The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1) Abuse--
(A) for a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code §261.401(1), which is an intentional, knowing, or reckless
act or omission by an employee, volunteer, or other individual working
under the auspices of a facility or program that causes or may cause
emotional harm or physical injury to, or the death of, a child served
by the facility or program as further described by rule or policy;
and
(B) for a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(1), which is:
(i) the negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with resulting
physical or emotional harm or pain to a resident by the resident's
caregiver, family member, or other individual who has an ongoing relationship
with the resident; or
(ii) sexual abuse of a resident, including any involuntary
or nonconsensual sexual conduct that would constitute an offense under
Section 21.08, Penal Code (indecent exposure), or Chapter 22, Penal
Code (assaultive offenses), committed by the resident's caregiver,
family member, or other individual who has an ongoing relationship
with the resident.
(2) Accreditation commission--Has the meaning given
in Texas Health and Safety Code, §247.032.
(3) Advance directive--Has the meaning given in Texas
Health and Safety Code, §166.002.
(4) 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.
(5) Alzheimer's Assisted Living Disclosure Statement
form--The DADS-prescribed form a facility uses to describe the nature
of care or treatment of residents with Alzheimer's disease and related
disorders.
(6) Alzheimer's disease and related disorders--Alzheimer's
disease and any other irreversible dementia described by the Centers
for Disease Control and Prevention (CDC) or the most current edition
of the Diagnostic and Statistical Manual of Mental Disorders.
(7) 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.
(8) Applicant--A person applying for a license to operate
an assisted living facility under Texas Health and Safety Code, Chapter
247.
(9) 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.
(10) 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.
(11) 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).
(12) Change of ownership--An event that results in
a change to the federal taxpayer identification number of the license
holder of a facility. The substitution of a personal representative
for a deceased license holder is not a change of ownership.
(13) Commingles--The laundering of apparel or linens
of two or more individuals together.
(14) 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.
(15) 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.
(16) DADS--The Department of Aging and Disability Services.
(17) DHS--Formerly, this term referred to the Texas
Department of Human Services; it now refers to DADS.
(18) Dietitian--A person who currently holds a license
or provisional license issued by the Texas State Board of Examiners
of Dietitians.
(19) Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(20) Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(21) 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.
(22) 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.
(23) Exploitation--
(A) for a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code §261.401(2), which is the illegal or improper use of a child
or of the resources of a child for monetary or personal benefit, profit,
or gain by an employee, volunteer, or other individual working under
the auspices of a facility or program as further described by rule
or policy; and
(B) for a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(4), which is the illegal or improper act
or process of a caregiver, family member, or other individual who
has an ongoing relationship with the resident using the resources
of a resident for monetary or personal benefit, profit, or gain without
the informed consent of the resident.
(24) Facility--An entity required to be licensed under
the Assisted Living Facility Licensing Act, Texas Health and Safety
Code, Chapter 247.
(25) 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.
(26) Flame spread--The rate of fire travel along the
surface of a material. This is different than other requirements for
time-rated "burn through" resistance ratings, such as one-hour rated.
Flame spread ratings are Class A (0-25), Class B (26-75), and Class
C (76-200).
Cont'd... |
