The words and terms in this chapter have the following meanings,
unless the context clearly indicates otherwise:
(1) Abuse--Negligent or willful infliction of injury,
unreasonable confinement, intimidation, or punishment with resulting
physical or emotional harm or pain to a resident; or sexual abuse,
including involuntary or nonconsensual sexual conduct that would constitute
an offense under Texas Penal Code §21.08 (relating to Indecent
Exposure) or Texas Penal Code Chapter 22 (relating to Assaultive Offenses),
sexual harassment, sexual coercion, or sexual assault.
(2) Active duty--Current full-time military service
in the armed forces of the United States or as a member of the Texas
military forces, as defined in Texas Government Code §437.001,
or similar military service of another state.
(3) Administrator-in-training (AIT)--A person undergoing
an internship under a HHSC-approved certified preceptor.
(4) Administrator of Record--The individual who is
listed as the facility's licensed nursing facility administrator with
the HHSC Licensing and Credentialing Section.
(5) Applicant--A person applying for a Texas nursing
facility administrator (NFA) license.
(6) Armed forces of the United States--The Army, Navy,
Air Force, Coast Guard, Space Force, or Marine Corps of the United
States, including reserve units of those military branches.
(7) Complaint--An allegation that an NFA violated one
or more of the licensure rules or statutory requirements.
(8) Domains of the National Association of Long Term
Care Administrator Boards (NAB)--The four categories for education
and continuing education of the NAB, which are care, services, and
supports; operations; environment and quality; and leadership and
strategy.
(9) Formal hearing--A hearing held by the State Office
of Administrative Hearings to adjudicate a sanction taken by HHSC
against an NFA.
(10) Good standing--In Texas an NFA is in good standing
if the NFA is in compliance with the rules in this chapter and, if
applicable, the terms of any sanction imposed by HHSC. An NFA licensed
or registered in another state is in good standing if the NFA is in
compliance with the NFA licensing or registration rules in the other
state and, if applicable, the terms of any sanction imposed by the
other state.
(11) Health services executive (HSE)--An individual
who has entry-level competencies in a nursing facility, assisted living
community, or home and community-based service provider in this state
or another state. The HSE has met NAB's minimum standards for qualification
as an HSE.
(12) HHSC--The Texas Health and Human Services Commission.
HHSC is responsible for NFA licensure in Texas.
(13) Internship--The training period in a nursing facility
for an AIT. When HHSC accepts internship hours completed in another
state, the hours must be completed in a facility that qualifies as
a nursing facility or nursing home under the laws of the other state.
(14) License--An NFA license or provisional license.
(15) Licensee--A person licensed by HHSC as an NFA.
(16) Long-term Care Regulation--The department of HHSC
responsible for long-term care regulation, including determining nursing
facility compliance with licensure and certification requirements
and the regulation of NFAs.
(17) Management experience--Full-time employment as
a department head, assistant nursing facility administrator, or licensed
professional supervising two or more employees in a nursing facility,
including a nursing facility outside of Texas, or skilled nursing
hospital unit.
(18) Military service member--A person who is on active
duty.
(19) Military spouse--A person who is married to a
military service member.
(20) Military veteran--A person who has served on active
duty and who was discharged or released from active duty.
(21) Misappropriation of resident property--Taking,
secretion, misapplication, deprivation, transfer, or attempted transfer
to any person not entitled to receive any property, real or personal,
or anything of value belonging to or under the legal control of a
resident without the effective consent of the resident or other appropriate
legal authority, or the taking of any action contrary to any duty
imposed by federal or state law prescribing conduct relating to the
custody or disposition of property of a resident.
(22) NAB examination--The national examination developed
by NAB that applicants must pass in combination with the state licensure
examination to be issued a license to practice nursing facility administration
in Texas. The NAB examination consists of two modules: Core of Knowledge
and Line of Service.
(23) National Association of Long Term Care Administrator
Boards (NAB)--The national authority on licensing, credentialing,
and regulating administration of organizations along the continuum
of long-term care. NAB sets the national standards and evaluation
requirements for NFAs.
(24) National Continuing Education Review Service (NCERS)--The
part of NAB that approves and monitors continuing education activities
for NFAs.
(25) Neglect--Failure to provide goods or services,
including medical services, that are necessary to avoid physical or
emotional harm, pain, or mental illness.
(26) Nursing facility--A facility licensed in accordance
with THSC Chapter 242.
(27) Nursing Facility Administrator (NFA)--An individual
licensed by HHSC to engage in the practice of nursing facility administration,
regardless of whether the individual has an ownership interest in
the facility.
(28) Nursing Facility Administrators Advisory Committee
(NFAAC)--The advisory committee established by THSC §242.303.
(29) Preceptor--An NFA certified by HHSC to provide
supervision to an AIT.
(30) Referral--A recommendation made by Long-term Care
Regulation staff to investigate an NFA's compliance with licensure
requirements when deficiencies or substandard quality of care deficiencies
are found in a nursing facility, as required by Title 42 Code of Federal
Regulations §488.325.
(31) Sanctions--An adverse licensure action against
an NFA. In Texas, a sanction is one of the actions listed in §555.57
of this chapter (relating to Schedule of Sanctions).
(32) Self-study course--A NAB-approved education course
that an individual pursues independently to meet continuing education
requirements for license renewal.
(33) State examination--The state licensure examination
that applicants must pass, in combination with the NAB examination,
to be issued a license to practice nursing facility administration
in Texas.
(34) Substandard quality of care--For a Medicare- or
Medicaid-certified facility, this term has the meaning given in Title
42 Code of Federal Regulations §488.301. For a licensed-only
facility, this term has the meaning given in §554.101 of this
title (relating to Definitions).
(35) THSC--Texas Health and Safety Code.
(36) Traditional business hours--Monday through Friday
from 8:00 a.m. until 5:00 p.m.
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Source Note: The provisions of this §555.2 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective March 20, 2016, 41 TexReg 1923; amended to be effective September 28, 2016, 41 TexReg 7514; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791; amended to be effective December 6, 2023, 48 TexReg 7078 |