| (25) 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.
(26) 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.
(27) Large facility--A facility licensed for 17 or
more residents.
(28) 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.
(29) Listed--Equipment, materials, or services included
in a list published by an organization concerned with evaluation of
products or services, that maintains periodic inspection of production
of listed equipment or materials or periodic evaluation of services,
and whose listing states that either the equipment, material, or service
meets appropriate designated standards or has been tested and found
suitable for a specified purpose. The listing organization must be
acceptable to the authority having jurisdiction, including DADS or
any other state, federal or local authority.
(30) Local code--A model building code adopted by the
local building authority where the assisted living facility is constructed
or located.
(31) 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.
(32) Manager--The individual in charge of the day-to-day
operation of the facility.
(33) 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.
(34) 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.
(35) Medication assistance or supervision--The assistance
or supervision of the medication regimen by facility staff. Refer
to §92.41(j) of this chapter.
(36) Medication (self-administration)--The capability
of a resident to administer the resident's own medication or treatments
without assistance from the facility staff.
(37) Neglect--
(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(3), which is a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an individual
treatment plan, plan of care, or individualized service plan, that
causes or may cause substantial 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(6), which is the failure to provide for
one's self the goods or services, including medical services, which
are necessary to avoid physical or emotional harm or pain or the failure
of a caregiver to provide such goods or services.
(38) NFPA 101--The 2000 publication titled "NFPA 101
Life Safety Code" published by the National Fire Protection Association,
Inc., 1 Batterymarch Park, Quincy, Massachusetts 02169.
(39) Ombudsman--Has the meaning given in §85.2
of this title (relating to Definitions).
(40) Person--Any individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(41) 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.
(42) Personal care services--Assistance with feeding,
dressing, moving, bathing, or other personal needs or maintenance;
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.
(43) Physician--A practitioner licensed by the Texas
Medical Board.
(44) 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
registered nurse.
(45) 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.
(46) Resident--An individual accepted for care in a
facility.
(47) 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.
(48) 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.
(49) 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.
(50) 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.
(51) 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.
(52) Service plan--A written description of the medical
care, supervision, or nonmedical care needed by a resident.
(53) Short-term acute episode--An illness of less than
30 days duration.
(54) Small facility--A facility licensed for 16 or
fewer residents.
(55) Staff--Employees of an assisted living facility.
(56) Standards--The minimum conditions, requirements,
and criteria established in this chapter with which a facility must
comply to be licensed under this chapter.
(57) Terminal condition--A medical diagnosis, certified
by a physician, of an illness that will result in death in six months
or less.
(58) 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.
(59) Vaccine Preventable Diseases--The diseases included
in the most current recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention.
(60) Working day--Any 24-hour period, Monday through
Friday, excluding state and federal holidays.
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