| (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 |
