The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Advanced practice nurse--A registered nurse approved
by the Texas Board of Nurse Examiners to practice as an advanced practice
nurse. The term includes a nurse practitioner, nurse-midwife, nurse
anesthetist, and a clinical nurse specialist.
(2) Applicant--The person legally responsible for the
operation of the facility, whether by lease or ownership, who seeks
a license from the department.
(3) Administration of medication--The direct application
of any medication by injection, inhalation, ingestion, or any other
means to the body of a patient. The preparation of medication is
part of the administration of medication and is the act or process
of making ready a medication for administration, including the calculation
of a resident's medication dosage; altering the form of the medication
by crushing, dissolving, or any other method; pouring a quantity of
a liquid to be ingested; reconstitution of an injectable medication;
drawing an injectable medication into a syringe; preparing an intravenous
admixture; or any other act required to render the medication ready
for administration.
(4) AIDS--Acquired immune deficiency syndrome.
(5) Assistance with medication or treatment regimen--Aid
provided to a resident who self-administers their own medication or
treatment, such as reminding a resident to take a medication at the
prescribed time, opening and closing a medication container, returning
a medication to the proper storage area, and assisting in reordering
medications from a pharmacy. Such ancillary aid shall not include
administration of any medication.
(6) Bereavement--The process by which a survivor of
a deceased person mourns and experiences grief.
(7) Bereavement services--Support services offered
to a family during bereavement. Family includes a significant other(s).
(8) Board--The Texas Board of Health or its successor.
(9) Controlled substance--A drug, controlled substance,
or immediate precursor as defined in the Texas Controlled Substance
Act, Health and Safety Code, §481.002, or the Federal Controlled
Substance Act of 1970, Public Law 91-513.
(10) Dangerous drugs--Any dangerous drug as defined
in the Texas Dangerous Drug Act, Health and Safety Code, §483.001.
(11) Department--The Texas Department of Health or
its successor.
(12) Dietitian--A person who is currently licensed
by the Texas State Board of Examiners of Dietitians.
(13) Director--The director of the Health Facility
Licensing and Compliance Division of the Texas Department of Health
or his or her designee.
(14) Facility--A special care facility.
(15) Fast-track project--A construction project in
which it is necessary to begin initial phases of construction before
later phases of the construction documents are fully completed in
order to establish other design conditions or because of time constraints
such as mandated deadlines.
(16) Hospice services--Services, including services
provided by unlicensed personnel under the delegation of a registered
nurse or physical therapist, provided to a resident or resident's
family as part of a coordinated program which includes palliative
care for terminally ill residents and support services for a resident
and a resident's family that are available 24 hours a day, seven days
a week, during the last stages of illness, during death, and during
bereavement; and are provided by a medically directed interdisciplinary
team.
(17) Incident--An unusual or abnormal event or occurrence
in, at, or affecting the facility or the residents of the facility.
(18) Licensed vocational nurse--An individual who is
currently licensed as a licensed vocational nurse (LVN) by the Board
of Nurse Examiners in accordance with Texas Occupations Code, Chapter
301.
(19) Local health authority--The physician having local
jurisdiction to administer state and local laws or ordinances relating
to public health as defined in the Health and Safety Code, Chapter
121, Subchapter B.
(20) Medical care--Care that is:
(A) required for improving life span and quality of
life, for comfort, for prevention and treatment of illness, and for
maintenance of bodily and mental function;
(B) under the continued supervision of a physician;
and
(C) provided by a registered nurse or licensed vocational
nurse available to carry out a physician's plan of care for a resident.
(21) Nursing care--Services provided by nursing personnel
as prescribed by a physician, including services to:
(A) promote and maintain health;
(B) prevent illness and disability;
(C) manage health care during acute and chronic phases
of illness, including end of life care;
(D) provide guidance and counseling of individuals
and families; and
(E) provide referrals to physicians, other health
care providers, and community resources when appropriate.
(22) Palliative care--Services that focus primarily
on the reduction or abatement of physical, psychosocial, and spiritual
symptoms of a terminal illness.
(23) Pharmacist--A person who is licensed to practice
pharmacy by the Texas Board of Pharmacy in accordance with Texas Occupations
Code, Chapter 558.
(24) Physician--An individual who is:
(A) licensed as a physician by the Texas State Board
of Medical Examiners in accordance with Texas Occupations Code, Chapter
155; or
(B) authorized to perform medical acts under an institutional
permit at a Texas postgraduate training program approved by the Accreditation
Council on Graduate Medical Education, the American Osteopathic Association,
or the Texas State Board of Medical Examiners.
(25) Practitioner--A physician, podiatrist, dentist,
or an advanced practice nurse or physician assistant to whom a physician
has delegated authority to sign a prescription order, when relating
to pharmacy services.
(26) Presurvey conference--A conference held with department
staff and the applicant and/or his or her representative to review
licensure standards, survey documents, and facility policies and procedures
and provide consultation prior to issuance of a license and the on-site
licensure inspection.
(27) Registered nurse (RN)--An individual who is licensed
as a registered nurse by the Board of Nurse Examiners in accordance
with Texas Occupations Code, Chapter 301.
(28) Resident--An individual accepted for care in a
special care facility.
(29) Residential AIDS hospice--A special care facility
licensed and designated as a residential AIDS hospice in accordance
with §125.35 of this title (relating to Residential AIDS Hospice
Designation).
(30) Social worker--A person who is currently licensed
as a social worker in accordance with Texas Occupations Code, Chapter
505.
(31) Special care facility--An institution or establishment
that provides a continuum of nursing or medical care or services primarily
to persons with acquired immune deficiency syndrome or other terminal
illnesses. The term includes a special residential care facility.
(32) Violation--Failure to comply with the licensing
statute, a rule or standard, special license provision, or an order
issued by the commissioner of health or the commissioner's designee,
adopted or enforced under the licensing statute.
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