The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Abuse--The willful infliction of injury, unreasonable
confinement, intimidation, or punishment with resulting physical harm,
pain, or mental anguish.
(2) Act--The Social Security Act, codified at United
States Code, Title 42, Chapter 7.
(3) 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.
(4) Active status--The designation given to a nurse
aide listed on the NAR who is eligible to work in a nursing facility.
(5) Armed forces of the United States--The Army, Navy,
Air Force, Space Force, Coast Guard, or Marine Corps of the United
States, including reserve units of those military branches.
(6) Classroom training--The teaching of curriculum
components through in-person instruction taught in a physical classroom
location, which may include skills practice through online instruction
taught in a virtual classroom location, or through an HHSC-approved
computer-based training (CBT).
(7) Clinical training--The teaching of hands-on care
of residents in a nursing facility under the required level of supervision
of a licensed nurse, which may include skills practice prior to performing
the skills through hands-on care of a resident. The clinical training
provides the opportunity for a trainee to learn to apply the classroom
training to the care of residents with the assistance and required
level of supervision of the instructor.
(8) Competency evaluation--A written or oral examination
and a skills demonstration administered by a skills examiner to test
the competency of a trainee.
(9) Competency evaluation application--An HHSC form
used to request HHSC approval to take a competency evaluation.
(10) Direct supervision--Observation of a trainee performing
skills in a NATCEP.
(11) Employee misconduct registry (EMR)--The registry
maintained by HHSC in accordance with Texas Health and Safety Code,
Chapter 253, to record findings of reportable conduct by certain unlicensed
employees.
(12) Facility--Means:
(A) a nursing facility licensed under Texas Health
and Safety Code, Chapter 242;
(B) a licensed intermediate care facility for an individual
with an intellectual disability or related condition licensed under
Texas Health and Safety Code, Chapter 252;
(C) a type B assisted living facility licensed under
Texas Health and Safety Code, Chapter 247;
(D) a general or special hospital licensed under Texas
Health and Safety Code, Chapter 241; or
(E) a hospice inpatient unit licensed under Texas Health
and Safety Code, Chapter 142.
(13) Facility-based NATCEP--A NATCEP offered by or
in a nursing facility.
(14) General supervision--Guidance and ultimate responsibility
for another person in the performance of certain acts.
(15) HHSC--The Texas Health and Human Services Commission
or its designee.
(16) Infection control--Principles and practices that
prevent or stop the spread of infections in the facility setting.
(17) Informal Review (IR)--An opportunity for a nurse
aide to dispute a finding of misconduct by providing testimony and
supporting documentation to an impartial HHSC staff person.
(18) Licensed health professional--A person licensed
to practice healthcare in the state of Texas including:
(A) a physician;
(B) a physician assistant;
(C) a physical, speech, or occupational therapist;
(D) a physical or occupational therapy assistant;
(E) a registered nurse;
(F) a licensed vocational nurse; or
(G) a licensed social worker.
(19) Licensed nurse--A registered nurse or licensed
vocational nurse.
(20) Licensed vocational nurse (LVN)--An individual
licensed by the Texas Board of Nursing to practice as a licensed vocational
nurse.
(21) Military service member--A person who is on active
duty.
(22) Military spouse--A person who is married to a
military service member.
(23) Military veteran--A person who has served on active
duty and who was discharged or released from active duty.
(24) Misappropriation of resident property--The deliberate
misplacement, exploitation, or wrongful, temporary or permanent, use
of a resident's belongings or money without the resident's consent.
(25) NATCEP--Nurse Aide Training and Competency Evaluation
Program.
(26) Neglect--The failure to provide goods and services
necessary to avoid physical harm, mental anguish, or mental illness.
(27) Non-facility-based NATCEP--A NATCEP not offered
by or in a nursing facility.
(28) Nurse aide--An individual who provides nursing
or nursing-related services to residents in a facility under the supervision
of a licensed nurse and who has successfully completed a NATCEP or
has been determined competent by waiver or reciprocity and who has
been issued a certificate of registration. This term does not include
an individual who is a licensed health professional or a registered
dietitian or who volunteers services without monetary compensation.
(29) Nurse aide curriculum--The publication titled
Texas Curriculum for Nurse Aides in Long Term Care Facilities, developed
by HHSC.
(30) Nurse Aide Registry (NAR)--A listing of nurse
aides, maintained by HHSC, that indicates if a nurse aide has active
status, revoked status, or is unemployable based on a finding of having
committed an act of abuse, neglect, or misappropriation of resident
property.
(31) Nurse aide training and competency evaluation
program (NATCEP)--A program approved by HHSC to train and evaluate
an individual's ability to work as a nurse aide in a nursing facility.
(32) Nurse aide training and competency evaluation
program (NATCEP) application--A HHSC form used to request HHSC initial
approval to offer a NATCEP, to renew approval to offer a NATCEP, or
to request HHSC approval of changed information in an approved NATCEP
application.
(33) Nursing services--Services provided by nursing
personnel that include, but are not limited to:
(A) promotion and maintenance of health;
(B) prevention of illness and disability;
(C) management of health care during acute and chronic
phases of illness;
(D) guidance and counseling of individuals and families;
and
(E) referral to other health care providers and community
resources when appropriate.
(34) Performance record--An evaluation of a trainee's
performance of major duties and skills taught by a NATCEP and documented
on HHSC Form 5497-NATCEP, Texas Nurse Aide Performance Record.
(35) Person--A corporation, organization, partnership,
association, natural person, or any other legal entity that can function
legally.
(36) Personal protective equipment (PPE)--Specialized
clothing or equipment, worn by an employee for protection against
infectious materials.
(37) Program director--An individual who is approved
by HHSC and meets the requirements in §556.5(b) and (d) of this
chapter (relating to Program Director, Program Instructor, Supplemental
Trainers, and Skills Examiner Requirements).
(38) Program instructor--An individual who is approved
by HHSC to conduct the training in a NATCEP and who meets the requirements
in §556.5(c) and (d) of this chapter.
(39) Resident--An individual accepted for care or residing
in a facility.
(40) Registered nurse (RN)--An individual licensed
by the Texas Board of Nursing to practice professional nursing.
(41) Skills examiner--An individual who is approved
by HHSC and meets the requirements in §556.5(h) of this chapter.
(42) Trainee--An individual who is enrolled in and
attending, but has not completed, a NATCEP.
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