| (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(4), which is the illegal or improper act
or process of a caregiver, family member, or other individual who
has an ongoing relationship with the resident using the resources
of a resident for monetary or personal benefit, profit, or gain without
the informed consent of the resident.
(27) Facility--An entity required to be licensed under
the Assisted Living Facility Licensing Act, Texas Health and Safety
Code, Chapter 247.
(28) Fire suppression authority--The paid or volunteer
fire-fighting organization or tactical unit that is responsible for
fire suppression operations and related duties once a fire incident
occurs within its jurisdiction.
(29) Flame spread--The rate of fire travel along the
surface of a material. This is different than other requirements for
time-rated "burn through" resistance ratings, such as one-hour rated.
Flame spread ratings are Class A (0-25), Class B (26-75), and Class
C (76-200).
(30) Functional disability--A mental, cognitive, or
physical disability that precludes the physical performance of self-care
tasks, including health maintenance activities and personal care.
(31) Governmental unit--The state or any county, municipality,
or other political subdivision, or any department, division, board,
or other agency of any of the foregoing.
(32) Health care professional--An individual licensed,
certified, or otherwise authorized to administer health care, for
profit or otherwise, in the ordinary course of business or professional
practice. The term includes a physician, registered nurse, licensed
vocational nurse, licensed dietitian, physical therapist, and occupational
therapist.
(33) Health maintenance activity (HMA)--Consistent
with 22 TAC §225.4 (relating to Definitions), a task that:
(A) may be exempt from delegation based on an RN's
assessment in accordance with §553.263(c) of this chapter (relating
to Health Maintenance Activities); and
(B) requires a higher level of skill to perform than
personal care services and, in the context of an ALF, excludes the
following tasks:
(i) intermittent catheterization; and
(ii) subcutaneous, nasal, or insulin pump administration
of insulin or other injectable medications prescribed in the treatment
of diabetes mellitus.
(34) HHSC--The Texas Health and Human Services Commission.
(35) Immediate threat to the health or safety of a
resident--A situation that causes, or is likely to cause, serious
injury, harm, or impairment to or the death of a resident.
(36) Immediately available--The capacity of facility
staff to immediately respond to an emergency after being notified
through a communication or alarm system. The staff are to be no more
than 600 feet from the farthest resident and in the facility while
on duty.
(37) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(38) Isolated--A very limited number of residents are
affected, and a very limited number of staff are involved, or the
situation has occurred only occasionally.
(39) Key infectious agents--Bacteria, viruses, and
other microorganisms which cause the most common infections and infectious
diseases in long-term care facilities, and can be mitigated by establishing,
implementing, maintaining, and enforcing proper infection, prevention,
and control policies and procedures.
(40) Large facility--A facility licensed for 17 or
more residents.
(41) Legally authorized representative--A person authorized
by law to act on behalf of a person with regard to a matter described
in this chapter, and may include a parent, guardian, or managing conservator
of a minor, or the guardian of an adult.
(42) License holder--A person that holds a license
to operate a facility.
(43) Listed--Equipment, materials, or services included
in a list published by an organization concerned with evaluation of
products or services, that maintains periodic inspection of production
of listed equipment or materials or periodic evaluation of services,
and whose listing states that either the equipment, material, or service
meets appropriate designated standards or has been tested and found
suitable for a specified purpose. The listing organization must be
acceptable to the authority having jurisdiction, including HHSC or
any other state, federal, or local authority.
(44) Local code--A model building code adopted by the
local building authority where the facility is constructed or located.
(45) 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.
(46) Manager--The individual in charge of the day-to-day
operation of the facility.
(47) Managing local ombudsman--Has the meaning given
in §88.2 of this title.
(48) 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.
(49) 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.
(50) Medication assistance or supervision--The assistance
or supervision of the medication regimen by facility staff. Refer
to §553.261(a) of this chapter.
(51) 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.
(52) Memory care services--Services provided by an
assisted living facility to meet the needs of residents with a diagnosis
of Alzheimer's disease or related disorders or a diagnosis of dementia.
(53) Multidrug-resistant organisms--Bacteria and other
microorganisms that have developed resistance to multiple types of
medicine used to act against the microorganism.
(54) 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
oneself 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.
(55) 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.
(56) Ombudsman intern--Has the meaning given in §88.2
of this title.
(57) Ombudsman program--Has the meaning given in §88.2
of this title.
(58) 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.
(59) 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:
Cont'd... |
