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RULE §511.2Definitions

  (31) Mental health services--All services concerned with research, prevention, and detection of mental disorders and disabilities and all services necessary to treat, care for, supervise, and rehabilitate persons who have a mental illness.

  (32) Nurse--A registered, vocational, or advanced practice registered nurse licensed by the Texas Board of Nursing or entitled to practice in this state under Texas Occupations Code Title 3, Subtitle E.

  (33) Other potentially infectious materials--Any of the following materials.

    (A) The following human body fluids:

      (i) semen;

      (ii) vaginal secretions;

      (iii) cerebrospinal fluid;

      (iv) synovial fluid;

      (v) pleural fluid;

      (vi) pericardial fluid;

      (vii) peritoneal fluid;

      (viii) amniotic fluid;

      (ix) saliva in dental procedures;

      (x) any body fluid that is visibly contaminated with blood; and

      (xi) all body fluids in situations where it is difficult or impossible to differentiate between body fluids;

    (B) any unfixed tissue or organ (other than intact skin) from a human (living or dead); or

    (C) human immunodeficiency virus (HIV)-containing cell or tissue cultures, organ cultures, and HIV or hepatitis B virus (HBV)-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

  (34) Outpatient--An individual who presents for diagnostic or treatment services for an intended length of stay of less than 24 hours. An individual who requires continued observation may be considered as an outpatient for up to 48 hours.

  (35) Outpatient services--Services provided to patients whose medical needs can be met in less than 24 hours and are provided within the LSRH. Services that require continued observation may be considered as outpatient services for up to 48 hours.

  (36) Owner--One of the following persons or governmental unit which will hold or does hold a license issued under the statute in the person's name or the person's assumed name:

    (A) a corporation;

    (B) a governmental unit;

    (C) a limited liability company;

    (D) an individual;

    (E) a partnership if a partnership name is stated in a written partnership agreement or an assumed name certificate;

    (F) all partners in a partnership if a partnership name is not stated in a written partnership agreement or an assumed name certificate; or

    (G) all co-owners under any other business arrangement.

  (37) Patient--An individual who presents for diagnosis or treatment.

  (38) Person--An individual, firm, partnership, corporation, association, or joint stock company, and includes a receiver, trustee, assignee, or other similar representative of those entities.

  (39) Physician--An individual licensed by the Texas Medical Board and authorized to practice medicine in the state of Texas.

  (40) Physician assistant--A person licensed as a physician assistant by the Texas Physician Assistant Board.

  (41) Podiatrist--A podiatrist licensed by the Texas Department of Licensing and Regulation.

  (42) Practitioner--A health care professional licensed in the state of Texas, other than a physician, podiatrist, or dentist.

  (43) Prelicensure conference--A conference held with HHSC staff and the applicant or the applicant's representative to review licensure rules and survey documents and provide consultation prior to the on-site licensure inspection.

  (44) Premises--A building where patients receive LSRH services.

  (45) Prominent location--A size and font at least as large as that of surrounding text, links, or buttons, distinct from the background of the website, immediately viewable upon accessing the home page of the hospital's publicly accessible website without having to scroll.

  (46) Prominently displayed--Refer to "prominent location."

  (47) Public health emergency--A state of disaster or local disaster declared under Texas Government Code Chapter 418 or a public health disaster as defined by HSC §81.003.

  (48) Qualified rural hospital--A general or special hospital licensed under HSC Chapter 241 (relating to Hospitals) on December 27, 2020, that meets the requirements to be designated as a rural emergency hospital under 42 CFR §485.502 (relating to Definitions), and §485.506 (relating to Designation and Certification of REHs) and is:

    (A) located in a rural area, as defined by 42 United States Code §1395ww(d)(2)(D); or

    (B) designated by the Centers for Medicare & Medicaid Services as a critical access hospital, rural referral center, or sole community hospital.

  (49) Qualifying official disaster order--An order, proclamation, or other instrument issued by the Governor, another official of this state, or the governing body or an official of a political subdivision of this state declaring a disaster that has infectious disease as the basis for the declared disaster.

  (50) Qualifying period of disaster--The period of time the area in which a LSRH is located is declared to be a disaster area by a qualifying official disaster order.

  (51) Quality improvement--A method of evaluating and improving processes of patient care that emphasizes a multidisciplinary approach to problem solving, and focuses not on individuals, but systems of patient care which might be the cause of variations.

  (52) Quality improvement organization--An organization that has a contract with the Centers for Medicare & Medicaid Services, under Title XI Part B of the Social Security Act, to perform utilization and quality control review of the health care furnished, or to be furnished, to Medicare beneficiaries.

  (53) Religious counselor--An individual acting substantially in a pastoral or religious capacity to provide spiritual counsel to other individuals.

  (54) Registered nurse (RN)--A person who is currently licensed by the Texas Board of Nursing as a registered nurse or who holds a valid registered nursing license with multi-state licensure privilege from another compact state.

  (55) Restraint--A restraint is:

    (A) any manual method, physical or mechanical device, material, or equipment that immobilizes or reduces the ability of a patient to move their arms, legs, body, or head freely; or

    (B) a drug or medication when it is used as a restriction to manage the patient's behavior or restrict the patient's freedom of movement and is not a standard treatment or dosage for the patient's condition and does not include:

      (i) devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a patient for the purpose of conducting routine physical examinations or tests; or

      (ii) devices to protect the patient from falling out of bed, off of a stretcher, or out of a chair, or to permit the patient to participate in activities without the risk of physical harm (this does not include a physical escort).

  (56) Seclusion--The involuntary confinement of a patient alone in a room or area from which the patient is physically prevented from leaving.

  (57) Special hospital--An establishment that:

    (A) offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals who are regularly admitted, treated, and discharged and who require services more intensive than room, board, personal services, and general nursing care;

    (B) has clinical laboratory facilities, diagnostic X-ray facilities, treatment facilities, or other definitive medical treatment;

    (C) has a medical staff in regular attendance; and

    (D) maintains records of the clinical work performed for each patient.

  (58) Stabilize--With respect to an emergency medical condition, to provide such medical treatment of the condition necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility, or that the woman has delivered the child and the placenta.

  (59) Surgical technologist--A person who practices surgical technology as defined in HSC Chapter 259.


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