| (97) 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 an RN registered
with the Texas Board of Nursing as an advanced practice nurse.
(98) Preparedness--Actions taken in anticipation of
a disaster.
(99) Presurvey training--A computer-based training
provided by HHSC for the applicant or the applicant's representatives
to review licensure standards and survey documents, and to provide
information regarding the survey process.
(100) 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.
(101) 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.
(102) Recovery--Activities implemented during and after
a disaster response designed to return an agency to its normal operations
as quickly as possible.
(103) 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).
(104) Residence--A place where a person resides, including
a home, a nursing facility, a convalescent home, or a residential
unit.
(105) 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 Texas Health and
Safety Code Chapter 142.
(106) Respiratory therapist--A person who is currently
licensed under Texas Occupations Code Chapter 604, as a respiratory
care practitioner.
(107) 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.
(108) 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.
(109) Restraint--A restraint is:
(A) a manual method, physical or mechanical device,
material, or equipment that immobilizes or reduces the ability of
a client in a hospice inpatient unit to move his or her arms, legs,
body, or head freely, but does not include a device, such as an orthopedically
prescribed device, a surgical dressing or bandage, a protective helmet,
or other method that involves the physical holding of the client for
the purpose of:
(i) conducting a routine physical examination or test;
(ii) protecting the client from falling out of bed;
or
(iii) permitting the client to participate in activities
without the risk of physical harm, not including a physical escort;
or
(B) a drug or medication when used as a restriction
to manage a client's behavior or restrict the client's freedom of
movement in a hospice inpatient unit, but not as a standard treatment
or medication dosage for the client's condition.
(110) RN--Registered nurse. A person who is currently
licensed under the Nursing Practice Act, Texas Occupations Code Chapter
301, as a registered nurse.
(111) Seclusion--The involuntary confinement of a client
alone in a room or an area in a hospice inpatient unit from which
the client is physically prevented from leaving.
(112) Section--A reference to a specific rule in this
chapter.
(113) Service area--A geographic area established by
an agency in which all or some of the agency's services are available.
(114) Skilled services--Services in accordance with
a plan of care that require the skills of:
(A) an RN;
(B) an LVN;
(C) a physical therapist;
(D) an occupational therapist;
(E) a respiratory therapist;
(F) a speech-language pathologist;
(G) an audiologist;
(H) a social worker; or
(I) a dietitian.
(115) Social worker--A person who is currently licensed
as a social worker under Texas Occupations Code Chapter 505.
(116) Speech-language pathologist--A person who is
currently licensed as a speech-language pathologist under Texas Occupations
Code Chapter 401.
(117) Statute--Texas Health and Safety Code Chapter
142.
(118) Substantial compliance--A finding in which an
agency receives no recommendation for enforcement action after a survey.
(119) Supervised practical training--Hospice aide training
that is conducted in a laboratory or other setting in which the trainee
demonstrates knowledge while performing tasks on an individual. The
training is supervised by an RN or by an LVN who works under the direction
of a registered nurse.
(120) Supervising nurse--The person responsible for
supervising skilled services provided by an agency and who has the
qualifications described in §558.244(c) of this chapter (relating
to Administrator Qualifications and Conditions and Supervising Nurse
Qualifications). This person may also be known as the director of
nursing or similar title.
(121) 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.
(122) Supportive palliative care--Physician-directed
interdisciplinary patient and family-centered care provided to a patient
with a serious illness without regard to the patient's age or terminal
prognosis that:
(A) may be provided concurrently with methods of treatment
or therapies that seek to cure or minimize the effects of the patient's
illness; and
(B) seek to optimize the quality of life for a patient
with a life-threatening or life-limiting illness and the patient's
family through various methods, including methods that seek to:
(i) anticipate, prevent, and treat the patient's total
suffering related to the patient's physical, emotional, social, and
spiritual condition;
(ii) address the physical, intellectual, emotional,
cultural, social, and spiritual needs of the patient; and
(iii) facilitate for the patient, regarding treatment
options, education, informed consent, and expression of desires.
(123) Support services--Social, spiritual, and emotional
care provided to a client and a client's family by a hospice.
(124) Survey--An on-site inspection or complaint investigation
conducted by an HHSC representative to determine if an agency is in
compliance with the Statute and this chapter or in compliance with
applicable federal requirements or both.
(125) TAC--Texas Administrative Code.
(126) Terminal illness--An illness for which there
is a limited prognosis if the illness runs its usual course.
(127) Unlicensed person--A person not licensed as a
health care provider. The term includes home health aides, hospice
aides, hospice homemakers, medication aides permitted by HHSC, and
other unlicensed individuals providing personal care or assistance
in health services.
(128) Unsatisfied judgments--A failure to fully carry
out the terms or meet the obligation of a court's final disposition
on the matters before it in a suit regarding the operation of an agency.
(129) Violation--A finding of noncompliance with this
chapter or the Statute resulting from a survey.
(130) Volunteer--An individual who provides assistance
to a home and community support services agency without compensation
other than reimbursement for actual expenses.
(131) Working day--Any day except Saturday, Sunday,
a state holiday, or a federal holiday.
|
| Source Note: The provisions of this §558.2 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; amended to be effective June 15, 2000, 25 TexReg 5929; amended to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 29, 2003, 28 TexReg 4931; amended to be effective October 15, 2003, 28 TexReg 8955; amended to be effective June 1, 2006, 31 TexReg 1455; amended to be effectiveDecember 1, 2006, 31 TexReg 9620; amended to be effective May 1, 2008, 33 TexReg 1136; amended to be effective September 1, 2009, 34 TexReg 5139; amended to be effective July 1, 2012, 37 TexReg 4613; amended to be effective October 1, 2013, 38 TexReg 6628; amended to be effective September 1, 2016, 41 TexReg 6501; amended to be effective October 5, 2016, 41 TexReg 7717; amended to be effective October 11, 2017, 42 TexReg 5514; amended to be effective January 17, 2018, 43 TexReg 238; transferred effective May 1, 2019, as published in the April 12, 2019 issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
