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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 510PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER AGENERAL PROVISIONS
RULE §510.2Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Action plan--A written document that includes specific measures to correct identified problems or areas of concern; identifies strategies for implementing system improvements; and includes outcome measures to indicate the effectiveness of system improvements in reducing, controlling or eliminating identified problem areas.

  (2) Adverse event--An event that results in unintended harm to the patient by an act of commission or omission rather than by the underlying disease or condition of the patient.

  (3) Applicant--The person legally responsible for the operation of the facility, whether by lease or ownership, who seeks a license from the department.

  (4) Board--The Texas Board of Health.

  (5) Community center--A center established under Health and Safety Code, Chapter 534, Subchapter A.

  (6) Contaminated linen--Linen which has been soiled with blood or other potentially infectious materials or may contain sharps. Other potentially infectious materials means:

    (A) the following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and 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); and

    (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.

  (7) Crisis stabilization unit (CSU)--A mental health facility operated by a community center or other entity designated by the Texas Department of Mental Health and Mental Retardation in accordance with Texas Health and Safety Code, §534.054, that provides treatment to individuals who are the subject of a protective custody order issued in accordance with Texas Health and Safety Code, §574.022.

  (8) Dentist--A person licensed to practice dentistry by the State Board of Dental Examiners. This includes a doctor of dental surgery or a doctor of dental medicine.

  (9) Department--The Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.

  (10) Dietitian--A person who is currently licensed by the Texas State Board of Examiners of Dietitians as a licensed dietitian or provisional licensed dietitian, or who is a registered dietitian with the American Dietetic Association.

  (11) Director--The director of the Health Facility Licensing and Compliance Division, Texas Department of Health.

  (12) Division--The Health Facility Licensing and Compliance Division, Texas Department of Health.

  (13) Emergency medical condition--A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbances or symptoms of substance abuse) such that the absence of immediate medical attention could reasonably be expected to result in one or all of the following:

    (A) placing the health of the individual (or with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;

    (B) serious impairment to bodily functions;

    (C) serious dysfunction of any bodily organ or part; or

    (D) with respect to a pregnant woman who is having contractions:

      (i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or

      (ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.

  (14) Facility--A private psychiatric hospital or a crisis stabilization unit.

  (15) Facility administration--Administrative body of a facility headed by an individual who has the authority to represent the facility and who is responsible for the operation of the facility according to the policies and procedures of the facility governing body.

  (16) Fast-track projects--A construction project in which it is necessary to begin initial phases of construction before later phases of the construction documents are fully completed in order to establish other design conditions or because of time constraints such as mandated deadlines.

  (17) Governing body--The governing authority of a facility which is responsible for the facility's organization, management, control, and operation, including appointment of the medical staff; includes the owner or partners for facilities owned or operated by an individual or partners.

  (18) Governmental unit--A political subdivision of the state, including a hospital district, county, or municipality, and any department, division, board, or other agency of a political subdivision.

  (19) Hospital--A private psychiatric hospital.

  (20) Inpatient services--Services provided to a patient admitted to a hospital for an intended length of stay of 24 hours or greater.

  (21) Learning disability--When a severe discrepancy exists when the individual's assessed intellectual ability is above the mentally retarded range, but where the individual's assessed educational achievement in areas specified is more than one standard deviation below the individual's intellectual ability.

  (22) Legally reproduced form--A medical record retained in hard copy, microform (microfilm or microfiche), or other electronic medium.

  (23) Licensed vocational nurse--An individual who is currently licensed as a licensed vocational nurse (LVN) by the Board of Vocational Nurse Examiners in accordance with Texas Occupations Code, Chapter 302.

  (24) Licensee--A person or governmental unit who has been granted a private psychiatric hospital license or crisis stabilization unit license.

  (25) Medical error--The failure of a planned action to be completed as intended, the use of a wrong plan to achieve an aim, or the failure of an unplanned action that should have been completed, that results in an adverse event.

  (26) Medical staff--Licensed physicians and other licensed practitioners permitted by law and by the facility to provide medical care independently in the facility.

  (27) 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.

  (28) Mental illness--An illness, disease, or condition (other than a sole diagnosis of epilepsy, senility, substance use disorder, mental retardation, autism, or pervasive developmental disorder) that:

    (A) substantially impairs a person's thought, perception of reality, emotional process, or judgment; or

    (B) grossly impairs an individual's behavior as demonstrated by recent disturbed behavior.

  (29) Mental retardation--Significantly subaverage general intellectual functioning that is concurrent with deficits in adaptive behavior and originates during the developmental period.

  (30) Minor--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.

  (31) Mobile unit--Any pre-manufactured structure, trailer, or self-propelled unit equipped with a chassis on wheels and intended to provide shared medical services to the community on a temporary basis. Some of these units are equipped with expanding walls, and designed to be moved on a daily basis.

  (32) Oral surgeon--A person licensed by the State Board of Dental Examiners in the specialty of dentistry which includes the diagnosis, surgical and adjunctive treatment of diseases, injuries, and defects involving both the functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial regions.

  (33) Outpatient services--Services provided to patients whose medical needs can be met in less than 24 hours and are provided within the facility.

  (34) Owner--One of the following persons which will hold or does hold a license issued under Health and Safety Code, Chapter 577, 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;

Cont'd...

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