| (33) Ombudsman--has the meaning given in §85.2 of this title (relating to Definitions). (34) Person--Any individual, firm, partnership, corporation, association, or joint stock association, and the legal successor thereof. (35) Person with a disclosable interest--Any person who owns 5.0 percent interest in any corporation, partnership, or other business entity that is required to be licensed under Texas Health and Safety Code, Chapter 247. A person with a disclosable interest does not include a bank, savings and loan, savings bank, trust company, building and loan association, credit union, individual loan and thrift company, investment banking firm, or insurance company unless such entity participates in the management of the facility. (36) Personal care services--Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication by a person licensed to administer medications or the assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in the facility or who needs assistance to manage his or her personal life, regardless of whether a guardian has been appointed for the person. (37) Physician--A practitioner licensed by the Texas Medical Board. (38) Practitioner--An individual who is currently licensed in a state in which the individual practices as a physician, dentist, podiatrist, or a physician assistant; or a registered nurse approved by the Texas Board of Nursing to practice as an advanced practice nurse. (39) Qualified medical personnel--An individual who is licensed, certified, or otherwise authorized to administer health care. The term includes a physician, registered nurse, and licensed vocational nurse. (40) Resident--An individual accepted for care in a facility. (41) Respite--The provision by a facility of room, board, and care at the level ordinarily provided for permanent residents of the facility to a person for not more than 60 days for each stay in the facility. (42) Restraint hold-- (A) A manual method, except for physical guidance or prompting of brief duration, used to restrict: (i) free movement or normal functioning of all or a portion of a resident's body; or (ii) normal access by a resident to a portion of the resident's body. (B) Physical guidance or prompting of brief duration becomes a restraint if the resident resists the guidance or prompting. (43) Restraints--Chemical restraints are psychoactive drugs administered for the purposes of discipline or convenience and are not required to treat the resident's medical symptoms. Physical restraints are any manual method, or physical or mechanical device, material, or equipment attached or adjacent to the resident that restricts freedom of movement. Physical restraints include restraint holds. (44) Safety--Protection from injury or loss of life due to such conditions as fire, electrical hazard, unsafe building or site conditions, and the hazardous presence of toxic fumes and materials. (45) Seclusion--The involuntary separation of a resident from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving. (46) Service plan--A written description of the medical care, supervision, or nonmedical care needed by a resident. (47) Short-term acute episode--An illness of less than 30 days duration. (48) Small facility--A facility licensed for 16 or fewer residents. (49) Staff--Employees of an assisted living facility. (50) Standards--The minimum conditions, requirements, and criteria established in this chapter with which a facility must comply to be licensed under this chapter. (51) Terminal condition--A medical diagnosis, certified by a physician, of an illness that will result in death in six months or less. (52) Universal precautions--An approach to infection control in which blood, any body fluids visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids are treated as if known to be infectious for HIV, hepatitis B, and other blood-borne pathogens. (53) Working day--Any 24-hour period, Monday through Friday, excluding state and federal holidays. |
