| (a) Basis in legislation. The licensing standards for personal care facilities are promulgated under the authority of the Health and Safety Code, Chapter 247. (b) Scope. The licensing standards for personal care facilities contain the minimum standards that a facility must meet in order to be licensed as a personal care facility. The standards serve as a basis for survey activities for licensure. (1) A personal care facility is an establishment, including a board and care home, that provides, in one or more facilities: food and shelter to four or more persons who are unrelated to the owner of the establishment; personal care services; minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners; or services which meet some need beyond basic provision of food, shelter, and laundry. (A) The Texas Department of Human Services considers one or more
facilities to be part of the same establishment and, therefore, subject to licensure as a personal care facility, based on the following factors: (i) common ownership: (ii) physical proximity; (iii) shared services, personnel, or equipment in any part of the facilities' operations; and (iv) any public appearance of joint operations or of a relationship between the facilities. (B) The presence or absence of any one factor in subparagraph (A) of this paragraph is not conclusive. (2) Structured or organized medical, nursing, or other care as found in licensed hospitals and licensed nursing facilities, and similar specialized facilities, cannot be furnished by the licensed personal care facility staff, but licensed nursing staff may administer medication and provide general supervision or oversight of the physical and mental well-being of residents, including
occasional nursing services consistent with the needs of individuals described in §92.41(d)(2)(A) of this title (relating to Standards for Type A and Type B Personal Care Facilities), enabling them to maintain their independence. Residents may contract to have home health services delivered. (c) Personal care residents. General characteristics of personal care residents include, but are not limited to, the following. A resident may: (1) exhibit symptoms of mental or emotional disturbance, but is not considered at risk of imminent harm to self or others; (2) need assistance with movement; (3) require assistance with bathing, dressing, and grooming; (4) require assistance with routine skin care, such as application of lotions, or treatment of minor cuts and burns; (5) need reminders to encourage toilet routine and prevent incontinence;
(6) require temporary services by professional personnel; (7) need assistance with medications, supervision of self-medication, or administration of medication; (8) require encouragement to eat or monitoring due to social or psychological reasons of temporary illness; (9) be hearing impaired or speech impaired; (10) be incontinent without pressure sores; (11) require established therapeutic diets; (12) require self-help devices; and (13) need assistance with meals.
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