| (65) Parent--A person authorized by law to act on behalf
of a minor with regard to a matter described in this chapter. The
term includes:
(A) a biological, adoptive, or foster parent;
(B) a guardian;
(C) a managing conservator; and
(D) a non-parent decision-maker as authorized by Texas
Family Code §32.001.
(66) Parent company--A person, other than an individual,
who has a direct 100 percent ownership interest in the owner of a
center.
(67) Person--An individual, firm, partnership, corporation,
association, or joint stock association, and the legal successor thereof.
(68) Personal care services--Services required by a
minor, including:
(A) bathing;
(B) maintaining personal hygiene;
(C) routine hair and skin care;
(D) grooming;
(E) dressing;
(F) feeding;
(G) eating;
(H) toileting;
(I) maintaining continence;
(J) positioning;
(K) mobility and bed mobility;
(L) transfer and ambulation;
(M) range of motion;
(N) exercise; and
(O) use of durable medical equipment.
(69) Pharmaceuticals--Of or pertaining to drugs, including
over-the-counter drugs and those requiring a physician's prescription
for purchase or administration.
(70) Pharmacist--A person who is licensed to practice
pharmacy under Texas Occupations Code, Chapter 558.
(71) Pharmacy--A facility at which a prescription drug
or medication order is received, processed, or dispensed as defined
in Texas Occupations Code §551.003.
(72) Physical restraint--The use of physical force,
except for physical guidance or prompting of brief duration, that
restricts the free movement of all or a portion of a minor's body
for the purpose of modifying or controlling the minor's behavior.
(73) Physical therapist--A person who has a valid license
under Texas Occupations Code, Chapter 453, as a physical therapist.
(74) Physical therapist assistant--A person who has
a valid license under Texas Occupations Code, Chapter 453, as a physical
therapist assistant and:
(A) who assists and is supervised by a physical therapist
in the practice of physical therapy; and
(B) whose activities require an understanding of physical
therapy.
(75) Physician--A person who:
(A) has a valid license in Texas to practice medicine
or osteopathy in accordance with Texas Occupations Code, Chapter 155;
(B) has a valid license in Arkansas, Louisiana, New
Mexico, or Oklahoma to practice medicine, who is the treating physician
of a minor, and orders services for the minor, in accordance with
Texas Occupations Code, Chapter 151; or
(C) is a commissioned or contract physician or surgeon
who serves in the United States uniformed services or Public Health
Service if the person is not engaged in private practice, in accordance
with Texas Occupations Code, Chapter 151.
(76) Place of business--An office of a center where
medical records are maintained and from which services are directed.
(77) Plan of care--A protocol of care.
(78) Positive intervention--An intervention that is
based on or uses a minor's preferences as positive reinforcement,
and focuses on positive outcomes and wellness for the minor.
(79) Pre-licensing program training--Computer-based
training, available on the HHSC website, designed to acquaint center
staff with licensure standards.
(80) Premises--The term includes the center, any lots
on which the center is located, any outside ground areas, any outside
play areas, and the parking lot.
(81) Preparedness--Actions taken in anticipation of
a disaster including a public health disaster.
(82) Prescribing physician--A physician who is authorized
to write and issue orders for services at a center.
(83) Progress note--A dated and signed written notation
summarizing facts about services provided to a minor and the minor's
response during a given period of time.
(84) Protective device--A mechanism or treatment, including
sedation, that is:
(A) used:
(i) for body positioning;
(ii) to immobilize a minor during a medical, dental,
diagnostic, or nursing procedure;
(iii) to permit wounds to heal; or
(iv) for a medical condition diagnosed by a physician;
and
(B) not used as a restraint to modify or control behavior.
(85) Protocol of care--A comprehensive, interdisciplinary
plan of care that includes the medical physician's plan of care, nursing
care plan and protocols, psychosocial needs, and therapeutic and developmental
service needs required by a minor and family served.
(86) Psychologist--A person who has a valid license
under Texas Occupations Code, Chapter 501, as a psychologist.
(87) Psychosocial treatment--The provision of skilled
services to a minor under the direction of a physician that includes
one or more of the following:
(A) assessment of alterations in mental status or evidence
of suicide ideation or tendencies;
(B) teaching coping mechanisms or skills;
(C) counseling activities; or
(D) evaluation of a plan of care.
(88) Quiet time--A behavior management technique used
to provide a minor with an opportunity to regain self-control, where
the minor enters and remains for a limited period of time in a designated
area from which egress is not prevented.
(89) Recovery--Activities implemented during and after
a disaster response, including a public health disaster response,
designed to return a center to its normal operations as quickly as
possible.
(90) Relocation--The closing of a center and the movement
of its business operations to another location.
(91) Respiratory therapist--A person who has a valid
license under Texas Occupations Code, Chapter 604, as a respiratory
care practitioner.
(92) Response--Actions taken immediately before an
impending disaster or during and after a disaster, including a public
health disaster, to address the immediate and short-term effects of
the disaster.
(93) Restraint--Physical restraint, chemical restraint,
or mechanical restraint.
(94) RN--Registered nurse. A person who has a valid
license under Texas Occupations Code, Chapter 301, to practice professional
nursing.
(95) RN delegation--Delegation of tasks by an RN in
accordance with 22 Texas Administrative Code Chapter 224 (relating
to Delegation of Nursing Tasks by Registered Professional Nurses to
Unlicensed Personnel for Clients with Acute Conditions or in Acute
Care Environments).
(96) Sedation--The act of allaying nervous excitement
by administering medication that commonly induces the nervous system
to calm. Sedation is a protective device.
(97) Social worker--A person who has a valid license
under Texas Occupations Code, Chapter 505, as a social worker.
(98) Speech-language pathologist--A person who has
a valid license under Texas Occupations Code, Chapter 401, as a speech-language
pathologist.
(99) Substantial compliance--A finding in which a center
receives no recommendation for enforcement action after an inspection.
(100) Supervision--Authoritative procedural guidance
by a qualified person that instructs another person and assists in
accomplishing a function or activity. Supervision includes initial
direction and periodic inspection of the actual act of accomplishing
the function or activity.
(101) Support services--Social, spiritual, and emotional
care provided to a minor and a minor's parent by a center.
(102) THSC--Texas Health and Safety Code.
(103) Total census--The total number of minors with
active plans of care at a center.
(104) Transition support--Planning, coordination, and
assistance to move the location of services provided to a minor from
a center to the least restrictive setting appropriate.
(105) Violation--A finding of noncompliance with this
chapter or THSC Chapter 248A resulting from an inspection.
(106) Volunteer--An individual who provides assistance
to a center without compensation other than reimbursement for actual
expenses.
|
| Source Note: The provisions of this §550.5 adopted to be effective September 1, 2014, 39 TexReg 6569; amended to be effective September 28, 2016, 41 TexReg 7512; amended to be effective October 11, 2017, 42 TexReg 5492; amended to be effective October 28, 2018, 43 TexReg 7186; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875; amended to be effective March 20, 2023, 48 TexReg 1564 |
