| (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.
(60) Person--Any individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(61) 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.
(62) Personal care staff--An attendant whose primary
employment function is to provide personal care services.
(63) Physician--A practitioner licensed by the Texas
Medical Board.
(64) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
a resident.
(65) 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.
(66) 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.
(67) 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.
(68) Rapid influenza diagnostic test--A test administered
to a person with flu-like symptoms that can detect the influenza viral
nucleoprotein antigen.
(69) Resident--An individual accepted for care in a
facility.
(70) 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.
(71) 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.
(72) 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.
(73) 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).
(74) 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.
(75) 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.
(76) Service plan--A written description of the medical
care, supervision, or nonmedical care needed by a resident.
(77) Short-term acute episode--An illness of less than
30 days' duration.
(78) Small facility--A facility licensed for 16 or
fewer residents.
(79) 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.
(80) Staff--Employees of an assisted living facility.
(81) Standards--The minimum conditions, requirements,
and criteria established in this chapter with which a facility must
comply to be licensed under this chapter.
(82) State Ombudsman--Has the meaning given in §88.2
of this title.
(83) Terminal condition--A medical diagnosis, certified
by a physician, of an illness that will result in death in six months
or less.
(84) Universal precautions--An approach to infection
control in which blood, any body fluids visibly contaminated with
blood, and all body fluids in situations where it is difficult or
impossible to differentiate between body fluids are treated as if
known to be infectious for HIV, hepatitis B, and other blood-borne
pathogens.
(85) Vaccine Preventable Diseases--The diseases included
in the most current recommendations of the Advisory Committee on Immunization
Practices of the CDC.
(86) Widespread in scope--A violation of Texas Health
and Safety Code, Chapter 247 or a rule, standard, or order adopted
under Chapter 247 that:
(A) is pervasive throughout the services provided by
the facility; or
(B) represents a systemic failure by the facility that
affects or has the potential to affect a large portion of or all of
the residents of the facility.
(87) Willfully interfere--To act or not act to intentionally
prevent, interfere with, impeded, or to attempt to intentionally prevent,
interfere with, or impede.
(88) Working day--Any 24-hour period, Monday through
Friday, excluding state and federal holidays.
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