of care.

  (65) Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Texas Civil Statutes, Article 4513 et seq. as a registered nurse.

  (66) Registered nurse delegation--Delegation by a registered nurse in accordance with 22 TAC §§218.1-218.11 (Delegation of Selected Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel).

  (67) Residence--A place where a person resides and includes a home, a nursing facility, a convalescent home, an independent living environment, or a residential unit. A residence includes a group or a foster home.

  (68) 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 Texas Special Care Facility Licensing Act, Health and Safety Code, Chapter 248.

  (69) Respiratory therapist--A person who is currently licensed under Texas Civil Statutes, Article 4512l, as a respiratory care practitioner.

  (70) 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. Respite services may be provided under home health, hospice, or personal assistance services depending on the needs of the client.

  (71) Sections--Chapter 97 of this title (Home and Community Support Services Agency).

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

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

    (A) registered nurse;

    (B) licensed vocational nurse;

    (C) physical, occupational, or respiratory therapist;

    (D) speech-language pathologist;

    (E) audiologist;

    (F) social worker; or

    (G) dietitian.

  (74) Social worker--A person who is currently licensed as a social worker under Human Resource Code, Chapter 50.

  (75) Speech-language pathologist--A person who is currently licensed under the Texas Civil Statutes, Article 4512j, as a speech-language pathologist.

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

  (77) Supervising nurse--The person responsible for supervising skilled services provided by an agency and who has the qualifications described in §97.21(b)(3)(C) of this title (relating to Licensure Requirements and Standards for Agencies Providing Licensed Home Health, Licensed and Certified Home Health, or Hospice Services). This person may also be known as the director of nursing or similar title.

  (78) 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.

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

  (80) Survey--An inspection or investigation conducted by a representative of the department to determine if a licensee is in compliance with the statute and this chapter. A survey may be conducted onsite, by mail, by telephone or by electronic communication methods.

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

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

  (83) Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses. A volunteer shall meet the same requirements and standards in this chapter as apply to an employee of the agency doing the same activities unless the volunteer is exempt under this chapter from certain requirements or standards.


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

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