| (28) Dietitian--A person who has a valid license under
the Licensed Dietitian Act, Texas Occupations Code, Chapter 701, as
a licensed dietitian or provisional licensed dietitian, or who is
registered as a dietitian by the Commission on Dietetic Registration
of the American Dietetic Association.
(29) Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(30) Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(31) Emergency situation--An impending or actual situation
that:
(A) interferes with normal activities of a center or
minors at a center;
(B) may:
(i) cause injury or death to a minor or individual
at the center; or
(ii) cause damage to the center's property;
(C) requires the center to respond immediately to mitigate
or avoid injury, death, damage, or interference; and
(D) does not include a situation that arises from the
medical condition of a minor such as cardiac arrest, obstructed airway,
or cerebrovascular accident.
(32) Executive commissioner--The executive commissioner
of the Texas Health and Human Services Commission.
(33) Functional assessment--An evaluation of a minor's
abilities, wants, interests, and needs related to self-care, communication
skills, social skills, motor skills, play with toys or objects, growth,
and development appropriate for age.
(34) Health care provider--An individual or facility
licensed, certified, or otherwise authorized to administer health
care in the ordinary course of business or professional practice.
(35) Health care setting--A location at which licensed,
certified, or otherwise regulated health care is administered.
(36) HHSC--The Texas Health and Human Services Commission.
(37) IDT--Interdisciplinary team. Individuals who work
together to meet the medical, nursing, psychosocial, and developmental
needs of a minor and a minor's parent's training needs.
(38) Inactive medical record--A record for a minor
who was admitted by a center to receive services and was subsequently
discharged by the center.
(39) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(40) Inspection--An on-site examination or audit of
a center by HHSC to determine compliance with THSC Chapter 248A and
this chapter.
(41) Isolation--The involuntary confinement of a minor
in a room of a center for the purposes of infection control, assessment,
and observation away from other minors in a room at the center. When
in isolation, a minor is physically prevented from contact with other
minors.
(42) Joint training--Training provided by HHSC to service
providers and HHSC inspectors on subjects that address the 10 most
commonly cited violations of state law governing centers, as published
in HHSC annual reports. HHSC determines the frequency of joint training.
(43) License--A license to operate a center issued
by HHSC under THSC, Chapter 248A, and this chapter. The term includes
initial, renewal, and temporary licenses unless specifically stated
otherwise.
(44) Licensed assistant in speech-language pathology--A
person who has a valid license under Texas Occupations Code, Chapter
401, as a licensed assistant in speech-language pathology and who
provides speech language support services under the supervision of
a licensed speech-language pathologist.
(45) License holder--A person that holds a license
to operate a center under THSC Chapter 248A and this chapter.
(46) Life Safety Code--A publication of the National
Fire Protection Association (NFPA), also known as NFPA 101, 2000 edition.
(47) Local emergency management agencies--The local
emergency management coordinator, fire, police, and emergency medical
services.
(48) Local emergency management coordinator--The person
identified as the emergency management coordinator by the mayor or
county judge for the geographical area in which a center is located.
(49) LVN--Licensed vocational nurse. A person who has
a valid license under Texas Occupations Code, Chapter 301, as a licensed
vocational nurse.
(50) Mechanical restraint--The use of any mechanical
device, material, or equipment to restrict the free movement of all
or a portion of a minor's body for the purpose of modifying or controlling
the minor's behavior.
(51) Medical director--A physician who has the qualifications
described in §550.307 of this chapter (relating to Medical Director
Qualifications and Conditions) and has the responsibilities described
in §550.308 of this chapter (relating to Medical Director Responsibilities).
(52) Medical record--A record composed first-hand for
a minor who has or is receiving services at a center.
(53) Medically dependent or technologically dependent--The
condition of an individual who, because of an acute, chronic, or intermittent
medically complex or fragile condition or disability, requires ongoing,
technology-based skilled nursing care prescribed by a physician to
avert death or further disability, or the routine use of a medical
device to compensate for a deficit in a life-sustaining body function.
The term does not include a controlled or occasional medical condition
that does not require continuous nursing care, including asthma or
diabetes, or a condition that requires an epinephrine injection.
(54) Medication administration record--A record used
to document the administration of a minor's medications and pharmaceuticals.
(55) Medication list--A list that includes all prescriptions,
over-the-counter pharmaceuticals, and supplements that a minor is
prescribed or taking, including the dosage, preparation, frequency,
and the method of administration.
(56) Minor--An individual younger than 21 years of
age who is medically dependent or technologically dependent.
(57) Mitigation--An action taken to eliminate or reduce
the probability of an emergency or public health emergency or reduce
an emergency's severity or consequences.
(58) Nursing director--The individual responsible for
supervising skilled services provided at a center and who has the
qualifications described in §550.309 of this chapter (relating
to Nursing Director and Alternate Nursing Director Qualifications
and Conditions).
(59) Nutritional counseling--Advising and assisting
an adult minor or a minor's parent or family on appropriate nutritional
intake by integrating information from a nutrition assessment with
information on food and other sources of nutrients and meal preparation
consistent with cultural background and socioeconomic status, with
the goal being health promotion, disease prevention, and nutrition
education. The term includes:
(A) dialogue with an adult minor or a minor's parent
to discuss current eating habits, exercise habits, food budget, and
problems with food preparation;
(B) discussion of dietary needs to help an adult minor
or the minor's parent understand why certain foods should be included
or excluded from the minor's diet and to help with adjustment to the
new or revised or existing diet plan;
(C) a personalized written diet plan as ordered by
the minor's physician, to include instructions for implementation;
(D) providing the adult minor or the minor's parent
with motivation to help them understand and appreciate the importance
of the diet plan in getting and staying healthy; or
(E) working with the adult minor or the minor's parent
by recommending ideas for meal planning, food budget planning, and
appropriate food gifts.
(60) Occupational therapist--A person who has a valid
license under Texas Occupations Code, Chapter 454, as an occupational
therapist.
(61) Occupational therapy assistant--A person who has
a valid license under Texas Occupations Code, Chapter 454, as an occupational
therapy assistant who assists in the practice of occupational therapy
under the general supervision of an occupational therapist.
(62) Operating hours--The days of the week and the
hours of day a center is open for services to a minor as identified
in a center's written policy as required by §550.201 of this
chapter (relating to Operating Hours).
(63) Overnight--The hours between 9:00 p.m. and 5:00
a.m. during the days of the week a center operates.
(64) Over-the-counter pharmaceuticals--A drug or formulary
for which a physician's prescription is not needed for purchase or
administration.
Cont'd... |
