| (26) Health care facility--Any type of facility or
home and community support services agency licensed to provide health
care in any state or is certified for Medicare (Title XVIII) or Medicaid
(Title XIX) participation in any state.
(27) Health care worker--Any person who furnishes health
care services in a direct patient care situation under a license,
certificate, or registration issued by the State of Texas or a person
providing direct patient care in the course of a training or educational
program.
(28) Hospital--A facility that is licensed under the
Texas Hospital Licensing Law, Health and Safety Code Chapter 241,
or if exempt from licensure, certified by the United States Department
of Health and Human Services as in compliance with the conditions
of participation for hospitals in Title XVIII, Social Security Act
(42 United States Code §§1395 et. seq.).
(29) Immediate jeopardy to health and safety--A situation
in which there is a high probability that serious harm or injury to
patients could occur at any time or already has occurred and may well
occur again, if patients are not protected effectively from the harm
or if the threat is not removed.
(30) Inspection--An on-site inspection by HHSC in which
a standard-by-standard evaluation is conducted.
(31) Licensed abortion facility--A place licensed by
HHSC under Health and Safety Code Chapter 245, where abortions are
performed or induced.
(32) Licensed mental health practitioner--A person
licensed in the State of Texas to provide counseling or psychotherapeutic
services.
(33) Licensed vocational nurse (LVN)--A person who
is currently licensed by the Texas Board of Nursing as a licensed
vocational nurse.
(34) Licensee--A person or entity who is currently
licensed as an abortion facility.
(35) Medical abortion--The administration or use of
an abortion-inducing drug to induce an abortion, and may also be referred
to as a "medication abortion," a "chemical abortion," a "drug-induced
abortion," "RU-486," or the "Mifeprex regimen."
(36) Medical consultant--A physician who is designated
to supervise the medical services of the facility.
(37) Nonprofessional personnel--Personnel of the facility
who are not licensed or certified under the laws of this state to
provide a service and shall function under the delegated authority
of a physician, registered nurse, or other licensed health professional
who assumes responsibility for their performance in the licensed abortion
facility.
(38) Noncritical items--Items that come in contact
with intact skin.
(39) Notarized copy--A copy attached to a notarized
affidavit which states that the attached copy(ies) are true and correct
copies of the original documents.
(40) Patient--A pregnant female on whom an abortion
is performed or induced, but shall in no event be construed to include
a fetus.
(41) Person--Any individual, firm, partnership, corporation,
or association.
(42) Physician--An individual licensed by the Texas
Medical Board and authorized to practice medicine in the State of
Texas.
(43) Physician assistant--A person licensed as a physician
assistant by the Texas Physician Assistant Board.
(44) Plan of correction--A written strategy for correcting
a licensing violation. The plan of correction shall be developed by
the facility, and shall address the systemic operation(s) of the facility
as the systemic operation(s) apply to the deficiency.
(45) Post-procedure infection--An infection acquired
at or during an admission to a facility; there shall be no evidence
that the infection was present or incubating at the time of admission
to the facility. Post-procedure infections and their complications
that may occur after an abortion include, but are not limited to,
endometritis and other infections of the female reproductive tract,
laboratory-confirmed or clinical sepsis, septic pelvic thrombophlebitis,
and disseminated intravascular coagulopathy.
(46) Pregnant unemancipated minor certification form--The
document prepared by HHSC and used by physicians to certify the medical
indications supporting the judgment for the immediate abortion of
a pregnant minor.
(47) Pre-inspection conference--A conference held with
HHSC staff and the applicant or his or her representative to review
licensure standards, inspection documents, and provide consultation
prior to the on-site licensure inspection.
(48) Professional personnel--Patient care personnel
of the facility currently licensed or certified under the laws of
this state to use a title and provide the type of service for which
the patient care personnel are licensed or certified.
(49) Quality assurance--An ongoing, objective, and
systematic process of monitoring, evaluating, and improving the appropriateness,
and effectiveness of care.
(50) Quality improvement--An organized, structured
process that selectively identifies improvement projects to achieve
improvements in products or services.
(51) Registered nurse (RN)--A person who is currently
licensed by the Texas Board of Nursing as a registered nurse.
(52) Semicritical items--Items that come in contact
with nonintact skin or mucous membranes. Semicritical items may include
respiratory therapy equipment, anesthesia equipment, bronchoscopes,
and thermometers.
(53) Standards--Minimum requirements under the Act
and this chapter.
(54) Sterile field--The operative area of the body
and anything that directly contacts this area.
(55) Sterilization--The use of a physical or chemical
procedure to destroy all microbial life, including bacterial endospores.
(56) Supervision--Authoritative procedural guidance
by a qualified person for the accomplishment of a function or activity
that includes initial direction and periodic inspection of the actual
act of accomplishing the function or activity.
(57) Surgical abortion--The use of instruments, aspiration,
and/or suction to induce an abortion, with the purpose of terminating
the pregnancy of a woman known to be pregnant.
(58) Third trimester certification form--The document
prepared by HHSC and used by physicians to certify the medical indications
supporting the judgment for the abortion of a viable fetus during
the third trimester of pregnancy.
(59) Third trimester--A gestational period of not less
than 26 weeks (following last-menstrual period (LMP)).
(60) Unemancipated minor--A minor who is unmarried
and has not had the disabilities of minority removed under Family
Code Chapter 31.
|
| Source Note: The provisions of this §139.2 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective January 1, 2014, 38 TexReg 9577; amended to be effective May 31, 2018, 43 TexReg 3361; amended to be effective November 24, 2022, 47 TexReg 7696 |
