| (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.
(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
(52) Ombudsman program--Has the meaning given in 26
(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
(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
(57) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
(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
(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
(61) Resident--An individual accepted for care in a
(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
(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
(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
(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
(73) Terminal condition--A medical diagnosis, certified
by a physician, of an illness that will result in death in six months
(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
(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