The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise. (1) Accreditation commission--Has the meaning given in Texas Health and Safety Code, §247.032. (2) Advance directive--Has the meaning given in Texas Health and Safety Code, §166.002. (3) Affiliate--With respect to: (A) a partnership, each partner thereof; (B) a corporation, each officer, director, principal stockholder, subsidiary, and each person with a disclosable interest, as the term is defined in this section; and (C) a natural person: (i) said person's spouse; (ii) each partnership and each partner thereof of which said person or any affiliate of said person is a partner; and (iii) each corporation in which said person is an officer, director, principal stockholder, or person with a disclosable interest. (4) Alzheimer's facility--A type B assisted living facility that is certified to provide specialized services to residents with Alzheimer's or a related condition. (5) Applicant--A person applying for a license to operate an assisted living facility under Texas Health and Safety Code, Chapter 247. (6) Attendant--A facility employee who provides direct care to residents. This employee may serve other functions, including cook, janitor, porter, maid, laundry worker, security personnel, bookkeeper, activity director, and manager. (7) Authorized electronic monitoring (AEM)--The placement of an electronic monitoring device in a resident's room and using the device to make tapes or recordings after making a request to the facility to allow electronic monitoring. (8) Behavioral emergency--Has the meaning given in §92.41(p)(2) of this chapter (relating to Standards for Type A and Type B Assisted Living Facilities). (9) Change of ownership--A change of ownership is: (A) a change of sole proprietorship that is licensed to operate a facility; (B) a change of 50 percent or more in the ownership of the business organization that is licensed to operate the facility; (C) a change in the federal taxpayer identification number; or (D) relinquishment by the license holder of the operation of the facility. (10) Co-mingles--The laundering of apparel or linens of two or more individuals together. (11) Controlling person--A person with the ability, acting alone or with others, to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of an assisted living facility or other person. A controlling person includes: (A) a management company, landlord, or other business entity that operates or contracts with others for the operation of an assisted living facility; (B) any person who is a controlling person of a management company or other business entity that operates an assisted living facility or that contracts with another person for the operation of an assisted living facility; and (C) any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of an assisted living facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility, except an employee, lender, secured creditor, landlord, or other person who does not exercise formal or actual influence or control over the operation of an assisted living facility. (12) Covert electronic monitoring--The placement and use of an electronic monitoring device that is not open and obvious, and the facility and DADS have not been informed about the device by the resident, by a person who placed the device in the room, or by a person who uses the device. (13) DADS--The Department of Aging and Disability Services. (14) DHS--Formerly, this term referred to the Texas Department of Human Services; it now refers to DADS. (15) Dietitian--A person who currently holds a license or provisional license issued by the Texas State Board of Examiners of Dietitians. (16) Disclosure statement--A DADS form for prospective residents or their legally authorized representatives that a facility must complete. The form contains information regarding the preadmission, admission, and discharge process; resident assessment and service plans; staffing patterns; the physical environment of the facility; resident activities; and facility services. (17) Electronic monitoring device--Video surveillance cameras and audio devices installed in a resident's room, designed to acquire communications or other sounds that occur in the room. An electronic, mechanical, or other device used specifically for the nonconsensual interception of wire or electronic communication is excluded from this definition. (18) Facility--An entity required to be licensed under the Assisted Living Facility Licensing Act, Texas Health and Safety Code, Chapter 247. (19) Fire suppression authority--The paid or volunteer fire-fighting organization or tactical unit that is responsible for fire suppression operations and related duties once a fire incident occurs within its jurisdiction. (20) Governmental unit--The state or any county, municipality, or other political subdivision, or any department, division, board, or other agency of any of the foregoing. (21) Health care professional--An individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice. The term includes a physician, registered nurse, licensed vocational nurse, licensed dietitian, physical therapist, and occupational therapist. (22) Immediate threat--There is considered to be an immediate threat to the health or safety of a resident, or a situation is considered to put the health or safety of a resident in immediate jeopardy, if there is a situation in which an assisted living facility's noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident. (23) Immediately available--The capacity of facility staff to immediately respond to an emergency after being notified through a communication or alarm system. The staff are to be no more than 600 feet from the farthest resident and in the facility while on duty. (24) Large facility--A facility licensed for 17 or more residents. (25) Legally authorized representative--A person authorized by law to act on behalf of a person with regard to a matter described in this chapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult. (26) Management services--Services provided under contract between the owner of a facility and a person to provide for the operation of a facility, including administration, staffing, maintenance, or delivery of resident services. Management services do not include contracts solely for maintenance, laundry, transportation, or food services. (27) Manager--The individual in charge of the day-to-day operation of the facility. (28) Medication-- (A) Medication is any substance: (i) recognized as a drug in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Texas Drug Code Index or official National Formulary, or any supplement to any of these official documents; (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; (iii) other than food intended to affect the structure or any function of the body; and (iv) intended for use as a component of any substance specified in this definition. (B) Medication includes both prescription and over-the-counter medication, unless otherwise specified. (C) Medication does not include devices or their components, parts, or accessories. (29) Medication administration--The direct application of a medication or drug to the body of a resident by an individual legally allowed to administer medication in the state of Texas. (30) Medication assistance or supervision--The assistance or supervision of the medication regimen by facility staff. Refer to §92.41(j) of this chapter. (31) Medication (self-administration)--The capability of a resident to administer the resident's own medication or treatments without assistance from the facility staff. (32) NFPA 101--The 1988 publication titled "NFPA 101 Life Safety Code" published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02169. Cont'd... |
