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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 550LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER APURPOSE, SCOPE, LIMITATIONS, COMPLIANCE, AND DEFINITIONS
RULE §550.5Definitions

  (51) Medical director--A physician who has the qualifications described in §15.307 of this chapter (relating to Medical Director Qualifications and Conditions) and has the responsibilities described in §15.308 of this chapter (relating to Medical Director Responsibilities).

  (52) Medical record--A record composed first-hand for a minor who has or is receiving services at a center.

  (53) Medically dependent or technologically dependent--The condition of an individual who, because of an acute, chronic, or intermittent medically complex or fragile condition or disability, requires ongoing, technology-based skilled nursing care prescribed by a physician to avert death or further disability, or the routine use of a medical device to compensate for a deficit in a life-sustaining body function. The term does not include a controlled or occasional medical condition that does not require continuous nursing care, including asthma or diabetes, or a condition that requires an epinephrine injection.

  (54) Medication administration record--A record used to document the administration of a minor's medications and pharmaceuticals.

  (55) Medication list--A list that includes all prescriptions, over-the-counter pharmaceuticals, and supplements that a minor is prescribed or taking, including the dosage, preparation, frequency, and the method of administration.

  (56) Minor--An individual younger than 21 years of age who is medically dependent or technologically dependent.

  (57) Mitigation--An action taken to eliminate or reduce the probability of an emergency or public health emergency, or reduce an emergency's severity or consequences.

  (58) Nursing director--The individual responsible for supervising skilled services provided at a center and who has the qualifications described in §15.309 of this chapter (relating to the Nursing Director and Alternate Nursing Director Qualifications and Conditions).

  (59) Nutritional counseling--Advising and assisting an adult minor or a minor's parent or family on appropriate nutritional intake by integrating information from a nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status, with the goal being health promotion, disease prevention, and nutrition education. The term includes:

    (A) dialogue with an adult minor or a minor's parent to discuss current eating habits, exercise habits, food budget, and problems with food preparation;

    (B) discussion of dietary needs to help an adult minor or the minor's parent understand why certain foods should be included or excluded from the minor's diet and to help with adjustment to the new or revised or existing diet plan;

    (C) a personalized written diet plan as ordered by the minor's physician, to include instructions for implementation;

    (D) providing the adult minor or the minor's parent with motivation to help them understand and appreciate the importance of the diet plan in getting and staying healthy; or

    (E) working with the adult minor or the minor's parent by recommending ideas for meal planning, food budget planning, and appropriate food gifts.

  (60) Occupational therapist--A person who has a valid license under Texas Occupations Code, Chapter 454, as an occupational therapist.

  (61) Occupational therapy assistant--A person who has a valid license under Texas Occupations Code, Chapter 454, as an occupational therapy assistant who assists in the practice of occupational therapy under the general supervision of an occupational therapist.

  (62) Operating hours--The days of the week and the hours of day a center is open for services to a minor as identified in a center's written policy as required by §15.201 of this chapter (relating to Operating Hours).

  (63) Overnight--The hours between 9:00 p.m. and 5:00 a.m. during the days of the week a center operates.

  (64) Over-the-counter pharmaceuticals--A drug or formulary for which a physician's prescription is not needed for purchase or administration.

  (65) Parent--A person authorized by law to act on behalf of a minor with regard to a matter described in this chapter. The term includes:

    (A) a biological, adoptive, or foster parent;

    (B) a guardian;

    (C) a managing conservator; and

    (D) a non-parent decision-maker as authorized by Texas Family Code §32.001.

  (66) Parent company--A person, other than an individual, who has a direct 100 percent ownership interest in the owner of a center.

  (67) Person--An individual, firm, partnership, corporation, association, or joint stock association, and the legal successor thereof.

  (68) Personal care services--Services required by a minor, including:

    (A) bathing;

    (B) maintaining personal hygiene;

    (C) routine hair and skin care;

    (D) grooming;

    (E) dressing;

    (F) feeding;

    (G) eating;

    (H) toileting;

    (I) maintaining continence;

    (J) positioning;

    (K) mobility and bed mobility;

    (L) transfer and ambulation;

    (M) range of motion;

    (N) exercise; and

    (O) use of durable medical equipment.

  (69) Pharmaceuticals--Of or pertaining to drugs, including over-the-counter drugs and those requiring a physician's prescription for purchase or administration.

  (70) Pharmacist--A person who is licensed to practice pharmacy under Texas Occupations Code, Chapter 558.

  (71) Pharmacy--A facility at which a prescription drug or medication order is received, processed, or dispensed as defined in Texas Occupations Code §551.003.

  (72) Physical restraint--The use of physical force, except for physical guidance or prompting of brief duration, that restricts the free movement of all or a portion of a minor's body for the purpose of modifying or controlling the minor's behavior.

  (73) Physical therapist--A person who has a valid license under Texas Occupations Code, Chapter 453, as a physical therapist.

  (74) Physical therapist assistant--A person who has a valid license under Texas Occupations Code, Chapter 453, as a physical therapist assistant and:

    (A) who assists and is supervised by a physical therapist in the practice of physical therapy; and

    (B) whose activities require an understanding of physical therapy.

  (75) Physician--A person who:

    (A) has a valid license in Texas to practice medicine or osteopathy in accordance with Texas Occupations Code, Chapter 155;

    (B) has a valid license in Arkansas, Louisiana, New Mexico, or Oklahoma to practice medicine, who is the treating physician of a minor, and orders services for the minor, in accordance with Texas Occupations Code, Chapter 151; or

    (C) is a commissioned or contract physician or surgeon who serves in the United States uniformed services or Public Health Service if the person is not engaged in private practice, in accordance with Texas Occupations Code, Chapter 151.

  (76) Place of business--An office of a center where medical records are maintained and from which services are directed.

  (77) Plan of care--A protocol of care.

  (78) Positive intervention--An intervention that is based on or uses a minor's preferences as positive reinforcement, and focuses on positive outcomes and wellness for the minor.

  (79) Pre-licensing program training--Computer-based training, available on HHSC website, designed to acquaint center staff with licensure standards.

  (80) Preparedness--Actions taken in anticipation of a disaster including a public health disaster.

  (81) Prescribing physician--A physician who is authorized to write and issue orders for services at a center.

  (82) Progress note--A dated and signed written notation summarizing facts about services provided to a minor and the minor's response during a given period of time.

  (83) Protective device--A mechanism or treatment, including sedation, that is:

    (A) used:

      (i) for body positioning;

      (ii) to immobilize a minor during a medical, dental, diagnostic, or nursing procedure;

      (iii) to permit wounds to heal; or

Cont'd...

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