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RULE §553.2Definitions

    (C) Medication does not include devices or their components, parts, or accessories.

  (46) 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.

  (47) Medication assistance or supervision--The assistance or supervision of the medication regimen by facility staff. Refer to §92.41(j) of this chapter.

  (48) Medication (self-administration)--The capability of a resident to administer the resident's own medication or treatments without assistance from the facility staff.

  (49) 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, §261.001(4), 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.

  (50) 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.

  (51) Ombudsman intern--Has the meaning given in 26 TAC §88.2.

  (52) Ombudsman program--Has the meaning given in 26 TAC §88.2.

  (53) Pattern of violation--Repeated, but not widespread in scope, failures of a facility to comply with this chapter or a rule, standard, or order adopted under Texas Health and Safety Code, Chapter 247 that:

    (A) result in a violation; and

    (B) are found throughout the services provided by the facility or that affect or involve the same residents or facility employees.

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

  (55) 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.

  (56) Physician--A practitioner licensed by the Texas Medical Board.

  (57) Potential for minimal harm--A violation that has the potential for causing no more than a minor negative impact on a resident.

  (58) 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.

  (59) Private and unimpeded access--Access to enter a facility, or communicate with a resident outside of the hearing and view of others, without interference or obstruction from facility employees, volunteers, or contractors.

  (60) 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.

  (61) Resident--An individual accepted for care in a facility.

  (62) 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.

  (63) 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.

  (64) 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.

  (65) 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.

  (66) 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.

  (67) Service plan--A written description of the medical care, supervision, or nonmedical care needed by a resident.

  (68) Short-term acute episode--An illness of less than 30 days duration.

  (69) Small facility--A facility licensed for 16 or fewer residents.

  (70) Staff--Employees of an assisted living facility.

  (71) Standards--The minimum conditions, requirements, and criteria established in this chapter with which a facility must comply to be licensed under this chapter.

  (72) State Ombudsman--Has the meaning given in 26 TAC §88.2.

  (73) Terminal condition--A medical diagnosis, certified by a physician, of an illness that will result in death in six months or less.

  (74) 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.

  (75) Vaccine Preventable Diseases--The diseases included in the most current recommendations of the Advisory Committee on Immunization Practices of the CDC.

  (76) Widespread in scope--A violation of Texas Health and Safety Code, Chapter 247 or a rule, standard, or order adopted under Chapter 247 that:

    (A) is pervasive throughout the services provided by the facility; or

    (B) represents a systemic failure by the facility that affects or has the potential to affect a large portion of or all of the residents of the facility.

  (77) Willfully interfere--To act or not act to intentionally prevent, interfere with, or impeded or to attempt to intentionally prevent, interfere with, or impede.

  (78) Working day--Any 24-hour period, Monday through Friday, excluding state and federal holidays.

Source Note: The provisions of this §553.2 adopted to be effective January 15, 2009, 34 TexReg 240; amended to be effective June 1, 2010, 35 TexReg 4471; amended to be effective September 1, 2010, 35 TexReg 7877; amended to be effective January 1, 2012, 36 TexReg 9345; amended to be effective June 1, 2012, 37 TexReg 3876; amended to be effective January 6, 2014, 39 TexReg 90; amended to be effective July 21, 2016, 41 TexReg 5214; amended to be effective October 11, 2017, 42 TexReg 5510; amended to be effective April 5, 2018, 43 TexReg 2028; amended to be effective October 28, 2018, 43 TexReg 7197; transferred effective May 1, 2019, as published inthe Texas Register April 12, 2019, 44 TexReg 1886

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