| (F) all partners in a partnership if a partnership
name is not stated in a written partnership agreement or an assumed
name certificate; or
(G) all co-owners under any other business arrangement.
(35) Patient--An individual who is receiving mental
health services under this chapter.
(36) Person--An individual, firm, partnership, corporation,
association, joint stock company, joint venture, or local authority,
and includes a receiver, trustee, assignee, or other similar representative
of those entities.
(37) Pharmacist--A person who is licensed to practice
pharmacy by the Texas Board of Pharmacy in accordance with Texas Occupations
Code, Chapter 558.
(38) Physician--An individual who is:
(A) licensed as a physician by the Texas State Board
of Medical Examiners in accordance with Chapter 155 of the Texas Occupations
Code; or
(B) authorized to perform medical acts under an institutional
permit at a Texas postgraduate training program approved by the Accreditation
Council on Graduate Medical Education, the American Osteopathic Association,
or the Texas State Board of Medical Examiners.
(39) Podiatrist--A podiatrist licensed by the Texas
State Board of Podiatry Examiners.
(40) Political subdivision--A county, municipality,
or hospital district in this state but does not include a department,
board, or agency of the state that has statewide authority and responsibility.
(41) Practitioner--A health care professional licensed
in the State of Texas, other than a physician.
(42) Premises--A premises may be any of the following:
(A) a single building where inpatients receive hospital
services; or
(B) multiple buildings where inpatients receive hospital
services, provided that the following criteria are met:
(i) all inpatient buildings and inpatient services
are subject to the control and direction of the governing body of
the hospital;
(ii) all inpatient buildings are within a 30-mile radius
of the main address of the licensee;
(iii) there is integration of the organized medical
staff of the hospital;
(iv) there is a single chief executive officer who
reports directly to the governing body and through whom all administrative
authority flows and who exercises control and surveillance over all
administrative activities of the hospital;
(v) there is a single chief medical officer who reports
directly to the governing body and who is responsible for all medical
staff activities of the hospital; and
(vi) each building that is geographically separate
from other buildings contains at least one nursing unit for inpatients,
unless providing only diagnostic or laboratory services, or a combination
thereof, in the building for hospital inpatients.
(43) Private psychiatric hospital--A hospital that
provides inpatient mental health services to individuals with a mental
illness or with a substance use disorder except that, at all times,
a majority of the individuals admitted are individuals with a mental
illness. Such services include psychiatric assessment and diagnostic
services, physician services, professional nursing services, and monitoring
for patient safety provided in a restricted environment.
(44) Registered nurse--An individual who is licensed
as a registered nurse by the Board of Nurse Examiners in accordance
with Texas Occupations Code, Chapter 301.
(45) Relocatable unit--Any structure, not on wheels,
built to be relocated at any time and provide medical services. These
structures vary in size.
(46) Reportable event--A medical error or adverse event
or occurrence which the facility is required to report to the department,
as set out in §134.47 of this title (relating to Patient Safety
Program).
(47) Root cause analysis--An interdisciplinary review
process for identifying the basic or contributing causal factors that
underlie a variation in performance associated with an adverse event
or reportable event. It focuses primarily on systems and processes,
includes an analysis of underlying cause and effect, progresses from
special causes in clinical processes to common causes in organizational
processes, and identifies potential improvements in processes or systems.
(48) Stabilize--With respect to an emergency medical
condition, to provide such medical treatment of the condition necessary
to assure, within reasonable medical probability, that no material
deterioration of the condition is likely to result from or occur during
the transfer of the individual from a facility, or that the woman
has delivered the child and the placenta.
(49) Transfer--The movement (including the discharge)
of an individual outside a facility at the direction of any person
employed by (or affiliated or associated, directly or indirectly,
with) the facility, but does not include such a movement of an individual
who has been declared dead, or leaves the facility without the permission
of any such person.
(50) Transportable unit--Any pre-manufactured structure
or trailer, equipped with a chassis on wheels, intended to provide
shared medical services to the community on an extended temporary
basis. These units are designed to be moved periodically, depending
on need.
(51) Universal precautions--Procedures for disinfection
and sterilization of reusable medical devices and the appropriate
use of infection control, including hand washing, the use of protective
barriers, and the use and disposal of needles and other sharp instruments
as those procedures are defined by the Centers for Disease Control
(CDC) of the United States Public Health Service. This term includes
standard precautions as defined by CDC which are designed to reduce
the risk of transmission of blood borne and other pathogens in facilities.
(52) Violation--Failure to comply with the licensing
statute, a rule or standard, special license provision, or an order
issued by the commissioner of health or the commissioner's designee,
adopted or enforced under the licensing statute. Each day a violation
continues or occurs is a separate violation for purposes of imposing
a penalty.
|
| Source Note: The provisions of this §510.2 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
