| (44) 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.
(45) Manager--The individual in charge of the day-to-day
operation of the facility.
(46) Managing local ombudsman--Has the meaning given
in §88.2 of this title.
(47) 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.
(48) 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.
(49) Medication assistance or supervision--The assistance
or supervision of the medication regimen by facility staff. Refer
to §553.261(a) of this chapter.
(50) Medication (self- or self-administration of)--The
capability of a resident to administer the resident's own medication
or treatments without assistance from the facility staff.
(51) Multidrug-resistant organisms--Bacteria and other
microorganisms that have developed resistance to multiple types of
medicine used to act against the microorganism.
(52) 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.
(53) NFPA 101--The 2012 publication titled "NFPA 101
Life Safety Code" published by the National Fire Protection Association,
Inc., 1 Batterymarch Park, Quincy, Massachusetts 02169.
(54) Ombudsman intern--Has the meaning given in §88.2
of this title.
(55) Ombudsman program--Has the meaning given in §88.2
of this title.
(56) Online portal--A secure portal provided on the
HHSC website for licensure activities, including for an assisted living
facility applicant to submit licensure applications and information.
(57) 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.
(58) Person--Any individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(59) 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.
(60) Personal care staff--An attendant whose primary
employment function is to provide personal care services.
(61) Physician--A practitioner licensed by the Texas
Medical Board.
(62) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
a resident.
(63) 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.
(64) 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.
(65) 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.
(66) Rapid influenza diagnostic test--A test administered
to a person with flu-like symptoms that can detect the influenza viral
nucleoprotein antigen.
(67) Resident--An individual accepted for care in a
facility.
(68) 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.
(69) 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.
(70) 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.
(71) RN (registered nurse)--A person who holds a current
and active license from the Texas Board of Nursing to practice professional
nursing, as defined in Texas Occupations Code §301.002(2).
(72) 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.
(73) 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.
(74) Service plan--A written description of the medical
care, supervision, or nonmedical care needed by a resident.
(75) Short-term acute episode--An illness of less than
30 days' duration.
(76) Small facility--A facility licensed for 16 or
fewer residents.
(77) Stable and predictable--A phrase describing the
clinical and behavioral status of a resident that is non-fluctuating
and consistent and does not require the regular presence of a registered
or licensed vocational nurse.
(A) The phrase does not include within its meaning
a description of the clinical and behavioral status of a resident
that is expected to change rapidly or needs continuous or continual
nursing assessment and evaluation.
(B) The phrase does include within its meaning a description
of the condition of a resident receiving hospice care within a facility
where deterioration is predictable.
(78) Staff--Employees of an assisted living facility.
(79) Standards--The minimum conditions, requirements,
and criteria established in this chapter with which a facility must
comply to be licensed under this chapter.
(80) State Ombudsman--Has the meaning given in §88.2
of this title.
Cont'd... |
