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RULE §555.2Definitions

The words and terms in this chapter have the following meanings, unless the context clearly indicates otherwise:

  (1) Abuse--Negligent or willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or emotional harm or pain to a resident; or sexual abuse, including involuntary or nonconsensual sexual conduct that would constitute an offense under Texas Penal Code §21.08 (relating to Indecent Exposure) or Texas Penal Code Chapter 22 (relating to Assaultive Offenses), sexual harassment, sexual coercion, or sexual assault.

  (2) Active duty--Current full-time military service in the armed forces of the United States or as a member of the Texas military forces, as defined in Texas Government Code §437.001, or similar military service of another state.

  (3) Administrator-in-training (AIT)-- A person undergoing an internship under a HHSC-approved certified preceptor.

  (4) Administrator of Record--The individual who is listed as the facility's licensed nursing facility administrator with the HHSC Licensing and Credentialing Section.

  (5) Applicant--A person applying for a Texas nursing facility administrator (NFA) license.

  (6) Armed forces of the United States--The Army, Navy, Air Force, Coast Guard, Space Force, or Marine Corps of the United States, including reserve units of those military branches.

  (7) Complaint--An allegation that an NFA violated one or more of the licensure rules or statutory requirements.

  (8) Domains of the National Association of Long Term Care Administrator Boards (NAB)--The five categories for education and continuing education of the NAB, which are resident care and quality of life; human resources; finance; physical environment and atmosphere; and leadership and management.

  (9) Formal hearing--A hearing held by the State Office of Administrative Hearings to adjudicate a sanction taken by HHSC against an NFA.

  (10) Good standing--In Texas an NFA is in good standing if the NFA is in compliance with the rules in this chapter and, if applicable, the terms of any sanction imposed by HHSC. An NFA licensed or registered in another state is in good standing if the NFA is in compliance with the NFA licensing or registration rules in the other state and, if applicable, the terms of any sanction imposed by the other state.

  (11) Health services executive (HSE) --An individual who has entry-level competencies of a nursing facility, assisted living community, or home and community-based service provider in this jurisdiction or another jurisdiction. The HSE has met NAB's minimum standards for qualification as an HSE.

  (12) HHSC--The Texas Health and Human Services Commission.

  (13) Internship--The training period in a nursing facility for an AIT. When HHSC accepts internship hours completed in another state, the hours must be completed in a facility that qualifies as a nursing facility or nursing home under the laws of the other state.

  (14) License--An NFA license or provisional license.

  (15) Licensee--A person licensed by HHSC as an NFA.

  (16) Long-term Care Regulation--The department of HHSC responsible for long-term care regulation, including determining nursing facility compliance with licensure and certification requirements and the regulation of NFAs.

  (17) Management experience--Full-time employment as a department head, assistant nursing facility administrator, or licensed professional supervising two or more employees in a nursing facility, including a nursing facility outside of Texas, or skilled nursing hospital unit.

  (18) Military service member--A person who is on active duty.

  (19) Military spouse--A person who is married to a military service member.

  (20) Military veteran--A person who has served on active duty and who was discharged or released from active duty.

  (21) Misappropriation of resident property--Taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any property, real or personal, or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority, or the taking of any action contrary to any duty imposed by federal or state law prescribing conduct relating to the custody or disposition of property of a resident

  (22) NAB examination--The national examination developed by NAB that applicants must pass in combination with the state licensure examination to be issued a license to practice nursing facility administration in Texas. The NAB examination consists of two modules: Core of Knowledge and Line of Service.

  (23) National Association of Long Term Care Administrator Boards (NAB)--State boards or agencies responsible for the licensure of NFAs.

  (24) National Continuing Education Review Service (NCERS)--The part of NAB that approves and monitors continuing education activities for NFAs.

  (25) Neglect--Failure to provide goods or services, including medical services, that are necessary to avoid physical or emotional harm, pain, or mental illness.

  (26) Nursing facility--A facility licensed in accordance with THSC Chapter 242.

  (27) Nursing Facility Administrator (NFA)--An individual licensed to engage in the practice of nursing facility administration, regardless of whether the individual has an ownership interest in the facility.

  (28) Nursing Facility Administrators Advisory Committee (NFAAC)--The advisory committee established by THSC §242.303 (the text of Subchapter I is effective until federal determination of failure to comply with federal regulations).

  (29) Preceptor--An NFA certified by HHSC to provide supervision to an AIT.

  (30) Professional examination services (PES)--The testing agency that administers the NAB and state examinations to applicants seeking licensure as an NFA.

  (31) Referral--A recommendation made by Long-term Care Regulation staff to investigate an NFA's compliance with licensure requirements when deficiencies or substandard quality of care deficiencies are found in a nursing facility, as required by Title 42 Code of Federal Regulations §488.325.

  (32) Sanctions--An adverse licensure action against an NFA. In Texas, a sanction is one of the actions listed in §555.57 of this chapter (relating to Schedule of Sanctions).

  (33) Self-study course--A NAB-approved education course that an individual pursues independently to meet continuing education requirements for license renewal.

  (34) State examination--The state licensure examination that applicants must pass, in combination with the NAB examination, to be issued a license to practice nursing facility administration in Texas.

  (35) Substandard quality of care--For a Medicare- or Medicaid-certified facility, this term has the meaning given in Title 42 Code of Federal Regulations §488.301. For a licensed-only facility, this term has the meaning given in Texas Administrative Code, Title 26, Part 1, §554.101(139).

  (36) THSC--Texas Health and Safety Code.

  (37) Traditional business hours--Monday through Friday from 8:00 a.m. until 5:00 p.m.

Source Note: The provisions of this §555.2 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective March 20, 2016, 41 TexReg 1923; amended to be effective September 28, 2016, 41 TexReg 7514; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791

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