The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Abuse--The willful infliction of injury, unreasonable
confinement, intimidation, or punishment with resulting physical harm,
pain, or mental anguish.
(2) Act--The Social Security Act, codified at United
States Code, Title 42, Chapter 7.
(3) Active duty--Current full-time military service
in the armed forces of the United States or as a member of the Texas
military forces, as defined in Texas Government Code §437.001,
or similar military service of another state.
(4) Active status--The designation given to a nurse
aide listed on the NAR who is eligible to work in a nursing facility.
(5) Armed forces of the United States--The Army, Navy,
Air Force, Space Force, Coast Guard, or Marine Corps of the United
States, including reserve units of those military branches.
(6) Classroom training--The teaching of curriculum
components through in-person instruction taught in a physical classroom
location, which may include skills practice, or through online instruction
taught in a virtual classroom location.
(7) Clinical training--The teaching of hands-on care
of residents in a nursing facility under the required level of supervision
of a licensed nurse, which may include skills practice prior to performing
the skills through hands-on care of a resident. The clinical training
provides the opportunity for a trainee to learn to apply the classroom
training to the care of residents with the assistance and required
level of supervision of the instructor.
(8) Competency evaluation--A written or oral examination
and a skills demonstration administered by a skills examiner to test
the competency of a trainee.
(9) Competency evaluation application--An HHSC form
used to request HHSC approval to take a competency evaluation.
(10) Curriculum--The publication titled Texas Curriculum
for Nurse Aides in Long Term Care Facilities developed by HHSC.
(11) Direct supervision--Observation of a trainee performing
skills in a NATCEP.
(12) Employee misconduct registry (EMR)--The registry
maintained by HHSC in accordance with Texas Health and Safety Code,
Chapter 253, to record findings of reportable conduct by certain unlicensed
(13) Facility--A nursing facility that participates
in Medicaid, a skilled nursing facility that participates in Medicare,
or a nursing facility that participates in both Medicaid and Medicare.
(14) Facility-based NATCEP--A NATCEP offered by or
in a facility.
(15) General supervision--Guidance and ultimate responsibility
for another person in the performance of certain acts.
(16) HHSC--The Texas Health and Human Services Commission
or its designee.
(17) Infection control--Principles and practices that
prevent or stop the spread of infections in the facility setting.
(18) Informal Review (IR)--An opportunity for a nurse
aide to dispute a finding of misconduct by providing testimony and
supporting documentation to an impartial HHSC staff person.
(19) Licensed health professional--A person licensed
to practice healthcare in the state of Texas including:
(A) a physician;
(B) a physician assistant;
(C) a physical, speech, or occupational therapist;
(D) a physical or occupational therapy assistant;
(E) a registered nurse;
(F) a licensed vocational nurse; or
(G) a licensed social worker.
(20) Licensed nurse--A registered nurse or licensed
(21) Licensed vocational nurse (LVN)--An individual
licensed by the Texas Board of Nursing to practice as a licensed vocational
(22) Military service member--A person who is on active
(23) Military spouse--A person who is married to a
military service member.
(24) Military veteran--A person who has served on active
duty and who was discharged or released from active duty.
(25) Misappropriation of resident property--The deliberate
misplacement, exploitation, or wrongful, temporary or permanent use
of a resident's belongings or money without the resident's consent.
(26) Neglect--The failure to provide goods and services
necessary to avoid physical harm, mental anguish, or mental illness.
(27) Non-facility-based NATCEP--A NATCEP not offered
by or in a facility.
(28) Nurse aide--An individual who provides nursing
or nursing-related services to residents in a facility under the supervision
of a licensed nurse and who has successfully completed a NATCEP or
has been determined competent by waiver or reciprocity. This term
does not include an individual who is a licensed health professional
or a registered dietitian or who volunteers services without monetary
(29) Nurse Aide Registry (NAR)--A listing of nurse
aides, maintained by HHSC, that indicates if a nurse aide has active
status, revoked status, or is unemployable based on a finding of having
committed an act of abuse, neglect, or misappropriation of resident
(30) Nurse aide training and competency evaluation
program (NATCEP)--A program approved by HHSC to train and evaluate
an individual's ability to work as a nurse aide in a facility.
(31) Nurse aide training and competency evaluation
program (NATCEP) application--A HHSC form used to request HHSC initial
approval to offer a NATCEP, to renew approval to offer a NATCEP, or
to request HHSC approval of changed information in an approved NATCEP
(32) Nursing services--Services provided by nursing
personnel that include, but are not limited to:
(A) promotion and maintenance of health;
(B) prevention of illness and disability;
(C) management of health care during acute and chronic
phases of illness;
(D) guidance and counseling of individuals and families;
(E) referral to other health care providers and community
resources when appropriate.
(33) Performance record--An evaluation of a trainee's
performance of major duties and skills taught by a NATCEP.
(34) Person--A corporation, organization, partnership,
association, natural person, or any other legal entity that can function
(35) Personal protective equipment (PPE)--Specialized
clothing or equipment, worn by an employee for protection against
(36) Program director--An individual who is approved
by HHSC and meets the requirements in §556.5(a) of this chapter
(relating to Program Director, Program Instructor, Supplemental Trainers,
and Skills Examiner Requirements).
(37) Program instructor--An individual who is approved
by HHSC to conduct the training in a NATCEP and who meets the requirements
in §556.5(b) of this chapter.
(38) Resident--An individual accepted for care or residing
in a facility.
(39) Registered nurse (RN)--An individual licensed
by the Texas Board of Nursing to practice professional nursing.
(40) Skills examiner--An individual who is approved
by HHSC and meets the requirements in §556.5(d) of this chapter.
(41) Trainee--An individual who is enrolled in and
attending, but has not completed, a NATCEP.