| (62) NAR--Nurse Aide Registry.
(63) NFPA--The National Fire Protection Association.
If the term is immediately followed by a number, it is a reference
to a publication of NFPA, as referenced in NFPA 101.
(64) NFPA 10--NFPA 10, Standard for Portable Fire Extinguishers,
2010 Edition.
(65) NFPA 13--NFPA 13, Standard for the Installation
of Sprinkler Systems, 2010 Edition.
(66) NFPA 13D--NFPA 13D, Standard for the Installation
of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured
Homes, 2010 Edition.
(67) NFPA 13R--NFPA 13R, Standard for the Installation
of Sprinkler Systems in Residential Occupancies up to and Including
Four Stories in Height, 2010 Edition.
(68) NFPA 25--NFPA 25, Standard for the Inspection,
Testing, and Maintenance of Water-Based Fire Protection Systems, 2011
Edition.
(69) NFPA 37--NFPA 37, Standard for the Installation
and Use of Stationary Combustion Engines and Gas Turbines, 2010 Edition.
(70) NFPA 70--NFPA 70, National Electrical Code, 2011
Edition.
(71) NFPA 72--NFPA 72, National Fire Alarm and Signaling
Code, 2010 Edition.
(72) NFPA 90A--NFPA 90A, Standard for the Installation
of Air-Conditioning and Ventilating Systems, 2012 Edition.
(73) NFPA 90B--NFPA 90B, Standard for the Installation
of Warm Air Heating and Air-Conditioning Systems, 2012 Edition.
(74) NFPA 99--NFPA 99, Health Care Facilities Code,
2012 Edition. A publication of the NFPA that provides minimum requirements
for the installation, testing, maintenance, performance, and safe
practices for health care facilities and for material, equipment,
and appliances, used for patient care in health care facilities. CMS
has incorporated NFPA 99, 2012 Edition, except Chapters 7, 8, 12,
and 13, by reference as a Condition of Participation in the ICF/IID
program for facilities that meet the definition of a health care occupancy.
Copies of NFPA 99 may be obtained from NFPA, 1 Batterymarch Park,
Quincy, MA 02169.
(75) NFPA 101--NFPA 101, Life Safety Code, 2012 Edition.
A publication of the NFPA that provides minimum requirements, with
due regard to function, for the design, operation, and maintenance
of buildings and structures for safety to life from fire. CMS has
incorporated NFPA 101, 2012 Edition, by reference as a Condition of
Participation in the ICF/IID program. Copies of NFPA 101 may be obtained
from NFPA, 1 Batterymarch Park, Quincy, MA 02169.
(76) NFPA 101A--NFPA 101A, Guide on Alternative Approaches
to Life Safety, 2013 Edition.
(77) NFPA 220--NFPA 220, Standard on Types of Building
Construction, 2012 Edition.
(78) NFPA 701--NFPA 701, Standard Methods of Fire Tests
for Flame Propagation of Textiles and Films, 2010 Edition.
(79) Online Portal--Texas Unified Licensure Information
Portal (TULIP).
(80) Oral medication--Medication administered by way
or through the mouth, not including sublingual or buccal.
(81) Pattern of violation--Repeated, but not widespread
in scope, failures of a facility to comply with Texas Health and Safety
Code, Chapter 252, or a rule, standard or order adopted under Chapter
252 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.
(82) Person--An individual, firm, partnership, corporation,
association, or joint stock company, and any legal successor of those
entities.
(83) Personal 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.
(84) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
a resident.
(85) Potential for more than minimal harm--A violation
that results in more than minimal physical, mental, or psychological
discomfort to the resident or has the potential to compromise the
resident's ability to reach and maintain the highest practicable physical,
mental, and psychosocial well-being as defined for the resident.
(86) Qualified intellectual disability professional
(QIDP)--A person who has at least one year of experience working directly
with persons with an intellectual disability or related conditions
and is one of the following:
(A) a doctor of medicine or osteopathy;
(B) a registered nurse; or
(C) an individual who holds at least a bachelor's degree
in one of the following areas:
(i) occupational therapy;
(ii) physical therapy;
(iii) social work;
(iv) speech-language pathology or audiology;
(v) recreation or a specialty area such as art, dance,
music or physical education;
(vi) dietetics; or
(vii) human services, such as sociology, special education,
rehabilitation counseling, or psychology (as specified in 42 CFR §483.430(b)(5)(x).
(87) Rapid influenza diagnostic test--A test administered
to a person with flu-like symptoms that can detect the influenza viral
nucleoprotein antigen.
(88) Receiving facility--A facility that has agreed
to receive the residents of another facility who are evacuated due
to an emergency.
(89) Relocation--The new physical location of a facility.
(90) Remodeling--The construction, removal, or relocation
of walls and partitions, or construction of foundations, floors, or
ceiling-roof assemblies, including expanding of safety systems (e.g..,
sprinkler systems, fire alarm systems), that will change the existing
plan and use areas of the facility.
(91) Renovation--The restoration to a former better
state by cleaning, repairing, or rebuilding (e.g., routine maintenance,
repairs, equipment replacement, painting).
(92) Resident--A person who resides in a facility.
(93) Restraint--A manual method, or a physical or mechanical
device, material, or equipment, attached or adjacent to the resident's
body that the resident cannot remove easily, that restricts freedom
of movement or normal access to the resident's body. This term includes
a personal hold.
(94) Registered nurse(RN)--A person licensed to practice
professional nursing in accordance with Texas Occupations Code, Chapter
301.
(95) Seclusion--The involuntary separation of a resident
away from other residents and the placement of the resident alone
in an area from which the resident is prevented from leaving.
(96) Small facility--A facility with a capacity of
16 or fewer residents.
(97) Staff--Employee of an ICF/IID or a contracted
staff working with residents living in an ICF/IID.
(98) Standards--The minimum conditions, requirements,
and criteria with which a facility will have to comply to be licensed
under this chapter.
(99) TIA--Tentative Interim Amendment.
(100) TAC--Texas Administrative Code.
(101) Topical medication--Medication applied to the
skin, not including medication administered in the eyes.
(102) Universal precautions--The use of barrier precautions
by facility staff to prevent direct contact with blood or other body
fluids that are visibly contaminated with blood.
(103) Vaccine preventable diseases--The diseases included
in the most current recommendations of the Advisory Committee on Immunization
Practices of the CDC.
(104) Violation--Any noncompliance with Texas Health
and Safety Code, Chapter 252, or any rule under this chapter.
(105) Well-recognized church or religious denomination--An
organization which has been granted a tax-exempt status as a religious
association from the state or federal government.
(106) Widespread in scope--A violation that:
(A) is pervasive throughout the services provided by
the facility; or
(B) that affects or has the potential to affect a large
portion of or all the residents of the facility.
|
| Source Note: The provisions of this §551.3 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective July 1, 2002, 27 TexReg 5525; amended to be effective June 1, 2006, 31 TexReg 4463; amended to be effective September 1, 2010, 35 TexReg 7876; amended to be effective June 1, 2012, 37 TexReg 3871; amended to be effective June 17, 2013, 38 TexReg 3806; amended tobeeffective April 27, 2016, 41 TexReg 2971; amended to be effective October 11, 2017, 42 TexReg 5505; amended to be effective October 28, 2018, 43 TexReg 7191; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
