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) Commingles--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;
(C) an officer or director of a publicly traded corporation
that is, or that controls, a facility, management company, or other
business entity described in subparagraph (A) of this paragraph but
does not include a shareholder or lender of the publicly traded corporation;
and
(D) 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.
Cont'd... |